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

Vol. 146 WASHINGTON, TUESDAY, JULY 25, 2000 No. 98 House of Representatives The House met at 9 a.m. and was One of my biggest disappointments of Unfortunately, his death set off a called to order by the Speaker pro tem- a public service career is our inability wave of shootings. Teenagers who pore (Mr. COOKSEY). as a government to take action. Since should have been in school instead of f I have been active in politics we have out in the streets were involved with lost 1 million Americans to gun vio- retaliatory activity, the risk being ac- DESIGNATION OF SPEAKER PRO lence, more than all the Americans centuated by the availability of guns TEMPORE killed in every war since the Civil War. and the willingness to use them. The SPEAKER pro tempore laid be- Preparing to leave this summer, the It is important, Mr. Speaker, that we fore the House the following commu- House has delayed for 1 year acting on make sure that Americans understand nication from the Speaker: the activities for reducing gun violence that there is a face behind each one of WASHINGTON, DC, that were passed by the Senate. those statistics. Then we need to press July 25, 2000. We can in fact take sensible steps, as I hereby appoint the Honorable JOHN for action, first on the local level, not we have with other public health cri- just with Governors and mayors and COOKSEY to act as Speaker pro tempore on ses. For instance, we had faced massive this day. county commissioners and housing au- carnage on our Nation’s highways. Yet, J. DENNIS HASTERT, thorities, but also supporting the ac- Speaker of the House of Representatives. for the last 30 years, as part of a larger tivities of citizen activists. f strategy, we have cut automobile deaths in half, not by accepting the For example, in my State of Oregon MORNING HOUR DEBATES carnage but by moving forward with a we have put an initiative on the Or- The SPEAKER pro tempore. Pursu- safer automobile product, highway de- egon ballot to close the gun show loop- ant to the order of the House of Janu- sign, and attitudes towards things like hole if Congress cannot and will not ary 19, 1999, the Chair will now recog- drunk driving. act. nize Members from lists submitted by The same approach can work with But there is no escaping the need to the majority and minority leaders for gun violence. The American public put pressure on the national level. morning hour debates. The Chair will wants it and will support it. They want Sadly, there is a huge difference be- alternate recognition between the par- to see steps to make guns safer, to tween the political parties regarding ties, with each party limited to not to keep guns out of the hands of more gun violence. Sadly, the Republican exceed 25 minutes, and each Member people with violent or criminal his- leadership in the House has been an ac- except the majority leader, the minor- tories, to close the gun show loophole. tive partner with the NRA preventing ity leader, and the minority whip lim- One of the most important things we us from moving forward. They have ited to not to exceed 5 minutes, but in need to do to urge action is to put a even boasted that if they were able to no event shall debate continue beyond face on the 1 million people who have elect George Bush, they would be able 9:50 a.m. been killed. That is an effort that I to work right out of the White House. f have been attempting in my term of of- fice. But Vice President GORE and the LIVABLE COMMUNITIES AND Today I wanted to say a couple of Democratic congressional leadership REDUCING GUN VIOLENCE words about a young man named Ray would in fact enact commonsense re- The SPEAKER pro tempore. Under Ray Winston, who was Portland, Or- forms to reduce gun violence. These are the Speaker’s announced policy of Jan- egon’s first victim of gang-related slay- steps that are supported by the Amer- uary 19, 1999, the gentleman from Or- ing. Some dismissed his death as some- ican public and steps that would make a difference. When we come back in egon (Mr. BLUMENAUER) is recognized thing that was a logical consequence of during morning hour debates for 5 min- a young man running with a tough September, it will have been 13 months utes. crowd, being at the wrong place at the since the conference committee on ju- Mr. BLUMENAUER. Mr. Speaker, my wrong time. Yet, Ray Ray Winston was venile violence has even met. purpose in serving in Congress is to a young man who was dealt a very I hope the American public will add help make our families live in livable tough hand by life: a father incarcer- their voice to demand an end to the communities, places where those fami- ated, not having as much family sup- spineless acceptance of gun violence lies can be safe, healthy, and economi- port; a young man who had aspirations, and enact simple, commonsense gun re- cally secure. An important part of that for instance in athletics. He had been forms to make our communities more effort is reducing the toll of death and just a couple of weeks before his death livable, to make our families safe, injury from gun violence. in a basketball camp with my son. healthy, and economically secure.

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

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VerDate 25-JUL-2000 04:43 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.000 pfrm02 PsN: H25PT1 H6780 CONGRESSIONAL RECORD — HOUSE July 25, 2000 DON’T LET TAXPAYERS GET amounts to subsidize these kinds of tablishing one of the finest marine lab- ‘‘RAILROADED’’ pension plans for private sector busi- oratories in the world. The SPEAKER pro tempore. Under ness. The bill as written should not be When Mr. Mote discovered Cape Haze the Speaker’s announced policy of Jan- passed. Laboratory in 1965, he immediately set uary 19, 1999, the gentleman from f his mind into catapulting the small Michigan (Mr. SMITH) is recognized marine research facility into a world- IN MEMORY OF WILLIAM RUSSELL renowned program. Henceforth, the during morning hour debates for 5 min- MOTE utes. Mote Marine Laboratory, named after Mr. SMITH of Michigan. Mr. Speak- The SPEAKER pro tempore. Under its principal benefactor, has been the er, this week the House of Representa- the Speaker’s announced policy of Jan- catalyst for breeding and mammal pro- tives is expected to be voting on a bill, uary 19, 1999, the gentleman from Flor- grams which benefit sea life all over H.R. 4844, the Railroad Retirement and ida (Mr. MILLER) is recognized during the world. Survivors Improvement Act of 2000. morning hour debates for 5 minutes. The lab first became known inter- This legislation has been advertised as Mr. MILLER of Florida. Mr. Speaker, nationally for shark research, and in a historic agreement that is over- a friend of mine died this past week. 1991, Congress designated Mote Marine whelmingly supported by both rail His name was William Russell Mote. He Laboratory as the National Center for management and labor. was not only my friend, he was the Shark Research. Bill Mote, who him- Why have they agreed so easily? The Members’, too, and a friend of all self never had the opportunity of high- answer is because American taxpayers Americans, as well. As a matter of fact, er education, initiated a Scholar Chair rather then the private railroad compa- he was a friend to people all over the in Fisheries Ecology and Enhancement nies are going to be footing the bill for world. at Florida State University. their private pension fund. I would like to tell the Members why. He also encouraged younger people to Let me talk about the facts of this Bill Mote was born in my State of Flor- become interested in marine life. railroad retirement bill. The railroad ida in the city of Tampa at the turn of Schoolchildren were exposed to the retirement system already has an un- the century. The world was a far dif- smallest creatures as well as the mag- funded liability of $39.7 billion, accord- ferent place for Bill Mote back in the nificent sharks and dolphins at Mote ing to our Committee on the Budget early part of the last century. Teddy Marine Laboratories Aquarium. A new staff. The industry would need to in- Roosevelt was President. There was a state of the art Marine Mammal Res- crease contributions from 21 percent of world without jet planes, without tele- cue Center gives all visitors a first- wages to 31 percent of wages for the vision. No man had flown in space. It hand look at the expert veterinary care next 30 years to cover this shortfall. was a world that encouraged a young that Mote’s Marine biologists provide. Accurate accounting shows that the boy to go fishing in the beautiful wa- Bill will always be remembered as a industry has received at least $85 bil- ters of the Gulf of Mexico. promoter of education, as well as an lion more in benefits than it has paid It was also a time that encouraged excellent educator himself. He was at in contributions. entrepreneurs, and Bill Mote took full the helm when the Jason Project began The rail industry has for many years advantage. He could not wait to ven- at Mote Marine. That was developed as received special government subsidies ture out into the world and start his an educational venture between Dr. that are available to no other industry. own business. While he never earned a Ballard and Mote Marine. Dr. Ballard Under current law, income taxes paid college degree, Bill Mote was a well- is using Jason and Jason II remote by rail retirees do not go to U.S. Treas- educated individual whose charisma submersibles, credited with the discov- ury. They are instead transferred to and charm paved him a very successful eries of the Titanic, the Bismarck, and the Railroad Retirement System, cost- path in the business world. other landmark discoveries beneath ing taxpayers over $5 billion. Mr. Mote’s love for the world ex- the depths of our oceans. Mr. Mote was The government also currently pays tended far beyond the realm of his ex- constantly expanding the depths of our the cost of Amtrak’s social security citing business ventures. He loved the understanding, even to the bottom of contributions, costing taxpayers an- adventure of travel and the excitement the sea. other $150 million a year. of the sea. He visited many places after Even larger than his love of the Now this plan, H.R. 4844, would re- he sold his company, and concentrated oceans was his love for education. He duce both employer and employee con- on trips that would enable him to be gave not only to the studies of marine tributions to the retirement fund. Let with marine scientists, oceanog- biology and oceanography, but also re- me say that again. They are going to raphers, and biologists. lentlessly promoted the fields to youth reduce both employee and employer Bill recognized very early on that ir- and professionals alike with his own contributions to the retirement fund responsible global habits were endan- special blend of enthusiasm. In 1968, while providing substantial increases gering his beloved sea. What a shame it Mr. Mote was awarded the Gold Medal in benefits, so they reduce the con- would be that we would be destroying of the International Oceanographic tribution, they increase benefits, and one of our two unexplored frontiers; a Foundation. they charge the American taxpayers vast one at that, covering three- Many of us who knew Bill Mote have for these private business pension fourths of the world. To Bill Mote, that our own stories to tell. After meeting a plans. was just as exciting as man landing on person like Bill, his energetic and pas- Specifically, the bill will, number the moon. Discovering and protecting sionate love for the ocean was mag- one, repeal a 26.5 cent per hour em- our oceans became his passion. netic. His relentless drive passion and ployer contribution for supplemental It is not surprising to people who vigor was rivaled only by his char- annuities; two, it will reduce employer knew Bill to understand how his pas- ismatic personality. contributions from the current 16.1 per- sion was superseded only by his gen- Bill Mote was to all of us and will re- cent to 14.2 percent in the year 2002; erosity in his goal. He definitely put main in our hearts a true example of three, it will expand benefits for wid- his money where his heart was. He met what one person can do with a little de- ows; four, it will reduce the vesting re- Eugenie Clark. Some may know her as termination. quirement from 10 to 5 years; five, it the famous ‘‘shark lady’’ on PBS na- I served on the board of Mote Marine will repeal the current cap on pay- ture shows. before I came to Congress. I had the ments of earned benefits; six, it is Bill and Dr. Clark started a partner- pleasure of knowing Bill Mote well. He going to reduce the minimum retire- ship that would last over 35 years, and was a devoted husband and brother. He ment age to 60. would be the root of Mr. Mote’s philan- was a counselor to marine biologists. This legislation fails to move to a thropic mission to save our oceans. Al- He was a teacher to all ages of stu- privatized retirement system. It re- ways drawn to the water, he settled on dents. Most of all, he was a true con- duces contributions of the employee the West Coast of Florida, in Sarasota, servationist, a self-educated man who and employer and while substantially with the intent to build a marine lab- saw a need in the world and went ahead increasing benefits. It is going to cost oratory. He used what he learned from to do something about it. He definitely the taxpayers of the country huge his travels and joined Dr. Clark in es- graduated life with honors.

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.027 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6781 A REPUBLICAN PRESCRIPTION years. Various private insurance com- recognized Mote Marine Research Lab- DRUG PROGRAM BUILT ON panies have come and gone. Private oratory in Sarasota, Florida. FALSE HOPES AND VAGUE health plans have evolved from true in- Prior to redistricting in 1990 in Flor- PROMISES surance programs, where everyone paid ida, I used to represent Sarasota and The SPEAKER pro tempore. Under the same rate and everyone was eligi- the Mote Marine Lab where it is. I can the Speaker’s announced policy of Jan- ble for coverage, to selective organiza- tell Members that today it is one of the uary 19, 1999, the gentleman from Ohio tions favoring the healthiest enrollees. premier marine laboratories in the (Mr. BROWN) is recognized during morn- Medicare does not play favorites. It world, an opinion that is quickly sec- ing hour debates for 5 minutes. provides reliable coverage to all sen- onded by experts in this field, I would Mr. BROWN of Ohio. Mr. Speaker, iors. The original Medicare program is add. not long ago this House debated a pre- available to everyone. It never skips Mote Marine is a very busy, very pro- scription drug coverage bill, not a town. It never ratchets down benefits. fessional, and very accomplished insti- Medicare prescription drug coverage It does not charge different premiums tution, just like its founder. While Mr. proposal but a bill endorsed by the Re- to different people based on different Mote has passed on, all of us are going publican majority that features private circumstances. It enables seniors to see to continue to benefit enormously from stand-alone prescription drug coverage the provider of their choice. No wonder his life and the Mote Marine Labora- for seniors. It was the only bill we were it is the most popular political pro- tory, which continues on. We are in his permitted to consider. gram, public program, in the Nation’s debt for that. I joined many other Members of this history. I would like to pass along to the House when I questioned the logic of But to keep up with modern health many members of the Mote Marine lab- this proposal, the feasibility of this care, the Medicare benefits package oratory community and their families proposal, the arrogant anti-Medicare needs to be modified to include pre- my sincere condolences from myself message of this proposal. scription drugs. Updating the Medicare and my wife, Mariel, and of course Our concerns are not theoretical. It benefits package, that is what the de- from other friends from southwest turns out that Nevada has adopted a bate some weeks ago should have been Florida which I now represent who un- prescription drug program almost iden- about. It was an insult to the public, derstand the Mote Marine Laboratory tical to the Republican plan. It is not that instead we debated a bill that and knew Mr. Mote well. working. It is not working for the same makes no sense unless the goal is not We appreciate greatly the legacy reason the Republican plan will not to provide a prescription drug benefit that he leaves us of awareness about work, because insurers refuse to par- plan, but rather, to set the stage for a the oceans and how fragile they are, ticipate. They say the risks and the massive overhaul of Medicare; unless and that the fishes and the critters and costs of providing individual insurance the goal is to promote privatization of mammals in that ocean do need stew- policies for prescription drugs are sim- Medicare. After all, if we privatize one ardship, now that mankind has made ply too high. We do not actually have benefit, like prescription drugs, we such a strong imprint on our globe; the to implement the national proposal to might as well privatize them all. educational efforts that are being made see whether insurers will participate. I urge my colleagues on the other at Mote Marine to share knowledge They have already said they will not. side of the aisle to change course. I with people who need that knowledge This House raised the hopes of mil- urge them to shift their support to- and want that knowledge to push for- lions of seniors by passing prescription wards legislation that updates Med- ward into the horizons of the unknown drug legislation, legislation that was icaid and Medicare instead of spurning in our oceans; and of course, the re- forced upon this body by a majority it. If we work together on a proposal search that is done there in so many unwilling to consider any other plan, like that, we can do the right thing for areas. any other bill, any other approach. Re- the American people. But if my Repub- I have memories myself going back publican leadership forced this House lican colleagues continually insist on when I was a city councilman in the to take seriously a proposal built on going down this dead end street, they city of Sanibel trying to deal with the false hopes and vague promises. should not be surprised if come Novem- scourge of red tide, which is something The majority in this House saw a po- ber it is the American voter who says, that occasionally visits the Florida litical opportunity and seized it. They game over. beaches. It is a very unpleasant thing, decided it was time to associate them- f with dead fish and a bad smell, and it selves with the prescription drug issue. is bad for tourism, but it obviously After all, Medicare beneficiaries and WILLIAM R. MOTE says that something is wrong with the their families are a huge voting block, The SPEAKER pro tempore. Under environment. We tried to understand and the majority is up for grabs. the Speaker’s announced policy of Jan- that. To my Republican colleagues, more uary 19, 1999, the gentleman from Flor- That was my first meeting with Mr. power to them. If the media plays their ida (Mr. GOSS) is recognized during Mote, going to his laboratory and say- bill right, maybe they will hold onto a morning hour debates for 5 minutes. ing, can you help me understand red few more seats, except for one thing. Mr. GOSS. Mr. Speaker, I rise to say tide? Is there something we can do This is not a token issue. When Mem- a few words about William Russell about that? That pursuit still goes on. bers play the prescription drug issue Mote. Mr. Mote passed away a few days That was back some 20 or 25 years ago, like a game, they are playing with the ago after a long and productive life, as I think. lives of real people. They are playing Members heard my colleague, the gen- Bill Mote was a hands-on activist. He with the quality of those lives and the tleman from Florida (Mr. MILLER), an- got very enthusiastically involved. He length of those lives. nounce from this podium a few minutes had a wonderful, charming way about To the 84-year-old woman eating 1 ago. going into a project. He was very pleas- meal a day so she can afford the arthri- I suppose not every American may ant. He was very knowledgeable. He tis medication that permits her to know the Mote name, but surely they was very eager to share whatever walk, this is not a game. To the 67- have been affected by his life and his knowledge he had and pass it along. year-old man who cannot afford to fill generosity. William Mote contributed He certainly raised awareness about a blood pressure prescription that measurably to our understanding of sharks. I think most of us are familiar could keep him alive, this is not a the oceans and the fishes and other life with the movie, but the facts about game. To the adult sons and daughters in the oceans, helping us to learn how sharks, what they really are, how they wondering whether they are going to to be good stewards, taking care of live, what goes on with shark popu- be able to find money for their parents’ these natural resources. lations in the world, we owe a huge prescriptions, this is not a game. Mr. Mote’s accomplishments are very debt to the Mote Marine laboratory Last week was the 35th anniversary many, but I think his most notable one and the work that has been done there. of the Medicare program. The Amer- from my perspective was the establish- Dolphins, I remember going to Mote ican public has financed that program ment and the sustainment, the very Marine to get assistance in writing leg- and benefited from that program for 35 generous sustainment, of the world- islation for dolphin protection. There

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.004 pfrm02 PsN: H25PT1 H6782 CONGRESSIONAL RECORD — HOUSE July 25, 2000 is such a thing as dolphin captive pro- PLEDGE OF ALLEGIANCE minute and to revise and extend his re- gram legislation now to protect our The SPEAKER pro tempore. Will the marks.) Mr. GIBBONS. Madam Speaker, as a dolphin inventories, because they were gentleman from Ohio (Mr. TRAFICANT) former Air Force pilot and veteran, I being exploited at one point. come forward and lead the House in the have a special sensitivity and perma- Manatee rescue operations, an endan- Pledge of Allegiance. nent appreciation for the needs and gered species in Florida. Those who Mr. TRAFICANT led the Pledge of concerns of our Nation’s military. have seen manatees know in what per- Allegiance as follows: ilous shape they are and how wonderful It seems obvious to me and to the I pledge allegiance to the flag of the United men and women who serve in our mili- they are, what great creatures, and the States of America, and to the Republic for work that has been done there to try tary forces that I have spoken with which it stands, one nation under God, indi- that the Clinton-Gore administration and make sure that we will continue to visible, with liberty and justice for all. has put our soldiers, sailors, airmen, have manatees on this globe. All of f these kinds of things are wonderful and Marines in danger by continually parts of the natural resource that Bill MOROCCAN GIFTS asking the military to do more and Mote found and fell in love with and more with less and less. (Mr. PITTS asked and was given per- Over the past 8 years, President Clin- decided that he would do something mission to address the House for 1 ton has requested drastic cuts in mili- about. minute and to revise and extend his re- tary spending and yet continues to I would suggest that Bill Mote met marks.) send our troops all over the world. the test that most of us would like to Mr. PITTS. Madam Speaker, Mrs. As Commander in Chief, President meet. He left life a little better on this Clinton has decided that she wants Clinton has deployed U.S. forces 34 planet for the work that he did. I think New York to be her new home. Of times, while cutting troop strength by that is his best and most wonderful leg- course, if New York decides this fall 40 percent. acy. that the feeling is not mutual, she may During the previous 40 years through- f decide to move somewhere else. out the Cold War and prior to the Clin- She certainly has no lack of friends ton administration, our military forces RECESS in other places. Just this weekend she were only deployed 10 times. The SPEAKER pro tempore. There was in Annapolis, Maryland, raising Madam Speaker, our military should being no further requests for morning money from the rich and famous. And not become the world’s policeman. I am proud that this Republican Con- hour debates, pursuant to clause 12, we are pretty sure she still has some gress realizes the importance of main- rule I, the House will stand in recess friends back home in Arkansas. But it seems that some of her very taining a strong national defense and until 10 a.m today. that our military serves the United Accordingly (at 9 o’clock and 25 min- best friends are from more exotic places. Last year she returned from the States first and the rest of the world utes a.m.), the House stood in recess second. until 10 a.m. country of Morocco with $52,000 in gifts from Moroccan leaders. f f One of the presents she received was ‘‘PORKER OF THE WEEK’’ AWARD AFTER RECESS a $20,000 purse. That is one heck of a (Mr. HEFLEY asked and was given purse. It has gold overlay, 64 diamonds, The recess having expired, the House permission to address the House for 1 and 11 garnets. was called to order by the Speaker pro minute.) I suppose, to be fair, we should point tempore (Mrs. EMERSON) at 10 a.m. Mr. HEFLEY. Madam Speaker, it ap- out that her husband was held in such pears that this time the Federal Gov- f high regard by the Nicaraguans that he ernment is the one that is due a sub- came home with a $650 humidor for his PRAYER stantial refund. Auditors within the cigars to be put in. Federal Emergency Management Agen- The Chaplain, the Reverend Daniel P. With friends like these, who needs cy have found $442 million in emer- Coughlin, offered the following prayer: the Senate? gency funds that should be returned by O Shepherd and Guardian of our But it must be lonely at the top. States that did not need or abused souls, we have returned to You. f these emergency dollars. At times we do not realize how we As my colleagues know, FEMA is have distanced ourselves from You. Not TAX CODE MUST GO often called upon to provide emergency always attentive to Your voice, we (Mr. TRAFICANT asked and was aid to States in cases of natural dis- tend to wander on our own. given permission to address the House aster. However, the agency is starting Then, by Your grace, You bring us for 1 minute and to revise and extend to be viewed as a Federal insurance back. his remarks.) company which hands out free money When a sense of alienation shadows Mr. TRAFICANT. Madam Speaker, to repair and to renovate. our soul, we find our differences dif- the Tax Code must go. In one case, the New Orleans sheriff’s ficult to bear and move away from each Our labor, our savings, our invest- office has kept $56,000 it received for other. ments all taxed. Our boat, our goat, flood clean-up work that was per- Help us to overcome our hesitancy to our vote all taxed. Our sweat, our formed free by prisoners. accept diversity. thrift, our future all taxed. California is holding on to $1.4 mil- Bringing us to a deeper level of Beam me up. lion it received to fight a wildfire that awareness by Your Spirit, make us one Tax this. was recovered from a negligent party. Nation. It is time to replace the socialist In- And Georgia used $15 million in emer- gency payments to not only repair Give us listening hearts, willing to come Tax Code in America with a sim- flood damage but to also upgrade a fa- give each other time and attention and ple flat 15 percent sales tax. ready to respond to Your Spirit living cility. No more forms, no more lawyers, no FEMA funds are taxpayer funds. in one another now and forever. more accountants, no more IRS and, Amen. They are not part of a slush fund for once again, Congress will restore lib- States to tap into for whatever they f erty, true liberty, in America. want. The guilty State governments I yield back with the slogan ‘‘the Tax get my ‘‘Porker of the Week’’ Award. THE JOURNAL Code must go.’’ f The SPEAKER pro tempore. The f Chair has examined the Journal of the 106TH CONGRESS HAS AGENDA last day’s proceedings and announces U.S. SHOULD NOT BECOME FOR SUCCESS to the House her approval thereof. WORLD’S POLICEMAN (Mr. BALLENGER asked and was Pursuant to clause 1, rule I, the Jour- (Mr. GIBBONS asked and was given given permission to address the House nal stands approved. permission to address the House for 1 for 1 minute.)

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.005 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6783 Mr. BALLENGER. Madam Speaker, reau wants to keep prying with the The clinic is called Centro de Salud nothing we do here in Congress can be same or similar personal questions on Familiar La Fe, or, as we call it in El accomplished alone. Today I want to the form called the American Commu- Paso, ‘‘La Fe’’ Clinic. It was named as thank my colleagues on both sides of nity Survey to be sent to 250 homes the best clinic in the Nation by one of the aisle who have worked to make the each month. the largest Hispanic advocacy groups 106th Congress’ record one of accom- The lame defense of questions on the in the United States, the National plishment and not of partisan gridlock. long form was that these questions had Concilio de la Raza. This Congress has passed some of the been approved by Congress and that I am very proud of the work that La most solid education reform ever they had been asked before. Fe Clinic is doing in El Paso. It is truly brought before this body, measures Well, Congress never had a vote on a stellar facility that serves the needs that will give parents and teachers the specific questions and no Member of many local community residents. more flexibility to meet students’ saw those questions beforehand except I should add that many of these resi- unique needs. possibly a few on the Subcommittee on dents would have no other place to re- But that is not all. We have also the Census. ceive affordable health care if it were worked tirelessly to pay off our na- Also, if these nosy, personal ques- not for La Fe Clinic. This clinic has tional public debt, which is saddling tions were asked in the past, it was be- been at the center of this community children born this year with a $13,300 fore the Federal Government got as big for 34 years and continues to play an debt burden. and out of control as it is today and be- integral part in the health of El Paso’s Our debt relief measure also saves fore the age of the Internet. south side residents. the average household an estimated I guess with the computer-controlled La Fe Clinic is truly a remarkable $4,000 in interest payments over the society we have today, true privacy is organization. In 1999, this clinic served next 10 years. a thing of the past. But the Congress almost 18,000 clients. This facility pro- Think of what American families can should offer at least a little resistance vides low-cost prescription medication do with that $4,000 in additional in- and not allow the Census Bureau to to the elderly and to other patrons; come. keep butting its nose into areas that provides pediatric care; provides dental The 106th Congress has an agenda for should be none of our Federal Big care, even treating the dental needs of success, and I am proud to be part of it. Brother’s business. patients with AIDS; and assists in sign- f f ing up children for the CHIPS program in Texas. REPUBLICAN ACCOMPLISHMENTS 106TH CONGRESS HAS DONE NOTHING FOR AMERICANS I would like to recognize the chief ex- (Mr. BARTLETT of Maryland asked (Ms. JACKSON-LEE of Texas asked ecutive officer, Mr. Salvador Balcorta, and was given permission to address and the staff of the La Fe Clinic for the House for 1 minute and to revise and was given permission to address the House for 1 minute and to revise maintaining a vision and focus for the and extend his remarks.) clinic many times against what seemed Mr. BARTLETT of Maryland. Madam and extend her remarks.) Ms. JACKSON-LEE of Texas. Madam to be insurmountable odds. Speaker, since 1995, Republicans have Speaker, I wish I had good news, but worked to change the very essence of f this Republican Congress is about to government to make it an example of recess for our work session in the dis- common sense, not nonsense. trict and we have no real Medicare pre- ANNOUNCEMENT BY THE SPEAKER While it is impossible to change 40 scription drug benefit for our seniors. PRO TEMPORE years of big government overnight, we Medicare is down. HMOs are closing. The SPEAKER pro tempore. Pursu- are making significant progress. Over a million seniors will be kicked ant to clause 8 of rule XX, the Chair This year alone, House Republicans off of the HMO+Choice program announces that she will postpone fur- passed a Medicare lockbox bill, a se- through the Medicare. And we cannot ther proceedings today on motions to quel to last year’s successful Social Se- give them a Medicare drug prescription suspend the rules on which a recorded curity lockbox measure, which pro- benefit. We have no Patients’ Bill of vote or the yeas and nays are ordered, tected Social Security surpluses from Rights, which allows individuals not to or on which the vote is objected to being spent on anything but Social Se- suffer the drive-by refusal of service in under clause 6 of rule XX. curity or debt reduction. our hospitals. Any record votes on H.R. 4888 and We have also passed a prescription We have no housing for individuals H.R. 4923 will be taken after debate has drug measure that makes prescription who work but cannot afford the large concluded on those motions. drugs affordable and available to the 30 payments of high-priced condomin- Record votes on remaining motions percent of Medicare beneficiaries who iums, and the housing appropriations to suspend the rules will be taken later currently cannot afford the prescrip- was cut. today. tion drugs they need. We have no legislation to repair the We have also passed the IDEA Full crumbling schools throughout our Na- f Funding Act, legislation to help handi- tion because we could not pass a school capped children get the best education construction bill that would lend dol- b 1015 possible. lars to local communities to help them These measures bring much-needed build new schools for our children. VETERANS BENEFITS ACT OF 2000 fairness to the Federal Government, And, yes, as we start another school and Republicans will continue to work year, we did not have the courage to Mr. STUMP. Madam Speaker, I move to make legislation like this a priority pass real gun safety legislation that to suspend the rules and pass the bill for Congress. would close the loopholes that keep (H.R. 4850) to provide a cost-of-living f guns out of the hands of children. adjustment in rates of compensation paid to veterans with service-con- AMERICAN COMMUNITY SURVEY All I can say is a bunch of nos. What have we done? Nothing for Americans. nected disabilities, to enhance pro- (Mr. DUNCAN asked and was given f grams providing compensation and life permission to address the House for 1 insurance benefits for veterans, and for minute and to revise and extend his re- ‘‘LA FE’’ CLINIC, EL PASO, TEXAS other purposes. marks.) (Mr. REYES asked and was given per- The Clerk read as follows: Mr. DUNCAN. Madam Speaker, the mission to address the House for 1 H.R. 4850 Census Bureau is proving that it is an- minute.) Be it enacted by the Senate and House of Rep- other arrogant Federal agency with a Mr. REYES. Madam Speaker, this resentatives of the United States of America in power-mad, public-be-damned attitude. morning I would like to take a moment Congress assembled, Despite the huge public outcry to recognize a community health clinic SECTION 1. SHORT TITLE. against the personal, intrusive ques- in my district that has recently re- This Act may be cited as the ‘‘Veterans tions on the Census long form, the Bu- ceived national recognition. Benefits Act of 2000’’.

VerDate 25-JUL-2000 04:43 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.007 pfrm02 PsN: H25PT1 H6784 CONGRESSIONAL RECORD — HOUSE July 25, 2000 TITLE I—ANNUAL COMPENSATION ‘‘(A) active duty; The SPEAKER pro tempore. Is there INCREASE ‘‘(B) any period of active duty for training objection to the request of the gen- SEC. 101. INCREASE IN RATES OF DISABILITY during which the individual concerned was tleman from Arizona? COMPENSATION AND DEPENDENCY disabled or died from a disease or injury in- There was no objection. AND INDEMNITY COMPENSATION. curred or aggravated in line of duty; and Mr. STUMP. Madam Speaker, I yield (a) RATE ADJUSTMENT.—The Secretary of ‘‘(C) any period of inactive duty training Veterans Affairs shall, effective on December during which the individual concerned was myself such time as I may consume. 1, 2000, increase the dollar amounts in effect disabled or died— H.R. 4850 is the Veterans Benefits Act for the payment of disability compensation ‘‘(i) from an injury incurred or aggravated of 2000. The bill includes a cost-of-liv- and dependency and indemnity compensa- in line of duty; or ing adjustment for VA disability com- tion by the Secretary, as specified in sub- ‘‘(ii) from an acute myocardial infarction, pensation and survivors benefits. It section (b). a cardiac arrest, or a cerebrovascular acci- also includes a number of changes in (b) AMOUNTS TO BE INCREASED.—The dollar dent occurring during such training.’’. program eligibility and benefit im- amounts to be increased pursuant to sub- (b) TRAVEL TOORFROM TRAINING DUTY.— section (a) are the following: Section 106(d) of such title is amended— provements. (1) COMPENSATION.—Each of the dollar (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; I urge my colleagues to support pas- amounts in effect under section 1114 of title (2) by redesignating paragraphs (1) and (2) sage of H.R. 4850. 38, United States Code. as subparagraphs (A) and (B), respectively; Madam Speaker, I reserve the bal- (2) ADDITIONAL COMPENSATION FOR DEPEND- (3) by inserting ‘‘or covered disease’’ after ance of my time. ENTS.—Each of the dollar amounts in effect ‘‘injury’’ each place it appears; Mr. EVANS. Madam Speaker, I yield under sections 1115(1) of such title. (4) by designating the second sentence as myself such time as I may consume. (3) CLOTHING ALLOWANCE.—The dollar paragraph (2); Madam Speaker, I want to thank the amount in effect under section 1162 of such (5) by designating the third sentence as chairman of the committee, the gen- title. paragraph (3); and tleman from Arizona (Mr. STUMP), for (4) NEW DIC RATES.—The dollar amounts in (6) by adding at the end the following new effect under paragraphs (1) and (2) of section paragraph: bringing this legislation to the floor 1311(a) of such title. ‘‘(4) For purposes of this subsection, the today. I believe all Members of this (5) OLD DIC RATES.—Each of the dollar term ‘covered disease’ means any of the fol- body can fully support the Veterans amounts in effect under section 1311(a)(3) of lowing: Benefits Act of 2000, H.R. 4850. Among such title. ‘‘(A) Acute myocardial infarction. other provisions, this act provides a (6) ADDITIONAL DIC FOR SURVIVING SPOUSES ‘‘(B) A cardiac arrest. cost-of-living adjustment to service- WITH MINOR CHILDREN.—The dollar amount in ‘‘(C) A cerebrovascular accident.’’. connected disabled veterans and DIC effect under section 1311(b) of such title. SEC. 202. COMPENSATION TO BE PAID AT SO- beneficiaries. As a result, these impor- (7) ADDITIONAL DIC FOR DISABILITY.—The CALLED ‘‘K’’ RATE FOR SERVICE- dollar amounts in effect under sections CONNECTED LOSS OF ONE OR BOTH tant benefits will be increased to keep 1311(c) and 1311(d) of such title. BREASTS DUE TO RADICAL MASTEC- pace with the cost of living. (8) DIC FOR DEPENDENT CHILDREN.—The dol- TOMY. The bill also recognizes the sacrifices lar amounts in effect under sections 1313(a) Section 1114(k) of title 38, United States made by two special groups of vet- and 1314 of such title. Code, is amended by inserting ‘‘or one or erans, those who serve in the Guard both breasts due to a radical mastectomy or (c) DETERMINATION OF INCREASE.—(1) The and Reserve and suffer a heart attack increase under subsection (a) shall be made modified radical mastectomy,’’ after ‘‘loss or in the dollar amounts specified in subsection loss of use of one or more creative organs,’’. or stroke while on inactive duty for (b) as in effect on November 30, 2000. Each TITLE III—VETERANS LIFE INSURANCE training. These conditions will now be recognized as service connected. such amount shall be increased by the same SEC. 301. ELIGIBILITY OF CERTAIN MEMBERS OF percentage as the percentage by which ben- THE INDIVIDUAL READY RESERVE Madam Speaker, I also particularly efit amounts payable under title II of the So- FOR SERVICEMEMBERS’ GROUP want to commend and thank the gen- cial Security Act (42 U.S.C. 401 et seq.) are LIFE INSURANCE. tleman from Michigan (Mr. STUPAK) for increased effective December 1, 2000, as a re- (a) ELIGIBILITY.—Section 1965(5) of title 38, his effective leadership on this impor- sult of a determination under section 215(i) United States Code, is amended— tant provision. of such Act (42 U.S.C. 415(i)). (1) by striking ‘‘and’’ at the end of subpara- I am pleased that this bill incor- (2) In the computation of increased dollar graph (B); amounts pursuant to paragraph (1), any (2) by redesignating subparagraph (C) as porates the provisions of H.R. 3998 amount which as so computed is not a whole subparagraph (D); and which I introduced to provide special dollar amount shall be rounded down to the (3) by inserting after subparagraph (B) the monthly compensation to veterans who next lower whole dollar amount. following new subparagraph (C): are service connected for a radical (d) SPECIAL RULE.—The Secretary may ad- ‘‘(C) a person who volunteers for assign- mastectomy. just administratively, consistent with the ment to a mobilization category in the Indi- This is a good bill. I urge my col- increases made under subsection (a), the vidual Ready Reserve, as defined in section leagues to vote in favor of it. rates of disability compensation payable to 12304(i)(1) of title 10; and’’. Madam Speaker, I reserve the bal- persons within the purview of section 10 of (b) CONFORMING AMENDMENTS.—Sections Public Law 85–857 (72 Stat. 1263) who are not 1967(a), 1968(a), and 1969(a)(2)(A) of such title ance of my time. in receipt of compensation payable pursuant are amended by striking ‘‘section 1965(5)(B) Mr. STUMP. Madam Speaker, I yield to chapter 11 of title 38, United States Code. of this title’’ each place it appears and in- such time as he may consume to the SEC. 102. PUBLICATION OF ADJUSTED RATES. serting ‘‘subparagraphs (B) or (C) of section gentleman from New York (Mr. QUINN), At the same time as the matters specified 1965(5) of this title’’. the chairman of the Subcommittee on in section 215(i)(2)(D) of the Social Security (c) EFFECTIVE DATE.—The amendments Benefits. Act (42 U.S.C. 415(i)(2)(D)) are required to be made by this section take effect on October Mr. QUINN. Madam Speaker, I want published by reason of a determination made 1, 2000. to note the opportunity for us to talk under section 215(i) of such Act during fiscal The SPEAKER pro tempore (Mrs. year 2000, the Secretary of Veterans Affairs with the gentleman from California shall publish in the Federal Register the EMERSON). Pursuant to the rule, the (Mr. FILNER) this morning and others. amounts specified in subsection (b) of sec- gentleman from Arizona (Mr. STUMP) We are proud to be here today to con- tion 101, as increased pursuant to that sec- and the gentleman from Illinois (Mr. sider H.R. 4850, the Veterans Benefits tion. EVANS) each will control 20 minutes. Act of 2000. H.R. 4850 combines four TITLE II—BENEFITS IMPROVEMENTS The Chair recognizes the gentleman bills that were referred to the Sub- SEC. 201. STROKES AND HEART ATTACKS IN- from Arizona (Mr. STUMP). committee on Benefits, H.R. 3816, H.R. CURRED OR AGGRAVATED BY MEM- (Mr. STUMP asked and was given 3998, H.R. 4131, and H.R. 4376. BERS OF RESERVE COMPONENTS IN permission to revise and extend his re- Briefly, Madam Speaker, the Vet- THE PERFORMANCE OF DUTY WHILE PERFORMING INACTIVE DUTY marks.) erans Benefits Act provides a COLA, TRAINING TO BE CONSIDERED TO GENERAL LEAVE cost-of-living adjustment, effective De- BE SERVICE-CONNECTED. Mr. STUMP. Madam Speaker, I ask cember 1, 2000, for service-connected (a) SCOPE OF TERM ‘‘ACTIVE MILITARY, unanimous consent that all Members and survivor benefits. It also provides NAVAL, OR AIR SERVICE’’.—Section 101(24) of title 38, United States Code, is amended to may have 5 legislative days within that a stroke or a heart attack suffered read as follows: which to revise and extend their re- by a Reservist during inactive duty ‘‘(24) The term ‘‘active military, naval, or marks and include extraneous material training shall be considered service air service’’ includes— therein on H.R. 4850. connected for purposes of VA benefits.

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.001 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6785 It adds the service-connected loss of portant because if we expect these Clearly, the various aspects of this one or both breasts due to a radical service members to put their lives on bill serve the needs of today’s veterans, mastectomy to the list of disabilities the line for our Nation, we must assure and they raise the level and quality of entitled to an additional special that their survivors will be com- benefits for them and for their fami- monthly compensation. And, finally, pensated if they are asked to pay the lies. It is long overdue. extends service members’ group life in- ultimate price for their service. With this legislation, we improve and surance eligibility to members of the I ask for a unanimous vote on this fulfill our obligation to better serve Individual Ready Reserve. very important measure. our male and female veterans, Reserv- I would like to thank the ranking Mr. EVANS. Madam Speaker, I yield ists, Guardsmen and their families, member and my partner on the sub- 3 minutes to the gentleman from Texas who have sacrificed for the American committee, the gentleman from Cali- (Mr. REYES), a member of the com- ideal and interests around the world. fornia (Mr. FILNER), for his help in mittee. I, therefore, strongly support this bringing this bill to the floor today. I Mr. REYES. Madam Speaker, today I legislation and urge Members of the would also like to thank the gentleman rise in support of H.R. 4850, the Vet- House to unanimously pass this bill. from Michigan (Mr. STUPAK), who is erans Benefits Act. I want to thank the Mr. EVANS. Madam Speaker, I yield not a member of the committee but chairman and ranking member of our 3 minutes to the gentleman from had the foresight to bring to our atten- committee as well as the gentleman Michigan (Mr. STUPAK). tion and worked with us on the provi- from Michigan (Mr. STUPAK) for his Mr. STUPAK. Madam Speaker, I sion affecting Reservists who suffer a leadership on this bill. This bill pro- thank the gentleman for yielding me heart attack or stroke while per- vides serious improvement in services the time. forming weekend drills. and benefits to our veterans. With H.R. Madam Speaker, first I would like to The benefits improvements in this 4850, we are providing important cost- commend the gentleman from Arizona bill will have an effect on a large num- of-living adjustments for compensation (Mr. STUMP), the chairman of the com- ber of veterans across the country. I paid to veterans with service-con- mittee, and the gentleman from Illi- urge my colleagues to support it. nected disabilities as well as their de- nois (Mr. EVANS), the ranking member, Mr. EVANS. Madam Speaker, I yield pendents, along with enhancing other the gentleman from New York, (Mr. 3 minutes to the gentleman from Cali- benefit programs providing compensa- QUINN) and the gentleman from Cali- fornia (Mr. FILNER). tion and life insurance benefits. fornia (Mr. FILNER) for their hard work Mr. FILNER. Madam Speaker, I b 1030 in helping me bring forth part of this thank the gentleman for yielding time. Moreover, with the increasing num- legislation. I thank the gentleman from Arizona ber of Guard and Reserve members of It was really their work and the work (Mr. STUMP), the gentleman from Illi- our Armed Services that are being of their staff that put together H.R. nois (Mr. EVANS), and the gentleman called upon to defend our Nation, the 4850, which incorporates several very from New York (Mr. QUINN), the chair- diseases and the symptoms that they worthy bills to help our veterans and man of our Subcommittee on Benefits, suffer should be considered service con- their families, including my bill, H.R. for crafting H.R. 4850. I think everyone nected just as if they were on active 3816. in this body can support this very im- duty status. My bill closes an exceptionally prob- portant measure. Under current law, if a Guard mem- lematic loophole brought to my atten- This measure is important to the fi- ber or a Reservist on inactive duty tion by the Pearce family of Traverse nancial well-being of our disabled vet- training suffers a heart attack or City, Michigan. Master Sergeant Ron erans and their survivors. It ensures a stroke, the disability is characterized Pearce was a full-time employee of the cost-of-living increase so that VA bene- as due to a disease and is not consid- Michigan National Guard who suffered fits will not erode due to increases in ered service connected. a heart attack while performing re- the cost of living. It also recognizes the This bill simply corrects this situa- quired physical fitness tests, a part of important contributions made to our tion by allowing those on inactive duty the inactive duty training require- Nation’s security by members of the for training as to count this as service ments. National Guard and Reserve. In fact, connected for the purposes of Veterans Master Sergeant Pearce had a his- section 102 of the bill incorporates pro- benefits. tory of heart trouble and in the past visions that were introduced separately Furthermore, with the increasing had been exempted from the fitness by the gentleman from Michigan (Mr. number of female veterans, I am proud test on recommendation of his doctor. STUPAK), who will speak in a few min- that this bill amends Federal veterans’ He was ordered to take the test as a utes. He recognized that certain mem- benefits provisions to provide a month- condition of his continued employment bers of the Guard and Reserve who suf- ly rate of compensation for the service- with the Michigan National Guard. fer a heart attack or stroke while serv- connected loss of one or both breasts He passed away as a direct result of ing on inactive duty for training are due to the radical or modified radical this fitness test, leaving behind a wife unfairly denied service connection for mastectomy. This bill finally creates and family with no means of support. those conditions. So I thank the gen- parity for breast cancer along the same The VA first approved and then denied tleman from Michigan now for his lead- lines as other visible physical disabil- benefits to his family. My bill, now ership in getting this important provi- ities. part of the larger bill, would consider sion. Lastly, the bill expands the eligi- heart attacks and strokes suffered by Section 202 of the bill is taken from bility of veterans to participate in National Guard and Reserve personnel a bill, H.R. 3998, introduced by the gen- group life insurance programs. while on inactive duty for training to tleman from Illinois (Mr. EVANS), our Madam Speaker, when Reservists are be service connected for the purpose of ranking member. This will provide vet- called up for quick deployments, the VA benefits. erans who are service connected due to need for insurance to cover these men Madam Speaker, I strongly urge sup- a radical mastectomy with the addi- and women for loss of life during acts port of this legislation. I am happy tional compensation currently pro- of war is paramount. As it is, as reg- that the loophole will be closed and vided to veterans who are service con- ular insurance, their regular insurance, more families will not have to suffer as nected for loss or loss of use of other does not cover these types of situa- the Pearce family has. body parts. This bill was recommended tions. I strongly urge Members to vote yes to us in the 1998 report of VA’s Advi- This bill fulfills our obligation to on this bill. I once again would like to sory Committee on Women Veterans. make sure that our men and women in thank the distinguished gentleman Finally, section 301 of the bill will uniform of the Reserves who are put- from Arizona (Mr. STUMP), the chair- ensure that service members who vol- ting their lives on the line for their man of the Committee on Veterans Af- unteer for assignment to a mobiliza- country have the same opportunity to fairs; the distinguished gentleman from tion category in the Ready Reserves gain security for themselves and their Illinois (Mr. EVANS), the ranking mem- will have access to VA life insurance. families through our life insurance pro- ber, for their inclusion of my legisla- This is a simple thing but is very im- grams. tion in their bill.

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.011 pfrm02 PsN: H25PT1 H6786 CONGRESSIONAL RECORD — HOUSE July 25, 2000 Mr. EVANS. Madam Speaker, I have and I am honored to be an original cosponsor tary service. We must ensure our veterans re- no further requests for time, and I of this legislation. ceive proper and fair assistance in a timely yield back the balance of my time. Finally, I am pleased that the House will manner. If we do not keep faith with our vet- Mr. STUMP. Madam Speaker, I consider another resolution that I have co- eransÐwe will jeopardize the defense of the would like to thank the gentleman sponsored regarding the Persian Gulf War. country. from Illinois (Mr. EVANS), the ranking Next month marks the tenth anniversary of the Mr. STUMP. Madam Speaker, I have member, for all of his assistance, as initial activation of the National Guard and Re- no further requests for time, and I well as the gentleman from New York serve personnel for Operation Desert Shield yield back the balance of my time. (Mr. QUINN), chairman of the Sub- and Operation Desert Storm as a con- The SPEAKER pro tempore (Mrs. committee on Benefits, and the gen- sequence of the invasion of Kuwait by Iraq. EMERSON). The question is on the mo- tleman from California (Mr. FILNER). Over 267,000 members of the National Guard tion offered by the gentleman from Ar- Mr. BILIRAKIS. Mr. Speaker, I rise in strong and Reserve were ordered to active duty dur- izona (Mr. STUMP) that the House sus- support of several veterans' bills that the ing the Persian Gulf War, and 57 of them lost pend the rules and pass the bill, H.R. House is considering today. First, H.R. 4850, their lives in service to their nation. 4850. the Veterans' Benefits Act of 2000, will in- H. Res. 549 recognizes the historical signifi- The question was taken; and (two- crease, effective December 1, 2000, the rates cance of this anniversary and honors the serv- thirds having voted in favor thereof) of disability compensation for veterans with ice and sacrifice of these National Guard and the rules were suspended and the bill service-connected disabilities and the rates of Reserve personnel during Operation Desert was passed. dependency and indemnity compensation for Shield and Operation Desert Storm. The reso- A motion to reconsider was laid on survivors of certain disabled veterans. As in lution also recognizes the growing importance the table. previous years, these deserving men and of the National Guard and Reserve to the Se- f women will receive the same cost-of-living-ad- curity of the United States. justment (COLA) that Social Security recipi- Mr. Speaker, I urge my colleagues to sup- VETERANS CLAIMS ASSISTANCE ents are scheduled to receive, and as a co- port all three of these important veterans bills. ACT OF 2000 sponsor of H.R. 4850, I am pleased that we Mr. WATTS of Oklahoma. Madam Speaker, Mr. STUMP. Madam Speaker, I move are acting to provide disabled veterans and I rise in support of H.R. 4850, the Veterans to suspend the rules and pass the bill their survivors with an annual COLA. Benefits Acts of 2000 and H.R. 4864, the Vet- (H.R. 4864) to amend title 38, United H.R. 4850 includes several other important erans Claims Assistance Act of 2000Ðtwo States Code, to reaffirm and clarify the provisions. Under the measure, a stroke or bills that give overdue support and assistance duty of the Secretary of Veterans Af- heart attack suffered or aggravated by a re- to our Nation's veterans. There are more than fairs to assist claimants for benefits servist during inactive duty training will be con- 2.6 million veterans receiving disability com- under laws administered by the Sec- sidered service-connected. This will allow re- pensation as of May 2000, and the Depart- retary, and for other purposes, as servists to receive disability compensation for ment of Veterans Affairs expects expenditures amended. these conditions if they become disabled while for disability compensation to reach $15 billion The Clerk read as follows: on inactive duty training. H.R. 4850 would also for FY 2000. H.R. 4864 provide a special monthly compensation for H.R. 4850 directs the Veterans Secretary to Be it enacted by the Senate and House of Rep- the service-connected loss of one or both increase the rates of veterans disability com- resentatives of the United States of America in breasts due to a radical mastectomy, at the pensation, dependency and indemnity com- Congress assembled, same rate as that for a service-connected pensation, and additional compensation for SECTION 1. SHORT TITLE. ``loss or loss of use of one or more creative dependents, which is equal to the Social Se- This Act may be cited as the ‘‘Veterans Claims organs.'' Finally, H.R. 4850 will permit certain curity cost-of-living adjustment (COLA) that will Assistance Act of 2000’’. members of the Individual Ready Reserve to take place on December 1, 2000. Further- SEC. 2. CLARIFICATION OF DEFINITION OF participate in the Servicemembers Group Life more, this bill provides for a change in the law ‘‘CLAIMANT’’ FOR PURPOSES OF VET- ERANS LAWS. Insurance program. which states that a stroke or heart attack that (a) IN GENERAL.—Chapter 51 of title 38, The second veterans' bill we are consid- is incurred by a member of a reserve compo- United States Code, is amended by inserting be- ering today, the Veterans Claims Assistance nent in the performance of duty shall be con- fore section 5101 the following new section: Act of 2000, would eliminate the requirement sidered service-connected for the purpose of ‘‘§ 5100. Definition of ‘claimant’ that a claimant first submit a ``well-grounded benefits under law. Finally, H.R. 4850 provides ‘‘For purposes of this chapter, the term ‘claim- claim'' before receiving assistance from the compensation for the service-connected loss ant’ means any individual applying for, or sub- VA Secretary. A well-grounded claim for serv- of one or both breasts due to a radical mas- mitting a claim for, any benefit under the laws ice-connected disability benefits would be one tectomy and will be treated as other service- administered by the Secretary.’’. that included supporting medical opinion and connected loss of organs or limbs. (b) CLERICAL AMENDMENT.—The table of sec- evidence. In addition to H.R. 4850, I support H.R. tions at the beginning of such chapter is amend- H.R. 4864 would require the VA Secretary 4864 which authorizes the Secretary of Vet- ed by inserting before the item relating to sec- to make a reasonable effort to obtain relevant erans Affairs to assist a claimant in obtaining tion 5101 the following new item: records identified and authorized by the claim- evidence to establish entitlement to a benefit. ‘‘5100. Definition of ‘claimant’.’’. ant. The VA Secretary would also have to pro- The bill requires the Secretary to make rea- SEC. 3. ASSISTANCE TO CLAIMANTS. vide a medical examination if warranted. H.R. sonable efforts to obtain relevant records that (a) REAFFIRMATION AND CLARIFICATION OF 4864 would permit veterans who had claims the claimant identifies. Also, it eliminates the DUTY TO ASSIST.—Chapter 51 of title 38, United denied or dismissed by the Court of Appeals requirement that a claimant submit a ``well- States Code, is amended by striking sections 5102 for Veterans Claims to request a review of grounded'' claim before the Secretary can as- and 5103 and inserting the following: those claims within two years of enactment. sist in obtaining evidence to support a claim- ‘‘§ 5102. Applications: forms furnished upon Finally, H.R. 4864 would require other federal ant. This is a change as the result of a recent request; notice to claimants of incomplete applications agencies to furnish relevant records to the VA Court of Appeals case that stated the Vet- at no cost to the claimant. erans Administration (VA) could help a veteran ‘‘(a) FURNISHING FORMS.—Upon request made in person or in writing by any person claiming The VA has a long history of assisting vet- obtain records relevant to a claim only after or applying for a benefit under the laws admin- erans to obtain government and other records the veteran provided enough evidence to istered by the Secretary, the Secretary shall fur- which may substantiate their claim for bene- prove that the claim is ``well-grounded.'' This nish such person, free of all expense, all such fits. However, last year, the Court of Appeals decision led to confusion on the part of the VA printed instructions and forms as may be nec- for Veterans' Claims held that the VA had no as to the meaning and application of the ``well essary in establishing such claim. authority to develop claims that are not well- grounded'' claim requirement. H.R. 4864 clari- ‘‘(b) INCOMPLETE APPLICATIONS.—If a claim- grounded. Anyone who has ever had to deal fies the ``well grounded'' claim requirement ant’s application for a benefit under the laws with a bureaucracy knows how frustrating it and enables the VA to once again provide as administered by the Secretary is incomplete, the Secretary shall notify the claimant and the can be, and the Court's decision had a dev- much assistance as possible to veterans. claimant’s representative, if any, of the infor- astating impact on a veteran's ability to de- I fully support these two important bills. I mation necessary to complete the application. velop his or her claim. H.R. 4864 reaffirms the have always believed how our nation treats The Secretary shall notify each claimant of any government's obligation to assist our nation's the veterans has a direct impact upon our abil- additional information and medical and lay evi- veterans in developing their benefit claims, ity to attract patriotic young Americans to mili- dence necessary to substantiate the claim. As

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 6333 E:\CR\FM\K25JY7.013 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6787 part of such notice, the Secretary shall indicate ‘‘(1) specifying the evidence necessary under ing on the date of the enactment of this Act; which portion of such evidence, if any, is to be subsection (a) to establish a claimant’s eligi- and provided by the claimant and which portion of bility for a benefit under a law administered by (B) which was denied or dismissed by the Sec- such evidence, if any, the Secretary will attempt the Secretary; and retary of Veterans Affairs or a court because the to obtain on behalf of the claimant. ‘‘(2) determining under subsections (b) and (c) claim was not well grounded (as that term was ‘‘(c) TIME LIMITATION.—In the case of evi- what records are relevant to a claim. used in section 5107(a) of title 38, United States dence that the claimant is notified is to be pro- ‘‘(f) RULE WITH RESPECT TO DISALLOWED Code, as in effect during that period), vided by the claimant, if such evidence is not re- CLAIMS.—Nothing in this section shall be con- the Secretary of Veterans Affairs shall, upon ceived by the Secretary within one year from the strued to require the Secretary to reopen a claim the request of the claimant, or on the Sec- date of such notification, no benefits may be that has been disallowed except when new and retary’s own motion, order the claim readjudi- paid or furnished by reason of such application. material evidence is presented or secured, as de- cated under chapter 51 of such title, as amended ‘‘(d) INAPPLICABILITY TO CERTAIN BENEFITS.— scribed in section 5108 of this title. by this Act, as if such denial or dismissal had This section shall not apply to any application ‘‘(g) OTHER ASSISTANCE NOT PRECLUDED.— not been made. or claim for Government life insurance benefits. Nothing in this section shall be construed as (2) A claim may not be readjudicated under ‘‘§ 5103. Applications: Duty to assist claimants precluding the Secretary from providing such this subsection unless the request is filed or the ‘‘(a) DUTY TO ASSIST.—The Secretary shall other assistance to a claimant as the Secretary motion made not later than two years after the make reasonable efforts to assist in obtaining considers appropriate.’’. date of the enactment of this Act. evidence necessary to establish a claimant’s eli- (b) REENACTMENT OF RULE FOR CLAIMANT’S (3) In the absence of a timely request of a gibility for a benefit under a law administered LACKING A MAILING ADDRESS.—Chapter 51 of claimant, nothing in this Act shall be construed by the Secretary. However, the Secretary may such title is amended by adding at the end the as establishing a duty on the part of the Sec- decide a claim without providing assistance following new section: retary of Veterans Affairs to locate and readju- dicate claims described in this subsection. under this subsection when no reasonable possi- ‘‘§ 5126. Benefits not to be denied based on bility exists that such assistance will aid in the lack of mailing address The SPEAKER pro tempore. Pursu- establishment of eligibility for the benefit ‘‘Benefits under laws administered by the Sec- ant to the rule, the gentleman from Ar- sought. retary may not be denied a claimant on the izona (Mr. STUMP) and the gentleman ‘‘(b) ASSISTANCE IN OBTAINING RECORDS.—(1) basis that the claimant does not have a mailing from Illinois (Mr. EVANS) each will con- As part of the assistance provided under sub- address.’’. trol 20 minutes. section (a), the Secretary shall make reasonable (c) CLERICAL AMENDMENTS.—The table of sec- efforts to obtain relevant records that the claim- The Chair recognizes the gentleman tions at the beginning of chapter 51 of such title ant adequately identifies to the Secretary and from Arizona (Mr. STUMP). is amended— authorizes the Secretary to obtain. GENERAL LEAVE ‘‘(2) Whenever the Secretary, after making (1) by striking the items relating to sections Mr. STUMP. Madam Speaker, I ask 5102 and 5103 and inserting the following: such reasonable efforts, is unable to obtain all unanimous consent that all Members of the records sought, the Secretary shall inform ‘‘5102. Applications: forms furnished upon re- may have 5 legislative days within the claimant that the Secretary is unable to ob- quest; notice to claimants of in- which to revise and extend their re- tain such records. Such a notice shall— complete applications. ‘‘(A) specifically identify the records the Sec- ‘‘5103. Applications: duty to assist claimants.’’; marks, and include extraneous mate- retary is unable to obtain; rial on H.R. 4864, as amended. and The SPEAKER pro tempore. Is there ‘‘(B) briefly explain the efforts that the Sec- (2) by adding at the end the following new retary made to obtain those records; item: objection to the request of the gen- ‘‘(C) describe any further actions to be taken tleman from Arizona? by the Secretary with respect to the claim; and ‘‘5126. Benefits not to be denied based on lack There was no objection. ‘‘(D) request the claimant, if the claimant in- of mailing address.’’. Mr. STUMP. Madam Speaker, I yield tends to attempt to obtain such records inde- SEC. 4. BURDEN OF PROOF. myself such time as I may consume. pendently, to so notify the Secretary within a (a) REPEAL OF ‘‘WELL-GROUNDED CLAIM’’ (Mr. STUMP asked and was given time period to be specified in the notice. RULE.—Section 5107 of title 38, United States permission to revise and extend his re- ‘‘(c) OBTAINING RECORDS FOR COMPENSATION Code, is amended to read as follows: marks.) CLAIMS.—In the case of a claim by a veteran for ‘‘§ 5107. Burden of proof; benefit of the doubt disability compensation, the assistance provided Mr. STUMP. Madam Speaker, H.R. by the Secretary under subsection (a) shall in- ‘‘(a) BURDEN OF PROOF.—Except when other- 4864 is the Veterans Claims Assistance clude obtaining the following records if relevant wise provided by this title or by the Secretary in Act of 2000. The bill includes difficul- to the veteran’s claim: accordance with the provisions of this title, a ties veterans have experienced with the ‘‘(1) The claimant’s existing service medical claimant shall have the burden of proving enti- claims processing since the Veterans tlement to benefits. records and, if the claimant has furnished infor- Administration’s implementation of a mation sufficient to locate such records, other ‘‘(b) BENEFIT OF THE DOUBT.—The Secretary shall consider all evidence and material of decision in the case of Morton v. West. relevant service records. The bill requires the VA to assist ‘‘(2) Existing records of relevant medical treat- record in a case before the Department with re- ment or examination of the veteran at Depart- spect to benefits under laws administered by the veterans in obtaining records even ment health-care facilities or at the expense of Secretary and shall give the claimant the benefit though the veterans has not filed what the Department, if the claimant has furnished of the doubt when there is an approximate bal- has been called a well-grounded claim. information sufficient to locate such records. ance of positive and negative evidence regarding The Subcommittee on Benefits has ‘‘(3) Information as described in section 5106 any issue material to the determination of the worked closely with the veterans serv- of this title. matter.’’. ice organizations, with the VA, and ‘‘(d) MEDICAL EXAMINATIONS FOR COMPENSA- SEC. 5. PROHIBITION OF CHARGES FOR RECORDS with the Senate Committee on Vet- TION CLAIMS.—In the case of a claim by a vet- FURNISHED BY OTHER FEDERAL DE- erans Affairs on this bill. I urge my PARTMENTS AND AGENCIES. eran for disability compensation, the assistance colleagues to support passage of H.R. provided by the Secretary under subsection (a) Section 5106 of title 38, United States Code, is shall include providing a medical examination, amended by adding at the end the following 4864, as amended. or obtaining a medical opinion, when the evi- new sentence: ‘‘No charge may be imposed by Madam Speaker, I reserve the bal- dence of record before the Secretary— the head of any such department or agency for ance of my time. ‘‘(1) establishes that— providing such information.’’. Mr. EVANS. Madam Speaker, I yield ‘‘(A) the claimant has— SEC. 6. EFFECTIVE DATE. myself such time as I may consume. ‘‘(i) a current disability; Madam Speaker, last fall I intro- ‘‘(ii) current symptoms of a disease that may (a) IN GENERAL.—Except as specifically pro- vided otherwise, the provisions of section 5107 of duced H.R. 3193, the Duty to Assist Act. not be characterized by symptoms for extended This measure provided a statutory re- periods of time; or title 38, United States Code, as amended by sec- ‘‘(iii) persistent or recurrent symptoms of dis- tion 4 of this Act, apply to any claim— quirement for the Department of Vet- ability following discharge or release from active (1) filed on or after the date of the enactment erans Affairs to assist veterans filing a military, naval, or air service; and of this Act; or claim for benefits administered by the ‘‘(B) there was an event, injury, or disease (or (2) filed before the date of the enactment of VA. This legislation became necessary combination of events, injuries, or diseases) dur- this Act and not final as of the date of the en- as a result of the ruling of the U.S. ing the claimant’s active military, naval, or air actment of this Act. Court of Appeals for veterans benefits (b) RULE FOR CLAIMS THE DENIAL OF WHICH service capable of causing or aggravating the in Morton v. West. Nearly 200 Members BECAME FINAL AFTER THE COURT OF APPEALS claimant’s current disability or symptoms, but of the House have cosponsored this leg- ‘‘(2) is insufficient to establish service-connec- FOR VETERANS CLAIMS DECISION IN THE MORTON tion of the current disability or symptoms. CASE.—(1) In the case of any claim for islation. ‘‘(e) REGULATIONS.—The Secretary shall pre- benefits— Following a hearing on H.R. 3193 and scribe regulations to carry out this section. Such (A) the denial of which became final during subsequent meetings, including rep- regulations shall include provisions for— the period beginning on July 14, 1999, and end- resentatives of the VA and veterans

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.004 pfrm02 PsN: H25PT1 H6788 CONGRESSIONAL RECORD — HOUSE July 25, 2000 service organizations, H.R. 4864 was in- The bill clarifies the claimants’ and VA and the VSOs. And in that process, troduced. It incorporates the basic the VA’s duties with respect to obtain- within a year of that decision, we now principles of H.R. 3193. This measure ing evidence in support of claims for have a bill before us; and I thank the will eliminate the onerous well-ground- veterans benefits. The bill also requires majority Chairs for getting this ed claim requirement that reinstates that the Secretary make reasonable ef- through in this timely fashion. the VA’s traditional duty to assist fort to obtain relevant records that the This legislation clearly and un- claimants, as did H.R. 3193. claimant identifies and authorizes the equivocally removes the well-grounded This legislation is needed to correct Secretary to obtain, and it eliminates claim requirement which has proven to erroneous interpretations of the law. the requirement that a claimant sub- be a significant barrier facing veterans Judicial review was intended to con- mit a ‘‘well-grounded’’ claim before the seeking the fair and prompt adjudica- tinue VA’s strong continuing obliga- Secretary can assist in obtaining evi- tion of their claims. This bill includes tion to assist all veterans with the de- dence. many of the concepts contained in an velopment of their claims, but the The Subcommittee on Benefits had a earlier bill, H.R. 3193, which is spon- exact opposite has occurred. hearing on the issue this past March 23; sored and introduced by the gentleman I strongly believe in judicial review; and since that time, we have been from Illinois (Mr. EVANS), our ranking however, courts can and do make erro- working and meeting with members, member. It takes into consideration neous decisions. When those decisions not only the veterans service organiza- also recommendations from the De- affect the fundamental rights of vet- tions but also the VA and its officials partment of Veterans Affairs, as well erans, it is this Congress’ responsi- to develop the bill that addresses the as the veterans service organizations, bility to correct the problem. H.R. 4864 concerns of all interested parties with- who I know the gentleman from New will do this. out requiring the Veterans Benefits York (Mr. QUINN), and I commend very Under this measure, the Secretary of Administration to do unnecessary deeply for their advocacy to assure Veterans Affairs is required to obtain work. It is our intention that H.R. 4864, that veterans seeking benefits have all evidence in control of the VA and as amended, this morning will give di- their claims fairly and accurately adju- other departments and agencies nec- rection to both the VA and the claim- dicated. essary to establish eligibility for bene- ant himself or herself. H.R. 4864 is certainly one of the most fits before deciding the claim. Like- Madam Speaker, I would like to important veterans measures to be wise, veterans will be responsible for thank the gentleman from Arizona considered by this Congress. I urge a providing such evidence in their con- (Mr. STUMP), and the gentleman from unanimous vote by my colleagues. trol. Illinois (Mr. EVANS), the ranking mem- Mr. QUINN. Madam Speaker, will the Veterans seeking to establish their ber, for their leadership on this issue as gentleman yield? entitlement to benefits they have Mr. FILNER. I yield to the gen- earned as a result of their service to we crafted this bill. Both of these indi- tleman from New York. our country deserve to have their viduals have served together on the VA Mr. QUINN. Madam Speaker, I want claims decided fairly and fully, based committee now for some 19 years. to take this opportunity to thank the on all relevant and available evidence. Thanks also goes to the VSOs that en- gentleman from California (Mr. FIL- Passage of H.R. 4864 will help to assure gaged in oftentimes a spirited dialogue NER) to make certain our colleagues that their claims are properly consid- to ensure that this bill does right by understand that this is an effort by the ered and decided. veterans and all of their survivors. I want to thank the gentleman from Madam Speaker, I would also like to Veterans Subcommittee on Benefits to make the VA more user friendly, more Arizona (Mr. STUMP), chairman of the take this opportunity to thank the committee. He has done great work on gentleman from California (Mr. FIL- constituent friendly. When we have all of these bills today. I want to thank NER), the ranking member, and my said so many times on the sub- the gentleman from New York (Mr. partner on the Subcommittee on bene- committee, when there is an area that QUINN), the chairman of the Sub- fits, the gentleman from Texas (Mr. is not certain, the benefit of the doubt committee on Benefits; the gentleman REYES), who had input from beginning should always go to the veteran when from California (Mr. FILNER), the rank- to end on this matter. we are able to do that. ing Democrat on the Subcommittee, Madam Speaker, I urge our col- Madam Speaker, I want to publicly for their important work in this meas- leagues to support H.R. 4864, as amend- thank the gentleman for his effort in ure. ed, this morning. this regard. It has really made the We have moved it timely, Mr. Chair- Madam Speaker, I inform the Chair hearings, I think, more beneficial to man, because of your leadership; and I that we expect to ask for a recorded everybody. look forward to working with the gen- vote when the time is appropriate. Mr. FILNER. Madam Speaker, re- tleman on this issue. Madam Speaker, Mr. EVANS. Madam Speaker, I yield claiming my time, I thank the gen- I urge my colleagues to support the 3 minutes to the gentleman from Cali- tleman from New York (Mr. QUINN) for Veterans Claims Assistance Act of 2000, fornia (Mr. FILNER). his leadership. We have had those hear- H.R. 4864. Mr. FILNER. Madam Speaker, H.R. ings; they have not only been edu- Madam Speaker, I reserve the bal- 4864 will eliminate a significant obsta- cational but fruitful. Ideas are put on ance of my time. cle that has been imposed upon vet- the table; people have commented on Mr. STUMP. Madam Speaker, I yield erans who file a claim for benefits ad- them. We have taken those ideas and such time as he may consume to the ministered by the Secretary of the De- incorporated them in the process. And gentleman from New York (Mr. QUINN), partment of Veterans Affairs. the gentleman’s responsiveness to chairman of the Subcommittee on Ben- Claimants for these benefits are now those concerns has been a model to the efits. facing obstacles which are created by way I think we ought to be conducting Mr. QUINN. Madam Speaker, the the decision of the U.S. Court of Ap- ourselves in this Congress. members of the Subcommittee on Ben- peals for veterans claims in the so- Mr. STUMP. Madam Speaker, I yield efits have worked for the past 6 months called Morton v. West decision last 3 minutes to the gentleman from New or so to craft this legislation that we July. That decision meant that bene- Jersey (Mr. SMITH), the vice chairman are considering this morning, which I fits claims that were filed by disabled of our committee. am pleased to say has the bipartisan veterans have been rejected prior to Mr. SMITH of New Jersey. Madam support of over 100 of our colleagues their proper development and consider- Speaker, I want to thank the gen- here in the House. ation. This is simply unacceptable. tleman from Arizona (Mr. STUMP), my Madam Speaker, H.R. 4864, as amend- Madam Speaker, lead by the gen- good friend, for yielding the time to ed, is in direct response to a 1999 deci- tleman from New York (Mr. QUINN), me. sion by the Court of Appeals for vet- our chairman of the Subcommittee on Madam Speaker, the House has be- erans claims, the Morton v. West deci- Benefits, we as a committee, along fore it today a piece of legislation that sion, which puts limitations on the with the gentleman from Texas (Mr. will go a long way towards helping vet- VA’s duty to assist veterans with the REYES) as a member, undertook hear- erans and their families file claims for development of their claims. ings, undertook discussions with the VA benefits. I think the gentleman

VerDate 25-JUL-2000 04:43 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.016 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6789 from New York (Mr. QUINN) rightly Madam Speaker, I rise today in the chairman of our subcommittee; the summarized it. The idea behind this strong support of H.R. 4864, the Vet- gentleman from California (Mr. FIL- bill is to make the VA more veterans erans Claims Assistance Act. I also NER), the ranking member on the sub- user-friendly, so that the benefits that want to thank our chairman, the gen- committee; as well as the gentleman we owe to those who serve this country tleman from Arizona (Mr. STUMP); the from Michigan (Mr. STUPAK) for bring- can be accorded to them. ranking member, the gentleman from ing this forward. b 1045 Illinois (Mr. EVANS); the subcommittee Mrs. MORELLA. Madam Speaker, I rise in chair, the gentleman from New York support of the Veterans Claims Assistance Act very happy and I want to thank the (Mr. QUINN); and subcommittee rank- of 2000 which enables veterans to receive gentleman from Arizona (Mr. STUMP), ing member, the gentleman from New proper assistance from the Veterans' Adminis- the gentleman from New York (Mr. York (Mr. FILNER) for their leadership tration in obtaining evidence to establish enti- QUINN), my good friend the gentleman on this very important issue for our tlement to a benefit. from Illinois (Mr. EVANS) and the gen- veterans. Currently, the Veterans Administration sim- tleman from California (Mr. FILNER) This bill is important because it ply denies a veteran's claim for service-con- for their good work in crafting this leg- makes sure that assistance is given to nected compensation benefits as ``not well islation. our veterans when establishing a claim grounded'' if the veteran does not provide Madam Speaker, as things now stand, for benefits. The bill requires the VA to medical and military information which shows it is up to veterans to prove that they assist a veteran in obtaining evidence a current disability is related to medical serv- are entitled to receive a particular ben- to establish a claim by requiring the ice. While I agree that the VA should not work efit. This is how the Veterans Court of Veterans Administration to make rea- on claims that do not merit attention, veterans Appeals interpreted, last October, the sonable efforts to obtain relevant are caught in a Catch±22 when the VA re- requirement that a veteran’s claim be records and materials. quires the veteran to provide the required in- well grounded before the VA consider This is an important legislative cor- formation in 30 days and it routinely takes 6 it. Once determined to be well ground- rection as it eliminates the unfair re- months or longer to obtain records from the ed, the VA must help obtain evidence quirement that a veteran must first National Personnel Records Center (NPRC) or related to the claim’s actual merits. submit a well-grounded claim before other military information repositories. Even The preliminary process approving the VA will assist him. after receiving those records, the VA must eligibility for a claim can be an oner- We have an obligation to make sure make a new determination of the case's status ous one for veterans, as well as for that our veterans are given a hand in as well-grounded. their families. Take, for example, the receiving the benefits that they have claims for service-connected disabil- worked for, that they have in some My hard working district office handles on ities. Veterans must, one, present evi- cases bled for, and have certainly average 3,600 constituents a year; many of dence that they sustained a disease or earned in the defense of our country. these cases involve veterans who request my injury during military service. We all We should never require our veterans assistance in facilitating their retrieval of med- know from our case work how often the to first overcome bureaucratic obsta- ical documents and their receipt of deserved St. Louis fire comes up. Two, a diag- cles before they are given the help that disability compensation. The ``well grounded'' nosis of a current disability; and three, they earned and that they deserve. provision has severely hindered the American a medical opinion stating that the in- The Department of Veterans Affairs veterans' legal right to assistance from the service injury or disease caused the was established to assist our veterans, government in gathering necessary medical current disability. and this legislation reinforces their ob- evidence. The reality is that many veterans are ligation to serve our veterans and to The Veterans Claims Assistance Act would unable to secure the medical records help them receive any benefits to help our nation's veterans by strengthening and other documents that they need which they are entitled. I am therefore the VA's duty to assist by eliminating the re- because of poor health, difficult eco- extremely pleased with this bill’s re- quirement that a claimant submit a ``well- nomic circumstances or an unfamil- quirement that the VA assist our vet- grounded'' claim. America is eternally grateful iarity with how to navigate a very erans in obtaining medical and treat- for the selfless service of our veterans. They complex Federal bureaucracy system, ment records and information from must be reassured that their country stands and thus have their legitimate claims other Federal agencies and to provide a steadfast in support. dismissed outright as not well ground- medical examination to establish Mr. FOLEY. Madam Speaker, on July 21, ed. Or, they just get deterred in the whether or not they have a service-con- 2000, the Senate Veterans' Affairs Committee process. nected claim. found that Florida has the largest backlog of We all know again through our case This is good, pro-veterans legislation, veterans' benefits claims in the country. In work how often a veteran will come to and I therefore ask the entire House to fact, Florida has over 20,000 such claims one of our offices or a town meeting or join in full support. pending, more than any other state. Florida one-to-one meeting and say, ‘‘I am just This morning, Madam Speaker, I also veterans wait an average 213 days to have exhausted, will you please help me?’’ urge the House to fully support elimi- their claims processed whereas the VA target Under H.R. 4864, the VA would have nating the offset of military retired is 74 days. to help the veterans obtain service pay against veterans compensation, While this might have been news to the records and a medical examination if which is included in the Senate defense committee, it wasn't news to me. Every time I the former serviceman or woman has authorization bill and which is con- visit my district in Florida, I hear from veterans symptoms of a current disability or tained in H.R. 303. Many of us have al- who have been waiting sometimes months to evidence of an injury or disease sus- ready made this request in a letter, and even get a call returned from the VA. tained during medical service. The Vet- today I ask the House to vote to elimi- We have a serious problem in this country erans Claims Assistance Act of 2000 nate this very unfair and costly pen- when our Nation's veterans, who have sac- would also require other Federal agen- alty to our veterans. cies to furnish service records to the I again want to thank the ranking rificed so much for this country, must wait VA at no cost to the claimant. members and the chairmen of our com- months to even get a telephone call returned. Today’s bill reassures veterans and mittee for their leadership. The Veterans' Claims Assistance Act would their families that the country they Mr. EVANS. Madam Speaker, I have take a step toward alleviating this problem by served in uniform is on their side when no further requests for time, and I directing the VA to assist claimants in obtain- it comes to getting assistance that yield back the balance of my time. ing the necessary documentation to establish they have more than earned. I urge Mr. STUMP. Madam Speaker, I yield their entitlement to benefits. This, in turn, support for this legislation. myself such time as I may consume. should speed the process and allow our vet- Mr. EVANS. Madam Speaker, I yield Madam Speaker, once again I would erans to receive the benefits that are rightfully 3 minutes to the gentleman from Texas like to express my appreciation to the theirs. (Mr. REYES). gentleman from Illinois (Mr. EVANS), Mr. STUMP. Madam Speaker, I have Mr. REYES. Madam Speaker, I thank the ranking member; as well as the no further requests for time, and I the gentleman for yielding me time. gentleman from New York (Mr. QUINN), yield back the balance of my time.

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.019 pfrm02 PsN: H25PT1 H6790 CONGRESSIONAL RECORD — HOUSE July 25, 2000 The SPEAKER pro tempore (Mrs. Madam Speaker, I reserve the bal- He provided leadership in that area. I EMERSON). The question is on the mo- ance of my time. recall particularly his call for an ade- tion offered by the gentleman from Ar- Mr. EVANS. Madam Speaker, I yield quate civil defense program for Amer- izona (Mr. STUMP) that the House sus- myself such time as I may consume. ica and the necessity of having an pend the rules and pass the bill, H.R. Madam Speaker, the measure now be- emergency preparedness scheme to pro- 4864, as amended. fore this House names the outpatient tect our Nation and her people. The question was taken. clinic in Rome, New York, after Donald But Don Mitchell’s finest hour per- Mr. STUMP. Madam Speaker, on J. Mitchell, a former Member of this haps occurred when the Department of that I demand the yeas and nays. House. This is a well-deserved tribute the Air Force floated an ill-conceived The yeas and nays were ordered. for a truly outstanding American. idea that perhaps the Rome Air Devel- The SPEAKER pro tempore. Pursu- A naval aviator during World War II opment Center at the Griffiss Air Force ant to clause 8 of rule XX and the and a veteran of the Korean War, Don Base in Rome, New York, one of the Chair’s prior announcement, further Mitchell served the House of Rep- Nation’s premier research and develop- proceedings on this motion will be resentatives from 1973 to 1983 as a Rep- ment facilities, dealing with command, postponed. resentative from the City of New York. control, communications and computer f Prior to being elected to Congress, he technology, and having a very sensitive DONALD J. MITCHELL DEPART- served his fellow citizens as a town role to play in intelligence technology, MENT OF VETERANS AFFAIRS councilman, a mayor, and as a member the Air Force thought that maybe OUTPATIENT CLINIC of the state assembly as well. Rome Air Development Center should This measure honoring former Con- be ‘‘disestablished,’’ to use their word, Mr. STUMP. Madam Speaker, I move gressman Mitchell is strongly sup- and the assets scattered at other in- to suspend the rules and pass the bill ported by the members of the New stallations around the country. (H.R. 1982) to name the Department of York Congressional delegation. It like- Don Mitchell would not hear of it, Veterans Affairs outpatient clinic lo- wise deserves the support of each Mem- and he led the fight, he was the quar- cated at 125 Brookley Drive, Rome, ber of this body. terback of the team, and one year after New York, as the ‘‘Donald J. Mitchell Madam Speaker, I reserve the bal- that announcement was made of the Department of Veterans Affairs Out- ance of my time. Air Force’s intention, Don Mitchell patient Clinic,’’ as amended. Mr. STUMP. Madam Speaker, I yield single-handedly convinced the officials The Clerk read as follows: such time as he may consume to the in the Pentagon and the Department of H.R. 1982 gentleman from New York (Mr. BOEH- the Air Force this should not occur, Be it enacted by the Senate and House of LERT). I want to thank the gentleman and it did not. And today, in the year Representatives of the United States of America for bringing this matter before us. 2000, that fine research and develop- in Congress assembled, (Mr. BOEHLERT asked and was given ment facility still stands, and it is a SECTION 1. NAME OF DEPARTMENT OF VET- ERANS AFFAIRS OUTPATIENT CLIN- permission to revise and extend his re- tribute to Don Mitchell. IC, ROME, NEW YORK. marks.) But in the intervening years, the The Department of Veterans Affairs out- Mr. BOEHLERT. Madam Speaker, BRAC commission closed the former patient clinic in Rome, New York, shall after today we are saluting a genuine Amer- Griffiss Air Force Base, but they set off the date of the enactment of this Act be ican hero, Don Mitchell. Let me tell in a controlment area that one mag- known and designated as the ‘‘Donald J. you a little bit about the man. nificent R&D facility, and it is still Mitchell Department of Veterans Affairs Don Mitchell served with great dis- serving our Nation well and proudly. Outpatient Clinic’’. Any reference to such tinction in the United States Navy outpatient clinic in any law, regulation, Don Mitchell has done so much for so map, document, record, or other paper of the from 1942 to 1946 as an aviator, then re- many over the years, but let me tell United States shall be considered to be a ref- turned home, only to return to the you a little bit about the facility. erence to the Donald J. Mitchell Department military in the Korean conflict, where When the Air Force was going to close of Veterans Affairs Outpatient Clinic. he served as a flight instructor. After the base and the hospital, a lot of peo- The SPEAKER pro tempore. Pursu- that service, he returned back home to ple said that should not happen, be- ant to the rule, the gentleman from Ar- his beloved Herkimer, New York. cause we still have a large veterans izona (Mr. STUMP) and the gentleman His talents were recognized. His tal- population, we still have a lot of mili- from Illinois (Mr. EVANS) each will con- ent for leadership, his vision, were rec- tary retirees and their dependents who trol 20 minutes. ognized by the people of Herkimer. need medical service, and we still had, The Chair recognizes the gentleman First they elected him a town council- at the Rome Air Development Center, a from Arizona (Mr. STUMP). man. Then they elected him mayor. research laboratory where there were (Mr. STUMP asked and was given But his talents were such and so obvi- military families and their dependents. permission to revise and extend his re- ous that he was obviously destined for Where were they to be served? I was marks.) higher office, and higher office came. able to convince the Department of Air GENERAL LEAVE He was elected to the New York State Force, working in conjunction with the Mr. STUMP. Madam Speaker, I ask Assembly, where he served with great Veterans’ Administration, to transfer unanimous consent that all Members distinction for 8 years, and, once again, that facility that was destined to be may have 5 legislative days within as they say, cream rises to the top, and closed to the Veterans’ Administra- which to revise and extend their re- before long, Don Mitchell was Majority tion, who are operating it today as a marks and include extraneous material Whip of the New York State Assembly, full-service Veterans’ Administration on H.R. 1982. a leadership position. outpatient clinic, serving an average of The SPEAKER pro tempore. Is there So here is a distinguished American 135 patients with quality medical care objection to the request of the gen- who had served in World War II, served that they desire, but, more impor- tleman from Arizona? in Korea, served as a town councilman, tantly, that they deserve, every single There was no objection. then a mayor, then in the State Assem- day. Mr. STUMP. Madam Speaker, I yield bly, and was beginning to think per- That is a little bit about the facility; myself such time as I may consume. haps he had done his share. that is a lot of bit about the man. Madam Speaker, H.R. 1982 names the But the people of Central New York So I want to commend the gentleman Department of Veterans Affairs med- would not have it, because they in- from Arizona (Chairman STUMP) for ical facility in Rome, New York, after sisted that his talents go far beyond recognizing the importance of honoring Donald J. Mitchell. Mr. Mitchell, a the community and the State, and he a very distinguished American, and I five-term Member of the House, is was elected to the United States Con- would like to thank all of my col- being honored because of his service as gress, where he served with great dis- leagues in the House, Republicans and a naval aviator in two wars. A citizen tinction for 10 years. During those 10 Democrats alike. Every single member soldier, Mr. Mitchell served his state years he served on the House Com- of the New York Congressional delega- and Nation, and we honor him with mittee on Armed Services, and defense tion has cosponsored my bill to honor this designation. was very much in his mind and heart. Mr. Mitchell.

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.022 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6791 So, collectively today, in the people’s Resolved by the House of Representatives (the STUMP), for yielding me this time. I ap- House, our House, we stand in the well Senate concurring), That Heroes Plaza in the preciate the fact that he expedited this and we salute a distinguished Amer- City of Pueblo, Colorado, is recognized, effec- resolution. Without his assistance, we ican. tive as of the September 2000 reunion of liv- would not have been able to move for- ing Medal of Honor recipients in that city, as Mr. EVANS. Madam Speaker, I have honoring the recipients of the Medal of ward. no further requests for time, and I Honor and honoring their commitment to Madam Speaker, I also wish to ac- yield back the balance of my time. the United States and to serving in the knowledge the gentleman from Illinois Mr. STUMP. Madam Speaker, I yield Armed Forces with courage, valor, and patri- (Mr. EVANS) and appreciate very much myself such time as I may consume. otism. his cooperation, and I would whole- Madam Speaker, I would like to The SPEAKER pro tempore Mrs. heartedly invite the gentleman from Il- thank the gentleman from Illinois (Mr. EMERSON). Pursuant to the rule, the linois (Mr. EVANS) to Pueblo, Colorado, EVANS) for his work on this, and I gentleman from Arizona Mr. STUMP) but only based on a commitment from would like to especially thank the gen- and the gentleman from Illinois Mr. him that he give me an extra day or tleman from New York (Mr. BOEHLERT) EVANS) each will control 20 minutes. two to take him up into the mountains for bringing this to our attention. The Chair recognizes the gentleman and do a little skiing or see a little of Having served with Mr. Mitchell from Arizona Mr. STUMP). that snow, show him the third district. Anyway, I appreciate the assistance many, many years ago on the Com- GENERAL LEAVE of both of these gentlemen. Clearly, the mittee on Armed Services, it is truly a Mr. STUMP. Madam Speaker, I ask resolution is very simple in its writing, pleasure to honor a great American unanimous consent that all Members but it is very deep in its thought. Pueb- hero in this fashion. may have 5 legislative days within lo, Colorado, has a population of 100,000 Madam Speaker, I have no further re- which to revise and extend their re- people; and of that population four of quests for time, and I yield back the marks and include extraneous material them have received the Medal of balance of my time. therein on H. Con. Res 351. Honor, probably the highest number of The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there Medal of Honor winners proportionate question is on the motion offered by objection to the request of the gen- to population of any city in the coun- the gentleman from Arizona (Mr. tleman from Arizona? try. STUMP) that the House suspend the There was no objection. The City of Pueblo takes deep pride rules and pass the bill, H.R. 1982, as Mr. STUMP. Madam Speaker, I yield in the military. Their schools incor- amended. myself such time as I may consume. porate, within their schools, what the The question was taken; and (two- Mr. STUMP asked and was given per- real definition of the word ‘‘hero’’ thirds having voted in favor thereof) mission to revise and extend his re- the rules were suspended and the bill, means. marks.) The Medal of Honor winners, when as amended, was passed. Mr. STUMP. Madam Speaker, H. Con. they come to Pueblo for these annual The title was amended so as to read: Res. 351, recognizes Heroes Plaza in the dinners, take extra time and go around A bill to name the Department of Vet- City of Pueblo, Colorado, as honoring to these schools. Many of these schools erans Affairs outpatient clinic in recipients of the Medal of Honor. The are poor schools. They go around and Rome, New York, as the ‘‘Donald J. city will host the annual convention of speak to these students, and I will say Mitchell Department of Veterans Af- the Medal of Honor Society later this it is really refreshing and relives or fairs Outpatient Clinic’’. year. I urge my colleagues to support brings back up a deep sense of patriot- A motion to reconsider was laid on passage of H. Con. Res. 351. ism, for those of us who feel that it is the table. Madam Speaker, I reserve the bal- very important. f ance of my time. So this year, the City of Pueblo is Mr. EVANS. Madam Speaker, I yield b 1100 recognizing Heroes Plaza and have ac- myself such time as I may consume. tually commissioned, and it is a very RECOGNIZING HEROES PLAZA IN Madam Speaker, I rise in strong sup- expensive undertaking, but they have CITY OF PUEBLO, COLORADO, AS port of H. Con. Res. 351. This resolution commissioned four statues rep- HONORING RECIPIENTS OF recognizes Heroes Plaza in the City of resenting each of the four Medal of MEDAL OF HONOR Pueblo, Colorado, as honoring the re- Honor winners of the City of Pueblo. Mr. STUMP. Madam Speaker, I move cipients of the Congressional Medal of Unfortunately, two of those four to suspend the rules and agree to the Honor. During September of this year, have passed away in the past year and concurrent resolution (H. Con. Res. 351) the City of Pueblo will be host to a re- will not be present, obviously, for the recognizing Heroes Plaza in the City of union of the living recipients of the occasion in September; but, nonethe- Pueblo, Colorado, as honoring recipi- Congressional Medal of Honor. In con- less, we expect a very large gathering, ents of the Medal of Honor. junction with this gathering, it is in- and we think that this resolution adds The Clerk read as follows: deed fitting and appropriate to recog- to the patriotism of that particular nize Heroes Plaza in Pueblo as hon- H. CON. RES. 351 gathering. So I do appreciate the expe- oring the recipients of the Congres- Whereas the Medal of Honor was estab- dited schedule, again thanks to the lished by Congress in 1862 and is the highest sional Medal of Honor. gentleman from Arizona (Mr. STUMP), military declaration bestowed by the Nation; I want to thank all Members who thanks to the gentleman from Illinois Whereas the criteria for receiving the have worked on this resolution. The (Mr. EVANS), and thanks to the Speak- Medal of Honor are extraordinarily strin- gentleman from Colorado (Mr. er pro tempore. gent, requiring that an individual, while a MCINNIS) is a leader in this effort, and Mr. STUMP. Madam Speaker, I yield member of the Armed Forces, have sometime I will have to get down to myself such time as I may consume. ‘‘distinguish[ed] himself conspicuously by Pueblo and see the program with the Madam Speaker, I would like at this gallantry and intrepidity at the risk of his gentleman from Colorado (Mr. time to thank once again the gen- life above and beyond the call of duty’’ while engaged in combat and that there have been MCINNIS); and I salute him again for his tleman from Illinois (Mr. EVANS) for all at least two eyewitnesses to the act; work on this issue. his cooperation in bringing these bills Whereas fewer than 155 of the approxi- Madam Speaker, I have no further re- to the floor today, and also thank the mately 3,500 Americans who have been quests for time, and I yield back the chairman of the Committee on Armed awarded the Medal of Honor are alive, in- balance of my time. Services, the gentleman from South cluding two who are natives of the City of Mr. STUMP. Madam Speaker, I yield Carolina (Mr. SPENCE), and the ranking Pueblo, Colorado; such time as he may consume to the member, the gentleman from Missouri Whereas the City of Pueblo, Colorado, will gentleman from Colorado (Mr. be the site for the September 2000 reunion of (Mr. SKELTON), for allowing us to expe- MCINNIS), the sponsor of this resolu- living recipients of the Medal of Honor; and dite this measure today. Whereas during that reunion, a Medal of tion. Madam Speaker, I yield back the bal- Honor memorial, to be known as ‘‘Heroes Mr. MCINNIS. Madam Speaker, first ance of my time. Plaza’’, will be dedicated: Now, therefore, be of all, I would like to thank the chair- The SPEAKER pro tempore. The it man, the gentleman from Arizona (Mr. question is on the motion offered by

VerDate 25-JUL-2000 05:04 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.025 pfrm02 PsN: H25PT1 H6792 CONGRESSIONAL RECORD — HOUSE July 25, 2000 the gentleman from Arizona (Mr. would fulfill the obligations of the serted the statute interfered with the STUMP) that the House suspend the United States under the International powers reserved to the States by the rules and agree to the concurrent reso- Covenant on Civil and Political Rights. 10th amendment, the Court upheld im- lution, H. Con. Res. 351. That covenant, which was ratified by plementation of that treaty by statute. The question was taken; and (two- the United States in 1992 and has been In a similar way, the courts have fol- thirds having voted in favor thereof) signed by 143 other countries, guaran- lowed similar reasoning in upholding of the rules were suspended and the con- tees certain civil and political rights to the Hostage-Taking Act, which was current resolution was agreed to. all individuals within the jurisdiction again implemented pursuant to a trea- A motion to reconsider was laid on of the various nations, including the ty; and so this is very appropriate that the table. right to be free from torture or cruel we enter into this legislation today. The situation, we might say, con- f and inhumane and degrading treatment or punishment, the right to be free templated by this legislation may REMOVAL OF NAME OF MEMBER from slavery, and the right to liberty occur very rarely, but enactment of the AS COSPONSOR OF H.R. 4654 and security of person. law is clearly worthwhile even if it has the potential to save only one innocent Mr. MCNULTY. Madam Speaker, I The covenant also guarantees the ask unanimous consent that my name right to freedom of expression, life. In recent years there have been 40 to 50 women at a time under state-im- be removed as a cosponsor of H.R. 4654. thought, conscience and religion; but posed death sentences. As of January 1, The SPEAKER pro tempore. Is there of significance to today’s legislation, there were 51 women on death row in objection to the request of the gen- article 6 of that covenant provides that the various States and 82 percent of tleman from New York? a sentence of death shall not be carried those women were age 45 or younger. There was no objection. out on a pregnant woman. The United States agreed to this pro- While it may seem unlikely that any f hibition and promised to respect and of these women would become preg- INNOCENT CHILD PROTECTION ACT ensure the rights recognized in the cov- nant, the fact is that incarcerated OF 2000 enant to all individuals subject to the women do become pregnant even in maximum security facilities. As our Mr. HUTCHINSON. Madam Speaker, jurisdiction of the United States. In addition, where not already pro- colleague, the gentlewoman from Cali- I move to suspend the rules and pass vided for by existing legislation or by fornia (Ms. WOOLSEY), pointed out dur- the bill (H.R. 4888) to protect innocent other measures, the United States ing a June 22 debate on a proposal to children. agreed to take necessary steps to adopt remove the ban on the funding of abor- The Clerk read as follows: such legislative or other measures as tions by the Bureau of Prisons, we H.R. 4888 may be necessary to give effect to the know that women become pregnant in Be it enacted by the Senate and House of rights recognized in that covenant; and prison from rape or from having a rela- Representatives of the United States of America so Congress, pursuant to that treaty, tionship with one of the guards. And in in Congress assembled, enacted legislation in 1994 that prohib- his book, Into This Universe: The SECTION 1. SHORT TITLE. ited Federal executions of pregnant Story of Human Birth, Dr. Alan This Act may be cited as the ‘‘Innocent Guttmacher, the father of Planned Par- Child Protection Act of 2000’’. women. That statute codified the common- enthood, recounted a story told to him SEC. 2. PROTECTION OF INNOCENT CHILDREN. law rule which had been recognized by by a judge about a woman who ob- It shall be unlawful for any authority, the United States Supreme Court in tained two stays of execution after she military or civil, of the United States, a became pregnant twice through the State, or any district, possession, common- Union Pacific Railway v. Botsford. In that case, the Supreme Court explained willing cooperation of her jailer. wealth or other territory under the author- It is not difficult to imagine this sce- ity of the United States to carry out a sen- the common law barred execution of a nario recurring, especially given the tence of death on a woman while she carries pregnant woman in order to guard fact that over 80 percent of the women a child in utero. In this section, the term against the taking of the life of an un- on death row are of child-bearing age. ‘‘child in utero’’ means a member of the spe- born child for the crime of the mother. cies homo sapiens, at any stage of develop- The majority of executions are car- This bill does not reflect any point of ment, who is carried in the womb. view on the desirability or the appro- ried out by the States; and, therefore, priateness of the death penalty. Nor The SPEAKER pro tempore. Pursu- it appears that some States have no does it have any relevance to other ant to the rule, the gentleman from Ar- statutory prohibition on executing pending legislation pertaining to DNA kansas (Mr. HUTCHINSON) and the gen- pregnant women; and for that reason it evidence or other issues related to the tleman from Michigan (Mr. CONYERS) is necessary to implement the treaty guilt or innocence of a person who has each will control 20 minutes. for us to move forward with this legis- been convicted of a crime. This bill The Chair recognizes the gentleman lation. It is important that the posi- simply recognizes and fulfills this Con- from Arkansas (Mr. HUTCHINSON). tion of the United States be clear and gress’ obligation under the Inter- GENERAL LEAVE unambiguous. national Covenant on Civil and Polit- Mr. HUTCHINSON. Madam Speaker, Now let me address the constitu- ical Rights, the treaty I referred to, to I ask unanimous consent that all Mem- tional authority for this legislation. It protect innocent unborn children from bers may have 5 legislative days within is well settled that Congress has the being executed with their mothers. which to revise and extend their re- authority to enact legislation imple- I urge my colleagues to support this marks and include extraneous material menting treaties under the necessary important legislation. therein on H.R. 4888, the bill under con- and proper clause of article I of the Madam Speaker, I reserve the bal- sideration. Constitution, even if that legislation ance of my time. The SPEAKER pro tempore. Is there interferes with matters that would oth- Mr. CONYERS. Madam Speaker, I objection to the request of the gen- erwise be left to the States. The Su- yield myself such time as I may con- tleman from Arkansas? preme Court addressed this issue in sume. There was no objection. Missouri v. Holland. In that case, the Madam Speaker, it has been said that Mr. HUTCHINSON. Madam Speaker, United States entered into a treaty legislative redundancy is a common sin I yield myself such time as I may con- with Great Britain in which both coun- on the House floor but this bill makes sume. tries agreed to take certain steps to that sin unusually self-indulgent. The Madam Speaker, H.R. 4888 is the In- protect migratory birds. After ratifica- execution of pregnant women is al- nocent Child Protection Act of 2000, tion of the treaty, Congress enacted a ready illegal under Federal law, and it which would make it unlawful for the Federal statute prohibiting the killing, is doubtful that this Supreme Court Federal Government or any State gov- capturing or selling of certain migra- would acknowledge our jurisdiction to ernment to execute a woman while she tory birds, except as permitted by reg- impose that dictum on State courts. is pregnant. This legislation was intro- ulation of the Department of Agri- Let me read from Title 18, section duced by the gentlewoman from Flor- culture. And so even though Missouri 3596, implementation of death sen- ida (Ms. Ros-Lehtinen) on July 19 and challenged this new statute and as- tence:

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.032 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6793 In general, a person who has been sen- derer may lose even the most funda- her that normally, there is some Fed- tenced to death pursuant to this chapter mental right, the right to live. eral jurisdictional requirement that is shall be committed to the custody of the At- But what if within the confines of cited in a bill of this kind that applies torney General until exhaustion of the pro- our judicial and penal system a con- to a State, and that there is none such cedures for appeal of the judgment of convic- tion and for review of the sentence. victed murderer would have the right in this bill. When the sentence is to be implemented, to kill again. What if, as a result of I am not quite sure if she was aware the Attorney General shall release the per- this legal right, a completely innocent that there was in the Federal Criminal son sentenced to death to the custody of a human being to whom no trespass Code a measure that precludes in the United States Marshal, who shall supervise could be attributed was brutally killed. Federal law at this moment a sentence implementation of the sentence in the man- These hypothetical examples could be from death being carried out upon a ner prescribed by law of the State in which realized because for the 38 States which woman while she is still pregnant. I the sentence is imposed. If the law of the impose the death penalty, there is no would ask the gentlewoman from Flor- State does not provide for implementation of current law which prohibits the execu- ida if she were aware of the existence the death sentence, the Court shall designate of such a provision in our Federal law. another State, the law of which does provide tion of a pregnant woman who carries for the implementation of a death sentence an innocent, unborn child. Ms. ROS-LEHTINEN. Madam Speak- and the sentence shall be implemented in the Madam Speaker, last week I intro- er, will the gentleman yield? manner prescribed by such law; B, pregnant duced the Innocent Child Protection Mr. CONYERS. I yield to the gentle- woman, a sentence of death shall not be car- Act, H.R. 4888, which would make it il- woman from Florida. ried out upon a woman while she is pregnant. legal for any authority, military or Ms. ROS-LEHTINEN. Madam Speak- So I suggest to the members of the civil, in any State to carry out a death er, what my bill simply says is that al- committee that this bill is likely to af- sentence on a woman who carries a though there are provisions applying fect no one, but it is rushed through in child in utero. No unborn child can pos- on the Federal death penalty, this lightning speed in an effort to satisfy sibly be guilty of committing a crime, would make it applicable at the State some particular cause for the moment. therefore, no unborn child should be level. Madam Speaker, 38 States do have By contrast, the hate crimes legisla- punished by death. H.R. 4888 will pro- the death penalty. So this would apply tion has been bottled up in the Com- tect unborn children by preventing in- to those States that do. mittee on the Judiciary by the gen- nocent human life from being sen- Mr. CONYERS. Madam Speaker, re- tleman from Illinois (Mr. HYDE) for tenced to death. claiming my time, if I might continue, over 3 years now. We know that there Even in a maximum security facility, is the gentlewoman familiar with the are nearly 8,000 hate crimes in America women do become pregnant. Otherwise, fact of the limited role of the Federal each year; but that legislation, by con- some in Congress would not have tried Government with respect to the State trast, has not seen the light of day. Our to require the Federal Bureau of Pris- function? The New York v. U.S. and the gun safety legislation continues to be ons to fund abortions. As of January U.S. v. Lopez cases limit the role of the blocked by the Congress; nearly 26,000 1991, 51 women were on State death row Federal Government with respect to innocent people dying on the wrong and 82 percent of them were of child- State function unless there is an ex- end of a barrel each year. This Con- bearing age, age 45 or younger. plicit jurisdictional requirement satis- gress has not even shown the fortitude But how many lives must pay for the crime committed by one of these fied. to stand up to the NRA on something Madam Speaker, I raise the question women? Today I ask my colleagues, re- as simple as closing the gun show loop- to the gentlewoman, or anybody on the gardless of whether they are pro-life or hole which makes guns available to floor, what is the jurisdictional author- pro-choice, to vote to pass H.R. 4888. criminals, but we can pass this legisla- ity in this bill? tion that in all likelihood will help no An innocent unborn child should not Ms. ROS-LEHTINEN. Madam Speak- one. have to forfeit his opportunity for a er, if the gentleman will continue to This is a leadership that cannot pass life for a crime that his mother has yield. a Patients’ Bill of Rights; that cannot committed. And as the gentleman from Mr. CONYERS. I am happy to yield. pass the minimum wage; that cannot Arkansas has also pointed out, Alan Ms. ROS-LEHTINEN. Madam Speak- pass prescription drug benefits for sen- Frank Guttmacher, commonly known er, as the gentleman from Arkansas iors; that cannot pass a marriage tax as the ‘‘father of Planned Parenthood,’’ (Mr. HUTCHINSON) had pointed out in that will help middle-class Americans; stated in his book, Into This Universe, his introductory statements, which I cannot really do much of anything to the Story of Human Birth, he makes then blotted out of mine because we help people. the case for a child to be born, and not did not want to be redundant, he had b 1115 aborted, by a prisoner. pointed out case after case where it Madam Speaker, if even the father of was based on a treaty and then it does So if we really wanted to protect in- Planned Parenthood is against a pris- give the congressional authority to act nocent life, we would pass the bipar- oner having an abortion, who can be in this way. tisan Innocence Protection Act already against legislation to protect innocent Madam Speaker, if I could ask the introduced, which would provide DNA life from death? gentleman from Arkansas to reread, to tests and competent counsel for death H.R. 4888 does not make a statement recite those particular cases having to row inmates. This legislation was in- on the appropriateness of capital pun- do with the treaty. If the gentleman troduced in the wake of widespread evi- ishment as a means to castigate per- from Michigan (Mr. CONYERS) would dence across the country that inno- sons convicted of premeditated murder yield to the gentleman from Arkansas, cents have been wrongly committed of or other serious crimes. H.R. 4888 does he would be glad to cite those again. capital crimes. But instead, we pass not impose on a woman’s right to Mr. CONYERS. Just a moment. legislation that in all probability will choose, for it does not prohibit them Madam Speaker, I will be happy to assist no one. from having an abortion. This bill yield to the gentleman from Arkansas, Madam Speaker, I reserve the bal- merely asks one simple question: but before I do, I just wanted to remind ance of my time. Should the government execute an un- him and the gentlewoman that the case Mr. HUTCHINSON. Madam Speaker, born child who has committed no that I cited, U.S. v. Lopez, requires and I yield such time as she may consume crime? says that the statute in a bill must cite to the gentlewoman from Florida (Ms. Madam Speaker, the only answer to the authority. The authority must be ROS-LEHTINEN), author of the legisla- this question is no. Therefore, I ask my cited. And in this bill, it is not cited. tion. colleagues to vote ‘‘yes’’ on H.R. 4888. That is the question that still remains. Ms. ROS-LEHTINEN. Madam Speak- Mr. CONYERS. Madam Speaker, I Mr. HUTCHINSON. Madam Speaker, er, I thank the gentleman from Arkan- yield myself such time as I may con- will the gentleman yield? sas for yielding me this time. In our sume. Mr. CONYERS. I yield to the gen- Nation a convicted murderer loses the Madam Speaker, I fully respect the tleman from Arkansas. right to vote, along with all basic civil gentlewoman from Florida who has in- Mr. HUTCHINSON. Madam Speaker, rights. In 38 States, a convicted mur- troduced this measure. I point out to the Lopez case is a Commerce clause

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.034 pfrm02 PsN: H25PT1 H6794 CONGRESSIONAL RECORD — HOUSE July 25, 2000 case in which the Court had indicated Madam Speaker, Mr. GORE’s position, ency in approach. Some individuals that there had to be a recognition of in my view, is breathtakingly insensi- favor the death penalty for virtually the interstate basis and a legislative tive, callous and punishes an innocent any and every case where they want to history for it. And in this case, this is baby, or babies if twins are involved, show that they can get tough on crime. not based upon the Commerce clause, with electrocution or lethal injection. I think that is unfortunate. Madam Speaker, as a Member of the but it is based upon the Constitution b 1130 itself. The necessary and proper clause Congress for the past 20 years, I am of the Constitution that gives the Fed- adamantly opposed to the death pen- I also have a tremendous amount of eral Government authority to pass leg- alty, and I was before I came to Con- respect for the Constitution of the United States. Today I think we are islation to implement treaties. gress. Yet I respect those who take the So this legislation is based upon that contrary view and acknowledge that dishonoring the Constitution. We have clause of the Constitution fulfilling our the argument of punishing heinous certain rights, and we have certain pre- obligation under the treaty that has crimes like premeditated murder with rogatives, and they extend to matters been signed with the United States and death, and the requisite due process within our jurisdiction. We can pass legislation dealing with 142 other nations, and I would thank rights afforded to the accused, makes interstate commerce, et cetera, but the gentleman for the question, and di- the argument in favor of the death pen- there are certain matters that we can- rect him to the Missouri v. Holland alty credible, but for me it is not con- not address unless there is a Federal case, which is really directly on point, vincing. Yet, I would be less than candid if I nexus explicitly declared. which recites the authority of the Fed- Now, in case after case, especially eral legislature to adopt legislation, did not say that I have no respect whatsoever for Mr. GORE, and those under this court, Justice Thomas, Jus- even for the States, when it is carried tice Scalia, Justice Rehnquist, et out to implement a treaty, in that case who take the position to permit the execution of children. Mr. GORE’s child cetera, have almost ridiculed the Con- the Migratory Bird Treaty. gress because they have passed legisla- Mr. CONYERS. Madam Speaker, death penalty is totally contrary, tion without even purporting to have a again reclaiming my time, I would Madam Speaker, to internationally recognized human rights principles. Federal nexus. close by merely reminding everyone What we are doing today is proving that these two cases, which both cite For example, the International Cov- enant on Civil and Political Rights them right, that we care little about a very clearly and unambiguously that Federal nexus, that if there is a TV they are not limited to the Commerce states clearly in article VI that the sentence of death shall not be carried show that can give us a temporary po- clause or any other particular part of litical advantage by the introduction the Constitution, require that the stat- out on pregnant women. I would remind my friends that this and passage of a bill, let us do it re- ute must cite the authority. The role was the international covenant that gardless of the Constitution. of the Federal Government with re- was touted again and again on the Chi- Well, I ask my friends to have more spect to State functions must be made nese debate on MFN and PNTR, be- respect for the Constitution. To have clear and explicit. The jurisdictional cause they had signed it, but not rati- an unbelievable intrusion into State requirement has to be satisfied. fied it, and people talked glowingly law, there is a Federal law dealing with I submit to my friends that this is about that very important human this issue for Federal crimes. Now my one of the few cases, few bills I have rights covenant. And yet it states in colleagues are talking about State sen- ever seen come to the floor that does article VI that the sentence of death tences, where the bill before us does not cite any authority, whatsoever. shall not be carried out on pregnant not even make one reference to a Fed- Now, it may be that in the haste of the women. eral nexus, where it was introduced a moment, this is a bill that has not been Why? I think it should be obvious. few days ago, where there has been no before the Committee on the Judiciary, Notwithstanding the gross distortion hearing, my colleagues do violence to so maybe my colleagues forgot. We are of caring and compassion and logic the constitutional process. They do vi- dealing with a bill that was introduced that has been forced on society and olence to the Constitution of the on July 19, 2000. That was a few days politicians by the abortion rights United States. ago. So that may be the problem. movement, it is self-evident that un- Mr. HUTCHINSON. Madam Speaker, Madam Speaker, I reserve the bal- born children are human and alive and may I inquire as to the time remaining ance of my time. worthy of respect. on our side? Mr. HUTCHINSON. Madam Speaker, The abortion efforts have a curious The SPEAKER pro tempore (Mrs. I yield 4 minutes to the gentleman and I would suggest an unreasonable EMERSON). The gentleman from Arkan- from New Jersey (Mr. SMITH). need, obsession is more to the point, to sas (Mr. HUTCHINSON) has 8 minutes re- Mr. SMITH of New Jersey. Madam deny the unborn child any recognition maining. The gentleman from Michi- Speaker, I thank the gentleman from or respect whatsoever. Can we at least gan (Mr. CONYERS) has 61⁄2 minutes re- Arkansas (Mr. HUTCHINSON), my good today, Madam Speaker, assert that maining. friend, for yielding me this time. protection for unborn children from Mr. HUTCHINSON. Madam Speaker, Madam Speaker, one might excuse the death penalty would be a prudent I yield myself 30 seconds. Vice President AL GORE for not know- action to take? Madam Speaker, I just wanted to ing that a 1994 Federal law prohibits Mr. CONYERS. Madam Speaker, I point out, again, the Federal basis for Federal executions of pregnant women, yield such time as he may consume to this, Missouri v. Holland. Justice but not State. Last week on NBC’s the distinguished gentleman from New Holmes, a very distinguished jurist, Meet the Press, Mr. GORE did not have York (Mr. LAFALCE). said that the legislation is valid be- a clue, and even laughed nervously in Mr. LAFALCE. Madam Speaker, I cause there was a treaty involved; and, response to the question. have great professional respect and under the Constitution, the Federal A day later, however, all indecisive- personal admiration for the gentleman Government has the right to impose ness was gone. Mr. GORE came down in from New Jersey (Mr. SMITH), as he legislation that would enforce the trea- earnest in favor of executing children, well knows. And he and I share a very ty nationwide. as long as the convicted mother chose similar disposition on the preciousness It does not violate the 10th amend- it. He said, and I quote, ‘‘The principle of human life. ment because ‘‘valid treaties are as of a woman’s right to choose governs in I do not believe that human life binding within the territorial limits in that case.’’ According to Mr. GORE, the should be taken, whether it is human the States as they are elsewhere baby is property, mere chattel of no in- life within the womb or whether it is throughout the dominion of the United herent worth, possessing no inherent human life after the womb, and so I op- States.’’ dignity. If the mother is to be punished pose the principle and practice of abor- Clearly, the court has said we have with death for the commission of a tion on demand. I also strongly oppose the authority to do this. crime, the Vice President believes she the death penalty. Madam Speaker, I yield 2 minutes to can take her unborn child to the gal- Unfortunately, I do not think that the gentleman from Pennsylvania (Mr. lows with her. there is, generally speaking, a consist- PITTS).

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.037 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6795 Mr. PITTS. Madam Speaker, today Mr. HUTCHINSON. Madam Speaker, We cannot even get the legislative ini- we will pass legislation to prevent in- just for the gentleman’s information, I tiative with a moratorium a hearing. nocent children from being executed do have two speakers that I will recog- In addition, in my own State, it is along with their guilty parents; or, as nize. well known that the procedures of the one of the interns in my office so aptly Mr. CONYERS. Madam Speaker, I am Board of Pardons and Parole is a proce- put it, this bill is to ensure that a con- delighted to yield 4 minutes to the dis- dure racked with inadequacy, lacking victed killer cannot decide to kill tinguished gentlewoman from Texas due process. I have a legislative initia- again, this time the innocent child in (Ms. JACKSON-LEE), a member of the tive to standardize the due process pro- her womb. Committee on the Judiciary. cedures for administrative boards Now, opponents of this legislation Ms. JACKSON-LEE of Texas. Madam throughout this Nation who make have said that it is unnecessary. After Speaker, I thank the distinguished those determinations on the death pen- all, when has a pregnant woman ever ranking member of the Committee on alty. been executed, they ask? I agree with the Judiciary for yielding me this Finally, I think we have the oppor- them that this bill should be com- time. tunity to look at putting forward a pletely unnecessary. Although a preg- There would be little reason to come Federal body that deals similarly to nant woman was once sentenced to to the floor of the House and quarrel what our Governor in Illinois has done, death, according to the father of with this legislation. My distinguished a national Federal innocence commis- Planned Parenthood, Alan colleague from Florida has raised an sion. Guttmacher, the authorities had the issue that I think should be part of a These are the global issues that I good sense to postpone her execution series of issues. So my angst today is think puts this Nation and this Con- until after she had given birth. not to quarrel with the fact that I gress in a position where the debate is In fact, the innocent child principle think the legislation is weak on Fed- a realistic debate. has been the law of the land for more eral nexus and, in fact, as we all have This narrow focus just offered some than a century. It was under a liberal debated here today, it is already Fed- days ago, no one would come to the Democratic Congress in 1994 that we eral law. But if this is to reach to the floor to debate in opposition to the re- reaffirmed this common law principle. 50 States, then here are the questions alism or the practicality of such a leg- So why do we need to pass this bill? that I would raise. islative initiative. But I think that it Well, it seems that there are those who These are such weighty issues. There is a shame that we are debating this in think it is time to retreat from this is so much debate going on on the sanc- the narrowness of the focus. long-standing policy. Some think, not tity and the reasonableness of the I hope, Madam Speaker, that we are many, but some very important people death penalty that I think it is actu- not politicizing this issue because we think that it is okay to execute preg- ally a tragedy that we are here today are engaged in national politics. That nant women as long as they consent. on a very narrow function. is not the place of this body. But what about the innocent child in It has already been noted by Human So I would say to my Republican col- utero who has committed no crime? Watch as well as statistics just related leagues that, if we are to really pro- The baby has no choice in the matter, that this Nation has the most individ- mote this Nation for what it is, democ- says one of our leaders. uals incarcerated. Those of us who wish racy and openness and fairness and jus- People on death row are there be- to protect the innocent, we hope that tice, we would have considered the cause they willfully have taken an- those who have been truly convicted of plight of a Gary Graham, we would other life; and some, several lives. crimes, yes, do have to pay the time. have considered reviewing the entire They are not given the death penalty But we also are looked upon in this death penalty, both Federal and State, for manslaughter or even third degree world as a country that favors and sup- and we would, as I close, Madam murder, only for the most heinous ports and advocates democracy, jus- Speaker, look at the disparity of mi- crimes. tice. norities on death row and seriously ad- The innocent child is not guilty of Just yesterday, we debated the motto dress this question. the horrible crimes of its mother. So ‘‘In God we trust’’ to suggest that we Mr. HUTCHINSON. Madam Speaker, we must defend this common law prin- are a people who believe and love in a I yield 2 minutes to the distinguished ciple, common sense, in the face of lib- higher being. But, yet, we have a situa- gentleman from Oklahoma (Mr. eral activism to legalize the execution tion where I come from a State where COBURN). of pregnant women or their innocent 135 people have been put to their death. Mr. COBURN. Madam Speaker, here children. We have had a legislative initiative we are again debating a question of Madam Speaker, we stand with the that we are now debating that has not life, and I am really saddened that we American people who believe that preg- even seen a hearing. even have to be here. nant women should not be executed, What I would say to my colleagues, I think the gentleman from New plain and simple. Madam Speaker, is that this is an York (Mr. LAFALCE) raises a great Is this a new problem? Yes. But we issue, or the issue of the death penalty question. What is the nexus? But there are not the one who caused it. Just ex- in general, that should be looked upon is an even greater question. What is amine the comments of the Vice Presi- even in the face of its popularity in the nexus that the Supreme Court used dent if one wants to understand how this country. to say that innocent life has no value this came about. I am always reminded that it is those if, in fact, a mother says it has no I urge support for the Innocent Vic- who stand against adversity or stand value? So the question of nexus has tim Protection Act. Mr. CONYERS. Madam Speaker, who when others are pointing the finger tremendous precedent, as set by the has the right to close? that they are on the wrong side of the Court, in overruling laws in my State The SPEAKER pro tempore. The gen- issue, if you will, that will rise to the that said innocent life should be pro- tleman from Arkansas (Mr. HUTCH- occasion or will at least support the tected beyond any shadow of a doubt. INSON) has the right to close. values of this country, which is that we The second point which I think is Mr. CONYERS. Even when there is no believe in the protecting of the major- very obvious to us is that it is right, report? ity and the minority. nobody would come to the floor to say The SPEAKER pro tempore. The In the instance of the death penalty, that this is not a proper thing to do. maker of the motion has the right to there are legislative initiatives dealing What a shame it is that a potential close in this case. with the moratorium. The Governor of next leader of our country was con- Mr. CONYERS. How much time is re- Illinois, a conservative Republican, has fused on this issue. What that tells me maining, Madam Speaker? given or rendered a moratorium in the is there is a rudder lacking in our The SPEAKER pro tempore. The gen- State of Illinois because he has doubts moral integrity and foundation in this tleman from Michigan (Mr. CONYERS) as to whether or not those who are on country and it was very well exhibited has 61⁄2 minutes remaining. The gen- death row have truly gotten fair access by that gentleman’s statements. tleman from Arkansas (Mr. HUTCH- to justice or that he is not in the posi- There is no question in this country INSON) has 51⁄2 minutes remaining. tion to have executed innocent people. that we are paying a tremendous moral

VerDate 25-JUL-2000 04:48 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.043 pfrm02 PsN: H25PT1 H6796 CONGRESSIONAL RECORD — HOUSE July 25, 2000 price for the convenience of abortion. Mr. HUTCHINSON. Madam Speaker, a statement to the world that we are This bill is on the floor because we still I yield 1 minute to the gentleman from going to abide by the treaties that we have a tremendous moral wrong in this California (Mr. HUNTER). have entered into; that we are going to country. Any way that that issue can (Mr. HUNTER asked and was given support life under these circumstances. be discussed and talked about is a bona permission to revise and extend his re- I ask my colleagues to support the pas- fide actuality on the floor of this marks.) sage of this bill. House. Mr. HUNTER. Madam Speaker, I Mr. PITTS. Madam Speaker, I submit the We may not like it, but the truth want to commend the author of this following for the RECORD. matters; and the truth is that our act, the gentlewoman from Florida SHOULD AN INNOCENT UNBORN CHILD BE EXE- Founders said that we are all equal, (Ms. ROS-LEHTINEN), one of our great CUTED? KEY POINTS ON THE INNOCENT CHILD that we all have the right to the pur- leaders in the House on these issues. PROTECTION ACT (H.R. 4888) suit of life, liberty and happiness. It is very clear, Madam Speaker, that JULY 20, 2000. Our country is in a sad state of af- we have built a great and enormous The Innocent Child Protection Act (H.R. system of safeguards to protect crimi- 4888), introduced by Congresswoman Ileana fairs when we fail to recognize unborn Ros-Lehtinen (R–Fl.) on July 19, 2000, pro- life. This is just one of the symptoms nal defendants, and that is because we hibits state governments from carrying out a of that. The gentleman from New York are very concerned about their rights. I sentence of death on a woman who carries a (Mr. LAFALCE), I grant him, I do not would suggest that this bill attempts child in utero. like the politicization of this issue. But to transfer just a small part of that This bill does not reflect any point of view the realistic facts are we are here concern that we have about the crimi- on the desirability or appropriateness of im- today because innocent life is being nal, just a very small insignificant posing capital punishment on persons con- fraction of that concern, to that un- victed of premeditated murder or other torn from the foundation of what grave crimes. Nor does this bill have any- would make us a great country. born child. We should be able to give thing to do with other bills that deal with Mr. CONYERS. Madam Speaker, I just a little bit of that concern to that DNA evidence or other issues pertaining to yield myself 21⁄2 minutes, the remain- child, and that is what we are doing the actual guilt of a person who has been ing time on our side. right now. convicted of a capital crime. This bill simply Madam Speaker, I refer to the Mis- Our criminal statutes reflect the recognizes (1) most states and the federal souri v. Holland case that the floor need to deter and to punish; and they government do currently impose capital pun- can, at the same time, reflect our hu- ishment for certain crimes, but (2) no child manager cited because it deals with in utero can possibly be guilty of a crime, whether incidents of the State are cov- manity, and that is what we do today. therefore (3) Congress should prevent the ered by treaties entered into by the Let us protect the innocent children. government from taking the life of an inno- United States. There the Supreme Let us pass this act. cent child in utero by prohibiting, within all Court said that the supremacy clause Mr. HUTCHINSON. Madam Speaker, U.S. jurisdictions, any death sentence from means treaties do cover State resi- I yield myself the balance of my time. being carried out while a woman convicted of dents, a very important point that is Madam Speaker, first I want to ex- a capital crime carries a child in utero. Title 18 U.S.C.A. Sect. 3596, enacted in 1994, completely unrelated to the issue of press my appreciation to the ranking member of the committee, the gen- already prohibits federal executions of preg- Federal nexus before us. nant women, but most executions are carried But this bill is an entirely different tleman from Michigan (Mr. CONYERS), out by states, and in any event it is just and constitutional animal. This bill deals for the way that he has conducted this appropriate to have a uniform law for all ju- with commandeering State functions debate, as well as the other Members risdictions on this question. and officials. As such, the New York v. across the aisle. I think anytime, as Under traditional common law (non-statu- U.S. and U.S. v. Lopez both reinforce the gentleman from Oklahoma (Mr. tory, judge-made law), a death sentence should not be carried out on a woman who one another and say that one must cite COBURN) said, that we can discuss the issues of life, that it is a healthy de- carries a child in utero. The purpose of this the Federal nexus, which this bill does common law doctrine, as the Supreme Court not have. bate for the Congress of the United noted in the 1891 case of Union Pacific Rail- But I say that to say that the bill States; and whenever we conduct it in way v. Botsford, was ‘‘to guard against the may not have been, in haste, properly a high tone, I think it is even better. taking of the life of an unborn child for the drafted. It does not mean that we can- If I understand the gentleman cor- crime of the mother.’’ [11 Sup. Ct. Rep. 1000, not correct it. I would not object to rectly, he really does not oppose the 1002] However, common law offers weak and this bill being passed. I do not oppose substance of this bill. There have been uncertain protection against the execution of an innocent child in utero. the bill on these grounds. arguments made that we should have a broader debate; that we should look at While the situation under discussion here But my colleagues must recall, may seldom arise in the U.S. in modern Madam Speaker, that, without any no- some additional death penalty protec- times, maintaining and reinforcing the inno- tice, we have had a bill rushed to the tions, and those are fair debates as cent child principle is worthwhile even if it floor that was introduced less than a well; but today we have this bill before saves only one innocent life in a century. week ago. Is this to soften the less us that is very important. We can do Currently, 38 states (and the federal govern- than kind, less than gentle, somewhat something today that not only carries ment) employ the death penalty for certain brutal image of the Republican presi- out the intent of the United States in offenses. As of January 1, 1999, 51 women signing the treaty with 142 other na- were on state death rows, of whom 82% were dential candidate after his somewhat age 45 or younger. callous and callow action on the death tions, but we can do something to Women do become pregnant in prison— penalty in Texas? make sure that innocent life is pro- even in maximum-security facilities. As Con- tected and that everyone in our society b gresswoman Lynn Woolsey (D–Ca.) said on 1145 understands that we are clear and un- the floor of the House of Representatives on I hope not. It seems to me that we ambiguous as to our attempt to protect June 22, 2000, in a speech in favor of an un- have had the execution in the State of that life. successful amendment to require the federal Texas of Karla Faye Tucker, a born- The gentlewoman from Texas (Ms. Bureau of Prisons to fund abortions, ‘‘We know that women become pregnant in pris- again Christian. She was executed and JACKSON-LEE) indicated these are weighty issues. They are weighty on, from rape or from having a relationship was mocked later by the governor of with one of the guards.’’ Texas, who made a whimpering noise issues; but I am so thankful that when In his 1937 book Into This Universe: The and claimed, ‘‘With tears in her eyes, there is a mooring, that even weighty Story of Human Birth, Dr. Alan she said, ‘Please Governor, don’t kill issues can be simple issues because Guttmacher—the ‘‘father of Planned Parent- me.’ ’’ they are based upon a moral founda- hood’’—wrote: ‘‘A judge has told me that in And so I am saddened by the fact tion. So I believe that we can all be to- one of the States a pregnant woman received that we take this small tiny portion of gether in supporting this legislation. I the ordinary stay of execution on account of the death penalty and bring it to the think it sends a strong statement. It pregnancy, and through the willing coopera- tion of a jailer became pregnant again short- floor in this very hurried manner. certainly supplements the Federal leg- ly after her delivery, before the original exe- Madam Speaker, I have no further re- islation that was passed previously. It cution order could be carried out. She was quests for time, and I yield back the supplements what the States have al- granted a second stay to allow her to give balance of my time. ready done, and I think it really sends birth to the jailer’s child.’’ (page 46)

VerDate 25-JUL-2000 04:48 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.044 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6797 In 1976, the U.S. became a signatory to the after spending years on death row for crimes I hope that the authors of today's bill are International Covenant on Civil and Polit- they did not commit. truly serious about the need to prevent the ical Rights (CCPR), which 143 other nations It is cases like these that convinced such or- execution of the innocent, and that they will have also joined. Article 6(5) states, ‘‘Sen- ganizations as the American Bar Associa- tence of death shall not be imposed for join the 79 members of this HouseÐboth Re- crimes committed by persons below eighteen tionÐwhich has no position on the death pen- publicans and DemocratsÐwho have cospon- years of age and shall not be carried out on alty per seÐto call for a halt to executions sored the Innocence Protection Act. pregnant women.’’ The U.S. entered a partial until each jurisdiction can ensure that it has Madam Speaker, I have no further re- reservation to Article 6(5), which reads, ‘‘The taken steps to minimize the risk that innocent quests for time, and I yield back the United States reserves the right, subject to persons may be executed. balance of my time. its Constitutional constraints, to impose It is cases like these that convinced Gov- The SPEAKER pro tempore (Mrs. capital punishment on any person (other ernor RyanÐa Republican and a supporter of EMERSON). The question is on the mo- than a pregnant woman) duly convicted the death penaltyÐto put a stop to executions tion offered by the gentleman from Ar- under existing or future laws permitting the kansas (Mr. HUTCHINSON) that the imposition of capital punishment, including in Illinois until he could be certain that ``every- such punishment for crimes committed by one sentenced to death in Illinois is truly House suspend the rules and pass the persons below eighteen years of age.’’ [italics guilty.'' bill, H.R. 4888. added for emphasis] Thus, within the res- It is cases like these that should convince The question was taken. ervation itself, the U.S. bound itself not to every American that Governor Ryan and the Mr. HUTCHINSON. Madam Speaker, permit the execution of any woman who car- American Bar Association are right. We may on that I demand the yeas and nays. ries an unborn child. Congress has constitu- not all agree on the ultimate morality or utility The yeas and nays were ordered. tional authority to explicitly apply this of capital punishment. Indeed, you have be- The SPEAKER pro tempore. Pursu- treaty obligation to the states. fore you a pair of cosponsors who differ on ant to clause 8 of rule XX and the H.R. 4888’s definition of ‘‘child in utero’’ Chair’s prior announcement, further (‘‘a member of the species homo sapiens, at that question. I spent my career as a pros- any stage of development, who is carried in ecutor in opposition to the death penalty. Con- proceedings on this motion will be the womb’’) is taken verbatim from the Un- gressman LAHOOD is a supporter of the death postponed. born Victims of Violence Act (H.R. 2436), penalty. But we agree profoundly that a just f passed by the House on September 30, 1999, society cannot engage in the killing of the in- MESSAGE FROM THE SENATE by a vote of 254–172. (1999 House roll call no. nocent. We have come together in this bipar- 465) Similar definitions and terminology are tisan effort to help prevent what Governor A message from the Senate by Mr. found in numerous state laws. Like those Lundregan, one of its clerks, an- state laws, this bill has no effect on access to Ryan has called ``the ultimate nightmare, the state's taking of innocent life.'' nounced that the Senate has passed legal abortion, either for women on death with an amendment in which the con- row or anybody else. I have heard some suggest that the con- Vice President Gore, asked by NBC’s Tim cerns expressed by Governor Ryan are some- currence of the House is requested, a Russert whether he agreed with the current how peculiar to the State of Illinois. Nothing bill of the House of the following title: prohibition on federal executions of pregnant could be further from the truth. The system is H.R. 4461. An act making appropriations women, laughed and said, ‘‘I’d want to think fallible everywhere it is in place. for Agriculture, Rural Development, Food about it.’’ (Meet the Press, July 16, 2000) On Only last month we received fresh evidence and Drug Administration, and Related Agen- July 17, ‘‘Mr. Gore said he favored allowing cies programs for the fiscal year ending Sep- a pregnant woman to choose whether to of this with the release of the first comprehen- tember 30, 2001, and for other purposes. sive statistical study ever undertaken of mod- delay her execution until she gave birth. The message also announced that the ern American capital appeals. The study, led ‘The principle of a woman’s right to choose Senate insists upon its amendment to by Professor James Liebman of Columbia Uni- governs in that case,’ he said.’’ (The New the bill (H.R. 4461) ‘‘An Act making ap- York Times, July 18) Gore’s position implic- versity, looked at over 4,500 capital cases in propriations for Agriculture, Rural De- itly repudiates the innocent child principle 34 states over a 23-year period. According to velopment, Food and Drug Administra- embodied in the International Covenant on the study, the courts found serious, reversible tion, and Related Agencies programs Civil and Political Rights and in Title 18 error in 68 percent of the capital sentences U.S.C.A. Sect. 3596, both of which flatly pro- for the fiscal year ending September 30, handed down over this period. And when hibit the government from taking the child’s 2001, and for other purposes,’’ requests these individuals were retried, 82 percent of life. a conference with the House on the dis- them were found not to deserve the death Mr. DELAHUNT. Madam Speaker, I rise in agreeing votes of the two Houses there- penalty, and 7 percent were found innocent of support of the bill, which would prevent the on, and appoints Mr. COCHRAN, Mr. the capital crime altogether. execution of a woman who is carrying a child. SPECTER, Mr. BOND, Mr. GORTON, Mr. These are shocking statistics, Mr. Speaker. As the lead sponsor of the Innocence Pro- MCCONNELL, Mr. BURNS, Mr. STEVENS, It is hard to imagine many other human enter- tection Act, I commend the authors of the bill Mr. KOHL, Mr. HARKIN, Mr. DORGAN, prises that would continue to operate with for their concern that innocent human beings Mrs. FEINSTEIN, Mr. DURBIN, and Mr. such a sorry record. I dare say that if seven not be executed. However, I urge them to rec- BYRD to be the conferees on the part of out of every 10 NASA flights burned up in the ognize that there may also be a second inno- the Senate. upper atmosphere, we'd be reassessing the cent human being involved in such casesÐ f namely the mother herself. space program. If commercial airlines oper- Unfortunately, this very limited measure ated their planes with a 68 percent failure rate, COMMUNITY RENEWAL AND NEW does nothing to prevent the execution of an in- we'd all be taking the train. MARKETS ACT OF 2000 nocent adult human being for a crime she did Yet even if these statistics are wildly exag- Mr. ENGLISH. Mr. Speaker, I move not commit. gerated, where the taking of human life is in- to suspend the rules and pass the bill The Innocence Protection Act of 2000 (H.R. volved, it seems to me we must strive to reach (H.R. 4923) to amend the Internal Rev- 4167), which Mr. LAHOOD and I have intro- ``zero tolerance'' for error. As Governor Ryan enue Code of 1986 to provide tax incen- duced, would prevent such a thing from hap- recently said, ``99.5 percent isn't good tives for the renewal of distressed com- pening. Its two principal provisions concern enough'' when lives are in the balance. munities, to provide for 9 additional the two most important tools by which the pos- Nothing we can do will bring absolute cer- empowerment zones and increased tax sibility of error can be minimized: DNA testing tainty. Judges, jurors, police, eyewitnesses, incentives for empowerment zone de- and competent legal representation. defense attorneys, and prosecutors them- velopment, to encourage investments This legislation arose out of a growing na- selvesÐall are human beings, and all make in new markets, and for other pur- tional awareness that the machinery by which mistakes. As a prosecutor for over 20 years, poses. we try capital cases in this country has gone I certainly made my share of them. But we do The Clerk read as follows: have the means at our disposal to minimize seriously and dangerously awry. H.R. 4923 Since the reinstatement of the death penalty the possibility of error. And where lives are at Be it enacted by the Senate and House of Rep- in 1976, a total of 653 men and women have stake, we have a responsibility to put those resentatives of the United States of America in been executed in the United States, including tools to use. Congress assembled, 55 so far this year alone. During this same pe- The Innocence Protection Act will help en- SECTION 1. SHORT TITLE; ETC. riod, 87 peopleÐmore than one out of every sure that fewer mistakes are made in capital (a) SHORT TITLE.—This Act may be cited as 100 men and women sentenced to death in cases. And that when mistakes are made, the ‘‘Community Renewal and New Markets the United StatesÐhave been exonerated they are caught in time. Act of 2000’’.

VerDate 25-JUL-2000 04:48 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.008 pfrm02 PsN: H25PT1 H6798 CONGRESSIONAL RECORD — HOUSE July 25, 2000

(b) AMENDMENT OF 1986 CODE.—Except as Sec. 702. Transfer of HUD assets in revital- scribed in subsection (d)(2) with respect to otherwise expressly provided, whenever in ization areas. such area is inadequate. this Act an amendment or repeal is ex- Sec. 703. Risk-sharing demonstration. ‘‘(4) LIMITATION ON DESIGNATIONS.— pressed in terms of an amendment to, or re- Sec. 704. Prevention and treatment of sub- ‘‘(A) PUBLICATION OF REGULATIONS.—The peal of, a section or other provision, the ref- stance abuse; services provided Secretary of Housing and Urban Develop- erence shall be considered to be made to a through religious organiza- ment shall prescribe by regulation no later section or other provision of the Internal tions. than 4 months after the date of the enact- Revenue Code of 1986. Sec. 705. New markets venture capital pro- ment of this section, after consultation with (c) TABLE OF CONTENTS.— gram. the officials described in paragraph (1)(B)— Sec. 1. Short title; etc. Sec. 706. BusinessLINC grants and coopera- ‘‘(i) the procedures for nominating an area tive agreements. TITLE I—TAX INCENTIVES FOR under paragraph (1)(A), RENEWAL COMMUNITIES TITLE I—TAX INCENTIVES FOR RENEWAL ‘‘(ii) the parameters relating to the size COMMUNITIES Sec. 101. Designation of and tax incentives and population characteristics of a renewal for renewal communities. SEC. 101. DESIGNATION OF AND TAX INCENTIVES community, and Sec. 102. Extension of expensing of environ- FOR RENEWAL COMMUNITIES. ‘‘(iii) the manner in which nominated areas mental remediation costs to re- (a) IN GENERAL.—Chapter 1 is amended by will be evaluated based on the criteria speci- newal communities; extension adding at the end the following new sub- fied in subsection (d). of termination date for renewal chapter: ‘‘(B) TIME LIMITATIONS.—The Secretary of communities and empowerment ‘‘Subchapter X—Renewal Communities Housing and Urban Development may des- ignate nominated areas as renewal commu- zones. ‘‘Part I. Designation. Sec. 103. Work opportunity credit for hiring nities only during the 24-month period begin- youth residing in renewal com- ‘‘Part II. Renewal community capital gain; ning on the first day of the first month fol- munities. renewal community business. lowing the month in which the regulations TITLE II—EXTENSION AND EXPANSION ‘‘Part III. Additional incentives. described in subparagraph (A) are prescribed. ‘‘(C) PROCEDURAL RULES.—The Secretary of OF EMPOWERMENT ZONE INCENTIVES ‘‘PART I—DESIGNATION Housing and Urban Development shall not Sec. 201. Authority to designate 9 additional ‘‘Sec. 1400E. Designation of renewal commu- empowerment zones. make any designation of a nominated area as nities. Sec. 202. Extension of enterprise zone treat- a renewal community under paragraph (2) ment through 2009. ‘‘SEC. 1400E. DESIGNATION OF RENEWAL COMMU- unless— Sec. 203. 20 percent employment credit for NITIES. ‘‘(i) the local governments and the States all empowerment zones ‘‘(a) DESIGNATION.— in which the nominated area is located have Sec. 204. Increased expensing under section ‘‘(1) DEFINITIONS.—For purposes of this the authority— 179. title, the term ‘renewal community’ means ‘‘(I) to nominate such area for designation Sec. 205. Higher limits on tax-exempt em- any area— as a renewal community, powerment zone facility bonds. ‘‘(A) which is nominated by one or more ‘‘(II) to make the State and local commit- Sec. 206. Nonrecognition of gain on rollover local governments and the State or States in ments described in subsection (d), and of empowerment zone invest- which it is located for designation as a re- ‘‘(III) to provide assurances satisfactory to ments. newal community (hereinafter in this sec- the Secretary of Housing and Urban Develop- Sec. 207. Increased exclusion of gain on sale tion referred to as a ‘nominated area’), and ment that such commitments will be ful- of empowerment zone stock. ‘‘(B) which the Secretary of Housing and filled, TITLE III—NEW MARKETS TAX CREDIT Urban Development designates as a renewal ‘‘(ii) a nomination regarding such area is community, after consultation with— Sec. 301. New markets tax credit. submitted in such a manner and in such ‘‘(i) the Secretaries of Agriculture, Com- form, and contains such information, as the TITLE IV—IMPROVEMENTS IN LOW- merce, Labor, and the Treasury; the Director INCOME HOUSING CREDIT Secretary of Housing and Urban Develop- of the Office of Management and Budget, and ment shall by regulation prescribe, and Sec. 401. Modification of State ceiling on the Administrator of the Small Business Ad- ‘‘(iii) the Secretary of Housing and Urban low-income housing credit. ministration, and Development determines that any informa- Sec. 402. Modification of criteria for allo- ‘‘(ii) in the case of an area on an Indian tion furnished is reasonably accurate. cating housing credits among reservation, the Secretary of the Interior. ‘‘(5) NOMINATION PROCESS FOR INDIAN RES- projects. UMBER OF DESIGNATIONS ‘‘(2) N .— ERVATIONS.—For purposes of this subchapter, Sec. 403. Additional responsibilities of hous- ‘‘(A) IN GENERAL.—The Secretary of Hous- ing credit agencies. in the case of a nominated area on an Indian ing and Urban Development may designate reservation, the reservation governing body Sec. 404. Modifications to rules relating to not more than 40 nominated areas as renewal basis of building which is eligi- (as determined by the Secretary of the Inte- communities. rior) shall be treated as being both the State ble for credit. ‘‘(B) MINIMUM DESIGNATION IN RURAL Sec. 405. Other modifications. and local governments with respect to such AREAS.—Of the areas designated under para- area. Sec. 406. Carryforward rules. graph (1), at least 8 must be areas— Sec. 407. Effective date. ‘‘(i) which are within a local government ‘‘(b) PERIOD FOR WHICH DESIGNATION ISIN TITLE V—PRIVATE ACTIVITY BOND jurisdiction or jurisdictions with a popu- EFFECT.— VOLUME CAP lation of less than 50,000, ‘‘(1) IN GENERAL.—Any designation of an Sec. 501. Acceleration of phase-in of increase ‘‘(ii) which are outside of a metropolitan area as a renewal community shall remain in in volume cap on private activ- statistical area (within the meaning of sec- effect during the period beginning on July 1, ity bonds. tion 143(k)(2)(B)), or 2001, and ending on the earliest of— TITLE VI—AMERICA’S PRIVATE ‘‘(iii) which are determined by the Sec- ‘‘(A) December 31, 2009, INVESTMENT COMPANIES retary of Housing and Urban Development, ‘‘(B) the termination date designated by Sec. 601. Short title. after consultation with the Secretary of the State and local governments in their Sec. 602. Findings and purposes. Commerce, to be rural areas. nomination, or Sec. 603. Definitions. ‘‘(3) AREAS DESIGNATED BASED ON DEGREE ‘‘(C) the date the Secretary of Housing and Sec. 604. Authorization. OF POVERTY, ETC.— Urban Development revokes such designa- Sec. 605. Selection of APICs. ‘‘(A) IN GENERAL.—Except as otherwise pro- tion. Sec. 606. Operations of APICs. vided in this section, the nominated areas ‘‘(2) REVOCATION OF DESIGNATION.—The Sec- Sec. 607. Credit enhancement by the Federal designated as renewal communities under retary of Housing and Urban Development Government. this subsection shall be those nominated may revoke the designation under this sec- Sec. 608. APIC requests for guarantee ac- areas with the highest average ranking with tion of an area if such Secretary determines tions. respect to the criteria described in subpara- that the local government or the State in Sec. 609. Examination and monitoring of graphs (B), (C), and (D) of subsection (c)(3). which the area is located— APICs. For purposes of the preceding sentence, an ‘‘(A) has modified the boundaries of the Sec. 610. Penalties. area shall be ranked within each such cri- area, or Sec. 611. Effective date. terion on the basis of the amount by which ‘‘(B) is not complying substantially with, Sec. 612. Sunset. the area exceeds such criterion, with the or fails to make progress in achieving, the TITLE VII—OTHER COMMUNITY RE- area which exceeds such criterion by the State or local commitments, respectively, NEWAL AND NEW MARKETS ASSIST- greatest amount given the highest ranking. described in subsection (d). ANCE ‘‘(B) EXCEPTION WHERE INADEQUATE COURSE ‘‘(3) EARLIER TERMINATION OF CERTAIN BEN- Sec. 701. Transfer of unoccupied and sub- OF ACTION, ETC.—An area shall not be des- EFITS IF EARLIER TERMINATION OF DESIGNA- standard HUD-held housing to ignated under subparagraph (A) if the Sec- TION.—If the designation of an area as a re- local governments and commu- retary of Housing and Urban Development newal community terminates before Decem- nity development corporations. determines that the course of action de- ber 31, 2009—

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.010 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6799 ‘‘(A) the date of such termination shall be ments will follow a specified course of action ignation under section 1391 of any area as an substituted for ‘December 31, 2009’ in section which meets the requirements of paragraph empowerment zone or enterprise community 198(h) with respect to such area, and (2) and is designed to reduce the various bur- shall cease to be in effect as of the date that ‘‘(B) the day after the date of such termi- dens borne by employers or employees in the designation of any portion of such area nation shall be substituted for ‘January 1, such area, and as a renewal community takes effect. 2010’ each place it appears in sections 1400F ‘‘(B) the economic growth promotion re- ‘‘(f ) DEFINITIONS AND SPECIAL RULES.—For and 1400J with respect to such area. quirements of paragraph (3) are met. purposes of this subchapter— ‘‘(c) AREA AND ELIGIBILITY REQUIRE- ‘‘(2) COURSE OF ACTION.— ‘‘(1) GOVERNMENTS.—If more than one gov- MENTS.— ‘‘(A) IN GENERAL.—A course of action meets ernment seeks to nominate an area as a re- ‘‘(1) IN GENERAL.—The Secretary of Hous- the requirements of this paragraph if such newal community, any reference to, or re- ing and Urban Development may designate a course of action is a written document, quirement of, this section shall apply to all nominated area as a renewal community signed by a State (or local government) and such governments. under subsection (a) only if the area meets neighborhood organizations, which evidences ‘‘(2) LOCAL GOVERNMENT.—The term ‘local the requirements of paragraphs (2) and (3) of a partnership between such State or govern- government’ means— this subsection. ment and community-based organizations ‘‘(A) any county, city, town, township, par- ‘‘(2) AREA REQUIREMENTS.—A nominated and which commits each signatory to spe- ish, village, or other general purpose polit- area meets the requirements of this para- cific and measurable goals, actions, and ical subdivision of a State, and graph if— timetables. Such course of action shall in- ‘‘(B) any combination of political subdivi- ‘‘(A) the area is within the jurisdiction of clude at least 4 of the following: sions described in subparagraph (A) recog- one or more local governments, ‘‘(i) A reduction of tax rates or fees apply- nized by the Secretary of Housing and Urban ‘‘(B) the boundary of the area is contin- ing within the renewal community. Development. uous, and ‘‘(ii) An increase in the level of efficiency ‘‘(3) APPLICATION OF RULES RELATING TO ‘‘(C) the area— of local services within the renewal commu- CENSUS TRACTS.—The rules of section ‘‘(i) has a population of not more than nity. 1392(b)(4) shall apply. 200,000 and at least— ‘‘(iii) Crime reduction strategies, such as ‘‘(4) CENSUS DATA.—Population and poverty ‘‘(I) 4,000 if any portion of such area (other crime prevention (including the provision of rate shall be determined by using 1990 census than a rural area described in subsection crime prevention services by nongovern- data. (a)(2)(B)(i)) is located within a metropolitan mental entities). ‘‘(g) PRIORITY FOR DISTRICT OF COLUMBIA statistical area (within the meaning of sec- ‘‘(iv) Actions to reduce, remove, simplify, NOMINATED AREA.—For purposes of this tion 143(k)(2)(B)) which has a population of or streamline governmental requirements 50,000 or greater, or subchapter— applying within the renewal community. ‘‘(II) 1,000 in any other case, or ‘‘(1) IN GENERAL.—Any nominated area ‘‘(v) Involvement in the program by pri- ‘‘(ii) is entirely within an Indian reserva- within the District of Columbia shall be vate entities, organizations, neighborhood tion (as determined by the Secretary of the treated for purposes of subsection (a)(3) as organizations, and community groups, par- Interior). having the highest average with respect to ticularly those in the renewal community, ‘‘(3) ELIGIBILITY REQUIREMENTS.—A nomi- the criteria described in subparagraphs (B), including a commitment from such private nated area meets the requirements of this (C), and (D) of subsection (c)(3). paragraph if the State and the local govern- entities to provide jobs and job training for, ‘‘(2) DATE OF DESIGNATION.—Notwith- ments in which it is located certify in writ- and technical, financial, or other assistance standing subsection (b)(1), the designation of ing (and the Secretary of Housing and Urban to, employers, employees, and residents from a nominated area within the District of Co- Development, after such review of sup- the renewal community. lumbia as a renewal community shall take porting data as he deems appropriate, ac- ‘‘(vi) The gift (or sale at below fair market effect on January 1, 2003. cepts such certification) that— value) of surplus real property (such as land, ‘‘(3) NOMINATION.—The District of Colum- ‘‘(A) the area is one of pervasive poverty, homes, and commercial or industrial struc- bia shall be treated as being both a State and unemployment, and general distress; tures) in the renewal community to neigh- local government with respect to such area. borhood organizations, community develop- ‘‘(B) the unemployment rate in the area, as ‘‘PART II—RENEWAL COMMUNITY CAP- ment corporations, or private companies. determined by the most recent available ITAL GAIN; RENEWAL COMMUNITY BUSI- ‘‘(B) RECOGNITION OF PAST EFFORTS.—For data, was at least 11⁄2 times the national un- NESS employment rate for the period to which purposes of this section, in evaluating the course of action agreed to by any State or ‘‘Sec. 1400F. Renewal community capital such data relate; gain. ‘‘(C) the poverty rate for each population local government, the Secretary of Housing census tract within the nominated area is at and Urban Development shall take into ac- ‘‘Sec. 1400G. Renewal community business least 20 percent; and count the past efforts of such State or local defined. ‘‘(D) in the case of an urban area, at least government in reducing the various burdens ‘‘SEC. 1400F. RENEWAL COMMUNITY CAPITAL 70 percent of the households living in the borne by employers and employees in the GAIN. area have incomes below 80 percent of the area involved. ‘‘(a) GENERAL RULE.—Gross income does median income of households within the ju- ‘‘(3) ECONOMIC GROWTH PROMOTION REQUIRE- not include any qualified capital gain from risdiction of the local government (deter- MENTS.—The economic growth promotion re- the sale or exchange of a qualified commu- mined in the same manner as under section quirements of this paragraph are met with nity asset held for more than 5 years. 119(b)(2) of the Housing and Community De- respect to a nominated area if the local gov- ‘‘(b) QUALIFIED COMMUNITY ASSET.—For velopment Act of 1974). ernment and the State in which such area is purposes of this section— located certify in writing that such govern- ‘‘(4) CONSIDERATION OF HIGH INCIDENCE OF ‘‘(1) IN GENERAL.—The term ‘qualified com- ment and State (respectively) have repealed CRIME.—The Secretary of Housing and Urban munity asset’ means— Development shall take into account, in se- or reduced, will not enforce, or will reduce ‘‘(A) any qualified community stock, lecting nominated areas for designation as within the nominated area at least 4 of the ‘‘(B) any qualified community partnership renewal communities under this section, the following: interest, and extent to which such areas have a high inci- ‘‘(A) Licensing requirements for occupa- ‘‘(C) any qualified community business dence of crime. tions that do not ordinarily require a profes- property. sional degree. ‘‘(5) CONSIDERATION OF COMMUNITIES IDENTI- ‘‘(2) QUALIFIED COMMUNITY STOCK.— ‘‘(B) Zoning restrictions on home-based FIED IN GAO STUDY.—The Secretary of Hous- ‘‘(A) IN GENERAL.—Except as provided in ing and Urban Development shall take into businesses which do not create a public nui- subparagraph (B), the term ‘qualified com- account, in selecting nominated areas for sance. munity stock’ means any stock in a domes- designation as renewal communities under ‘‘(C) Permit requirements for street ven- tic corporation if— this section, if the area has census tracts dors who do not create a public nuisance. ‘‘(i) such stock is acquired by the taxpayer identified in the May 12, 1998, report of the ‘‘(D) Zoning or other restrictions that im- after June 30, 2001, and before January 1, General Accounting Office regarding the pede the formation of schools or child care 2010, at its original issue (directly or through identification of economically distressed centers. an underwriter) from the corporation solely areas. ‘‘(E) Franchises or other restrictions on in exchange for cash, ‘‘(d) REQUIRED STATE AND LOCAL COMMIT- competition for businesses providing public ‘‘(ii) as of the time such stock was issued, MENTS.— services, including taxicabs, jitneys, cable such corporation was a renewal community ‘‘(1) IN GENERAL.—The Secretary of Hous- television, or trash hauling. business (or, in the case of a new corpora- ing and Urban Development may designate This paragraph shall not apply to the extent tion, such corporation was being organized any nominated area as a renewal community that such regulation of businesses and occu- for purposes of being a renewal community under subsection (a) only if— pations is necessary for and well-tailored to business), and ‘‘(A) the local government and the State in the protection of health and safety. ‘‘(iii) during substantially all of the tax- which the area is located agree in writing ‘‘(e) COORDINATION WITH TREATMENT OF EM- payer’s holding period for such stock, such that, during any period during which the POWERMENT ZONES AND ENTERPRISE COMMU- corporation qualified as a renewal commu- area is a renewal community, such govern- NITIES.—For purposes of this title, the des- nity business.

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‘‘(B) REDEMPTIONS.—A rule similar to the ‘‘SEC. 1400G. RENEWAL COMMUNITY BUSINESS penditures (determined without regard to rule of section 1202(c)(3) shall apply for pur- DEFINED. such cost) with respect to such building. poses of this paragraph. ‘‘For purposes of this subchapter, the term ‘‘(ii) CREDITS.—The term ‘qualified revital- ‘‘(3) QUALIFIED COMMUNITY PARTNERSHIP IN- ‘renewal community business’ means any en- ization expenditure’ does not include any ex- TEREST.—The term ‘qualified community tity or proprietorship which would be a penditure which the taxpayer may take into partnership interest’ means any capital or qualified business entity or qualified propri- account in computing any credit allowable profits interest in a domestic partnership etorship under section 1397C if references to under this title unless the taxpayer elects to if— renewal communities were substituted for take the expenditure into account only for ‘‘(A) such interest is acquired by the tax- references to empowerment zones in such purposes of this section. payer after June 30, 2001, and before January section. ‘‘(c) DOLLAR LIMITATION.—The aggregate 1, 2010, from the partnership solely in ex- ‘‘PART III—ADDITIONAL INCENTIVES amount which may be treated as qualified change for cash, ‘‘Sec. 1400H. Renewal community employ- revitalization expenditures with respect to ‘‘(B) as of the time such interest was ac- ment credit. any qualified revitalization building shall quired, such partnership was a renewal com- ‘‘Sec. 1400I. Commercial revitalization de- not exceed the lesser of— munity business (or, in the case of a new duction. ‘‘(1) $10,000,000, or partnership, such partnership was being or- ‘‘Sec. 1400J. Increase in expensing under sec- ‘‘(2) the commercial revitalization expendi- ganized for purposes of being a renewal com- tion 179. ture amount allocated to such building munity business), and under this section by the commercial revi- ‘‘(C) during substantially all of the tax- ‘‘SEC. 1400H. RENEWAL COMMUNITY EMPLOY- MENT CREDIT. talization agency for the State in which the payer’s holding period for such interest, such ‘‘(a) IN GENERAL.—Subject to the modifica- building is located. partnership qualified as a renewal commu- tion in subsection (b), a renewal community ‘‘(d) COMMERCIAL REVITALIZATION EXPENDI- nity business. shall be treated as an empowerment zone for TURE AMOUNT.— A rule similar to the rule of paragraph (2)(B) purposes of section 1396 with respect to shall apply for purposes of this paragraph. ‘‘(1) IN GENERAL.—The aggregate commer- wages paid or incurred after June 30, 2001. cial revitalization expenditure amount ‘‘(4) QUALIFIED COMMUNITY BUSINESS PROP- ‘‘(b) MODIFICATION.—In applying section which a commercial revitalization agency ERTY.— 1396 with respect to renewal communities— may allocate for any calendar year is the ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(1) the applicable percentage shall be 15 amount of the State commercial revitaliza- community business property’ means tan- percent, and tion expenditure ceiling determined under gible property if— ‘‘(2) subsection (c) thereof shall be applied this paragraph for such calendar year for ‘‘(i) such property was acquired by the tax- by substituting ‘$10,000’ for ‘$15,000’ each such agency. payer by purchase (as defined in section place it appears. ‘‘(2) STATE COMMERCIAL REVITALIZATION EX- 179(d)(2)) after June 30, 2001, and before Janu- ‘‘SEC. 1400I. COMMERCIAL REVITALIZATION DE- PENDITURE CEILING.—The State commercial ary 1, 2010, DUCTION. revitalization expenditure ceiling applicable ‘‘(ii) the original use of such property in ‘‘(a) GENERAL RULE.—At the election of the to any State— the renewal community commences with the taxpayer, either— ‘‘(A) for the period after June 30, 2001, and taxpayer, and ‘‘(1) one-half of any qualified revitalization before January 1, 2002, is $6,000,000 for each ‘‘(iii) during substantially all of the tax- expenditures chargeable to capital account renewal community in the State, payer’s holding period for such property, with respect to any qualified revitalization ‘‘(B) for each calendar year after 2001 and substantially all of the use of such property building shall be allowable as a deduction for before 2010 is $12,000,000 for each renewal was in a renewal community business of the the taxable year in which the building is community in the State, and taxpayer. placed in service, or ‘‘(C) for each calendar year thereafter is ‘‘(B) SPECIAL RULE FOR SUBSTANTIAL IM- ‘‘(2) a deduction for all such expenditures zero. PROVEMENTS.—The requirements of clauses shall be allowable ratably over the 120- ‘‘(3) COMMERCIAL REVITALIZATION AGENCY.— (i) and (ii) of subparagraph (A) shall be treat- month period beginning with the month in For purposes of this section, the term ‘com- ed as satisfied with respect to— which the building is placed in service. mercial revitalization agency’ means any ‘‘(i) property which is substantially im- ‘‘(b) QUALIFIED REVITALIZATION BUILDINGS agency authorized by a State to carry out proved by the taxpayer before January 1, AND EXPENDITURES.—For purposes of this 2010, and section— this section. ‘‘(4) TIME AND MANNER OF ALLOCATIONS.— ‘‘(ii) any land on which such property is lo- ‘‘(1) QUALIFIED REVITALIZATION BUILDING.— cated. The term ‘qualified revitalization building’ Allocations under this section shall be made means any building (and its structural com- at the same time and in the same manner as The determination of whether a property is under paragraphs (1) and (7) of section 42(h). substantially improved shall be made under ponents) if— clause (ii) of section 1400B(b)(4)(B), except ‘‘(A) the building is placed in service by ‘‘(e) RESPONSIBILITIES OF COMMERCIAL RE- that ‘June 30, 2001’ shall be substituted for the taxpayer in a renewal community and VITALIZATION AGENCIES.— ‘December 31, 1997’ in such clause. the original use of the building begins with ‘‘(1) PLANS FOR ALLOCATION.—Notwith- ‘‘(c) QUALIFIED CAPITAL GAIN.—For pur- the taxpayer, or standing any other provision of this section, poses of this section— ‘‘(B) in the case of such building not de- the commercial revitalization expenditure ‘‘(1) IN GENERAL.—Except as otherwise pro- scribed in subparagraph (A), such building— amount with respect to any building shall be vided in this subsection, the term ‘qualified ‘‘(i) is substantially rehabilitated (within zero unless— capital gain‘ means any gain recognized on the meaning of section 47(c)(1)(C)) by the ‘‘(A) such amount was allocated pursuant the sale or exchange of— taxpayer, and to a qualified allocation plan of the commer- ‘‘(A) a capital asset, or ‘‘(ii) is placed in service by the taxpayer cial revitalization agency which is approved ‘‘(B) property used in the trade or business after the rehabilitation in a renewal commu- (in accordance with rules similar to the rules (as defined in section 1231(b)). nity. of section 147(f )(2) (other than subparagraph ‘‘(2) GAIN BEFORE JULY 1, 2001, OR AFTER 2014 ‘‘(2) QUALIFIED REVITALIZATION EXPENDI- (B)(ii) thereof)) by the governmental unit of NOT QUALIFIED.—The term ‘qualified capital TURE.— which such agency is a part; and gain’ shall not include any gain attributable ‘‘(A) IN GENERAL.—The term ‘qualified revi- ‘‘(B) such agency notifies the chief execu- to periods before July 1, 2001, or after Decem- talization expenditure’ means any amount tive officer (or its equivalent) of the local ju- ber 31, 2014. properly chargeable to capital account for risdiction within which the building is lo- ‘‘(3) CERTAIN RULES TO APPLY.—Rules simi- property for which depreciation is allowable cated of such allocation and provides such lar to the rules of paragraphs (3), (4), and (5) under section 168 (without regard to this sec- individual a reasonable opportunity to com- of section 1400B(e) shall apply for purposes of tion) and which is— ment on the allocation. this subsection. ‘‘(i) nonresidential real property (as de- ‘‘(2) QUALIFIED ALLOCATION PLAN.—For pur- ‘‘(d) CERTAIN RULES TO APPLY.—For pur- fined in section 168(e)), or poses of this subsection, the term ‘qualified poses of this section, rules similar to the ‘‘(ii) section 1250 property (as defined in allocation plan’ means any plan— rules of paragraphs (5), (6), and (7) of sub- section 1250(c)) which is functionally related ‘‘(A) which sets forth selection criteria to section (b), and subsections (f ) and (g), of and subordinate to property described in be used to determine priorities of the com- section 1400B shall apply; except that for clause (i). mercial revitalization agency which are ap- such purposes section 1400B(g)(2) shall be ap- ‘‘(B) CERTAIN EXPENDITURES NOT IN- propriate to local conditions, plied by substituting ‘July 1, 2001’ for ‘Janu- CLUDED.— ‘‘(B) which considers— ary 1, 1998’ and ‘December 31, 2014’ for ‘De- ‘‘(i) ACQUISITION COST.—In the case of a ‘‘(i) the degree to which a project contrib- cember 31, 2007’. building described in paragraph (1)(B), the utes to the implementation of a strategic ‘‘(e) REGULATIONS.—The Secretary shall cost of acquiring the building or interest plan that is devised for a renewal community prescribe such regulations as may be appro- therein shall be treated as a qualified revi- through a citizen participation process, priate to carry out the purposes of this sec- talization expenditure only to the extent ‘‘(ii) the amount of any increase in perma- tion, including regulations to prevent the that such cost does not exceed 30 percent of nent, full-time employment by reason of any avoidance of the purposes of this section. the aggregate qualified revitalization ex- project, and

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.010 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6801 ‘‘(iii) the active involvement of residents utable to the commercial revitalization de- TITLE II—EXTENSION AND EXPANSION OF and nonprofit groups within the renewal duction under section 1400I.’’ EMPOWERMENT ZONE INCENTIVES community, and (2) Subparagraph (E) of section 469(i)(3), as SEC. 201. AUTHORITY TO DESIGNATE 9 ADDI- ‘‘(C) which provides a procedure that the redesignated by subparagraph (A), is amend- TIONAL EMPOWERMENT ZONES. agency (or its agent) will follow in moni- ed to read as follows: Section 1391 is amended by adding at the toring compliance with this section. ‘‘(E) ORDERING RULES TO REFLECT EXCEP- end the following new subsection: ‘‘(f) SPECIAL RULES.— TIONS AND SEPARATE PHASE-OUTS.—If subpara- ‘‘(h) ADDITIONAL DESIGNATIONS PER- ‘‘(1) DEDUCTION IN LIEU OF DEPRECIATION.— graph (B), (C), or (D) applies for a taxable MITTED.— The deduction provided by this section for year, paragraph (1) shall be applied— ‘‘(1) IN GENERAL.—In addition to the areas qualified revitalization expenditures shall— ‘‘(i) first to the portion of the passive ac- designated under subsections (a) and (g), the ‘‘(A) with respect to the deduction deter- tivity loss to which subparagraph (C) does appropriate Secretaries may designate in the mined under subsection (a)(1), be in lieu of not apply, aggregate an additional 9 nominated areas as any depreciation deduction otherwise allow- ‘‘(ii) second to the portion of the passive empowerment zones under this section, sub- able on account of 1⁄2 of such expenditures, activity credit to which subparagraph (B) or ject to the availability of eligible nominated and (D) does not apply, areas. Of that number, not more than 7 may ‘‘(B) with respect to the deduction deter- ‘‘(iii) third to the portion of such credit to be designated in urban areas and not more mined under subsection (a)(2), be in lieu of which subparagraph (B) applies, than 2 may be designated in rural areas. any depreciation deduction otherwise allow- ‘‘(iv) fourth to the portion of such loss to ‘‘(2) PERIOD DESIGNATIONS MAY BE MADE AND able on account of all of such expenditures. which subparagraph (C) applies, and TAKE EFFECT.—A designation may be made ‘‘(2) BASIS ADJUSTMENT, ETC.—For purposes ‘‘(v) then to the portion of such credit to under this subsection after the date of the of sections 1016 and 1250, the deduction under which subparagraph (D) applies.’’ enactment of this subsection and before Jan- this section shall be treated in the same (3)(A) Subparagraph (B) of section 469(i)(6) uary 1, 2002. Subject to subparagraphs (B) manner as a depreciation deduction. For pur- is amended by striking ‘‘or’’ at the end of and (C) of subsection (d)(1), such designa- poses of section 1250(b)(5), the straight line clause (i), by striking the period at the end tions shall remain in effect during the period method of adjustment shall be determined of clause (ii) and inserting ‘‘, or’’, and by beginning on January 1, 2002, and ending on without regard to this section. adding at the end the following new clause: December 31, 2009. ‘‘(3) SUBSTANTIAL REHABILITATIONS TREAT- ‘‘(iii) any deduction under section 1400I (re- ‘‘(3) MODIFICATIONS TO ELIGIBILITY CRI- ED AS SEPARATE BUILDINGS.—A substantial lating to commercial revitalization deduc- TERIA, ETC.—The rules of subsection (g)(3) rehabilitation (within the meaning of sec- tion).’’ shall apply to designations under this sub- tion 47(c)(1)(C)) of a building shall be treated (B) The heading for such subparagraph (B) section.’’ as a separate building for purposes of sub- is amended by striking ‘‘OR REHABILITATION SEC. 202. EXTENSION OF ENTERPRISE ZONE section (a). CREDIT’’ and inserting ‘‘, REHABILITATION TREATMENT THROUGH 2009. ‘‘(4) CLARIFICATION OF ALLOWANCE OF DE- CREDIT, OR COMMERCIAL REVITALIZATION DE- Subparagraph (A) of section 1391(d)(1) (re- DUCTION UNDER MINIMUM TAX.—Notwith- DUCTION’’. lating to period for which designation is in standing section 56(a)(1), the deduction under (c) CLERICAL AMENDMENT.—The table of effect) is amended to read as follows: this section shall be allowed in determining subchapters for chapter 1 is amended by add- ‘‘(A) December 31, 2009,’’. alternative minimum taxable income under ing at the end the following new item: SEC. 203. 20 PERCENT EMPLOYMENT CREDIT FOR section 55. ALL EMPOWERMENT ZONES ‘‘(g) REGULATIONS.—For purposes of this ‘‘Subchapter X. Renewal Communities.’’. (a) 20 PERCENT CREDIT.—Subsection (b) of section, the Secretary shall, by regulations, section 1396 (relating to empowerment zone provide for the application of rules similar SEC. 102. EXTENSION OF EXPENSING OF ENVI- employment credit) is amended to read as RONMENTAL REMEDIATION COSTS follows: to the rules of section 49 and subsections (a) TO RENEWAL COMMUNITIES; EXTEN- ‘‘(b) APPLICABLE PERCENTAGE.—For pur- and (b) of section 50. SION OF TERMINATION DATE FOR ‘‘(h) TERMINATION.—This section shall not RENEWAL COMMUNITIES AND EM- poses of this section, the applicable percent- apply to any building placed in service after POWERMENT ZONES. age is 20 percent.’’ December 31, 2009. (b) ALL EMPOWERMENT ZONES ELIGIBLE FOR (a) EXTENSION.— CREDIT.—Section 1396 is amended by striking ‘‘SEC. 1400J. INCREASE IN EXPENSING UNDER (1) IN GENERAL.—Subparagraph (A) of sec- SECTION 179. subsection (e). tion 198(c)(2) (defining targeted area) is (c) CONFORMING AMENDMENT.—Subsection ‘‘(a) IN GENERAL.—For purposes of section amended by striking ‘‘and’’ at the end of (d) of section 1400 is amended to read as fol- 1397A— clause (iii), by striking the period at the end lows: ‘‘(1) a renewal community shall be treated of clause (iv) and inserting ‘‘, and’’, and by ‘‘(d) SPECIAL RULE FOR APPLICATION OF EM- as an empowerment zone, adding at the end the following new clause: PLOYMENT CREDIT.—With respect to the DC ‘‘(2) a renewal community business shall be ‘‘(v) any renewal community (as defined in Zone, section 1396(d)(1)(B) (relating to em- treated as an empowerment zone business, section 1400E).’’ powerment zone employment credit) shall be and (2) EFFECTIVE DATE.—The amendment applied by substituting ‘the District of Co- ‘‘(3) qualified renewal property shall be made by paragraph (1) shall apply to expend- lumbia’ for ‘such empowerment zone’.’’ treated as enterprise zone property. itures paid or incurred after June 30, 2001. (d) EFFECTIVE DATE.—The amendments ‘‘(b) QUALIFIED RENEWAL PROPERTY.—For (b) EXTENSION OF TERMINATION DATE.—Sub- made by this section shall apply to wages purposes of this section— section (h) of section 198 is amended by in- paid or incurred after December 31, 2001. ‘‘(1) IN GENERAL.—The term ‘qualified re- serting before the period ‘‘(December 31, 2009, SEC. 204. INCREASED EXPENSING UNDER SEC- newal property’ means any property to in the case of an empowerment zone or re- TION 179. which section 168 applies (or would apply but newal community)’’. (a) IN GENERAL.—Subparagraph (A) of sec- for section 179) if— tion 1397A(a)(1) is amended by striking ‘‘(A) such property was acquired by the SEC. 103. WORK OPPORTUNITY CREDIT FOR HIR- ‘‘$20,000’’ and inserting ‘‘$35,000’’. ING YOUTH RESIDING IN RENEWAL taxpayer by purchase (as defined in section (b) EXPENSING FOR PROPERTY USED IN DE- COMMUNITIES. 179(d)(2)) after June 30, 2001, and before Janu- VELOPABLE SITES.—Section 1397A is amended ary 1, 2010, and (a) HIGH-RISK YOUTH.—Subparagraphs by striking subsection (c). ‘‘(B) such property would be qualified zone (A)(ii) and (B) of section 51(d)(5) are each (c) EFFECTIVE DATE.—The amendments property (as defined in section 1397D) if ref- amended by striking ‘‘empowerment zone or made by this section shall apply to taxable erences to renewal communities were sub- enterprise community’’ and inserting ‘‘em- years beginning after December 31, 2001. stituted for references to empowerment powerment zone, enterprise community, or SEC. 205. HIGHER LIMITS ON TAX-EXEMPT EM- zones in section 1397D. renewal community’’. POWERMENT ZONE FACILITY ‘‘(2) CERTAIN RULES TO APPLY.—The rules of BONDS. (b) QUALIFIED SUMMER YOUTH EMPLOYEE.— subsections (a)(2) and (b) of section 1397D Clause (iv) of section 51(d)(7)(A) is amended (a) IN GENERAL.—Paragraph (3) of section shall apply for purposes of this section.’’. by striking ‘‘empowerment zone or enter- 1394(f) (relating to bonds for empowerment (b) EXCEPTION FOR COMMERCIAL REVITAL- prise community’’ and inserting ‘‘empower- zones designated under section 1391(g)) is IZATION DEDUCTION FROM PASSIVE LOSS ment zone, enterprise community, or re- amended to read as follows: RULES.— newal community’’. ‘‘(3) EMPOWERMENT ZONE FACILITY BOND.— (1) Paragraph (3) of section 469(i) is amend- For purposes of this subsection, the term ed by redesignating subparagraphs (C), (D), (c) HEADINGS.—Paragraphs (5)(B) and (7)(C) ‘empowerment zone facility bond’ means any and (E) as subparagraphs (D), (E), and (F), re- of section 51(d) are each amended by insert- bond which would be described in subsection spectively, and by inserting after subpara- ing ‘‘OR COMMUNITY’’ in the heading after (a) if— graph (B) the following new subparagraph: ‘‘ZONE’’. ‘‘(A) in the case of obligations issued be- ‘‘(C) EXCEPTION FOR COMMERCIAL REVITAL- (d) EFFECTIVE DATE.—The amendments fore January 1, 2002, only empowerment IZATION DEDUCTION.—Subparagraph (A) shall made by this section shall apply to individ- zones designated under section 1391(g) were not apply to any portion of the passive activ- uals who begin work for the employer after taken into account under sections 1397C and ity loss for any taxable year which is attrib- June 30, 2001. 1397D, and

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.010 pfrm02 PsN: H25PT1 H6802 CONGRESSIONAL RECORD — HOUSE July 25, 2000 ‘‘(B) in the case of obligations issued after subsection (a). This paragraph shall not stantially all of the taxpayer’s holding pe- December 31, 2001, all empowerment zones apply for purposes of section 1202. riod for such stock, paragraph (1) shall be ap- (other than the District of Columbia) were ‘‘(5) HOLDING PERIOD.—For purposes of de- plied by substituting ‘60 percent’ for ‘50 per- taken into account under sections 1397C and termining whether the nonrecognition of cent’. 1397D.’’ gain under subsection (a) applies to any ‘‘(B) CERTAIN RULES TO APPLY.—Rules simi- (b) EFFECTIVE DATE.—The amendments qualified empowerment zone asset which is lar to the rules of paragraphs (5) and (7) of made by this section shall apply to obliga- sold— section 1400B(b) shall apply for purposes of tions issued after December 31, 2001. ‘‘(A) the taxpayer’s holding period for such this paragraph. SEC. 206. NONRECOGNITION OF GAIN ON ROLL- asset and the asset referred to in subsection ‘‘(C) GAIN AFTER 2014 NOT QUALIFIED.—Sub- OVER OF EMPOWERMENT ZONE IN- (a)(1) shall be determined without regard to paragraph (A) shall not apply to gain attrib- VESTMENTS. section 1223, and utable to periods after December 31, 2014. (a) IN GENERAL.—Part III of subchapter U ‘‘(B) only the first year of the taxpayer’s ‘‘(D) TREATMENT OF DC ZONE.—The District of chapter 1 is amended— holding period for the asset referred to in of Columbia Enterprise Zone shall not be (1) by redesignating subpart C as subpart subsection (a)(1) shall be taken into account treated as an empowerment zone for pur- D, for purposes of paragraphs (2)(A)(iii), (3)(C), poses of this paragraph.’’ (2) by redesignating sections 1397B and and (4)(A)(iii) of section 1400F(b).’’ (b) CONFORMING AMENDMENT.—Paragraph 1397C as sections 1397C and 1397D, respec- (b) CONFORMING AMENDMENTS.— (8) of section 1(h) is amended by striking tively, and (1) Paragraph (23) of section 1016(a) is ‘‘means’’ and all that follows and inserting (3) by inserting after subpart B the fol- amended— ‘‘means the excess of— lowing new subpart: (A) by striking ‘‘or 1045’’ and inserting ‘‘(A) the gain which would be excluded ‘‘Subpart C—Nonrecognition of Gain on ‘‘1045, or 1397B’’, and from gross income under section 1202 but for Rollover of Empowerment Zone Investments (B) by striking ‘‘or 1045(b)(4)’’ and inserting the percentage limitation in section 1202(a), ‘‘1045(b)(4), or 1397B(b)(4)’’. over ‘‘Sec. 1397B. Nonrecognition of Gain on Roll- (2) Paragraph (15) of section 1223 is amend- ‘‘(B) the gain excluded from gross income over of Empowerment Zone In- ed to read as follows: under section 1202.’’ vestments. (c) EFFECTIVE DATE.—The amendments ‘‘(15) Except for purposes of sections made by this section shall apply to stock ac- ‘‘SEC. 1397B. NONRECOGNITION OF GAIN ON 1202(a)(2), 1202(c)(2)(A), 1400B(b), and 1400F(b), ROLLOVER OF EMPOWERMENT quired after the date of the enactment of in determining the period for which the tax- ZONE INVESTMENTS. this Act. payer has held property the acquisition of ‘‘(a) NONRECOGNITION OF GAIN.—In the case TITLE III—NEW MARKETS TAX CREDIT of any sale of a qualified empowerment zone which resulted under section 1045 or 1397B in SEC. 301. NEW MARKETS TAX CREDIT. asset held by the taxpayer for more than 1 the nonrecognition of any part of the gain realized on the sale of other property, there (a) IN GENERAL.—Subpart D of part IV of year and with respect to which such tax- subchapter A of chapter 1 (relating to busi- payer elects the application of this section, shall be included the period for which such other property has been held as of the date of ness-related credits) is amended by adding at gain from such sale shall be recognized only the end the following new section: to the extent that the amount realized on such sale.’’ ‘‘SEC. 45D. NEW MARKETS TAX CREDIT. such sale exceeds— (3) Paragraph (2) of section 1394(b) is ‘‘(a) ALLOWANCE OF CREDIT.— ‘‘(1) the cost of any qualified empowerment amended— (A) by striking ‘‘section 1397C’’ and insert- ‘‘(1) IN GENERAL.—For purposes of section zone asset (with respect to the same zone as 38, in the case of a taxpayer who holds a the asset sold) purchased by the taxpayer ing ‘‘section 1397D’’, and (B) by striking ‘‘section 1397C(a)(2)’’ and qualified equity investment on a credit al- during the 60-day period beginning on the lowance date of such investment which oc- date of such sale, reduced by inserting ‘‘section 1397D(a)(2)’’. (4) Paragraph (3) of section 1394(b) is curs during the taxable year, the new mar- ‘‘(2) any portion of such cost previously kets tax credit determined under this section taken into account under this section. amended— (A) by striking ‘‘section 1397B’’ each place for such taxable year is an amount equal to ‘‘(b) DEFINITIONS AND SPECIAL RULES.—For the applicable percentage of the amount paid purposes of this section— it appears and inserting ‘‘section 1397C’’, and (B) by striking ‘‘section 1397B(d)’’ and in- to the qualified community development en- ‘‘(1) QUALIFIED EMPOWERMENT ZONE tity for such investment at its original issue. ASSET.— serting ‘‘section 1397C(d)’’. (5) Sections 1400(e) and 1400B(c) are each ‘‘(2) APPLICABLE PERCENTAGE.—For pur- ‘‘(A) IN GENERAL.—The term ‘qualified em- poses of paragraph (1), the applicable per- powerment zone asset’ means any property amended by striking ‘‘section 1397B’’ each place it appears and inserting ‘‘section centage is— which would be a qualified community asset ‘‘(A) 5 percent with respect to the first 3 (as defined in section 1400F) if in section 1397C’’. (6) The table of subparts for part III of sub- credit allowance dates, and 1400F— ‘‘(B) 6 percent with respect to the remain- chapter U of chapter 1 is amended by strik- ‘‘(i) references to empowerment zones were der of the credit allowance dates. ing the last item and inserting the following substituted for references to renewal com- ‘‘(3) CREDIT ALLOWANCE DATE.—For pur- new items: munities, poses of paragraph (1), the term ‘credit al- ‘‘(ii) references to enterprise zone busi- ‘‘Subpart C. Nonrecognition of gain on roll- lowance date’ means, with respect to any nesses (as defined in section 1397C) were sub- over of empowerment zone in- qualified equity investment— stituted for references to renewal commu- vestments. ‘‘(A) the date on which such investment is nity businesses, and ‘‘Subpart D. General provisions.’’ initially made, and ‘‘(iii) the date of the enactment of this (7) The table of sections for subpart D of ‘‘(B) each of the 6 anniversary dates of paragraph were substituted for ‘December 31, such part III is amended to read as follows: such date thereafter. 2001’ each place it appears. ‘‘(b) QUALIFIED EQUITY INVESTMENT.—For ‘‘(B) TREATMENT OF DC ZONE.—The District ‘‘Sec. 1397C. Enterprise zone business de- purposes of this section— of Columbia Enterprise Zone shall not be fined. ‘‘(1) IN GENERAL.—The term ‘qualified eq- treated as an empowerment zone for pur- ‘‘Sec. 1397D. Qualified zone property de- uity investment’ means any equity invest- poses of this section. fined.’’ ment in a qualified community development ‘‘(2) CERTAIN GAIN NOT ELIGIBLE FOR ROLL- (c) EFFECTIVE DATE.—The amendments entity if— OVER.—This section shall not apply to— made by this section shall apply to qualified ‘‘(A) such investment is acquired by the ‘‘(A) any gain which is treated as ordinary empowerment zone assets acquired after the taxpayer at its original issue (directly or income for purposes of this subtitle, and date of the enactment of this Act. through an underwriter) solely in exchange ‘‘(B) any gain which is attributable to real SEC. 207. INCREASED EXCLUSION OF GAIN ON for cash, property, or an intangible asset, which is not SALE OF EMPOWERMENT ZONE ‘‘(B) substantially all of such cash is used an integral part of an enterprise zone busi- STOCK. by the qualified community development en- ness. (a) IN GENERAL.—Subsection (a) of section tity to make qualified low-income commu- ‘‘(3) PURCHASE.—A taxpayer shall be treat- 1202 is amended to read as follows: nity investments, and ed as having purchased any property if, but ‘‘(a) EXCLUSION.— ‘‘(C) such investment is designated for pur- for paragraph (4), the unadjusted basis of ‘‘(1) IN GENERAL.—In the case of a taxpayer poses of this section by the qualified commu- such property in the hands of the taxpayer other than a corporation, gross income shall nity development entity. would be its cost (within the meaning of sec- not include 50 percent of any gain from the Such term shall not include any equity in- tion 1012). sale or exchange of qualified small business vestment issued by a qualified community ‘‘(4) BASIS ADJUSTMENTS.—If gain from any stock held for more than 5 years. development entity more than 5 years after sale is not recognized by reason of subsection ‘‘(2) EMPOWERMENT ZONE BUSINESSES.— the date that such entity receives an alloca- (a), such gain shall be applied to reduce (in ‘‘(A) IN GENERAL.—In the case of qualified tion under subsection (f). Any allocation not the order acquired) the basis for determining small business stock acquired after the date used within such 5-year period may be reallo- gain or loss of any qualified empowerment of the enactment of this paragraph in a cor- cated by the Secretary under subsection (f). zone asset which is purchased by the tax- poration which is a qualified business entity ‘‘(2) LIMITATION.—The maximum amount of payer during the 60-day period described in (as defined in section 1397C(b)) during sub- equity investments issued by a qualified

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.010 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6803 community development entity which may ‘‘(ii) a substantial portion of the use of the by the Secretary among qualified commu- be designated under paragraph (1)(C) by such tangible property of such entity (whether nity development entities selected by the entity shall not exceed the portion of the owned or leased) is within any low-income Secretary. In making allocations under the limitation amount allocated under sub- community, preceding sentence, the Secretary shall give section (f) to such entity. ‘‘(iii) a substantial portion of the services priority to entities with records of having ‘‘(3) SAFE HARBOR FOR DETERMINING USE OF performed for such entity by its employees successfully provided capital or technical as- CASH.—The requirement of paragraph (1)(B) are performed in any low-income commu- sistance to disadvantaged businesses or com- shall be treated as met if at least 85 percent nity, munities. of the aggregate gross assets of the qualified ‘‘(iv) less than 5 percent of the average of ‘‘(3) CARRYOVER OF UNUSED LIMITATION.—If community development entity are invested the aggregate unadjusted bases of the prop- the new markets tax credit limitation for in qualified low-income community invest- erty of such entity is attributable to collect- any calendar year exceeds the aggregate ments. ibles (as defined in section 408(m)(2)) other amount allocated under paragraph (2) for ‘‘(4) TREATMENT OF SUBSEQUENT PUR- than collectibles that are held primarily for such year, such limitation for the succeeding CHASERS.—The term ‘qualified equity invest- sale to customers in the ordinary course of calendar year shall be increased by the ment’ includes any equity investment which such business, and amount of such excess. No amount may be would (but for paragraph (1)(A)) be a quali- ‘‘(v) less than 5 percent of the average of carried under the preceding sentence to any fied equity investment in the hands of the the aggregate unadjusted bases of the prop- calendar year after 2014. taxpayer if such investment was a qualified erty of such entity is attributable to non- ‘‘(g) RECAPTURE OF CREDIT IN CERTAIN equity investment in the hands of a prior qualified financial property (as defined in CASES.— holder. section 1397C(e)). ‘‘(1) IN GENERAL.—If, at any time during ‘‘(5) REDEMPTIONS.—A rule similar to the ‘‘(B) PROPRIETORSHIP.—Such term shall in- the 7-year period beginning on the date of rule of section 1202(c)(3) shall apply for pur- clude any business carried on by an indi- the original issue of a qualified equity in- poses of this subsection. vidual as a proprietor if such business would vestment in a qualified community develop- ‘‘(6) EQUITY INVESTMENT.—The term ‘equity meet the requirements of subparagraph (A) ment entity, there is a recapture event with investment’ means— were it incorporated. respect to such investment, then the tax im- ‘‘(A) any stock (other than nonqualified ‘‘(C) PORTIONS OF BUSINESS MAY BE QUALI- posed by this chapter for the taxable year in preferred stock as defined in section FIED ACTIVE LOW-INCOME COMMUNITY BUSI- which such event occurs shall be increased 351(g)(2)) in an entity which is a corporation, NESS.—The term ‘qualified active low-income by the credit recapture amount. and community business’ includes any trades or ‘‘(2) CREDIT RECAPTURE AMOUNT.—For pur- ‘‘(B) any capital interest in an entity businesses which would qualify as a qualified poses of paragraph (1), the credit recapture which is a partnership. active low-income community business if amount is an amount equal to the sum of— such trades or businesses were separately in- ‘‘(c) QUALIFIED COMMUNITY DEVELOPMENT ‘‘(A) the aggregate decrease in the credits corporated. ENTITY.—For purposes of this section— allowed to the taxpayer under section 38 for ‘‘(3) QUALIFIED BUSINESS.—For purposes of ‘‘(1) IN GENERAL.—The term ‘qualified com- all prior taxable years which would have re- this subsection, the term ‘qualified business’ munity development entity’ means any do- sulted if no credit had been determined has the meaning given to such term by sec- under this section with respect to such in- mestic corporation or partnership if— tion 1397C(d); except that— vestment, plus ‘‘(A) the primary mission of the entity is ‘‘(A) in lieu of applying paragraph (2)(B) ‘‘(B) interest at the overpayment rate es- serving, or providing investment capital for, thereof, the rental to others of real property tablished under section 6621 on the amount low-income communities or low-income per- located in any low-income community shall determined under subparagraph (A) for each sons, be treated as a qualified business if there are prior taxable year for the period beginning ‘‘(B) the entity maintains accountability substantial improvements located on such on the due date for filing the return for the to residents of low-income communities property, prior taxable year involved. through representation on governing or advi- ‘‘(B) paragraph (3) thereof shall not apply, sory boards or otherwise, and and No deduction shall be allowed under this ‘‘(C) the entity is certified by the Sec- ‘‘(C) such term shall not include any busi- chapter for interest described in subpara- retary for purposes of this section as being a ness if a significant portion of the equity in- graph (B). qualified community development entity. terests in such business are held by any per- ‘‘(3) RECAPTURE EVENT.—For purposes of ‘‘(2) SPECIAL RULES FOR CERTAIN ORGANIZA- son who holds a significant portion of the eq- paragraph (1), there is a recapture event with TIONS.—The requirements of paragraph (1) uity investments in the community develop- respect to an equity investment in a quali- shall be treated as met by— ment entity. fied community development entity if— ‘‘(A) any specialized small business invest- ‘‘(e) LOW-INCOME COMMUNITY.—For pur- ‘‘(A) such entity ceases to be a qualified ment company (as defined in section poses of this section— community development entity, 1044(c)(3)), and ‘‘(1) IN GENERAL.—The term ‘low-income ‘‘(B) the proceeds of the investment cease ‘‘(B) any community development finan- community’ means any population census to be used as required of subsection (b)(1)(B), cial institution (as defined in section 103 of tract if— or the Community Development Banking and ‘‘(A) the poverty rate for such tract is at ‘‘(C) such investment is redeemed by such Financial Institutions Act of 1994 (12 U.S.C. least 20 percent, or entity. 4702)). ‘‘(B)(i) in the case of a tract not located ‘‘(4) SPECIAL RULES.— ‘‘(d) QUALIFIED LOW-INCOME COMMUNITY IN- within a metropolitan area, the median fam- ‘‘(A) TAX BENEFIT RULE.—The tax for the VESTMENTS.—For purposes of this section— ily income for such tract does not exceed 80 taxable year shall be increased under para- ‘‘(1) IN GENERAL.—The term ‘qualified low- percent of statewide median family income, graph (1) only with respect to credits allowed income community investment’ means— or by reason of this section which were used to ‘‘(A) any equity investment in, or loan to, ‘‘(ii) in the case of a tract located within a reduce tax liability. In the case of credits any qualified active low-income community metropolitan area, the median family in- not so used to reduce tax liability, the business, come for such tract does not exceed 80 per- carryforwards and carrybacks under section ‘‘(B) the purchase from another commu- cent of the greater of statewide median fam- 39 shall be appropriately adjusted. nity development entity of any loan made by ily income or the metropolitan area median ‘‘(B) NO CREDITS AGAINST TAX.—Any in- such entity which is a qualified low-income family income. crease in tax under this subsection shall not community investment, ‘‘(2) AREAS NOT WITHIN CENSUS TRACTS.—In be treated as a tax imposed by this chapter ‘‘(C) financial counseling and other serv- the case of an area which is not tracted for for purposes of determining the amount of ices specified in regulations prescribed by population census tracts, the equivalent any credit under this chapter or for purposes the Secretary to businesses located in, and county divisions (as defined by the Bureau of of section 55. residents of, low-income communities, and the Census for purposes of defining poverty ‘‘(h) BASIS REDUCTION.—The basis of any ‘‘(D) any equity investment in, or loan to, areas) shall be used for purposes of deter- qualified equity investment shall be reduced any qualified community development enti- mining poverty rates and median family in- by the amount of any credit determined ty. come. under this section with respect to such in- ‘‘(2) QUALIFIED ACTIVE LOW-INCOME COMMU- ‘‘(f) NATIONAL LIMITATION ON AMOUNT OF vestment. This subsection shall not apply for NITY BUSINESS.— INVESTMENTS DESIGNATED.— purposes of sections 1202, 1400B, and 1400F. ‘‘(A) IN GENERAL.—For purposes of para- ‘‘(1) IN GENERAL.—There is a new markets ‘‘(i) REGULATIONS.—The Secretary shall graph (1), the term ‘qualified active low-in- tax credit limitation for each calendar year. prescribe such regulations as may be appro- come community business’ means, with re- Such limitation is— priate to carry out this section, including spect to any taxable year, any corporation or ‘‘(A) $1,000,000,000 for 2001, regulations— partnership if for such year— ‘‘(B) $1,500,000,000 for 2002 and 2003, ‘‘(1) which limit the credit for investments ‘‘(i) at least 50 percent of the total gross ‘‘(C) $2,000,000,000 for 2004 and 2005, which are directly or indirectly subsidized by income of such entity is derived from the ac- ‘‘(E) $3,500,000,000 for 2006 and 2007. other Federal tax benefits (including the tive conduct of a qualified business within ‘‘(2) ALLOCATION OF LIMITATION.—The limi- credit under section 42 and the exclusion any low-income community, tation under paragraph (1) shall be allocated from gross income under section 103),

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‘‘(2) which prevent the abuse of the pur- ‘‘For calendar year: The applicable CATION PRIORITIES.—Subparagraph (A) of sec- poses of this section, amount is: tion 42(m)(1) (relating to responsibilities of ‘‘(3) which provide rules for determining 2001 ...... $1.35 housing credit agencies) is amended by strik- whether the requirement of subsection 2002 ...... 1.45 ing ‘‘and’’ at the end of clause (i), by striking (b)(1)(B) is treated as met, 2003 ...... 1.55 the period at the end of clause (ii) and insert- 2004 ...... 1.65 ‘‘(4) which impose appropriate reporting re- 2005 ...... 1.70 ing a comma, and by adding at the end the quirements, and 2006 and thereafter ...... 1.75.’’. following new clauses: ‘‘(5) which apply the provisions of this sec- (c) ADJUSTMENT OF STATE CEILING FOR IN- ‘‘(iii) a comprehensive market study of the tion to newly formed entities.’’ CREASES IN COST-OF-LIVING.—Paragraph (3) of housing needs of low-income individuals in (b) CREDIT MADE PART OF GENERAL BUSI- section 42(h) (relating to housing credit dol- the area to be served by the project is con- NESS CREDIT.— lar amount for agencies), as amended by sub- ducted before the credit allocation is made (1) IN GENERAL.—Subsection (b) of section section (c), is amended by adding at the end and at the developer’s expense by a disin- 38 is amended by striking ‘‘plus’’ at the end the following new subparagraph: terested party who is approved by such agen- of paragraph (11), by striking the period at ‘‘(I) COST-OF-LIVING ADJUSTMENT.— cy, and the end of paragraph (12) and inserting ‘‘, ‘‘(i) IN GENERAL.—In the case of a calendar ‘‘(iv) a written explanation is available to plus’’, and by adding at the end the following year after 2006, the $2,000,000 in subparagraph the general public for any allocation of a new paragraph: (C) and the $1.75 amount in subparagraph (H) housing credit dollar amount which is not ‘‘(13) the new markets tax credit deter- shall each be increased by an amount equal made in accordance with established prior- mined under section 45D(a).’’ to— ities and selection criteria of the housing (2) LIMITATION ON CARRYBACK.—Subsection ‘‘(I) such dollar amount, multiplied by credit agency.’’. (d) of section 39 is amended by adding at the ‘‘(II) the cost-of-living adjustment deter- (b) SITE VISITS.—Clause (iii) of section end the following new paragraph: mined under section 1(f)(3) for such calendar 42(m)(1)(B) (relating to qualified allocation ‘‘(9) NO CARRYBACK OF NEW MARKETS TAX year by substituting ‘calendar year 2005’ for plan) is amended by inserting before the pe- CREDIT BEFORE JANUARY 1, 2001.—No portion of ‘calendar year 1992’ in subparagraph (B) riod ‘‘and in monitoring for noncompliance the unused business credit for any taxable thereof. with habitability standards through regular year which is attributable to the credit ‘‘(ii) ROUNDING.— site visits’’. under section 45D may be carried back to a ‘‘(I) In the case of the amount in subpara- taxable year ending before January 1, 2001.’’ graph (C), any increase under clause (i) SEC. 404. MODIFICATIONS TO RULES RELATING which is not a multiple of $5,000 shall be TO BASIS OF BUILDING WHICH IS EL- (c) DEDUCTION FOR UNUSED CREDIT.—Sub- IGIBLE FOR CREDIT. section (c) of section 196 is amended by strik- rounded to the next lowest multiple of $5,000. (a) ADJUSTED BASIS TO INCLUDE PORTION OF ing ‘‘and’’ at the end of paragraph (7), by ‘‘(II) In the case of the amount in subpara- striking the period at the end of paragraph graph (H), any increase under clause (i) CERTAIN BUILDINGS USED BY LOW-INCOME IN- (8) and inserting ‘‘, and’’, and by adding at which is not a multiple of 5 cents shall be DIVIDUALS WHO ARE NOT TENANTS AND BY the end the following new paragraph: rounded to the next lowest multiple of 5 PROJECT EMPLOYEES.—Paragraph (4) of sec- ‘‘(9) the new markets tax credit determined cents.’’. tion 42(d) (relating to special rules relating under section 45D(a).’’ (d) CONFORMING AMENDMENTS.— to determination of adjusted basis) is (1) Section 42(h)(3)(C), as amended by sub- amended— (d) CLERICAL AMENDMENT.—The table of section (a), is amended— (1) by striking ‘‘subparagraph (B)’’ in sub- sections for subpart D of part IV of sub- (A) by striking ‘‘clause (ii)’’ in the matter paragraph (A) and inserting ‘‘subparagraphs chapter A of chapter 1 is amended by adding following clause (iv) and inserting ‘‘clause (B) and (C)’’; at the end the following new item: (i)’’; and (2) by redesignating subparagraph (C) as ‘‘Sec. 45D. New markets tax credit.’’ (B) by striking ‘‘clauses (i)’’ in the matter subparagraph (D); and following clause (iv) and inserting ‘‘clauses (3) by inserting after subparagraph (B) the (e) EFFECTIVE DATE.—The amendments (ii)’’. following new subparagraph: made by this section shall apply to invest- (2) Section 42(h)(3)(D)(ii) is amended— ‘‘(C) INCLUSION OF BASIS OF PROPERTY USED ments made after December 31, 2000. (A) by striking ‘‘subparagraph (C)(ii)’’ and TO PROVIDE SERVICES FOR CERTAIN NONTEN- (f) REGULATIONS ON ALLOCATION OF NA- inserting ‘‘subparagraph (C)(i)’’; and ANTS.— TIONAL LIMITATION.—Not later than 60 days (B) by striking ‘‘clauses (i)’’ in subclause ‘‘(i) IN GENERAL.—The adjusted basis of any after the date of the enactment of this Act, (II) and inserting ‘‘clauses (ii)’’. building located in a qualified census tract the Secretary of the Treasury or the Sec- (e) EFFECTIVE DATE.—The amendments (as defined in paragraph (5)(C)) shall be de- retary’s delegate shall prescribe regulations made by this section shall apply to calendar termined by taking into account the ad- which specify— years after 2000. justed basis of property (of a character sub- (1) how entities shall apply for an alloca- SEC. 402. MODIFICATION OF CRITERIA FOR ALLO- ject to the allowance for depreciation and tion under section 45D(f)(2) of the Internal CATING HOUSING CREDITS AMONG not otherwise taken into account) used Revenue Code of 1986, as added by this sec- PROJECTS. throughout the taxable year in providing tion, (a) SELECTION CRITERIA.—Subparagraph (C) any community service facility. (2) the competitive procedure through of section 42(m)(1) (relating to certain selec- ‘‘(ii) LIMITATION.—The increase in the ad- which such allocations are made, and tion criteria must be used) is amended— justed basis of any building which is taken (3) the actions that such Secretary or dele- (1) by inserting ‘‘, including whether the into account by reason of clause (i) shall not gate shall take to ensure that such alloca- project includes the use of existing housing exceed 10 percent of the eligible basis of the tions are properly made to appropriate enti- as part of a community revitalization plan’’ qualified low-income housing project of ties. before the comma at the end of clause (iii); which it is a part. For purposes of the pre- and ceding sentence, all community service fa- TITLE IV—IMPROVEMENTS IN LOW- (2) by striking clauses (v), (vi), and (vii) cilities which are part of the same qualified INCOME HOUSING CREDIT and inserting the following new clauses: low-income housing project shall be treated SEC. 401. MODIFICATION OF STATE CEILING ON ‘‘(v) tenant populations with special hous- as one facility. ing needs, LOW-INCOME HOUSING CREDIT. ‘‘(iii) COMMUNITY SERVICE FACILITY.—For ‘‘(vi) public housing waiting lists, (a) IN GENERAL.—Clauses (i) and (ii) of sec- purposes of this subparagraph, the term ‘‘(vii) tenant populations of individuals tion 42(h)(3)(C) (relating to State housing ‘community service facility’ means any fa- with children, and credit ceiling) are amended to read as fol- cility designed to serve primarily individuals ‘‘(viii) projects intended for eventual ten- lows: whose income is 60 percent or less of area ant ownership.’’. ‘‘(i) the unused State housing credit ceiling median income (within the meaning of sub- (b) PREFERENCE FOR COMMUNITY REVITAL- section (g)(1)(B)).’’. (if any) of such State for the preceding cal- IZATION PROJECTS LOCATED IN QUALIFIED CEN- endar year, SUS TRACTS.—Clause (ii) of section (b) CERTAIN NATIVE AMERICAN HOUSING AS- ‘‘(ii) the greater of— 42(m)(1)(B) is amended by striking ‘‘and’’ at SISTANCE DISREGARDED IN DETERMINING ‘‘(I) the applicable amount under subpara- the end of subclause (I), by adding ‘‘and’’ at WHETHER BUILDING IS FEDERALLY SUBSIDIZED graph (H) multiplied by the State popu- the end of subclause (II), and by inserting FOR PURPOSES OF THE LOW-INCOME HOUSING lation, or after subclause (II) the following new sub- CREDIT.—Subparagraph (E) of section 42(i)(2) ‘‘(II) $2,000,000,’’. clause: (relating to determination of whether build- (b) APPLICABLE AMOUNT.—Paragraph (3) of ‘‘(III) projects which are located in quali- ing is federally subsidized) is amended— section 42(h) (relating to housing credit dol- fied census tracts (as defined in subsection (1) in clause (i), by inserting ‘‘or the Native lar amount for agencies) is amended by add- (d)(5)(C)) and the development of which con- American Housing Assistance and Self-De- ing at the end the following new subpara- tributes to a concerted community revital- termination Act of 1996 (25 U.S.C. 4101 et graph: ization plan,’’. seq.) (as in effect on October 1, 1997)’’ after ‘‘(H) APPLICABLE AMOUNT OF STATE CEIL- SEC. 403. ADDITIONAL RESPONSIBILITIES OF ‘‘this subparagraph)’’; and ING.—For purposes of subparagraph (C)(ii), HOUSING CREDIT AGENCIES. (2) in the subparagraph heading, by insert- the applicable amount shall be determined (a) MARKET STUDY; PUBLIC DISCLOSURE OF ing ‘‘OR NATIVE AMERICAN HOUSING ASSIST- under the following table: RATIONALE FOR NOT FOLLOWING CREDIT ALLO- ANCE’’ after ‘‘HOME ASSISTANCE’’.

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(2) unequal access to economic opportuni- (i) in the case of a corporate entity, the (a) ALLOCATION OF CREDIT LIMIT TO CER- ties continues to make the social costs of paid-in capital and paid-in surplus of the cor- TAIN BUILDINGS.— joblessness and poverty to our Nation very porate entity; (1) The first sentence of section high; and (ii) in the case of a partnership entity, the 42(h)(1)(E)(ii) is amended by striking ‘‘(as of’’ (3) there are significant untapped markets contributed capital of the partners of the the first place it appears and inserting ‘‘(as in our Nation, and many of these are in areas partnership entity; of the later of the date which is 6 months that are underserved by institutions that can (iii) in the case of a limited liability com- after the date that the allocation was made make equity and credit investments. pany entity, the equity investment of the or’’. (b) PURPOSES.—The purposes of this title members of the limited liability company (2) The last sentence of section 42(h)(3)(C) are to— entity; and is amended by striking ‘‘project which’’ and (1) license private for profit community de- (iv) earnings from investments of the enti- inserting ‘‘project which fails to meet the 10 velopment entities that will focus on making ty that are not distributed to investors and percent test under paragraph (1)(E)(ii) on a equity and credit investments for large-scale are available for reinvestment by the entity. date after the close of the calendar year in business developments that benefit low-in- (B) EXCLUSIONS.—Such term does not in- which the allocation was made or which’’. come communities; clude any— (b) DETERMINATION OF WHETHER BUILDINGS (2) provide credit enhancement for those (i) funds borrowed by an entity from any ARE LOCATED IN HIGH COST AREAS.—The first entities for use in low-income communities; source or obtained through the issuance of sentence of section 42(d)(5)(C)(ii)(I) is and leverage; except that this clause may not be amended— (3) provide a vehicle under which the eco- construed to exclude amounts evidenced by a (1) by inserting ‘‘either’’ before ‘‘in which nomic and social returns on financial invest- legally binding and irrevocable investment 50 percent’’; and ments made pursuant to this title may be commitment in the entity, or the use by an (2) by inserting before the period ‘‘or which available both to the investors in these enti- entity of a pledge of such investment com- has a poverty rate of at least 25 percent’’. ties and to the residents of the low-income mitment to obtain bridge financing from a SEC. 406. CARRYFORWARD RULES. communities. private lender to fund the entity’s activities (a) IN GENERAL.—Clause (ii) of section on an interim basis; or 42(h)(3)(D) (relating to unused housing credit SEC. 603. DEFINITIONS. (ii) funds obtained directly or indirectly carryovers allocated among certain States) As used in this title: from any Federal, State, or local govern- is amended by striking ‘‘the excess’’ and all (1) ADMINISTRATOR.—The term ‘‘Adminis- ment or any government agency, except that follows and inserting ‘‘the excess (if trator’’ means the Administrator of the for— any) of— Small Business Administration. (I) funds invested by an employee welfare ‘‘(I) the unused State housing credit ceil- (2) AGENCY.—The term ‘‘agency’’ has the benefit plan or pension plan; and ing for the year preceding such year, over meaning given such term in section 551(1) of (II) credits against any Federal, State, or ‘‘(II) the aggregate housing credit dollar title 5, United States Code. local taxes. amount allocated for such year.’’. (3) APIC.—The term ‘‘APIC’’ means a busi- (10) QUALIFIED ACTIVE BUSINESS.—The term (b) CONFORMING AMENDMENT.—The second ness entity that has been licensed under the ‘‘qualified active business’’ means a business sentence of section 42(h)(3)(C) (relating to terms of this title as an America’s Private or trade— State housing credit ceiling) is amended by Investment Company, and the license of (A) that, at the time that an investment is striking ‘‘clauses (i) and (iii)’’ and inserting which has not been revoked. made in the business or trade, is deriving at ‘‘clauses (i) through (iv)’’. (4) COMMUNITY DEVELOPMENT ENTITY.—The least 50 percent of its gross income from the SEC. 407. EFFECTIVE DATE. term ‘‘community development entity’’ conduct of trade or business activities in Except as otherwise provided in this title, means an entity the primary mission of low-income communities; the amendments made by this title shall which is serving or providing investment (B) a substantial portion of the use of the apply to— capital for low-income communities or low- tangible property of which is used within (1) housing credit dollar amounts allocated income persons and which maintains ac- low-income communities; after December 31, 2000; and countability to residents of low-income com- (C) a substantial portion of the services (2) buildings placed in service after such munities. that the employees of which perform are per- date to the extent paragraph (1) of section (5) HUD.—The term ‘‘HUD’’ means the Sec- formed in low-income communities; and 42(h) of the Internal Revenue Code of 1986 retary of Housing and Urban Development or (D) less than 5 percent of the aggregate does not apply to any building by reason of the Department of Housing and Urban Devel- unadjusted bases of the property of which is paragraph (4) thereof, but only with respect opment, as the context requires. attributable to certain financial property, as to bonds issued after such date. (6) LICENSE.—The term ‘‘license’’ means a the Secretary shall set forth in regulations, TITLE V—PRIVATE ACTIVITY BOND license issued by HUD as provided in section or in collectibles, other than collectibles VOLUME CAP 604. held primarily for sale to customers. SEC. 501. ACCELERATION OF PHASE-IN OF IN- (7) LOW-INCOME COMMUNITY.—The term (11) QUALIFIED DEBENTURE.—The term CREASE IN VOLUME CAP ON PRI- ‘‘low-income community’’ means— ‘‘qualified debenture’’ means a debt instru- VATE ACTIVITY BONDS. (A) a census tract or tracts that have— ment having terms that meet the require- (a) IN GENERAL.—The table contained in (i) a poverty rate of 20 percent or greater, ments established pursuant to section section 146(d)(2) (relating to per capita limit; based on the most recent census data; or 606(c)(1). aggregate limit) is amended to read as fol- (ii) a median family income that does not (12) QUALIFIED LOW-INCOME COMMUNITY IN- lows: exceed 80 percent of the greater of (I) the me- VESTMENT.—The term ‘‘qualified low-income dian family income for the metropolitan community investment’’ mean an equity in- area in which such census tract or tracts are vestment in, or a loan to, a qualified active ‘‘Calendar business. Year Per Capita Limit Aggregate Limit located, or (II) the median family income for the State in which such census tract or (13) SECRETARY.—The term ‘‘Secretary’’ 2001 ...... $55.00 $165,000,000 tracts are located; or means the Secretary of Housing and Urban 2002 ...... 60.00 180,000,000 (B) a property that was located on a mili- Development, unless otherwise specified in 2003 ...... 65.00 195,000,000 tary installation that was closed or re- this title. 2004, 2005, 70.00 210,000,000 and 2006. aligned pursuant to title II of the Defense SEC. 604. AUTHORIZATION. Authorization Amendments and Base Clo- 2007 and 75.00 225,000,000.’’. (a) LICENSES.—The Secretary is authorized sure and Realignment Act (Public Law 100– thereafter. to license community development entities 526; 10 U.S.C. 2687 note), the Defense Base (b) EFFECTIVE DATE.—The amendment as America’s Private Investment Companies, Closure and Realignment Act of 1990 (part A made by this section shall apply to calendar in accordance with the terms of this title. of title XXIX of Public Law 101–510; 10 U.S.C. years beginning after 2000. 2687 note), section 2687 of title 10, United (b) REGULATIONS.—The Secretary shall reg- TITLE VI—AMERICA’S PRIVATE States Code, or any other similar law en- ulate APICs for compliance with sound fi- INVESTMENT COMPANIES acted after the date of the enactment of this nancial management practices, and the pro- SEC. 601. SHORT TITLE. Act that provides for closure or realignment gram and procedural goals of this title and This title may be cited as the ‘‘America’s of military installations. other related Acts, and other purposes as re- Private Investment Companies Act’’. (8) LOW-INCOME PERSON.—The term ‘‘low-in- quired or authorized by this title, or deter- SEC. 602. FINDINGS AND PURPOSES. come person’’ means a person who is a mem- mined by the Secretary. The Secretary shall (a) FINDINGS.—The Congress finds that— ber of a low-income family, as such term is issue such regulations as are necessary to (1) people living in distressed areas, both defined in section 104 of the Cranston-Gon- carry out the licensing and regulatory and urban and rural, that are characterized by zalez National Affordable Housing Act (42 other duties under this title, and may issue high levels of joblessness, poverty, and low U.S.C. 12704). notices and other guidance or directives as incomes have not benefited adequately from (9) PRIVATE EQUITY CAPITAL.— the Secretary determines are appropriate to the economic expansion experienced by the (A) IN GENERAL.—The term ‘‘private equity carry out such duties. Nation as a whole; capital’’— (c) USE OF CREDIT SUBSIDY FOR LICENSES.—

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(1) NUMBER OF LICENSES.—The number of impose fees and charges for application, re- (6) STATEMENT OF PUBLIC PURPOSE GOALS.— APICs licensed at any one time may not view, licensing, and regulation, or other ac- The entity shall prepare and submit to the exceed— tions under this title, and to pay for the Secretary a statement of the public purpose (A) the number that may be supported by costs of such activities from the fees and goals of the entity, which shall— the amount of budget authority appropriated charges collected. (A) set forth goals that shall promote com- in accordance with section 504(b) of the Fed- (f) GUARANTEE FEES.—The Secretary is au- munity and economic development, which eral Credit Reform Act of 1990 (2 U.S.C. 661c) thorized to set and collect fees for loan guar- shall include— for the cost (as such term is defined in sec- antee commitments and loan guarantees (i) making investments in low-income tion 502 of such Act) of the subsidy and the that the Secretary makes under this title. communities that further economic develop- investment strategies of such APICs; or (g) FUNDING.— ment objectives by targeting such invest- (B) to the extent the limitation under sec- (1) AUTHORIZATION OF APPROPRIATIONS FOR ments in businesses or trades that comply tion 605(e)(1) applies, the number authorized LOAN GUARANTEE COMMITMENTS.—For each of with the requirements under subparagraphs under such section. fiscal years 2000, 2001, 2002, 2003, and 2004, (A) through (C) of section 603(10) relating to (2) USE OF ADDITIONAL CREDIT SUBSIDY.— there is authorized to be appropriated up to low-income communities in a manner that Subject to the limitation under paragraph $36,000,000 for the cost (as such term is de- benefits low-income persons; (1), the Secretary may use any budget au- fined in section 502(5) of the Federal Credit (ii) creating jobs in low-income commu- thority available after credit subsidy has Reform Act of 1990) of annual loan guarantee nities for residents of such communities; been allocated for the APICs initially li- commitments under this title. Amounts ap- (iii) involving community-based organiza- censed pursuant to section 605 as follows: propriated under this paragraph shall remain tions and residents in community develop- (A) ADDITIONAL LICENSES.—To license addi- available until expended. ment activities; tional APICs. (2) AGGREGATE LOAN GUARANTEE COMMIT- (iv) such other goals as the Secretary shall (B) CREDIT SUBSIDY INCREASES.—To in- MENT LIMITATION.—The Secretary may make specify; and crease the credit subsidy allocated to an commitments to guarantee loans only to the (v) such elements as the entity may set APIC as an award for high performance extent that the total loan principal, any part forth to achieve specific public purpose under this title, except that such increases of which is guaranteed, will not exceed goals; may be made only in accordance with the $1,000,000,000, unless another such amount is (B) include such other elements as the Sec- following requirements and limitations: specified in appropriation Acts for any fiscal retary shall specify; and (i) TIMING.—An increase may only be pro- year. (C) include proposed measurements and vided for an APIC that has been licensed for (3) AUTHORIZATION OF APPROPRIATIONS FOR strategies for meeting the goals. a period of not less than 2 years. ADMINISTRATIVE EXPENSES.—For each of the (7) COMPLIANCE WITH LAWS.—The entity (ii) COMPETITION.—An increase may only be fiscal years 2000, 2001, 2002, 2003, and 2004, shall agree to comply with applicable laws, provided for a fiscal year pursuant to a com- there is authorized to be appropriated including Federal executive orders, Office of petition for such fiscal year among APICs el- $1,000,000 for administrative expenses for car- Management and Budget circulars, and re- igible for, and requesting, such an increase. rying out this title. The Secretary may quirements of the Department of the Treas- The competition shall be based upon criteria transfer amounts appropriated under this ury, and such operating and regulatory re- that the Secretary shall establish, which paragraph to any appropriation account of quirements as the Secretary may impose shall include the financial soundness and HUD or another agency, to carry out the pro- from time to time. performance of the APICs, as measured by gram under this title. Any agency to which (8) OTHER.—The entity shall satisfy any achievement of the public performance goals the Secretary may transfer amounts under other application requirements that the Sec- included in the APICs statements required this title is authorized to accept such trans- retary may impose by regulation or Federal under section 605(a)(6) and audits conducted ferred amounts in any appropriation account Register notice. under section 609(b)(2). Among the criteria of such agency. (b) COMPETITIONS.—The Secretary shall se- established by the Secretary to determine SEC. 605. SELECTION OF APICS. lect eligible entities under subsection (a) to priority for selection under this section, the be licensed under section 604 as APICs on the (a) ELIGIBLE APPLICANTS.—An entity shall Secretary shall include making investments basis of competitions. The Secretary shall be eligible to be selected for licensing under in and loans to qualified active businesses in announce each such competition by causing section 604 as an APIC only if the entity sub- urban or rural areas that have been des- a notice to be published in the Federal Reg- mits an application in compliance with the ignated under subchapter U of Chapter 1 of ister that invites applications for licenses the Internal Revenue Code of 1986 as em- requirements established pursuant to sub- and sets forth the requirements for applica- powerment zones or enterprise communities. section (b) and the entity meets or complies tion and such other terms of the competition (d) COOPERATION AND COORDINATION.— with the following requirements: not otherwise provided for, as determined by (1) PROGRAM POLICIES.—The Secretary is (1) ORGANIZATION.—The entity shall be a the Secretary. authorized to coordinate and cooperate, private, for-profit entity that qualifies as a (c) SELECTION.—In competitions under sub- through memoranda of understanding, an community development entity for the pur- section (b), the Secretary shall select eligi- APIC liaison committee, or otherwise, with poses of the New Markets Tax Credits, to the ble entities under subsection (a) for licensing the Administrator, the Secretary of the extent such credits are established under as APICs on the basis of— Treasury, and other agencies in the discre- Federal law. (1) the extent to which the entity is ex- tion of the Secretary, on implementation of (2) MINIMUM PRIVATE EQUITY CAPITAL.—The pected to achieve the goals of this title by this title, including regulation, examination, amount of private equity capital reasonably meeting or exceeding criteria established and monitoring of APICs under this title. available to the entity, as determined by the under subsection (d); and (2) FINANCIAL SOUNDNESS REQUIREMENTS.— Secretary, at the time that a license is ap- (2) to the extent practicable and subject to The Secretary shall consult with the Admin- proved may not be less than $25,000,000. the existence of approvable applications, en- istrator and the Secretary of the Treasury, (3) QUALIFIED MANAGEMENT.—The manage- suring geographical diversity among the ap- and may consult with such other heads of ment of the entity shall, in the determina- plicants selected and diversity of APICs in- agencies as the Secretary may consider ap- tion of the Secretary, meet such standards vestment strategies, so that urban and rural propriate, in establishing any regulations, as the Secretary shall establish to ensure communities are both served, in the deter- requirements, guidelines, or standards for fi- that the management of the APIC is quali- mination of the Secretary, by the program nancial soundness or management practices fied, and has the financial expertise, knowl- under this title. of APICs or entities applying for licensing as edge, experience, and capability necessary, (d) SELECTION CRITERIA.—The Secretary APICs. In implementing and monitoring to make investments for community and shall establish selection criteria for competi- compliance with any such regulations, re- economic development in low-income com- tions under subsection (b), which shall in- quirements, guidelines, and standards, the munities. clude the following criteria: Secretary shall enter into such agreements (4) CONFLICT OF INTEREST.—The entity shall (1) CAPACITY.— and memoranda of understanding with the demonstrate that, in accordance with sound (A) MANAGEMENT.—The extent to which Administrator and the Secretary of the financial management practices, the entity the entity’s management has the quality, ex- Treasury as may be appropriate to provide is structured to preclude financial conflict of perience, and expertise to make and manage for such officials to provide any assistance interest between the APIC and a manager or successful investments for community and that may be agreed to. investor. economic development in low-income com- (3) OPERATIONS.—The Secretary may carry (5) INVESTMENT STRATEGY.—The entity munities. out this title— shall prepare and submit to the Secretary an (B) STATE AND LOCAL COOPERATION.—The (A) directly, through agreements with investment strategy that includes bench- extent to which the entity demonstrates a other Federal entities under section 1535 of marks for evaluation of its progress, that in- capacity to cooperate with States or units of title 31, United States Code, or otherwise, or cludes an analysis of existing locally owned general local government and with commu- (B) indirectly, under contracts or agree- businesses in the communities in which the nity-based organizations and residents of ments, as the Secretary shall determine. investments under the strategy will be made, low-income communities. (e) FEES AND CHARGES FOR ADMINISTRATIVE that prioritizes such businesses for invest- (2) INVESTMENT STRATEGY.—The quality of COSTS.—To the extent provided in appropria- ment opportunities, and that fulfills the spe- the entity’s investment strategy submitted tions Acts, the Secretary is authorized to cific public purpose goals of the entity. in accordance with subsection (a)(5) and the

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extent to which the investment strategy fur- land under section 204 of the Hawaiian (2) SINGLE BUSINESS INVESTMENTS.—An thers the goals of this title pursuant to para- Homes Commission Act, 1920 (42 Stat. 108) or APIC shall not, as a matter of sound finan- graph (3) of this subsection. are acquired pursuant to such Act. The Sec- cial practice, invest in any one business an (3) PUBLIC PURPOSE GOALS.—With respect to retary may establish specific selection cri- amount that exceeds an amount equal to 35 the statement of public purpose goals of the teria for applicants under this paragraph. percent of the sum of— entity submitted in accordance with sub- (f) COMMUNICATIONS BETWEEN HUD AND AP- (A) the APIC’s private equity capital; plus section (a)(6), and the strategy and measure- PLICANTS.— (B) an amount equal to the percentage ments included therein— (1) IN GENERAL.—The Secretary shall set limit that the Secretary determines that an (A) the extent to which such goals promote forth in regulations the procedures under APIC may have outstanding at any one time, community and economic development; which HUD and applicants for APIC licenses, under subsection (c)(2)(A). (B) the extent to which such goals provide and others, may communicate. Such regula- (c) BORROWING POWERS; QUALIFIED DEBEN- for making qualified investments in low-in- tions shall— TURES.— come communities that further economic de- (A) specify by position the HUD officers (1) ISSUANCE.—An APIC may issue qualified velopment objectives, such as— and employees who may communicate with debentures. The Secretary shall, by regula- (i) creating, within 2 years of the comple- such applicants and others; tion, specify the terms and requirements for tion of the initial such investment, job op- (B) permit HUD officers and employees to debentures to be considered qualified deben- portunities, opportunities for ownership, and request and discuss with the applicant and tures for purposes of this title, except that other economic opportunities within a low- others (such as banks or other credit or busi- the term to maturity of any qualified deben- income community, both short-term and of a ness references, or potential investors, that ture may not exceed 21 years and each quali- longer duration; the applicant specifies in writing) any more fied debenture shall bear interest during all (ii) improving the economic vitality of a detailed information that may be desirable or any part of that time period at a rate or low-income community, including stimu- to facilitate HUD’s review of the applicant’s rates approved by the Secretary. lating other business development; application; (2) LEVERAGE LIMITS.—In general, as a mat- (iii) bringing new income into a low-in- (C) restrict HUD officers and employees ter of sound financial management come community and assisting in the revi- from revealing to any applicant— practices— talization of such community; (i) the fact or chances of award of a license (A) the total amount of qualified deben- (iv) converting real property for the pur- to such applicant, unless there has been a tures that an APIC issues under this title pose of creating a site for business incuba- public announcement of the results of the that an APIC may have outstanding at any tion and location, or business district revi- competition; and one time shall not exceed an amount equal talization; (ii) any information with respect to any to 200 percent of the private equity capital of (v) enhancing economic competition, in- other applicant; and the APIC, as determined by the Secretary; cluding the advancement of technology; (D) set forth requirements for making and and (vi) rural development; keeping records of any communications con- (B) an APIC shall not have more than (vii) mitigating, rehabilitating, and ducted under this subsection, including re- $300,000,000 in face value of qualified deben- reusing real property considered subject to quirements for making such records avail- tures issued under this title outstanding at the Solid Waste Disposal Act (42 U.S.C. 6901 able to the public after the award of licenses any one time. et seq.; commonly referred to as the Re- under an initial or subsequent notice, as ap- (3) REPAYMENT.— source Conservation and Recovery Act) or propriate, under subsection (a). (A) CONDITION OF BUSINESS WIND-UP.—An restoring coal mine-scarred land; (2) TIMING.—Regulations under this sub- APIC shall have repaid, or have otherwise (viii) creation of local wealth through in- section may be issued as interim rules for ef- been relieved of indebtedness, with respect to vestments in employee stock ownership com- fect on or before the date of publication of any interest or principal amounts of bor- panies or resident-owned ventures; and the first notice under subsection (a), and rowings under this subsection no less than 2 (ix) any other objective that the Secretary shall apply only with respect to applications years before the APIC may dissolve or other- may establish to further the purposes of this under such notice. Regulations to implement wise complete the wind-up of its business. title; this subsection with respect to any notice (B) TIMING.—An APIC may repay any in- (C) the quality of jobs to be created for after the first such notice shall be subject to terest or principal amounts of borrowings residents of low-income communities, taking notice and comment rulemaking. under this subsection at any time: Provided, into consideration such factors as the pay- (3) INAPPLICABILITY OF DEPARTMENT OF HUD That the repayment of such amounts shall ment of higher wages, job security, employ- ACT PROVISION.—Section 12(e)(2) of the De- not relieve an APIC of any duty otherwise ment benefits, opportunity for advancement, partment of Housing and Urban Development applicable to the APIC under this title, un- and personal asset building; Act (42 U.S.C. 3537a(e)(2)) is amended by in- less the Secretary orders such relief. (D) the extent to which achievement of serting before the period at the end the fol- (C) USE OF INVESTMENT PROCEEDS BEFORE such goals will involve community-based or- lowing: ‘‘or any license provided under the REPAYMENT.—Until an APIC has repaid all ganizations and residents in community de- America’s Private Investment Companies interest and principal amounts on APIC bor- velopment activities; and Act’’. rowings under this subsection, an APIC may (E) the extent to which the investments re- SEC. 606. OPERATIONS OF APICS. use the proceeds of investments, in accord- ferred to in subparagraph (B) are likely to (a) POWERS AND AUTHORITIES.— ance with regulations issued by the Sec- benefit existing small business in low-in- (1) IN GENERAL.—An APIC shall have any retary, only to— come communities or will encourage the powers or authorities that— (i) pay for proper costs and expenses the growth of small business in such commu- (A) the APIC derives from the jurisdiction APIC incurs in connection with such invest- nities. in which it is organized, or that the APIC ments; (4) OTHER.—Any other criteria that the otherwise has; (ii) pay for the reasonable administrative Secretary may establish to carry out the (B) may be conferred by a license under expenses of the APIC; purposes of this title. this title; and (iii) purchase Treasury securities; (e) FIRST YEAR REQUIREMENTS.— (C) the Secretary may prescribe by regula- (iv) repay interest and principal amounts (1) NUMERICAL LIMITATION.—The number of tion. on APIC borrowings under this subsection; APICs may not, at any time during the 1- (2) NEW MARKET ASSISTANCE.—Nothing in (v) make interest, dividend, or other dis- year period that begins upon the Secretary this title shall preclude an APIC or its inves- tributions to or on behalf of an investor; or awarding the first license for an APIC under tors from receiving an allocation of New (vi) undertake such other purposes as the this title, exceed 15. Market Tax Credits (to the extent such cred- Secretary may approve. (2) LIMITATION ON ALLOCATION OF AVAILABLE its are established under Federal law) if the (D) USE OF INVESTMENT PROCEEDS AFTER CREDIT SUBSIDY.—Of the amount of budget APIC satisfies any applicable terms and con- REPAYMENT.—After an APIC has repaid all authority initially made available for alloca- ditions under the Internal Revenue Code of interest and principal amounts on APIC bor- tion under this title for APICs, the amount 1986. rowings under this subsection, and subject to allocated for any single APIC may not ex- (b) INVESTMENT LIMITATIONS.— continuing compliance with subsection (a), ceed 20 percent. (1) QUALIFIED LOW-INCOME COMMUNITY IN- the APIC may use the proceeds from invest- (3) NATIVE AMERICAN PRIVATE INVESTMENT VESTMENTS.—Substantially all investments ments to make interest, dividend, or other COMPANY.—Subject only to the absence of an that an APIC makes shall be qualified low- distributions to or on behalf of investors in approvable application from an entity, dur- income community investments if the in- the nature of returns on capital, or the with- ing the 1-year period referred to in paragraph vestments are financed with— drawal of private equity capital, without re- (1), of the entities selected and licensed by (A) amounts available from the proceeds of gard to subparagraph (C) but in conformity the Secretary as APICs, at least one shall be the issuance of an APIC’s qualified debenture with the APIC’s investment strategy and an entity that has as its primary purpose the guaranteed under this title; statement of public purpose goals. making of qualified low-income community (B) proceeds of the sale of obligations de- (d) REUSE OF QUALIFIED DEBENTURE PRO- investments in areas that are within Indian scribed under subsection (c)(3)(C)(iii); or CEEDS.—An APIC may use the proceeds of country (as such term is defined in section (C) the use of private equity capital, as de- sale of Treasury securities purchased under 1151 of title 18, United States Code) or within termined by the Secretary, in an amount subsection (c)(3)(C)(iii) to make qualified lands that have status as Hawaiian home specified in the APIC’s license. low-income community investments, subject

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.011 pfrm02 PsN: H25PT1 H6808 CONGRESSIONAL RECORD — HOUSE July 25, 2000 to the Secretary’s approval. In making the fied debenture with a debenture, another full (A) this title and other applicable laws, in- request for the Secretary’s approval, the faith and credit instrument, or any obliga- cluding any requirements established under APIC shall follow the procedures applicable tions of the United States, that may reason- this title by the Secretary; to an APIC’s request for HUD guarantee ac- ably substitute for such prepaid or defaulted (B) all terms and conditions of its license, tion, as the Secretary may modify such pro- qualified debenture. any cease-and-desist order issued under sec- cedures for implementation of this sub- (3) PROPORTIONATE REDUCTION OPTION.—In tion 610, and of any penalty or condition that section. Such procedures shall include the the event that the Secretary elects not to may have arisen from examination or moni- description and certifications that an APIC exercise the option under paragraph (2), and toring by the Secretary or otherwise, includ- must include in all requests for guarantee a qualified debenture in such trust is pre- ing the satisfaction of any financial audit ex- action, and the environmental certification paid, or in the event of default of a qualified ception that may have been outstanding; and applicable to initial expenditures for a debenture, the guarantee of timely payment (C) all requirements relating to the alloca- project or activity. of principal and interest on the trust certifi- tion and use of New Markets Tax Credits, to (e) ANTIPIRATING.—Notwithstanding any cate shall be reduced in proportion to the the extent such credits are established under other provision of law, an APIC may not use amount of principal and interest that such Federal law; and any private equity capital required to be prepaid qualified debenture represents in the (3) any other information or certification contributed under this title, or the proceeds trust. Interest on prepaid or defaulted quali- that the Secretary considers appropriate. from the sale of any qualified debenture fied debentures shall accrue and be guaran- (b) REQUESTS FOR GUARANTEE OF QUALIFIED under this title, to make an investment, as teed by the Secretary only through the date DEBENTURES THAT INCLUDE FUNDING FOR INI- determined by the Secretary, to assist di- of payment of the guarantee. During the TIAL EXPENDITURE FOR A PROJECT OR ACTIV- rectly in the relocation of any industrial or term of a trust certificate, it may be called ITY.—In addition to the description and cer- commercial plant, facility, or operation, for redemption due to prepayment or default tification that an APIC is required to supply from 1 area to another area, if the relocation of all qualified debentures that are in the in all requests for guarantee action under is likely to result in a significant loss of em- corpus of the trust. subsection (a), in the case of an APIC’s re- ployment in the labor market area from (d) FULL FAITH AND CREDIT BACKING OF quest for a guarantee that includes a quali- which the relocation occurs. GUARANTEES.—The full faith and credit of fied debenture, the proceeds of which the (f) EXCLUSION OF APIC FROM DEFINITION OF the United States is pledged to the timely APIC expects to be used as its initial expend- DEBTOR UNDER BANKRUPTCY PROVISIONS.— payment of all amounts which may be re- iture for a project or activity in which the Section 109(b)(2) of title 11, United States quired to be paid under any guarantee by the APIC intends to invest, and the expenditure Code, is amended by inserting before ‘‘credit Secretary pursuant to this section. for which would require an environmental union’’ the following: ‘‘America’s Private In- (e) SUBROGATION AND LIENS.— assessment under the National Environ- vestment Company licensed under the Amer- (1) SUBROGATION.—In the event the Sec- mental Policy Act of 1969 and other related ica’s Private Investment Companies Act,’’. retary pays a claim under a guarantee issued laws that further the purposes of such Act, SEC. 607. CREDIT ENHANCEMENT BY THE FED- under this section, the Secretary shall be such request for guarantee action shall in- ERAL GOVERNMENT. subrogated fully to the rights satisfied by clude evidence satisfactory to the Secretary (a) ISSUANCE AND GUARANTEE OF QUALIFIED such payment. of the certification of the completion of en- DEBENTURES.— (2) PRIORITY OF LIENS.—No State or local vironmental review of the project or activity (1) AUTHORITY.—To the extent consistent law, and no Federal law, shall preclude or required of the cognizant State or local gov- with the Federal Credit Reform Act of 1990, limit the exercise by the Secretary of its ernment under subsection (c). If the environ- the Secretary is authorized to make commit- ownership rights in the debentures in the mental review responsibility for the project ments to guarantee and guarantee the time- corpus of a trust under this section. or activity has not been assumed by a State ly payment of all principal and interest as (f) REGISTRATION.— or local government under subsection (c), scheduled on qualified debentures issued by (1) IN GENERAL.—The Secretary shall pro- then the Secretary shall be responsible for APICs. Such commitments and guarantees vide for a central registration of all trust carrying out the applicable responsibilities may only be made in accordance with the certificates issued pursuant to this section. under the National Environmental Policy terms and conditions established under para- (2) AGENTS.—The Secretary may contract Act of 1969 and other provisions of law that graph (2). with an agent or agents to carry out on be- further the purposes of such Act that relate (2) TERMS AND CONDITIONS.—The Secretary half of the Secretary the pooling and the to the project or activity, and the Secretary shall establish such terms and conditions as central registration functions of this section shall execute such responsibilities before the Secretary determines to be appropriate notwithstanding any other provision of law, acting on the APIC’s request for the guar- for commitments and guarantees under this including maintenance on behalf of and antee that is covered by this subsection. subsection, including terms and conditions under the direction of the Secretary, such (c) RESPONSIBILITY FOR ENVIRONMENTAL relating to amounts, expiration, number, pri- commercial bank accounts or investments in REVIEWS.— orities of repayment, security, collateral, obligations of the United States as may be (1) EXECUTION OF RESPONSIBILITY BY THE necessary to facilitate trusts backed by amortization, payment of interest (including SECRETARY.—This subsection shall apply to qualified debentures guaranteed under this the timing thereof), and fees and charges. guarantees by the Secretary of qualified de- title and the issuance of trust certificates to The terms and conditions applicable to any bentures under this title, the proceeds of facilitate formation of the corpus of the particular commitment or guarantee may be which would be used in connection with trusts. The Secretary may require such established in documents that the Secretary qualified low-income community invest- agent or agents to provide a fidelity bond or approves for such commitment or guarantee. ments of APICs under this title. insurance in such amounts as the Secretary (3) SENIORITY.—Notwithstanding any other (2) ASSUMPTION OF RESPONSIBILITY BY COG- determines to be necessary to protect the in- provision of Federal law or any law or the NIZANT UNIT OF GENERAL GOVERNMENT.— terests of the Government. constitution of any State, qualified deben- (A) GUARANTEE OF QUALIFIED DEBEN- (3) FORM.—Book-entry or other electronic TURES.—In order to assure that the policies tures guaranteed under this subsection by forms of registration for trust certificates the Secretary shall be senior to any other of the National Environmental Policy Act of under this title are authorized. 1969 and other provisions of law that further debt obligation, equity contribution or earn- (g) TIMING OF ISSUANCE OF GUARANTEES OF the purposes of such Act (as specified in reg- ings, or the distribution of dividends, inter- QUALIFIED DEBENTURES AND TRUST CERTIFI- ulations issued by the Secretary) are most est, or other amounts, of an APIC. CATES.—The Secretary may, from time to effectively implemented in connection with (b) ISSUANCE OF TRUST CERTIFICATES.—The time in the Secretary’s discretion, exercise Secretary, or an agent or entity selected by the authority to issue guarantees of quali- the expenditure of funds under this title, and the Secretary, is authorized to issue trust fied debentures under this title or trust cer- to assure to the public undiminished protec- certificates representing ownership of all or tificates under this title. tion of the environment, the Secretary may, under such regulations, in lieu of the envi- a fractional part of guaranteed qualified de- SEC. 608. APIC REQUESTS FOR GUARANTEE AC- bentures issued by APICs and held in trust. TIONS. ronmental protection procedures otherwise (c) GUARANTEE OF TRUST CERTIFICATES.— (a) IN GENERAL.—The Secretary may issue applicable, provide for the guarantee of (1) IN GENERAL.—The Secretary is author- a guarantee under this title for a qualified qualified debentures, any part of the pro- ized, upon such terms and conditions as the debenture that an APIC intends to issue only ceeds of which are to fund particular quali- Secretary determines to be appropriate, to pursuant to a request to the Secretary by fied low-income community investments of guarantee the timely payment of the prin- the APIC for such guarantee that is made in APICs under this title, if a State or unit of cipal of and interest on trust certificates accordance with regulations governing the general local government, as designated by issued by the Secretary, or an agent or other content and procedures for such requests, the Secretary in accordance with regulations entity, for purposes of this section. Such that the Secretary shall prescribe. Such reg- issued by the Secretary, assumes all of the guarantee shall be limited to the extent of ulations shall provide that each such request responsibilities for environmental review, principal and interest on the guaranteed shall include— decisionmaking, and action pursuant to the qualified debentures which compose the (1) a description of the manner in which National Environmental Policy Act of 1969 trust. the APIC intends to use the proceeds from and such other provisions of law that further (2) SUBSTITUTION OPTION.—The Secretary the qualified debenture; such Act as the regulations of the Secretary shall have the option to replace in the corpus (2) a certification by the APIC that the specify, that would otherwise apply to the of the trust any prepaid or defaulted quali- APIC is in substantial compliance with— Secretary were the Secretary to undertake

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.012 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6809 the funding of such investments as a Federal (ii) is authorized and consents on behalf of General of the Department of the Treasury action. the State or unit of general local govern- and the Small Business Administration in (B) IMPLEMENTATION.—The Secretary shall ment and himself or herself to accept the ju- carrying out such function. issue regulations to carry out this sub- risdiction of the Federal courts for the pur- (d) ANNUAL REPORT BY SECRETARY.—The section only after consultation with the pose of enforcement of the responsibilities as Secretary shall submit a report to the Con- Council on Environmental Quality. Such reg- such an official. gress annually regarding the operations, ac- ulations shall— SEC. 609. EXAMINATION AND MONITORING OF tivities, financial health, and achievements (i) specify any other provisions of law APICS. of the APIC program under this title. The re- which further the purposes of the National (a) IN GENERAL.—The Secretary shall, port shall list each investment made by an Environmental Policy Act of 1969 and to under regulations, through audits, perform- APIC and include a summary of the exami- which the assumption of responsibility as ance agreements, license conditions, or oth- nations conducted under subsection (b)(3), provided in this subsection applies; erwise, examine and monitor the operations the guarantee actions of HUD, and any regu- (ii) provide eligibility criteria and proce- and activities of APICs for compliance with latory or policy actions taken by HUD. The dures for the designation of a State or unit sound financial management practices, and report shall distinguish recently licensed of general local government to assume all of for satisfaction of the program and proce- APICs from APICs that have held licenses the responsibilities in this subsection; dural goals of this title and other related for a longer period for purposes of indicating (iii) specify the purposes for which funds Acts. The Secretary may undertake any re- program activities and performance. may be committed without regard to the sponsibility under this section in coopera- (e) GAO REPORT.— procedure established under paragraph (3); tion with an APIC liaison committee, or any (1) REQUIREMENT.—Not later than 2 years (iv) provide for monitoring of the perform- agency that is a member of such a com- after the date of the enactment of this Act, ance of environmental reviews under this mittee, or other agency. the Comptroller General of the United States (b) MONITORING, UPDATING, AND PROGRAM subsection; shall submit a report to the Congress regard- REVIEW.— (v) in the discretion of the Secretary, pro- ing the operation of the program under this (1) REPORTING AND UPDATING.—The Sec- vide for the provision or facilitation of train- title for licensing and guarantees for APICs. retary shall establish such annual or more ing for such performance; and (2) CONTENTS.—The report shall include— frequent reporting requirements for APICs, (vi) subject to the discretion of the Sec- (A) an analysis of the operations and moni- and such requirements for the updating of retary, provide for suspension or termination toring by HUD of the APIC program under the statement of public purpose goals, in- by the Secretary of the assumption under this title; vestment strategy (including the bench- subparagraph (A). (B) the administrative and capacity needs marks in such strategy), and other docu- (C) RESPONSIBILITIES OF STATES AND UNITS of HUD required to ensure the integrity of ments that may have been used in the li- OF GENERAL LOCAL GOVERNMENT.—The Sec- the program; cense application process under this title, as retary’s duty under subparagraph (B) shall (C) the extent and adequacy of any credit the Secretary determines necessary to assist not be construed to limit any responsibility subsidy appropriated for the program; and the Secretary in monitoring the compliance assumed by a State or unit of general local (D) the management of financial risk and and performance of APICs. government with respect to any particular liability of the Federal Government under request for guarantee under subparagraph (2) ANNUAL AUDITS.—The Secretary shall the program. (A), or the use of funds for a qualified invest- require each APIC to have an independent ment. audit conducted annually of the operations SEC. 610. PENALTIES. (3) PROCEDURE.—Subject to compliance by of the APIC. The Secretary, in consultation (a) VIOLATIONS SUBJECT TO PENALTY.—The the APIC with the requirements of this title, with the Administrator and the Secretary of Secretary may impose a penalty under this the Secretary shall approve the request for the Treasury, shall establish requirements subsection on any APIC or manager of an guarantee of a qualified debenture, any part and standards for such audits, including re- APIC that, by any act, practice, or failure to of the proceeds of which is to fund particular quirements that such audits be conducted in act, engages in fraud, mismanagement, or qualified low-income community invest- accordance with generally accepted account- noncompliance with this title, the regula- ments of an APIC under this title, that is ing principles, that the APIC submit the re- tions under this title, or a condition of the subject to the procedures authorized by this sults of the audit to Secretary, and that APIC’s license under this title. The Sec- subsection only if, not less than 15 days prior specify the information to be submitted. retary shall, by regulation, identify, by ge- to such approval and prior to any commit- (3) EXAMINATIONS.—The Secretary shall, no neric description of a role or responsibilities, ment of funds to such investment (except for less often than once every 2 years, examine any manager of an APIC that is subject to a such purposes specified in the regulations the operations and portfolio of each APIC li- penalty under this section. issued under paragraph (2)(B)), the APIC sub- censed under this title for compliance with (b) PENALTIES REQUIRING NOTICE AND AN mits to the Secretary a request for guar- sound financial management practices, and OPPORTUNITY TO RESPOND.—If, after notice in antee of a qualified debenture that is accom- for compliance with this title. writing to an APIC or the manager of an panied by evidence of a certification of the (4) EXAMINATION STANDARDS.— APIC that the APIC or manager has engaged State or unit of general local government (A) SOUND FINANCIAL MANAGEMENT PRAC- in any action, practice, or failure to act which meets the requirements of paragraph TICES.—The Secretary shall examine each that, under subsection (a), is subject to a (4). The approval by the Secretary of any APIC to ensure, as a matter of sound finan- penalty, and after an opportunity for the such certification shall be deemed to satisfy cial management practices, substantial com- APIC or manager to respond to the notice, the Secretary’s responsibilities pursuant to pliance with this and other applicable laws, the Secretary determines that the APIC or paragraph (1) under the National Environ- including Federal executive orders, Depart- manager engaged in such action or failure to mental Policy Act of 1969 and such other pro- ment of Treasury and Office of Management act, the Secretary may, in addition to other visions of law as the regulations of the Sec- and Budget guidance, circulars, and applica- penalties imposed— retary specify insofar as those responsibil- tion and licensing requirements on a con- (1) assess a civil money penalty, except ities relate to the guarantees of qualified de- tinuing basis. The Secretary may, by regula- than any civil money penalty under this sub- bentures, any parts of the proceeds of which tion, establish any additional standards for section shall be in an amount not exceeding are to fund such investments, which are cov- sound financial management practices, in- $10,000; ered by such certification. cluding standards that address solvency and (2) issue an order to cease and desist with (4) CERTIFICATION.—A certification under financial exposure. respect to such action, practice, or failure to the procedures authorized by this subsection (B) PERFORMANCE AND OTHER EXAMINA- act of the APIC or manager; shall— TIONS.—The Secretary shall monitor each (3) suspend, or condition the use of, the (A) be in a form acceptable to the Sec- APIC’s progress in meeting the goals in the APIC’s license, including deferring, for the retary; APIC’s statement of public purpose goals, period of the suspension, any commitment to (B) be executed by the chief executive offi- executing the APIC’s investment strategy, guarantee any new qualified debenture of the cer or other officer of the State or unit of and other matters. APIC, except that any suspension or condi- general local government who qualifies (c) INSPECTOR GENERAL RESPONSIBILITY.— tion under this paragraph may not exceed 90 under regulations of the Secretary; In carrying out monitoring of HUD’s respon- days; and (C) specify that the State or unit of gen- sibilities under this title and for purposes of (4) impose any other penalty that the Sec- eral local government under this subsection ensuring that the program under this title is retary determines to be less burdensome to has fully carried out its responsibilities as operated in accordance with sound financial the APIC than a penalty under subsection described under paragraph (2); and management practices, the Inspector Gen- (c). (D) specify that the certifying officer— eral of the Department of Housing and Urban (c) PENALTIES REQUIRING NOTICE AND HEAR- (i) consents to assume the status of a re- Development shall consult with the Inspec- ING.—If, after notice in writing to an APIC or sponsible Federal official under the National tor General of the Department of the Treas- the manager of an APIC that an APIC or Environmental Policy Act of 1969 and each ury and the Inspector General of the Small manager has engaged in any action, practice, provision of law specified in regulations Business Administration, as appropriate, and or failure to act that, under subsection (a), is issued by the Secretary insofar as the provi- may enter into such agreements and memo- subject to a penalty, and after an oppor- sions of such Act or other such provision of randa of understanding as may be necessary tunity for administrative hearing, the Sec- law apply pursuant to paragraph (2); and to obtain the cooperation of the Inspectors retary determines that the APIC or manager

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.012 pfrm02 PsN: H25PT1 H6810 CONGRESSIONAL RECORD — HOUSE July 25, 2000 engaged in such action or failure to act, the upon the expiration of the 6-month period 204(h) of the National Housing Act (12 U.S.C. Secretary may— beginning on the date of the enactment of 1710(h)); or (1) assess a civil money penalty against the this Act. ‘‘(ii) is an eligible asset under such section APIC or a manager in any amount; (b) ISSUANCE OF REGULATIONS AND GUIDE- 204(h), but— (2) require the APIC to divest any interest LINES.—Any authority under this title of the ‘‘(I) is not subject to a specific sale agree- in an investment, on such terms and condi- Secretary, the Administrator, and the Sec- ment under such section; and tions as the Secretary may impose; or retary of the Treasury to issue regulations, ‘‘(II) has been determined by the Secretary (3) revoke the APIC’s license. standards, guidelines, or licensing require- to be inappropriate for continued inclusion (d) EFFECTIVE DATE OF PENALTIES.— ments, and any authority of such officials to in the program under such section 204(h) pur- (1) PRIOR NOTICE REQUIREMENT.—Except as consult or enter into agreements or memo- suant to paragraph (10) of such section. provided in paragraph (2) of this subsection, randa of understanding regarding such ‘‘(3) TIMING.—The Secretary shall establish a penalty under subsection (b) or (c) shall issuance, shall take effect on the date of the procedures that provide for— not be due and payable and shall not other- enactment of this Act. ‘‘(A) time deadlines for transfers under this wise take effect or be subject to enforcement SEC. 612. SUNSET. subsection; by an order of a court, before notice of the After the expiration of the 5-year period ‘‘(B) notification to units of general local penalty is published in the Federal Register. beginning upon the date that the Secretary government and community development (2) CEASE-AND-DESIST ORDERS AND SUSPEN- awards the first license for an APIC under corporations of qualified HUD properties in SION OR CONDITIONING OF LICENSE.—In the this title— their jurisdictions; case of a cease-and-desist order under sub- (1) the Secretary may not license any ‘‘(C) such units and corporations to express section (b)(2) or the suspension or condi- APIC; and interest in the transfer under this subsection tioning of an APIC’s license under subsection (2) no amount may be appropriated for the of such properties; (b)(3), the following procedures shall apply: costs (as such term is defined in section 502 ‘‘(D) a right of first refusal for transfer of (A) ACTION WITHOUT PUBLISHED NOTICE.— of the Federal Credit Reform Act of 1990 (2 qualified HUD properties to units of general The Secretary may order an APIC or man- U.S.C. 661c)) of any guarantee under this local government and community develop- ager to cease and desist from an action, prac- title for any debenture issued by an APIC. ment corporations, under which— tice, or failure to act or may suspend or con- This section may not be construed to pro- ‘‘(i) the Secretary shall establish a period dition an APIC’s license, for not more than hibit, limit, or affect the award, allocation, during which the Secretary may not transfer 45 days without prior publication of notice in or use of any budget authority for the costs such properties except to such units and cor- the Federal Register, but such cease-and-de- of such guarantees that is appropriated be- porations; sist order or suspension or conditioning shall fore the expiration of such period. ‘‘(ii) the Secretary shall offer qualified take effect only after the Secretary has TITLE VII—OTHER COMMUNITY RENEWAL HUD properties that are single family prop- issued a written notice (which may include a AND NEW MARKETS ASSISTANCE erties for purchase by units of general local writing in electronic form) of such action to SEC. 701. TRANSFER OF UNOCCUPIED AND SUB- government at a cost of $1 for each property, the APIC. Notwithstanding subsection (b), STANDARD HUD-HELD HOUSING TO but only to the extent that the costs to the such written notice shall be effective with- LOCAL GOVERNMENTS AND COMMU- Federal Government of disposal at such price out regard to whether the APIC has been ac- NITY DEVELOPMENT CORPORA- do not exceed the costs to the Federal Gov- corded an opportunity to respond. Upon such TIONS. ernment of disposing of property subject to notice, such cease-and-desist order or sus- Section 204 of the Departments of Veterans the procedures for single family property es- pension or conditioning shall be subject to Affairs and Housing and Urban Development, tablished by the Secretary pursuant to the enforcement by an order of a court. and Independent Agencies Appropriations authority under the last sentence of section (B) PUBLICATION OF NOTICE OF SUSPENSION Act, 1997 (12 U.S.C. 1715z–11a) is amended— 204(g) of the National Housing Act (12 U.S.C. OR CONDITIONING OF LICENSE.—Upon a suspen- (1) by striking ‘‘FLEXIBLE AUTHORITY.—’’ 1710(g)); sion or conditioning of a license taking ef- and inserting ‘‘DISPOSITION OF HUD-OWNED ‘‘(iii) the Secretary may accept an offer to fect pursuant to subparagraph (A), the Sec- PROPERTIES. (a) FLEXIBLE AUTHORITY FOR purchase a property made by a community retary shall promptly cause a notice of sus- MULTIFAMILY PROJECTS.—’’; and development corporation only if the offer pension or conditioning of such license for a (2) by adding at the end the following new provides for purchase on a cost recovery period of not more than 90 days to be pub- subsection: basis; and lished in the Federal Register. The Secretary ‘‘(b) TRANSFER OF UNOCCUPIED AND SUB- ‘‘(iv) the Secretary shall accept an offer to shall provide the APIC an opportunity to re- STANDARD HOUSING TO LOCAL GOVERNMENTS purchase such a property that is made dur- spond to such notice. For purposes of the de- AND COMMUNITY DEVELOPMENT CORPORA- ing such period by such a unit or corporation termining the duration of the period of any TIONS.— and that complies with the requirements of suspension or conditioning under this sub- ‘‘(1) TRANSFER AUTHORITY.—Notwith- this paragraph; paragraph, the first day of such period shall standing the authority under subsection (a) ‘‘(E) a written explanation, to any unit of be the day of issuance of the written notice and the last sentence of section 204(g) of the general local government or community de- under this paragraph of the suspension or National Housing Act (12 U.S.C. 1710(g)), the velopment corporation making an offer to conditioning. Secretary of Housing and Urban Develop- purchase a qualified HUD property under (C) REVOCATION OF LICENSE.—During the ment shall transfer ownership of any quali- this subsection that is not accepted, of the period of the suspension or conditioning of fied HUD property, subject to the require- reason that such offer was not acceptable. an APIC’s license, the Secretary may take ments of this section, to a unit of general ‘‘(4) OTHER DISPOSITION.—With respect to action under subsection (c)(3) to revoke the local government having jurisdiction for the any qualified HUD property, if the Secretary license of the APIC, in accordance with the area in which the property is located or to a does not receive an acceptable offer to pur- procedures applicable to such subsection. community development corporation which chase the property pursuant to the procedure Notwithstanding any other provision of this operates within such a unit of general local established under paragraph (3), the Sec- section, if the Secretary takes such action, government in accordance with this sub- retary shall dispose of the property to the the Secretary may extend the suspension or section, but only to the extent that units of unit of general local government in which conditioning of the APIC’s license, for one or general local government and community property is located or to community devel- more periods of not more than 90 days each, development corporations consent to trans- opment corporations located in such unit of by causing notice of such action to be pub- fer and the Secretary determines that such general local government on a negotiated, lished in the Federal Register— transfer is practicable. competitive bid, or other basis, on such (i) for the first such extension, before the ‘‘(2) QUALIFIED HUD PROPERTIES.—For pur- terms as the Secretary deems appropriate. expiration of the period under subparagraph poses of this subsection, the term ‘qualified ‘‘(5) SATISFACTION OF INDEBTEDNESS.—Be- (B); and HUD property’ means any property for fore transferring ownership of any qualified (ii) for any subsequent extension, before which, as of the date that notification of the HUD property pursuant to this subsection, the expiration of the preceding extension pe- property is first made under paragraph the Secretary shall satisfy any indebtedness riod under this subparagraph. (3)(B), not less than 6 months have elapsed incurred in connection with the property to (D) TERM OF EFFECTIVENESS.—A cease-and- since the later of the date that the property be transferred, by canceling the indebted- desist order or the suspension or condi- was acquired by the Secretary or the date ness. tioning of an APIC’s license by the Secretary that the property was determined to be un- ‘‘(6) DETERMINATION OF STATUS OF PROP- under this paragraph shall remain in effect occupied or substandard, that is owned by ERTIES.—To ensure compliance with the re- in accordance with the terms of the order, the Secretary and is— quirements of this subsection, the Secretary suspension, or conditioning until final adju- ‘‘(A) an unoccupied multifamily housing shall take the following actions: dication in any action undertaken to chal- project; ‘‘(A) UPON ENACTMENT.—Upon the enact- lenge the order, or the suspension or condi- ‘‘(B) a substandard multifamily housing ment of this subsection, the Secretary shall tioning, or the revocation, of an APIC’s li- project; or promptly assess each residential property cense. ‘‘(C) an unoccupied single family property owned by the Secretary to determine wheth- SEC. 611. EFFECTIVE DATE. that— er such property is a qualified HUD property. (a) IN GENERAL.—Except as provided in ‘‘(i) has been determined by the Secretary ‘‘(B) UPON ACQUISITION.—Upon acquiring subsection (b), this title shall take effect not to be an eligible asset under section any residential property, the Secretary shall

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.012 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6811 promptly determine whether the property is ‘‘(iv) is accessible through a public hallway (D) by striking paragraph (1) and inserting a qualified HUD property. in which there are no working light fixtures, the following new paragraph: ‘‘(C) UPDATES.—The Secretary shall peri- loose or missing steps or railings, and no ele- ‘‘(1) assume the first loss on any mortgage odically reassess the residential properties vator; or insured pursuant to section 203(b), 234, or 245 owned by the Secretary to determine wheth- ‘‘(v) has severe maintenance problems, in- that covers a one- to four-family dwelling er any such properties have become qualified cluding water leaks involving the roof, win- and is included in the program under this HUD properties. dows, doors, basement, or pipes or plumbing section, up to the percentage of loss that is ‘‘(7) TENANT LEASES.—This subsection shall fixtures, holes or open cracks in walls or set forth in the risk-sharing contract;’’; and not affect the terms or the enforceability of ceilings, severe paint peeling or broken plas- (E) in paragraph (2)— any contract or lease entered into with re- ter, and signs of rodent infestation. (i) by striking ‘‘carry out (under appro- spect to any residential property before the ‘‘(G) SINGLE FAMILY PROPERTY.—The term priate delegation) such’’ and inserting ‘‘dele- date that such property becomes a qualified ‘single family property’ means a 1- to 4-fam- gate underwriting,’’; and HUD property. ily residence. (ii) by striking ‘‘function’’ and inserting ‘‘(8) USE OF PROPERTY.—Property trans- ‘‘(H) SUBSTANDARD.—The term ‘sub- ‘‘functions’’; ferred under this subsection shall be used standard’ means, with respect to a multi- (5) in subsection (c)— only for appropriate neighborhood revitaliza- family housing project, that 25 percent or (A) in the first sentence— tion efforts, including homeownership, rent- more of the dwelling units in the project (i) by striking ‘‘of’’ the first place it ap- al units, commercial space, and parks, con- have severe physical problems. pears and insert ‘‘for’’; sistent with local zoning regulations, local ‘‘(I) UNIT OF GENERAL LOCAL GOVERNMENT.— (ii) by striking ‘‘insurance reserves’’ and building codes, and subdivision regulations The term ‘unit of general local government’ inserting ‘‘loss reserves’’; and and restrictions of record. has the meaning given such term in section (iii) by striking ‘‘such insurance’’ and in- ‘‘(9) INAPPLICABILITY TO PROPERTIES MADE 102(a) of the Housing and Community Devel- serting ‘‘such reserves’’; and AVAILABLE FOR HOMELESS.—Notwithstanding opment Act of 1974. (B) in the second sentence, by inserting ‘‘or any other provision of this subsection, this ‘‘(J) UNOCCUPIED.—The term ‘unoccupied’ insured community development financial subsection shall not apply to any properties means, with respect to a residential prop- institution’’ after ‘‘private mortgage insur- that the Secretary determines are to be erty, that the unit of general local govern- ance company’’; made available for use by the homeless pur- ment having jurisdiction over the area in (6) in subsection (d), by inserting ‘‘or in- suant to subpart E of part 291 of title 24, which the project is located has certified in sured community development financial in- Code of Federal Regulations, during the pe- writing that the property is not inhabited. stitution’’ after ‘‘private mortgage insurance riod that the properties are so available. ‘‘(12) REGULATIONS.— company’’; and ‘‘(10) PROTECTION OF EXISTING CONTRACTS.— ‘‘(A) INTERIM.—Not later than 30 days after (7) by adding at the end the following new This subsection may not be construed to the date of the enactment of this subsection, subsection: alter, affect, or annul any legally binding ob- the Secretary shall issue such interim regu- ‘‘(e) INSURED COMMUNITY DEVELOPMENT FI- ligations entered into with respect to a lations as are necessary to carry out this NANCIAL INSTITUTIONS.—For purposes of this qualified HUD property before the property subsection. section, the term ‘insured community devel- becomes a qualified HUD property. ‘‘(B) FINAL.—Not later than 60 days after opment financial institution’ means a com- ‘‘(11) DEFINITIONS.—For purposes of this the date of the enactment of this subsection, munity development financial institution, as subsection, the following definitions shall the Secretary shall issue such final regula- such term is defined in section 103 of Reigle apply: tions as are necessary to carry out this sub- Community Development and Regulatory ‘‘(A) COMMUNITY DEVELOPMENT CORPORA- section.’’. Improvement Act of 1994 (12 U.S.C. 4702) that TION.—The term ‘community development SEC. 702. TRANSFER OF HUD ASSETS IN REVITAL- is an insured depository institution (as such corporation’ means a nonprofit organization IZATION AREAS. term is defined in section 3 of the Federal whose primary purpose is to promote com- In carrying out the program under section Deposit Insurance Act (12 U.S.C. 1813)) or an munity development by providing housing 204(h) of the National Housing Act (12 U.S.C. insured credit union (as such term is defined opportunities for low-income families. 1710(h)), upon the request of the chief execu- in section 101 of the Federal Credit Union ‘‘(B) COST RECOVERY BASIS.—The term ‘cost tive officer of a county or the government of Act (12 U.S.C. 1752)).’’. appropriate jurisdiction and not later than recovery basis’ means, with respect to any SEC. 704. PREVENTION AND TREATMENT OF SUB- sale of a residential property by the Sec- 60 days after such request is made, the Sec- STANCE ABUSE; SERVICES PRO- retary, that the purchase price paid by the retary of Housing and Urban Development VIDED THROUGH RELIGIOUS ORGA- purchaser is equal to or greater than the sum shall designate as a revitalization area all NIZATIONS. of (i) the appraised value of the property, as portions of such county that meet the cri- Title V of the Public Health Service Act determined in accordance with such require- teria for such designation under paragraph (42 U.S.C. 290aa et seq.) is amended by adding ments as the Secretary shall establish, and (3) of such section. at the end the following part: (ii) the costs incurred by the Secretary in SEC. 703. RISK-SHARING DEMONSTRATION. ‘‘PART G—SERVICES PROVIDED THROUGH connection with such property during the pe- Section 249 of the National Housing Act (12 RELIGIOUS ORGANIZATIONS riod beginning on the date on which the Sec- U.S.C. 1715z–14) is amended— (1) by striking the section heading and in- ‘‘SEC. 581. APPLICABILITY TO DESIGNATED PRO- retary acquires title to the property and end- GRAMS. serting the following: ing on the date on which the sale is con- ‘‘(a) DESIGNATED PROGRAMS.—Subject to summated. ‘‘RISK-SHARING DEMONSTRATION’’; subsection (b), this part applies to discre- ‘‘(C) MULTIFAMILY HOUSING PROJECT.—The (2) by striking ‘‘reinsurance’’ each place tionary and formula grant programs admin- term ‘multifamily housing project’ has the such term appears and insert ‘‘risk-sharing’’; istered by the Substance Abuse and Mental meaning given the term in section 203 of the (3) in subsection (a)— Health Services Administration that make Housing and Community Development (A) in the first sentence, by inserting ‘‘and awards of financial assistance to public or Amendments of 1978. insured community development financial private entities for the purpose of carrying ‘‘(D) RESIDENTIAL PROPERTY.—The term institutions’’ after ‘‘private mortgage insur- out activities to prevent or treat substance ‘residential property’ means a property that ers’’; abuse (in this part referred to as a ‘des- is a multifamily housing project or a single (B) in the second sentence— ignated program’). Designated programs in- family property. (i) by striking ‘‘two’’ and inserting ‘‘4’’; clude the program under subpart II of part B ‘‘(E) SECRETARY.—The term ‘Secretary’ and of title XIX (relating to formula grants to means the Secretary of Housing and Urban (ii) by striking ‘‘March 15, 1988’’ and insert- the States). Development. ing ‘‘the expiration of the 5-year period be- ‘‘(b) LIMITATION.—This part does not apply ‘‘(F) SEVERE PHYSICAL PROBLEMS.—The ginning on the date of the enactment of the to any award of financial assistance under a term ‘severe physical problems’ means, with Community Renewal and New Market Act of designated program for a purpose other than respect to a dwelling unit, that the unit— 2000’’; and the purpose specified in subsection (a). ‘‘(i) lacks hot or cold piped water, a flush (C) in the last sentence, by striking ‘‘10 ‘‘(c) DEFINITIONS.—For purposes of this toilet, or both a bathtub and a shower in the percent’’ and inserting ‘‘20 percent’’; part (and subject to subsection (b)): unit, for the exclusive use of that unit; (4) in subsection (b)— ‘‘(1) The term ‘designated program’ has the ‘‘(ii) on not less than three separate occa- (A) in the first sentence, by inserting ‘‘and meaning given such term in subsection (a). sions during the preceding winter months, with insured community development finan- ‘‘(2) The term ‘financial assistance’ means was uncomfortably cold for a period of more cial institutions’’ before the period at the a grant, cooperative agreement, or contract. than 6 consecutive hours due to a malfunc- end; ‘‘(3) The term ‘program beneficiary’ means tion of the heating system for the unit; (B) in the first sentence, by striking an individual who receives program services. ‘‘(iii) has no functioning electrical service, ‘‘which have been determined to be qualified ‘‘(4) The term ‘program participant’ means exposed wiring, any room in which there is insurers under section 302(b)(2)(C)’’; a public or private entity that has received not a functioning electrical outlet, or has ex- (C) in the second sentence, by inserting financial assistance under a designated pro- perienced three or more blown fuses or ‘‘and insured community development finan- gram. tripped circuit breakers during the preceding cial institutions’’ after ‘‘private mortgage ‘‘(5) The term ‘program services’ means 90-day period; insurance companies’’; treatment for substance abuse, or preventive

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.012 pfrm02 PsN: H25PT1 H6812 CONGRESSIONAL RECORD — HOUSE July 25, 2000 services regarding such abuse, provided pur- ‘‘(A) are from an alternative provider that SEC. 705. NEW MARKETS VENTURE CAPITAL PRO- suant to an award of financial assistance is accessible to, and has the capacity to pro- GRAM. under a designated program. vide such services to, such individual; and (a) SHORT TITLE.—This section may be ‘‘(6) The term ‘religious organization’ ‘‘(B) have a value that is not less than the cited as the ‘‘New Markets Venture Capital means a nonprofit religious organization. value of the services that the individual Program Act of 2000’’. (b) NEW MARKETS VENTURE CAPITAL PRO- ‘‘SEC. 582. RELIGIOUS ORGANIZATIONS AS PRO- would have received from the program par- GRAM PARTICIPANTS. ticipant to which the individual had such ob- GRAM.— Title III of the Small Business Investment ‘‘(a) IN GENERAL.—Notwithstanding any jection. Act of 1958 (15 U.S.C. 681 et seq.) is other provision of law, a religious organiza- ‘‘(2) NOTICES.—Appropriate Federal, State, tion, on the same basis as any other non- amended— or local governments that administer des- (1) in the heading for the title, by striking profit private provider— ignated programs or are program partici- ‘‘(1) may receive financial assistance under ‘‘SMALL BUSINESS INVESTMENT COMPA- pants shall ensure that notice is provided to NIES’’ and inserting ‘‘INVESTMENT DIVI- a designated program; and program beneficiaries or prospective pro- SION PROGRAMS’’; ‘‘(2) may be a provider of services under a gram beneficiaries of their rights under this (2) by inserting before the heading for sec- designated program. subsection. tion 301 the following: ‘‘(b) RELIGIOUS ORGANIZATIONS.—The pur- ‘‘(3) ADDITIONAL REQUIREMENTS.—A pro- ‘‘PART A—SMALL BUSINESS INVESTMENT pose of this section is to allow religious or- gram participant making a referral pursuant COMPANIES’’ ganizations to be program participants on to paragraph (1) shall— the same basis as any other nonprofit pri- ‘‘(A) prior to making such referral, con- ; and vate provider without impairing the reli- sider any list that the State or local govern- (3) by adding at the end the following: gious character of such organizations, and ment makes available of entities in the geo- ‘‘PART B—NEW MARKETS VENTURE CAPITAL without diminishing the religious freedom of graphic area that provide program services; PROGRAM program beneficiaries. and ‘‘SEC. 351. DEFINITIONS. ‘‘(c) NONDISCRIMINATION AGAINST RELIGIOUS ‘‘(B) ensure that the individual makes con- ‘‘In this part, the following definitions ORGANIZATIONS.— tact with the alternative provider to which apply: ‘‘(1) ELIGIBILITY AS PROGRAM PARTICI- the individual is referred. ‘‘(1) DEVELOPMENTAL VENTURE CAPITAL.— PANTS.—Religious organizations are eligible ‘‘(4) NONDISCRIMINATION.—A religious orga- The term ‘developmental venture capital’ to be program participants on the same basis nization that is a program participant shall means capital in the form of equity invest- as any other nonprofit private organization not in providing program services or engag- ments in businesses made with a primary ob- as long as the programs are implemented ing in outreach activities under designated jective of fostering economic development in consistent with the Establishment Clause programs discriminate against a program low- or moderate-income geographic areas. and Free Exercise Clause of the First beneficiary or prospective program bene- ‘‘(2) LOW- OR MODERATE-INCOME GEOGRAPHIC Amendment to the United States Constitu- ficiary on the basis of religion or religious AREA.—The term ‘low- or moderate-income tion. Nothing in this Act shall be construed belief. geographic area’ means— to restrict the ability of the Federal Govern- ‘‘(g) FISCAL ACCOUNTABILITY.— ‘‘(A) a census tract, or the equivalent ment, or a State or local government receiv- ‘‘(1) IN GENERAL.—Except as provided in county division as defined by the Bureau of ing funds under such programs, to apply to paragraph (2), any religious organization the Census for purposes of defining poverty religious organizations the same eligibility that is a program participant shall be sub- areas, in which— conditions in designated programs as are ap- ject to the same regulations as other recipi- ‘‘(i) the poverty rate is not less than 20 per- plied to any other nonprofit private organi- ents of awards of Federal financial assist- cent; zation. ance to account, in accordance with gen- ‘‘(ii) in the case of a census tract or divi- ‘‘(2) NONDISCRIMINATION.—Neither the Fed- erally accepted auditing principles, for the sion located within a metropolitan area, the eral Government nor a State or local govern- use of the funds provided under such awards. median family income for such tract or divi- ment receiving funds under designated pro- ‘‘(2) LIMITED AUDIT.—With respect to the sion does not exceed the greater of 80 percent grams shall discriminate against an organi- award involved, if a religious organization of the statewide median family income or 80 zation that is or applies to be a program par- that is a program participant maintains the percent of the metropolitan area median ticipant on the basis that the organization Federal funds in a separate account from family income; or has a religious character. non-Federal funds, then only the Federal ‘‘(iii) in the case of a census tract or divi- ‘‘(d) RELIGIOUS CHARACTER AND FREEDOM.— funds shall be subject to audit. sion not located within a metropolitan area, ‘‘(1) RELIGIOUS ORGANIZATIONS.—Except as ‘‘(h) COMPLIANCE.—With respect to compli- the median family income for such tract or provided in this section, any religious orga- ance with this section by an agency, a reli- division does not exceed 80 percent of the nization that is a program participant shall gious organization may obtain judicial re- statewide median family income; or retain its independence from Federal, State, view of agency action in accordance with ‘‘(B) any area located within— and local government, including such organi- chapter 7 of title 5, United States Code. ‘‘(i) a historically underutilized business zation’s control over the definition, develop- ‘‘SEC. 583. LIMITATIONS ON USE OF FUNDS FOR zone (HUBZone), as defined in section 3(p) of ment, practice, and expression of its reli- CERTAIN PURPOSES. the Small Business Act (15 U.S.C. 632(p)); gious beliefs. ‘‘No funds provided under a designated pro- ‘‘(ii) an urban empowerment zone or an ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the gram shall be expended for sectarian wor- urban enterprise community, as designated Federal Government nor a State shall re- ship, instruction, or proselytization. by the Secretary of the Department of Hous- quire a religious organization to— ‘‘SEC. 584. EDUCATIONAL REQUIREMENTS FOR ing and Urban Development; or ‘‘(A) alter its form of internal governance; PERSONNEL IN DRUG TREATMENT ‘‘(iii) a rural empowerment zone or a rural or PROGRAMS. enterprise community, as designated by the ‘‘(B) remove religious art, icons, scripture, ‘‘(a) FINDINGS.—The Congress finds that— Secretary of the Department of Agriculture. or other symbols; ‘‘(1) establishing unduly rigid or uniform ‘‘(3) NEW MARKETS VENTURE CAPITAL COM- in order to be a program participant. educational qualification for counselors and PANY.—The term ‘New Markets Venture Cap- ‘‘(e) EMPLOYMENT PRACTICES.—Nothing in other personnel in drug treatment programs ital company’ means a company that— this section shall be construed to modify or may undermine the effectiveness of such pro- ‘‘(A) has been granted final approval by the affect the provisions of any other Federal or grams; and Administration under section 354(e); and State law or regulation that relates to dis- ‘‘(2) such educational requirements for ‘‘(B) has entered into a participation agree- crimination in employment. A religious or- counselors and other personnel may hinder ment with the Administration. ganization’s exemption provided under sec- or prevent the provision of needed drug ‘‘(4) OPERATIONAL ASSISTANCE.—The term tion 702 of the Civil Rights Act of 1964 re- treatment services. ‘operational assistance’ means management, garding employment practices shall not be ‘‘(b) NONDISCRIMINATION.—In determining marketing, and other technical assistance affected by its participation in, or receipt of whether personnel of a program participant that assists a small business concern with funds from, a designated program. that has a record of successful drug treat- business development. ‘‘(f) RIGHTS OF PROGRAM BENEFICIARIES.— ment for the preceding three years have sat- ‘‘(5) PARTICIPATION AGREEMENT.—The term ‘‘(1) IN GENERAL.—If an individual who is a isfied State or local requirements for edu- ‘participation agreement’ means an agree- program beneficiary or a prospective pro- cation and training, a State or local govern- ment, between the Administration and a gram beneficiary objects to the religious ment shall not discriminate against edu- company granted final approval under sec- character of a program participant, within a cation and training provided to such per- tion 354(e), that— reasonable period of time after the date of sonnel by a religious organization, so long as ‘‘(A) details the company’s operating plan such objection such program participant such education and training includes basic and investment criteria; and shall refer such individual to, and the appro- content substantially equivalent to the con- ‘‘(B) requires the company to make invest- priate Federal, State, or local government tent provided by nonreligious organizations ments in smaller enterprises at least 80 per- that administers a designated program or is that the State or local government would cent of which are located in low- or mod- a program participant shall provide to such credit for purposes of determining whether erate-income geographic areas. individual (if otherwise eligible for such the relevant requirements have been satis- ‘‘(6) SPECIALIZED SMALL BUSINESS INVEST- services), program services that— fied.’’. MENT COMPANY.—The term ‘specialized small

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.012 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6813 business investment company’ means any ‘‘(2) information regarding the community vide operational assistance to smaller enter- small business investment company that— development finance or relevant venture prises expected to be financed by the com- ‘‘(A) invests solely in small business con- capital qualifications and general reputation pany, each conditionally approved cerns that contribute to a well-balanced na- of the company’s management; company— tional economy by facilitating ownership in ‘‘(3) a description of how the company in- ‘‘(A) must have binding commitments (for such concerns by persons whose participa- tends to work with community organizations contribution in cash or in kind)— tion in the free enterprise system is ham- and to seek to address the unmet capital ‘‘(i) from any sources other than the Ad- pered because of social or economic dis- needs of the communities served; ministration that meet criteria established advantages; ‘‘(4) a proposal describing how the com- by the Administration; ‘‘(B) is organized or chartered under State pany will use the grant funds provided under ‘‘(ii) payable or available over a multiyear business or nonprofit corporations statutes, this part to provide operational assistance to period acceptable to the Administration (not or formed as a limited partnership; and smaller enterprises financed by the com- to exceed 10 years); and ‘‘(C) was licensed under section 301(d), as in pany, including information regarding ‘‘(iii) in an amount not less than 30 percent effect before September 30, 1996. whether the company will use licensed pro- of the total amount of capital and commit- ‘‘SEC. 352. PURPOSES. fessionals, where applicable, on the com- ments raised under paragraph (1); ‘‘The purposes of the New Markets Venture pany’s staff or from an outside entity; ‘‘(B) must have purchased an annuity— Capital Program established under this part ‘‘(5) with respect to binding commitments ‘‘(i) from an insurance company acceptable are— to be made to the company under this part, to the Administration; ‘‘(1) to promote economic development and an estimate of the ratio of cash to in-kind ‘‘(ii) using funds (other than the funds the creation of wealth and job opportunities contributions; raised under paragraph (1)) from any source in low- or moderate-income geographic areas ‘‘(6) a description of the criteria to be used other than the Administration; and and among individuals living in such areas to evaluate whether and to what extent the ‘‘(iii) that yields cash payments over a by encouraging developmental venture cap- company meets the objectives of the pro- multiyear period acceptable to the Adminis- ital investments in smaller enterprises pri- gram established under this part; tration (not to exceed 10 years) in an amount marily located in such areas; and ‘‘(7) information regarding the manage- not less than 30 percent of the total amount ‘‘(2) to establish a developmental venture ment and financial strength of any parent of capital and commitments raised under capital program, with the mission of address- firm, affiliated firm, or any other firm essen- paragraph (1); or ing the unmet equity investment needs of tial to the success of the company’s business ‘‘(C) must have binding commitments (for small enterprises located in low- and mod- plan; and contributions in cash or in kind) of the type erate-income geographic areas, to be admin- ‘‘(8) such other information as the Admin- described in subparagraph (A) and must have istered by the Administration— istration may require. purchased an annuity of the type described ‘‘(c) CONDITIONAL APPROVAL.— ‘‘(A) to enter into participation agree- in subparagraph (B), which in the aggregate ‘‘(1) IN GENERAL.—From among companies ments with New Markets Venture Capital make available, over a multiyear period ac- submitting applications under subsection companies; ceptable to the Administration (not to ex- (b), the Administration shall, in accordance ‘‘(B) to guarantee debentures of New Mar- ceed 10 years), an amount not less than 30 with this subsection, conditionally approve kets Venture Capital companies to enable percent of the total amount of capital and companies to participate in the New Markets each such company to make developmental commitments raised under paragraph (1). Venture Capital Program. venture capital investments in smaller en- ‘‘(e) FINAL APPROVAL.—The Administration ‘‘(2) SELECTION CRITERIA.—In selecting terprises in low- or moderate-income geo- shall grant to a company conditionally ap- companies under paragraph (1), the Adminis- graphic areas; and proved under subsection (c) final approval to tration shall consider the following: ‘‘(C) to make grants to New Markets Ven- participate in the program established under ‘‘(A) The likelihood that the company will ture Capital companies, and to other enti- this part after the company has met the re- meet the goals of its business plan. ties, for the purpose of providing operational quirements set forth in subsection (d). assistance to smaller enterprises financed, or ‘‘(B) The experience and background of the ‘‘SEC. 355. DEBENTURES. expected to be financed, by such companies. company’s management team. ‘‘(C) The need for developmental venture ‘‘(a) IN GENERAL.—The Administration ‘‘SEC. 353. ESTABLISHMENT. may guarantee the timely payment of prin- ‘‘In accordance with this part, the Admin- capital investments in the geographic areas cipal and interest, as scheduled, on deben- istration shall establish a New Markets Ven- in which the company intends to invest. tures issued by any New Markets Venture ture Capital Program, under which the Ad- ‘‘(D) The extent to which the company will Capital company. ministration may— concentrate its activities on serving the geo- ‘‘(b) TERMS AND CONDITIONS.—The Adminis- ‘‘(1) enter into participation agreements graphic areas in which it intends to invest. tration may make guarantees under this sec- with companies granted final approval under ‘‘(E) The likelihood that the company will tion on such terms and conditions as it section 354(e) for the purposes set forth in be able to satisfy the conditions under sub- deems appropriate, except that the term of section 352; section (d). any debenture guaranteed under this section ‘‘(2) guarantee the debentures issued by ‘‘(F) The extent to which the activities shall not exceed 15 years. New Markets Venture Capital companies as proposed by the company will expand eco- ‘‘(c) FULL FAITH AND CREDIT OF THE UNITED provided in section 355; and nomic opportunities in the geographic areas STATES.—The full faith and credit of the ‘‘(3) make grants to New Markets Venture in which the company intends to invest. United States is pledged to pay all amounts Capital companies, and to other entities, ‘‘(G) The strength of the company’s pro- that may be required to be paid under any under section 358. posal to provide operational assistance under guarantee under this part. ‘‘SEC. 354. SELECTION OF NEW MARKETS VEN- this part as the proposal relates to the abil- ‘‘(d) MAXIMUM GUARANTEE.— TURE CAPITAL COMPANIES. ity of the applicant to meet applicable cash ‘‘(1) IN GENERAL.—Under this section, the ‘‘(a) ELIGIBILITY.—A company shall be eli- requirements and properly utilize in-kind gible to apply to participate, as a New Mar- contributions, including the use of resources Administration may guarantee the deben- kets Venture Capital company, in the pro- for the services of licensed professionals tures issued by a New Markets Venture Cap- gram established under this part if— whether provided by persons on the com- ital company only to the extent that the ‘‘(1) the company is a newly formed for- pany’s staff or by persons outside of the com- total face amount of outstanding guaranteed profit entity or a newly formed for-profit pany. debentures of such company does not exceed subsidiary of an existing entity; ‘‘(H) Any other factors deemed appropriate 150 percent of the private capital of the com- ‘‘(2) the company has a management team by the Administration. pany, as determined by the Administration. with experience in community development ‘‘(3) NATIONWIDE DISTRIBUTION.—The Ad- ‘‘(2) TREATMENT OF CERTAIN FEDERAL financing or relevant venture capital financ- ministration shall select companies under FUNDS.—For the purposes of paragraph (1), ing; and paragraph (1) in such a way that promotes private capital shall include capital that is ‘‘(3) the company has a primary objective investment nationwide. considered to be Federal funds, if such cap- of economic development of low- or mod- ‘‘(d) REQUIREMENTS TO BE MET FOR FINAL ital is contributed by an investor other than erate-income geographic areas. APPROVAL.—The Administration shall grant an agency or department of the Federal Gov- ‘‘(b) APPLICATION.—To participate, as a each conditionally approved company a pe- ernment. New Markets Venture Capital company, in riod of time, not to exceed 2 years, to satisfy ‘‘SEC. 356. ISSUANCE AND GUARANTEE OF TRUST the program established under this part a the following requirements: CERTIFICATES. company meeting the eligibility require- ‘‘(1) CAPITAL REQUIREMENT.—Each condi- ‘‘(a) ISSUANCE.—The Administration may ments set forth in subsection (a) shall sub- tionally approved company must raise not issue trust certificates representing owner- mit an application to the Administration less than $5,000,000 of private capital or bind- ship of all or a fractional part of debentures that includes— ing capital commitments from 1 or more in- issued by a New Markets Venture Capital ‘‘(1) a business plan describing how the vestors (other than agencies or departments company and guaranteed by the Administra- company intends to make successful devel- of the Federal Government) who meet cri- tion under this part, if such certificates are opmental venture capital investments in teria established by the Administration. based on and backed by a trust or pool ap- identified low- or moderate-income geo- ‘‘(2) NONADMINISTRATION RESOURCES FOR proved by the Administration and composed graphic areas; OPERATIONAL ASSISTANCE.—In order to pro- solely of guaranteed debentures.

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‘‘(b) GUARANTEE.— tion 3(a)(42) of the Securities Exchange Act ‘‘(2) MATCHING REQUIREMENT.—The Admin- ‘‘(1) IN GENERAL.—The Administration of 1934 (15 U.S.C. 78c(a)(42)), trust certificates istration may require, as a condition of any may, under such terms and conditions as it issued under this section shall not be treated supplemental grant made under this sub- deems appropriate, guarantee the timely as government securities for the purposes of section, that the company or entity receiv- payment of the principal of and interest on that Act. ing the grant provide from resources (in cash trust certificates issued by the Administra- ‘‘SEC. 357. FEES. or in kind), other than those provided by the tion or its agents for purposes of this sec- ‘‘Except as provided in section 356(d), the Administration, a matching contribution tion. Administration may charge such fees as it equal to the amount of the supplemental ‘‘(2) LIMITATION.—Each guarantee under deems appropriate with respect to any guar- grant. this subsection shall be limited to the extent antee or grant issued under this part. ‘‘(c) LIMITATION.—None of the assistance of principal and interest on the guaranteed ‘‘SEC. 358. OPERATIONAL ASSISTANCE GRANTS. made available under this section may be debentures that compose the trust or pool. ‘‘(a) IN GENERAL.— used for any operating expense of a New Mar- ‘‘(3) PREPAYMENT OR DEFAULT.—In the ‘‘(1) AUTHORITY.—In accordance with this kets Venture Capital company or a special- event that a debenture in a trust or pool is section, the Administration may make ized small business investment company. prepaid, or in the event of default of such a grants to New Markets Venture Capital com- ‘‘SEC. 359. BANK PARTICIPATION. debenture, the guarantee of timely payment panies and to other entities, as authorized by ‘‘(a) IN GENERAL.—Except as provided in of principal and interest on the trust certifi- this part, to provide operational assistance subsection (b), any national bank, any mem- cates shall be reduced in proportion to the to smaller enterprises financed, or expected ber bank of the Federal Reserve System, and amount of principal and interest such pre- to be financed, by such companies or other (to the extent permitted under applicable paid debenture represents in the trust or entities. State law) any insured bank that is not a pool. Interest on prepaid or defaulted deben- ‘‘(2) TERMS.—Grants made under this sub- member of such system, may invest in any tures shall accrue and be guaranteed by the section shall be made over a multiyear pe- New Markets Venture Capital company, or Administration only through the date of riod not to exceed 10 years, under such other in any entity established to invest solely in payment of the guarantee. At any time dur- terms as the Administration may require. New Markets Venture Capital companies. ing its term, a trust certificate may be ‘‘(3) GRANTS TO SPECIALIZED SMALL BUSI- ‘‘(b) LIMITATION.—No bank described in called for redemption due to prepayment or NESS INVESTMENT COMPANIES.— subsection (a) may make investments de- default of all debentures. ‘‘(A) AUTHORITY.—In accordance with this scribed in such subsection that are greater ‘‘(c) FULL FAITH AND CREDIT OF THE UNITED section, the Administration may make than 5 percent of the capital and surplus of STATES.—The full faith and credit of the grants to specialized small business invest- the bank. United States is pledged to pay all amounts ment companies to provide operational as- that may be required to be paid under any ‘‘SEC. 360. FEDERAL FINANCING BANK. sistance to smaller enterprises financed, or guarantee of a trust certificate issued by the ‘‘Section 318 shall not apply to any deben- Administration or its agents under this sec- expected to be financed, by such companies ture issued by a New Markets Venture Cap- tion. after the effective date of the New Markets ital company under this part. ‘‘(d) FEES.—The Administration shall not Venture Capital Program Act of 2000. ‘‘SEC. 361. REPORTING REQUIREMENTS. ‘‘(B) USE OF FUNDS.— collect a fee for any guarantee of a trust cer- ‘‘Each New Markets Venture Capital com- ‘‘(i) IN GENERAL.—The proceeds of a grant tificate under this section, but any agent of pany that participates in the program estab- made under this paragraph may be used by the Administration may collect a fee ap- lished under this part shall provide to the the company receiving such grant only to proved by the Administration for the func- Administration such information as the Ad- provide operational assistance in connection tions described in subsection (f)(2). ministration may require, including— with an equity investment (made with cap- ‘‘(e) SUBROGATION AND OWNERSHIP ‘‘(1) information related to the measure- ital raised after the effective date of the New RIGHTS.— ment criteria that the company proposed in Markets Venture Capital Program Act of ‘‘(1) SUBROGATION.—In the event the Ad- its program application; and 2000) in a business located in a low- or mod- ministration pays a claim under a guarantee ‘‘(2) in each case in which the company erate-income geographic area. issued under this section, it shall be sub- under this part makes an investment in, or a ‘‘(ii) ADDITIONAL LIMITATION.—Operational rogated fully to the rights satisfied by such loan or grant to, a business that is not lo- assistance referred to in clause (i) may not payment. cated in a low- or moderate-income geo- be provided in connection with more than 1 ‘‘(2) OWNERSHIP RIGHTS.—No Federal, State, graphic area, a report on the number and equity investment. or local law shall preclude or limit the exer- percentage of employees of the business who ‘‘(C) SUBMISSION OF PLANS.—A specialized cise by the Administration of its ownership reside in such areas. rights in the debentures residing in a trust small business investment company shall be or pool against which trust certificates are eligible for a grant under this section only if ‘‘SEC. 362. EXAMINATIONS. issued under this section. the company submits to the Administrator, ‘‘(a) IN GENERAL.—Each New Markets Ven- ‘‘(f) MANAGEMENT AND ADMINISTRATION.— in such form and manner as the Adminis- ture Capital company that participates in ‘‘(1) REGISTRATION.— trator may require, a plan for use of the the program established under this part shall ‘‘(A) IN GENERAL.—The Administration grant. be subject to examinations made at the di- may provide for a central registration of all ‘‘(4) GRANT AMOUNT.— rection of the Investment Division of the Ad- trust certificates issued under this section. ‘‘(A) NEW MARKETS VENTURE CAPITAL COM- ministration in accordance with this section. ‘‘(B) FORMS OF REGISTRATION.—Nothing in PANIES.—The amount of a grant made under ‘‘(b) ASSISTANCE OF PRIVATE SECTOR ENTI- this subsection shall prohibit the use of a this subsection to a New Markets Venture TIES.—Examinations under this section may book entry or other electronic form of reg- Capital company shall be equal to the re- be conducted with the assistance of a private istration for trust certificates. sources (in cash or in kind) raised by the sector entity that has both the qualifica- ‘‘(2) CONTRACTING OF FUNCTIONS.— company under with section 354(d)(2). tions and the expertise necessary to conduct ‘‘(A) IN GENERAL.—The Administration ‘‘(B) OTHER ENTITIES.—The amount of a such examinations. may contract with an agent or agents to grant made under this subsection to any en- ‘‘(c) COSTS.— carry out on behalf of the Administration tity other than a New Markets Venture cap- ‘‘(1) ASSESSMENT.— the pooling and the central registration ital company shall be equal to the resources ‘‘(A) IN GENERAL.—The Administration functions provided for in this section includ- (in cash or in kind) raised by the entity in may assess the cost of examinations under ing, notwithstanding any other provision of accordance with the requirements applicable this section, including compensation of the law— to New Markets Venture Capital companies examiners, against the company examined. ‘‘(i) maintenance, on behalf of and under set forth in section 354(d)(2). ‘‘(B) PAYMENT.—Any company against the direction of the Administration, of such ‘‘(5) PRO RATA REDUCTIONS.—If the amount which the Administration assesses costs commercial bank accounts or investments in made available to carry out this section is under this paragraph shall pay such costs. obligations of the United States as may be insufficient for the Administration to pro- ‘‘(2) DEPOSIT OF FUNDS.—Funds collected necessary to facilitate the creation of trusts vide grants in the amounts provided for in under this section shall be deposited in the or pools backed by debentures guaranteed paragraph (4), the Administration shall account for salaries and expenses of the Ad- under this part; and make pro rata reductions in the amounts ministration. ‘‘(ii) the issuance of trust certificates to fa- otherwise payable to each company and enti- ‘‘SEC. 363. INJUNCTIONS AND OTHER ORDERS. cilitate the creation of such trusts or pools. ty under such paragraph. ‘‘(a) IN GENERAL.—Whenever, in the judg- ‘‘(B) FIDELITY BOND OR INSURANCE REQUIRE- ‘‘(b) SUPPLEMENTAL GRANTS.— ment of the Administration, a New Markets MENT.—Any agent performing functions on ‘‘(1) IN GENERAL.—The Administration may Venture Capital company or any other per- behalf of the Administration under this para- make supplemental grants to New Markets son has engaged or is about to engage in any graph shall provide a fidelity bond or insur- Venture Capital companies and to other en- acts or practices which constitute or will ance in such amounts as the Administration tities, as authorized by this part, under such constitute a violation of any provision of determines to be necessary to fully protect terms as the Administration may require, to this Act, or of any rule or regulation under the interests of the United States. provide additional operational assistance to this Act, or of any order issued under this ‘‘(3) APPLICABILITY OF THE SECURITIES EX- smaller enterprises financed, or expected to Act, the Administration may make applica- CHANGE ACT OF 1934.—Notwithstanding sec- be financed, by the companies. tion to the proper district court of the

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United States or a United States court of ‘‘(b) FIDUCIARY DUTIES.—It shall be unlaw- made available to a company licensed under any place subject to the jurisdiction of the ful for any officer, director, employee, agent, section 301(c) of this Act shall be determined United States for an order enjoining such or other participant in the management or by the amount of such company’s private acts or practices, or for an order enforcing conduct of the affairs of a New Markets Ven- capital— compliance with such provision, rule, regula- ture Capital company to engage in any act ‘‘(i) if the company has private capital of tion, or order, and such courts shall have ju- or practice, or to omit any act or practice, in not more than $15,000,000, the total amount risdiction of such actions and, upon a show- breach of the person’s fiduciary duty as such of leverage shall not exceed 300 percent of ing by the Administration that such New officer, director, employee, agent, or partici- private capital; Markets Venture Capital company or other pant if, as a result thereof, the company suf- ‘‘(ii) if the company has private capital of person has engaged or is about to engage in fers or is in imminent danger of suffering fi- more than $15,000,000 but not more than any such acts or practices, a permanent or nancial loss or other damage. $30,000,000, the total amount of leverage shall temporary injunction, restraining order, or ‘‘(c) UNLAWFUL ACTS.—Except with the not exceed $45,000,000 plus 200 percent of the other order, shall be granted without bond. written consent of the Administration, it amount of private capital over $15,000,000; ‘‘(b) JURISDICTION.—In any proceeding shall be unlawful— and under subsection (a), the court as a court of ‘‘(1) for any person to take office as an offi- ‘‘(iii) if the company has private capital of equity may, to such extent as it deems nec- cer, director, or employee of any New Mar- more than $30,000,000, the total amount of le- essary, take exclusive jurisdiction of the kets Venture Capital company, or to become verage shall not exceed $75,000,000 plus 100 New Market Venture Capital company and an agent or participant in the conduct of the percent of the amount of private capital over the assets thereof, wherever located, and the affairs or management of such a company, if $30,000,000 but not to exceed an additional court shall have jurisdiction in any such pro- the person— $15,000,000. ceeding to appoint a trustee or receiver to ‘‘(A) has been convicted of a felony, or any ‘‘(B) ADJUSTMENTS.— hold or administer under the direction of the other criminal offense involving dishonesty ‘‘(i) IN GENERAL.—The dollar amounts in court the assets so possessed. or breach of trust, or clauses (i), (ii), and (iii) of subparagraph (A) ‘‘(c) ADMINISTRATION AS TRUSTEE OR RE- ‘‘(B) has been found civilly liable in dam- shall be adjusted annually to reflect in- CEIVER.— ages, or has been permanently or tempo- creases in the Consumer Price Index estab- ‘‘(1) AUTHORITY.—The Administration may rarily enjoined by an order, judgment, or de- lished by the Bureau of Labor Statistics of act as trustee or receiver of a New Markets cree of a court of competent jurisdiction, by the Department of Labor. Venture Capital company. reason of any act or practice involving fraud, (ii) INITIAL ADJUSTMENTS.—The initial ad- ‘‘(2) APPOINTMENT.—Upon request of the or breach of trust; and justments made under this subparagraph Administration, the court may appoint the ‘‘(2) for any person continue to serve in after the date of enactment of the Small Administration to act as a trustee or re- any of the capacities described in paragraph Business Reauthorization Act of 1997 shall ceiver of a New Markets Venture Capital (1), if— reflect only increases from March 31, 1993. company unless the court deems such ap- ‘‘(A) the person is convicted of a felony, or ‘‘(C) INVESTMENTS IN LOW- OR MODERATE IN- pointment inequitable or otherwise inappro- any other criminal offense involving dishon- COME AREAS.—In calculating the outstanding priate by reason of the special circumstances esty or breach of trust, or leverage of a company for the purposes of involved. ‘‘(B) the person is found civilly liable in subparagraph (A), the Administrator shall ‘‘SEC. 364. ADDITIONAL PENALTIES FOR NON- damages, or is permanently or temporarily not include the amount of the cost basis of COMPLIANCE. enjoined by an order, judgment, or decree of any equity investment made by the company ‘‘(a) IN GENERAL.—With respect to any New a court of competent jurisdiction, by reason in a smaller enterprise located in a low- or Markets Venture Capital company that vio- of any act or practice involving fraud or moderate-income geographic area (as defined lates or fails to comply with any of the pro- breach of trust. in section 351), to the extent that the total of visions of this Act, of any regulation issued ‘‘SEC. 366. REMOVAL OR SUSPENSION OF DIREC- such amounts does not exceed 50 percent of under this Act, or of any participation agree- the company’s private capital.’’. ment entered into under this Act, the Ad- TORS OR OFFICERS. (2) MAXIMUM AGGREGATE LEVERAGE.—Sec- ministration may in accordance with this ‘‘Using the procedures for removing or sus- pending a director or an officer of a licensee tion 303(b)(4) of the Small Business Invest- section— ment Act of 1958 (15 U.S.C. 683(b)(4)) is ‘‘(1) void the participation agreement be- set forth in section 313 (to the extent such procedures are not inconsistent with the re- amended by adding at the end the following tween the Administration and the company; new subparagraph: and quirements of this part), the Administration ‘‘(D) INVESTMENTS IN LOW- OR MODERATE IN- ‘‘(2) cause the company to forfeit all of the may remove or suspend any director or offi- COME AREAS.—In calculating the aggregate rights and privileges derived by the company cer of any New Markets Venture Capital company. outstanding leverage of a company for the from this Act. purposes of subparagraph (A), the Adminis- ‘‘(b) ADJUDICATION OF NONCOMPLIANCE.— ‘‘SEC. 367. REGULATIONS. trator shall not include the amount of the ‘‘(1) IN GENERAL.—Before the Administra- ‘‘The Administration may issue such regu- cost basis of any equity investment made by tion may cause a New Markets Venture Cap- lations as it deems necessary to carry out the company in a smaller enterprise located ital company to forfeit rights or privileges the provisions of this part in accordance in a low- or moderate-income geographic under subsection (a), a court of the United with its purposes. area (as defined in section 351), to the extent States of competent jurisdiction must find ‘‘SEC. 368. AUTHORIZATIONS OF APPROPRIA- that the total of such amounts does not ex- that the company committed a violation, or TIONS. ceed 50 percent of the company’s private cap- failed to comply, in a cause of action ‘‘(a) IN GENERAL.—For fiscal years 2000 ital.’’. brought for that purpose in the district, ter- through 2005, the Administration is author- (e) BANKRUPTCY EXEMPTION FOR NEW MAR- ritory, or other place subject to the jurisdic- ized to be appropriated, to remain available KETS VENTURE CAPITAL COMPANIES.—Section tion of the United States, in which the prin- until expended— 109(b)(2) of title 11, United States Code, is cipal office of the company is located. ‘‘(1) such subsidy budget authority as may amended by inserting ‘‘a New Markets Ven- ‘‘(2) PARTIES AUTHORIZED TO FILE CAUSES OF be necessary to guarantee $150,000,000 of de- ture Capital company as defined in section ACTION.—Each cause of action brought by the bentures under this part; and 351 of the Small Business Investment Act of United States under this subsection shall be ‘‘(2) $30,000,000 to make grants under this 1958,’’ after ‘‘homestead association,’’. brought by the Administration or by the At- part. (f) FEDERAL SAVINGS ASSOCIATIONS.—Sec- torney General. ‘‘(b) FUNDS COLLECTED FOR EXAMINA- tion 5(c)(4) of the Home Owners’ Loan Act (12 ‘‘SEC. 365. UNLAWFUL ACTS AND OMISSIONS; TIONS.—Funds deposited under section U.S.C. 1464(c)(4)) is amended by adding at the BREACH OF FIDUCIARY DUTY. 362(c)(2) are authorized to be appropriated end the following: ‘‘(a) PARTIES DEEMED TO COMMIT A VIOLA- only for the costs of examinations under sec- ‘‘(F) NEW MARKETS VENTURE CAPITAL COM- TION.—Whenever any New Markets Venture tion 362 and for the costs of other oversight PANIES.—A Federal savings association may Capital company violates any provision of activities with respect to the program estab- invest in stock, obligations, or other securi- this Act, of a regulation issued under this lished under this part.’’. ties of any New Markets Venture Capital Act, or of a participation agreement entered (c) CONFORMING AMENDMENT.—Section company as defined in section 351 of the into under this Act, by reason of its failure 20(e)(1)(C) of the Small Business Act (15 Small Business investment Act of 1958, ex- to comply with its terms or by reason of its U.S.C 631 note) is amended by inserting cept that a Federal savings association may engaging in any act or practice that con- ‘‘part A of’’ before ‘‘title III’’. not make any investment under this sub- stitutes or will constitute a violation there- (d) CALCULATION OF MAXIMUM AMOUNT OF paragraph if its aggregate outstanding in- of, such violation shall also be deemed to be SBIC LEVERAGE.— vestment under this subparagraph would ex- a violation and an unlawful act committed (1) MAXIMUM LEVERAGE.—Section 303(b)(2) ceed 5 percent of the capital and surplus of by any person who, directly or indirectly, of the Small Business Investment Act of 1958 such savings association.’’. authorizes, orders, participates in, causes, (15 U.S.C. 683(b)(2)) is amended to read as fol- SEC. 706. BUSINESSLINC GRANTS AND COOPERA- brings about, counsels, aids, or abets in the lows: TIVE AGREEMENTS. commission of any acts, practices, or trans- ‘‘(2) MAXIMUM LEVERAGE.— Section 8 of the Small Business Act (15 actions that constitute or will constitute, in ‘‘(A) IN GENERAL.—After March 31, 1993, the U.S.C. 637) is amended by adding at the end whole or in part, such violation. maximum amount of outstanding leverage the following:

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.013 pfrm02 PsN: H25PT1 H6816 CONGRESSIONAL RECORD — HOUSE July 25, 2000 ‘‘(m) BUSINESSLINC GRANTS AND COOPERA- need to revitalize our cities and many TECHNICAL EXPLANATION OF THE TAX TIVE AGREEMENTS.— of our depressed rural areas. This is the PROVISIONS IN H.R. 4923 THE ‘‘COMMU- ‘‘(1) IN GENERAL.—In accordance with this day we will provide communities the NITY RENEWAL AND NEW MARKETS subsection, the Administrator may make ACT OF 2000’’ tools they need to once again become grants to and enter into cooperative agree- (Prepared by the Staff of the Joint ments with any coalition of private entities, self-reliant, and with that we give peo- Committee on Taxation) public entities, or any combination of pri- ple more control over their own fu- I. INTRODUCTION vate and public entities— tures. ‘‘(A) to expand business-to-business rela- This document, prepared by the staff of the tionships between large and small busi- The Community Renewal and New Joint Committee on Taxation, provides a nesses; and Markets Act breathes new life into technical explanation of the tax provisions ‘‘(B) to provide businesses, directly or indi- areas that have become America’s for- contained in H.R. 4923, the ‘‘Community Re- newal and New Markets Act of 2000.’’ rectly, with online information and a data- gotten communities. With this legisla- base of companies´ ´ that are interested in tion, we empower impoverished cities II. SUMMARY mentor-protege programs or community- and towns to rise above the perils of H.R. 4923, the ‘‘Community Renewal and based, state-wide, or local business develop- New Markets Act of 2000,’’ provides addi- ment programs. poverty. We give them the mechanisms tional tax incentives for targeted areas that ‘‘(2) MATCHING REQUIREMENT.—Subject to needed to mold faith, family, hard are identified as areas of pervasive poverty, subparagraph (B), the Administrator may work, and cooperation into oppor- high unemployment, and general economic make a grant to a coalition under paragraph tunity, while expanding the commu- distress. The bill also increases the limits (1) only if the coalition provides for activi- nity leaders’ ability to attract new in- with respect to the low-income housing tax ties described in paragraph (1)(A) or (1)(B) an credit and the private activity bond volume amount, either in kind or in cash, equal to vestment and grow existing businesses. caps. the grant amount. This bipartisan community renewal Tax incentives for renewal communities ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to initiative will provide poor inner cities The bill authorizes the Secretary of HUD carry out this subsection $6,600,000, to re- and rural areas with workable mecha- to designate up to 40 ‘‘renewal communities’’ main available until expended, for each of nisms that allow them to evaluate the from areas nominated by States and local fiscal years 2001 through 2003.’’. needs in their communities and address governments. At least eight of the des- them. This bill creates 40 renewal com- ignated renewal communities must be in The SPEAKER pro tempore (Mr. rural areas. In general, nominated areas are SIMPSON). Pursuant to the rule, the munities with targeted pro-growth tax ranked based on a formula that takes into gentleman from Pennsylvania (Mr. benefits, homeownership opportunities, account the area’s poverty rate, median in- ENGLISH) and the gentleman from New and other incentives that address the come, and unemployment rate. A nominated York (Mr. RANGEL) each will control 20 principal hurdles facing budding small area within the District of Columbia will be minutes. businesses: raising capital and main- designated as a renewal community (without regard to its ranking) beginning in 2003. The Chair recognizes the gentleman taining cash flow. from Pennsylvania (Mr. ENGLISH). A nominated area that is designated as a In a renewal community, individuals renewal community is eligible for the fol- GENERAL LEAVE would not pay capital gains taxes on lowing tax incentives during the period be- Mr. ENGLISH. Mr. Speaker, I ask the sale of renewal community busi- ginning July 1, 2001, and ending December 31, unanimous consent that all Members 2009: (1) a 100-percent capital gains exclusion may have 5 legislative days within nesses and business assets held for for capital gain from the sale of qualifying which to revise and extend their re- more than 5 years. Small businesses assets acquired after June 30, 2001, and before marks, and include extraneous mate- would also be able to expense up to January 1, 2010, and held for more than five rial on the bill, H.R. 4923. $35,000 more in equipment than they years; (2) a 15 percent wage credit to employ- The SPEAKER pro tempore. Is there are able to under current law. And ers for the first $10,000 of qualified wages those who revitalize buildings located paid to each employee who (i) is a resident of objection to the request of the gen- the renewal community, and (ii) performs tleman from Pennsylvania? in these renewal communities will re- substantially all employment services with- There was no objection. ceive a special deduction. in the renewal community in a trade or busi- Mr. ENGLISH. Madam Speaker, I ask Beyond that, this bill will stimulate ness of the employer; (3) a ‘‘commercial revi- unanimous consent that both sides in talization expenditure’’ that allows tax- State efforts to build the necessary in- this debate control an additional 10 payers (to the extent allocated by the appro- frastructure and rebuild economically minutes. priate State agency for the period after June The SPEAKER pro tempore. Is there depressed areas by accelerating the 30, 2001) to deduct either (i) 50 percent of objection to the request of the gen- scheduled increase in the amount of qualifying expenditures for the taxable year in which a qualified building is placed in tleman from Pennsylvania? tax exempt private bonds. Even more importantly, we will increase the service, or (ii) all of the qualifying expendi- Mr. RANGEL. Mr. Speaker, I am in tures ratably over a 10-year period beginning support of the bill and, under the rules amount of low-income tax credits a with the month in which such building is of the House, the time that is allocated State can allocate. This translates into placed in service; (4) an additional $35,000 of to me should more properly be allo- more and better housing opportunities section 179 expensing for qualified renewal cated to someone that is in opposition for low-income families. property placed in service after June 30, 2001 to the bill. The gentleman from Vir- and before January 1, 2010 by a renewal com- Today, through a variety of incen- munity business; (5) the expensing of certain ginia (Mr. SCOTT) is in opposition, and tives, we will create a fertile environ- environmental remediation expenditures in- so I ask that the 20 minutes allotted to ment for growth, with targeted pro- curred after June 30, 2001, and before Janu- me be yielded to him. growth tax benefits, regulatory relief, ary 1, 2010 within a renewal community; and The SPEAKER pro tempore. Does the savings accounts, and homeownership (6) an expansion of the Work Opportunity gentleman object to the additional 10 opportunities, as well as provide for Tax Credit with respect to qualified individ- minutes? uals who live in a renewal community. the inclusion of local faith-based orga- Mr. RANGEL. No, I have no objec- Extension and expansion of empowerment zone tion. nizations. This is an opportunity for incentives The SPEAKER pro tempore. There Congress to aid in lifting up those who The bill extends the designation of em- being no objection to the request of the have already been left behind during a powerment zone status for existing zones gentleman from Pennsylvania, the gen- time when many are enjoying the bene- (other than the D.C. Enterprise Zone) tleman from Virginia (Mr. SCOTT) will fits of a prospering economy. through December 31, 2009. In addition, the 20-percent wage credit is made available to control 30 minutes in opposition. With this legislation, we will truly The Chair recognizes the gentleman all existing empowerment zones beginning in make a difference in people’s lives and 2002 (and remains at the 20-percent rate). from Pennsylvania (Mr. ENGLISH). allow more people to participate in the Furthermore, $35,000 (rather than $20,000) of Mr. ENGLISH. Mr. Speaker, I yield additional section 179 expensing is available 1 American Dream. myself 2 ⁄4 minutes. for qualified zone property placed in service Today, Mr. Speaker, we will vote on Mr. Speaker, I submit for the RECORD mate- in taxable years beginning after December landmark legislation that will provide rial from the Joint Committee on Taxation rel- 31, 2001, by a qualified zone business. The bill our communities with the tools they evant to this bill. also extends an empowerment zone’s status

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.013 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6817 as a ‘‘target area’’ under section 198 (thus nesses and residents in low-income commu- 70 percent of the households have incomes permitting expensing of certain environ- nities. A ‘‘low-income community’’ generally below 80 percent of the median income of mental remediation costs) for costs incurred is defined as census tracts with either (1) households within the local government ju- after December 31, 2001, and before January poverty rates of at least 20 percent, or (2) risdiction; (3) the unemployment rate is at 1, 2010. Also beginning in 2002, certain busi- median family income which does not exceed least 1.5 times the national unemployment nesses in existing empowerment zones (other 80 percent of the greater of metropolitan rate; and (4) the area is one of pervasive pov- than the D.C. Enterprise Zone) become eligi- area income or statewide median family in- erty, unemployment, and general distress. ble for more generous tax-exempt bond rules. come. Those areas with the highest average rank- The bill also authorizes Secretaries of HUD Improvements in the low-income housing tax ing of eligibility factors (1), (2), and (3) above and Agriculture to designate nine additional credit would be designated as renewal commu- empowerment zones (seven to be located in nities. A nominated area within the District The bill increases the low-income housing urban areas and two in rural areas). The new of Columbia becomes a renewal community credit cap to $1.75 per resident between 2001 empowerment zones must be designated by (without regard to its ranking of eligibility and 2006 as follows: January 1, 2002, and the tax incentives with factors) provided that it satisfies the area respect to the new empowerment zones gen- Applicable and eligibility requirements and the required erally are available during the period begin- Calendar year credit amount State and local commitments described ning on January 1, 2002, and ending on De- 2001 ...... $1.35 below. The Secretary of HUD shall take into cember 31, 2009. Businesses in the new em- 2002 ...... 1.45 account in selecting areas for designation powerment zones are eligible for the same 2003 ...... 1.55 the extent to which such areas have a high tax incentives that, under this bill, are avail- 2004 ...... 1.65 incidence of crime, as well as whether the able to existing zones (i.e., a 20-percent wage 2005 ...... 1.70 area has census tracts identified in the May credit, $35,000 of additional section 179 ex- 2006 ...... 1.75 12, 1998, report of the General Accounting Of- pensing, the enhanced tax-exempt financing In addition, beginning in 2001, the per cap- fice regarding the identification of economi- benefits, and expensing of certain environ- ita cap is modified so that less populous cally distressed areas. mental remediation costs). States are given a minimum of $2 million of There are no geographic size limitations The bill permits a taxpayer to roll over annual credit cap. The $1.75 per capita credit placed on renewal communities. Instead, the gain from the sale or exchange of any quali- cap and the $2 million amount is indexed for boundary of a renewal community must be fied empowerment zone asset held for more inflation beginning in 2007. The bill also continuous. In addition, the renewal commu- than 1 year where the taxpayer uses the pro- makes several programmatic changes to the nity must have a minimum population of ceeds to purchase other qualifying empower- credit. 4,000 if the community is located within a metropolitan statistical area (at least 1,000 ment zone assets (in the same zone) within 60 Acceleration of phase-in of increase in private in all other cases) and a maximum popu- days of the sale of the original asset. In gen- activity bond volume cap eral, a qualifying empowerment zone asset lation of not more than 200,000. The popu- The bill accelerates the scheduled phased- refers to a stock or partnership investment lation limitations do not apply to any re- in increases in the present-law annual State in, or assets acquired by, a qualifying busi- newal community that is entirely within an private activity bond volume limits to $75 ness within an empowerment zone that is Indian reservation. per resident of each State or $225 million (if Required State and local communities.—In purchased by a taxpayer after the date of en- greater). The increase is phased in as follows, order for an area to be designated as a re- actment of the bill. beginning in calendar year 2001: The bill increases to 60 percent (from 50 newal community, State and local govern- ments are required to submit (1) a written percent) the exclusion of gain from the sale Calendar year Volume limit of qualifying small business stock held more course of action in which the State and local than five years where such stock also satis- 2001 ...... $55 per resident ($165 million if greater) governments promise to take at least four fies the requirements of a qualifying busi- 2002 ...... $60 per resident ($180 million if greater) governmental actions within the nominated 2003 ...... $65 per resident ($195 million if greater) area from a specified list of actions, and (2) ness under the empowerment zone rules. The 2004, 2005, 2006 ...... $70 per resident ($210 million if greater) a list of at least four economic measures the provision applies to qualifying small busi- 2007 and thereafter .. $75 per resident ($225 million if greater) State and local governments promise to take ness stock that is purchased after the date of (from a specified list of measures) if the area enactment of the bill. III. EXPLANATION OF THE TAX PROVISIONS IN H.R. 4923 is designated as a renewal community. Provide new markets tax credit Empowerment zones and enterprise a commu- The bill creates a new tax credit for quali- A. Renewal Community Provisions (Secs. nities seeking designation as renewal commu- fied equity investments made after Decem- 101–103 of the Bill) nities.—An empowerment zone or enterprise ber 31, 2000, to acquire stock in a community PRESENT LAW community can apply for designation as a re- development entity (‘‘CDE’’). The maximum In recent years, provisions have been added newal community. If a renewal community annual amount of qualifying equity invest- to the Internal Revenue Code that target designation is granted, then an area’s des- ments is capped as follows: specific geographic areas for special Federal ignation as an empowerment zone or enter- income tax treatment. As described in great- prise community ceases as of the date the Maximum qualifying area’s designation as a renewal community Calendar year equity investment er detail below, empowerment zones and en- terprise communities generally provide tax takes effect. 2001 ...... $1.0 billion incentives for businesses that locate within Tax incentives for renewal communities 2002–2003 ...... $1.5 billion per year 2004–2005 ...... $2.0 billion per year certain geographic areas designated by the The following tax incentives generally 2006–2007 ...... $3.5 billion per year Secretaries of Housing and Urban Develop- would be available during the period begin- ment (‘‘HUD’’) and Agriculture. ning July 1, 2001, and ending December 31, The amount of the credit allowed to the in- EXPLANATION OF PROVISION 2009. vestor is (1) a five-percent credit for the year The bill authorizes the designation of 40 100-percent capital gain exclusion.—The bill in which the equity interest is purchased ‘‘renewal communities’’ within which special provides a 100-percent capital gains exclu- from the CDE and for the first two anniver- tax incentives will be available. sion for gain from the sale of a qualified sary dates after the purchase from the CDE, community asset acquired after June 30, 2001 and (2) a six percent on each anniversary Designation process and before January 1, 2010, and held for more date thereafter for the following four years. Designation of 40 renewal communities.—Sec- than five years. A ‘‘qualified community The credit is recaptured if the entity fails to retary of HUD is authorized to designate up asset’’ includes: (1) qualified community continue to be a CDE or the interest is re- to 40 ‘‘renewal communities’’ from areas stock (meaning original-issue stock pur- deemed within seven years. nominated by States and local governments. chased for cash in a renewal community A CDE is any domestic corporation or At least eight of the designated communities business); (2) a qualified community partner- partnership (1) whose primary mission is must be in rural areas. The Secretary of ship interest (meaning a partnership interest serving or providing investment capital for HUD is required to publish (within four acquired for cash in a renewal community low-income communities or low-income per- months after enactment) regulations de- business); and (3) qualified community busi- sons, (2) that maintains accountability to scribing the nomination and selection proc- ness property (meaning tangible property residents of low-income communities ess. Designations of renewal communities originally used in a renewal community through representation on governing or advi- are to be made within 24 months after such business by the taxpayer) that is purchased sory boards, and (3) is certified by the Treas- regulations are published. The designation of or substantially improved after June 30, 2001. ury Department as an eligible CDE. A quali- an areas as a renewal community generally A ‘‘renewal community business’’ is simi- fied equity investment means stock or a will be effective on July 1, 2001, and will ter- lar to the present-law definition of an enter- similar equity interest acquired directly minate after December 31, 2009. prise zone business. Property will continue from a CDE for cash. Substantially all of the Eligiblity criteria.—To be designated as a re- to be a qualified community asset if sold (or cash must be used by the CDE to make in- newal community, a nominated areas must otherwise transferred) to a subsequent pur- vestments in, or loans to, qualified active meet the following criteria: (1) each census chaser, provided that the property continues businesses located in low-income commu- tract must have a poverty rate of at least 20 to represent an interest in (or tangible prop- nities, or certain financial services to busi- percent; (2) in the case of urban area, at least erty used in) a renewal community business.

VerDate 25-JUL-2000 05:04 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.023 pfrm02 PsN: H25PT1 H6818 CONGRESSIONAL RECORD — HOUSE July 25, 2000 The termination of an area’s status as a re- 198 (which permits the expensing of environ- maximum of $20 million for each principal newal community will not affect whether mental remediation costs). Thus, taxpayers user for all zones and communities) do not property is a qualified community asset, but can elect to treat certain environmental re- apply to qualifying bonds issued for Round II any gain attributable to the period before mediation expenditures that otherwise would empowerment zones. The tax incentives with July 1, 2001, or after December 31, 2014, will be capitalized as deductible in the year paid respect to the Round II empowerment zones not be eligible for the exclusion. or incurred. This provision applies to expend- generally are available during the 10-year pe- Renewal community employment credit.—A itures incurred after June 30, 2001, and before riod of 1999 through 2008. 15-percent wage credit is available to em- January 1, 2010. EXPLANATION OF PROVISION ployers for the first $10,000 of qualified wages Extension of work opportunity tax credit Extension of tax incentives for Round I and paid to each employee who (1) is a resident of (‘‘WOTC’’).—The bill expands the high-risk Round II empowerment zones the renewal community, and (2) performs youth and qualified summer youth cat- substantially all employment services with- egories in the WOTC to include qualified in- The designation of empowerment zone sta- in the renewal community in a trade or busi- dividuals who live in a renewal community. tus for Round I and Round II empowerment zones (other than the District of Columbia ness of the employer. The wage credit rate EFFECTIVE DATE applies to qualifying wages paid after June Enterprise Zone) is extended through Decem- Renewal communities must be designated ber 31, 2009. In addition, the 20-percent wage 30, 2001, and before January 1, 2010. within 24 months after publication of regula- Wages that qualify for the credit are wages credit is made available in all Round I and II tions by HUD. The tax benefits available in that are considered ‘‘qualified zone wages’’ empowerment zones for qualifying wages renewal communities are effective for the for purposes of the empowerment zone wage paid or incurred after December 31, 2001. The period beginning July 1, 2001, and ending De- credit (including coordination with the Work credit rate remains at 20 percent (rather cember 31, 2009. Opportunity Tax Credit). In general, any tax- than being phased down) through December able business carrying out activities in the B. Extension and Expansion of Empower- 31, 2009, in Round I and Round II empower- renewal community may claim the wage ment Zone Incentives (secs. 201–205 of the ment zones. credit. bill) In addition, $35,000 (rather than $20,000) of Commercial revitalization deduction.—The PRESENT LAW additional section 179 expensing is available bill allows each State to allocate up to $12 Round I empowerment zones for qualified zone property placed in service million of ‘‘commercial revitalization ex- The Omnibus Budget Reconciliation Act of in taxable years beginning after December penditures’’ to each renewal community lo- 1993 (‘‘OBRA 1993’’) authorized the designa- 31, 2001, by a qualified business in any of the cated within the State for each calendar tion of nine empowerment zones (‘‘Round I empowerment zones. Businesses in the D.C. year after 2001 and before 2010 ($6 million for empowerment zones’’) and 95 enterprise com- Enterprise Zone are entitled to the addi- the period of July 1, 2001 through December munities to provide tax incentives for busi- tional section 179 expensing until the termi- 31, 2001). The appropriate State agency will nesses to locate within targeted areas des- nation of the D.C. zone designation. The bill make the allocations pursuant to a qualified ignated by the Secretaries of HUD and Agri- also extends an empowerment zone’s status allocation plan. culture. The targeted areas must have a con- as a ‘‘targeted area’’ under section 198 (thus A ‘‘commercial revitalization expenditure’’ dition of pervasive poverty, high unemploy- permitting expensing of environmental re- means the cost of a new building or the cost ment, and general economic distress, and mediation costs). The bill applies to expenses of substantially rehabilitating an existing satisfy certain eligibility criteria, including incurred after December 31, 2001, and before building. The building must be used for com- specified poverty rates and population and January 1, 2010. Businesses located in Round I empower- mercial purposes and be located in a renewal geographic size limitations. Six of the em- ment zones (other than the D.C. Enterprise community. In the case of the rehabilitation powerment zones are located in urban areas Zone) also are eligible for the more generous of an existing building, the cost of acquiring and three are located in rural areas. The tax-exempt bond rules that apply under the building will be treated as qualifying ex- Taxpayer Relief Act of 1997 (‘‘1997 Act’’) au- present law to businesses in the Round II penditures only to the extent that such costs thorized the designation of two additional empowerment zones (sec. 1394(f)). The bill ap- do not exceed 30 percent of the other reha- Round I urban empowerment zones. bilitation expenditures. The qualifying ex- Businesses in the 11 Round I empowerment plies to tax-exempt bonds issued after De- penditures for any building cannot exceed $10 zones qualify for the following tax incen- cember 31, 2001. Bonds that have been issued million. tives: (1) a 20-percent wage credit for the by businesses in Round I zones before Janu- A taxpayer can elect either to (a) deduct first $15,000 of wages paid to a zone resident ary 1, 2002, are not taken into account in ap- one-half of the commercial revitalization ex- who works in the empowerment zone, (2) an plying the limitations on the amount of new penditures for the taxable year the building additional $20,000 of section 179 expensing for empowerment zone facility bonds that can be is placed in service or (b) amortize all the ex- qualifying zone property, and (3) expanded issued under the bill. penditures ratably over the 120-month period tax-exempt financing for certain qualifying Nine new empowerment zones beginning with the month the building is zone facilities. Businesses in the enterprise The Secretaries of HUD and Agriculture placed in service. No depreciation is allowed communities are eligible for the expanded are authorized to designate nine additional for amounts deducted under this provision. tax-exempt financing benefits, but not the empowerment zones (‘‘Round III empower- The adjusted basis is reduced by the amount other tax incentives available to empower- ment zones’’). Seven of the Round III em- of the commercial revitalization deduction, ment zones. The tax incentives with respect powerment zones would be located in urban and the deduction is treated as a deprecia- to the empowerment zones designated by areas, and two would be located in rural tion deduction in applying the depreciation OBRA 1993 generally are available during the areas. recapture rules (e.g., sec. 1250). 10-year period of 1995 through 2004. The tax The eligibility and selection criteria for The commercial revitalization deduction is incentives with respect to the two additional the Round III empowerment zones are the treated in the same manner as the low in- Round I empowerment zones generally are same as the criteria that applied to the come housing credit in applying the passive available during the 10-year period of 2000 Round II empowerment zones. The Round III loss rules (sec. 469). Thus, up to $25,000 of de- through 2009 (except for the wage credit, empowerment zones must be designated by ductions (together with the other deductions which expires after 2007). January 1, 2002, and the tax incentives with and credits not subject to the passive loss respect to the Round III empowerment zones limitation by reason of section 469(i)) are al- Round II empowerment zones generally are available during the period be- lowed to an individual taxpayer regardless of The 1997 Act also authorized the designa- ginning on January 1, 2002, and ending on De- the taxpayer’s adjusted gross income. The tion of 20 additional empowerment zones (‘‘Round II empowerment zones’’), of which cember 31, 2009. commercial revitalization deduction is al- Businesses in the Round III empowerment lowed in computing a taxpayer’s alternative 15 are located in urban areas and five are lo- cated in rural areas. Businesses in the Round zones are eligible for the same tax incentives minimum taxable income. that, under the bill, are available to Round I Additional section 179 expensing.—A renewal II empowerment zones are not eligible for and Round II empowerment zones (i.e., a 20- community business is allowed an additional the wage credit, but are eligible to receive percent wage credit, an additional $35,000 of $35,000 of section 179 expensing for qualified up to $20,000 of additional section 179 expens- section 179 expensing, and the enhanced tax- renewal property placed in service after June ing. Businesses in the Round II empower- exempt financing benefits presently avail- 30, 2001, and before January 1, 2010. The sec- ment zones also are eligible for more gen- able to Round II empowerment zones). The tion 179 expensing allowed to a taxpayer is erous tax-exempt financing benefits than Round III empowerment zones also are con- phased out by the amount by which 50 per- those available in the Round I empowerment sidered ‘‘targeted areas’’ for purposes of per- cent of the cost of qualified renewal property zones. Specifically, the tax-exempt financing mitting expensing of certain environmental placed in service during the year by the tax- benefits for the Round II empowerment zones remediation costs under section 198. payer exceeds $200,000. The term ‘‘qualified are not subject to the State private activity renewal property’’ is similar to the defini- bond volume caps (but are subject to sepa- EFFECTIVE DATE tion of ‘‘qualified zone property’’ under sec- rate per-zone volume limitations), and the The extension of the existing empower- tion 1397C. per-business size limitations that apply to ment zone designations is effective after the Expensing of environmental remediation costs the Round I empowerment zones and enter- date of enactment. (‘‘brownfields’’).—A renewal community is prise communities (i.e., $3 million for each The extension of the tax benefits to exist- treated as a ‘‘targeted area’’ under section qualified enterprise zone business with a ing empowerment zones (i.e., the expanded

VerDate 25-JUL-2000 05:04 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.026 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6819 wage credit, the additional section 179 ex- income communities. For example, tax in- at least 20 percent (based on the most recent pensing, the brownfields designation, and the centives are available to taxpayers that in- census data), or (2) median family income more generous tax-exempt bond rules gen- vest in specialized small business investment which does not exceed 80 percent of the erally is effective after December 31, 2001. companies licensed by the Small Business greater of metropolitan area income or The new Round III empowerment zones Administration to make loans to, or equity statewide median family income (for a non- must be designated by January 1, 2002, and investments in, small businesses owned by metropolitan census tract, 80 percent of non- the tax incentives with respect to the Round persons who are socially or economically dis- metropolitan statewide median family in- III empowerment zones generally are avail- advantaged. come). able during the period beginning on January EXPLANATION OF PROVISION A ‘‘qualified active business’’ is defined as 1, 2002, and ending on December 31, 2009. The bill creates a new tax credit for quali- a business which satisfies the following re- C. Rollover of gain from the sale of a quali- fied equity investments made to acquire quirements: (1) at least 50 percent of the fied empowerment zone investment (sec. stock in a selected community development total gross income of the business is derived 206 of the bill) entity (‘‘CDE’’). The maximum annual from the active conduct of trade or business PRESENT LAW amount of qualifying equity investments is activities in low-income communities; (2) a In general, gain or loss is recognized on capped as follows: substantial portion of the use of the tangible any sale, exchange, or other disposition of property of such business is used within low- property. A taxpayer (other than a corpora- Calendar year Maximum qualifying equity investment income communities; (3) a substantial por- tion of the services performed for such busi- tion) may elect to roll over without payment 2001 ...... $1.0 billion of tax any capital gain realized upon the sale 2002–2003 ...... $1.5 billion per year ness by its employees is performed in low-in- of qualified small business stock held for 2004–2005 ...... $2.0 billion per year come communities; and (4) less than 5 per- more than six months where the taxpayer 2006–2007 ...... $3.5 billion per year cent of the average aggregate of unadjusted uses the proceeds to purchase other qualified bases of the property of such business is at- The amount of the new tax credit to the in- small business stock within 60 days of the tributable to certain financial property or to vestor (either the original purchaser or a sale of the original stock. collectibles held for sale to customers). subsequent holder) is (1) a five-percent credit EXPLANATION OF PROVISION There is no requirement that employees of for the year in which the equity interest is the business be residents of the low income Under the bill, a taxpayer can elect to roll purchased from the CDE and the first two community. over capital gain from the sale or exchange anniversary dates after the interest is pur- Rental of improved commercial real estate of any qualified empowerment zone asset chased from the CDE, and (2) a six percent located in a low-income community is a purchased after the date of enactment and credit on each anniversary date thereafter qualified active business, regardless of the held for more than one year (‘‘original zone for the following four years. The taxpayer’s characteristics of the commercial tenants of asset’’) where the taxpayer uses the proceeds basis in the investment is reduced by the the property. The purchase and holding of to purchase other qualifying empowerment amount of the credit (other than for pur- unimproved real estate is not a qualified ac- zone assets in the same zone (‘‘replacement poses of calculating the capital gain exclu- tive business. In addition, a qualified active zone asset’’) within 60 days of the sale of the sion under sections 1202, 1400B, and 1400F). business does not include (a) any business original zone asset. The holding period of the The credit is subject to the general business consisting predominantly of the develop- replacement zone asset includes the holding credit rules. ment or holding of intangibles for sale or li- period of the original zone asset, except that A CDE is any domestic corporation or cense; (b) operation of any facility described the replacement zone asset must actually be partnership (1) whose primary mission is in sec. 144(c)(6)(B); or (c) any business if a held for more than one year to qualify for serving or providing investment capital for significant equity interest in such business another tax-free rollover. The basis of the re- low-income communities or low-income per- is held by a person who also holds a signifi- placement zone asset is reduced by the gain sons, (2) that maintains accountability to cant equity interest in the CDE. A qualified not recognized on the rollover. However, if residents of low-income communities active business can include an organization the replacement zone asset is qualified small through representation on governing or advi- that is organized on a non-profit basis. business stock (as defined in sec. 1202), the sory boards, or otherwise and (3) is certified EFFECTIVE DATE exclusion under section 1202 would not apply by the Treasury Department as an eligible to gain accrued on the the original zone as- CDE. No later than 60 days after enactment, The provision is effective for qualified in- sets. A ‘‘qualified empowerment zone asset’’ the Treasury Department shall issue regula- vestment made after December 31, 2000. means an asset that would be a qualified tions that specify objective criteria to be F. INCREASE LOW-INCOME HOUSING TAX CRED- community asset if the empowerment zone used by the Treasury to allocate the credits IT CAP AND RELATED PROGRAM MODIFICA- were a renewal community (and the asset is among eligible CDEs. In allocating the cred- TIONS (SECS. 401–407 OF THE BILL) acquired after the date of enactment of the its, the Treasury Department will give pri- PRESENT LAW bill). Assets in the D.C. Enterprise Zone are ority to entities with records of having suc- The low-income housing tax credit may be not eligible for the tax-free rollover treat- cessfully provided capital or technical assist- claimed annually over a 10-year period for ment. ance to disadvantaged businesses or commu- the cost of rental housing occupied by ten- EFFECTIVE DATE nities. ants having incomes below specified levels. The provision is effective for qualifying as- If a CDE fails to sell equity interests to in- The credit percentage of newly constructed sets purchased after the date of enactment. vestors up to the amount authorized within or substantially rehabilitated housing that D. Increased exclusion of gain from the sale five years of the authorization, then the re- is not Federally subsidized is adjusted of qualifying empowerment zone stock maining authorization is canceled. The monthly by the IRS so that the 10 annual in- (sec. 207 of the bill) Treasury Department can authorize another stallments have a present value of 70 percent CDE to issue equity interests for the unused of the total qualified expenditures. The cred- PRESENT LAW portion. No authorization can be made after Under present law, an individual, subject it percentage for new substantially rehabili- 2014. tated housing also receiving most other Fed- to limitations, may exclude 50 percent of the A ‘‘qualified equity investment’’ is defined eral subsidies and for existing housing is cal- gain from the sale of qualifying small busi- as stock or a similar equity interest acquired culated to have a present value of 30 percent ness stock held more than five years (sec. directly from a CDE in exchange for cash. of the total qualified expenditures. The new 1202). Substantially all of the investment proceeds credit authority provided annually is $1.25 EXPLANATION OF PROVISION must be used by the CDE to make ‘‘qualified per resident of each State. Projects that also low-income community investments,’’ mean- The exclusion for small business stock is receive financing with proceeds of tax-ex- ing equity investments in, or loans to, quali- increased to 60 percent for stock purchased empt bonds issued subject to the private fied active businesses located in low-income after the date of enactment in a corporation bond volume limit and receive the low in- communities, certain financial counseling that is a qualified business entity and that is come housing credit outside the State’s cred- and other services specified in regulations to held for more then five years. A ‘‘qualified it cap. business entity’’ means a corporation that businesses and residents in low-income com- satisfies the requirements of a qualifying munities. EXPLANATION OF PROVISION business under the empowerment zone rules The stock or equity interest cannot be re- The bill increases the annual State credit (sec. 1379B(b)) during substantially all the deemed (or otherwise cashed out) by the CDE caps from $1.25 to $1.75 per resident during taxpayer’s holding period. for at least seven years. If an entity fails to the period between years 2001 and 2006 as fol- EFFECTIVE DATE be a CDE during the seven-year period fol- lows: lowing the taxpayer’s investment, or if the The provision is effective for qualified Applicable equity interest is redeemed by the issuing stock purchased after the date of enactment. Calendar year credit amount CDE during that seven-year period, then any 2001 ...... $1.35 E. New markets tax credit (sec. 301 of the credits claimed with respect to the equity in- 2002 ...... 1.45 bill) terest are recaptured (with interest) and no 2003 ...... 1.55 PRESENT LAW further credits are allowed. 2004 ...... 1.65 Some tax incentives are available to tax- A ‘‘low-income community’’ is defined as 2005 ...... 1.70 payers making investments and loans in low- census tracts with either (1) poverty rates of 2006 ...... 1.75

VerDate 25-JUL-2000 05:04 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.028 pfrm02 PsN: H25PT1 H6820 CONGRESSIONAL RECORD — HOUSE July 25, 2000 In addition, beginning in 2001, the per cap- sons (‘‘private activity bonds’’) is taxable un- subject to other limits on their volume ita cap is modified so that small population less the activities are specified in the Code. (qualified veterans’ mortgage bonds and cer- states are given a minimum of $2 million of Private activity bonds on which interest tain empowerment zone and enterprise com- annual credit cap. The $1.75 per capita credit may be tax exempt include bonds for pri- munity bonds). The current annual volume cap and the $2 million amount are indexed vately-operated transportation facilities limits are $50 per resident of the State or for inflation beginning in 2007. The bill also (airports, docks and wharves, mass transit, $150 million (if greater). An increase in these makes several programmatic changes to the and high speed rail facilities), privately- volume limits to $75 per resident or $225 mil- credit. owned or privately-provided municipal serv- lion (if greater) is scheduled to be phased-in EFFECTIVE DATE ices (water, sewer, solid waste disposal, and during calendar years 2003–2007. certain electric and heating facilities), eco- The provisions generally are effective for EXPLANATION OF PROVISION nomic development (small manufacturing fa- calendar years after December 31, 2000, and The bill accelerates the currently sched- cilities and redevelopment in economically buildings placed in service after such date in uled phased increase in the present-law an- depressed areas), certain social programs the case of projects that also receive financ- nual State private activity bond volume lim- (low-income rental housing, qualified mort- ing with proceeds of tax-exempt bonds sub- its to $75 per resident of each State or $225 gage bonds, student loan bonds, and exempt ject to the private activity bond volume million (if greater). The increase is phased-in activities of charitable organizations de- limit which are issued after such date. as follows, beginning in calendar year 2001: scribed in Code sec. 501(c)(3)). G. INCREASE IN PRIVATE ACTIVITY BOND The volume of tax-exempt private activity Calendar year Volume limit STATE VOLUME LIMITS (SEC. 501 OF THE BILL) bonds that States and local governments PRESENT LAW may issue in each calendar year is limited by 2001 ...... $55 per resident ($165 million if greater) 2002 ...... $60 per resident ($180 million if greater) Interest on bonds issued by States and State-wide volume limits. The volume limits 2003 ...... $65 per resident ($195 million if greater) local governments is excluded from income if do not apply to private activity bonds to fi- 2004, 2005, 2006 ...... $70 per resident ($210 million if greater) the proceeds of the bonds are used to finance nance airports, docks and wharves, certain 2007 and thereafter .. $75 per resident ($225 million if greater) activities conducted or paid for by the gov- governmentally owned, but privately oper- ernmental units. Interest on bonds issued by ated, solid waste disposal facilities, certain EFFECTIVE DATE these governmental units to finance activi- high speed rail facilities, and certain types The volume limit increases are effective ties carried out and paid for by private per- of private activity tax-exempt bonds that are beginning in calendar year 2001. ESTIMATED REVENUE EFFECTS ON H.R. 4923, THE ‘‘COMMUNITY RENEWAL AND NEW MARKETS ACT OF 2000’’—FISCAL YEARS 2001–2005 [Millions of Dollars]

Provision Effective 2001 2002 2003 2004 2005 2001–05

1. Designate 40 renewal communities, 8 of which are in rural areas, to receive the following tax benefits: 0% capital gains tax rate on quali- fying assets held more than 5 years; deduction for qualified revitalization expenditures, capped at $6 million per community in 2001 and $12 million thereafter; an additional $35,000 of section 179 expensing; expensing of qualifying environmental remediation costs; a wage credit of 15% on first $10,000 of qualified wages ...... DOE 1 ¥75 ¥545 ¥576 ¥578 ¥606 ¥2,380 2. Provide new markets tax credit with allocation authority of $1.0 billion in 2001, $1.5 billion in 2002 and 2003, $2.0 billion in 2004 and 2005, and $3.5 billion in 2006 and 2007 ...... ima 12/31/00 ¥2 ¥18 ¥115 ¥246 ¥365 ¥747 3. Designate 9 new empowerment zones, extend present-law empowerment zone designations through 12/31/09, expand the 20% wage credit to all empowerment zones, increase the additional section 179 expensing to $35,000 for all empowerment zones including D.C. in 2002, and extend the more favorable round II tax exempt financing rules to all existing and new empowerment zones excluding D.C...... DOE 2 ...... ¥246 ¥476 ¥474 ¥541 ¥1,737 4. Capital gain rollover of empowerment zone assets and increased exclusion of gain on sale of certain empowerment zone investments ...... ima DOE (3) ¥3 ¥15 ¥32 ¥52 ¥102 5. Improvements in the Low-Income Housing Credit—increase per capita credit to $1.35 in 2001, $1.45 in 2002, $1.55 in 2003, $1.65 in 2004, $1.70 in 2005, $1.75 in 2006, and indexed for inflation thereafter; $2 million small State minimum beginning in 2001 and indexed for inflation beginning in 2007; modify stacking rules and credit allocation rules; certain Native American housing assistance disregarded in determining whether building is Federally subsidized for purposes of the low-income housing credit ...... tyba 12/31/00 ¥4 ¥24 ¥68 ¥140 ¥239 ¥475 6. Accelerate 5-year phasein of private activity bond volume cap ...... cyba 12/31/00 ¥10 ¥39 ¥80 ¥122 ¥155 ¥406 Net total ...... ¥91 ¥875 ¥1,330 ¥1,592 ¥1,958 ¥5,847 1 The Secretary of Housing and Urban Development must prescribe regulations for the nomination process no later than 4 months after the date of enactment. 2 Area may be designated as an empowerment zone any time after the date of enactment and before 1/1/02. The tax benefits generally become effective after 12/31/01 and terminate on 12/31/09. 3 Loss of less than $500,000. Note: Details may not add to totals due to rounding. Legend for ‘‘Effective’’ column: cyba = calendar years beginning after; DOE = date of enactment; ima = investments made after; tyba = taxable years beginning after.

Mr. ENGLISH. Mr. Speaker, I reserve For example, Mr. Speaker, the Su- gious liberties by failing to protect the balance of my time. preme Court, in various cases, has them from discrimination based on Mr. SCOTT. Mr. Speaker, I yield my- ruled that we cannot constitutionally their refusal to participate in religious self such time as I may consume. fund pervasively sectarian organiza- activities by a tax-funded religious Mr. Speaker, first of all, this is an tions. And they use several standards: provider.’’ The provision further awkward process because the bill was one, whether or not the program is lo- threatens to excessively entangle the just printed up late last night, and we cated near a house of worship; an abun- institutions of church and State, and have not gotten a final version of it. I dance of religious symbols on the they oppose the charitable choice pro- assume it is the same version that we premises; religious discrimination in visions. saw a couple of days ago. the institution’s hiring practices; the This bill contains some provisions presence of religious activities; the The list includes the American Asso- that are truly troublesome; and we are purposeful articulation of a religious ciation of University Women, the in the process right now, because we mission. American Baptist Churches, the Amer- are under suspension of the rules, Well, if we look at those problems ican Civil Liberties Union, the Amer- where there is no opportunity to and then we look at charitable choice, ican Jewish Congress, the Americans amend the bill to eliminate the prob- where this bill will allow the direct United for Separation of Church and lem created by the charitable choice funding of churches located near a State, the Baptist Joint Committee for provisions of the bill. Now, usually, house of worship, this is in a house of Public Affairs, and that is just through even if we have a closed rule and can- worship. An abundance of religious the B’s in the list. That is why this not offer amendments, at least we have symbols. The bill specifically says we provision should be deleted. a rule and we can argue about whether cannot require the removal of religious or not we should have had the oppor- symbols. Religious discrimination in Mr. Speaker, there is another prob- tunity to offer an amendment. But we an institution’s hiring practices. That lem with the bill, and that is the way do not even have that. We have to vote is in the bill. They can discriminate. it deals with drug treatment programs. this thing up or down. Presence of religious activities. It is in By specifically funding the church-run We have heard comments about the the church. So on and so forth. drug programs, we fund in the bill find- good in the bill. The charitable choice This is so clearly pervasively sec- ings by Congress, and let me read them provision is a provision that will allow tarian, and, Mr. Speaker, that is why so my colleagues will know what is in direct funding of churches, and that many organizations have written us. In the bill: ‘‘Congress finds that estab- creates a number of problems constitu- one letter, that came today, a group lishing unduly rigid or uniform edu- tionally as well as how it is imple- wrote, ‘‘This charitable choice provi- cational qualifications for counselors mented. sion threatens the beneficiaries’ reli- and other personnel in drug treatment

VerDate 25-JUL-2000 05:04 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.030 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6821 programs may undermine the effective- zations should not be barred from Fed- Committee on Ways and Means and ness of such programs, and such edu- eral funds because they are a Christian generally for these kinds of commu- cational requirements for counselors organization and they like to hire nities. I know he represents a number and other personnel may hinder or pre- Christians.’’ of distressed communities. I just want vent the provision of needed drug Mr. Speaker, there was a time when to thank him for his role in getting treatment services.’’ some Americans because of their reli- this bill out here. b 1200 gion were not considered qualified for Before I make my statement, I want certain jobs. In fact, before 1960 it was to take a few minutes or a brief mo- It further says that ‘‘the Government thought a Catholic could not be elected ment to respond to the comments made shall not discriminate against edu- president. And before the civil rights by my friend, the gentleman from Vir- cation and training provided to such laws of the 1960s, people of certain reli- ginia (Mr. SCOTT). It is a sign of his personnel by religious organizations so gions suffered invidious discrimination typical principle stand and his elo- long as education and training includes in employment routinely. quence that he made such a powerful basic content substantially equivalent Fortunately, the civil rights laws of statement. to the content provided by nonreligious the 1960’s put an end to that practice But let me just say that the part of organizations that the state or local and we no longer see signs suggesting the bill that he is referring to is a pro- government would credit for purposes that those of certain religions need not vision that simply allows faith-based of determining whether the relevant apply for certain jobs. drug and alcohol counseling groups to requirements have been satisfied.’’ Now, when those civil rights laws participate in Federal programs in this That is a provision that has provoked were passed, there was a common sense sense, that a voucher would be given to a number of drug counseling organiza- exception that allowed religious orga- people who have substance abuse or al- tions to write to oppose the bill, in- nizations to discriminate based on reli- cohol problems, and they could, if they cluding the American Counseling Asso- gion. When, for example, a Catholic wished, use that voucher at a faith- ciation, the American Mental Health church hires a priest, they can, of based program if they think that would Counselors Association, the American course, require that the prospective be more effective and if that fits with Public Health Association, the Amer- priest be Catholic. Or when a Jewish their life. ican Psychological Association, the synagogue hires a rabbi, they can, of This is similar to what we already do American Society for Addiction Medi- course, require that the rabbi be Jew- with regard to day-care programs, with cine, and the Anxiety Disorder Associa- ish. But those exemptions apply to pri- regard to community service block tion of America. That just gets us vate funds, not Federal funds. grants. It is similar to what we did in down through the A’s. Many religious organizations already the welfare reform bill. It simply gives There is another provision in here sponsor Federal funds. Catholic char- individuals a choice. And the reason is, that adds insult to injury; and that is, ities will sponsor federally funded pro- quite frankly, that these groups are if a person does not want to participate grams. But one does not have to be highly effective in stopping drug abuse. in the church-run program, that they Catholic to get a job because the civil They have a 60 to 80 percent cure rate. are entitled to be referred to a separate rights laws apply to Federal funds. It is kind of foolish to operate a Fed- but equal program somewhere else. Lutheran Family Services sponsors eral drug and alcohol substance abuse I think it is an insult to suggest that Federally funded programs, but one program and exclude from participa- Brown v. Board of Education is not does not have to be Lutheran to get a tion those groups which have the alive and well in America. job. Yet, section 582(e) specifically pro- greatest success in stopping drug or al- But there is a final provision in the vides that programs’ sponsors can look cohol abuse. We simply want them to bill that I think is particularly egre- a job applicant in the eye and say that, be in in the same basis in which we gious, and this is a provision that al- although this is being run with Federal have allowed similar groups to partici- lows the sponsors of Federal programs taxpayers’ money, they do not qualify pate in similar programs. to discriminate in their hiring based on for a job because they do not hire their There is no constitutional problem religion. kind because of their religion. because the choice vests in the indi- There is a provision in section 582(e) That is wrong. This bill should not vidual. There is no more problem here of the bill that says specifically that pass with this. We do not have an op- than there is when a student uses a the title VII prohibition against dis- portunity to amend the bill because of Pell Grant to go to Notre Dame or Ye- crimination in hiring based on religion the procedural situation we are in. shiva. It is the same principle. will not apply to these programs. This bill, therefore, ought to be op- I understand the concern of the gen- Civil rights laws should apply to fed- posed because it is unconstitutional, tleman, and I too regret that we erally funded programs, Mr. Speaker. because it funds pervasively sectarian brought this up under a summary pro- The idea that religious bigotry might organizations. It ought to be opposed cedure. And yet I would say it has been take place with Federal funds in this because it insults professional drug so long since we have passed a com- bill is not speculative. The bill specifi- counselors by denigrating their profes- prehensive program designed to help cally provides that religious sponsors sional credentials. And the bill ought poor people in this country that I will are not covered by title VII of the Civil to be opposed because it brings back take it any way I can get it. If this is Rights Act. separate but equal in drug programs the only way I can get it here, I will During the prior debates we have had and specifically provides for religious say to the gentleman I will take it this on charitable choice, we have heard bigotry in hiring with taxpayers’ way. how this would work. Cited on page money. I am sorry that he did not have more H 4687 of the CONGRESSIONAL RECORD on Mr. Speaker, I frankly do not care chance to study it and to comment June 22 of last year, the gentleman how much money might come to my upon it, and I appreciate his position. from Texas (Mr. EDWARDS) asked a community. I am not going to turn the Let me just say that this is the most major sponsor of charitable choice if a clock back on fundamental civil and significant anti-poverty program to religious organization using Federal constitutional rights. come out of Washington in decades. It funds could fire or refuse to hire a per- Mr. Speaker, I reserve the balance of is significant not only in its size and fectly qualified employee because of my time. its scope but also in the fact that it that person’s religion; and the response Mr. ENGLISH. Mr. Speaker, it is a represents a true bipartisan consensus. from the supporter of charitable great privilege for me to yield 4 min- This bill is strongly supported by the choice, which was never disputed dur- utes to the gentleman from Missouri President of the United States, without ing that debate or subsequent debates (Mr. TALENT) one of the most active whose advocacy it would not be here. It was, ‘‘a Jewish organization can fire a advocates of community renewal legis- is strongly supported by my friend, the Protestant if they choose.’’ lation over the last few Congresses. gentlewoman´ from New York (Ms. Last month, the supporter of chari- Mr. TALENT. Mr. Speaker, I thank VELAZQUEZ); by my friend, the gen- table choice was quoted in Congres- the gentleman for yielding me the tleman from Chicago (Mr. DAVIS); by sional Quarterly saying that ‘‘organi- time. I appreciate his advocacy on the the gentleman from Oklahoma (Mr.

VerDate 25-JUL-2000 05:08 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.051 pfrm02 PsN: H25PT1 H6822 CONGRESSIONAL RECORD — HOUSE July 25, 2000 WATTS), who will speak later; by the from Oklahoma (Mr. WATTS), the gen- stitutional questions, and these things gentleman from Pennsylvania (Mr. tleman from Louisiana (Mr. JEFFER- have to be studied. But also we know ENGLISH); by me; by, of course, the gen- SON), the gentleman from Illinois (Mr. when we are talking about treating tleman from New York (Mr. RANGEL), DAVIS) and to see what we have that people in drugs that we know that the distinguished ranking member on has worked with empowerment zones; there are institutions that spiritually the Committee on Ways and Means, what we can do to improve upon these do better than other people that have who graciously allowed his friend, the things and to see what concepts really been trained but still do not have the gentleman from Virginia (Mr. SCOTT), worked in order to get access to cap- people that have the type of faith to have the time to speak in opposi- ital, which is so necessary if we are which is necessary in order to do it. tion; and because it represents prin- going to talk about economic growth. When we start walking down this ciples we all agree on now. The jobs from our communities, most road, we take some gambles because We know the Federal Government of the jobs in the United States, they Minister Farakan has been very, very cannot get people out of poverty by do not come from the big firms. They good in making certain that people itself. We also know that individuals come from small business people that who are drug addicts, people who vio- cannot just pull themselves up by the hire people from the community. And late the law, people who go back to jail bootstraps when they are raised in it is these people that cannot get peo- time and time again that he has been communities where families are in dis- ple to really invest so that they can ex- able to cause these people to join the tress, where the institutions of private pand and really hire more people from Muslim religion, not drink alcohol, not society that the rest of us relied upon the community. be promiscuous, and not to do drugs. But we have all types of programs to to help us grow and to be nurtured no b 1215 longer exist. But they can do it with encourage investment overseas. We help. They can do it with help from have the Overseas Protection Insur- And so when you are saying that you their neighbors. And that is the key. ance Corporation that allows for people want it for one faith-based organiza- This bill is designed to increase the to feel more secure. And so, what we tion, you open the door for others. I tools, the prestige, the visibility of re- have done is to snatch some of those hope these type of things can be cor- development groups, of neighborhood included in the bill and let people be rected. But I want to commend the intermediaries who are rebuilding the able to feel just as secure as investing members of the committees for work- infrastructure of life in poor urban and in their own community as they would ing together in a bipartisan way and rural communities around America. overseas. giving us a chance to vote for some- I have traveled, as have many of the We hear a lot of talk when trade bills thing. other advocates for this bill, around come to the House floor about how im- Mr. ENGLISH. Mr. Speaker, I yield 1 this country. I talked to people in San portant it is going to be for us to ex- minute to the gentlewoman from Con- Antonio and Washington and Missouri pand our markets, how important ex- necticut (Mrs. JOHNSON), a distin- and Indianapolis about what they are ports are going to be, how important it guished member of the Committee on doing to help their neighbors. This are is to get people to increase demand. Ways and Means who has been fighting rebuilding these communities. Well, if it can work for overseas mar- for low-income housing. They are going to do it I think, Mr. kets, why can it not work for Ameri- Mrs. JOHNSON of Connecticut. Mr. Speaker, whether we do anything cans? We have got 2 million people Speaker, I thank the gentleman for about it or not. But we have the privi- locked up in jail in these United yielding time, and I rise in strong sup- lege and the opportunity to help them States, more than all of the people in port of this bipartisan legislation with this bill. China, higher per capita than any na- which will help revitalize our most dis- I am pleased and proud to be part of tion in the world. And we know that, advantaged communities. It simply a body that has come together without with the proper education and eco- gives communities the tools they need regard to party; that has set aside ideo- nomic opportunity, it did not have to to revitalize their neighborhoods. It in- logical baggage; that has worked with be this way. cludes pro-growth tax incentives, the President of the United States, who We spend billions of dollars just brownfields cleanup, regulatory relief, has taken the lead with the Speaker of keeping them in jail; where that, if we all things that will help create jobs in the House. could create an education and eco- our distressed cities. Let us get this bill passed, move it nomic growth situation where they I want to talk about one provision over to the Senate, and show the peo- know that they would be a part of it, that not only deals with the regenera- ple we can get this done for the most they would opt not for jail but opt to tion of the economic base of our cities vulnerable among our fellow citizens. be a part of the prosperity that we are but will enable people to live close to Mr. SCOTT. Mr. Speaker, I yield 5 enjoying. their jobs by expanding the number of minutes to the gentleman from New So if we are concerned about creating affordable housing units in our dis- York (Mr. RANGEL) the ranking mem- markets, why can we not go to the tressed neighborhoods. This bill in- ber of the Committee on Ways and poorer communities that we have to cludes an increase in the low-income Means. start talking about the same full em- housing tax credit cap and important (Mr. RANGEL asked and was given ployment that we have on the national reforms to that program. Increasing permission to revise and extend his re- average to make certain that every the cap has the overwhelming support marks.) block, every road, every village, every of the Members of this House and will Mr. RANGEL. Mr. Speaker, I rise in community knows what the concept of result in an expansion of the Federal- support of this piece of legislation. It full employment can be. State program that has produced more might be the most historic bipartisan And when people have money that, affordable rental housing across Amer- piece of legislation that we have been after they pay their expenses for shel- ica than any other program; but due to able to agree on passed and signed into ter and food and education and health inflation, its value and its power in our law in this session. care and start saving, it means that lives has been eroded 50 percent. It is very unusual when the President there is more money available for more I ask strong support of the bill of my of the United States can get together people to be able to expand their busi- colleagues. with the Speaker and say that some- nesses. But the most important thing Mr. SCOTT. Mr. Speaker, I yield my- thing has to be done when we find this is that they will have what? Disposable self 30 seconds, and that is to comment country enjoying such a robust econ- income, so that they would again get from a letter that I have received from omy and yet, know, that in many of more bang for the buck, as we find that several national organizations which the rural and inner-city areas, they people that now have such limited in- says that the National Institute of have not the slightest idea as to what comes will have more incomes to buy Drug Addiction said that it is not the Chairman Greenspan is talking about the things so America can continue position to support these claims of 60 and to see how the Speaker was able to manufacturing. to 80 percent cure rates. One commonly work with the gentleman from Mis- The gentleman from Virginia (Mr. cited study which is nearly 30 years old souri (Mr. TALENT), the gentleman SCOTT) raises some legitimate con- has never been repeated and was not

VerDate 25-JUL-2000 05:08 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.090 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6823 published in a peer review journal. This APIC is structured to make max- and suburban and middle class could letter was signed by, as I indicated, imum use of scarce Federal resources. benefit from it as well. Almost every about 20 or 30 national drug abuse orga- Without going into the details, the bot- member of the Committee on Ways and nizations. tom line is that a Federal credit sub- Means signed the letter asking that it Mr. Speaker, I yield such time as he sidy of only $36 million a year as deter- be included as part of this bipartisan may consume to the gentleman from mined by OMB will create at least $7.5 package. Pennsylvania (Mr. KANJORSKI). billion in targeted investments over Mr. Speaker, my hope is that as we Mr. KANJORSKI. Mr. Speaker, I ask the next 5 years. move through this process that we can unanimous consent because of the re- I would also like to note that this work together, the chairman, the rank- quest for additional time on both sides bill includes a number of other critical ing member, the Speaker as well as the that the Chair allow 10 minutes addi- Democratic and presidential initia- White House, to include expanded ef- tional debate on both sides of the aisle. tives, including the new markets tax forts to clean up so-called brownfields. The SPEAKER pro tempore (Mr. credit, the new markets venture cap- It is all about jobs. The average clean- SIMPSON). Is there objection to the re- ital program, the creation of nine addi- up of a brownfield is only about quest of the gentleman from Pennsyl- tional empowerment zones, and a 40 $500,000; but if you think of those com- vania? percent increase in the volume cap for munities, and every community has Without objection, each side is recog- the low-income housing tax credit. one, has those blighted areas in com- nized for an additional 10 minutes. I would urge passage of this bill and munities that we can recycle, reuse There was no objection. Mr. SCOTT. Mr. Speaker, I yield 3 immediate Senate action, also. and revitalize, it will help every Amer- Mr. ENGLISH. Mr. Speaker, it gives minutes to the gentleman from New ican community. I ask that it be in- me a great deal of pleasure to yield 2 cluded as we move through the process. York (Mr. LAFALCE), the ranking mem- minutes to the distinguished gen- ber of the Committee on Banking and Thank you for this opportunity to speak re- Financial Services. tleman from Illinois (Mr. WELLER), one garding H.R. 4923, the Community Renewal (Mr. LAFALCE asked and was given of the leaders on the Committee on and New Markets Act. While I stand in support permission to revise and extend his re- Ways and Means on the issue of of this bill, I would like to offer my concerns marks.) brownfields remediation. regarding a provision which was not included Mr. LAFALCE. I thank the gen- (Mr. WELLER asked and was given in this bill. tleman for yielding me this time. permission to revise and extend his re- For the past several months, I have been Mr. Speaker, an important compo- marks.) working with several of my colleagues on the nent of today’s bill is title VI, Amer- Mr. WELLER. Mr. Speaker, I rise in Ways and Means Committee to expand the el- ica’s private investment companies, strong support of this bipartisan effort igible sites allowed to deduct the cost of envi- also known as APIC. This title incor- to help blighted communities across ronmental remediation expenditures under porates the text of H.R. 2764 as passed America. I stand in strong support par- Section 198 of the Code to include all by the House Committee on Banking ticularly of the expansion of the low- brownfield sites. This provision has broad bi- and Financial Services earlier this income housing tax credit provisions, partisan support with 22 cosponsors from the spring. H.R. 2764 was introduced by my- something that benefits every commu- Ways and Means Committee. A similar provi- self, the gentleman from Pennsylvania nity in America. sion was included in the Taxpayer Refund and I thought I would take my time just (Mr. KANJORSKI), the ´ gentlewoman Relief Act of 1999 and the Senate's version of from New York (Ms. VELAZQUEZ), and a to draw attention to an issue I feel last year's extenders bill S. 1792. We had number of other Democrats last year. that we could do more for in this legis- hoped to have this provision included in H.R. APIC is a component of the adminis- lation as it moves through the legisla- 4923, but were not afforded the opportunity tration’s new markets initiative and tive process, and that is the issue of because the bill was never brought before the was in fact the first component of the brownfields. People often wonder, what Ways and Means Committee. new markets initiative to receive con- is a brownfield? As you drive through Brownfields sites exist throughout all of our gressional approval through a bipar- your rural or your suburban or middle- districtsÐabandoned eyesores that blight our tisan vote of the House Committee on class community or inner-city commu- urban, rural and suburban communities drag Banking and Financial Services earlier nity, you see that old abandoned gas down local economies. Many brownfields this spring. station that no one ever buys and fixes properties are located in prime business loca- Approval of APIC represents a bold up or you see that old industrial park tions near critical infrastructure, including effort to bring economic opportunities on the side of town that no one ever transportation, and close to a productive work- and quality jobs to individuals and buys and recycles or reuses or revital- force. As Members of Congress, we should be communities being left behind our izes, and you find out the chief reason striving to enact policies that put as many of strong economic expansion. APIC is is because it needs some environmental these sites as possible back into productive structured to ensure that Federal re- cleanup; and because of that financial use, contributing to the economic and pro- sources are targeted to create opportu- liability, investors are hesitant to buy ducing good paying jobs where they are need- nities for lower-income families and in- it. ed most. dividuals. This is accomplished by pro- In 1997 as part of the Balanced Budg- The first step towards doing this is to reme- viding $1 billion a year in Federal loan et Act, a group of us worked success- diate these sites environmentally. The U.S. guarantees to a number of different fully to provide a tax incentive, a tax Conference of Mayors estimates that there are APICs, private investment companies, incentive which attracted private in- over 400,000 brownfields sites across the which will be established specifically vestors to buy these old brownfields, to country. We clearly cannot limit the treatment to invest in businesses operating in clean them up; and because of fiscal of Section 198 to merely targeted areas. De- low-income communities. concerns at the time, we left it tar- velopment of these sites will help restore Under the legislation, substantially geted to low-income areas. Since then, many blighted areas, create jobs where unem- all investments made with APIC-guar- as that provision has been working to ployment is high and ease pressure to de- anteed loans or equity used to support clean up and revitalize low-income velop beyond the fringes of communities. such loans must be made in low-income areas, the folks that live in the rural Small, urban centered businesses often ben- communities, defined as census tracts and suburban and middle-class commu- efit most directly by this redevelopment. with poverty rates in excess of 20 per- nities have often said, Hey, wait a sec- Some estimates suggest that there may be cent or median family income levels ond here. There are 425,000 brownfields as many as 150,000 brownfield sites in urban below 80 percent of the local or State across America. Only about one-fifth of areas and up to as many as 425,000 nation- median. And successful APIC licensees those qualify for the current tax incen- wide. In a recent survey, the U.S. Conference must pursue public-purpose goals, tive. Why not help those blighted areas of Mayors study estimates that approximately. which include creating good-paying in those communities as well. 21,000 brownfield sites exist in 210 cities sur- jobs, making investments in low-in- A group of us, in fact 22 of us on the veyed (large and small). This represents al- come communities, and working with Committee on Ways and Means, co- most 81,000 acres of land. Two-thirds of the community-based organizations and sponsored legislation to eliminate that 210 cities surveyed estimated that if their local residents. targeting so every community, rural brownfields sites were redeveloped, it would

VerDate 25-JUL-2000 05:31 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.056 pfrm02 PsN: H25PT1 H6824 CONGRESSIONAL RECORD — HOUSE July 25, 2000 bring in additional tax revenues between $878 clude all brownfield sites. Simply lifting this up a whole new marketplace for Amer- million and $2.4 billion annually. More than targeting requirement would lower the cost ican companies, and this is what our 550,000 jobs could be created on former of the measure to only $43 million. new enterprise will do. It will harness Thank you for your consideration of this the entrepreneurial power that exists brownfields sites. It is estimated that the aver- important issue. age cost of brownfields cleanup is $500,000. Sincerely, in these cities and towns. This initia- In Chicago, Illinois, there are an estimated Phil Crane, Clay Shaw, Nancy Johnson, tive will rebuild these communities by 2,000 brownfield sites. According to the Con- Amo Houghton, Wally Herger, Jim providing the necessary anchors, and ference of Mayors study, if these sites in Chi- McCrery, Dave Camp, Jim Ramstad, not just a quick fix, that will lead to cago were cleaned up it would mean a $78 Jim Nussle, Jennifer Dunn, Mac Col- real growth and opportunity. million increase in tax revenue and an in- lins, Rob Portman, Phil English, Wes Today, we are sending a message to crease in 34,000 jobs. This would be very im- Watkins, JD Hayworth, Jerry Weller, every American, from the family in portant to the local economy. Kenny Hulshof, Scott McInnis, Ron rural Appalachia who does not even Mr. Speaker, I ask that you and Chairman Lewis, Mark Foley. Charlie Rangel, Pete Stark, Bob Matsui, have safe drinking water, to the Latina ARCHER continue to work with myself and Bill Coyne, Sandy Levin, Ben Cardin, living in ‘‘el barrio’’ trying to make other members of the Ways and Means Com- Jim McDermott, Gerald Kleczka, John ends meet and the African American mittee who are interested in removing the tar- Lewis, Richard Neal, Michael McNulty, youth looking for an alternative to geting requirement on the existing brownfields William Jefferson, John Tanner, Xavier running with the local gang. This eco- expensing provision to allow brownfield sites Becerra, Karen Thurman, Lloyd nomic boom must benefit everyone and to be cleaned up in all of our districts. I ask Doggett. to ensure that they too will be able to that this provision be included in the Con- Mr. SCOTT. Mr. Speaker, I yield 3 live the beauty of their dreams. ference Report on H.R. 4923. minutes to the gentlewoman´ from New I urge passage of this legislation. CONGRESS OF THE UNITED STATES, York (Ms. VELAZQUEZ), who is the Mr. ENGLISH. Mr. Speaker, it gives Washington, DC, June 9, 2000. ranking member of the Committee on me great pleasure to yield 4 minutes to Hon. BILL ARCHER, Small Business.´ the distinguished gentleman from Chairman, House Ways and Means Committee, (Ms. VELAZQUEZ asked and was Oklahoma (Mr. WATTS), one of the Longworth House Office Building, Wash- given permission to revise and extend most distinguished advocates of com- ington, DC. her remarks.) munity renewal in the House. DEAR CHAIRMAN ARCHER: This letter is to ´ urge you to include in your chairman’s mark Ms. VELAZQUEZ. Mr. Speaker, I rise Mr. WATTS of Oklahoma. Mr. Speak- for the pending Community Revitalization in strong support of H.R. 4923. One of er, today I rise in support of H.R. 4923, tax package a provision included in H.R. America’s most resolute first ladies, the Community Renewal and New Mar- 4003, which expands the eligible sites allowed Eleanor Roosevelt, once said, ‘‘The fu- kets Act, which I was proud to sponsor to deduct the cost of environmental remedi- ture belongs to those who believe in along with my good friends and col- ation expenditures under Section 198 of the the beauty of their dreams.’’ leagues, the gentleman from Missouri Code to include all brownfield sites. We have heard throughout the last 10 (Mr. TALENT) and the gentleman from As you know, this provision has broad bi- years how America is in the greatest partisan support with 22 cosponsors from the Illinois (Mr. DAVIS). Ways and Means Committee. A similar pro- economic expansion in our history. America is truly blessed as we con- vision was included in the Taxpayer Refund Jobs have been created at an expo- tinue in the longest economic boom in and Relief Act of 1999 and the Senate’s nential rate and prosperity is every- our history. But with all this extraor- version of last year’s extenders bill, S. 1792. where. Well, almost everywhere. You dinary prosperity in every region of the The community revitalization tax package see, even in these times of great pros- country, there is still an unseen hunger agreed to by President Clinton and Speaker perity, many Americans are being left that we ignore at great moral peril. It Hastert, acknowledges the importance of behind. Too many areas across our Na- is a hunger that comes from struggling cleaning up so called ‘‘brownfields’’ by allow- ing the expensing of clean up costs for such tion have not seen the economic boom neighborhoods where vacant properties sites located within the newly added em- that has benefited so many of their fel- become home to crack users who de- powerment zones and renewal communities. low citizens. stroy the sense of safety and security a This validates the appropriateness of the ex- Indeed, the statistics show that our community needs to grow and prosper. pensing policy enacted in 1997 when Section communities have unemployment rates These are the neighborhoods where po- 198 was added to the Code. that are in some cases double the na- tential business sites are neglected be- However, brownfields are not limited to tional average. What they have seen is cause of the cost of environmental empowerment zones and renewal commu- more of the same: poverty, joblessness cleanup. These are the neighborhoods nities. Brownfields sites exist throughout our districts—abandoned eyesores that and hopelessness. where venture capital does not ven- blight our urban, rural and suburban com- Today, we have taken a large step to- ture. munities and drag down local economies. ward breaking that cycle, and breaking Despite the strongest economic Many brownfields properties are located in it permanently. H.R. 4923, the Commu- growth in this Nation’s history, too prime business locations near critical infra- nity Renewal and New Markets Act of many people living in America’s poor- structure, including transportation, and 2000, is an unequaled effort providing a est neighborhoods are still being left close to a productive workforce. As Members real chance for business owners and en- behind. Today, we can do something of Congress, we should be striving to enact trepreneurs in rural and urban cities about that by voting for H.R. 4923. policies that put as many of these sites as This legislation establishes a model possible back into productive use, contrib- and towns throughout America. This uting to the economy and producing good legislation will help attract investors that merges new ideas about venture paying jobs where they are needed most. to places with high unemployment and capital, regulatory reform, drug and al- The first step towards doing this is to re- too little hope for determining their cohol rehabilitation, housing and mediate these sties environmentally. The own future. homeownership, environmental clean- U.S. Conference of Mayors estimates that One of the sections of this bill, the up, commercial revitalization and tax there are over 400,000 brownfields sites across New Markets Venture Capital Pro- incentives. the country. We clearly cannot limit the gram, provides venture capital, the I want to commend the gentleman treatment of Section 198 to merely targeted areas. Development of these sites will help principal financial tool that has cre- from Texas (Mr. ARCHER) and the gen- restore many blighted areas, create jobs ated a multitude of Internet and high- tleman from New York (Mr. RANGEL) where unemployment is high and ease pres- tech companies that currently and the gentleman from Pennsylvania sure to develop beyond the fringes of commu- dot.coms the American business land- (Mr. ENGLISH) for working so hard to nities. Small, urban centered businesses scape. make important tax aspects of this bill often benefit most directly by this redevel- In short, NMVCs are public-private work. I also want to commend the gen- opment. partnerships that bring equity invest- tleman from Iowa (Mr. LEACH) and the Again, we urge you to include in your ment and technical assistance to those gentleman from New York (Mr. LA- mark for the community revitalization package the provision in H.R. 4003 which ex- areas that need it the most. FALCE) and the gentleman from New pands the eligible sites allowed to deduct the Mr. Speaker, by creating these long- York (Mr. LAZIO) for their hard work cost of environmental remediation expendi- term partnerships between the private on the housing and community devel- tures under Section 198 of the Code to in- sector and government, we are opening opment provisions. I also commend the

VerDate 11-MAY-2000 03:15 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.014 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6825 gentlewoman´ from New York (Ms. This compromise occurs because of a areas without bringing back the envi- VELAZQUEZ), who worked tirelessly lot of good people in this body, in the ronment of those areas. We need a Fed- with the gentleman from Missouri (Mr. Senate, and, particularly, the Presi- eral vehicle to accomplish that end. TALENT) on the small business provi- dent of the United States, have the This amendment that was supposed sions. dream of extending American oppor- to be part of this bill in the House, and I want to especially thank my origi- tunity to those distressed communities I think was agreed to by the Speaker in nal cosponsors, the gentleman from and pockets of America that have not Chicago with the President last No- Missouri (Mr. TALENT) and the gen- participated in the economic boom of vember, does not appear in the context tleman from Illinois (Mr. DAVIS), who the last 8 years. of this bill. I think we all have to be shared this vision and worked tire- Last year, I had the occasion to trav- good sports. Sometimes we are not lessly over the years to keep this legis- el with the President of the United happy with what happens, but I hope lation moving. States the length and width of this that the Senate will attach that country. We stopped in more than a b 1230 amendment to the bill as it proceeds. dozen communities and saw their Mr. Speaker, I urge my colleagues on Mr. Speaker, I also want to thank needs. Each night at dinner or some both sides of the aisle in conference to Reverend Floyd Flake, who made a tre- other gathering, we discussed what we support that plan. In the meantime mendous contribution to this legisla- saw that day. We concluded that there trying to be a sport and a player on the tion when he served with us here in was not a uniform problem in America, team for progress, I compliment both Congress. and not any one single community was sides of the aisle and the leadership in Most importantly, I want to thank the same as another community, in proceeding through with this bill the gentleman from Illinois (Mr. terms of its base problem. In other today. HASTERT), Speaker of the House, for words, Mr. Speaker, there is no silver Mr. Speaker, I urge all of my col- not simply endorsing this bill, but for bullet to bring economic opportunity leagues in the House to support H.R. embracing this bill, and devoting him- and improved quality of life to many of 4923. It is the right thing to do at the self to hours of negotiations with the those citizens that do not share it right time. In the midst of American White House and the President to come today. prosperity we should give those dis- to the product we are voting on today. I think this legislation does go a tressed communities across America an Friends, today we can deliver hope great distance in starting to develop opportunity to share in the benefits and opportunity to America’s most dis- tools that will help economically lag- that most of Americans have shared in tressed communities. Make a dif- ging communities. Whether it be the for the last 8 years. ference. Vote ‘‘yes’’ for the Community Indian tribes of South Dakota or the Mr. ENGLISH. Mr. Speaker, how Renewal and New Markets Act and cre- inner city of Hartford, Connecticut, or much time is remaining on both sides? ate homeownership and opportunity in the Delta of Mississippi, all of these The SPEAKER pro tempore (Mr. savings and get rid of these blighted communities will find something with- SIMPSON). The gentleman from Penn- spots in these communities with the in this bill that can lead them along sylvania (Mr. ENGLISH) has 27 minutes brownfields effort. the road to more economic develop- remaining, and the gentleman from Let me say before I close, I would ment and increased economic oppor- Virginia (Mr. SCOTT) has 151⁄2 minutes like to thank the gentleman from New tunity for their citizens. remaining. York (Mr. RANGEL), who has fought I would hope, as this bill proceeds Mr. ENGLISH. Mr. Speaker, I yield 3 tirelessly to raise the cap on the pri- from the House to conference with the minutes to the distinguished gen- vate activities bonds. This is the only Senate, that my friends in the House tleman from New York (Mr. LAZIO), the way that many of these communities will recognize that there are other chairman of the Subcommittee on will get assistance, going in and taking good demonstration projects that are Housing and Community Opportunity. rundown housing complexes or com- being attached as part of this bill, par- Mr. LAZIO. Mr. Speaker, let me say plexes that financial institutions will ticularly in the Senate. Our colleague how wonderful it feels for me to be in not invest in; but by raising the cap on in Pennsylvania, Senator SANTORUM, this Chamber and to hear a broad base these private activity bonds, we can for example, has added a demonstra- of support for this incredibly impor- get private investment to purchase tion project to renew areas by attack- tant piece of legislation. On the right, these bonds that will give the capital ing regional problems comprehen- on the left, there are things that we needed to rehab these different housing sively. love about this bill. efforts within these communities. I ap- Included in the Senate version of the Mr. Chairman, I want to thank the preciate that effort as well. bill by Senator SANTORUM will be the gentleman from Texas (Chairman I want to thank the gentleman from Anthracite Region Redevelopment Act. ARCHER) and the gentleman from Iowa Pennsylvania (Mr. ENGLISH), again, for The gentleman from Pennsylvania (Mr. (Chairman LEACH) for their leadership his efforts on the Committee on Ways SHERWOOD) on the Republican side and in helping to refine this bill. I also and Means. I support this plan. The gentleman want to thank the ranking members, Mr. SCOTT. Mr. Speaker, I yield 4 from Pennsylvania (Mr. GEKAS) and the the gentleman from New York (Mr. minutes to the gentleman from Penn- gentleman from Pennsylvania (Mr. RANGEL), the gentleman from New sylvania, (Mr. KANJORSKI), the ranking HOLDEN) also support this proposal York (Mr. LAFALCE), for all of their member of the Subcommittee on Cap- from the standpoint that it represents work. I want to thank the people who ital Markets, Securities and Govern- an approach and a methodology to at- created the original dream of this bill, ment Sponsored Enterprises of the tack land destroyed as a result of prior the gentleman from Oklahoma (Mr. Committee on Banking and Financial mining practices with a renewal and a WATTS), the gentleman from Missouri Services. reclamation project that is self-funded (Mr. TALENT), and the gentleman from Mr. KANJORSKI. Mr. Speaker, I and operated by the local community. Illinois (Mr. DAVIS), for their persist- thank my friend from Virginia (Mr. It costs this government the least ence in moving this bill forward. SCOTT) for the opportunity to rise in amount of money to accomplish this There are so many people to thank, favor of passage of this bill today, but greatest end. including the gentleman from Pennsyl- not in total satisfaction, because H.R. It is intended that we take that dem- vania (Mr. ENGLISH) for his remarkable 4923 represents a compromise. onstration project and one day move it help, and I am very proud to have Unfortunately, when we have a com- across the coal mines of America, from played a role in the development of promise, we often do not have every- Pennsylvania to Alabama and from this legislation. thing that one would think is needed. Alabama to Montana. We can use the I am proud to speak here in support But not to make the perfect the enemy project to examine those areas that of this bill that will help revitalize and of the good, I think it is important have suffered horrendous environ- renew some of our most underserved that my colleagues in the House sup- mental destruction over the last 100 and most challenged communities. As port this bill to move the process years. To a large extent we cannot you know, Mr. Speaker, this Congress along. bring back the economies of those has a substantial record of legislative

VerDate 25-JUL-2000 05:08 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.059 pfrm02 PsN: H25PT1 H6826 CONGRESSIONAL RECORD — HOUSE July 25, 2000 achievement in the area of housing and borhoods, and I urge its strong support this land. Every community, no matter community development. Earlier this and adoption. how poor, has people in it that care year, the House passed H.R. 1776, the Mr. SCOTT. Mr. Speaker, I yield 3 deeply for their neighbors. Every com- American Homeownership Act. minutes to the gentleman from Chi- munity, no matter how high the crime Before that, Congress passed H.R. 202, cago, Illinois (Mr. DAVIS). rate, has neighbors who look out for a bill to protect America’s seniors. And (Mr. DAVIS of Illinois asked and was each other. with this bill today, we bring tax in- given permission to revise and extend The American people are the greatest centives. We bring regulatory relief, his remarks.) untapped resource of community re- and we bring economic investment to Mr. DAVIS of Illinois. Mr. Speaker, newal in this country. By allowing our struggling inner cities and rural first of all, I rise in serious and enthu- faith-based organizations to do what areas. siastic support of this legislation. I they do best, care for people and help This legislation does many things, want to commend the gentleman from them grow, we will see a revolution of including the expansion of the low-in- Missouri (Mr. TALENT) and the gen- prosperity, even in our most distressed come housing tax credit, and I am tleman from Oklahoma (Mr. WATTS) for neighborhoods. happy to see this. If we would have de- the longstanding pursuit that they Statistics have shown conclusively veloped a program from scratch, we have had of this legislation. that faith-based, community-based or- would develop this program, a program I also want to take the opportunity ganizations are vastly more successful that puts private sector capital at risk, to thank all of those committees that at turning lives and neighborhoods that forces the private sector to do the have been a part of processing it up to around than any government program. due diligence and do the research to this point. Teen Challenge, a program in Penn- make sure that the program works, to I also want to thank President Clin- sylvania that has operated for over 40 make sure that we get to a mixed-in- ton and Speaker HASTERT for following years, it is a faith-based drug treat- come development so that there are through, following up on the commit- ment program that keeps the individ- role models for our children, people ments that they made to people as uals in their program for a year. They going to work during the day. they traveled all around America, track their graduates for 7 years after It is a wonderful program, and it de- looking at communities where people they graduate. I have seen two studies, serves our continued support; and we had lost hope, where people had given one 70 percent, one 86 percent success are doing it here today. I am proud of up, where people felt that there was rate. the fact that we took APIC and ex- nothing really for them. The Government programs do not tended it so that our Native Americans Now we come with legislation that track their people that go through will have a chance at that dream as not only provides hope, but provides their programs, and many of them re- well, because this dream is not just for money, resources, venture capital, pro- cycle. The genius of this legislation is some, it is for everybody. vides an opportunity to attract and that it replaces faceless bureaucracies I am proud of the fact that people bring new businesses to communities with the power of neighborly compas- like Taylor Pennington and her hus- where there have not been any for sion. Through tax incentives and the band and their newborn baby who were years and years. Wage incentives, so creation of 40 new renewal commu- living in a cramped, dirty, dilapidated that you can hire people who have been nities, this bill says to leaders in dis- studio apartment will now have the unemployed, opportunities for people tressed communities, ‘‘You go on and ability to move into a new housing tax to know that they, too, are part of do what you do best. We know you’ll do credit property that will give them a America. a better job than we can.’’ sense of self, where they can organize Mr. Speaker, I know that some of my b 1245 their lives and dream those dreams we colleagues are concerned about the want for all of our children, because of charitable-choice provisions of this leg- Mr. Speaker, this legislation is tell- the work here. islation; but I tell my colleagues, all of ing the American people that they hold I am proud of the fact that this bill my research indicates that this legisla- the power of change, that they hold the establishes renewable communities tion breaks no new ground in that key to the future. throughout our Nations and that places arena. There are already charitable Finally, Mr. Speaker, I am hopeful like Harlem and the South Bronx and choices in the welfare bill that we cur- that the conference committee will in- Troy, New York, will be eligible for rently operate under. There are already sert the Individual Development Ac- employment wage credits. These cred- charitable choices in some of the com- count legislation language in the bill, its will help encourage employment of munity development activities that we as the Senate version of the bill con- our young men and women, offer an al- all need and make use of. tains that language. As cochairman of ternative to the illegal drug economy So while I am concerned seriously the Renewal Alliance, along with my that dominates too many of our inner about the Constitution and upholding cochair in the Senate, Senator cities. the law, this legislation is in compli- SANTORUM, we have been promoting By encouraging employment, young ance with both. And I would urge a yes this legislation for 3 years. people will learn the principles of ac- vote, a vote for the renewal, not only I want to commend the gentleman countability, responsibility, and punc- of people’s minds, but the renewal of from Missouri (Mr. TALENT), the gen- tuality that are necessary for success- their communities. tleman from Oklahoma (Mr. WATTS), ful careers. I remember a passage of scripture in and the President and the Speaker for I am particularly proud that because of our the Bible that says, And they rebuilt their commitment to this legislation. efforts, Native Americans will not be excluded the walls because the people had a Mr. Speaker, I urge adoption of the from this program as they most likely would mind to work. This legislation would bill. have been without our intervention. We in- not only work for renewal commu- Mr. Speaker, I am pleased that H.R. 4106, sisted on measures devoted to investing in nities, but it would work for all of the Savings for Working Families Act, was in- Native American landsÐa Native American America; and I urge that we vote its cluded in the Senate's version of the Commu- Private Investment Corporation. In 1996, we passage. nity Renewal and New Markets Act. passed the Native American Housing and Mr. ENGLISH. Mr. Speaker, I yield 3 H.R. 4106, which I introduced with Con- Self-Determination Act to increase the creation minutes to the distinguished gen- gressman STENHOLM, creates the first nation- of much needed housing on American Indian tleman from Pennsylvania (Mr. PITTS), wide Individual Development Account pro- reservations. In the same manner with this bill chairman of the Subcommittee on Em- gram. we continue to respond to the needs of our powerment of the Committee on Small These matched savings accounts are re- Native American citizens. Business. stricted to three uses: (1) buying a first home, Mr. Speaker, for decades, we have (Mr. PITTS asked and was given per- (2) receiving post-secondary education or witnessed a devastating impact that mission to revise and extend his re- training, or (3) starting a small business. failed public policies have had on too marks.) Mr. Speaker, America is in a period of un- many of our American cities. This bill Mr. PITTS. Mr. Speaker, the Amer- precedented growth. It is impossible for many brings new ideas to America’s neigh- ican people are the greatest resource of to take advantage of this economic boom

VerDate 25-JUL-2000 05:31 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.061 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6827 when one-fifth of American households do not REQUEST TO BE ADDED AS COSPONSOR OF H.R. jobs. What a contrast to the new econ- have a bank account. 4923 omy boom towns like Seattle and Port- H.R. 4106 will help American families attain Mr. FATTAH. Mr. Speaker, I ask land. APIC and other programs in this the American dream. While I am a strong sup- unanimous consent that my name be bill will work, because they bring pri- porter of the bill before us today, I urge my added as a cosponsor of this legislation. vate sector solutions that have worked colleagues to consider including IDAs when The SPEAKER pro tempore (Mr. so well in other areas to our distressed this legislation goes to conference. SIMPSON). The Chair is unable to enter- rural and urban areas that have been H.R. 4106 provides a tax credit to financial tain that request. The sponsor of the left behind. institutions and businesses that match the bill may add a cosponsor. I urge my colleagues to support this savings of the working poor through IDAs. Mr. FATTAH. Mr. Speaker, I rise in bipartisan legislation. IDAs are matched savings accounts restricted support of this legislation. It provides Mr. SCOTT. Mr. Speaker, I yield 3 to three uses: (1) buying a first home, (2) re- a host of rules focused at the needs of minutes to the gentlewoman from Cali- ceiving post-secondary education or training, communities in which this economic fornia (Ms. WATERS). or (3) starting a small business. All matched expansion has not yet reached, and Ms. WATERS. Mr. Speaker, I rise to dollars are paid directly to the qualified finan- many of which have been referenced raise some questions about the bill, cial institution and payments from the IDA are earlier today. I think that is appro- and I would like to take this oppor- made directly to the asset provider. IDAs priate that this Congress move in this tunity to explain that this is the kind would be available to low-income citizens or direction. of legislation that really tests what I want to compliment the gentleman legal residents of the U.S. you stand for. from Pennsylvania (Mr. ENGLISH) and Of course, this is good legislation Mr. Speaker, there is an old joke that says also others who have been involved in that includes in it a lot of the answers the scariest thing an American citizen can moving this legislation forward, the to questions about what are we going hear is the phrase: ``Hello, I'm from the federal gentleman from Missouri (Mr. TALENT) to do about inner cities, how are we government and I'm here to help you.'' and the gentleman from Oklahoma going to get some investment. This And, although it's a joke, I think there is (Mr. WATTS); but on my side of the will do a lot of that. We all support em- some real wisdom there. aisle the gentleman from Illinois (Mr. powerment zones, we all support ven- Many of us in this chamber can remember DAVIS) and the gentleman from New ture capital, we all support more hous- Lyndon Johnson's first 100 days, when he set York (Mr. RANGEL) have done an ex- ing opportunities, and the President about trying to solve every problem faced by traordinary job. put a lot of time into it. the American people. I just want to say that the Presi- This is oiled, this is greased. Both He planned a War on Poverty, which was dent’s support for the New Markets ini- sides of the aisle have agreed that this designed to eradicate povertyÐforever. tiatives indicates once again that we legislation should pass. So for those of Well, almost 40 years later we still have can, working together, perhaps provide us who raise questions, we raise them poverty, and we have families who have been hope in places where hope is necessary. knowing that, nine times out of ten, stuck in poverty for generations now. I just want to say that in this Con- this legislation is going to pass. Why is that? gress, to the degree that we focus in on However, this should not have been Well, I would submit to my colleagues that substantive relief for people who face on the suspension calendar. It is on the governmentÐas a ruleÐis unfit to solve the present problems, I think that we can suspension calendar, which eliminates greatest problems of society. all be proud of our work, and this legis- the opportunity for us to make amend- Can government create a work ethic? lation is another example of it. ments. Why would we want to make No. Mr. ENGLISH. Mr. Speaker, I yield 2 amendments? For several reasons. I am Can government make people moral? minutes to the distinguished gentle- raising questions on three grounds. No. woman from Oregon (Ms. HOOLEY), a I object, first of all, to the placement distinguished supporter of this legisla- of H.R. 4923, the Community Renewal Can government force families to stay to- tion who has given this legislation a and New Market Act, on the suspension gether or communities to prosper? strong bipartisan tilt. calendar. No and no. (Ms. HOOLEY of Oregon asked and Second, I have serious concerns re- That was the problem with the Great Soci- was given permission to revise and ex- garding the use of Federal dollars for ety. tend her remarks.) the funding of religious-based institu- It denied the fact that our societyÐand yes, Ms. HOOLEY of Oregon. Mr. Speaker, tions which may use the funds in a dis- it is a great oneÐis not only of the people, but first of all, I want to commend the criminatory manner. I want to tell also by the people. President, Speaker HASTERT, and the you, the Founding Fathers did a good Mr. SCOTT. Mr. Speaker, I yield my- other Members who worked so hard in job of separating state and religion, self 30 seconds at this point to com- a variety of committees. This bill is and they did this for a lot of reasons. ment on some previous speakers, one of about hope and opportunity, to make People should be free to worship their whom said there is no new ground. Re- sure that all people can share in our God as they see fit, but also the gov- search has found that under the Wel- economic good times. ernment must never have such a strong fare Reform and Community Develop- As an original cosponsor of the hand that they can determine what ment Block Grant, the recipients of American Private Investment Compa- happens in any religion. those programs have not taken advan- nies Act, I have supported the Presi- Now, we have advanced in this coun- tage of the opportunity to discriminate dent’s New Markets proposals because try to the point where we protect the that is specifically provided in those it will bring investments to areas left rights of people to work and to partici- bills. They have not taken advantage behind. pate where tax dollars are involved. of it, but that would be new ground if In my home state of Oregon, the When we talk about giving these tax we expand it, and organizations do Portland area has been booming from dollars to religious institutions, we are take advantage of it. an infusion of high-tech jobs, but many now talking in this legislation about Furthermore, Mr. Speaker, a 1998 rural areas have actually experienced allowing them to discriminate based on GAO report found the following: Other reduced employment. religion. This is discrimination creep. treatment approaches such as faith- Last year, our largest newspaper, the What we are doing is opening up the based strategies have not yet to be rig- Oregonian, published an article called door so that we say it is all right, orously examined by the research com- ‘‘A Growing Gap’’ which stated, ‘‘Or- 501(c)(3), if you are a religious institu- munity. egon’s rural counties aren’t keeping tion to discriminate, but when the Mr. Speaker, I yield 1 minute to the pace with Portland. Despite a decade of other 501(c)(3)s come in and say, well, gentleman from Pennsylvania (Mr. prosperity, inequalities not only exist, we want to discriminate based on the FATTAH). but they appear to be growing.’’ fact that we have the kind of work that (Mr. FATTAH asked and was given One machinist was quoted as saying we are doing that is so special, that is permission to revise and extend his re- that in his hometown, people are so important, that we should be al- marks.) standing in line for minimum wage lowed to determine who can get a job

VerDate 25-JUL-2000 05:31 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.016 pfrm02 PsN: H25PT1 H6828 CONGRESSIONAL RECORD — HOUSE July 25, 2000 and who cannot get a job. So we are is looking down at us. It is Moses, and the minority leaders in their commu- opening up the door, and certainly we he is looking down at ‘‘In God We nities. should have a debate about that on the Trust.’’ But this bill does not go that In my hometown, Reverend Jesse floor of this Congress. We should not far. It does not mandate that every- White has a computer program, as does change our discrimination laws in this body be in a Chamber that says ‘‘In Otha Aden, a pastor in Fort Wayne; so manner without a debate. So I have God We Trust.’’ does Reverend Jesse Beasley is working real concerns about that. It gives some flexibility as we try to with a program, Reverend Mike Nichol- Third, I am concerned about what address the problems of the cities of son has put together a community seems to be a blanket approval of reli- this country and the low-income areas housing program through the Associ- gious-based drug treatment programs of this country. Problems which are ated Black Churches. I have worked at the expense of State-funded pro- heavily rooted in economics, and this with George Middleton, who has taken grams. We do not know who is the best, bill has wonderful things in economics his savings to help build a community there is not enough information for it, but are also matters of how to reach center because his faith has motivated but we should give everybody an equal the soul, how to reach the families, him to do so, and Andre Patterson. I opportunity without allowing discrimi- how to help people who are hurting, have worked with Reverend Marshall nation. who are broken, who are hungry, who White, who has a program for music, Mr. ENGLISH. Mr. Speaker, I yield 1 are struggling with drug and alcohol that in San Antonio, Texas, is one of minute to the distinguished gentleman abuse, and this bill does open that. the most remarkable programs in the from North Carolina (Mr. HAYES). The question was raised, have we de- United States. Freddie Garcia, a Mr. HAYES. Mr. Speaker, I thank bated it in this House? We have de- former cocaine addict, has run a pro- the gentleman for yielding me time. bated it in this House five times. We gram that has brought thousands to Mr. Speaker, I might recall for the passed it in welfare reform, we passed change their lives, many of whom are gentlewoman the remarks of the gen- it in social services reform, both signed currently ministers and who are back tleman from Missouri (Mr. TALENT), by the President. We passed it in juve- on the streets. I personally have met that this does not in any way impose nile justice; we passed it in housing. faith-based treatment on anyone. It over 200 former addicts in San Antonio Every time this House has passed this in two different visits who have had simply gives the opportunity for very bill. Every time we debated it. We have successful efforts to be available to a their lives changed and are now reach- debated it here, we have debated it in wide cross-section of individuals. ing young people in the neighborhoods the Senate, we debated it in con- Mr. Speaker, I rise today in full and going door-to-door working in the dif- enthusiastic support of this bill. I want ference. Some people do not like the ferent housing units in the city. bill, and they do not like it that there to commend my colleagues who have b 1300 should even be a choice that people worked so hard to bring this legislation Bishop Raul Gonzalez in Hartford, to the floor, the gentleman from Okla- should have religious options. Furthermore, the President of the Connecticut, has had a tremendous homa (Mr. WATTS) and the gentleman United States has signed off on this program to reach out through Youth from Missouri (Mr. TALENT). Challenge to young people who are Mr. Speaker, while this bill is meant compromise, Governor Bush of Texas struggling with drug and alcohol addic- to address faltering local economies has been very innovative in using around the Nation, I want to address faith-based organizations as alter- tion. He has reached into their hearts the situation in our rural areas in natives in prison reform and actually and tried to change their lives. North Carolina’s eighth district. Wash- in alcohol and drug assistance. Vice It is not enough just to give some- ington is finally waking up to the fact President GORE has on his home page body a job who has messed up. One has that success on Wall Street does not that in the specific instance of alcohol to change both the soul and the ability automatically translate into success and drug abuse, that faith-based orga- to have a job. It is not enough some- on Main Street. In fact, while many in nizations ought to be allowed to be times just to change somebody inter- our Nation reap the benefits of a record used. nally either and help them get off drug economy, in the rural communities The Drug Czar of the United States, and alcohol abuse. If they are going to they continue to suffer with few local General Barry McCaffrey says, live in a place that is unsafe, is intoler- jobs and opportunities. ONDCP applauds your work with President able living conditions and they do not Mr. Speaker, the first bill I intro- Clinton on this historic initiative. We wel- have anything to do, they will fall back duced after coming to Congress was the come broad involvement by private volun- into drug and alcohol abuse. That is teer and religious groups in support of the what is so great about this bill is it Rural Economic Development and Op- national drug control strategy. Throughout portunities Act. This bill was meant to mixes the two. the country, faith-based organizations are Reverend Eugene Rivers, and I have a spur employment in rural areas by ex- making significant contributions to edu- tending a modest tax credit for job cre- cating our youngsters about the dangers of number of things I am going to insert ation in these areas. The Community substance abuse and helping many thousands in the RECORD, but this Newsweek Renewal and New Market Act captures of addicted Americans to achieve and main- story shows the debate of faith-based and implements the spirit of that bill, tain recovery through the added motivation organizations and what he has done and I am proud to support this legisla- faith can provide. working with gangs in Massachusetts. tion today. There is no question that at the min- When one talks to the people in the Mr. ENGLISH. Mr. Speaker, I yield 5 imum, faith-based organizations are as street there who have been working minutes to the distinguished gen- effective as other programs in alcohol with these kids they say, Why, if we tleman from Indiana (Mr. SOUDER). and drug abuse. The fact is the Amer- are faith-based, can we not get any (Mr. SOUDER asked and was given ican Journal of Drug and Alcohol money if we have all of these groups permission to revise and extend his re- Abuse found that faith-based addiction that have nothing to do with religion marks.) programs are much more likely, up to who are ineffective, who had no impact Mr. SOUDER. Mr. Speaker, one thing 45 percent, to report success. Any study in our community, yet the people who we need to clarify right off the bat is that has been done, non-biased, shows live here, who are active in the commu- what the intent of the Founding Fa- in fact they are cheaper to administer, nity, have not been able to get access thers was, in fact, in religion; and this because you have so many volunteers to the funds? bill does not go near that far. In fact, and other people willing to produce it, This bill will rectify that; and I con- the Founding Fathers printed twice so it helps the taxpayers and the indi- gratulate my friends, the gentleman copies of Bibles to be distributed in vidual. from Missouri (Mr. TALENT) and the American schools because there was a Now, one of the great ironies of this gentleman from Oklahoma (Mr. shortage of Bibles, and they printed as I work with this in the City of Fort WATTS), on their efforts. them with taxpayer dollars. This bill Wayne that I represent is many of BISHOP RAUL GONZALEZ, EXECUTIVE does not do that. these programs that people are so DIRECTOR, YOUTH CHALLENGE Furthermore, anybody in this House afraid of that are effective are in fact ‘‘Youth Challenge has now expanded to 25 gallery can see of all the lawgivers, one run by the communities themselves, by centers in 10 states and foreign countries. It

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.071 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6829 has grown because it is based on a model of I believe that if you know the Lord you youth crime and self-destructive behavior discipleship, where ‘‘sons’’ of Youth Chal- can have the power to deliver a person from among young people as they have made op- lenge, who have a common heart and vision, addiction. If you don’t, but have all the edu- portunities available for productive activi- go into the world to serve others. In Guate- cation in the world, you are not going to de- ties and engendered a substantial change in mala, we have a drug program for males. We liver anybody. Yale University is only a half the lives and lifestyles of the individuals it have food programs, which we call ‘‘love an hour from us, and they haven’t been able serves. kitchens.’’ We begin by going into the to deliver nobody. The most they have done Youth Challenge’s auxiliary activities in- streets, offering drug addicts and alcoholics is to give out needles. Not far away, in Mas- clude the following: food and clothing. From there, we share the sachusetts, there is Harvard University. Family Support: Youth Challenge works gospel them food, we witness to them, and They haven’t been able to do anything about very closely with the family of the substance we convince them to enter the drug program. the drug crisis expect document it. Yet, if user in a family counseling setting to sup- We also have strong prison ministries. somebody believes in Jesus Christ and has port them in accepting and dealing with their loved one’s addiction. Many of our chaplains are, themselves, doing the power working through him, he’s able to time—some for as many as 40 or 60 years. Prison Outreach: Youth Challenge is cur- deliver people. I know because that is what rently providing services to six prisons, two they are some of our best and most com- happened to me 29 years ago, when a group of mitted pastors, because they ain’t going no- of which have extremely high Spanish-speak- people laid hands on me. I met someone who ing populations and are visited weekly by where. Members of our prison churches actu- knew God and I was set free.’’ ally tithe of soap and toothpaste and things Youth Challenge. like that. We provide our services gratis. We School Presentations: At the request of C. YOUTH CHALLENGE CASE STUDY local school district authorities, Youth Chal- only ask the families to donate at ten dollars (By Collette Caprara) a week, if they can. lenge staff members offer presentations in Our Youth Challenge ministers are com- Bishop Raul Gonzalez, stately and com- both the primary and secondary schools mitted and impassioned because they under- manding, yet embracing in his love, is the within the greater Hartford area. stand that we are in a virtual war and that founder and director of Youth Challenge of Street Outreach: Youth Challenge staff this revolution is forever. Hartford, CT, and the founder of Youth Chal- volunteer as street workers where they make Not long ago, an AP story noted the find- lenge programs in Puerto Rico, Florida, and initial contact with troubled individuals and ings of a 13-member group of experts on a the Bronx, New York. Raul is a devoted hus- provide access to treatment in a familiar panel set up by the UN. They announced that band of his wife ‘‘Willie’’ and father of four non-threatening environment. drug use is growing among youth in the children. He was also the son of an abusive Youth Activities: Youth Challenge works United States. Now, the UN didn’t have to alcoholic father whose own life was nearly with local neighborhood groups in the inner- spend all that money conducting that study. annihilated by a heroine addiction. But then city to provide services for at-risk children, They could have just asked us who are work- he emerged into a new life with an including classes and group activities to pro- ing on the streets, and we would have told unshakeable commitment to free men, mote positive values, an uplifting self image, them that drug abuse was growing! All the women, and youths from the chains of drug constructive relationships, and character de- ministers of Youth Challenge stay in touch and alcohol abuse. velopment. Referred Services: A number of govern- with what’s happening on the streets. From The philosophy of the program is the de- ment agencies and private organizations the beginning, I made that our policy and I velopment of self-respect, confidence, and a refer their clients to Youth Challenge to as- think that is one reason that our program capacity to enjoy life through discipline, sist them in addressing substance abuse. has lasted so long. proper counsel, and attitude. The basis of the I’ve been involved in outreach to addicts Youth Challenge approach is a total living Among these agencies and programs are: the for 30 years. Thousands of people have come environment of personal and group inter- State of Connecticut Department of Correc- through our doors. We have tracked what action, with structured activity. The overall tions, the State of Connecticut Department happens to them, and we have documented a objective is to engender a total change in of Education, the Probation Department of success rate that ranges from 60 to 80 per- values and lifestyles among the young men the State of Connecticut, Connecticut Valley cent. and women who are served through the pro- Hospital, the State of Connecticut Depart- Our program has made unique progress as gram. A trained and capable staff provide an ment of Parole, the Department of Mental a faith-based organization, because we have atmosphere of warmth, trust, support, and Health and Addiction Services, and the Sal- been able to break ground in working coop- love that many of the residents never before vation Army. In addition, Dr. Raul Gonzalez eratively with the state. We are licensed, and experienced. Residents participate in a vari- has been a consultant to the military and its no demands have been placed on us to cease ety of individual and group activities, and Drug Education Program. preaching the gospel of Jesus Christ. We are also engage in supervised housework duties CENTRAL FACILITIES ‘‘professional’’ without being ‘‘professional- according to a daily schedule. The primary Youth Challenge’s main offices and male ized.’’ I’m governed by a board. We have a goal of all the activities in which the resi- induction services are located at the commu- men’s home, a women’s home, and a training dents are involved is to instill a sense of self- nity residence at 15–19 May Street in Hart- center in Connecticut. discipline and self-worth, which equips them ford. This facility provides initial phases of Our relationship with the State did not to live as responsible, productive citizens treatment for 15 residents. Here, the incen- come overnight. For five years, I fought the when they graduate from the program. In- tive to forsake the drug habit is engendered regulators on the issue of licensure. I lost in stilled in Youth Challenges’ students is the and the desire to pursue a new life is in- the first count, where the decision was made conviction that, not only can they be drug stilled. This induction phase includes coun- by one judge. Then we took our case to a free, but they can be positive assets to their seling, classes, and group activities, and court with three judges. Eventually, our case community. lasts approximately four months or until the was heard by five judges. Our position was Youth Challenge has expanded throughout individual is ready to move to the second that we were a religious organization, not a the nation, establishing centers in 25 loca- phase. ‘‘drug treatment service’’ and that, as such, tions, within the United States, Central The goal of this program is the develop- we shouldn’t need a license. We said, ‘‘Okay, America, and the Caribbean, with a remark- ment of self respect, confidence, and a capac- before you guys demand that we apply for a ably high success rate. Studies of program ity to enjoy life through discipline, coun- license, we want you to look at our mate- participants indicate that 70 percent of seling, and positive attitude. A total living rials.’’ And we brought in a pile of Bibles and Youth Challenge’s graduates never return to environment of personal and group inter- stack of scriptural readings. Our lawyer is drugs. Youth Challenge centers have accept- action, with structured activity, provides retired, but was at the top of his field, and he ed more than 2,500 drug- and alcohol-depend- the basis of this approach. The Youth Challenge Mission for Women, proved that Youth Challenge taught more ent in their programs. Its staff is comprised which opened in 1981, follows the same pro- scripture than any seminary in new England. of individuals from a spectrum of ethnic What I learned from this experience was gram format as the male services program. backgrounds who have successfully over- that when the state wants to do something, It is licensed to accommodate 8 residents and come drug and alcohol dependency, and its they just do it. Forget about this separation is located at 32 Atwood Street in Hartford. doors are open to individuals of all races, of church and state deal. They see what they Long-range training for men is also pro- creeds, and ethnic backgrounds. The Youth want to see. You know what they did to us? vided at the Youth Challenge Training Cen- They actually licensed our Bible training Challenge Men’s Induction center offers a bi- ter, a 21-acre farm located in Moosup, CT. center. That’s how my license reads—‘‘Youth lingual program of counseling and classes. The facilities can presently house 9 students. Challenge Bible Training Center.’’ So the PROGRAM ACTIVITIES The training that began at the induction state thinks it has the power even to license Youth Challenge is actively involved in center continues at the training center, as the Bible! I could have fought them and re- both the treatment and prevention aspects of individuals are challenged to develop, at pro- fused to be licensed and gone to jail, but drug and alcohol problems. Along with its gressive levels, the personal, social, aca- they would have closed us down. So I was primary mission of being a residential reha- demic, and vocational aspects of their lives. forced to accept the license. In spite of their bilitation program for troubled individuals, Here, a vocational training program helps its regulations and guidelines, I believe if they Youth Challenge has established several ac- residents to develop job skills and a strong leave programs like ours alone, we would do tive satellite programs that augment its work ethic. Opportunities for academic ad- a better job. But it was not an option for basic mission. These auxiliary programs vancement, including GED classes are also them to leave us alone. have had a substantial impact on deterring available.

VerDate 25-JUL-2000 05:31 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.032 pfrm02 PsN: H25PT1 H6830 CONGRESSIONAL RECORD — HOUSE July 25, 2000 The third phase of training is internship. ministry and the entire realm of individuals In Garcia’s world, there is no room for so- Participants in the program complete six whose lives are dominated by addictions. cial and economic analysis, psychiatry and months of supervised, on-the-job training. psychology. Man sins, or he repents. He is This service solidifies gains that they have [From the Houston Chronicle, Mar. 6, 1995] lost, or he is saved. made in the induction center and in the WELFARE FROM THE STREETS Such a view of drug abuse makes state offi- training center throughout the twelve pre- cials uneasy. Rehabilitation, they say, is not (By Thaddeus Herrick) ceding months and provides an opportunity an exercise in black and white. to continue to develop their personal skills SAN ANTONIO—On a vacant lot deep in the ‘‘I’m not one to say God’s not in the mir- and ability to relate and work with other barrio, amid neglected bungalows and gang acle business,’’ says John Cook, a spokesman people. After their internship, graduates of graffiti, reformed junkie and born-again for the Texas Commission on Alcohol and the program move into staff trainee posi- preacher Freddie Garcia is waging war on Drug Abuse. ‘‘But addiction is not a moral tions in one of the Youth Challenge centers the welfare state. issue. It’s a disease,’’ he claims. or they can become active in the re-entry He grasps a homeless ex-con named Chris- Garcia, however, insists he gets results: program where they obtain gainful employ- topher by the collar, beseeching him to ac- Nearly two out of three of the people who ment while continuing to reside in the sup- cept Jesus in voice that recalls both his study the Bible at Victory Fellowship for portive environment of the Youth Challenge Mexican-American heritage and his street- three to six months overcome their addiction facility. Program graduates may also choose wise past. to drugs or alcohol, he says. to move out of the center to pursue their ‘‘Lord Jesus, I’m a sinner,’’ Garcia cries, At the very least, the scene at Victory Fel- long-term goals, often reuniting with their urging his convert to repeat after him. ‘‘I lowship on San Antonio’s West 39th Street family, entering long-term careers, and fur- ask forgiveness. Forgive all my sins. Jesus, looks convincing. A group of addicts, arms in thering their education. come into my heart.’’ the air, stages a heated mini-revival inside The Corinthian School of Urban Ministry, No tax dollars. No bureaucracy. No Wash- the center. Outside, 100 down-and-out men operated by Youth Challenge, provides col- ington. and women gather in clusters for Bible lege-level scriptural education and training Just this vacant lot and a barracks of sorts study. in faith-based, non-clinical counseling tech- for drug addicts, prostitutes and other urban One group stands, waving arms frantically. niques. After completing the school’s train- flotsam—and plenty of Bibles. ‘‘Lord, you are more beautiful than dia- ing curriculum, graduates continue on-the- Sound like House Speaker Newt Gingrich’s monds,’’ they sing, ‘‘and nothing I desire job training as junior and senior counselors. answer to welfare reform? It pretty much is. compares with you.’’ This hands-on residential experience, which Garcia’s successful venture is called Vic- In the men’s bunkroom, a heroin addict includes eighteen months of the National tory Fellowship. It claims to have cured named Paul and an alcoholic called Sam, Teen Challenge curriculum, equips Youth 13,000 people of drug addiction and alco- both new arrivals, work their way through Challenge ministers to become disciples and holism over the past 25 years throughout the the Old Testament with a counselor, a empathetic counselors whose firsthand expe- Southwest and overseas and has made Garcia former drug abuser himself. rience gives them the power to engender a Gingrich poster boy. ‘‘I been in the state hospital in Austin,’’ At a news conference earlier this month, transformations in others who suffer the says Sam. ‘‘I don’t want no other program the Republican speaker urged policy makers bondage of addiction. but this one.’’ to take note of the 56-year-old preacher and While Garcia cannot document his success A GOAL OF COMPLETE AND LASTING FREEDOM his organization. rate, his anti-drug efforts were praised by FROM ADDICTION Indeed, Gingrich and his allies believe Gar- President Bush in 1990. Then in early Feb- Most conventional drug treatment pro- cia represents the solution to the war on ruary, Gingrich held Garcia up as a model in grams refer to former addicts as ‘‘recov- poverty: personal experience, faith and local the war against the welfare state. ering,’’ implying that the process is never know-how. ‘‘But rather than study him,’’ said Ging- fully complete and that progress is always in ‘‘People like Freddie share the same zip rich at a Washington press conference, ‘‘the a state of jeopardy, as recidivism looms in code with the ones they’re helping,’’ says bureaucracy has tried to put folks like the background. In contrast, Youth Chal- Robert Wodson, president of the National Freddie out of business because they don’t lenge is built on the premise that complete Center for Neighborhood Enterprise, a Wash- have Ph.D.s or can’t fill out the paperwork.’’ and total freedom from addiction is possible ington-based group favoring Gingrich’s free- Experts agree that Garcia’s role as a recov- through Christ. In the words of Raul Gon- market ideas. ‘‘I can’t imagine that would be ered drug addict is central to his program. In zalez, ‘‘We don’t say that you will live in the the case with a psychiatrist.’’ fact, all the Victory Fellowship Bible in- shadow of a relapse.’’ The high success rates Experts, even those from opposing political structors are recoveredd addicts, most of and low recidivism rates of Youth Challenge camps, agree that Garcia’s success should be them felons. and other faith-based programs give cre- studied. They warn, however, against com- ‘‘People like this play an important leader- dence to their methodology of dramatic pletely localizing anti-poverty efforts. ship role,’’ says Weir. ‘‘They’ve done a ter- transformation when contrasted with con- ‘‘What concerns me,’’ says Margaret Weir rific job when not a lot of other organiza- ventional ‘‘recovery’’ in which relapse is of the Brookings Institute, a Washington tions have.’’ common. think-tank often allied with Democratic Still, Weir warns there is a danger in sug- As Bishop Raul Gonzalez explains, the no- causes, ‘‘is that this could become a excuse gesting that those who fall on hard times— tion of ‘‘sonship’’ is central to its effective for state and federal governments to wash and the struggling communities where they intervention. Residents at Youth Challenge their hands of the inner cities.’’ live—must right themselves. centers are not considered as clients, but are An unassuming man when he’s not saving ‘‘There’s a bit of false populism here,’’ she welcomed into a ‘‘family’’ that provides a souls, Garcia was raised on San Antonio’s says. ‘‘The problems of the inner city are sense of love and belonging that replaces the poor East Side where he says he fell into a largely economic problems that neighbor- false sense of identity and family structure miserable, angry, heroin-addicted life. hoods have no control over.’’ which attracts many young people to gangs. ‘‘He and his girl, Ninfa, lived on the Nevertheless, Gingrich has assembled a Na- The father-son, father-daughter relation- streets,’’ reads the back cover of Garcia’s tional Leadership Task Force on Grassroots ships expand through discipleship to embrace self-published autobiography. ‘‘They aban- Alternatives for Public Policy, a group rep- ‘‘grandchildren’’—a third level of individuals doned their first child, aborted their second resenting Victory Fellowship and several who are reached by its healing powers. As a and brought their third infant along while dozen other mostly faith-based programs, to new generation of sons are embraced by they burglarized and scored drugs.’’ offer ideas on legislation that would, in the grassroots disciples, the mantle of leadership In 1966, strung out on the streets of Los an- House speaker’s words, ‘‘end the welfare is passed and the family structure expands. geles, Garcia accepted a friend’s invitation state.’’ In Youth Challenge, Bishop Gonzalez and to seek help at a Christian home called Teen Woodson of the National Center for Neigh- his family exhibit a standard of parental love Challenge. borhood Enterprise says its March 15 task that lasts a lifetime, not just for eighteen Several months later, Garcia says, he force report to Gingrich will tout the months of treatment. ‘‘We all need three fa- stumbled to the altar during a revival and, achievements and cost-efficiency of organi- thers,’’ he explains, ‘‘Our Heavenly Father, tears filling his eyes, asked Jesus to zations such as Victory Fellowship. our physical father, and a spiritual father.’’ ‘‘pasame quebrada,’’ or ‘‘give me a break.’’ The task force will also urge federal and The powerful paradigm of sonship and pa- He then set out to convert others. After state leaders to fund faith-based groups rental love is markedly different from con- graduating from the Latin American Bible (though Garcia says he wants no money) and ventional drug treatment programs that are Institute in La Puente, Calif., Garcia re- relax the regulations that groups such as based on a professional-client model. Youth turned to San Antonio and opened a home Victory Fellowship face. Challenge residents and staff resemble a for barrio drug addicts. Today, there are five ‘‘Too often,’’ says Garcia, sounding a dis- family, or a ‘‘living body,’’ as opposed to San Antonio homes under the Victory Fel- tinctly Gingrich theme, ‘‘the government re- therapeutic programs that often ‘‘ware- lowship umbrella. wards failure and punishes success.’’ house’’ clients in an institutional setting. ‘‘We teach Jesus in the morning, Jesus at For example, Garcia would prefer to adver- The Youth Challenge program is truly ‘‘spir- noon, Jesus at night,’’ says Garcia. ‘‘You tise Victory Fellowship as a ‘‘rehabilitation it filled,’’ and is based on a heartfelt com- leave Jesus out, man, you’re like every other center.’’ When he tried that, however, the mitment to serve those who are within the treatment program in the United States.’’ Texas Commission on Alcohol and Drug

VerDate 25-JUL-2000 06:13 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.034 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6831 Abuse gave him an ultimatum: Apply for a ‘‘We have tremendous potential in the [From the San Antonio Express-News, Apr. 7, drug-rehab license or advertise as a church. city,’’ he said. 1996] But getting a license to treat drug addic- EASTER SPECIAL TO EX-ADDICTS tion would mean meeting state health and [From the San Antonio Express-News, Feb. (By J. Michael Parker) safety codes. Even Garcia admits that would 21, 1996] Every day is Easter at Victory Fellowship. be tough, since his shelters seldom turn GOP TEAM PRAISES DRUG REHABILITATION The holiest feast on the Christian cal- away the desperate no matter how full. PROGRAM endar, Easter celebrates what Christianity It would also mean having licensed coun- (By Maria F. Durand) selors, which would mean hiring staff with calls the central event of salvation history— college degrees. Garcia says he does fine with A San Antonio faith-based drug rehabilita- Jesus’ Resurrection from the dead and the dropouts from the barrio. tion program that has been heralded nation- triumph of salvation over sin. ‘‘My people have educations you can’t get wide as a model of grass-roots community But at Victory Fellowship, the Resurrec- at Yale University,’’ he says. intervention won kudos Tuesday from mem- tion isn’t merely an event to be commemo- bers of a Republican congressional team rated. [From the San Antonio Express-News, Feb. 6, charged with restructuring welfare. It’s a miracle that happens whenever a 1997] ‘‘It’s the most impressive of its kind I’ve drug addict turns from his destructive life- seen,’’ U.S. Rep. J.C. Watts, R–Okla., said STATE OF THE UNION RECOGNITION COSTS SAN style and dedicates his life to Jesus Christ. during a visit to Victory Fellowship, a Chris- ANTONIO IN LIMELIGHT Throughout San Antonio, many churches tian-based program that receives no federal are filled this day with symbols of new life (By Brenda Rodriguez) or state funds. such as lilies, water and light. For the first time during a State of the Watts is co-chair of the Task Force on Em- But here, reality speaks for itself. Union address, two of the Alamo City’s na- powerment and Race Relations. Once on fire with chemicals that consigned tive sons who rose from humble beginnings ‘‘We need to put these kinds of community them to a form of living death, these people, to prominence were recognized for their pub- values back into the programs,’’ said U.S. most in their early 20s, now are on fire with lic service. Rep. Jim Talent, R–Missouri, another co- faith. President Clinton took a few minutes from chair of the Republican team. ‘‘We need to When they sing, ‘‘I once was lost but now his hourlong speech to Congress Tuesday encourage what the system has been discour- am found, was blind but now I see,’’ they night to pay tribute to U.S. Rep. Frank aging.’’ mean it literally. Tejeda, who died last week after a battle During an hour-long noon service, a long They’re on a high they say they’ll never re- with brain cancer. list of recovering drug addicts told similar gret. He also recognized Henry Cisneros, the stories of recovery and clean lifestyles. Their worship crackles with emotion. They former San Antonio mayor who spent four People like David Cortez, George Juarez sing, praise God and applaud his name with years as Clinton’s secretary of Housing and and Ernest Guerrero, who now work in many a fervor rarely seen in conventional church- Urban Development. of the center’s outreach programs, lauded es. Republican Rep. J.C. Watts—during re- Jesus as their savior. ‘‘Nothing is greater than the love of Part of the Republican proposals for wel- marks in response to the president’s ad- Jesus!’’ shouted minister Juan Rivera, one of fare reform include dropping many of the dress—also praised Freddy Garcia for helping Pastor Freddie Garcia’s first converts in guidelines prohibiting federal funds from people kick their drug addictions. 1973, as he led a recent worship service in the ‘‘We are the incubator for great Hispanic going to faith-based organizations. The GOP old church at Buena Vista and South Cibolo leadership,’’ political scientist Richard also wants to turn more administrative streets. Gambitta said about Tuesday night’s local power over to local organizations. Rivera had been on heroin for six years, honors. ‘‘Clearly San Antonio is a city on the Republicans plan to announce welfare re- burglarizing homes to support his habit. He rise.’’ form legislation next week in Washington. described a life of misery, pain, confusion, Tejeda’s mother, Lillie, and sister Mary Most groups working with community- causing suffering to people he loved, being Alice Lara sat behind first lady Hillary based organizations agree that more power chased by police and sitting in jail won- Rodham Clinton and Tipper Gore as the should go to local agencies and many regula- dering where he’d gone wrong. He wanted to president commended the late congressman tions should be eliminated. be saved. for his military bravery and public service. ‘‘Solutions should be local. Federal inter- ‘‘I remember thinking once, ‘If only I could The president had extended a special invi- vention is not good,’’ said Beverly Watts be born again, I wouldn’t choose this life. I’d tation for the family to attend the address. Davis, executive director for San Antonio warn others to stay away from it,’ ’’ he said. The Tejeda family would not comment Fighting Back of United Way. But he didn’t want Jesus. Wednesday about the trip to Washington. Victory Fellowship was founded by former With help from her daughter, Lillie Tejeda drug addict Freddie Garcia in 1972. ‘‘I’d been told since I was a kid that God stood proudly before Congress as they ap- ‘‘The only way that we would get federal would punish me. I’d seen friends killed in plauded her son’s accomplishments. funds is if there were no strings attached,’’ my neighborhood and I thought it was pun- Tejeda, a decorated Vietnam veteran, was said Garcia, who receives much of his fund- ishment from God,’’ Rivera said. buried with full military honors Monday at ing from private donations. ‘‘I am not ‘‘I thought he was going to get me sooner Fort Sam Houston National Cemetery. against the funds. I am against the regula- or later,’’ he said. The president also saluted Cisneros, who tions that make no sense.’’ In his first worship service at what until left the Cabinet in January and now will However, while programs like Victory Fel- recently was called Victory Outreach, he re- head the Spanish-language television net- lowship serve some, they cannot help every- called Garcia announced that ‘‘Jesus is work Univision in Los Angeles. one. here.’’ But Cisneros will not stray far from the ‘‘For some clients who can identify with a ‘‘I was so naive, I turned around to look at political limelight. He will join Gen. Colin higher power, the program works, but it him. I didn’t see him. Powell and Vice President Al Gore in leading doesn’t work with all the clients,’’ said ‘‘I figured I was so sinful that he wasn’t the president’s Summit of Service in Phila- Cindy Ford, executive director of the San confirming my relationship with him,’’ Ri- delphia in April. Antonio Council on Alcohol and Drug Abuse. vera recalled. ‘‘Henry Cisneros remains the most viable While praising the success of faith-based But Garcia told him Jesus would forgive political candidate in the state of Texas,’’ programs, local agencies insist federal dol- him and make him a new person if he would Gamibtta said. ‘‘Henry Cisneros without lars must continue. accept Jesus. question is a superstar.’’ ‘‘It’s really sad with everything else going When he did, and saw other ex-addicts wel- In Watts’ Republican Party response to the and what the state is doing to drug rehabili- come him as a new brother in faith, ‘‘it was State of the Union address, he said Garcia is tation, for the federal funds to be drying up totally mind-blowing,’’ he recalled. ‘‘the state of the union.’’ too,’’ Watts Davis said. Rivera said he learned—and has spent his Garcia, a recovering drug addict, is the A state-funded drug detoxication center entire life since then telling other addicts— founder and director of Victory Fellowship, a here was closed late last year. Now Bexar that no sin is beyond God’s power to forgive. Christian ministry that helps people over- County has no detoxication center. Rivera said only Jesus saved him from his come drug and alcohol dependencies. Still, Robert Woodson, president of the Na- sinful past. Garcia said he was surprised Watts men- tional Center for Neighborhood Enterprise, ‘‘I had no will to change on my own, and tioned his efforts in his speech. The Okla- who brought the congressional team to San all the drug treatment programs I’d tried homa representative visited the ministry Antonio, said the success rates for faith- had failed. last spring during a trip to the Alamo City. based centers is unparalleled and the meth- ‘‘Drugs were like a water current pulling ‘‘You don’t hear about anybody from our ods must be examined. me under, and I was drowning, but Jesus barrios being mentioned,’’ Garcia said. ‘‘I ‘‘We should undertake a major national reached down and pulled me out,’’ he said. know (Watts) knows our program is for study to compare the cost per day and the Easter, Rivera said, has a special meaning real.’’ outcomes of faith-based programs with con- for one who’s come out of a life of drugs and Gambitta added that such grassroots ef- ventional programs,’’ Woodson said. ‘‘We are crime. forts by San Antonians will continue to gar- interested in looking for a more effective op- ‘‘I really am a new man, I’ve been clean for ner recognition. tion to fighting drug abuse.’’ 23 years, and my faith goes beyond a couple

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.037 pfrm02 PsN: H25PT1 H6832 CONGRESSIONAL RECORD — HOUSE July 25, 2000 of hours on Sunday morning. It permeates Victory Fellowship is the personal min- They are welcomed with food, a clean bunk every aspect of my life. istry of ex-addicts Freddie and Ninfa Garcia, and security: San Antonio’s gangs know that ‘‘Every day is Easter here. When I see who, as he puts it, ‘‘used to run in the streets Freddie Garcia’s Victory Fellowship centers young guys coming off the street and turn- and rob people, Bonnie and Clyde style.’’ are havens, and anyone inside is off limits to ing to Jesus, it’s an opportunity for me to Their 1966 conversion came through ex-ad- attack. thank God for what he’s done for all of us,’’ dicts with the famed Teen Challenge pro- If the newcomers decide to stay and kick Rivera said. gram, founded by David Wilkerson, author of their drug habits, they are surrounded by James Valdez, 25; Ernest Guerrero, 22; and ‘‘The Cross and the Switchblade.’’ former addicts, prostitutes and criminals Johnny Samudio, 22, have been among the Today, the Garcias say the Victory Fellow- who pray with them, hold them close and beneficiaries of Rivera’s and Garcia’s ship program has reclaimed no fewer than clean up their messes. ministry. 13,000 hard-core addicts from the streets. The withdrawal is unmedicated and the They’re taking leadership classes so they, Program leaders say they have a 70 percent violent suffering lasts for hours. So do the too, can help change young addicts into pro- cure rate with people who stick with it for prayers, rubdowns and ministering by people ductive servants of Jesus Christ. nine months, and they do it all with a who believe their own addictions were cured They’ve also performed with other ex-ad- $60,000-a-year budget, funded entirely by pri- by the power of Jesus Christ. dicts in a skit, ‘‘The Junkie,’’ depicting the vate donations. ‘‘We see a lot of miracles here,’’ said Alma destructiveness and despair of gang life and Other substance-abuse treatment centers Herrera, who with her husband, Roman, is the joy of feeling loved and cared for. with multimillion-dollar budgets have cure among Victory home’s house parents. ‘‘My mother used to cry a lot for me. Now rates around 10 percent. ‘‘The saying ‘Once a junkie, always a junk- she cries for joy,’’ Valdez said. Members of Congress such as Sen. John ie’ is not true,’’ said Victory Fellowship co- ‘‘Everyone of us here has been brought Ashcroft, Missouri Republican, who pushed pastor and ex-addict Juan Rivera. back to life. It shows that nothing is greater for ‘‘charitable choice’’ in the welfare law Once the purging is over, the newcomer is than the love of God,’’ he said. often refer to successes such as Victory Fel- adopted into a family of believers whose Valdez said he had turned to crack cocaine lowship and Teen Challenge as examples of daily lives are filled with prayer, chores, out of boredom. he spent several years on programs government should be supporting. Bible study, singling and fellowship. Wit- crack, losing jobs and stealing to support his But Mr. Garcia and other religious leaders nessing is conducted in housing projects, habit. aren’t convinced that the government can gang-infested streets and prisons. ‘‘All the guys I’d never wanted to hang help them. Each Victory home is headed by a married around with before became my best friends,’’ ‘‘I don’t want no grants,’’ Mr. Garcia said couple who act as parents setting the stand- he recalled. at a recent seminar on charitable choice ard for love, discipline and structure. Men But when his mother took him to Garcia’s sponsored in San Antonio by the National work with men, and women work with Victory Home—the fellowship’s residence for Center for Neighborhood Enterprise (NCNE). women. They focus on building a person’s recovering addicts at 1030 S.W. 39th St.—his ‘‘I’m a church. All I want is for you to character, self-discipline and understanding life changed. leave me alone,’’ he said. of life as taught in the new Testament. ‘‘It’s easy to do things that are wrong, but Under charitable choice, welfare recipients The privately funded two-year program is it takes a real man to do what’s right. It’s a receiving vouchers for a variety of services— offered at no cost to the ex-addicts. After great feeling to know you can be right with job training, food pantries, homes for unwed graduation, the men and women often end up God by confessing your sins and giving your mothers, drug and alcohol treatment, day in school or in jobs. Some married couples life to him,’’ Valdez said. care—should be able to redeem them with a volunteer to start Victory homes in other Samudio said many youngsters deny God faith-based group. towns, where they will recruit addicts to a because violence, crime and family neglect Charities are prohibited from using the ‘‘new drug-free life in the Lord.’’ are all around them. government money for sectarian worship, in- [From the Wall Street Journal, Dec. 14, 1993] struction or proselytism. ‘‘I want to be an example of the change THE WRONG FIX Jesus can bring in their lives. I want to be a Texas Gov. George W. Bush has made char- (By Robert L. Woodson Sr.) man of God. itable choice a priority and asked state agen- ‘‘We tell them about Jesus and show them cies to report to him on their progress by Surgeon General Joycelyn Elders’s recent a different lifestyle. We show that we care May 1. comments that America’s crime rate could about them,’’ he said. ‘‘I envision a new welfare system—an ener- drop ‘‘markedly’’ if illicit drugs were legal- Guerrero said his older brother, who is gized, competitive program where a person ized epitomizes the tragic failure of serving a 10-year prison sentence for murder, who needs help would get a debit card, re- accommodationists to take a moral stand wrote him from prison and told him to get deemable not just at a government-spon- against an immoral activity. out of gangs and drugs. sored agency, but at the Salvation Army or Tragically, the person who should be at the ‘‘Gang life was fun for a while, but I lost a church or a day care facility or a private- helm of a massive effort to dissuade a new everything. My mind was only on cocaine. sector job-training program,’’ the Repub- generation from involvement with drugs can- ‘‘I found drug-dealing everywhere I went. I lican has said. not seem to bring herself to declare that ac- became depressed and wanted to kill my- One bill would ‘‘exempt’’ some faith-based tions detrimental to one’s personal health self,’’ Guerrero recalled, adding: substance-abuse centers from state regula- and to the well-being of society are wrong ‘‘Once, I put a 12-gauge shotgun to my tions. Such programs would have to register and deserve no tolerance. Dr. Elders assumes head, but I realized that if I killed myself, I’d with the state, say in their literature that drug use to be an unavoidable ‘‘given’’ for go to hell.’’ they are exempt, and refrain from offering which the best goal is simple damage He said he cried out to God for help, and medical care or detoxification. control. God saved his life by taking away his desire Another bill would allow ‘‘alternative ac- In addition, Dr. Elders’s argument in favor for drugs. Now he wants to help youths and creditation’’ systems in lieu of state licens- of drug legalization is riddled with factual gang members reject drugs as well. ing for some programs. errors. For example, experiments with legal- Getting government funding flowing to ‘‘I was dead in the world,’’ Guerrero said, ization abroad have not been the successes programs that ‘‘transform’’ troubled people ‘‘but now I’m alive here.’’ she assumes them to be. The majority have into responsible citizens has been NCNE now been reversed as was the failed ‘‘Needle founder Robert L. Woodson Sr.’s message for [From the Washington Times, Mar. 26, 1997] Park’’ experiment in Zurich—a free-drugs 20 years. zone designed to control drug use and stem ABUSE PROGRAM BELIEVES IN ABILITY WITH- The recent NCNE seminar explored peer the spread of AIDS. Predictably, this park OUT STATE AID: FAITH-BASED EFFORT accreditation plans and alternative licensing quickly became a nest of chaos and licen- SERVES AS EXAMPLE plans as ways to make charitable choice tiousness that spilled into the surrounding (By Cheryl Wetzstein) work. community. Needles were passed around, de- One by one, a parade of healthy, well- But the fear of government heavy-handed- spite the availability of a clean-needle pro- groomed men take the microphone at the ness—now and later—is pervasive. gram, and the used, bloody needles were cast church stage at Victory Temple. ‘‘Shekels come with shackles,’’ one pro- on curbsides and surrounding sidewalks, ‘‘My name is Troy,’’ says one man dressed gram director warned. jeopardizing innocent pedestrians. in a white T-shirt and camouflage pants. ‘‘I ‘‘Yeah, and when the state comes after Dr. Elders says that legalizing drugs was a heroin addict for 23 years. Now I have you, they go after your jugular,’’ said Raul abroad has not increased drug use, but Hu- been clean for eight months, and I give all Gonzalez, executive director of Youth Chal- bert Williams, president of the Washington- the honor and glory to Jesus Christ.’’ The 600 lenge of Greater Hartford in Connecticut. based Police Foundation, says that a more men and women in the audience cheer, clap relevant example is our nation’s own past and stamp their feet. ADDICTS GET TOUGH LOVE AT VICTORY and trajectory: Since the repeal of Prohibi- Similar stories come from Martin, Juan, (By Cheryl Wetzstein) tion, ‘‘the amount of people using alcohol Noel, Roman and dozens of other men, whose The people come to the modest Victory has increased significantly, and there’s no only visible signs of decades of drug abuse homes day and night. Some shake from early reason to think the number of people using and gang life are the tattoos on their mus- drug withdrawal. Others are fresh from pris- drugs will not increase significantly if drugs cular arms. on or fleeing a gang contract. are legalized.’’

VerDate 25-JUL-2000 05:54 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.040 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6833 In a twist of logic, Dr. Elders reasons that gangbanger named Selvin Brown—‘‘a sassy, warns that as the teenage population swells because ‘‘many times they’re robbing, steal- smartass, tough-talking, gunslinging mother in the next decade, ‘‘there will be virtual ing and all of these things to get money to shut your mouth,’’ he says, not without apartheid in these cities if the black church buy drugs,’’ legalization would help by mak- some appreciation. Brown took the reverend doesn’t step into the breach.’’ ing drugs a little less expensive. But even if into crackhouses, introduced him to the Washington is starting to take notice, too. drugs were legalized, regulations regarding neighborhood. And he gave Rivers, a Pente- The 1996 welfare bill gives states the option their use would be enough to engender a costal, a lesson in why God was losing to to fund church groups in place of welfare black market and related criminal activity. gangs in the battle for the souls of inner-city agencies. Research on the effectiveness of Rather than conduct a study on the pos- kids. ‘‘Selvin explained to us, ‘I’m there faith-based programs is so far largely anec- sible effects of legalizing drugs. Dr. Elders when Johnny goes out for a loaf of bread for dotal. ‘‘But there is a lot of interest in this should direct her resources to another type Mama. I’m there, you’re not. I win, you lose, area now, because secular institutions have of research. In the same afflicted neighbor- It’s all about being there’.’’ failed,’’ says Bernardine Watson, a vice hoods where men, women and children hud- Ten years later, as the Baker House kids president of the nonprofit Public/Private dle on street corners and in dilapidated file out into the sunshine, Rivers turns from Ventures. ‘‘Anybody who wants to fund buildings to deal and use drugs, there are his full-contact pastoring—a mix of street faith-based programs is looking at the Baker others who have not succumbed to their lure. slang and stern lessons—to tell a group of House model. Conservatives like it because These models of success should be the focus police officers from Tulsa, Okla., about of the crime angle; liberals like it because of of Dr. Elders’s scrutiny—and their behavior, Selvin Brown. Baker House is Rivers’ answer the youth angle.’’ vision and values the cornerstone for drug- to Selvin: it’s run by a dozen people, some of When Rivers first came to Dorchester, the prevention programs. whom have given up professorships, military cops say, he believed there was no such thing In numerous cases throughout the nation, careers and positions in finance to be there. as a bad kid. That has changed. Now, ‘‘min- low-income people who have opened their The Tulsa cops are only the latest in a re- isters will come to us about a kid, say he’s menacing the community,’’ says Lt. Gary homes as safe havens for neighborhood chil- cent stream of law-enforcement emissaries French, who works with Rivers. The Boston dren have proved that personal investment who have come to Rivers’ domain, a rec cen- police estimate that 150 to 250 kids are re- and the consistent example set by just one ter and parish house that Rivers says serves sponsible for most of the violent crime in the adult can change the futures of inner-city more than 1,300 kids a year, to watch, listen city. ‘‘We can disrupt a gang by incarcer- children—even those with unstable home and talk about the hottest new topic in ating the most aggressive player,’’ says lives. The community activists with first- crime fighting: the power of religion. For French. ‘‘But we can also disrupt it by get- hand knowledge of what succeeds in reaching decades, liberals and conservatives have ar- ting the fringe players into alternative pro- young people should be at the forefront in gued past each other about the crisis in the grams,’’ like those provided by Baker House. designing drug-prevention policies. The prob- inner city. The right was obsessed with The exchange works both ways. ‘‘Right lem, at its root, is a matter of values and crime, out-of-wedlock births and the ‘‘re- now,’’ says Rivers, ‘‘any cop in Dorchester morals, and those who have claimed success sponsibility’’ of the underclass; the left only can dump a kid off in Baker House, and say, are those who have addressed the issue on wanted to talk about poverty, the need for ‘Look, I’m gonna crack this kid’s skull, take this level. government intervention and the ‘‘rights’’ of him.’ So we have taken the pressure off the The surgeon general should also take her the poor. Now both sides are beginning to police to play heavies.’’ notepad to San Antonio to study the activi- form an unlikely alliance founded on the At 2 a.m. in his cramped row house, Gene ties of rehabilitated addict Freddie Garcia, idea that the only way to rescue kids from Rivers is still keyed up. ‘‘The great thing whose outreach program has changed the the seductions of the drug and gang cultures about serving the poor,’’ he says, ‘‘is that lives of more than 13,000 addicts in its 25 is with another, more powerful set of values: there is no competition. These young males, years of operation. She should then travel to a substitute family for young people who al- ain’t no black preacher want to be around Hartford, Conn., to learn from Raul most never have two parents, and may not these boys. You see [he names several kids at Gonzales, also a recovered addict, who has even have one, at home. And the only insti- Baker House] coming, you go the other reached out to thousands of substance abus- tution with the spiritual message and the way.’’ He is on the short side, maybe five ers through a men’s residential center, a physical presence to offer those traditional feet six—by his own description, a ‘‘pushy, women’s mission and a center that includes values, these strange bedfellows have con- aggressive, interloper-would-be-usurper, academic, vocational and social development cluded, is the church. As the Tulsa cops sit around the Baker with this kind of guerrilla campaign.’’ In training. House oak table, Rivers tells them about a battle mode, he is scandalously impolitic. He Dr. Elders should take the time to speak grievous stabbing inside the nearby Morning refers to the mainline black churches as ‘‘the with a few of Mr. Garcia’s former hardcore Star Baptist Church in 1992. During a funeral major crime families’’ and is a critic of addicts who are now leading productive lives, service for a young murder victim, a gang Henry Louis Gates Jr., chair of Afro-Amer- and to some of the hundreds of families re- chased another kid into the church, beating ican studies at Harvard, whom he has called unified and healed through Mr. Gonzales’s ef- and stabbing his in front of a crowd of ‘‘the emcee at the Cotton Club on the forts. She should ask them if their lives and mourners. For the clergy, says Rivers, ‘‘this Charles.’’ His own critics—‘‘[it’s a] long the lives of their children would have been was a wake-up call. We had to be out on the list,’’ he says—dismiss him as a ‘‘black Ras- any better had someone legalized the drugs streets,’’ just like Selvin Brown was. While putin’’ who has duped white people into that had once controlled their destinies. the mainline Boston churches issued a de- thinking he has power in the black commu- [From Newsweek, June 1, 1998] nunciation of the violence, a group of min- nity. He holds no degrees from college or di- SAVIOR OF THE STREETS isters from smaller churches, mostly shoe- vinity school; his service on a recent Sunday An ex-gang member who went to Harvard, string Pentecostal or Baptist, met in Rivers’ drew just 19 congregants. Gene Rivers is an impolitic preacher on the house to discuss a more radical response: Yet Rivers is becoming a national figure. cutting edge of a hot idea: can religion walking the hoods, engaging the gangs, pull- He has met with the president, been courted fight crime and save kids? ing kids out. Instead of bickering with po- by the Christian Coalition and served on the lice, the ministers vowed to work with them, religion panel at Colin Powell’s 1997 Vol- (By John Leland) identifying the hardest cases. ‘‘The deal we unteerism Summit. Though Rivers comes Patriot’s Day is a city holiday in Boston, cut was, ‘Take this one off the streets, we from what he calls a ‘‘radical reform’’ line, but the Rev. Eugene Rivers, a compact, can deal with him in a prison ministry’,’’ the his arguments for black self-help, and his un- graying black man in a blue dress shirt Rev. Jeffrey Brown, a Rivers ally, tells the willingness to make liberal excuses for urban frayed at the elbows, is working hard. ‘‘Yo, Tulsa delegation. The cops, in turn, would pathologies, have endeared him to the right. wazzup, G money?’’ he greats a teenager, rely on the clergy to work with the more ‘‘There’s been more litmus-test stuff from slapping him five. He wheels on another. winnable kids. the left than from the right,’’ he says. (Riv- ‘‘Take your hat off, son. Yes, what? No, yes, Since the 1992 alliance, and a reorganiza- ers’ ministry condemns homosexuality and sir, we don’t speak no Ebonics here.’’ It is tion of the Boston police and probation de- abortion.) ‘‘One of the good things about the just noon on a spring day, and already the partments, juvenile crime here has fallen right is that they’re sufficiently indifferent Ella J. Baker House—a grand, bowfront Vic- dramatically. Rivers is now trying to forge a toward the concerns of blacks that they torian in Dorchester, one of the poorest similar coalition of churches nationwide. It don’t bother you.’’ His alliance with DiIulio neighborhoods in Boston—is full of fires: a won’t be easy: his brand of street-smart cha- has given Rivers a boost in policy circles. man’s teenage son has brought home a dan- risma is not easily transferable, and the ‘‘Gene and John are very odd soulmates,’’ gerous pit-bull terrier; a pregnant 16-year- work is house by house, block by block. But says Rivers’ wife, Jacqueline, who trains old’s parents have kicked her out of the ‘‘at the end of the day,’’ he says, ‘‘the black inner-city teachers in the Boston Algebra house; the Negros Latinos, the house base- church is the last institution left standing.’’ Project. ‘‘One is so far left he’s right, the ball team, need uniforms and a gang-neutral The noted conservative criminologist John other is so far right he’s left. They really field. Rivers, 48, darts from one to the next, DiIulio Jr., best known for predicting a com- think alike.’’ a fixer, embattled but engaged. ing wave of inner-city ‘‘superpredators,’’ has The walls of Rivers’ house still bear the When he first moved into this neighbor- become an improbable friend and ally. In bullet holes from two shootings, one a ran- hood, as a refugee from Harvard, Rivers apocalyptic tones, Rivers—a forceful speaker dom spray, the second by a drug dealer Riv- sought out a local drug dealer and who is sometimes accused of grandstanding— ers had tried to move from a neighborhood

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.050 pfrm02 PsN: H25PT1 H6834 CONGRESSIONAL RECORD — HOUSE July 25, 2000 park. He roots around for a 1992 essay he with a case of ‘‘survivor’s guilt’’ that has itself to solve the problem of violence, and wrote for the Boston Review, entitled ‘‘On been his motivating force ever since. ‘‘I we had very little interaction with the cler- the Responsibility of Intellectuals in the Age promised the Lord that if he would let me gy. By the early ’90s, however, it became of Crack.’’ It, like his other writings, argues survive, I would never turn my back on these clear that our ‘‘get tough’’ policies just that after the victories of the civil-rights kids,’’ Rivers says. He got a woman pregnant weren’t working. The 1992 stabbing incident movement, the black middle class, particu- and drifted to New Haven, Conn., where he at Morning Star Baptist Church—there was a larly middle-class churches, abandoned the met Kwame Toure, then known as Stokely melee during a funeral—only underscored black poor. The signature phrases of these Carmichael of the Black Panthers. Taking how bad things had gotten. We finally saw articles—‘‘virtual apartheid,’’ a ‘‘crisis of occasional courses at Yale, he carved three that we couldn’t simply arrest our way out moral and cultural authority’’—swim identities for himself, collecting welfare of the escalating bloodshed. throughout his conversation, crusty set checks in Philadelphia, New York and New It was time for real collaboration. We real- pieces amid his staccato improvisations. Haven. Finally, another mentor—Martin ized that preachers have tremendous credi- ‘‘When he talks slang, I don’t understand Kilson, an iconoclastic black professor at bility as leaders in the community and that him,’’ says Police Lieutenant French. ‘‘And Harvard—discovered Rivers and lured him to having them working with us out in the when he talks the Harvard level, I don’t un- Cambridge. Rivers raged against the privi- streets would have a powerful impact. For derstand him, either.’’ leged black students of Harvard—including, their part, the clergy saw cops doing their Rivers was born in 1950 in Boston, the eld- at first, a Jamaican woman named Jac- best to get inner-city kids into summer est of three children. His mother was a queline Cooke—and left, angry, in 1983. He camps and to get them mentors. We both nurse, a Pentecostal; his father, who moved and Cooke married three years later. knew that what children need is an alter- out when Gene was 3, was a painter, a Mus- On a school holiday at Baker House, Rivers native to crime. lim, who later became art director for the is showing two boys the documentary ‘‘Eyes The alliance that resulted works because Nation of Islam’s paper, Muhammad Speaks. on the Prize,’’ the installment about Fred the police and the ministers really do have a Both parents were black nationalists and in- Hampton and the black Panther Party. The common goal: keeping kids from getting tellectuals. ‘‘What my mother instilled was boys are 12 and 13; Rivers takes satisfaction killed. And it’s not as if we don’t know who that life is duty,’’ he says. ‘‘Life itself is a in calling the younger boy, who appeared is at risk: of the 155 young people who died holy war.’’ Rivers grew up in rugged north- pseudonymously in a 1997 New Yorker arti- from violence between 1990 and 1994, two west Philadelphia, where he was forcefully cle, ‘‘America’s worst nightmare.’’ The kids thirds had prior arrests—an average of 9.4 ar- inducted into the Somersville street gang at are to write reports on the video for which rests for every victim. For the first time, we the age of 12. ‘‘There was a side of my life no- Rivers gives them a few bucks. He hugs the can really concentrate on these specific kids body understood. At age 13, 14 and 15, I re- boy, pays him, and the kids are off. and make honest assessments of what has to member studying Andrew Wyeth, the Bran- ‘‘Kareem,’’ as The New Yorker called the be done with them. We can put our heads to- dywine tradition. [And I’m] in a street gang boy, was Baker House’s most critical case a gether and say this kid has gotten into trou- with a lot of hoodlums. You learn to lead a year ago, and he is still. His day with Rivers ble, but he’s a good kid—let’s try extra hard double life. I’ve always had that tension.’’ began when he showed up at the Rev.’s house to get him the services he needs. This one, Whenever Rivers describes the violent po- for breakfast; it will end around 11 at night, we can’t save—and if we don’t get him off tential of the Dorchester kids, his voice liv- when he asks Rivers for a lift to the city bus, the streets and into prison, he’s not going to ens with a certain rogue romance. ‘‘This bound for wherever, Rivers doesn’t worry make it. ain’t Yuppie kids, this ain’t Cosby kids,’’ he that Kareem will get home safely. ‘‘I’m wor- With a clear, structured communication trumpets at one point. In part this is because ried about whether other people will.’’ For network now in place, we didn’t have to wait he’s playing to a public that finds lurid gang Rivers, Kareem is a test. ‘‘[Kareem]’s father for three or four homicides before realizing violence a sexier topic than, say, urban pov- got murdered,’’ says Rivers. ‘‘His mother we had a problem with the Bloods and Crips erty. But it’s also because he savors that lives in the street more than he does. If you gangs. We’ve got cops and clergy out there, street edge. Mark Scott, who runs the day- can get [Kareem], you’ve got the whole visiting 36 schools and countless homes try- to-day affairs of Baker House, thinks Rivers neighborhood.’’ ing to identify gang wannabes. When there is would be bored in a straighter life. ‘‘He’s pas- In the early days, Rivers pushed religion gang warfare we call members in for an open tor of the church, but he’s also pastored by harder on the kids, but found that it intimi- session with representatives from the D.A.’s the people around him, especially Jackie.’’ dated—and turned off—many of them. So office, the probation officers, social-service Scott believes that Baker House has saved now he keeps preaching to a minimum. But workers and neighborhood ministers and say, Rivers, keeping him on the street but out of the men and women who are giving their ‘‘Look, the community is telling you to stop. trouble, giving him a channel for his anger. lives to Baker House still see faith at the If it doesn’t, the whole system you see here As he describes his own past, Rivers’ tone heart of their mission. ‘‘Bob Moses and is going to indict you, sentence you and send becomes more sober. He’s riding in Jackie’s SNCC, Fred Hampton in Chicago, these folk you to prison.’’ Volvo—Rivers doesn’t have a license—listen- laid their lives down,’’ says Rivers. ‘‘My un- ing to NPR and heading to pick up their two derstanding is that those acts of heroism THE NEW HOLY WAR kids, Malcolm and Sojourner, 10 and 8, near were very Christian acts, in the tradition of their private school in tony Beacon Hill. It (By Kenneth L. Woodward) the martyrs. I live in Dorchester and have does not strike him as a contradiction to Check out any dying neighborhood in weathered what we’ve weathered because send his kids to private school. ‘‘I said, inner-city America and this is what you’ll that’s my understanding of radical disciple- ‘Jackie, I’m not a liberal. I’m not going to find: the church and the liquor store are the ship. There is no crown without the cross. have my kid go to school where the kids are last establishments to leave. Many of the Most folk aren’t ready to hear that.’’ churches are Roman Catholic, built big and so completely antisocial that Malcolm will At the end of a long day, a half dozen solid to serve Irish, Italian, Polish and other end up resenting black kids. No no no no Baker House members gather for a prayer European immigrants. Today, most of the no’.’’ As Jackie drives, Rivers continues his meeting: Ivy League refugees, MIT doctor- parishioners are Hispanic, Asian or African- own story. When he was 13, his life was for- ates. Their testimony is an ecstatic, Pente- American. And the parish schools where dili- ever changed by the Rev. Billy Graham’s costal affair, full of hand-clapping and spon- gent nuns once tutored white ethnic children radio program. Rivers was being menaced by taneous witness. After half an hour, Rivers through English, math and first holy com- an older, bigger kid from a rival gang called ducks out momentarily, passing the recep- munion now cater mostly to kids who are the Lane, and Graham’s words struck him. tionist, a single mother he’d counseled years neither white nor Catholic. Other Christian ‘‘He asked, was I ready to meet my creator? before. ‘‘Hallelujah, praise Jesus,’’ he says— congregations moved up and out when the At that point, that was not a farfetched pos- then, without pause, ‘‘Did you page [a city inner city went poor and black. The Catholic sibility. I had a fear of death, which my con- official]?’’ This is the refracted life of the Church is the church that stayed. Around version experience transformed. My response Rev. Eugene Rivers, drawing upon Harvard the corner are other, newer churches, some to fear is faith.’’ and the Philadelphia street gangs, the Eventually the Rev. Benjamin Smith, a with Spanish names. Many are little more church and the state. Rivers checks his legendary Philadelphia inner-city evan- than basement ‘‘blessing stations’’ and store- pager. The Urban Institute is in for a visit; gelical, pulled Rivers out of the gang and front congregations: Pentecostal, Holiness, his wife is on the other line. He ducks back into the Pentecostal community. But he was Jesus-Saves Baptist, Apostolic This or into the prayer meeting and gives thanks at odds here, too, a bookish intellectual in a Prophesy That—the kind of churches that once more, and once more again. working-class church. He dropped in and out spring up wherever the promise of this life is of two art schools; he read Herbert Marcuse so bleak that the promise of the next is all COPS, CRIME AND CLERGY and Noam Chomsky, getting deeper into rad- there is to count on. ical political thought. The 1969 deaths of BOSTON’S COMMISH ON HOW THE NEW ALLIANCE These churches can’t keep kids out of Black Panthers Fred Hampton and Mark BETWEEN POLICE AND PREACHERS WORKS gangs, fight crime and rescue the nation’s Clark—men his own age, killed in a police (By Paul F. Evans) inner cities by themselves. But none of this raid—shook his moral center, as Graham had I was a beat cop in Gene Rivers’ Dorchester is likely to happen without them. After years before. The nonviolent movement of neighborhood in the early ’70s, but back then spending 30 years and billions in fighting the ’60s had crashed around him. Rivers was our paths wouldn’t have crossed. At the poverty, and decades trying to arrest our angry and confused, ‘‘buck wild,’’ scorched time, the police force didn’t look beyond way out of the problem of crime, Washington

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.054 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6835 has belatedly discovered the wisdom of em- goods with those of civil society and the cause they don’t come well packaged,’’ says powering local churches to do what govern- state. Charity, yes, but also social justice. In John DiIulio, a Princeton professor who la- ment alone has so far failed to accomplish— all these ways we become our brother’s keep- bors at providing the statistical proof that provide the kinds of direct services and in- er. such efforts are paying off. ‘‘Corporate grant spired commitment needed to restore the na- For people of faith, there’s more than one makers are afraid of real God-talk. They pre- tion’s deteriorating urban core. In Congress, way to give this vision flesh. In 1967, riots fer secular rehabilitation to spiritual trans- a bipartisan coalition has swung behind a se- left Newark’s Central Ward for dead. That’s formation.’’ ries of policy changes—broadly called ‘‘char- when Msgr. William Linder began to put to- That may soon change—and must, both in itable choice’’—which allow federal, state gether the New Community Corporation the capital and in corporate America, if reli- and local funds to flow to faith-based anti- with government funds and corporate sub- gion is to really work in the inner city. How- poverty groups. Among the latest initiatives sidies. Operating out of St. Rose of Lima par- ever appealing it sounds, ‘‘the churches can’t is a $500 tax credit for those who contribute ish, Linder has built 3,100 nonprofit housing do it alone,’’ says Mark Scott, an associate to poverty-fighting programs, including units for inner-city residents. The corpora- of Rivers’ in Boston. ‘‘We’re the glue of civic churches. ‘‘Those from the left are disillu- tion runs its own shopping center anchored life, addressing values and spiritual issues sioned with government efforts,’’ says Indi- by Pathmark, the first supermarket to open that the government can’t address. But just ana’s Sen. Dan Coats, a conservative Repub- in the neighborhood in 25 years. Over the saying ‘let the churches do it,’ without the lican, ‘‘and those coming from the right are years Linder has gotten more than 3,000 peo- government, won’t work. not comfortable with the let-the-market- ple off welfare, employing more than half of He’s right. But as Scott and Rivers well sort-it-out thinking.’’ There are limita- them in the corporation’s own nursing home, know, the Devil may be in the details. In of- tions—money is always scarce, and the ap- day-care centers and health services—includ- fering tax credits to those who support faith- peal of a preacher’s personality in the ’hood ing one for children who have HIV-positive. based programs, for example, Coats wants to is hard to replicate. But for people of faith, There’s an automotive institute that trains make sure the money doesn’t go for ‘‘a new the redemption of the nation’s inner cities is mechanics, a credit union for small loans satellite dish for the church.’’ Rivers is one a calling, not a caseload. The God they bring and another corporation to provide credit for of many black ministers who think the sen- into crime-infested streets is both the Old local businesses. ‘‘Developing a community ator’s caution is justified. He is repulsed by Testament Jehovah of law and order and the is a comprehensive task,’’ says Linder, an black denominations like the National Bap- New Testament’s merciful Jesus. A powerful application of Christian values. ‘‘The whole tist Convention, whose president, the Rev. combination—particularly if you add federal issue is—how do you respect the dignity of a Henry Lyons, has been charged with divert- funding to the mix. person?’’ ing church funds for his personal use. The When it comes to rousing a congregation, If the New Community Corporation shows NBC board supports Lyons, who denies the or working one-on-one, there’s nothing like what one priest can accomplish, Cleveland’s charges. Some church bureaucracies, Rivers the coiled power of a charismatic preacher. ‘‘Church in the City’’ program demonstrates says, are like Caribbean governments—they But when it’s jobs and housing and a vision how much more has to be done. Five years ignore their own poor and reward politically for the long haul, only Catholic leaders with ago, Bishop Anthony Pilla looked at the mi- connected stars of the pulpit. ‘‘The way it is a grasp of the wider common weal need gration of Cleveland’s Catholics and con- now, the black church structure undermines apply. That’s why in urban areas like Bos- cluded that his was ‘‘quickly becoming a any system of moral or financial account- ton, Newark and Philadelphia, clergy are suburban diocese.’’ Over the previous four ability,’’ Rivers argues. ‘‘It simply perpet- learning to reach across denominational decades, the city’s 2:1 population ratio over uates a circulation of crooks in which young- lines and tap each other’s strengths. When the suburbs had been reversed. There’s noth- er clergy are encouraged to imitate the old the Rev. Eugene Rivers, a black Pentecostal, ing in the Bible that says ‘‘Thou shalt not dirty bulls.’’ needs access to Boston’s power brokers, he move to the ’burbs.’’ But Pilla, who grew up Rivers and like-minded clergy everywhere dials the phone that rings beside the bed of in Cleveland’s Little Italy, thinks the church think they can do things differently. Indeed, Cardinal Bernard Law. ‘‘He’s my patrone,’’ is obligated not to desert the poor who have one of the emerging battlegrounds in the says Rivers. ‘‘I don’t need an archdiocese be- no choice but to make the inner city home. inner city’s holy war lies between the cause the cardinal already has one.’’ And it’s As bishop, there are some economies Pilla churches themselves. In this post-civil-rights come in handy: in a city with a traditionally can command. Cleveland’s Catholic Charities era, those congregations that prove their Irish Catholic police force and a history of Corporation, which uses both government faith with honest deeds will attract this lat- racial tension between cops and community, funds and contributions from the pews, offers est—and perhaps last—infusion of outside Law has been a key ally of the black clergy grants for inner-city projects. Like other funds. The poor have always looked to their to deracialize law enforcement. Catholic bishops, Pilla has also twinned city churches—for hope as well as for healing. It’s a win-win proposition. Rivers reaches parishes with more prosperous ones in the Will they be disappointed? an at-risk, non-Catholic population with suburbs. The goal is partly financial—to what the cardinal calls ‘‘a pro-poor, pro-fam- allow the better-off to help keep up those THE GOSPEL OF ST. JOHN ily, pro-life platform that I can enthusiasti- parishes in need—and partly social—to es- (By Howard Fineman) cally support.’’ That support includes the tablish Catholic solidarity across the bound- John Ashcroft’s Washington seems worlds moral authority and institutional experience aries separating safe from dangerous neigh- away from Eugene Rivers’ Boston. A first- of a church that counts nearly half the Bos- borhoods. term Republican senator, Ashcroft is an ton area’s population as members. In turn, What Pilla does best is exhort others to antitax, pro-death-penalty conservative from says Rivers, ‘‘we’ve got the local talent—the find answers to the inner city’s needs. Next the Missouri Ozarks, at home with rural forgotten 40 percent of the inner-city blacks month, for example, Third Federal Savings accouterments: his bass boat, his dirt bike, who are working, support families and go to will begin construction of its new head- his farm. But though they’ve never met, Riv- church. We’ve got the clergy pool, the en- quarters in the old Polish neighborhood just ers and Ashcroft are soul brothers of sorts, ergy—we can make the conversions and put outside the city’s high-rise downtown core. moved by the same Pentecostal roots and so- the Spirit into the letter of the law.’’ The bank’s budget has grown from $6 million ciological rationale to pursue a similar mis- But there is much more to inner-city ecu- to $18 million, and instead of a functional sion: expanding the use of religious institu- menism than institutional cooperation. corporate center, chairman Marc Stefanski— tions to reclaim the lives—and lethal Movements need vision, and in the social inspired by Pilla—is creating a capacious streets—of the cities. teachings of the Catholic Church, black building that will anchor the neighborhood While Rivers works Dorchester, Ashcroft Protestant clergy like Rivers have discov- with space for retail shops and a small plaza. ministers to Capitol Hill—and is eyeing a ered a body of thought that fits the problems Because they represent the institutional run for the presidency in 2000. The devout of the inner city into a coherent Christian commitment of the church that stayed, son and grandson of Assembly of God clergy- perspective. Unlike the individualisms of the Catholic bishops like Pilla can attract the men, he’s leading a crusader to open the fed- secular left and right, Catholic doctrine con- kind of government and corporate funds that eral treasury to churches (and other reli- ceives society as an interdependent organism produce housing, jobs and educational oppor- gious institutions) who do the kind of social- rather than a social contract between iso- tunities for the inner-city poor. (Not for welfare work now handled mostly by govern- lated individuals. Rights and duties flow nothing does Andrew Cuomo, head of the De- ment. ‘‘Government bureaucracy looks at from the sacredness of every human person, partment of Housing and Urban Develop- people by criteria, by type,’’ he told News- justice seeks the common good, the state en- ment, keep a Jesuit priest, Father Joseph week. ‘‘Religious people are concerned with sures public order. In this view, persons are Hacala, on his staff.) But inner-city America the whole individual, with his whole life— inherently social and proper human develop- is honeycombed with fledgling operations by even his eternal life. That’s how you build ment requires civic space for a range of in- black evangelicals like Rivers whose faith- self-esteem.’’ stitutions: family, neighborhood, religious based approach to at-risk youths produces It’s long been political and constitutional and other voluntary associations like labor hard-won individual conversions. They wres- heresy to suggest that federal money be used unions and political parties. Catholic lingo tle black males from drug dealers and men- in this way. But violent gangs and govern- such as ‘‘social solidarity’’ in matters of pub- tor kids who never knew their fathers. Cu- ment failures—and the election-year demand lic policy speaks directly to the needs of mulatively, their victories are impressive. for welfare reform—gave Ashcroft an open- inner-city populations. In short, the moral ‘‘But corporate America balks at giving ing. The 1996 welfare law contains his ‘‘chari- community is one that balances individual money directly to these Pentecostals be- table choice’’ provision, which allows states

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.059 pfrm02 PsN: H25PT1 H6836 CONGRESSIONAL RECORD — HOUSE July 25, 2000 to contract with ‘‘faith-based’’ organizations funding like the first round counter- Full funding for empowerment zones to provide welfare services. The groups can’t parts. Instead, they have received two unleashes tremendous potential for proselytize, but they can keep the ‘‘religious installments in appropriation bills that growth and economic development in character’’ of their facilities and, subject to were far below the Federal commit- places like El Paso under Round II. financial audits, remain exempt from most federal workplace regulation. The measure is ment. Each of these communities have laid being challenged in court, but Ashcroft is Now, although this particular bill out long-term plans and proposals marching ahead with a new one, which would does not specifically mention the fund- which will deal with high unemploy- extend charitable choice to include drug ing for Round II zones directly, I am ment, in some cases like El Paso with treatment, juvenile-crime prevention and very pleased that the President of the unemployment running consistently even low-income housing. He got bipartisan United States and the Speaker of the twice the level of the national unem- support in 1996 and hopes for more this year. House have reached an agreement that ployment rate. These communities Ashcroft, 55, comes by his faith in the was announced at a press conference at faith-based honestly. His late father was have already been slated for assistance, president of a sectarian college and a leading the White House a short time ago, and we are pleased this morning that figure in Springfield, the Ozarks city where $200 million for Round IIs were that assistance will be forthcoming. Ashcroft jokingly calls ‘‘the Rome, the Jeru- agreed to, and also I would like to say Mr. Speaker, I intend to vote for and salem’’ of the Assembly of God. The denomi- that I am very pleased that the Speak- support this bipartisan legislation. nation’s tenets: no drinking, no smoking, no er has personally assured me that dis- Mr. SCOTT. Mr. Speaker, I yield 11⁄2 gambling, no dancing, no sex before mar- cretionary funding to keep our existing minutes to the gentlewoman from Ohio riage—but plenty of missionary work and zones operational will be included in (Mrs. JONES). gospel singing in celebration of the Holy the final appropriations process. (Mrs. JONES of Ohio asked and was Spirit. On the eve of his Senate swearing in, This is extremely important for all of given permission to revise and extend Ashcroft was blessed by a laying on of hands, and his head was ‘‘anointed with oil’’ in Old our Round II zones and the hopes that her remarks.) Testament fashion. He hosts a voluntary de- our citizens have for the potential that Mrs. JONES of Ohio. Mr. Speaker, I votion in his office every morning. this brings. rise today in support of H.R. 4923, the Too churchy and remote to be a major The employer wage tax credit, al- Community Renewal and New Markets player? Look closer. For college Ashcroft ready extended to Round I designa- Act. However, I do want to say I share chose Yale (he played rugby but wrote home tions, is included in this bill and is an the concerns of my colleague, the gen- every day), followed by law school at the extremely important component of our tleman from Virginia (Mr. SCOTT), with University of Chicago. His wife, whom he ability to empower these communities. regard to the issues of religious free- met at Chicago, teaches law in Washington at Howard University. Those of us representing these dis- dom and the application of religion to Having never heard the ‘‘call’’ to the min- tressed communities in Congress un- someone’s requirement or ability to be istry, Ashcroft instead is listening to what derstand the vital need to have full served or have a part in a particular the Lord may tell him about the White funding in Round II. This bill helps us program. House. Only He knows whether the Monica move toward that initiative, helps us I am a freshman Member of Congress. Lewinsky affair will lead the public—or even bring to our communities renewed hope I serve on the Committee on Banking Republican primary voters—to yearn for an and empowerment to be able to create and Financial Services and the Com- abstemious, high-collar figure. mittee on Small Business. I chose Meanwhile, Ashcroft is as systematic those jobs and do those things that so about politics as his father was about many of us want to see. those committees because in Cleve- preaching. He’s won five statewide races in a Mr. Speaker, once again I want to land, Ohio, the 11th Congressional Dis- classic ‘‘swing’’ state (two for attorney gen- congratulate and thank all of those trict, from 1986 through 1997 the aver- eral, two for governor, one for the Senate). who have been involved in this process. age income dropped 10 percent. Within He sings barbershop with Trent Lott and is I look forward to this enactment. I the State of Ohio, it rose an average of close to Dr. James Dobson and Pat Robert- urge strong support of this initiative. 5 percent. That is, in part, because the son. Aided by Christian Coalition members, Mr. SCOTT. Mr. Speaker, I yield 2 city has lost high-paying blue collar he won a presidential straw poll in South minutes to the gentleman from Texas Carolina last week and hosted a smart- jobs and has gained jobs in the service money fund-raiser at a bistro in Washington. (Mr. REYES). sector where the salaries on average This week he campaigns in California. And Mr. REYES. Mr. Speaker, I thank the are lower by 13 percent. who knows? He might even find support on gentleman from Virginia (Mr. SCOTT) I believe that this legislation will the streets of Boston. for yielding me this time. allow communities like the City of Mr. ENGLISH. Mr. Speaker, I yield 3 Mr. Speaker, this morning I was here Cleveland to be revived. We have had minutes to the distinguished gen- to express my deep frustration at our great housing starts in Cleveland, new tleman from New Jersey (Mr. inability, while on the one hand bring- housing coming up in areas where we LOBIONDO). ing up this suspension bill for the Com- had riots a few years ago. What is not (Mr. LOBIONDO asked and was given munity Renewal and New Markets Act, there is what makes a full community, permission to revise and extend his re- at the same time when we were unable and that is businesses and opportuni- marks.) to get full funding for Round II em- ties for employment right in one’s own Mr. LOBIONDO. Mr. Speaker, I rise in powerment zones. After I just heard my neighborhood, and opportunities for very strong support of H.R. 4923, the colleague make mention that there has young people to see that the people in Community Renewal and New Markets been an agreement that there will be their communities own businesses and Act. I want to thank all those who $200 million for Round II, I am obvi- can employ persons right in their own played such a crucial role in bringing ously pleased, as El Paso is one of the neighborhood. this bill to the floor. I especially want areas that was designated under Round I rise in strong support of this act be- to thank our speaker, the gentleman II as an empowerment zone. cause I believe it will provide that op- from Illinois (Mr. HASTERT), for his It is important to note, Mr. Speaker, portunity and will clean up some of the work, his tireless efforts, to make sure that over the 10-year life of the pro- neighborhoods through brownfields this initiative moves forward. gram, urban empowerment zones were support. I support everyone who stood Three years ago, Congress authorized supposed to receive $100 million. How- in support of this legislation. and the administration designated 20 ever, in fiscal years 1999 and 2000, Mr. ENGLISH. Mr. Speaker, I yield 5 Round II empowerment zones. My amounts less than $4 million each year minutes to the distinguished gen- home county of Cumberland County, were appropriated for each urban em- tleman from Missouri (Mr. TALENT), New Jersey, in the Second Congres- powerment zone. Moreover, in this fis- one of the authors of this legislation. sional District, is one of those Round II cal year, up until a few moments ago, Mr. TALENT. Mr. Speaker, I thank empowerment zones. We have tremen- we had been led to believe that there the gentleman from Pennsylvania (Mr. dous potential for our community to were zero dollars for empowerment ENGLISH) for yielding me this time. create new jobs, to retain existing jobs, zones. This is good news for El Paso. It Mr. Speaker, I will say to the Mem- to help both socially and economically is good news for all the communities bers of this House this is deja vu all in our community. that have been counting on and have over again. It is the second time I have However, Mr. Speaker, the Round II been planning on a 10-year basis for stood up in support of this bill. I think zones have not received full multiyear money for their empowerment zones. it is worth it.

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.063 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6837 I want to compliment the gentle- have had from community redevelop- the empowerment zones and provide woman from Ohio (Mrs. JONES) on her ment organizations. bonding capacity. remarks. Let me pick up on what she The new market tax credit, new mar- b 1315 said because she mentioned she is a ket venture capital companies which And so this is certainly one of those freshman. She is a very aggressive lady my friend, the ´gentlewoman from New who advocates for her community. She York (Ms. VELAZQUEZ), worked so hard bills where 99 percent of the bill is just is on the Committee on Small Business on and which has been part of the a magnificent bill. There is 1 percent of and the Committee on Banking and Fi- President’s vision for over a year, these the bill that causes some serious prob- nancial Services because she recognizes are similar to small business invest- lems. And, unfortunately, they are con- that in the new world of economic em- ment corporations which we already stitutional problems that the gen- powerment and community renewal have. What they do is they will be pri- tleman from Virginia (Mr. SCOTT) has the key is drawing in private sector in- vate equity investment corporations. described eloquently in his comments. They involve the ability of religious vestment into these distressed neigh- They will raise private capital. The institutions to discriminate against ap- borhoods and private sector invest- Federal Government will, through the plicants for employment who may not ments that make sense in terms of pri- sale of the ventures, allow them to agree with their religious tenets. And vate sector standards. That is the key draw down additional capital, and they what I am trusting is that as I vote for to the future. She sees it, and this is a must invest it in these distressed this bill and support the 99 percent fa- lady with ties and bonds to her commu- neighborhoods. This idea is pulsating vorable, that the Court will see fit to nity. She is hearing it from the organi- with the vision that this is correct, right the legal and constitutional that these neighborhoods are places zations that are making a difference in wrong with this bill. I appreciate the where the economy can prosper. these communities, as I have heard it, gentleman from Virginia yielding me There are thousands of budding en- and as the other sponsors of this bill this time for me to voice my support of trepreneurs in these neighborhoods, have heard it as well. the bill. Let me go through some of the provi- and all they need is some investment Mr. SCOTT. Mr. Speaker, I yield my- sions in this bill so the House can see capital and some advice. We should not self the balance of the time. how comprehensive it is in proving out look on these neighborhoods as liabil- Mr. Speaker, as many of my col- this principle I just mentioned and not ities. They are assets, and the new leagues have pointed out, there is a lot just private sector investment, drug market venture capital companies are of good in the bill. But there clearly and alcohol counseling, which we have premised on that assumption. are constitutional problems with fund- talked about, homeownership, all of There are parts of this bill I like ing pervasively sectarian organiza- these provisions that are necessary to more than other parts, obviously, be- tions. There are problems with the rebuilding of neighborhoods, because cause I have been sponsoring them for drug counseling provisions. these are not neighborhoods with hous- a long time. There is not a part of this In a letter of July 12 of this year to ing problems or drug problems or po- bill I disagree with. This is not a case Members of Congress, the National As- lice problems or educational problems. where anybody in this coalition has sociation of State Alcohol and Drug These are people who have all of the had to accept something they really do Abuse Directors wrote the following: needs and the range of needs that peo- not like in order to get something that ‘‘There is a strong national consensus ple have, and we need to address them they do. That is one of the things that around the core competencies that a all at once; and we can do it through is exciting about it. substance abuse practitioner must these community organizations. I do not think I need my whole 5 min- demonstrate in order for them to be ef- The bill provides, as others have utes. I will say I appreciated so much fective,’’ and they go on to talk about talked about, for the establishment of the comments on the part of the spon- the importance of State regulations, renewal communities within which sors in support of this bill and also the which is essentially overturned in this there will be very significant tax and principled and eloquent statement of bill. regulatory relief designed to draw in concern by my friend, the gentleman Mr. Speaker, there is in the bill a private venture capital, a zero capital from Virginia (Mr. SCOTT). Let us go provision that specifically allows reli- gains rate, zero percent capital gains ahead and pass this bill. We still have gious discrimination in employment. for investments made and held for 5 Senate passage. We still have con- So we are faced with a situation that years in these communities; commer- ference, but let us not stop this now. reminds me of the question, ‘‘Other cial revitalization deduction which the We do not have a lot of time left in than that, Mrs. Lincoln, how did you gentleman from Pennsylvania has this session. It is almost a miracle we like the play?’’ Other than the provi- fought so hard for, who encouraged in- are able to do this on a bipartisan basis sions that are constitutionally prob- vestors and companies to rehab build- in an election year. Let us continue the lematic, other than the drug coun- ings in these neighborhoods; increased miracle and do something for these seling certification problems, other expenses for small business, up to neighborhoods which are doing so than the separate-but-equal drug pro- $35,000 in deductions for equipment much for themselves. grams, other than the discrimination more than they can currently take, Mr. SCOTT. Mr. Speaker, I yield 2 in employment, how do we like the and employment wage credit for busi- minutes to the gentleman from North bill? nesses to hire people from these neigh- Carolina (Mr. WATT). Mr. Speaker, I think we ought to borhoods; brownfields credit. Mr. WATT of North Carolina. Mr. vote against the bill, allow the bill to This, coupled with regulatory relief Speaker, I have been in this body 8 be amended so that we can enjoy the and municipalities that wish to be a re- years almost now, and I think I have good and favorable things in the bill. newal community, must include agree- never seen a bill come to the floor that Mr. Speaker, I yield back the balance ments with these neighborhood organi- I thought was a perfect bill. Sometimes of my time. zations about things like infrastruc- we have 99 percent terrible things in a Mr. ENGLISH. Mr. Speaker, I yield ture investment, or taxes in those com- bill and one good thing that tempts one myself the balance of my time. munities, or community policing; to vote for it. Sometimes there is 99 Mr. Speaker, this legislation is truly again, raising the visibility and the percent good in a bill and one very bad landmark legislation. I have listened prestige of these neighborhood organi- provision that tempts one to vote to some of the criticisms from the zations. against it. That is the situation we are other side of the legislation and I have Homeownership provisions, requires in in this case, because the over- been pleased to see the bipartisan char- HUD to sell to neighborhood develop- whelming balance of the argument acter of its support. Every one of the ment organizations substandard hous- about this bill is favorable. It is a mag- objections that have been raised to this ing so that HUD can no longer not do nificent bill that will help to stimulate legislation have been before this House anything itself with housing, nor inner city communities, rural commu- in the past and have been set aside. refuse to give the housing to people nities in need of employment and revi- They should not deter us from moving who will do something with it. This is talization. It will bring private funds forward and doing the right thing, be- a constant complaint I have and others back into our communities and extend cause this legislation, Mr. Speaker,

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.091 pfrm02 PsN: H25PT1 H6838 CONGRESSIONAL RECORD — HOUSE July 25, 2000 will place a new emphasis in this House expanded under this bill. The proposal has not partment or the Small Business Administration on distressed communities. It will give been adequately scored to take government (SBA), HUD has no expertise in managing a those distressed communities and their loan guarantee risk into consideration, and is large-scale business investment program. inhabitants the opportunity to partici- to be administered by the Department of For the reasons outlined above, we believe pate in our national growth and in our Housing and Urban Development (HUD), that the APIC program is not the preferred national opportunity. which is inadequately prepared for the respon- means of addressing poverty and unemploy- We have an opportunity to move op- sibility. ment in economically distressed urban and portunities to where the needs are. A lack of capital is not keeping businesses rural areas. Its band-aid approach as a gov- That is something that at a time of ris- from investing in these areas, especially not ernment subsidized investment program does ing growth and rising tides, we need to the large-scale, established businesses that not reduce the cost of business in these make a priority if our society is going the APIC program would targetÐthe problem areas, aside from reducing the cost of capital to create opportunity for Americans is the high cost of doing business. Instead of for large companies who can easily find funds and focus not only on liberty, but also attacking the fundamental problems of these in the private market. The best way to pro- on equal opportunity. areas, a program such as APIC reduces urban mote economic growth is to reduce federal, Mr. Speaker, in passing this legisla- and rural areas' incentives to change what state and local tax and regulatory burdens, tion, we will give thousands of low-in- makes investment in these communities dif- which would encourage local entrepreneursÐ come Americans a stake in the Amer- ficult in the first placeÐpenalizing tax rates, with their own capital at riskÐto determine ican dream. And as we do so, we have burdensome regulatory policies, a lack of what works best in their community. an opportunity to greenline many of pubic infrastructure, and high crime rates. Mr. GARY MILLER of California. Mr. Speak- our distressed communities. All too Further, a lack of venture capital is not an er, I rise today to speak about the American often in the past, our distressed rural issue. The companies the APIC proposal tar- Community Renewal Act and one of the provi- and urban communities have experi- gets are not entrepreneurial start-ups, nor are sions relating to a very worthwhile and suc- enced redlining, a loss of opportunity they small businesses. They are companies cessful program called the low income hous- for investment. Today, we are creating like Safeway or Wal-Mart. Location of venture ing tax credit. This program provides low and incentives which would effectively capital is also not an issue. In today's informa- very low income families with affordable rental greenline those communities and at- tion economy where technology facilitates housing and represents the best of the fed- tract new investment, new jobs, and long-distance interpersonal communication, eral/state public/private partnerships in hous- new opportunity and create new tools venture capital flows to where it can earn a ing. The low income housing tax credit en- to allow local people to design local in- high rate of return, whether the investment is courages investors to fund the required risk stitutions to their needs. in Chicago or the Appalachian Mountains. equity for construction and rehabilitation of In western Pennsylvania, we have At least eight federal programs already exist rental housing. Currently, the tax credit is the communities in my district like that have similar goals as the APIC program. primary federal support for expanding the na- Farrell, Pennsylvania, and some of the We understand each program is structured tion's stock of affordable housing. Roughly, neighborhoods even of my hometown of slightly differently and awards loans and 35,000 new and 35,000 rehabilitated rental Erie, who could benefit enormously grants differently than APICs, but the outcome units are created each year with this state-ad- from these new, nonbureaucratic tools. remains the same. These include Community ministered program. Mr. Speaker, we have passed many Development Block Grants (CDBG) Section What concerns me is the portion of the tax bills in this House. We have passed 108 Loan Guarantees, Community Develop- American Community Renewal Act which a marriage penalty credit, we have ment Financial Institutions (CDFIs), Small would reform the way in which the program passed pension reform, we have passed Business Investment Companies (SBICs), and works today. This reform would have the ef- a taxpayer Bill of Rights, too. We have the Business and Industry Loan program ad- fect of requiring states to give a preference in passed small business incentives and ministered by the USDA. their credit allocation to housing rehabilitation we voted to eliminate the death tax. The APIC proposed creates quasi-GSEs, by in qualified census tracts where more than 50 We have gotten rid of an antiquated relying on government subsidies to back ``pri- percent of the households have incomes at phone tax in action in the House and vate'' loans. This is not a private market initia- less than 60 percent of the area median in- we will be moving soon to repeal a tax tive. HUD is granted authority to create a sec- come. on Social Security benefits. ondary market in APIC debt, similar to how I have no quarrel with states allocating the We have passed many tax bills in this Ginnie Mae guarantees mortgage debt. Cre- tax credit to areas in need of community revi- House. Why do we not today pass a tax ation of this secondary market further lowers talization for rehabilitation of existing units. bill to provide relief for those commu- the cost of capital, but increases taxpayer risk. However, the beauty of this program is the nities who all too often have been left In fact, under H.R. 4923, APICs are ex- balance struck between federal tax incentives behind? In passing this legislation, we pected to lose $6 million for every $1 billion in- and state administration. I do not want us at are committing ourselves to a vision of vested. CBO believes that this loss could be the federal level dictating to the states that the a growing prosperous America and cre- greater if the true value of risk is calculated. credits should go to any particular area. States ating a land of opportunity where op- In addition, CBO wrote that although the APIC already have the discretion to give preference portunity truly exists for every Amer- legislation ``authorizes the appropriation of $36 in allocating the credit to projects going into ican. million annually for the subsidy cost of loan areas in need of revitalization or rehabilitation Mr. Speaker, I urge all of my col- guarantees and $1 million annually for admin- of existing units in under served areas. I just leagues to join me in passing this legis- istrative expenses...based on the experi- do not believe the federal government should lation. ence of similar loan guarantee programs ad- be in the business of forcing this upon the Mr. RYAN of Wisconsin. Mr. Speaker, today ministered by the SBA. CBO estimates that states. While I have no doubt that this provi- we are voting on H.R. 4923, the Community the subsidy cost to guarantee $1 billion in sion included in the package is well inten- Renewal and New Markets Act, which in- loans under the APIC program would cost tioned I believe it would have a negative im- cludes a provision to create several very large about $50 million annually.'' Based on SBA pact on the programs and the states which ad- investment companies targeted toward the programs, ``CBO expects that APIC borrowers minister it. I hope that this bill can move for- inner cities and rural communities. would default on between 25 and 30 percent ward and that at the appropriate time we can The American Private Investment Compa- of the guaranteed loans.'' revisit this issue and clarify this provision. nies' (APIC) proposed goal of bringing large- To put this in perspective, CRS contrasts Mr. UDALL of Colorado. Mr. Speaker, I rise scale businesses to economically distressed the expected 3.6 percent subsidy rate with in support of H.R. 4923, the Community Re- communities is a laudable and important goal. both CDFIs and SBICs. CDFIs have a FY1999 newal and New Markets Act. H.R. 4923 pro- However, the APIC proposed under the Com- subsidy rate of over 39 percent and SBICs vides tax credits, regulatory assistance and munity Renewal and New Markets Act accepts have a subsidy rate of 25 percent (as of access to capital aimed primarily at economi- the various impediments to investing in the 1996). Accordingly, CRS, as well as CBO, the cally disadvantaged communities. inner city and rural communities and simply of- proposed 3.6 percent subsidy rate far too low. Since joining the Small Business Com- fers businesses a subsidy for risky investment. Finally, HUD is a highly political department mittee, I have been committed to seeing the Further, the legislation duplicates several ex- and has demonstrated a lack of success in President's New Markets Initiative enacted into isting programs, including Small Business In- handling new programs, such as the commu- law. As we consider H.R. 4923 today, I would vestment Companies (SBICs) which are also nity builders program. Unlike the Treasury De- like to call my colleague's attention to a pair

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.078 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6839 of provisions in this bill offered by the Small powerment Zones and Secretary Andrew increase will have the greatest impact on Business Committee. I am proud to have Cuomo to my district to view firsthand the crit- business there, because approximately 57% of worked on these bi-partisan, commonsense ical need for community development in my workers are within $1.00 of the current min- imum wage, far in excess of any other U.S. Small Business Committee provisions, the district. jurisdiction. Moreover, unemployment in New Markets Venture Capital Program and Across our nation, I have seen and heard Puerto Rico, despite massive infrastructure BusinessLINC. firsthand the benefits of EZs in distressed development and local tax incentives, stub- The New Markets Venture Capital Program communities. This initiative continues to be bornly remains approximately 11 percent; (NMVC) creates a public private partnership to one of our nation's leading programs in the per capita incomes remain less than 1⁄2 of any fund businesses located principally in low-in- fight against poverty. Although, there are state; a very substantial number of the come areas. The New Markets Initiative's pri- clearly some provisions in this bill that cause American citizens in Puerto Rico have in- me concern, I am positive this measure will comes below the poverty line. mary objective is the establishment of a ven- The job creation incentives of H.R. 2138 ture capital program with the specific mission equip small businesses, and communities with could alleviate these economic hardships. of identifying and providing for the investment the tools needed to combat poverty. That bill would provide the incentives of sec- needs of small entrepreneurs in low-to-mod- In closing, I urge my colleagues to support tion 30A to new companies and new lines of erate income communities, including inner-city H.R. 4923 and make economic revitalization a businesses and it would extend the section and rural areas. This program represents the reality for many of our communities. 30A program beyond 2005, when it is cur- heart and soul of the New Markets Initiative. Mr. CRANE. Mr. Speaker, I want to com- rently scheduled to terminate. mend you, Chairman ARCHER and Represent- These are essential components of an effi- NMVC takes the concept of venture capital, in cient job creations incentive uniquely tai- atives WATTS and TALENT for the hard work a public-private partnership, and applies it di- lored to the needs of Puerto Rico. rectly to areas untouched by economic pros- and excellent result represented by the legisla- We urge you to consider the principles in perity. The SBA is planning to name 10 tion before us here today. This bill applies Re- H.R. 2138 as you craft community revitaliza- NMVC's throughout the country. The NMVC's publican principles of economic growth and tion tax incentives. This bill recognizes that will receive a $15 million appropriation for loan opportunity to those communities that have the economic strength of this country is in the private sector. Enactment of this legisla- guarantees that translates into $150 million in not fully participated in the strong economic growth experienced by much of our nation in tion will help keep Puerto Rico on the road loans. to economic growth through principles in BusinessLINC encourages large businesses the last several years. which we all believe. to team with small businesses and entre- Having said this, however, I need to men- Sincerely, preneurs located in low income areas. This tion one important issue that has not yet been Charles B. Rangel, Xavier Becerra, Pat- grant program helps promote business-to-busi- addressed. This legislation, while helping rick J. Kennedy, Richard Neal, Robert ness networking through local third-party enti- many American communities, does little or T. Matsui, E. Clay Shaw, Jr., Phil ties such as Chambers of Commerce. In addi- nothing for the American citizens of Puerto English, Mark Foley, Michael R. tion, the program provides funds to these local Rico, citizens whose island is in dire need of McNulty, Philip M. Crane, Nancy John- son, Dave Camp, Jim Ramstad, Jen- business organizations for technical assist- economic development. I have introduced leg- islation in this Congress, H.R. 2138, that will nifer Dunn, Tom Davis, J.D. Hayworth, ance programs, such as marketing and busi- Amo Houghton, Members of Congress. ness plans. apply the job creation incentives of section 30A of the tax code to U.S. companies doing Mr. LEACH. Mr. Speaker, I rise today in Across this country, more than 34.5 million strong support of the legislation before us, in people live below the poverty line. In this time business in Puerto Rico for new and ex- panded activities. My legislation applies to particular Title VI, the American Private Invest- of unparalleled economic growth and pros- ment Companies (APIC) section that the perity, the Community Renewal and New Mar- Puerto Rico the same objectives of the Com- munity Renewal legislation to encourage pri- Banking Committee approved in April. These kets Act is truly needed to harness the entre- APICs are designed to create new investment preneurial power that exists in these cities and vate sector investment and job growth in areas which need it the most. in those communities and the people of these towns, and to insure that our nation's eco- communities who are not fully participating in nomic growth touches all. While I certainly support the legislation be- fore us here today, I hope that we will be able the economic good times most Americans are Ms. JACKSON-LEE of Texas. Mr. Speaker, currently enjoying. I am in strong support of H.R. 4923, the Com- to address as expeditiously as possible, the concerns I am raising with regard to Puerto Let me say at the outset Chairman Green- munity Renewal and New Markets Act. This span was before the Banking Committee Rico. I believe it is only fair that the opportuni- legislation enables distressed communities today to talk about the longest economic ex- ties for economic development and economic with the tools needed for community develop- pansion in the nation's post-World War II his- prosperity are extended to our American citi- ment. tory which has provided jobs for more Ameri- zens in Puerto Rico as well. I submit for the As you know, the Empowerment Zone and cans than ever before. As he noted, the un- RECORD a copy of a letter sent to Ways and Enterprise Community (EZ/EC) Initiative is a employment rate is low; inflation is in check; Means Chairman ARCHER from a number of key element to President Clinton's job creation productivity growth is the highest in 15 years; my colleagues expressing the very concerns I strategy for America. It create jobs and busi- and not only is the federal budget in balance, have articulated here. I look forward to work- ness opportunities in the most economically but to the astonishment of most, surpluses are ing with my colleagues on this important issue. distressed areas of inner cities and the rural forecast for the foreseeable future. heartland. The EZ/EC effort provides tax in- CONGRESS OF THE UNITED STATES, Sustained economic growth has occurred in centives and performance grants and loans to HOUSE OF REPRESENTATIVES, part due to significant private sector produc- Washington, DC, July 18, 2000. create jobs and expand business opportuni- tivity increases, in part as a result of a mix of ties. It also focuses on activities to support Hon. BILL ARCHER, Chairman, Committee on Ways and Means, fiscal and monetary policies which, perhaps, people looking for work: job training, childcare, House of Representatives, Longworth House for the first time in decades are working in and transportation. Office Building, Washington, DC. sync, rather than in juxtaposition. H.R. 4923, will establish 40 new renewable DEAR MR. CHAIRMAN: In the coming months One of the stark difficulties in our economy, communities across our nation and in areas we will consider exciting new initiatives to however, is that the gap between the well-to- where pervasive poverty and high unemploy- encourage private sector community eco- do and the less well off is widening. While job ment exist. Furthermore, this bill will authorize nomic development and job growth in areas opportunities are expanding to the most dis- various tax incentives for individuals and busi- that have not fully kept up with the eco- advantaged parts of the population, clearly nesses located within these renewable com- nomic expansion of the past decade. We are also considering tax proposals that will help more can be done so that all Americans have munities. Some of these incentives include tax business offset the impact of another in- the opportunity to work at fulfilling jobs and to credits for private investors in poor neighbor- crease in the minimum wage. provide for their families. hoods, and loans and technical assistance to These initiatives are an important part of The portion of the legislation before us help small businesses in low income areas. the economic agenda that you have been under the Banking Committee's jurisdiction Most importantly, the bill will authorize the fighting for as Chairman, to encourage the would spur companies to make equity invest- creation of nine additional EZs in low income growth of a vibrant private sector as the ments in distressed areas. These companies neighborhoods. In my district, the 18th Con- foundation for continued economic pros- would be licensed by HUD as for-profit private perity in all American communities. gressional District of Houston, Texas, there is Toward that goal, we urge you to include venture capital firms and provided government an urgent need for community redevelopment. incentives for job creation in Puerto Rico in guarantees of company debentures, provided In fact, I was glad to invite both Alvin Brown, these programs. As you know, the minimum the licensee brings at least $25 million in pri- Director of the White House Office of Em- wage increase will apply in Puerto Rico. This vate equity capital and substantially serves

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JY7.043 pfrm02 PsN: H25PT1 H6840 CONGRESSIONAL RECORD — HOUSE July 25, 2000 low-income distressed neighborhoods and House suspend the rules and pass the Istook Mink Shadegg Jackson-Lee Moakley Shaw communities. bill, H.R. 4923. (TX) Mollohan Shays The Administration has testified that APICs, The question was taken. Jefferson Moore Sherwood licensed and guaranteed by the Federal gov- Mr. ENGLISH. Mr. Speaker, I object John Moran (KS) Shimkus ernment, would provide the type of incentives Johnson (CT) Moran (VA) Shows to the vote on the ground that a Johnson, E.B. Morella Shuster necessary for developments such as shopping quorum is not present and make the Johnson, Sam Murtha Simpson centers and manufacturing facilities that would point of order that a quorum is not Jones (NC) Myrick Sisisky otherwise not locate in some of our most dis- present. Jones (OH) Nadler Skeen Kanjorski Napolitano Skelton tressed communities. The SPEAKER pro tempore. Evi- Kaptur Neal Slaughter Before closing, I would also like to briefly dently a quorum is not present. Kasich Nethercutt Smith (MI) mention the FHA Risk Sharing Demonstration The Sergeant at Arms will notify ab- Kelly Ney Smith (NJ) Kennedy Northup Smith (TX) Program Proposal that will allow the FHA to sent Members. risk-share 20 percent of its mortgage loan Kildee Norwood Snyder ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Kilpatrick Nussle Souder portfolio on a demonstration level with commu- Kind (WI) Oberstar Spence nity development financial institutions. This will The SPEAKER pro tempore. Pursu- King (NY) Obey Spratt help more individuals purchase homes who ant to clause 8 of rule XX, following Kingston Ortiz Stabenow Kleczka Ose Stearns normally don't qualify for loans because of a this 15-minute vote on H.R. 4923, the Chair will put the question on motions Klink Owens Stenholm high risk credit history. This provision is similar Knollenberg Oxley Strickland to Section 206 of H.R. 1776, which the House to suspend the rules on which further Kolbe Packard Stump approved earlier this year. proceedings were postponed earlier Kucinich Pallone Stupak today in the following order: Kuykendall Pascrell Sununu In addition, another important provision of LaFalce Pastor Sweeney this bill allows for transferring substandard, va- H.R. 4923, the pending vote; LaHood Pease Talent cant, HUD-held properties into the possession H.R. 4888, by the yeas and nays; Lantos Peterson (MN) Tancredo H.R. 4864, by the yeas and nays. Largent Peterson (PA) Tanner of local governments and community develop- Larson Petri Tauscher ment corporations for homeownership and The Chair will reduce to 5 minutes Latham Phelps Tauzin community revitalization efforts in distressed the time for each electronic vote after LaTourette Pickering Taylor (MS) the first vote in this series. Lazio Pickett Taylor (NC) communities. Ineffective federal housing poli- Leach Pitts Terry cies regarding the disposition of federally held The vote was taken by electronic de- Lee Pombo Thomas properties can negatively impact the economic vice, and there were—yeas 394, nays 27, Levin Pomeroy Thompson (CA) vitality of neighborhoods. HUD's management not voting 14, as follows: Lewis (CA) Porter Thompson (MS) Lewis (GA) Portman Thornberry of its property disposition program for FHA [Roll No. 430] Lewis (KY) Price (NC) Thune foreclosed homes has made it difficult for YEAS—394 Linder Pryce (OH) Thurman many communities to maintain property values Lipinski Quinn Tiahrt Abercrombie Cardin Fletcher LoBiondo Radanovich Tierney and dedicated homeowners. According to Aderholt Carson Foley Lowey Rahall Toomey Congressional testimony by HUD's Inspector Allen Castle Forbes Lucas (KY) Ramstad Towns General, at the end of January 2000, HUD's Andrews Chabot Ford Lucas (OK) Rangel Traficant Archer Chambliss Fossella real estate-owned inventory totaled 47,711 Luther Regula Turner Armey Chenoweth-Hage Fowler Maloney (CT) Reyes Udall (CO) properties, 42 percent of which had been in Baca Clay Franks (NJ) Maloney (NY) Reynolds Udall (NM) the inventory 6 months or more, and 17 per- Bachus Clayton Frelinghuysen Manzullo Riley Upton cent of which had been in the inventory 12 Baird Clement Frost Markey Rivers Velazquez Baker Clyburn Gallegly Martinez Rodriguez Vitter months or more. Baldacci Coble Ganske Mascara Roemer Walden HUD's foreclosed, vacant and substandard Ballenger Coburn Gekas Matsui Rogan Walsh single-family properties are widely perceived Barcia Collins Gephardt McCarthy (MO) Rogers Wamp as contributing to increased crime, urban Barr Combest Gibbons McCarthy (NY) Rohrabacher Watkins Barrett (NE) Condit Gilchrest McCrery Rothman Watt (NC) blight, and the overall decline of working-class Barrett (WI) Cook Gillmor McGovern Roukema Watts (OK) neighborhoods. Bartlett Cooksey Gonzalez McHugh Roybal-Allard Weiner This bill requires HUD to transfer, to the Bass Costello Goode McInnis Royce Weldon (FL) Bateman Cox Goodlatte maximum extent practicable, ownership of eli- McIntyre Rush Weldon (PA) Becerra Coyne Goodling McKeon Ryan (WI) Weller gible properties (HUD-owned substandard Bentsen Cramer Goss McKinney Ryun (KS) Wexler multifamily, unoccupied multifamily, or unoccu- Bereuter Crane Graham McNulty Salmon Weygand pied single-family properties) to a unit of local Berkley Crowley Granger Meehan Sanchez Whitfield Berman Cubin Green (TX) Meek (FL) Sandlin Wicker government having jurisdiction for the area Berry Cummings Green (WI) Meeks (NY) Sanford Wilson where the property is located, or to a commu- Biggert Cunningham Greenwood Metcalf Sawyer Wise nity development corporation within such juris- Bilbray Davis (FL) Gutknecht Mica Saxton Wolf Bilirakis Davis (IL) Hall (OH) diction, on certain terms and conditions. In Millender- Scarborough Woolsey Bishop Davis (VA) Hall (TX) McDonald Schaffer Wu cases where single-family property is trans- Blagojevich Deal Hansen Miller (FL) Sensenbrenner Wynn ferred to a local unit of government, this sec- Bliley DeGette Hastert Miller, Gary Serrano Young (AK) Blumenauer Delahunt Hastings (WA) Minge Sessions Young (FL) tion requires a $1 purchase program, con- Blunt DeLauro Hayes sistent with current HUD policy. Boehlert DeLay Hayworth NAYS—27 In closing, I would like to note that Rep- Boehner DeMint Hefley Ackerman Hastings (FL) Sabo resentative LAZIO, Chairman of the Housing Bonilla Deutsch Herger Baldwin Jackson (IL) Sanders Bonior Diaz-Balart Hill (IN) Conyers Lofgren Schakowsky Subcommittee, along with Representatives Bono Dickey Hill (MT) WATTS, and TALENT and Banking Committee DeFazio McDermott Scott Borski Dicks Hilleary Farr Miller, George Sherman Ranking Member LAFALCE, are to be congratu- Boswell Dingell Hilliard Filner Olver Stark lated for their hard work on the legislative Boucher Dixon Hinchey Frank (MA) Paul Visclosky Boyd Doggett Hinojosa package before us. In addition, the leadership Gejdenson Payne Waters Brady (PA) Dooley Hobson Gutierrez Pelosi Waxman of Speaker HASTERT has been critical in put- Brady (TX) Doolittle Hoeffel ting this entire package together. His commit- Brown (FL) Doyle Hoekstra NOT VOTING—14 Brown (OH) Dreier Holden Barton Gordon Menendez ment to work bipartisanly with the President to Bryant Duncan Holt Danner Jenkins Ros-Lehtinen advance this important legislative package de- Burr Dunn Hooley Edwards Lampson Smith (WA) Burton Ehlers Horn serves our commendation. I urge adoption of Ewing McCollum Vento Buyer Ehrlich Hostettler the bill. Gilman McIntosh Mr. ENGLISH. Mr. Speaker, I yield Callahan Emerson Houghton Calvert Engel Hoyer b 1344 back the balance of my time. Camp English Hulshof The SPEAKER pro tempore (Mr. Campbell Eshoo Hunter Messrs. MCDERMOTT, DEFAZIO, SIMPSON). The question is on the mo- Canady Etheridge Hutchinson GUTIERREZ, WAXMAN and SHER- Cannon Evans Hyde tion offered by the gentleman from Capps Everett Inslee MAN changed their vote from ‘‘yea’’ to Pennsylvania (Mr. ENGLISH) that the Capuano Fattah Isakson ‘‘nay’’.

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.100 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6841 Mrs. MEEK of Florida and Ms. JACK- Franks (NJ) Lucas (KY) Ryan (WI) ANSWERED ‘‘PRESENT’’—2 Frelinghuysen Lucas (OK) Ryun (KS) SON-LEE of Texas changed their vote Johnson (CT) LaFalce Frost Luther Sabo from ‘‘nay’’ to ‘‘yea’’. Gallegly Maloney (CT) Salmon NOT VOTING—15 So (two-thirds having voted in favor Gejdenson Maloney (NY) Sanchez Barton Gilman McIntosh Gekas Manzullo Sanders thereof) the rules were suspended and Danner Gordon Menendez Gephardt Markey Sandlin the bill was passed. Edwards Jenkins Ros-Lehtinen Gibbons Martinez Sanford Ewing Lampson Smith (WA) The result of the vote was announced Gilchrest Mascara Sawyer Ganske McCollum Vento as above recorded. Gillmor Matsui Saxton Gonzalez McCarthy (MO) Scarborough A motion to reconsider was laid on Schaffer b 1354 the table. Goode McCarthy (NY) Goodlatte McCrery Schakowsky So (two-thirds having voted in favor Scott f Goodling McDermott thereof) the rules were suspended and Goss McGovern Sensenbrenner Graham McHugh Serrano the bill was passed. b 1345 Sessions Granger McInnis The result of the vote was announced Shadegg Green (TX) McIntyre ANNOUNCEMENT BY THE SPEAKER Shaw as above recorded. Green (WI) McKeon Shays A motion to reconsider was laid on Greenwood McKinney The SPEAKER. Pursuant to the pro- Sherman Gutierrez McNulty the table. visions of clause 8 of rule XX, the Chair Sherwood Gutknecht Meehan Shimkus f will reduce to 5 minutes the period of Hall (OH) Meek (FL) time within which a vote by electronic Shows Hall (TX) Meeks (NY) Shuster VETERANS CLAIMS ASSISTANCE Hansen Metcalf device may be taken on each additional Simpson ACT OF 2000 motion to suspend the rules on which Hastings (FL) Mica Sisisky Hastings (WA) Millender- Skeen The SPEAKER pro tempore (Mr. the Chair has postponed further pro- Hayes McDonald Skelton SIMPSON). The pending business is the ceedings. Hayworth Miller (FL) Slaughter Hefley Miller, Gary question of suspending the rules and f Smith (MI) Herger Miller, George Smith (NJ) passing the bill, H.R. 4864, as amended. Hill (IN) Minge Smith (TX) The Clerk read the title of the bill. INNOCENT CHILD PROTECTION ACT Hill (MT) Mink Snyder OF 2000 Hilleary Moakley Souder The SPEAKER pro tempore. The Hilliard Mollohan Spence question is on the motion offered by The SPEAKER. The pending business Hinchey Moore Spratt the gentleman from Arizona (Mr. is the question of suspending the rules Hinojosa Moran (KS) Stabenow STUMP) that the House suspend the Moran (VA) Stark and passing the bill, H.R. 4888. Hobson rules and pass the bill, H.R. 4864, as The Clerk read the title of the bill. Hoeffel Morella Stearns Hoekstra Murtha Stenholm amended, on which the yeas and nays The SPEAKER. The question is on Holden Myrick Strickland are ordered. the motion offered by the gentleman Holt Nadler Stump This will be a 5-minute vote. from Arkansas (Mr. HUTCHINSON) that Hooley Napolitano Stupak Sununu The vote was taken by electronic de- the House suspend the rules and pass Horn Neal Hostettler Nethercutt Sweeney vice, and there were—yeas 414, nays 0, the bill, H.R. 4888, on which the yeas Houghton Ney Talent not voting 20, as follows: and nays are ordered. Hoyer Northup Tancredo [Roll No. 432] The vote was taken by electronic de- Hulshof Norwood Tanner Hunter Nussle Tauscher YEAS—414 vice, and there were—yeas 417, nays 0, Tauzin Hutchinson Oberstar Abercrombie Burton Dicks answered ‘‘present’’ 2, not voting 15, as Hyde Obey Taylor (MS) Taylor (NC) Ackerman Buyer Dingell follows: Inslee Olver Terry Aderholt Callahan Dixon Isakson Ortiz [Roll No. 431] Thomas Allen Calvert Doggett Istook Ose Thompson (CA) Andrews Camp Dooley YEAS—417 Jackson (IL) Owens Thompson (MS) Archer Campbell Doolittle Jackson-Lee Oxley Abercrombie Boyd Cunningham Thornberry Armey Canady Doyle (TX) Packard Ackerman Brady (PA) Davis (FL) Thune Baca Cannon Dreier Aderholt Brady (TX) Davis (IL) Jefferson Pallone Thurman Bachus Capps Duncan Allen Brown (FL) Davis (VA) John Pascrell Tiahrt Baird Capuano Dunn Andrews Brown (OH) Deal Johnson, E. B. Pastor Tierney Baker Cardin Ehlers Archer Bryant DeFazio Johnson, Sam Paul Toomey Baldacci Carson Ehrlich Armey Burr DeGette Jones (NC) Payne Towns Baldwin Castle Emerson Baca Burton Delahunt Jones (OH) Pease Traficant Ballenger Chabot Engel Bachus Buyer DeLauro Kanjorski Pelosi Turner Barcia Chambliss English Baird Callahan DeLay Kaptur Peterson (MN) Udall (CO) Barr Chenoweth-Hage Eshoo Baker Calvert DeMint Kasich Peterson (PA) Udall (NM) Barrett (NE) Clay Etheridge Baldacci Camp Deutsch Kelly Petri Upton Barrett (WI) Clayton Evans Baldwin Campbell Diaz-Balart Kennedy Phelps Velazquez Bartlett Clement Everett Ballenger Canady Dickey Kildee Pickering Visclosky Bass Clyburn Farr Barcia Cannon Dicks Kilpatrick Pickett Vitter Bateman Coble Fattah Barr Capps Dingell Kind (WI) Pitts Walden Becerra Collins Filner Barrett (NE) Capuano Dixon King (NY) Pombo Walsh Bentsen Combest Fletcher Barrett (WI) Cardin Doggett Kingston Pomeroy Wamp Bereuter Condit Foley Bartlett Carson Dooley Kleczka Porter Waters Berkley Conyers Forbes Bass Castle Doolittle Klink Portman Watkins Berman Cook Ford Bateman Chabot Doyle Knollenberg Price (NC) Watt (NC) Berry Cooksey Fossella Becerra Chambliss Dreier Biggert Costello Fowler Kolbe Pryce (OH) Watts (OK) Bentsen Chenoweth-Hage Duncan Bilirakis Cox Frank (MA) Kucinich Quinn Waxman Bereuter Clay Dunn Bishop Coyne Franks (NJ) Kuykendall Radanovich Weiner Berkley Clayton Ehlers Blagojevich Cramer Frelinghuysen LaHood Rahall Weldon (FL) Berman Clement Ehrlich Bliley Crane Frost Lantos Ramstad Weldon (PA) Berry Clyburn Emerson Blumenauer Crowley Gallegly Largent Rangel Weller Biggert Coble Engel Blunt Cubin Ganske Larson Regula Wexler Bilbray Coburn English Weygand Boehlert Cummings Gejdenson Bilirakis Collins Eshoo Latham Reyes Boehner Cunningham Gekas LaTourette Reynolds Whitfield Bishop Combest Etheridge Wicker Bonilla Davis (FL) Gephardt Blagojevich Condit Evans Lazio Riley Bonior Davis (IL) Gibbons Leach Rivers Wilson Bliley Conyers Everett Wise Bono Davis (VA) Gilchrest Lee Rodriguez Blumenauer Cook Farr Wolf Borski Deal Gillmor Levin Roemer Blunt Cooksey Fattah Woolsey Boswell DeFazio Gonzalez Lewis (CA) Rogan Boehlert Costello Filner Wu Boucher DeGette Goode Lewis (GA) Rogers Boehner Cox Fletcher Wynn Boyd Delahunt Goodlatte Lewis (KY) Rohrabacher Bonilla Coyne Foley Young (AK) Brady (PA) DeLauro Goodling Bonior Cramer Forbes Linder Rothman Young (FL) Brady (TX) DeLay Goss Bono Crane Ford Lipinski Roukema Brown (FL) DeMint Graham Borski Crowley Fossella LoBiondo Roybal-Allard Brown (OH) Deutsch Granger Boswell Cubin Fowler Lofgren Royce Bryant Diaz-Balart Green (TX) Boucher Cummings Frank (MA) Lowey Rush Burr Dickey Green (WI)

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.080 pfrm02 PsN: H25PT1 H6842 CONGRESSIONAL RECORD — HOUSE July 25, 2000 Greenwood McCarthy (NY) Sanders b 1403 eration Desert Shield and Operation Desert Gutierrez McCrery Sandlin Storm; Gutknecht McDermott Sanford So (two-thirds having voted in favor (3) recognizes the growing importance of Sawyer Hall (OH) McGovern thereof) the rules were suspended and the National Guard and Reserve to the secu- Hall (TX) McHugh Saxton the bill, as amended, was passed. Hansen McInnis Scarborough rity of the United States; and Hastings (FL) McIntyre Schaffer The result of the vote was announced (4) supports ensuring the readiness of the Hastings (WA) McKeon Schakowsky as above recorded. National Guard and Reserve. Hayes McKinney Scott A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- Hayworth McNulty Sensenbrenner Hefley Meehan Sessions the table. ant to the rule, the gentleman from In- Herger Meek (FL) Shadegg f diana (Mr. BUYER) and the gentleman Hill (IN) Meeks (NY) Shaw from Hawaii (Mr. ABERCROMBIE) each REPORT ON H.R. 4942, DISTRICT OF Hill (MT) Metcalf Shays will control 20 minutes. Hilleary Mica Sherman COLUMBIA APPROPRIATIONS The Chair recognizes the gentleman Hilliard Millender- Sherwood ACT, 2001 Hinchey McDonald Shimkus from Indiana (Mr. BUYER). Hinojosa Miller (FL) Shows Mr. ISTOOK, from the Committee on GENERAL LEAVE Hobson Miller, Gary Shuster Appropriations, submitted a privileged Hoeffel Miller, George Simpson Mr. BUYER. Mr. Speaker, I ask Hoekstra Minge Sisisky report (Rept. No. 106–786) on the bill unanimous consent that all Members Holden Mink Skeen (H.R. 4942) making appropriations for may have 5 legislative days within Holt Mollohan Skelton the government of the District of Co- which to revise and extend their re- Hooley Moore Slaughter Horn Moran (KS) Smith (MI) lumbia and other activities chargeable marks on H. Res. 549. Hostettler Moran (VA) Smith (NJ) in whole or in part against revenues of The SPEAKER pro tempore. Is there Houghton Morella Smith (TX) said District for the fiscal year ending objection to the request of the gen- Hoyer Murtha Snyder September 30, 2001, and for other pur- tleman from Indiana? Hulshof Myrick Souder Hunter Nadler Spence poses, which was referred to the Union There was no objection. Hutchinson Napolitano Spratt Calendar and ordered to be printed. Mr. BUYER. Mr. Speaker, I yield my- Hyde Neal Stabenow The SPEAKER pro tempore (Mr. self such time as I may consume. Inslee Nethercutt Stark SIMPSON). All points of order are re- Mr. Speaker, by adopting this resolu- Isakson Ney Stearns Istook Northup Stenholm served on the bill. tion today, we have an opportunity to Jackson (IL) Norwood Strickland f recognize a pivotal event in the mili- Jackson-Lee Nussle Stump tary history of the United States. This (TX) Oberstar Stupak RECOGNIZING HISTORICAL SIG- August marks the 10th anniversary of Jefferson Obey Sununu NIFICANCE OF 10TH ANNIVER- John Olver Sweeney the executive order signed by President Johnson (CT) Ortiz Talent SARY OF INITIAL ACTIVATION Bush to call up the National Guard and Johnson, E. B. Ose Tancredo OF NATIONAL GUARD AND RE- the Reserve components in support of Johnson, Sam Owens Tanner SERVE PERSONNEL FOR OPER- Operation Desert Shield. Jones (NC) Oxley Tauscher ATION DESERT SHIELD AND OP- Jones (OH) Packard Tauzin Mr. Speaker, the initial order was Kanjorski Pallone Taylor (MS) ERATION DESERT STORM modest. Just 48,800 personnel were Kaptur Pascrell Taylor (NC) Mr. BUYER. Mr. Speaker, I move to called to serve. But later that fall, fol- Kelly Pastor Terry Kennedy Paul Thomas suspend the rules and agree to the reso- lowing the decision to pursue an offen- Kildee Payne Thompson (CA) lution (H. Res. 549) recognizing the his- sive option, the activation order was Kilpatrick Pease Thompson (MS) torical significance of the 10th anniver- expanded to an additional 188,000 Kind (WI) Pelosi Thornberry guardsmen and reservists. King (NY) Peterson (MN) Thune sary of the initial activation of Na- Kingston Peterson (PA) Thurman tional Guard and Reserve personnel for Mr. Speaker, it is during that later Kleczka Petri Tiahrt Operation Desert Shield and Operation activation that I was also called to ac- Klink Phelps Tierney Desert Storm and expressing support tive duty. Like many of my colleagues, Knollenberg Pickering Toomey I had just 3 days’ notice to report to Kolbe Pickett Towns for ensuring the readiness of the Na- Kucinich Pitts Traficant tional Guard and Reserve. active duty. Did activation entail Kuykendall Pombo Turner The Clerk read as follows: many difficult personal and business LaFalce Pomeroy Udall (CO) decisions? Obviously. But I, along with LaHood Porter Udall (NM) H. RES. 549 Lantos Portman Upton Whereas August 27, 2000, is the 10th anni- thousands of others who have come be- Largent Price (NC) Velazquez versary of the initial activation of National fore me. Larson Pryce (OH) Visclosky Guard and Reserve personnel for Operation I, along with those thousands of oth- Latham Quinn Vitter ers, were ready to make necessary sac- LaTourette Radanovich Walden Desert Shield and Operation Desert Storm, Lazio Rahall Walsh the operations of the United States Armed rifices to meet the challenges of acti- Leach Ramstad Wamp Forces conducted as a consequence of the in- vation. I later served as an operational Lee Rangel Waters vasion of Kuwait by Iraq; law judge advocate providing legal ad- Levin Regula Watt (NC) Whereas over 267,000 members of the Na- Lewis (CA) Reyes Watts (OK) vice to forward-deployed Army combat tional Guard and Reserve were ordered to ac- service support units operating within Lewis (GA) Reynolds Waxman tive duty during Operation Desert Shield and Lewis (KY) Riley Weiner Operation Desert Storm; the Persian Gulf theater of operations Linder Rivers Weldon (FL) in Saudi Arabia, Iraq, and Kuwait. Lipinski Rodriguez Weldon (PA) Whereas 106,000 of these members served in LoBiondo Roemer Weller the Southwest Asia theater of operations, During my tenure in the Gulf, reserv- Lofgren Rogan Wexler 16,000 served in a support capacity abroad ists and guardsmen quickly Lowey Rogers Weygand outside the theater of operations, and 145,000 transitioned to the demands of their Lucas (KY) Rohrabacher Whitfield served in a support capacity in the United full-time military service. The active Lucas (OK) Rothman Wicker States; Wilson duty units quickly integrated us as Luther Roukema Whereas 57 members of the National Guard Maloney (CT) Roybal-Allard Wise part of the team. In a short time, they and Reserve lost their lives in the service of Maloney (NY) Royce Wolf could not tell the difference between Manzullo Rush Woolsey the Nation in Operation Desert Storm; and Markey Ryan (WI) Wu Whereas the majority of these members the Reserve from the active units. By Martinez Ryun (KS) Wynn lost their lives in a missile attack on the any measure, reservists and guardsmen Mascara Sabo Young (AK) United States Army barracks at Dhahran, performed extremely well completing Matsui Salmon Young (FL) Saudi Arabia: Now, therefore, be it vital missions and bringing critical McCarthy (MO) Sanchez Resolved, That the House of Representa- and, in some cases, unique skills to the tives— NOT VOTING—20 fight. (1) recognizes the historical significance of Barton Gordon Moakley Mr. Speaker, the Persian Gulf call-up the 10th anniversary of the initial activation was large. When the activation orders Bilbray Jenkins Ros-Lehtinen of National Guard and Reserve personnel for Coburn Kasich Serrano Operation Desert Shield and Operation were finished, Operation Desert Shield Danner Lampson Smith (WA) and Desert Storm required the largest Edwards McCollum Vento Desert Storm; Ewing McIntosh Watkins (2) honors the service and sacrifice of these mobilization and deployment of Re- Gilman Menendez citizen soldiers and their families during Op- serve component forces in the post-

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.020 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6843 World War II period. Seldom in our Na- eration Desert Storm and Operation Desert National Guard Association of the tion’s history have we touched the Shield were not bloodless. Fifty-seven mem- United States. lives of so many to pursue our national bers of the National Guard and Reserves lost Mr. Speaker, a little over 10 years security objectives. their lives in service. As we recognize the 10th ago, Iraqi dictator Saddam Hussein in- There are many reasons to celebrate anniversary of the contributions of the National vaded Kuwait without provocation. Mr. the Persian Gulf call-up. Our Reserve Guard and Reserve to Operation Desert Storm Wade, a chief warrant officer in the forces were ready. Their performance and Operation Desert Shield, let us also re- United States Naval Reserve, was one was extremely effective. The call-up member and honor those who paid the ulti- of the 267,000 Guard and Reservists who was a massive demonstration of na- mate sacrifice to protect our nation. answered President Bush’s call on Au- tional resolve. These are all achieve- From enforcing the no-fly zone over North- gust 27, 1990, to draw a line in the sand ments worthy of recognition, but they ern Iraq to supporting activities of Southern and defend Saudi Arabia from further are not what made the Persian Gulf Watch, Guard and Reservists continue to sup- Iraqi aggression. Reserve call-up a pivotal event in port military operations in Southwest Asia. When called upon, the Guard and Re- United States military history. They With 47 percent of the Army's combat support serves were a part of the overall force are not the reasons why this resolution service units in the Reserves, the Guard and that liberated Kuwait in Operation is so important. Reserves are increasingly becoming vital to Desert Storm. The decision to send our The Reserve call-up in the Persian the security of our country. sons and daughters into harm’s way Gulf was a pivotal event because it As President Clinton recently said, the ``re- was probably the most important deci- marked the first time since World War serves are essential to America's military sion President Bush ever had to make. II that the active duty forces could not strength; they are part of the total force we I know because I was one of the origi- have accomplished the mission without bring to bear whenever our men and women nal cosponsors of the resolution to give the support of Reserve and Guard in uniform are called to action.'' In the years the congressional authorization to use forces. The call-up marked a new era in following the activation for the Desert Shield force to expel the Iraqis from Kuwait, a the security of our Nation. and Desert Storm the country has called upon decision no one took lightly. After the Persian Gulf War, we can its Reservists repeatedly. This decision is even more difficult no longer view the Reserves as back-up In Haiti we called some 8,000 to active duty. when we call upon the Guard and Re- forces. They have to be ready and en- For peacekeeping operations in Bosnia, we serves, units comprised not of career gaged in the conflict from day one if, in have called over 19,000 to date, and with vol- soldiers, Mr. Speaker, but our next- fact, we are to be successful on the fu- unteers, we have cycled over 32,000 Guard door neighbors. ture battlefield. The Persian Gulf War was proof that and Reserve members through Bosnia. Of the 267,000 Guard and Reservists Mr. Speaker, we will continue to call upon our Reserve forces cannot be viewed as called to duty, 106,000 served in the them. The bottom line is that today we simply low priority units for manpower, equip- Southwest Asia theater of operations, cannot undertake sustained operations any- ment, and funding. That is a luxury which includes the Middle East. Six- where in the world without the Guard and Re- that we cannot afford. teen thousand served in a support ca- The relationship today is seamless. serve. pacity out of U.S. bases in Europe. And I commend the gentleman from Cali- Let me pay tribute to the 267,000 Guard 145,000 served in a support capacity fornia for authoring the important res- and Reservists who served during Operations here at home in the United States. olution. House Resolution 549 is a re- Desert Shield and Desert Storm as we recog- Mr. Speaker, 57 men and women Re- minder to all of us today and to all nize the 10th anniversary of their activation, servists and Guardsmen did not come leaders in the Pentagon and to the and thank the 1.3 million Ready Reservists home, and this resolution recognizes American people that the Reserve com- who are currently serving for their dedication their sacrifice. ponents are critical to the defense of and sacrifice. As this resolution states, a majority this Nation and we must support our Mr. BUYER. Mr. Speaker, I yield 5 of our Guard and Reservists who died Reserves if we hope to be victorious in minutes to the gentleman from Cali- did so in the Scud missile attack on the future. fornia (Mr. GALLEGLY). the military barracks in Dharhan, I urge my colleagues to adopt this Mr. GALLEGLY. Mr. Speaker, I Saudi Arabia. This was the largest loss resolution. thank the gentleman for yielding me of life in a single day for the United Mr. Speaker, I reserve the balance of the time. States during the war. my time. Mr. Speaker, I want to also thank my Their sacrifice was not in vain. In a Mr. ABERCROMBIE. Mr. Speaker, I good friend the gentleman from Hawaii mere 40 days after Desert Storm began, yield myself such time as I may con- (Mr. ABERCROMBIE) for his opening Iraq’s army was expelled from Kuwait. sume. statement. Thanks to the gentleman The Guard and Reserves were an inte- Mr. Speaker, I want to thank the from South Carolina (Chairman gral part of that triumph. gentleman from Indiana (Mr. BUYER) SPENCE) and also thanks to our major- Mr. Speaker, I believe this is appro- for his opening statement and for his ity leader the gentleman from Texas priate now, 10 years later, to take a sponsorship, as well. (Mr. ARMEY) for their help in bringing moment and remember and reflect on As he indicated, Mr. Speaker, I rise H. Res. 549 to the floor today. the courage and sacrifice of these vet- in support of H. Res. 549 introduced by I would also like to thank my con- erans made along with their families. my colleagues the gentleman from stituent, Mr. Carl Wade of Ventura, And I say, ‘‘families,’’ because we al- California (Mr. GALLEGLY), whom I am who first brought the idea of a congres- ways have to remember that when we very happy to see on the floor today, sional resolution for this historic anni- send these men and women away, their and the co-chair of the Reserve and versary to my attention. loved ones sacrifice for their country Guard Caucus the gentleman from Mis- Mr. Speaker, I introduced H. Res. 549 as well. sissippi (Mr. TAYLOR), who is also with with the gentleman from Mississippi It is also time to recognize that the us, which recognizes the 10th anniver- (Mr. TAYLOR) to recognize the histor- Reserves are being called upon to serve sary of the National Guard and Re- ical significance of August 27, 2000, as in even more hot spots as peacekeepers serves in Operation Desert Storm and the 10th anniversary of President Bush and peace enforcers. Desert Shield. calling up the Guard and Reserves to b 1415 H. Res. 549 acknowledges the contribution active duty for Operation Desert of the more than 267,000 members of the Na- Shield. Currently, over 8,000 Guard and Re- tional Guard and Reserves that were ordered This resolution also pays tribute to servists are serving around the world to active duty to serve or support operations. the service of the Guard and Reserves in places such as Bosnia, Kosovo, Their activation and participation In Operation in Operation Desert Storm and reaf- South Korea, Macedonia, Kuwait, Desert Shield and Operation Desert Storm firms congressional commitment to en- Saudi Arabia, and Colombia, to name was a historic chapter in our nation's effort to sure the readiness of this vital compo- just a few. I am asking this Congress to achieve a total integrated force. nent of our national security. stand with me today and not only rec- Although the United States and its allied The measure has 53 bipartisan co- ognize the service of the Guard and Re- forces overwhelmed the Iraqi opposition, Op- sponsors and the endorsement of the serves in the past but to also reaffirm

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.086 pfrm02 PsN: H25PT1 H6844 CONGRESSIONAL RECORD — HOUSE July 25, 2000 our commitment to ensure that we Mr. Speaker, I thank the gentleman Missouri (Mr. SKELTON), the ranking give these troops the best training and for introducing this measure and join member of the Committee on Armed equipment we can provide. We must en- him in honoring our National Guard. Services. sure the readiness of the Reserves. Mr. BUYER. Mr. Speaker, I yield 21⁄2 Mr. SKELTON. Mr. Speaker, I thank Mr. ABERCROMBIE. Mr. Speaker, I minutes to the gentleman from Nevada the gentleman from Hawaii (Mr. ABER- yield 3 minutes to the gentleman from (Mr. GIBBONS), who was also called up CROMBIE), the ranking member of the Maryland (Mr. HOYER). during the Persian Gulf War, a colonel Subcommittee on Military Personnel, Mr. HOYER. I thank the gentleman in the Air National Guard. who does such a marvelous job in sup- for yielding me this time. Mr. GIBBONS. I thank the gentleman porting the men and women in uni- Mr. Speaker, I remember being in the from Indiana (Mr. BUYER) for allowing form, both active duty, Guard and Re- leadership of this House when in early me the time in which to speak. serve, for yielding this time to me. August 1990 Saddam Hussein deter- Mr. Speaker, I rise in strong support Mr. Speaker, I think it is fitting that mined to go into Kuwait. I remember of H. Res. 549. It was just 10 years ago the gentleman from Indiana (Mr. shortly thereafter President Bush that our Nation was on the brink of its BUYER) is handling this bill on his side called a meeting down at the Executive largest military engagement since of the aisle, because I compliment him Office Building and there were literally Vietnam, with 600,000 men and women for his role that he played as a Reserv- probably 60 of us in the meeting room, joined in an allied force facing the ist in the United States Army; and I at which time President Bush set be- world’s sixth largest army in the Iraqi certainly thank him for his dedication fore us what had happened, what the forces. President Bush declared then then as well as for his hard work and challenge was and his intent. I was that it was our intention to halt Iraqi dedication now. I also would be remiss proud then and remain proud today aggression and said that he would draw if I did not mention the gentleman that, to a person, everybody, Democrat a line in the sand. Unfortunately, how- from Nevada (Mr. GIBBONS) on the role and Republican, went out of that room ever, in this world of ours, words alone that he played in Desert Storm. and said we are going to support the could not thwart the will of one such Today I rise in strong support of this President in confronting this aggres- individual, Saddam Hussein. resolution introduced by the gen- sion. And, in fact, that is what oc- In order to defend that line and to de- tleman from California (Mr. curred. fend the rule of law, President Bush GALLEGLY). The inclusion of the Na- Mr. Speaker, I rise in strong support called forth our Nation’s military tional Guard and Reserves during Oper- of this particular resolution, because forces. Our Nation’s full-time defenders ations Desert Storm and Desert Shield although it was easy for us to sit in of freedom, our active duty troops, set the standard for today’s total force that room and say yes, we will con- were bolstered and enhanced by the integration policy. The superior per- front aggression, in the final analysis modern version of the historic Minute- formance of our Guard and Reserves it is the individuals in uniform who men, that is, our National Guard and and our outstanding active duty force take on that responsibility to confront Reserve forces. aggression in the trenches, in the field, led to the overwhelming defeat of the 106,000 of these citizen soldiers left in the air and on the sea. It is those, Iraqi forces. The resolution before the their families, left their homes and left young people for the most part, who House commends the 267,000 men and their civilian jobs to join the total show the courage and conviction to let women in the Guard and Reserves for force in the Southwest Asia theater of aggressors of the world know that the their service and their dedication to operations. As a Nevada Air National United States is prepared to confront this Nation, and it honors the ultimate Guardsman, it was my duty and my them. sacrifice of 57 Guard and Reservists Operation Desert Storm was the larg- honor to serve with my neighbors who lost their lives in service to our est United States military deployment under the strong leadership of Sec- great Nation. since the Vietnam War. Our National retary of Defense Dick Cheney and Nearly 10 years after the operations Guard played a role that was very im- General Colin Powell in both Desert known as Desert Shield and Desert portant to the success of that mission Shield and Desert Storm. Storm, Guard and Reserve personnel to end Iraq’s invasion of Kuwait. This All told, Mr. Speaker, a total of continue their outstanding service in resolution honors appropriately those 267,000 Guardsmen and Reservists were Southwest Asia. Air National Guard who served in that conflict and the sac- ordered to active duty at home and units continue to support our efforts to rifice they made for their country. abroad. The only reason that there was enforce the no-fly zone in Northern The National Guard consists of ordi- such seamless integration of this total Iraq, while Army Guard units continue nary citizens who are also volunteer force was the recognition of the impor- to support the Southern Watch in soldiers devoted to defending Amer- tance of our citizen soldiers to the suc- Southwest Asia. ica’s freedom. Since the phaseout of cess of the whole operation. Today we have over 1.3 million indi- the draft in 1973, our military forces Ten years ago, congressional, execu- viduals in the Ready Reserves who have had to depend on a smaller volun- tive, and local support for the Guard have volunteered to protect and defend teer force, one that has become more and Reserve forces produced a profes- our country. It is because of the sophisticated, more educated, and more sional force, a force that gained a achievements of the Guard and Reserv- technologically advanced. Making up quick and overwhelming victory in the ists who served in Operations Desert an increasing share of our military Persian Gulf. Such support must be Shield and Desert Storm that the 49th force is a group of well-trained, well- maintained to ensure our ability to do Armored Division of the Texas Na- educated and technologically savvy so again if ever called. tional Guard is today in Bosnia and citizens who are also some of our best Finally, Mr. Speaker, in this time of Herzegovina. For the first time, a Na- soldiers. We know them as the Na- so-called surgical strikes and precision tional Guard unit has responsibility for tional Guard. The Army National warfare, we must remember that there the command and control of the Multi- Guard has units in 2,700 communities was nothing surgical and nothing pre- national Division-North Task Force in all 50 States, the District of Colum- cise for the 57 members of the National Eagle. bia, Guam, Puerto Rico, and the Virgin Guard and Reserve who lost their lives Let us honor the men and women of Islands. The Air National Guard has 88 during Desert Storm. These men and the National Guard and Reserves who flying units at more than 170 installa- women made the ultimate sacrifice in served with such great distinction in tions nationwide. service to their Nation, to their States, Desert Shield and in Desert Storm as Over 267,000 men and women were and to their fellow citizens. Let us rec- we recognize the 10th anniversary of called to active duty during Operation ognize their heroism and the strength their initial activation. Desert Storm, each playing a vital role they represent, the strength of our citi- Mr. BUYER. Mr. Speaker, I yield 2 in ending Iraq’s invasion of Kuwait. I zens, our soldiers, our Minutemen. As minutes to the gentleman from Penn- join all of my colleagues in recognizing President Bush so eloquently said, sylvania (Mr. GEKAS). this 10th anniversary of this event to these are Americans at their finest. (Mr. GEKAS asked and was given honor those who served and those 57 in- Mr. ABERCROMBIE. Mr. Speaker, I permission to revise and extend his re- dividuals who lost their lives. yield 3 minutes to the gentleman from marks.)

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.092 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6845 Mr. GEKAS. I thank the gentleman the heroism and honoring the families We should never forget that lesson. for yielding this time to me. and loved ones that they left behind. There should never ever be another Mr. Speaker, it has been mentioned In closing, I am grateful for this op- conflict involving the United States of that 267,000 people served in the Na- portunity to pay tribute to these brave America where the Guardsmen and the tional Guard and Reserves during the Americans. Their country, and I, thank Reservists are not involved, because conflict. Of those I am proud to say, them from the bottom of our hearts. they are the ones that saw to it that it 11,000 came from Pennsylvania of the Mr. Speaker, I urge my colleagues to was every American’s war, and that is various units that served over there. I support H. Res. 549. the only way for America to get in- note that the gentleman from Pennsyl- Mr. ABERCROMBIE. Mr. Speaker, I volved. Either it is all of our war or vania, my colleague, is ready to give yield such time as he may consume to none of our war. testimony to the special contribution the gentleman from Mississippi (Mr. Mr. BUYER. Mr. Speaker, I yield my- that the individuals from his area TAYLOR), one of the cosponsors of the self such time as I may consume. made in this conflict, and I will not resolution. Mr. Speaker, I would like to com- touch upon that at this moment; but I b 1430 pliment and thank the last speaker, will also mention that other units from Mr. TAYLOR of Mississippi. Mr. the gentleman from Mississippi (Mr. other parts of Pennsylvania partici- Speaker, in addition to the many anec- TAYLOR). We work cooperatively to- pated, as they have in every conflict in dotes of the wonderful job the Guard gether as we cochair the Guard and Re- the 20th century. From Harrisburg, my and Reserve did when called up for serve Caucus here in the House. He is a hometown, an Army Reserve hospital Desert Shield and Desert Storm, I valued member of the House Com- unit was called and served, an Air Na- think there are two facts that history mittee on Armed Services. tional Guard unit, and from the neigh- will eventually bear out. Number one It is reflecting on his comments, and boring city of Lebanon, also in my dis- was the very personal relationship of I agree wholeheartedly with him, that trict, two National Guard units also then Congressman Sonny Montgomery no country, no aggressor should ever served in this conflict. with then President George Bush. test the resolve and the character of They are our citizen soldiers, our Before there was a National Guard our Nation. neighbors. We are all proud of them in and Reserve Caucus of many, there was I suppose that they were reflecting their everyday and weekend warrioring a National Guard and Reserve Caucus upon the Vietnam experience and that they do in our own communities. of one, that was Sonny Montgomery. whether or not we actually would rise But when a conflict like this occurs, Sonny and President Bush had come to together and fight. So it makes me and we hope it never reoccurs, the Congress as freshmen together. George think about the Vietnam veteran. spotlight goes on their day-by-day de- Bush went on to become the President Often when we think of the Gulf War votion to duty and day-by-day devotion of the United States, and it was that and its successes, I pay significant to tradition that brings the best out in friendship that allowed then ranking compliment to their contribution and all Americans. member, the then senior member of the leadership, because when we arrived in When the final chapters are written Committee on Armed Services, to call theater, one of the quick words was, on the Middle East and the conflicts the President to tell him of the impor- when is the rotation? And the Vietnam that we have undergone there, these in- tance of bringing up the Guard and Re- leader said there is no such thing as ro- dividuals from Desert Shield and serve for all the military needs of our tation, it is called duration. We are Desert Storm will have the highest country. going to be here for the duration; and honors. Although the families of the Reserv- when we get it done, then you get to go Mr. ABERCROMBIE. Mr. Speaker, I ists, and I was a Congressman then, home. yield 3 minutes to the gentleman from and I can tell my colleagues that the I think what they brought to the bat- Pennsylvania (Mr. MASCARA) who, as families of the Reservists were hesitant tlefield was how not to do it. I also has been mentioned, has particular rea- to send their loved ones away, the re- think of the complements of the mili- son to speak today. markable transformation that they tary buildup of the 1980s. Iraq was very Mr. MASCARA. I thank the gen- brought to our Nation should never go foolish to hit us at that time. I also tleman from Hawaii for yielding me unnoticed, because when the Guards- think today about my first reaction this time. men and Reservists were called up, un- when this resolution was brought up, Mr. Speaker, I rise in strong support like the Vietnam War, which is way whether the House should pay signifi- of H. Res. 549, a resolution recognizing too often thought of as that poor draft- cance to the contribution of Guard and the historical significance of the 10th ees war, that kid-from-across-the-town Reserve as if we also should not include anniversary of the activation of the war, somebody else’s war, when the the active counterpart, because on the National Guard and Reserve personnel Guardsmen and Reservists were called desert sands, we were one team. in Operation Desert Storm. to active duty, it suddenly became my Then I began to think that, perhaps, My district was deeply affected by brother’s war, my father’s war, my un- we do need the added recognition of the the events in the Middle East. The 14th cle’s war, my sister’s war, my cousin’s contribution, because the Guardsmen Quartermaster Detachment of Greens- war. and Reservists that serve in the com- burg, Pennsylvania, located in my dis- It suddenly became everybody’s war. munities all across the Nation are, in trict, was stationed in military hous- I would hope that that lesson is never fact, twice the citizen. They are three ing attacked by Iraqi Scud missiles on lost on this Nation that in addition to times and four times the citizen. They February 25, 1991. Thirteen members of the great job that they did militarily, go about their duties, balancing their the detachment were killed in this bar- the C–141 outfit out of Jackson, Mis- lives with their homes and their fami- barous attack. Our community is still sissippi, I being told by the com- lies, the religious practices, civic re- suffering the consequences of that at- manding officer at McGuire Air Force sponsibilities; and on top of that, they tack; and while time has healed in part Base at midnight, long after the war take an oath to lay down their life to the wounds, I do not think we will ever was over, who came to meet me just to fight and die for this country. I think be able to return to normalcy. brag on that unit; the 3 hours that then that is worthy of extra recognition. The stories of my constituents are General Calvano spent with me on July Mr. Speaker, of the 57 Guardsmen not unique. Thousands of Americans 4, I believe of 1991 telling me what a and Reservists that lost their lives in from across the country answered the great job the Guardsmen and Reserv- the Gulf, I want to recognize, in fact, call to serve. All told, 257,000 Guard ists had done on the tarmac at the one of them who was a dear friend of and Reservists were called to active Dharhan Air Force Base in Saudi mine, Lieutenant Laurie Lawton. If duty. Tragically, 57 courageous men Arabia. God had given me the ability and said, and women paid the ultimate sacrifice In addition to everything else, they Steve, one person in your unit will die, by giving their lives in this fight to brought the heart and soul of America you get to choose one person that gets deter Iraqi aggression and to preserve to that conflict, and the heart and soul to stay home, whom would you choose? freedom in that part of the world. I of America said make it quick, make it I would have chosen Laurie Lawton, know my colleagues join me in praising decisive, and bring our people home. because she would have had an impact

VerDate 25-JUL-2000 05:54 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.095 pfrm02 PsN: H25PT1 H6846 CONGRESSIONAL RECORD — HOUSE July 25, 2000 on so many lives in the most positive South Korea, Macedonia, Kuwait, Saudi Ara- SECTION 1. SHORT TITLE. way. bia, and Colombia. This Act may be cited as the ‘‘National Re- She was a remarkable individual who I am honored to have this opportunity to cording Preservation Act of 2000’’. was studying her Ph.D. at Purdue Uni- recognize the service of the guard and re- TITLE I—SOUND RECORDING PRESERVA- versity and was in France at the time. serves in the past, but also to reaffirm my TION BY THE LIBRARY OF CONGRESS She was called up and came back home commitment that we give these troops the Subtitle A—National Recording Registry and then traveled with us as a unit, best training and equipment we can provide to SEC. 101. NATIONAL RECORDING REGISTRY OF and she sat beside me on the plane as ensure their readiness. THE LIBRARY OF CONGRESS. Mr. KUYKENDALL. Mr. Speaker, I rise The Librarian of Congress shall establish we went over to Saudi Arabia. When I the National Recording Registry for the pur- left her, I told her that I would see her today in strong support of H. Res. 549 recog- pose of maintaining and preserving sound re- back in Indiana as I left, and I went off nizing the contributions of our reservists in Op- cordings that are culturally, historically, or to the front. erations Desert Shield and Desert Storm. aesthetically significant. The sad end of that story is I did see We all have stories about where we were SEC. 102. DUTIES OF LIBRARIAN OF CONGRESS. her back in Indiana, and it was at the when the first scud was launched in the Gulf (a) ESTABLISHMENT OF CRITERIA AND PROCE- cemetery. It was the most dramatic War. My memories, however, are of my family DURES.—For purposes of carrying out this moment for me, but it was one that members and friends who were called up to subtitle, the Librarian shall— helped formulate my views and opin- serve their country during this time. Both my (1) establish criteria and procedures under which sound recordings may be included in ions in that I understand personally brother-in-law and sister-in-law were called up, one to serve as an oral surgeon in the Army the National Recording Registry, except that firsthand the tears of so many families no sound recording shall be eligible for inclu- out there who shed them for a loved and the other to serve as a nurse in the Navy. For a time, my wife and I thought we might sion in the National Recording Registry one or a friend that have paid the ulti- until 10 years after the recording’s creation; have to take care of our nieces and nephew mate sacrifice so that we can enjoy the (2) establish procedures under which the because it looked like their parents would be freedoms and liberties of the greatest general public may make recommendations deployed overseas. Fortunately, only one was Nation. to the National Recording Preservation deployed, and he eventually returned from the I want to thank the gentleman from Board established under subtitle C regarding Gulf effort unhurt. So many people were called California for bringing the resolution the inclusion of sound recordings in the Na- up to aid their strategically important effort that tional Recording Registry; and to the floor as we pay significance and during Sunday church service, we were given (3) determine which sound recordings sat- contribution to what occurred 10 years a handout each week listing the names of isfy the criteria established under paragraph ago. those in our church family who had been (1) and select such recordings for inclusion in Mr. Speaker, I yield back the balance called to serve. The names covered both the the National Recording Registry. (b) PUBLICATION OF SOUND RECORDINGS IN of my time. front and back of the weekly hand out. Mr. WATTS of Oklahoma. Mr. Speaker, I THE REGISTRY.—The Librarian shall publish Ten years later, we can look back and cele- in the Federal Register the name of each rise in support of House Resolution 549, ex- brate our accomplishments in Operations pressing the sense of the House that Con- sound recording that is selected for inclusion Desert Shield and Desert Storm. That celebra- in the National Recording Registry. gress acknowledges the historical significance tion appropriately must contain an acknowl- SEC. 103. SEAL OF THE NATIONAL RECORDING of the anniversary of the initial activation of edgments of the reservistsÐthose individuals REGISTRY. National Guard and Reserve personnel for who promised to serve their country and to put (a) IN GENERAL.—The Librarian shall pro- Operation Desert Shield and Operation Desert their personal lives on hold to fulfill that com- vide a seal to indicate that a sound recording Storm. August 27, 2000, is the tenth anniver- mitment. This recognition is a small gesture to has been included in the National Recording sary of President Bush calling up the guard honor their sacrifice. Though small, the ges- Registry and is the Registry version of that and reserves to active duty for Operation ture also stands as a priceless assurance to recording. (b) USE OF SEAL.—The Librarian shall es- Desert Shield. Over 267,000 members of the those who continue to serve their country, as tablish guidelines for approval of the use of National Guard and Reserves were ordered to well as to those who may be called on to ac- the seal provided under subsection (a), and active duty during these Gulf War operations. tive duty in the future. This nation appreciates shall include in the guidelines the following: 106,000 of these members served in the your willingness to serve and will stand behind (1) The seal may only be used on recording Southwest Asia theater of operations, 16,000 you. copies of the Registry version of a sound re- served in a support capacity abroad outside I urge all of my colleagues to support H. cording. the theater of operations, and 145,000 served Res. 549. (2) The seal may be used only after the Li- in a support capacity in the United States. Mr. ABERCROMBIE. Mr. Speaker, I brarian has given approval to those persons This resolution honors the service and sac- yield back the balance of my time. seeking to apply the seal in accordance with The SPEAKER pro tempore (Mr. the guidelines. rifice of these citizen soldiers and their fami- (3) In the case of copyrighted mass distrib- SUNUNU). The question is on the mo- lies. We need to remember that when these uted, broadcast, or published works, only the patriots were called to the colors, the units tion offered by the gentleman from In- copyright legal owner or an authorized li- were not comprised of career soldiers, but of diana (Mr. BUYER) that the House sus- censee of that copyright owner may place or our next door neighbors. Fifty seven of these pend the rules and agree to the resolu- authorize the placement of the seal on any brave men and women reservists and guards- tion, H. Res. 549. recording copy of the Registry version of any men did not come back. The majority who The question was taken; and (two- sound recording that is maintained in the died, did so in the tragic Scud missile attack thirds having voted in favor thereof) National Recording Registry Collection in the rules were suspended and the reso- the Library of Congress. on the military barracks in Dharhan, Saudi (4) Anyone authorized to place the seal on Arabia. This was the largest loss of life in a lution was agreed to. A motion to reconsider was laid on any recording copy of any Registry version single day for the United States during the the table. of a sound recording may accompany such war. Their sacrifice was not in vain. In a mere seal with the following language: ‘‘This forty days after Desert Storm began, Iraq's f sound recording is selected for inclusion in army was expelled from Kuwait. The guard NATIONAL RECORDING the National Recording Registry by the Li- and reserves were an integral part of that re- PRESERVATION ACT OF 2000 brarian of Congress in consultation with the sounding triumph. It is only right that we rec- National Recording Preservation Board of Mr. NEY. Mr. Speaker, I move to sus- the Library of Congress because of its cul- ognize their ultimate sacrifice. pend the rules and pass the bill (H.R. tural, historical, or aesthetic significance.’’. Finally, this bill recognizes the growing im- 4846) to establish the National Record- (c) EFFECTIVE DATE OF THE SEAL.—The use portance of the National Guard and Reserve ing Registry in the Library of Congress of the seal provided under subsection (a) to the security of the United States and sup- to maintain and preserve sound record- with respect to a sound recording shall be ef- ports ensuring the readiness of the National ings that are culturally, historically, fective beginning on the date the Librarian Guard and Reserve. It reaffirms Congressional or aesthetically significant, and for publishes in the Federal Register (in accord- ance with section 102(b)) the name of the re- commitment to ensure the readiness of this other purposes, as amended. vital component of our national security. The cording, as selected for inclusion in the Na- The Clerk read as follows: tional Recording Registry. reserves are being called to serve in even H.R. 4846 (d) PROHIBITED USES OF THE SEAL.— more world hot spots. Currently over 8,000 Be it enacted by the Senate and House of Rep- (1) PROHIBITION ON DISTRIBUTION AND EXHI- guard and reservists are serving around the resentatives of the United States of America in BITION.—No person may knowingly distribute world in places such as Bosnia, Kosovo, Congress assembled, or exhibit to the public a version of a sound

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.097 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6847

recording or any copy of a sound recording (b) CONTENTS OF PROGRAM SPECIFIED.—The Librarian may appoint not more than 5 which bears the seal described in subsection program established under subsection (a) members-at-large. The Librarian shall select (a) if such recording— shall— an alternate for each member-at-large, who (A) is not included in the National Record- (1) coordinate activities to assure that ef- may attend at Board expense those meetings ing Registry; or forts of archivists and copyright owners, and that the member-at-large cannot attend. (B) is included in the National Recording others in the public and private sector, are (c) CHAIR.—The Librarian shall appoint one Registry but has not been approved for use of effective and complementary; member of the Board to serve as Chair. the seal by the Librarian pursuant to the (2) generate public awareness of and sup- (d) TERM OF OFFICE.— guidelines established under subsection (b). port for these activities; (1) TERMS.—The term of each member of (2) PROHIBITION ON PROMOTION.—No person (3) increase accessibility of sound record- the Board shall be 4 years, except that there may knowingly use the seal described in sub- ings for educational purposes; shall be no limit to the number of terms that section (a) to promote any version of a sound (4) undertake studies and investigations of any individual member may serve. recording or recording copy other than a sound recording preservation activities as (2) REMOVAL OF MEMBER OF ORGANIZATION.— Registry version. needed, including the efficacy of new tech- The Librarian shall have the authority to re- (e) REMEDIES FOR VIOLATIONS.— nologies, and recommend solutions to im- move any member of the Board (or, in the (1) JURISDICTION.—The several district prove these practices; and case of a member appointed under subsection courts of the United States shall have juris- (5) utilize the audiovisual conservation (a)(1), the organization that such member diction, for cause shown, to prevent and re- center of the Library of Congress at represents) if the member or organization strain violations of subsection (d). Culpeper, Virginia, to ensure that preserved over any consecutive 2-year period fails to (2) RELIEF.— sound recordings included in the National attend at least one regularly scheduled (A) REMOVAL OF SEAL.—Except as provided Recording Registry are stored in a proper Board meeting. in subparagraph (B), relief for violation of manner and disseminated to researchers, (3) VACANCIES.—A vacancy in the Board subsection (d) shall be limited to the re- scholars, and the public as may be appro- shall be filled in the manner in which the moval of the seal from the sound recording priate in accordance with title 17, United original appointment was made under sub- involved in the violation. States Code, and the terms of any agree- section (a), except that the Librarian may (B) FINE AND INJUNCTIVE RELIEF.—In the ments between the Librarian and persons fill the vacancy from a list of candidates pre- case of a pattern or practice of the willful who hold copyrights to such recordings. viously submitted by the organization or or- violation of subsection (d), the court may SEC. 112. PROMOTING ACCESSIBILITY AND PUB- ganizations involved. Any member appointed order a civil fine of not more than $10,000 and LIC AWARENESS OF SOUND RECORD- to fill a vacancy shall be appointed for the INGS. appropriate injunctive relief. remainder of the term of the member’s pred- The Librarian shall carry out activities to IMITATION OF REMEDIES.—The remedies ecessor. (3) L make sound recordings included in the Na- SEC. 123. SERVICE OF MEMBERS; MEETINGS. provided in this subsection shall be the ex- tional Recording Registry more broadly ac- (a) REIMBURSEMENT OF EXPENSES.—Mem- clusive remedies under this title, or any cessible for research and educational pur- other Federal or State law, regarding the use bers of the Board shall serve without pay, poses and to generate public awareness and but may receive travel expenses, including of the seal described in subsection (a). support of the Registry and the comprehen- per diem in lieu of subsistence, in accordance SEC. 104. NATIONAL RECORDING REGISTRY COL- sive national sound recording preservation with sections 5702 and 5703 of title 5, United LECTION OF THE LIBRARY OF CON- program established under this subtitle. GRESS. States Code. Subtitle C—National Recording Preservation (a) IN GENERAL.—All copies of sound re- (b) CONFLICT OF INTEREST.—The Librarian Board cordings on the National Recording Registry shall establish rules and procedures to ad- that are received by the Librarian under sub- SEC. 121. ESTABLISHMENT. dress any potential conflict of interest be- section (b) shall be maintained in the Li- The Librarian shall establish in the Li- tween a member of the Board and respon- brary of Congress and be known as the ‘‘Na- brary of Congress a National Recording Pres- sibilities of the Board. tional Recording Registry Collection of the ervation Board whose members shall be se- (c) MEETINGS.—The Board shall meet at Library of Congress’’. The Librarian shall by lected in accordance with the procedures de- least once each fiscal year. Meetings shall be at the call of the Librarian. regulation and in accordance with title 17, scribed in section 122. (d) QUORUM.—11 members of the Board United States Code, provide for reasonable SEC. 122. APPOINTMENT OF MEMBERS. (a) SELECTIONS FROM LISTS SUBMITTED BY shall constitute a quorum for the trans- access to the sound recordings and other ma- action of business. terials in such collection for scholarly and ORGANIZATIONS.— SEC. 124. RESPONSIBILITIES OF BOARD. research purposes. (1) IN GENERAL.—The Librarian shall re- quest each organization described in para- (a) REVIEW AND RECOMMENDATION OF NOMI- (b) ACQUISITION OF QUALITY COPIES.— graph (2) to submit a list of 3 candidates NATIONS FOR NATIONAL RECORDING REG- (1) IN GENERAL.—The Librarian shall seek ISTRY.— to obtain, by gift from the owner, a quality qualified to serve as a member of the Board. (1) IN GENERAL.—The Board shall review copy of the Registry version of each sound The Librarian shall appoint one member nominations of sound recordings submitted recording included in the National Recording from each such list, and shall designate from that list an alternate who may attend at to it for inclusion in the National Recording Registry. Board expense those meetings which the in- Registry and advise the Librarian, as pro- (2) LIMIT ON NUMBER OF COPIES.—Not more dividual appointed to the Board cannot at- vided in subtitle A, with respect to the inclu- than one copy of the same version or take of tend. sion of such recordings in the Registry and any sound recording may be preserved in the (2) ORGANIZATIONS DESCRIBED.—The organi- the preservation of these and other sound re- National Recording Registry. Nothing in the zations described in this paragraph are as cordings that are culturally, historically, or preceding sentence may be construed to pro- follows: aesthetically significant. hibit the Librarian from making or distrib- (A) National Academy of Recording Arts (2) SOURCE OF NOMINATIONS.—The Board uting copies of sound recordings included in and Sciences (NARAS). shall consider for inclusion in the National the Registry for purposes of carrying out (B) Recording Industry Association of Recording Registry nominations submitted this Act. America (RIAA). by the general public as well as representa- (c) PROPERTY OF UNITED STATES.—All cop- (C) Association for Recorded Sound Collec- tives of sound recording archives and the ies of sound recordings on the National Re- tions (ARSC). sound recording industry (such as the guilds cording Registry that are received by the Li- (D) American Society of Composers, Au- and societies representing sound recording brarian under subsection (b) shall become thors and Publishers (ASCAP). artists) and other creative artists. the property of the United States Govern- (E) Broadcast Music, Inc. (BMI). (b) STUDY AND REPORT ON SOUND RECORD- ment, subject to the provisions of title 17, (F) Songwriters Association (SESAC). ING PRESERVATION AND RESTORATION.—The United States Code. (G) American Federation of Musicians (AF Board shall conduct a study and issue a re- Subtitle B—National Sound Recording of M). port on the following issues: Preservation Program (H) Music Library Association. (1) The current state of sound recording SEC. 111. ESTABLISHMENT OF PROGRAM BY LI- (I) American Musicological Society. archiving, preservation and restoration ac- BRARIAN OF CONGRESS. (J) National Archives and Record Adminis- tivities. (a) IN GENERAL.—The Librarian shall, after tration. (2) Taking into account the research and consultation with the National Recording (K) National Association of Recording Mer- other activities carried out by or on behalf of Preservation Board established under sub- chandisers (NARM). the National Audio-Visual Conservation Cen- title C, implement a comprehensive national (L) Society for Ethnomusicology. ter at Culpeper, Virginia— sound recording preservation program, in (M) American Folklore Society. (A) the methodology and standards needed conjunction with other sound recording ar- (N) Country Music Foundation. to make the transition from analog ‘‘open chivists, educators and historians, copyright (O) Audio Engineering Society (AES). reel’’ preservation of sound recordings to owners, recording industry representatives, (P) National Academy of Popular Music. digital preservation of sound recordings; and and others involved in activities related to (Q) Digital Media Association (DiMA). (B) standards for access to preserved sound sound recording preservation, and taking (b) OTHER MEMBERS.—In addition to the recordings by researchers, educators, and into account studies conducted by the Board. members appointed under subsection (a), the other interested parties.

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.047 pfrm02 PsN: H25PT1 H6848 CONGRESSIONAL RECORD — HOUSE July 25, 2000 (3) The establishment of clear standards ‘‘CHAPTER 1524—NATIONAL RECORDING established under the bylaws of the corpora- for copying old sound recordings (including PRESERVATION FOUNDATION tion. equipment specifications and equalization ‘‘Sec. ‘‘(e) MEETINGS.—The board shall meet at guidelines). ‘‘152401. Organization. the call of the Librarian for regularly sched- (4) Current laws and restrictions regarding ‘‘152402. Purposes. uled meetings. the use of archives of sound recordings, in- ‘‘152403. Board of directors. ‘‘(f) REIMBURSEMENT OF EXPENSES.—Direc- cluding recommendations for changes in ‘‘152404. Officers and employees. tors shall serve without compensation but such laws and restrictions to enable the Li- ‘‘152405. Powers. may receive travel expenses, including per brary of Congress and other nonprofit insti- ‘‘152406. Principal office. diem in lieu of subsistence, in accordance tutions in the field of sound recording pres- ‘‘152407. Provision and acceptance of support with sections 5702 and 5703 of title 5. ‘‘(g) LIABILITY OF DIRECTORS.—Directors ervation to make their collections available by Librarian of Congress. are not personally liable, except for gross to researchers in a digital format. ‘‘152408. Service of process. negligence. (5) Copyright and other laws applicable to ‘‘152409. Civil action by Attorney General for the preservation of sound recordings. equitable relief. ‘‘§ 152404. Officers and employees ‘‘(a) SECRETARY OF THE BOARD.—(1) The Li- SEC. 125. GENERAL POWERS OF BOARD. ‘‘152410. Immunity of United States Govern- ment. brarian shall appoint a Secretary of the (a) IN GENERAL.—The Board may, for the ‘‘152411. Authorization of appropriations. Board to serve as executive director of the purpose of carrying out its duties, hold such ‘‘152412. Annual report. corporation. The Librarian may remove the hearings, sit and act at such times and Secretary. ‘‘§ 152401. Organization places, take such testimony, and receive ‘‘(2) The Secretary shall be knowledgeable such evidence, as the Librarian and the ‘‘(a) FEDERAL CHARTER.—The National Re- and experienced in matters relating to— Board consider appropriate. cording Preservation Foundation (in this ‘‘(A) sound recording preservation and res- (b) SERVICE ON FOUNDATION.—Two sitting chapter, the ‘‘corporation’’) is a federally toration activities; members of the Board shall be appointed by chartered corporation. ‘‘(B) financial management; and the Librarian and shall serve as members of ‘‘(b) NATURE OF CORPORATION.—The cor- ‘‘(C) fundraising. the board of directors of the National Re- poration is a charitable and nonprofit cor- ‘‘(b) APPOINTMENT OF OFFICERS.—Except as cording Preservation Foundation, in accord- poration and is not an agency or establish- provided in subsection (a) of this section, the ance with section 152403 of title 36, United ment of the United States Government. board of directors appoints, removes, and re- States Code. ‘‘(c) PERPETUAL EXISTENCE.—Except as places officers of the corporation. otherwise provided, the corporation has per- ‘‘(c) APPOINTMENT OF EMPLOYEES.—Except Subtitle D—General Provisions petual existence. as provided in subsection (a) of this section, SEC. 131. DEFINITIONS. ‘‘§ 152402. Purposes the Secretary appoints, removes, and re- places employees of the corporation. As used in this title: ‘‘The purposes of the corporation are to— ‘‘(d) STATUS AND COMPENSATION OF EMPLOY- (1) The term ‘‘Librarian’’ means the Li- ‘‘(1) encourage, accept, and administer pri- EES.—Employees of the corporation (includ- brarian of Congress. vate gifts to promote and ensure the preser- (2) The term ‘‘Board’’ means the National ing the Secretary)— vation and public accessibility of the na- ‘‘(1) are not employees of the Library of Recording Preservation Board. tion’s sound recording heritage held at the (3) The term ‘‘sound recording’’ has the Congress; Library of Congress and other public and ‘‘(2) shall be appointed and removed with- meaning given such term in section 101 of nonprofit archives throughout the United title 17, United States Code. out regard to the provisions of title 5 gov- States; and erning appointments in the competitive (4) The term ‘‘publication’’ has the mean- ‘‘(2) further the goals of the Library of ing given such term in section 101 of title 17, service; and Congress and the National Recording Preser- ‘‘(3) may be paid without regard to chapter United States Code. vation Board in connection with their activi- (5) The term ‘‘Registry version’’ means, 51 and subchapter III of chapter 53 of title 5, ties under the National Recording Preserva- except that an employee may not be paid with respect to a sound recording, the tion Act of 2000. version of a recording first published or of- more than the annual rate of basic pay for fered for mass distribution whether as a pub- ‘‘§ 152403. Board of directors level 15 of the General Schedule under sec- lication or a broadcast, or as complete a ‘‘(a) GENERAL.—The board of directors is tion 5107 of title 5. version as bona fide preservation and res- the governing body of the corporation. ‘‘§ 152405. Powers toration activities by the Librarian, an ar- ‘‘(b) MEMBERS AND APPOINTMENT.—(1) The ‘‘(a) GENERAL.—The corporation may— chivist other than the Librarian, or the Librarian of Congress (hereafter in this chap- ‘‘(1) adopt a constitution and bylaws; copyright legal owner can compile in those ter referred to as the ‘‘Librarian’’) is an ex ‘‘(2) adopt a seal which shall be judicially cases where the original material has been officio nonvoting member of the board. Not noticed; and irretrievably lost or the recording is unpub- later than 90 days after the date of the enact- ‘‘(3) do any other act necessary to carry lished. ment of this chapter, the Librarian shall ap- out this chapter. SEC. 132. STAFF; EXPERTS AND CONSULTANTS. point the directors to the board in accord- ‘‘(b) POWERS AS TRUSTEE.—To carry out its ance with paragraph (2). purposes, the corporation has the usual pow- (a) STAFF.—The Librarian may appoint and ‘‘(2)(A) The board consists of 9 directors. ers of a corporation acting as a trustee in fix the pay of such personnel as the Librar- ‘‘(B) Each director shall be a United States the District of Columbia, including the ian considers appropriate to carry out this citizen. power— title. ‘‘(C) At least 6 directors shall be knowl- ‘‘(1) to accept, receive, solicit, hold, admin- (b) EXPERTS AND CONSULTANTS.—The Li- edgeable or experienced sound in recording ister, and use any gift, devise, or bequest, ei- brarian may, in carrying out this title, pro- production, distribution, preservation, or ther absolutely or in trust, of property or cure temporary and intermittent services restoration, including 2 who are sitting any income from or other interest in prop- under section 3109(b) of title 5, United States members of the National Recording Preser- erty; Code, but at rates for individuals not to ex- vation Board. These 6 directors shall, to the ‘‘(2) to acquire property or an interest in ceed the daily equivalent of the maximum extent practicable, represent diverse points property by purchase or exchange; rate of basic pay payable for level 15 of the of view from the sound recording commu- ‘‘(3) unless otherwise required by an instru- General Schedule. In no case may a member nity. ment of transfer, to sell, donate, lease, in- of the Board (including an alternate mem- ‘‘(3) A director is not an employee of the vest, or otherwise dispose of any property or ber) be paid as an expert or consultant under Library of Congress and appointment to the income from property; this section. board does not constitute appointment as an ‘‘(4) to borrow money and issue instru- SEC. 133. AUTHORIZATION OF APPROPRIATIONS. officer or employee of the United States ments of indebtedness; There are authorized to be appropriated to Government for the purpose of any law of ‘‘(5) to make contracts and other arrange- the Librarian for each of the first 7 fiscal the United States. ments with public agencies and private orga- years beginning on or after the date of the ‘‘(4) The terms of office of the directors are nizations and persons and to make payments enactment of this Act such sums as may be 4 years. An individual may not serve more necessary to carry out its functions; necessary to carry out this title, except that than two consecutive terms. ‘‘(6) to sue and be sued; and the amount authorized for any fiscal year ‘‘(5) A vacancy on the board shall be filled ‘‘(7) to do any other act necessary and may not exceed $250,000. in the manner in which the original appoint- proper to carry out the purposes of the cor- ment was made. poration. TITLE II—NATIONAL RECORDING ‘‘(c) CHAIR.—The Librarian shall appoint ‘‘(c) ENCUMBERED OR RESTRICTED GIFTS.—A PRESERVATION FOUNDATION one of the directors as the initial chair of the gift, devise, or bequest may be accepted by SEC. 201. NATIONAL RECORDING PRESERVATION board for a 2-year term. Thereafter, the chair the corporation even though it is encum- FOUNDATION. shall be appointed and removed in accord- bered, restricted, or subject to beneficial in- (a) IN GENERAL.—Part B of subtitle II of ance with the bylaws of the corporation. terests of private persons, if any current or title 36, United States Code, is amended by ‘‘(d) QUORUM.—The number of directors future interest is for the benefit of the cor- inserting after chapter 1523 the following: constituting a quorum of the board shall be poration.

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.047 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6849 ‘‘§ 152406. Principal office United States Code, is amended by inserting Finally, the third thing it does is a ‘‘The principal office of the corporation after the item relating to chapter 1523 the foundation to provide for the raising of shall be in the District of Columbia. How- following new item: private funds, which we all know is ever, the corporation may conduct business ‘‘1524. National Recording Preser- very important. throughout the States, territories, and pos- vation Foundation ...... 152401’’. These components working together sessions of the United States. The SPEAKER pro tempore. Pursu- will ensure that the American public ‘‘§ 152407. Provision and acceptance of sup- ant to the rule, the gentleman from has access to the benefit of important port by Librarian of Congress Ohio (Mr. NEY) and the gentleman from sound recordings with a minimum of ‘‘(a) PROVISION BY LIBRARIAN.—(1) The Li- Maryland (Mr. HOYER) each will con- public investment. brarian may provide personnel, facilities, trol 20 minutes. Mr. Speaker, I reserve the balance of and other administrative services to the cor- The Chair recognizes the gentleman my time. poration. Administrative services may in- from Ohio (Mr. NEY). Mr. HOYER. Mr. Speaker, I yield my- clude reimbursement of expenses under sec- Mr. NEY. Mr. Speaker, I yield myself tion 152403(f). self such time as I may consume. such time as I may consume. Mr. Speaker, I am pleased to join in ‘‘(2) The corporation shall reimburse the Mr. Speaker, I am here on behalf of support of this legislation. I join the Librarian for support provided under para- the gentleman from California (Chair- graph (1) of this subsection. Amounts reim- gentleman from Ohio (Mr. NEY), my man THOMAS) and the Committee on bursed shall be deposited in the Treasury to friend, who serves with me on the Com- House Administration to bring before the credit of the appropriations then current mittee on House Administration, in my colleagues a bill that is a public- and chargeable for the cost of providing the bringing this bill to the floor. I am not support. private partnership. We help preserve only pleased but honored to support ‘‘(b) ACCEPTANCE BY LIBRARIAN.—The Li- national treasures so that all Ameri- H.R. 4846, the National Recording Pres- brarian may accept, without regard to chap- cans will be able to access them. ters 33 and 51 and subchapter III of chapter 53 The need for this legislation, I be- ervation Act of 2000. of title 5 and related regulations, the serv- lieve, is clear. The physical condition Mr. Speaker, I would like to thank ices of the corporation and its directors, offi- of many of our Nation’s important my colleague, the gentleman from cers, and employees as volunteers in per- sound recordings is at risk due to the California (Mr. THOMAS), the distin- forming functions authorized under this guished chairman of the Committee on chapter, without compensation from the Li- lack of proper restoration and preser- vation. With the National Recording House Administration, for his hard brary of Congress. work helping to get this legislation to ‘‘§ 152408. Service of process Preservation Act of 2000, Congress cre- ates a public-private partnership which the floor today, and of course, as I have ‘‘The corporation shall have a designated already mentioned, the gentleman agent to receive service of process for the shall help ensure that these national treasures are preserved for future use from Ohio (Mr. NEY), my colleague who corporation. Notice to or service on the is also a member of the Committee on agent, or mailed to the business address of and to be enjoyed by researchers, the agent, is notice to or service on the cor- scholars, and the general public at House Administration. poration. large. Mr. Speaker, for over 120 years, more than half the life of our Nation, Amer- ‘‘§ 152409. Civil action by Attorney General The other need for the legislation is for equitable relief that this legislation creates a sound re- ica’s music, news and voice has been ‘‘The Attorney General may bring a civil cording program at the Library of Con- recorded. From ‘‘Mary Had a Little action in the United States District Court gress that will complement the exist- Lamb,’’ the first recorded words, for the District of Columbia for appropriate ing film preservation program and the through Franklin Roosevelt’s fireside equitable relief if the corporation— national audiovisual conservation cen- chats, through today’s legislative de- ‘‘(1) engages or threatens to engage in any ter at Culpeper, Virginia. bates, the history of our great country act, practice, or policy that is inconsistent The Culpeper facility, the film pres- has been broadcast and recorded with the purposes in section 152402 of this ervation program, and now the sound through sound. title; or preservation program are all Unfortunately, Mr. Speaker, every ‘‘(2) refuses, fails, or neglects to carry out day, a piece of this history is lost. The its obligations under this chapter or threat- groundbreaking public-private partner- ens to do so. ships that minimize taxpayers’ invest- sounds of our past, the statesman ap- pealing to our ideals, the singer touch- ‘‘§ 152410. Immunity of United States Govern- ment while still ensuring the preserva- ment tion of some of our greatest American ing our emotions, the poet romancing our souls, are fading. Soon, they will ‘‘The United States Government is not lia- treasures. ble for any debts, defaults, acts, or omissions Mr. Speaker, I would like to thank merely be memories. And once those of the corporation. The full faith and credit the gentleman from Maryland (Mr. memories fade, so, too, will a large por- of the Government does not extend to any HOYER), the ranking member of the tion of our Nation’s history. obligation of the corporation. Committee on House Administration, Today, we have a historic oppor- ‘‘§ 152411. Authorization of appropriations the gentleman from Illinois (Mr. tunity to protect our audio history. ‘‘(a) AUTHORIZATION.—There are authorized HYDE), the chairman of the Committee Modeled on the highly successful Na- to be appropriated to the corporation for on the Judiciary, and the Library of tional Film Preservation Act, which each of the first 7 fiscal years beginning on Congress, interested Members and the Congress enacted in 1988, this bill will or after the date of the enactment of this sound recording industry for working create and implement a comprehensive chapter an amount not to exceed the amount with us to make this legislation pos- national strategy for protecting and of private contributions (whether in cur- sible. Also, of course, the staff of the preserving our sound-recorded herit- rency, services, or property) made to the cor- Committee on House Administration age. poration by private persons and State and local governments. on both sides of the aisle. It establishes a national recording ‘‘(b) LIMITATION RELATED TO ADMINISTRA- In brief, the sound preservation pro- registry in the Library of Congress to TIVE EXPENSES.—Except as permitted under gram has three components, providing identify, maintain, and preserve sound section 152407, amounts authorized under for the creation of, number one, a na- recordings that are culturally and his- this section may not be used by the corpora- tional sound recording registry on torically significant. tion for administrative expenses of the cor- which recordings slated for restoration It further creates a national record- poration, including salaries, travel, transpor- and preservation will be indexed; the ing preservation board to assist the li- tation, and overhead expenses. second is a national sound recording brarian in implementing a comprehen- ‘‘§ 152412. Annual report preservation board, which shall estab- sive national recording preservation ‘‘As soon as practicable after the end of lish preservation protocols, to provide program. And it establishes lastly a each fiscal year, the corporation shall sub- expertise and access to the recordings National Recording Preservation Foun- mit a report to the Librarian for trans- in this collection, and raise private dation, as the gentleman from Ohio mission to Congress on the activities of the funds for the restoration and preserva- (Mr. NEY) has pointed out, to encour- corporation during the prior fiscal year, in- cluding a complete statement of its receipts, tion of selected recordings. Now, the age private gifts to enhance our record- expenditures, and investments.’’. bill does authorize a maximum of ing heritage. (b) CLERICAL AMENDMENT.—The table of $250,000 for the annual operation of the This foundation will create partner- chapters for part B of subtitle II of title 36, board. ships with the recording industry that

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.047 pfrm02 PsN: H25PT1 H6850 CONGRESSIONAL RECORD — HOUSE July 25, 2000 will decrease the costs of preservation Record. Thank your for your cooperation on NPR offers review and information for the Government and increase the this matter. about current events, as well as topical benefits for the people of our Nation. Sincerely, discussions. Unfortunately, these This bill will preserve our past and HENRY J. HYDE, records are on tape which absorb mois- Chairman. give a gift to our future. I am sure that ture from the air. In order to save my colleagues will join with the gen- Mr. Speaker, I reserve the balance of these historical sound documents for my time. tleman from Ohio (Mr. NEY) and me our children, the tape must be baked Mr. HOYER. Mr. Speaker, I yield 4 who enthusiastically support this legis- and recopied. Without this bill, these minutes to the gentlewoman from Mis- lation. historical broadcasts will be lost. souri (Ms. MCCARTHY). Mr. Speaker, I reserve the balance of Mr. Speaker, the Grammy bill ac- my time. Ms. McCARTHY of Missouri. Mr. Speaker, I thank the gentleman from complishes a crucial task; safeguarding Mr. NEY. Mr. Speaker, again, I want precious historical commemorations to thank the gentleman from Maryland Maryland (Mr. HOYER) for yielding me the time. for generations to come. We all con- (Mr. HOYER) for his good work on this cede this protection is in place for our bill and also the gentleman from Cali- Mr. Speaker, I rise today in support of the National Recording Preservation revered paper documents, such as the fornia (Chairman THOMAS). Act of 2000, known affectionately as Declaration of Independence. It is time Mr. Speaker, I include for the to bestow that same honor and respect RECORD the exchange of letters with the Grammy bill. As a member of the Congressional Arts Caucus and the Na- on their audio counterparts. the gentleman from Illinois (Mr. I commend the sponsors for their HYDE), the Chairman of the Committee tional Academy of Recording Arts and Sciences who produced the Grammys, I leadership, and urge my colleagues to on the Judiciary, through which the support H.R. 4846. gentleman agreed to waive the com- am a firm believer in the power of re- corded music. Mr. Speaker, I include the following mittee’s right to mark up this legisla- for the RECORD. tion. The preservation of our audio history is critical to sustain our cultural past TREASURES FROM THE AMERICAN FOLKLIFE CONGRESS OF THE UNITED STATES, for future generations. The Thomas– CENTER HOUSE OF REPRESENTATIVES, COM- Hoyer bill, which I am proud to cospon- (From Peggy Bulger, Director of the MITTEE ON HOUSE ADMINISTRA- American Folklife Center) TION, sor, would establish a national record- Washington, DC, July 18, 2000. ing registry in the Library of Congress All in need of preservation. Hon. HENRY J. HYDE, to preserve recordings that are cul- I. WAX CYLINDER ERA (1890–1930S) Chairman, Committee on the Judiciary, Ray- turally, historically, or aesthetically 1890—First field recording of folk music burn House Office Building, Washington, significant to us as Americans. and folklore, as Harvard’s Jesse Walter DC. Many of these recordings are in jeop- Fewkes uses new Edison recording machine DEAR MR. CHAIRMAN: On July 13, 2000, I in- to document songs and stories of Passama- troduced H.R. 4846, the National Recording ardy because they were originally cre- ated on a type of media such as wax quoddy Indian Noel Joseph in Calais, Maine. Preservation Act of 2000, a bill designed to 1893—First recorded documentation of ensure that important sound recordings are cylinders, Depression-era disks, or wire world music (I think), including Kwakiutl. restored and preserved for the future. In recordings, that have not endured the Fijian Samoan Wallis Island, Javanese, and crafting this legislation, I have worked passage of time well, or require special Turkish/Arabic music, made by Benjamin closely with Rep. Steny Hoyer, the Library apparatus to play that is rare or no Ives Gilman in various pavilions at the Co- of Congress, representatives of the sound re- longer exists at all. lumbian Exposition in Chicago. cording industry and staff from the Sub- 1895—Pioneering woman ethnographer committee on Intellectual Property. The bill b 1445 Alice Fletcher teams up with her Omaha stu- was referred to the Committee on House Ad- It would be a tragedy to lose impor- dent, Francis LaFlasche, to record a com- ministration and the Committee on the Judi- tant compositions or recitations of our prehensive sampling of Omaha Indian music ciary. Nation’s history when we have the (this may also be the first recording under I am writing to request that Committee on Bureau of American Ethnology auspices). the Judiciary waive its jurisdiction over ability to save them. An example near and dear to my 1895?—Bureau of American Ethnology be- H.R. 4846, so that the Committee on House gins a half century of recorded documenta- Administration may expeditiously bring this heart is the compilation of works by tion of American Indian music and culture. bill, for which there is broad bipartisan sup- Kansas City jazz great, Bennie Moten. 1907–41—Frances Densmore’s 2000+lifetime port, before the House. Bennie and his band created the fa- recordings of American Indian music. Thank you for your consideration in this mous Kansas City swing style of jazz 1906–08—Percy Grainger’s recordings of matter. If you have any questions or require that later made Count Basie a star. Re- English folksongs, including legendary additional information, please contact Steve English folksinger Joseph Taylor from Lin- Miller at 225–8281. cording between 1923 and 1932, Bennie Moten’s music is archived on 78 RPM colnshire (Note: The Center’s recordings Best regards, were copied onto disc from the original cyl- BILL THOMAS, records which require special equip- inders when Grainger brought the cylinders Chairman. ment to play. If these precious musical into the Library in a sack—an early preser- works are not preserved, Bennie vation effort). CONGESS OF THE UNITED STATES, Moten’s innovative sound that pro- 1906–10—First cowboy songs recorded by HOUSE OF REPRESENTATIVES, COM- vided a foundation for other great art- John Lomax, including (??) ‘‘Home on the MITTEE ON THE JUDICIARY, ists will be lost forever. Range’’. Washington, DC, July 24, 2000. Mr. Speaker, it is not just music that 1929–35—James Madison Carpenter’s re- Hon. BILL THOMAS, would be robbed from us if we do not cordings of Scottish ballad singer Belle Dun- Chairman, Committee on House Administration, can. Longworth House Office Building, Wash- pass this critical legislation. Events II. DISC ERA (1930S–1940S) ington, DC. from bygone eras have been recorded in DEAR CHAIRMAN THOMAS: I am writing to sound as well as on paper. These re- Woody Guthrie’s repertory, recorded by you concerning the bill H.R. 4846, the ‘‘Na- cordings humanize the events we read Alan Lomax, 193—. tional Recording Preservation Act of 2000’’. about in textbooks and transport us to Leadbelly’s repertory, recorded by John As you know, this bill contains language and Alan Lomax, 193—. which falls within the Rule X jurisdiction of an understanding of our past more Leadbelly’s ‘‘Goodnight Irene’’ (or did he this committee relating to the Copyright comprehensive than any history vol- record this commercially first?). Act. I understand that you would like to pro- ume. During World War II, the Office of ‘‘Rock Island Line,’’ sung by Black pris- ceed expeditiously to the floor on this mat- War Information recorded their broad- oners in Cummins State Farm, Arkansas, re- ter. I am willing to waive our committee’s casts on disks that are in desperate corded by John Lomax (accompanied by right to mark up this bill. However, this, of need of preservation. These irreplace- Leadbelly). course, does not waive our jurisdiction over able recordings include news about the ‘‘Rock Island Line’’ recorded by Leadbelly. The legendary interviews of Ferdinand the subject matter on this or similar legisla- war, music performances by war-era tion, or our desire to be conferees on this bill ‘‘Jelly Roll’’ Morton with Alan Lomax on should it be subject to a House-Senate con- artists and speeches asserting our the stage of Coolidge Auditorium at the Li- ference committee. ideals and motives. brary of Congress, describing the origins of I would appreciate your placing this ex- Another treasure in jeopardy is the jazz based on his personal experiences and change of letters in the Congressional archives of the National Public Radio. observations, 1938.

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.100 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6851 The Library of Congress/Fisk University the bill (H.R. 4924) to establish a 3-year fication of the persons or entities likely to Coahoma County (MS) Project—recordings pilot project for the General Account- receive the benefits; by Alan Lomax and John Work of the entire ing Office to report to Congress on eco- (B) an evaluation of an agency’s analysis of spectrum of African American music in the nomically significant rules of Federal the potential costs of the rule, including any Mississippi Delta, 1941–42 (includes the two adverse effects that cannot be quantified in following items). agencies, and for other purposes. monetary terms and the identification of the Muddy Waters (McKinley Morganfield)— The Clerk read as follows: persons or entities likely to bear the costs; the original Delta field recordings by Alan H.R. 4924 (C) an evaluation of an agency’s analysis of Lomax in 1941–42 (?), when Muddy Waters Be it enacted by the Senate and House of Rep- alternative approaches set forth in the no- was a young man and before he went north tice of proposed rulemaking and in the rule- to Chicago, electrified, and helped start the resentatives of the United States of America in Congress assembled, making record, as well as of any regulatory modern Rhythm and Blues style. impact analysis, federalism assessment, or Eddie ‘‘Son’’ House—Mississippi Delta field SECTION 1. SHORT TITLE. other analysis or assessment prepared by the recordings of the legendary blues singer by This Act may be cited as the ‘‘Truth in agency or required for the economically sig- Alan Lomax, 1941? Regulating Act of 2000’’. ‘‘Bonaparte’s Retreat’’ played on fiddle by nificant rule; and SEC. 2. PURPOSES. (D) a summary of the results of the evalua- Bill Stepp of Salyersville, KY, 1937, recorded The purposes of this Act are to— by Alan Lomax—the source of the famous tion of the Comptroller General and the im- (1) increase the transparency of important plications of those results. ‘‘Hoedown’’ music by Aaron Copeland’s regulatory decisions; Rodeo. (4) PROCEDURES FOR PRIORITIES OF RE- (2) promote effective congressional over- Willard Rhodes/Bureau of Indian Affairs QUESTS.—The Comptroller General shall have Collection, the most comprehensive effort to sight to ensure that agency rules fulfill stat- discretion to develop procedures for deter- document American Indian music in the utory requirements in an efficient, effective, mining the priority and number of requests post-WW2 period. and fair manner; and for review under paragraph (1) for which a re- American Dialect Society Collection— (3) increase the accountability of Congress port will be submitted under paragraph (2). early documentation of American speech and and the agencies to the people they serve. (b) AUTHORITY OF COMPTROLLER GENERAL.— dialect. SEC. 3. DEFINITIONS. Each agency shall promptly cooperate with Alan Lomax Michigan collection (1938?)— In this Act, the term— the Comptroller General in carrying out this includes both urban blues and various un- (1) ‘‘agency’’ has the meaning given such Act. Nothing in this Act is intended to ex- usual ethnic traditions (Here’s an example of term under section 3502(1) of title 44, United pand or limit the authority of the General a disc collection that, because of the par- States Code, except that such term shall not Accounting Office. ticular composition of the acetate discs, is include an independent regulatory agency, as SEC. 5. AUTHORIZATION OF APPROPRIATIONS. flaking and falling apart as we speak). that term is defined in section 3502(5) of such There are authorized to be appropriated to III. WIRE RECORDINGS (CA. 1947–65) title; the General Accounting Office to carry out IV. TAPE ERA (1947–PRESENT) (2) ‘‘economically significant rule’’ means this Act $5,200,000 for each of fiscal years 2001 Paul Bowles Moroccan Collection—60 to 70 any proposed or final rule, including an in- through 2003. 7’’ tapes recorded by noted author/composer terim or direct final rule, that may have an annual effect on the economy of $100,000,000 SEC. 6. EFFECTIVE DATE AND DURATION OF Paul Bowles with the assistance of the Li- PILOT PROJECT. brary of Congress, surveying the music of or more or adversely affect in a material way the economy, a sector of the economy, pro- (a) EFFECTIVE DATE.—This Act shall take Morocco. effect 90 days after the date of enactment of Mr. HOYER. Mr. Speaker, I yield my- ductivity, competition, jobs, the environ- ment, public health or safety, or State, local, this Act. self such time as I may consume. or tribal governments or communities, or for (b) DURATION OF PILOT PROJECT.—The pilot Mr. Speaker, I want to thank the which an agency has prepared an initial or project under this Act shall continue for a gentlewoman from Missouri (Ms. final regulatory flexibility analysis pursuant period of 3 years, if in each fiscal year, or MCCARTHY), for her leadership and sup- to section 603 or 604 of title 5, United States portion thereof included in that period, a port of this effort. She has been very Code; and specific annual appropriation not less than much involved in bringing the bill to (3) ‘‘independent evaluation’’ means a sub- $5,200,000 or the pro-rated equivalent thereof this point, and I certainly appreciate stantive evaluation of the agency’s data, shall have been made for the pilot project. (c) REPORT.—Before the conclusion of the her support on the floor. methodology, and assumptions used in devel- oping the economically significant rule, 3-year period, the Comptroller General shall Mr. Speaker, I have no further re- submit to Congress a report reviewing the ef- quests for time, and I yield back the including— (A) an explanation of how any strengths or fectiveness of the pilot project and recom- balance of my time. weaknesses in those data, methodology, and mending whether or not Congress should per- Mr. NEY. Mr. Speaker, I yield back assumptions support or detract from conclu- manently authorize the pilot project. the balance of my time. sions reached by the agency; and The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore (Mr. (B) the implications, if any, of those ant to the rule, the gentleman from SUNUNU). The question is on the mo- strengths or weaknesses for the rulemaking. Wisconsin (Mr. RYAN) and the gen- tion offered by the gentleman from SEC. 4. PILOT PROJECT FOR REPORT ON RULES. tleman from Ohio (Mr. KUCINICH) each Ohio (Mr. NEY) that the House suspend (a) IN GENERAL.— will control 20 minutes. the rules and pass the bill, H.R. 4846, as (1) REQUEST FOR REVIEW.—When an agency amended. publishes an economically significant rule, a The Chair recognizes the gentleman The question was taken; and (two- chairman or ranking member of a committee from Wisconsin (Mr. RYAN). thirds having voted in favor thereof) of jurisdiction of either House of Congress GENERAL LEAVE the rules were suspended and the bill, may request the Comptroller General of the Mr. RYAN of Wisconsin. Mr. Speaker, as amended, was passed. United States to review the rule. I ask unanimous consent that all Mem- (2) REPORT.—The Comptroller General A motion to reconsider was laid on bers may have 5 legislative days within the table. shall submit a report on each economically significant rule selected under paragraph (4) which to revise and extend their re- f to the committees of jurisdiction in each marks and include extraneous material GENERAL LEAVE House of Congress not later than 180 cal- on H.R. 4924. endar days after a committee request is re- The SPEAKER pro tempore. Is there Mr. NEY. Mr. Speaker, I ask unani- ceived, or in the case of a committee request objection to the request of the gen- mous consent that all Members may for review of a notice of proposed rule- tleman from Wisconsin? have 5 legislative days within which to making or an interim final rulemaking, by There was no objection. revise and extend their remarks and in- the end of the period for submission of com- Mr. RYAN of Wisconsin. Mr. Speaker, clude extraneous material on H.R. 4846. ment regarding the rulemaking, if prac- The SPEAKER pro tempore. Is there ticable. The report shall include an inde- I yield myself 15 minutes. objection to the request of the gen- pendent evaluation of the economically sig- (Mr. RYAN of Wisconsin asked and tleman from Ohio? nificant rule by the Comptroller General. was given permission to revise and ex- There was no objection. (3) INDEPENDENT EVALUATION.—The inde- tend his remarks.) pendent evaluation of the economically sig- f Mr. RYAN of Wisconsin. Mr. Speaker, nificant rule by the Comptroller General I move that the House suspend the under paragraph (2) shall include— TRUTH IN REGULATING ACT OF rules and pass the Truth in Regulating 2000 (A) an evaluation of an agency’s analysis of the potential benefits of the rule, includ- Act of 2000. It is a bipartisan, good gov- Mr. RYAN of Wisconsin. Mr. Speaker, ing any beneficial effects that cannot be ernment bill. It establishes a regu- I move to suspend the rules and pass quantified in monetary terms and the identi- latory analysis function within the

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.070 pfrm02 PsN: H25PT1 H6852 CONGRESSIONAL RECORD — HOUSE July 25, 2000 General Accounting Office. This func- the resistance of the defenders of the In addition, unlike the Senate bill, tion is intended to enhance congres- regulatory status quo. Opponents ar- this bill would require GAO to review sional responsibility for regulatory de- gued against creating a new congres- not only the agency’s data, but also the cisions developed under the laws Con- sional agency on the basis of fiscal con- public’s data, to assure a more bal- gress enacts. servatism, but by this logic, Congress anced evaluation, analyze not only the It is a product of the leadership over ought to abolish the CBO as an even rules, costing more than $100 million, the past few years by the chairman of more heroic demonstration of fiscal but also the rules with a significant the Subcommittee on Regulatory Re- conservatism. But, of course, most of impact on small businesses, and exam- form and Paperwork Reduction of the us recognize that dismantling the CBO ine whether or not alternatives not Committee on Small Business, the gen- would be penny wise and pound foolish. considered by the agencies might tlewoman from New York (Mrs. In the 106th Congress, the chairman achieve the same goal in a more cost- KELLY), who will be joining us here in of the Committee on Government Re- effective manner or with a greater net a minute. form Subcommittee on National Eco- benefit. The most basic reason for supporting nomic Growth, Natural Resources and On June 29, the Committee on Gov- this bill is constitutional. Just as Con- Regulatory Affairs, the gentleman ernment Reform favorably reported out gress needs a Congressional Budget Of- from Indiana (Mr. MCINTOSH) and the H.R. 4744, with a very thorough discus- fice to check and balance the executive Committee on Small Business chair- sion of issues in its accompanying branch in the budget process, so it man of the Subcommittee on Regu- report. needs an analytic capability to check latory Reform and Paperwork Reduc- H.R. 4924 introduced just yesterday, and balance the executive branch in tion, the gentlewoman from New York includes two, or more accurately, one the regulatory process. The GAO, or (Mrs. KELLY), sought to accommodate and a half of H.R. 4744’s improvements the General Accounting Office, is the the prejudice against the free-standing to S. 1198. A, the inclusion within the logical location, since it already has agency and introduced bills H.R. 3521 scope of GAO’s purview of agency rules some regulatory review responsibilities and H.R. 3669 respectively to establish with a significant impact on small under the Congressional Review Act, a CORA function within the General businesses; and, B, a directive to the otherwise known as the CRA. Accounting Office, which is where we GAO to submit its independent evalua- Article I, section 1 of the U.S. Con- are now, which is an existing legisla- tion of proposed rules within the public stitution vests all legislative powers in tive branch agency that has this kind comment period, albeit only when the U.S. Congress. While Congress may of expertise. The gentleman from Indi- doing so is practicable. not delegate its legislative functions, ana (Mr. MCINTOSH) and the gentle- House Report 106–772 explains the it routinely authorizes the executive woman from New York (Mrs. KELLY) basis for these improvements. Nonethe- branch agencies to issue rules and im- introduced their bills in January and less, I am deeply disappointed that we plement laws passed by Congress. Con- February of this year. could not persuade the honorable gen- gress has become increasingly con- On May 10, the Senate passed its own tleman from California that timely cerned, however, about its responsi- regulatory analysis legislation, S. 1198, comments on proposed rules are better bility to oversee agency rule making, the Truth in Regulating Act of 2000, by than untimely or late comments, but especially due to the extensive costs unanimous consent. Like the bills of understand that in politics, half a loaf, and impacts of Federal Rules. the gentleman from Indiana (Mr. or in this case, a fraction of a loaf, may During the 105th Congress, the Com- MCINTOSH) and the gentlewoman from still be better than none. mittee on Government Reform Sub- New York (Mrs. KELLY), the Senate H.R. 4924 is, in my judgment, inferior committee on National Economic legislation would also establish a regu- to H.R. 4744, which is itself a watered Growth, Natural Resources and Regu- latory analysis function within the down version of the complete reform latory Affairs, chaired by the gen- GAO. needed that the gentlewoman from tleman from Indiana (Mr. MCINTOSH), During the 106th Congress, the Com- New York (Mrs. KELLY) worked on in on which I serve as vice chairman, held mittee on Government Reform did not returning’s constitutional responsi- a hearing on the gentlewoman from hold a hearing specifically on this bill, bility for regulatory oversight, but this New York’s (Mrs. KELLY) earlier regu- but the Subcommittee on National bill is a step in the right direction and latory analysis bill, H.R. 1704, which Economic Growth, Natural Resources it will give reformers something to sought to establish a new freestanding and Regulatory Affairs did hold a June build on in the next Congress. Congressional agency. The sub- 14th hearing entitled, Does Congress H.R. 4924 is truly a very modest bi- committee then marked up and re- delegate too much power to agencies partisan proposal. It does not require ported her bill, H.R. 1704, and called for and what should be done about it? or expect GAO to conduct any new reg- the establishment of a new legislative Witnesses discussed the need for a ulatory impact analyses, any new cost branch Congressional Office of Regu- CORA function that would assist Con- benefit analyses or other impacted latory Analysis. We often refer to this gress in assuming more responsibility analyses. However, GAO’s independent as CORA, most people refer to this as for agency rules now which impose evaluation should lead the agencies to CORA legislation, to analyze all major over $700 billion in off-budget costs to prepare any missing cost-benefit anal- results and report to Congress on the the American people through regula- yses, small business impacts, fed- potential costs, benefits, and alter- tions. eralism impacts, or any other missing native approaches that could achieve On June 26, the gentlewoman from analysis. the same regulatory goals at lower New York (Mrs. KELLY) and the gen- For example, after the McIntosh sub- costs. tleman from Indiana (Mr. MCINTOSH) committee insisted that the Depart- This agency was intended to aid Con- introduced H.R. 4744, which made sev- ment of Labor prepare a missing RIA gress in analyzing Federal regulations. eral needed improvements to the Sen- for its Baby UI proposal, they finally The committee report stated that ate-passed bill along the lines sug- prepared one. Unfortunately, H.R. 4924 ‘‘Congress needs the expertise that gested by witnesses at the June 14 excludes from GAO’s purview major CORA would provide to carry out its hearing. For example, whereas S. 1198 rules promulgated by the independent duty under the Congressional Review merely permits GAO to assist Congress regulatory agencies, such as the Fed- Act. Currently Congress does not have in submitting timely comments on pro- eral Communications Commission, the the information it needs to carefully posed regulations during the public Federal Trade Commission and the Se- evaluate regulations. The only analysis comment period, H.R. 4744 would re- curities and Exchange Commission, that it has to rely on are those pro- quire GAO to provide such assistance. which regulate major sectors of the vided by the agencies which actually This was a critical improvement, be- U.S. economy. promulgate the rules. There is no offi- cause it is only by commenting on pro- Since the analysis accompanying cial third party analysis of new regula- posed rules during the public comment rules issued by the independent regu- tions.’’ period that Congress has any real op- latory agencies are often incomplete or Unfortunately, CORA supporters in portunity to influence the cost, the inadequate, this omission is unfortu- the 105th Congress could not overcome scope, and the content of regulation. nate, and it makes the bill less useful

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.106 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6853 than its Senate counterpart or H.R. the GAO would be required to consult eral Accounting Office and bogged 4744. the public’s data in the course of evalu- down the rule-making process. Here is basically how the bill works. ating agency rules. I would like to commend the spon- The chairman or ranking member of a Although H.R. 4924 does not require sors of this bill, the gentlewoman from committee of jurisdiction may request the GAO to review public data, neither New York (Mrs. KELLY), the gentleman that GAO submit an independent eval- does it forbid or preclude GAO from from California (Mr. CONDIT), the gen- uation to the committee on a major doing so. I bring this up because some tleman from Indiana (Mr. MCINTOSH), proposed rule during the public com- hope that H.R. 4924 implicitly contains and the gentleman from Texas (Mr. ment period or on a final rule within a gag order forbidding the GAO to con- TURNER), as well as the gentleman 180 days. The GAO’s analysts shall in- sult any analysis or data except for from Indiana (Mr. BURTON), for work- clude an evaluation of the potential those supplied by the agency to be re- ing with us in order to achieve this benefits of the rule, the costs, alter- viewed. This reading of H.R. 4924 would compromise. native approaches to the rule making defeat the whole purpose of the bill, By working together, we can now see and various impact analyses. which is to enable Congress to com- a 100 percent bipartisan bill on the Congress currently has two opportu- ment knowingly and knowledgeably floor and have legislation that will ac- nities to review agency regulatory ac- about agency rules from the standpoint tually be enacted into law. tion. Under the Administrative Proce- of a truly independent evaluation of This bill is sounder than the com- dures Act, Congress can comment on those rules. mittee-passed bill. Unlike that bill, agency-proposed and interim rules dur- Instructed by GAO’s independent this one only requires the GAO to ing the public comment period. The evaluations, Congress will be better evaluate an agency’s analysis of rules. APA says that public sector and pri- equipped to review final agency rules It does not require the GAO to do its vate sector officials have the same under the CRA. More importantly, own cost-benefit or cost-effectiveness comment period. Late Congressional Congress will be better equipped to analysis on rules. comments cannot be accepted, any- submit timely and knowledgeable com- In addition, unlike H.R. 4744, this bill more than late private comments. That ments on proposed rules during the does not require the GAO to evaluate a is why it is important that the GAO public comment period. I say this not- rule by the end of the comment period finishes its analysis within the public withstanding the words, where prac- if this is not practicable. Therefore, if comment period, and to do so just like ticable, which some CORA foes hope necessary, to ensure a high quality re- any other entity that does so correctly will ensure that the GAO analysis of view, the GAO could use 180 days to under today’s law and under today’s proposed rules are untimely and there- complete its evaluation of a rule and APA procedures. fore relatively worthless. I am con- finish after the time for commenting Agencies can ignore comments filed fident that despite the ‘‘where prac- has expired. by Congress after the end of the public ticable’’ language, GAO will want to This bill is not a major piece of legis- comment period, as the Department of please rather than annoy its customers lation, but in one way it is precedent Labor did with the Baby UI rule. and employers and will not fail to help setting. For the first time in at least 5 Therefore, since GAO cannot be given Members of Congress submit timely years, the Committee on Government more time than any members of the comments on regulatory proposals. Reform has developed a consensus on public to comment, they should clearly Thus, even though a far cry from the regulatory reform legislation. I hope be able to complete their review of original idea of an independent CORA any future regulatory reform initia- agency regulatory proposals during the agency, and although inferior to the tives are approached with this same bi- public comment period. Under the Kelly-McIntosh bill reported by the partisan spirit, and I urge my col- CRA, Congress can disapprove an agen- Committee on Government Reform, leagues to support this legislation. cy final rule after it has promulgated, H.R. 4924 will increase the trans- Mr. KUCINICH. Mr. Speaker, I yield but before it is effective. That is a very parency of important regulatory deci- such time as he may consume to the important point, Mr. Speaker. sions. It will promote the effective con- gentleman from California (Mr. gressional oversight and increase the CONDIT). b 1500 accountability of Congress. The best Mr. CONDIT. Mr. Speaker, I rise in Unfortunately, Congress has not been government is a government account- support of H.R. 4924, the Truth in Regu- able to fully carry out its responsi- able for the people. For America to lating Act of 2000. I would like to bility under the CRA because it has have an accountable regulatory sys- thank the gentleman from Indiana (Mr. neither all of the information it needs tem, the people’s elected representa- BURTON); the ranking member, the gen- to carefully evaluate agency regu- tives must participate in and take re- tleman from California (Mr. WAXMAN); latory proposals, nor sufficient staff to sponsibility for the rules promulgated the gentlewoman from New York (Mrs. carry out its function. In fact, since under the laws Congress passes. KELLY); and the gentleman from Indi- the March 1996 enactment of the CRA, H.R. 4924 is a meaningful step toward ana (Mr. MCINTOSH) for forging this at that time, we have had no completed Congress meeting its oversight and its compromise and all their hard work on congressional resolutions of dis- regulatory oversight capabilities. this issue. approval. To assume oversight respon- Mr. Speaker, I reserve the balance of I am confident that this proposal is sibility for Federal regulations, Con- my time. similar enough to S. 1198, the Truth in gress needs to be armed with an inde- Mr. KUCINICH. Mr. Speaker, I yield Regulating Act, which recently passed pendent evaluation. such time as he may consume to the the Senate by unanimous consent to What is needed is an analysis of legis- gentleman from California (Mr. ensure a quick conference. This is a lative history to see if there is a non- WAXMAN). straightforward proposal to provide delegation problem, such as the FDA Mr. WAXMAN. Mr. Speaker, I thank Members of Congress with an analyt- administration’s proposed rule on to- the gentleman from Ohio (Mr. ical, independent evaluation of the cost bacco product regulation; the Baby UI KUCINICH) for yielding to me. proposal of major rules. I urge all of rule which provides paid family leave Mr. Speaker, I rise in support of H.R. my colleagues to support this bipar- to small business employees even 4924, the Truth in Regulating Act. H.R. tisan piece of legislation. though Congress in the Family Medical 4924 is similar to S. 1198, which passed Mr. KUCINICH. Mr. Speaker, I yield 2 Leave Act said no to paid family and by unanimous consent in the Senate minutes to the gentleman from Texas medical leave for coverage of small and which was introduced in the House (Mr. TURNER). business employees as well. by the gentleman from California (Mr. Mr. TURNER. Mr. Speaker, I rise in Sometimes the quickest way to find CONDIT). strong support of H.R. 4924, the Truth out that an agency has ignored a con- H.R. 4924 is a significant improve- in Regulating Act of 2000. Trans- gressional intent or failed to consider ment over H.R. 4744, which narrowly parency in government is essential to less costly regulatory alternatives is to passed in the Committee on Govern- our democracy. Many times our Fed- examine nonagency data and analysis. ment Reform on a party line vote. It eral agencies in their zeal to carry out It is for that reason, under H.R. 4744, imposed costly obligations on the Gen- their mission create regulations that

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.107 pfrm02 PsN: H25PT1 H6854 CONGRESSIONAL RECORD — HOUSE July 25, 2000 can be overly burdensome to the pub- nesses and manufacturers, those enti- tion. I would like to thank the gen- lic. As a Congress, we have a responsi- ties which make up the very thing that tleman from California (Mr. CONDIT) bility to ensure that agency rules ful- drives our economy forward. Estimates and the gentleman from Texas (Mr. fill statutory requirements in an open, vary on the annual cost of government TURNER) for their support, and I would efficient, effective and, most impor- regulations. The Office of Management like to thank the gentleman from tantly, in a fair manner. and Budget estimates $3 billion a year Michigan (Mr. BARCIA) for his ongoing Agencies must be accountable to the while other estimates run as high as support for this important legislation. people they serve. This legislation cre- $700 billion every year. Finally, I would like to thank the ates a 3-year pilot project in which at Congress has a special entity, the gentleman from Indiana (Mr. BURTON) the request of the committee of juris- Congressional Budget Office, or CBO, and certainly my colleague, the gen- diction the General Accounting Office to help it grapple with our enormous tleman from Wisconsin (Mr. RYAN), for would review proposed and final rules Federal budget, and there is growing moving this legislation swiftly to the which have a significant impact on the sentiment that a similar office is need- floor today and for the leadership of public. ed within the legislative branch to re- the gentleman from Indiana (Mr. BUR- Within 180 days, the GAO would inde- view and analyze the numerous govern- TON) on this issue. pendently evaluate the agency’s anal- ment regulations that are developed I strongly urge my colleagues to sup- yses of costs, benefits, alternatives, and issued every year. port me in this important effort. regulatory impact, and any other anal- Mr. Speaker, the gentleman from Mr. KUCINICH. Mr. Speaker, I yield ysis prepared by the agency. Wisconsin (Mr. RYAN) highlighted the myself such time as I may consume. I want to commend the gentlewoman difference between the Senate version, Mr. Speaker, I am pleased to speak in from New York (Mrs. KELLY); the gen- S. 1198 and H.R. 4924. Let me highlight support of H.R. 4924, the Truth in Regu- tleman from California (Mr. CONDIT); one of the most important components lating Act of 2000. I want to thank the the gentleman from Indiana (Mr. BUR- of this compromise legislation, the in- gentleman from California (Mr. TON); the gentleman from Indiana (Mr. clusion of small business. CONDIT) for introducing H.R. 4763 on MCINTOSH); the ranking member, the As the vice chairman of the Com- which this bill is based. I also want to gentleman from California (Mr. WAX- mittee on Small Business and chair- thank the gentleman from Indiana (Mr. MAN); and the gentleman from Ohio woman of the Subcommittee on Regu- BURTON) of the Committee on Govern- (Mr. KUCINICH) for their leadership and latory Reform and Paperwork Reduc- ment Reform; the ranking member of willingness to work to craft a com- tion, I know that small business own- our committee, the gentleman from promise on this bill. ers are very familiar with the burdens I am particularly pleased that the California (Mr. WAXMAN); the gen- that Federal regulations place on language was included which clarifies tleman from Indiana (Mr. MCINTOSH) of them. that this bill only requires the GAO to the Subcommittee on National Eco- Some studies have shown that for audit the analyses which were prepared nomic Growth, Natural Resources and small employers the cost of complying by the agency pursuant to statutory Regulatory Affairs; the gentleman with Federal regulations is more than authority as opposed to requiring the from California (Mr. CONDIT); and the double what it costs their larger coun- GAO to do its own cost-benefit anal- gentlewoman from New York (Mrs. terparts. Small businesses need help in ysis. KELLY), who have taken a leading role I would hope that all parties to this addressing this burden. A new mecha- on this issue, and also my good friend, compromise agree that it would be im- nism to help Congress to control the the gentleman from Wisconsin (Mr. practical and an overwhelming burden regulatory burden on small employers, RYAN), for working together so that we to the GAO to perform another sepa- H.R. 4924 provides such a mechanism. can craft a bipartisan compromise that rate, independent analysis. This legislation authorizes GAO to we can all support. Mr. Speaker, this is a good govern- study not only economically signifi- I think also it should be mentioned ment bill; and I urge its passage by the cant rules but also rules that agencies that staff has played a very important House. identify as a significant impact on role in helping to put this together, Mr. KUCINICH. Mr. Speaker, I re- small businesses. I think it is essential and we want to express our apprecia- serve the balance of my time. that Congress have the tools to per- tion to the staff as well. Mr. RYAN of Wisconsin. Mr. Speaker, form proper oversight of the Federal Mr. Speaker, I strongly support the I yield 5 minutes to the gentlewoman regulatory process as it affects small stated purposes of this bill: first, to in- from New York (Mrs. KELLY). firms in this country. crease transparency of important regu- Mrs. KELLY. Mr. Speaker, the Truth The bottom line, the Truth in Regu- latory decisions; second, to promote in Regulating Act represents the cul- lating Act, is about better information. congressional oversight to ensure that mination of nearly 4 years of hard The purpose of this office is to ensure agencies fulfill their statutory require- work and is an effort that will provide that Congress exercises its legislative ments in an efficient, effective and fair Congress with a new resource for re- powers in the most informed manner manner; and, third, to increase the ac- viewing new government regulations possible. countability of Congress. Therefore, I before they take effect. Ultimately, this will lead to better am especially pleased that we were This is not the bill I had hoped for, and more finely tuned legislation, as able to craft a compromise that will but I accept it as a good place to begin. well as more effective agency regula- likely become law because it addresses I first introduced this legislation dur- tions. the serious concerns raised during con- ing the 105th Congress with the goal of This legislation would provide Con- sideration of earlier versions of the giving Congress the tools it needs to gress with reliable, nonpartisan infor- bill. oversee the steady stream of new and mation and improve Congress’ ability b 1515 often costly regulations coming from to understand burdens that are placed the Federal Government. on small businesses and the economy H.R. 4924, is substantially the same Government regulations have an im- by excessive regulations. as the substitute amendment I offered, pact on every American, Mr. Speaker. I urge my colleagues to support H.R. along with the gentleman from Cali- In most cases, regulations speak to a 4924, because only through active over- fornia (Mr. WAXMAN) when the Com- noble purpose and can often be viewed sight can Congress ensure that the mittee on Government Reform consid- as a measure of the value that we place laws that it passes are properly imple- ered H.R. 4744. That substitute was in protecting such things as human mented. This is a responsibility that H.R. 4763, a bill introduced by the gen- health, workplace safety, or the envi- Congress must take seriously, because tleman from California (Mr. CONDIT). It ronment. Yet too often government as countless small business owners can was the same language that was passed oversteps its bounds in an attempt to attest, not doing so can have dramatic by unanimous consent in the Senate on achieve these goals, and we all pay the implications. May 9, 2000, without opposition from price as a consequence. Mr. Speaker, I would like to thank the Government Accounting Office, The price of regulations poses a par- the gentleman from Indiana (Mr. public interest groups, or industry rep- ticularly heavy burden on small busi- MCINTOSH) for his work on this legisla- resentatives.

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.109 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6855 H.R. 4924 creates a 3-year pilot Mr. Speaker, I want to again express (2) by striking ‘‘fish.’’ in paragraph (2) and project in which, at the request of a my appreciation to the Members on the inserting ‘‘fish; or’’; and (3) by adding at the end the following: committee of jurisdiction, the GAO other side of the aisle. This shows what ‘‘(3) for any person, other than a person hold- would analyze economically significant happens when we have a concern on ing a valid Federal permit in the purse seine proposed and final rules. GAO would both sides, when we are able to nego- category— evaluate the agency’s analyses of cost tiate and compromise, we produce a ‘‘(A) to use an aircraft to locate or otherwise benefits, alternatives, regulatory im- bill I think that is good for the Con- assist in fishing for, catching, or retaining At- pact, federalism impact, and any other gress and it is good for the American lantic bluefin tuna; or analysis prepared by the agency or re- people. ‘‘(B) to catch, possess, or retain Atlantic bluefin tuna located by use of an aircraft.’’. quired to be prepared by the agency. Mr. Speaker, I yield back the balance SEC. 402. FISHERIES RESEARCH VESSEL PRO- All of this analysis would be completed of my time. CUREMENT. within 180 days of the committee’s re- Mr. RYAN of Wisconsin. Mr. Speaker, Notwithstanding section 644 of title 15, United quest. I yield myself such time as I may con- States Code, and section 19.502–2 of title 48, Mr. Speaker, H.R. 4929 is the same as sume. Code of Federal Regulations, the Secretary of the Senate version of this bill, except: Mr. Speaker, I simply just want to Commerce shall seek to procure Fisheries Re- First, it clarifies that the bill only thank the gentleman from Ohio (Mr. search Vessels through full and open competi- requires the GAO to analyze agency KUCINICH), ranking member; the gen- tion from responsible United States shipbuilding companies irrespective of size. analyses that were required by sepa- tleman from California (Mr. WAXMAN), rate statute or executive order. It does ranking member of the full committee; The SPEAKER pro tempore. Pursu- not require any new agency or GAO the gentleman from California (Mr. ant to the rule, the gentleman from analysis. CONDIT); the gentlewoman from New New Jersey (Mr. SAXTON) and the gen- Second, it exempts independent York (Chairman KELLY); the gen- tleman from California (Mr. GEORGE boards and commissions which are ex- tleman from Indiana (Chairman MILLER) each will control 20 minutes. The Chair recognizes the gentleman empt under similar requirements in the MCINTOSH); and the gentleman from In- from New Jersey (Mr. SAXTON). Unfunded Mandated Reform Act and diana (Chairman BURTON) for all of Executive Order 12866. their hard work on this, for coming to- GENERAL LEAVE Third, it applies to committee re- gether and putting together a good bi- Mr. SAXTON. Mr. Speaker, I ask quests for the review of a minor rule if partisan product that we are now pass- unanimous consent that all Members that rule has significant impact on a ing here. may have 5 legislative days within substantial number of small entities. Mr. Speaker, I simply want to reit- which to revise and extend their re- And fourth, it requires GAO to com- erate one point, which is it is our hope marks and include extraneous material plete its analyses of proposed and in- and intent that GAO does conduct this therein on H.R. 1651. terim rules within the comment period, new analysis within the public com- The SPEAKER pro tempore. Is there if practicable. ment period, because then it helps us objection to the request of the gen- In all other respects, it is the same as as Members of Congress respond to our tleman from New Jersey? There was no objection. S. 1198, which passed the Senate with congressional responsibility which is to Mr. SAXTON. Mr. Speaker, I yield unanimous consent. see that we as legislators are writing myself such time as I may consume. When we considered an earlier the laws of this country. It is just a Mr. Speaker, I rise in support of H.R. version of the bill, GAO expressed seri- hope and intent. 1651, the Fishermen’s Protective Act ous concerns about the scope of the Mr. Speaker, I yield back the balance Amendments of 1999. This bill makes a analyses, the timing provided for the of my time. number of conservation and manage- The SPEAKER pro tempore (Mr. conducting of the reviews, and the cer- ment improvements to several impor- SUNUNU). The question is on the mo- tainty of funding. Also, public interest tant fisheries laws. groups expressed concerns and opposed tion offered by the gentleman from Title I allows fishermen to be reim- passage. The bill we are considering Wisconsin (Mr. RYAN) that the House bursed if their vessel is illegally de- today addresses those concerns. suspend the rules and pass the bill, tained or seized by foreign countries. Mr. Speaker, the most important H.R. 4924. Title II establishes a panel to advise change that has been made is that The question was taken; and (two- the Secretaries of State and Interior on under this bill, GAO would retain its thirds having voted in favor thereof) Yukon River salmon issues in Alaska. traditional role as auditor and evaluate the rules were suspended and the bill This section will provide much needed only the agency’s work. It would not be was passed. support in the conservation and man- A motion to reconsider was laid on required to conduct its own inde- agement of Yukon River salmon. pendent analyses. In addition, the bill the table. Title III authorizes the Secretary of clarifies that it would not require the f Commerce to acquire, purchase, lease, agency to conduct any analyses. It FISHERMEN’S PROTECTIVE ACT lease-purchase or charter and equip up only reviews analyses that are required AMENDMENTS OF 1999 to six fishery survey vessels. These ves- by separate statute or executive order. sels are one of the most important fish- Another personality change is that Mr. SAXTON. Mr. Speaker, I move to suspend the rules and concur in the ery management tools available to the H.R. 4924 requires GAO to complete Federal scientists. They allow for the analyses within the comment period Senate amendment to the bill (H.R. 1651) to amend the Fishermen’s Protec- collection of much-needed scientific only when the shortened review period data and to manage our Nation’s fish- is practicable. Although it is useful to tive Act of 1967 to extend the period during which reimbursement may be eries. have the GAO report before the com- Finally, the last title addresses the provided to owners of United States ment period is closed, we did not want use of spotter aircraft in the New Eng- fishing vessels for costs incurred when to force the GAO into doing shoddy land-based Atlantic bluefin tuna fish- such a vessel is seized and detained by work. We wanted to make sure the ery. This section was added in the a foreign country, and for other pur- GAO had time to do a complete review other body which responded to con- before implementing GAO safeguards poses. The Clerk read as follows: cerns over use of planes which have ac- for accuracy. celerated the catch rates and closures Mr. Speaker, I support H.R. 4924 be- Senate amendment: ø ¿ in the general and harpoon categories. cause it sheds light on the adequacy Page 13, line 3, strike out $60,000,000. and insert: $60,000,000 for each of fiscal years 2002 Mr. Speaker, this is a well thought and usefulness of agencies’ analyses, and 2003. out, well drafted bill, and I urge an yet it ensures the GAO has adequate TITLE IV—MISCELLANEOUS ‘‘aye’’ vote. time and resources to fulfill its new re- Mr. Speaker, I reserve the balance of SEC. 401. USE OF AIRCRAFT PROHIBITED. sponsibilities. It requires GAO to focus Section 7(a) of the Atlantic Tunas Convention my time. on the factors that Congress found to Act of 1975 (16 U.S.C. 971e(a)) is amended— Mr. GEORGE MILLER of California. be the most relevant, and preserves (1) by striking ‘‘or’’ after the semicolon in Mr. Speaker, I yield myself such time GAO’s traditional role as auditor. paragraph (1); as I may consume.

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.111 pfrm02 PsN: H25PT1 H6856 CONGRESSIONAL RECORD — HOUSE July 25, 2000 Mr. Speaker, I rise in support of this the gentleman from New Jersey (Mr. States with other nations and international bill, H.R. 1651, which was passed by the SAXTON) that the House suspend the organizations in ocean and coastal activities. House last year. As my colleague on rules and concur in the Senate amend- SEC. 3. COMMISSION ON OCEAN POLICY. the other side has explained, it con- ment to the bill, H.R. 1651. (a) ESTABLISHMENT.—There is hereby es- tains several provisions intended to im- The question was taken. tablished the Commission on Ocean Policy. prove the fisheries conservation, man- Mr. ALLEN. Mr. Speaker, on that I The Federal Advisory Committee Act (5 U.S.C. App.), except for sections 3, 7, and 12, agement and data collection. It was ap- demand the yeas and nays. does not apply to the Commission. proved unanimously by the Senate last The yeas and nays were ordered. (b) MEMBERSHIP.— month, and I urge the Members to sup- The SPEAKER pro tempore. Pursu- (1) APPOINTMENT.—The Commission shall port passage. ant to clause 8 of rule XX and the be composed of 16 members appointed by the Mr. Speaker, I yield such time as he Chair’s prior announcement, further President from among individuals described may consume to the gentleman from proceedings on this motion will be in paragraph (2) who are knowledgeable in Maine (Mr. ALLEN). postponed. ocean and coastal activities, including indi- Mr. ALLEN. Mr. Speaker, I rise in f viduals representing State and local govern- strong support of H.R. 1651, the Fisher- ments, ocean-related industries, academic OCEANS ACT OF 2000 and technical institutions, and public inter- men’s Protective Act Amendments. est organizations involved with scientific, H.R. 1651, as passed by the House, Mr. SAXTON. Mr. Speaker, I move to regulatory, economic, and environmental makes improvements in several impor- suspend the rules and pass the Senate ocean and coastal activities. The member- tant fisheries laws by enhancing con- bill (S. 2327) to establish a Commission ship of the Commission shall be balanced by servation and management measures. on Ocean Policy, and for other pur- area of expertise and balanced geographi- In the other body, this bill was poses. cally to the extent consistent with maintain- amended to include a ban on the use of The Clerk read as follows: ing the highest level of expertise on the spotter planes to find Atlantic bluefin S. 2327 Commission. (2) NOMINATIONS.—The President shall ap- tuna. The Senate passed the amended Be it enacted by the Senate and House of Rep- point the members of the Commission, with- bill by unanimous consent. resentatives of the United States of America in in 90 days after the effective date of this Act, Mr. Speaker, I want to make clear Congress assembled, including individuals nominated as follows: how important this provision of the SECTION 1. SHORT TITLE. (A) 4 members shall be appointed from a bill is to tuna fishermen in Maine. This Act may be cited as the ‘‘Oceans Act list of 8 individuals who shall be nominated Most of them have been shut out of the of 2000’’. by the Majority Leader of the Senate in con- fishery this season, as well as in the re- SEC. 2. PURPOSE AND OBJECTIVES. sultation with the Chairman of the Senate cent past. Currently, the larger boats The purpose of this Act is to establish a Committee on Commerce, Science, and commission to make recommendations for Transportation. can afford the planes. They take in the coordinated and comprehensive national (B) 4 members shall be appointed from a allowable catch and force smaller boats ocean policy that will promote— list of 8 individuals who shall be nominated to end their season. Without this ban, (1) the protection of life and property by the Speaker of the House of Representa- owners of these smaller boats will be against natural and manmade hazards; tives in consultation with the Chairmen of unable to make a living and support (2) responsible stewardship, including use, the House Committees on Resources, Trans- their families. of fishery resources and other ocean and portation and Infrastructure, and Science. Many strong opinions are the rule coastal resources; (C) 2 members shall be appointed from a when fisheries issues are concerned. In (3) the protection of the marine environ- list of 4 individuals who shall be nominated this case, however, the Secretary of ment and prevention of marine pollution; by the Minority Leader of the Senate in con- (4) the enhancement of marine-related sultation with the Ranking Member of the Commerce received a unanimous rec- commerce and transportation, the resolution Senate Committee on Commerce, Science, ommendation from the Highly Migra- of conflicts among users of the marine envi- and Transportation. tory Species Advisory Panel in 1998. ronment, and the engagement of the private (D) 2 members shall be appointed from a The panel advised the Secretary to pro- sector in innovative approaches for sustain- list of 4 individuals who shall be nominated hibit the use of spotter aircraft in the able use of living marine resources and re- by the Minority Leader of the House in con- General and Harpoon categories of the sponsible use of non-living marine resources; sultation with the Ranking Members of the Atlantic bluefin tuna fishery. (5) the expansion of human knowledge of House Committees on Resources, Transpor- The use of these planes can increase the marine environment including the role of tation and Infrastructure, and Science. the oceans in climate and global environ- (3) CHAIRMAN.—The Commission shall se- the catch rates and closures in the gen- mental change and the advancement of edu- lect a Chairman from among its members. eral and harpoon categories. The sci- cation and training in fields related to ocean The Chairman of the Commission shall be re- entific and conservation objectives of and coastal activities; sponsible for— the Highly Migratory Species Fisheries (6) the continued investment in and devel- (A) the assignment of duties and respon- Management Plan can be negatively af- opment and improvement of the capabilities, sibilities among staff personnel and their fected by the increased catch rates. performance, use, and efficiency of tech- continuing supervision; and Two years ago, the National Marine nologies for use in ocean and coastal activi- (B) the use and expenditure of funds avail- Fisheries Service issued a proposed ties, including investments and technologies able to the Commission. designed to promote national energy and (4) VACANCIES.—Any vacancy on the Com- rule to adopt the Advisory Panel rec- food security; mission shall be filled in the same manner as ommendation but the rule was not fi- (7) close cooperation among all govern- the original incumbent was appointed. nalized. It has, therefore, become nec- ment agencies and departments and the pri- (c) RESOURCES.—In carrying out its func- essary to take legislative action. vate sector to ensure— tions under this section, the Commission— Mr. Speaker, this is a regional issue (A) coherent and consistent regulation and (1) is authorized to secure directly from that many in the New England delega- management of ocean and coastal activities; any Federal agency or department any infor- tion on both sides of the aisle support. (B) availability and appropriate allocation mation it deems necessary to carry out its I thank the gentleman from New Jer- of Federal funding, personnel, facilities, and functions under this Act, and each such equipment for such activities; agency or department is authorized to co- sey (Mr. SAXTON) and the gentleman (C) cost-effective and efficient operation of operate with the Commission and, to the ex- from California (Mr. GEORGE MILLER) Federal departments, agencies, and pro- tent permitted by law, to furnish such infor- for expediting action on this bill, and I grams involved in ocean and coastal activi- mation (other than information described in urge Members to support this legisla- ties; and section 552(b)(1)(A) of title 5, United States tion. (D) enhancement of partnerships with Code) to the Commission, upon the request Mr. GEORGE MILLER of California. State and local governments with respect to of the Commission; Mr. Speaker, I thank the gentleman ocean and coastal activities, including the (2) may enter into contracts, subject to the from Maine (Mr. ALLEN) for his work management of ocean and coastal resources availability of appropriations for con- and his support of this legislation, and and identification of appropriate opportuni- tracting, and employ such staff experts and ties for policy-making and decision-making consultants as may be necessary to carry out I yield back the balance of my time. at the State and local level; and the duties of the Commission, as provided by Mr. SAXTON. Mr. Speaker, I yield (8) the preservation of the role of the section 3109 of title 5, United States Code; back the balance of my time. United States as a leader in ocean and coast- and The SPEAKER pro tempore. The al activities, and, when it is in the national (3) in consultation with the Ocean Studies question is on the motion offered by interest, the cooperation by the United Board of the National Research Council of

VerDate 25-JUL-2000 05:54 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.114 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6857 the National Academy of Sciences, shall es- sources and an examination of those laws implement or respond to the Commission’s tablish a multidisciplinary science advisory and regulations for inconsistencies and con- recommendations for a coordinated, com- panel of experts in the sciences of living and tradictions that might adversely affect those prehensive, and long-range national policy non-living marine resources to assist the ocean and coastal activities and resources, for the responsible use and stewardship of Commission in preparing its report, includ- and recommendations for resolving such in- ocean and coastal resources for the benefit of ing ensuring that the scientific information consistencies to the extent practicable. Such the United States. Nothing in this Act au- considered by the Commission is based on review shall also consider conflicts with thorizes the President to take any adminis- the best scientific information available. State ocean and coastal management re- trative or regulatory action regarding ocean (d) STAFFING.—The Chairman of the Com- gimes. or coastal policy, or to implement a reorga- mission may, without regard to the civil (D) A review of the known and anticipated nization plan, not otherwise authorized by service laws and regulations, appoint and supply of, and demand for, ocean and coastal law in effect at the time of such action. terminate an Executive Director and such resources of the United States. (b) COOPERATION AND CONSULTATION.—In other additional personnel as may be nec- (E) A review of and recommendations con- the process of developing proposals for sub- essary for the Commission to perform its du- cerning the relationship between Federal, mission under subsection (a), the President ties. The Executive Director shall be com- State, and local governments and the private shall consult with State and local govern- pensated at a rate not to exceed the rate sector in planning and carrying out ocean ments and non-Federal organizations and in- payable for Level V of the Executive Sched- and coastal activities. dividuals involved in ocean and coastal ac- ule under section 5136 of title 5, United (F) A review of opportunities for the devel- tivities. States Code. The employment and termi- opment of or investment in new products, nation of an Executive Director shall be sub- SEC. 5. BIENNIAL REPORT. technologies, or markets related to ocean ject to confirmation by a majority of the Beginning in September, 2001, the Presi- and coastal activities. members of the Commission. dent shall transmit to the Congress bienni- (G) A review of previous and ongoing State (e) MEETINGS.— ally a report that includes a detailed listing and Federal efforts to enhance the effective- (1) ADMINISTRATION.—All meetings of the of all existing Federal programs related to Commission shall be open to the public, ex- ness and integration of ocean and coastal ac- ocean and coastal activities, including a de- cept that a meeting or any portion of it may tivities. scription of each program, the current fund- be closed to the public if it concerns matters (H) Recommendations for any modifica- ing for the program, linkages to other Fed- or information described in section 552b(c) of tions to United States laws, regulations, and eral programs, and a projection of the fund- title 5, United States Code. Interested per- the administrative structure of Executive ing level for the program for each of the next sons shall be permitted to appear at open agencies, necessary to improve the under- 5 fiscal years beginning after the report is meetings and present oral or written state- standing, management, conservation, and submitted. ments on the subject matter of the meeting. use of, and access to, ocean and coastal re- SEC. 6. DEFINITIONS. The Commission may administer oaths or af- sources. In this Act: (I) A review of the effectiveness and ade- firmations to any person appearing before it: (1) MARINE ENVIRONMENT.—The term ‘‘ma- (A) All open meetings of the Commission quacy of existing Federal interagency ocean rine environment’’ includes— shall be preceded by timely public notice in policy coordination mechanisms, and rec- (A) the oceans, including coastal and off- the Federal Register of the time, place, and ommendations for changing or improving the shore waters; subject of the meeting. effectiveness of such mechanisms necessary (B) the continental shelf; and (B) Minutes of each meeting shall be kept to respond to or implement the recommenda- (C) the Great Lakes. tions of the Commission. and shall contain a record of the people (2) OCEAN AND COASTAL RESOURCE.—The ONSIDERATION OF FACTORS.—In making present, a description of the discussion that (3) C term ‘‘ocean and coastal resource’’ means its assessment and reviews and developing occurred, and copies of all statements filed. any living or non-living natural, historic, or its recommendations, the Commission shall Subject to section 552 of title 5, United cultural resource found in the marine envi- give equal consideration to environmental, States Code, the minutes and records of all ronment. technical feasibility, economic, and sci- meetings and other documents that were (3) COMMISSION.—The term ‘‘Commission’’ made available to or prepared for the Com- entific factors. means the Commission on Ocean Policy es- IMITATIONS.—The recommendations of mission shall be available for public inspec- (4) L tablished by section 3. the Commission shall not be specific to the tion and copying at a single location in the SEC. 7. EFFECTIVE DATE. offices of the Commission. lands and waters within a single State. (g) PUBLIC AND COASTAL STATE REVIEW.— This Act shall become effective on January (2) INITIAL MEETING.—The Commission 20, 2001. shall hold its first meeting within 30 days (1) NOTICE.—Before submitting the final re- after all 16 members have been appointed. port to the Congress, the Commission shall— The SPEAKER pro tempore. Pursu- (3) REQUIRED PUBLIC MEETINGS.—The Com- (A) publish in the Federal Register a notice ant to the rule, the gentleman from mission shall hold at least one public meet- that a draft report is available for public re- New Jersey (Mr. SAXTON) and the gen- ing in Alaska and each of the following re- view; and tleman from California (Mr. GEORGE (B) provide a copy of the draft report to gions of the United States: MILLER) each will control 20 minutes. the Governor of each coastal State, the Com- (A) The Northeast (including the Great The Chair recognizes the gentleman Lakes). mittees on Resources, Transportation and from New Jersey (Mr. SAXTON). (B) The Southeast (including the Carib- Infrastructure, and Science of the House of bean). Representatives, and the Committee on GENERAL LEAVE (C) The Southwest (including Hawaii and Commerce, Science, and Transportation of Mr. SAXTON. Mr. Speaker, I ask the Pacific Territories). the Senate. unanimous consent that all Members (D) The Northwest. (2) INCLUSION OF GOVERNORS’ COMMENTS.— may have 5 legislative days within (E) The Gulf of Mexico. The Commission shall include in the final re- port comments received from the Governor which to revise and extend their re- (f) REPORT.— marks and include extraneous material (1) IN GENERAL.—Within 18 months after of a coastal State regarding recommenda- the establishment of the Commission, the tions in the draft report. therein on S. 2327. Commission shall submit to Congress and (h) ADMINISTRATIVE PROCEDURE FOR RE- The SPEAKER pro tempore. Is there the President a final report of its findings PORT AND REVIEW.—Chapter 5 and chapter 7 objection to the request of the gen- and recommendations regarding United of title 5, United States Code, do not apply tleman from New Jersey? States ocean policy. to the preparation, review, or submission of There was no objection. (2) REQUIRED MATTER.—The final report of the report required by subsection (e) or the Mr. SAXTON. Mr. Speaker, I yield the Commission shall include the following review of that report under subsection (f). (i) TERMINATION.—The Commission shall myself such time as I may consume. assessment, reviews, and recommendations: Mr. Speaker, S. 2327 establishes a (A) An assessment of existing and planned cease to exist 30 days after the date on which facilities associated with ocean and coastal it submits its final report. Commission on Ocean Policy and re- activities including human resources, ves- (j) AUTHORIZATION OF APPROPRIATIONS.— quires that the President submit a bi- sels, computers, satellites, and other appro- There are authorized to be appropriated to ennial report to the Congress detailing priate platforms and technologies. carry out this section a total of $6,000,000 for Federal ocean and coastal activities. (B) A review of existing and planned ocean the 3 fiscal-year period beginning with fiscal Both the House and Senate adopted and coastal activities of Federal entities, year 2001, such sums to remain available similar legislation in the 105th Con- until expended. recommendations for changes in such activi- gress, but no final measure was cleared ties necessary to improve efficiency and ef- SEC. 4. NATIONAL OCEAN POLICY. for the President’s signature. fectiveness and to reduce duplication of Fed- (a) NATIONAL OCEAN POLICY.—Within 120 eral efforts. days after receiving and considering the re- In this Congress, I joined with the (C) A review of the cumulative effect of port and recommendations of the Commis- gentleman from California (Mr. FARR), Federal laws and regulations on United sion under section 3, the President shall sub- the gentleman from Pennsylvania (Mr. States ocean and coastal activities and re- mit to Congress a statement of proposals to GREENWOOD), and others to introduce

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.068 pfrm02 PsN: H25PT1 H6858 CONGRESSIONAL RECORD — HOUSE July 25, 2000 H.R. 4410, the House companion bill to to the floor an expeditious manner, the Com- the gentleman from California (Mr. this bill. mittee on Science will not object to its con- FARR), the gentleman from Pennsyl- The commission which will be cre- sideration. vania (Mr. GREENWOOD), and others ated will consist of 16 members, 12 of We will request an appropriate number of who have worked hard on this legisla- conferees should a conference be convened on which are members nominated by the S. 2327 or similar legislation. I would ask tion. House and Senate leadership. Members that our exchange of letters be entered into It is very clear that, as a Nation, we must be knowledgeable in coastal and the Congressional Record. must consider comprehensively the ocean activities and represent geo- Sincerely, challenges and the opportunities that graphically diverse districts. The com- F. JAMES SENSENBRENNER, Jr., lie ahead in the 21st century to ensure mission will hold public meetings in Chairman. that we manage our ocean environment coastal regions and gather input on a in the way that is both integrated and draft report from the public, the gov- COMMITTEE ON TRANSPORTATION AND sustainable in the long term. I believe INFRASTRUCTURE, HOUSE OF REP- that this legislation moves us toward ernors of coastal States, and the appro- RESENTATIVES, priate congressional committees. Washington, DC, July 25, 2000. that goal. Mr. Speaker, I yield such time as he The commission will prepare a report Hon. DON YOUNG, that includes a review of existing and Chairman, Committee on Resources, Longworth may consume to the gentleman from planned ocean and coastal activities of House Office Building, Washington, DC. California (Mr. FARR). Federal entities and make rec- DEAR MR. CHAIRMAN: I understand that the Mr. FARR of California. Mr. Speaker, ommendations for modifications to the Committee on Resources intends to seek I embarked on a sea odyssey over 4 United States laws, regulations, and House passage of S. 2327, the Oceans Act of years ago to pass the Oceans Act to es- 2000, with an amendment, so as to clear the administrative structure of executive tablish a commission modeled after the measure for the President. Stratton Commission, which was a agencies necessary to improve the un- The Transportation and Infrastructure derstanding, management, conserva- commission that met over 30 years ago. Committee has a right to a referral of S. If one thinks about it, most of the in- tion, and use of, and access to, ocean 2327. As you know, this legislation is based strumentation we use to measure and coastal resources. on previous bills establishing a Commission weather, measure the ocean, measure After a final report is submitted to on Ocean Policy, including S. 1213, the fisheries management has all been in- the Congress and the President, the Oceans Act of 1997, which was referred to our vented since the Stratton Commission President is directed to submit to the Committee, and H.R. 3445, the Oceans Act of 1998, which would have been referred to our desolved. We know a lot more now than Congress a statement of proposals to Committee in the absence of an exchange of we did then. Yet, we do not have a na- implement or respond to the commis- letters. tional policy on how this country sion’s recommendations for coordi- In view of your desire to move S. 2327 expe- ought to look into the 21st century nated, comprehensive, and long-term ditiously, I will not insist on a referral that about an ocean strategy. That is what national policy for the responsible use could delay consideration of this bill. This action should in no way be considered a this bill does. It really is a tribute to and stewardship of the ocean and the hard work, bipartisan work of the coastal resources for the benefit of the waiver of the jurisdiction of the Committee on Transportation and Infrastructure over S. gentleman from New Jersey (Chairman United States. 2327. In addition, I would appreciate your in- SAXTON); members of the Committee The President may not take any ad- clusion of this letter in any Floor debate ac- on Resources, including the gentleman ministrative or regulatory action or companying House consideration of S. 2327. from California (Mr. GEORGE MILLER), implement a reorganization plan not Thank you for your cooperation and that ranking member; and others on that otherwise authorized by law in effect of your staff. committee. Sincerely, at the time of such action. Let me just say in one quick state- The Stratton Commission conducted BUD SHUSTER, Chairman. ment what is of interest here. We just a comprehensive review of national sent satellites, we sent astronauts ocean policy and reported to Congress HOUSE OF REPRESENTATIVES, around the globe to photograph the in 1969. Today, many of that commis- COMMITTEE ON RESOURCES, earth. They photographed the surface sion’s recommendations have been im- Washington, DC, July 25, 2000. of the planet, not the bottom of the plemented, but no further comprehen- Hon. BUD SHUSTER, ocean. We know a lot about the surface sive review of national ocean policy Chairman, Committee on Transportation and of the Earth than the bottom of the has been conducted. In light of the Infrastructure, Rayburn HOB, Washington, sea. We know everything there is to DC. enormous growth of the population in know about the Moon, the entire Moon, Hon. F. JAMES SENSENBRENNER, Jr., coastal areas; our vastly improved un- the back side, top side, front side. We derstanding of physical, chemical, and Chairman, Committee on Science, Rayburn HOB, Washington, DC. know very, very little, very, very lit- biological oceanography; the tremen- DEAR MESSRS. CHAIRMEN: Thank you for tle, less than 5 percent of what the dous technical advances in equipment your letters regarding S. 2327, the Oceans ocean floor of the world is. available to explore and exploit ocean Act of 2000. I agree that the bill contain pro- The ocean floor of the Earth is 76 per- resources; and the number and com- visions within your respective committees’ cent of the Earth. That is unknown: plexity of Federal oceanographic and jurisdiction and I appreciate your willing- the canyons, the rivers, the volcanoes, ocean and coastal resources conserva- ness to waive a referral of the bill to expe- the sulfuric vents, the depths, the tion and management programs, it is dite its consideration by the House of Rep- heights. That is what this 21st century resentatives this week. time to conduct another comprehen- I will be pleased to put your letters and exploration is all about is to explore sive review of U.S. ocean policy. That this response in the Congressional Record and to learn ways in which this Earth’s is what this commission’s purpose will when the bill is called up on the House Floor. resources can be properly managed. So be. Thank you again for your cooperation. that we shall not perish, so that we can Mr. Speaker, I urge an ‘‘aye’’ vote on Sincerely, manage to survive as a healthy planet. S. 2327. DON YOUNG, As we know, we cannot just continue Mr. Speaker, I include the following Chairman. to dump everything we do not like into exchange of letters for the RECORD: Mr. Speaker, I reserve the balance of our oceans. All the excesses of which HOUSE OF REPRESENTATIVES, my time. we do not know what to do with on COMMITTEE ON SCIENCE, Mr. GEORGE MILLER of California. land, we just dump them in the sea. We Washington, DC, July 25, 2000. Mr. Speaker, I yield myself such time think they just sort of disappear. They Hon. DON YOUNG, as I may consume. do not. They integrate with the life of Chairman, Committee on Resources, Longworth (Mr. GEORGE MILLER of California the ocean. They can kill it. We have HOB, Washington, DC. asked and was given permission to re- people fishing with cyanide. We have DEAR CHAIRMAN YOUNG: I am in receipt of vise and extend his remarks.) your letter of July 25, 2000 regarding S. 2327, people fishing with dynamite in some the ‘‘Oceans Act of 2000.’’ Mr. GEORGE MILLER of California. parts of the world. We have runoff with As you state S. 2327 has provisions which Mr. Speaker, I rise in strong support of toxic wastes, and so on. fall within the jurisdiction of the Committee S. 2327, and I want to thank the gen- So now is the time in the develop- on Science. Given your desire to bring S. 2327 tleman from New Jersey (Mr. SAXTON), ment of a society that we need to have

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.116 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6859 a better look at how we manage these (H.R. 3817) to redesignate the Big Larimer and Arapahoe County authori- resources. This commission that we South Trail in the Comanche Peak Wil- ties, no trace of Jaryd was found. He will vote on will do that. The President derness Area of Roosevelt National has vanished completely. is required to bring back to Congress a Forest in Colorado as the ‘‘Jaryd Jaryd’s disappearance is a haunting report on how we should legislate with- Atadero Legacy Trail,’’ as amended. story that leaves each person who in the next 18 months. The Clerk read as follows: hears it wishing they could do some- This is a very good bill. I ask for an H.R. 3817 thing to help, myself included. My col- ‘‘aye’’ vote. Be it enacted by the Senate and House of Rep- leagues may remember that the story Mr. BOEHLERT. Mr. Speaker, I rise in sup- resentatives of the United States of America in received national attention for several port of S. 2327, the Oceans Act of 2000. As Congress assembled, weeks, and hundreds of people all over chairman of the Water Resources and Envi- SECTION 1. FINDING. the country have contacted Jaryd’s fa- ronment Subcommittee of the Committee on Congress finds that Jaryd Atadero, a 3-year ther offering their prayers and finan- Transportation and Infrastructure, I can attest old boy from Littleton, Colorado, was last seen cial help to solve the mystery. to the importance of this legislation and the the morning of October 2, 1999, 11⁄2 miles from But Mr. Atadero, who is a deeply need to develop a comprehensive approach to the trailhead of the Big South Trail in the Co- spiritual man, understood from the our nation's oceans. Our Subcommittee held a manche Peak Wilderness Area of Roosevelt Na- very beginning of this ordeal that the tional Forest. hearing on comparable legislation in 1998 and national attention given to his son’s since then has been active in reviewing and SEC. 2. DEDICATION. disappearance should also be focused passing related bills advancing ocean and Congress dedicates the Big South Trail in the Comanche Peak Wilderness Area of Roosevelt on the prevention of future disappear- coastal protection efforts. ances. This bill is the result of his ef- Like its predecessors (such as H.R. 3445 National Forest to Jaryd Atadero and his legacy of promoting safe outdoor recreation for chil- forts. and S. 1213 in the 105th Congress), S. 2327 dren. H.R. 3817 would dedicate the Big takes an important step towards a coordi- SEC. 3. SIGN. South Trail in the Comanche Peak Wil- nated, comprehensive, and long-range na- The Secretary of Agriculture shall recognize derness area of Roosevelt National For- tional ocean policy. Clearly, there is a need for the loss of Jaryd Atadero and the need for in- est to Jaryd Atadero. Under the bill, a a renewed, comprehensive effort to develop creased awareness of child safety in outdoor permanent sign will be placed at the such a policy. A lot has changed since the recreation settings by posting an interpretive trail head that has a list of the safety Stratton Commission was established in 1966. sign at the Big South Trail trailhead that— tips for children; and, for a period of no (1) describes consideration for safe outdoor We have learned more about ocean and less than a year, a picture of Jaryd and coastal problems and solutions and we have recreation with children; (2) refers to the tragic loss of Jaryd Atadero to a copy of this legislation will also ap- seen the enactment of laws such as the Clean pear. Water Act, the Ocean Dumping Act, and the underscore the need for such safety consider- ations; This bill has the support of the entire Oil Pollution Act. We also continue to witness (3) refers to the dedication by Congress of this Colorado delegation as well as the gen- the importance of shore protection and hurri- trail and safety message to the legacy of Jaryd tleman from California (Mr. HUNTER) cane response programs of the Army Corps of Atadero; and who has a personal relationship with Engineers and the Federal Emergency Man- (4) for not less than 1 year, includes a copy of the Atadero family. agement Agency. this Act and an image of Jaryd Atadero. Today I brought with me a Jaryd Mr. Speaker, the Transportation and Infra- The SPEAKER pro tempore (Mr. Atadero Legacy Whistle. This is a pro- structure Committee was entitled to a referral SUNUNU). Pursuant to the rule, the gen- gram started by Larimer County offi- of this legislation. However, in order to expe- tleman from Colorado (Mr. TANCREDO) cials that provides some basic safety dite House consideration of this important and the gentleman from California (Mr. tips and a whistle with a wristband measure, the Committee agreed not to seek a GEORGE MILLER) each will control 20 that children can carry with them referral. I appreciate the leadership and co- minutes. while hiking on a trail. operation of Chairman SHUSTER, Chairman The Chair recognizes the gentleman As of this week, Jaryd’s whistles SENSENBRENNER of the Science Committee, from Colorado (Mr. TANCREDO). have been handed out to more than and, of course, Chairman YOUNG of the Re- Mr. TANCREDO. Mr. Speaker, I yield 4,000 children in Colorado alone. The sources Committee. I also want to congratu- myself such time as I may consume. county has received requests from late Rep. SAXTON, Rep. FARR, and others for Mr. Speaker, I thank the gentle- schools and churches across this coun- their tireless efforts to move this legislation for- woman from Idaho (Mrs. CHENOWETH- try in States such as Texas, Tennessee, ward. Many of S. 2327's provisions are the re- HAGE), who is the chairman of our Sub- sult of negotiations among the House Commit- Florida, and Kansas for these whistles committee on Forests and Forest and for the safety presentations by a tees and the Senate in 1998 and beyond. Health, for her support and efforts on Mr. Speaker, a vote for this bill is a vote for search and rescue team. I introduced this legislation. I also thank the gen- the responsible use and stewardship of ocean H.R. 3817 to provide a permanent re- tlewoman from California (Mrs. and coastal resources. I urge all of my col- minder of Jaryd and to promote these NAPOLITANO) and the gentleman from leagues to support S. 2327. kinds of safety precautions. Mr. GEORGE MILLER of California. Colorado (Mr. UDALL) for their con- I believe that H.R. 3817 would not Mr. Speaker, I yield back the balance tributions at the hearing earlier this only keep Jaryd’s memory alive, it of my time. month. would also raise awareness about the Mr. SAXTON. Mr. Speaker, I have no Mr. Speaker, Colorado’s Rocky dangers that children face when they more requests for time, and I yield Mountains are rugged and beautiful, recreate on public lands. Many of these back the balance of my time. but they are a dangerous playground dangers are preventable if children and The SPEAKER pro tempore. The for all small children. Three-year-old parents would remember to take safety question is on the motion offered by Jaryd Atadero was last seen on the precautions while hiking in the wilder- the gentleman from New Jersey (Mr. morning of October 2, 1999, hiking one ness. SAXTON) that the House suspend the and one-half miles from the trail head Again, I thank the Speaker and those rules and pass the Senate bill, S. 2327. of the Big South Trail in the Comanche Members of the Committee on Re- The question was taken; and (two- Peak Wilderness Area of the Roosevelt sources that have been of assistance in thirds having voted in favor thereof) National Forest. our efforts to promote this issue and the rules were suspended and the Sen- On that day in October, a group of remember Jaryd. I urge my colleagues ate bill was passed. friends took Jaryd hiking on the Big to support H.R. 3817, as amended. A motion to reconsider was laid on South Trail as his father, Allyn, stayed Mr. Speaker, I yield back the balance the table. behind to tend to their camp. of my time. f As the hike wore on, the group split Mr. GEORGE MILLER of California. b 1530 into two, with the faster hikers moving Mr. Speaker, I yield myself such time ahead. Jaryd became missing as he ran as I may consume. JARYD ATADERO LEGACY TRAIL from one group to the other. After 7 ex- Mr. Speaker, I rise in strong support Mr. TANCREDO. Mr. Speaker, I move haustive days of searching by local vol- of H.R. 3817, dealing with the tragedy to suspend the rules and pass the bill unteers, Air Force rescuers, and the of Jaryd Atadero, who disappeared on

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.118 pfrm02 PsN: H25PT1 H6860 CONGRESSIONAL RECORD — HOUSE July 25, 2000 the Big South Trail in Comanche Peak H.R. 2919 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Wilderness area of the Roosevelt Na- Be it enacted by the Senate and House of Rep- (a) PROGRAM AUTHORIZED.—From sums ap- tional Forest in Colorado. Despite a resentatives of the United States of America in propriated pursuant to the authority of sub- Congress assembled, section (d) in any fiscal year, the Secretary week-long search, Jaryd was never is authorized and directed to provide finan- found. With this bill, perhaps some SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘National cial assistance to the Freedom Center, in good can come from this tragedy. Underground Railroad Freedom Center Act’’. order to pay the Federal share of the cost of I thank the gentleman from Colorado SEC. 2. FINDINGS AND PURPOSES. authorized activities described in section 5. (b) EXPENDITURE ON NON-FEDERAL PROP- (Mr. TANCREDO) for bringing this legis- (a) FINDINGS.—Congress finds that— ERTY.—The Secretary is authorized to ex- lation to the floor to deal with the (1) the National Underground Railroad pend appropriated funds under subsection (a) Freedom Center (hereinafter ‘‘Freedom Cen- memory of Jaryd and perhaps to warn of this section to assist in the construction other families and children about some ter’’) was founded in 1995; (2) the objectives of the Freedom Center of the Freedom Center facility and the devel- of the dangers of being in a wilderness opment of programs and exhibits for that fa- area, and to prevent other tragedies are to interpret the history of the Under- ground Railroad through development of a cility which will be funded primarily such as Jaryd’s death. national cultural institution in Cincinnati, through private and non-Federal funds, on I urge my colleagues to support this. Ohio, that will house an interpretive center, property owned by the city of Cincinnati, Mr. Speaker, I yield such time as he including museum, educational, and research Hamilton County, and the State of Ohio. (c) DESCRIPTION OF THE FREEDOM CENTER may consume to the gentleman from facilities, all dedicated to communicating to FACILITY SITE.—The facility referred to in California (Mr. FARR). the public the importance of the quest for human freedom which provided the founda- subsections (a) and (b) will be located on a Mr. FARR of California. Mr. Speaker, site described as follows: a 2-block area I rise in support of this bill. This bill is tion for the historic and inspiring story of the Underground Railroad; south of new South Second, west of Walnut a good bill, and I recommend an ‘‘aye’’ (3) the city of Cincinnati has granted ex- Street, north of relocated Theodore M. Berry vote on it. clusive development rights for a prime river- Way, and east of Vine Street in Cincinnati, Mr. UDALL of Colorado. Mr. Speaker, I am front location to the Freedom Center; Ohio. (d) AUTHORIZATION OF APPROPRIATIONS.— (4) the Freedom Center will be a national pleased that the House today is considering There are authorized to be appropriated H.R. 3817, the bill to address the lessons to center linked through state-of-the-art tech- nology to Underground Railroad sites and fa- $16,000,000 for the 4 fiscal year period begin- be learned from the story of a young boy, ning October 1, 1999. Funds not to exceed Jaryd Atadero, who became separated from cilities throughout the United States and to a constituency that reaches across the that total amount may be appropriated in 1 his family in the Comanche Peak wilderness United States, Canada, Mexico, the Carib- or more of such fiscal years. Funds shall not area in Colorado last year and has never been bean and beyond; and be disbursed until the Freedom Center has found. (5) the Freedom Center has reached an commitments for a minimum of 50 percent of I am a cosponsor of this bill, which would agreement with the National Park Service to the non-Federal share. (e) AVAILABILITY OF FUNDS.—Notwith- also remind us all of the need for vigilance for pursue a range of historical and educational cooperative activities related to the Under- standing any other provision of law, funds the safety of our children not only in the appropriated to carry out the provisions of mountains but elsewhere as well. ground Railroad, including but not limited to assisting the National Park Service in the this Act shall remain available for obliga- The Resources Committee revised the bill to implementation of the National Under- tion and expenditure until the end of the fis- address some concerns raised by the Admin- ground Railroad Network to Freedom Act. cal year succeeding the fiscal year for which istration, and as it comes before the House (b) PURPOSES.—The purposes of this Act the funds were appropriated. today it enjoys the support of both sides of the are— (f) OTHER PROVISIONS.—Any grant made under this Act shall provide that— aisle in our committee. I want to commend my (1) to promote preservation and public awareness of the history of the Underground (1) no change or alteration may be made in Colorado colleague, Mr. TANCREDO, for work- Railroad; the Freedom Center facility except with the ing with the committee and with the Forest (2) to assist the Freedom Center in the de- agreement of the property owner and the Service to resolve their concerns. I urge ap- velopment of its programs and facilities in Secretary; proval of the bill. Cincinnati, Ohio; and (2) the Secretary shall have the right of ac- Mr. GEORGE MILLER of California. (3) to assist the National Park Service in cess at reasonable times to the public por- Mr. Speaker, I yield back the balance the implementation of the National Under- tions of the Freedom Center facility for in- of my time. ground Railroad Network to Freedom Act (16 terpretive and other purposes; and U.S.C. 469l). (3) conversion, use, or disposal of the Free- The SPEAKER pro tempore. The dom Center facility for purposes contrary to question is on the motion offered by SEC. 3. DEFINITIONS. In this Act: the purposes of this Act, as determined by the gentleman from Colorado (Mr. (1) SECRETARY.—The term ‘‘Secretary’’ the Secretary, shall result in a right of the TANCREDO) that the House suspend the means the Secretary of the Interior. United States to compensation equal to the rules and pass the bill, H.R. 3817, as (2) PROJECT BUDGET.—The term ‘‘project greater of— amended. budget’’ means the total amount of funds ex- (A) all Federal funds made available to the The question was taken; and (two- pended by the Freedom Center on construc- grantee under this Act; or thirds having voted in favor thereof) tion of its facility, development of its pro- (B) the proportion of the increased value of grams and exhibits, research, collection of the Freedom Center facility attributable to the rules were suspended and the bill, such funds, as determined at the time of as amended, was passed. informative and educational activities re- lated to the history of the Underground Rail- such conversion, use, or disposal. The title of the bill was amended so road, and any administrative activities nec- SEC. 5. AUTHORIZED ACTIVITIES. as to read: essary to the operation of the Freedom Cen- (a) IN GENERAL.—The Freedom Center may ‘‘A bill to dedicate the Big South Trail in ter, prior to the opening of the Freedom Cen- engage in any activity related to its objec- the Comanche Peak Wilderness Area of Roo- ter facility in Cincinnati, Ohio. tives addressed in section 2(a), including, but sevelt National Forest in Colorado to the (3) FEDERAL SHARE.—The term ‘‘Federal not limited to, construction of the Freedom legacy of Jaryd Atadero.’’. share’’ means an amount not to exceed 20 Center facility, development of programs A motion to reconsider was laid on percent of the project budget and shall in- and exhibits related to the history of the Un- clude all amounts received from the Federal derground Railroad, research, collection of the table. Government under this legislation and any information and artifacts and educational f other Federal programs. activities related to the history of the Un- (4) NON-FEDERAL SHARE.—The term ‘‘non- derground Railroad, and any administrative NATIONAL UNDERGROUND Federal share’’ means all amounts obtained activities necessary to the operation of the RAILROAD FREEDOM CENTER ACT by the Freedom Center for the implementa- Freedom Center. tion of its facilities and programs from any (b) PRIORITIES.—The Freedom Center shall Mr. HANSEN. Mr. Speaker, I move to source other than the Federal Government, give priority to— suspend the rules and pass the bill and shall not be less than 80 percent of the (1) construction of the Freedom Center fa- (H.R. 2919) to promote preservation and project budget. cility; public awareness of the history of the (5) THE FREEDOM CENTER FACILITY.—The (2) development of programs and exhibits Underground Railroad by providing fi- term ‘‘the Freedom Center facility’’ means to be presented in or from the Freedom Cen- the facility, including the building and sur- ter facility; and nancial assistance, to the Freedom rounding site, which will house the museum (3) providing assistance to the National Center in Cincinnati, Ohio, as amend- and research institute to be constructed and Park Service in the implementation of the ed. developed in Cincinnati, Ohio, on the site de- National Underground Railroad Network to The Clerk read as follows: scribed in section 4(c). Freedom Act (16 U.S.C. 469l).

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.121 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6861 SEC. 6. APPLICATION. gency exists or that such a waiver is in the to establish a National Underground (a) IN GENERAL.—The Freedom Center shall public interest to assure the preservation of Railroad Network to Freedom program submit an application to the Secretary at historically significant resources. and will provide for the construction of (d) FUNDING.—There are authorized to be such time, in such manner, and containing a facility known as the Freedom Cen- or accompanied by such information as the appropriated to the Secretary for purposes of Secretary may reasonably require. Each ap- this section $2,500,000 for fiscal year 2001 and ter in Cincinnati, Ohio. plication shall— each subsequent fiscal year. Amounts au- Mr. Speaker, I yield back the balance (1) describe the activities for which assist- thorized but not appropriated in a fiscal year of my time. ance is sought; shall be available for appropriation in subse- Mr. HANSEN. Mr. Speaker, I yield 5 (2) provide assurances that the non-Federal quent fiscal years.’’. minutes to the gentleman from Ohio share of the cost of activities of the Freedom The SPEAKER pro tempore. Pursu- (Mr. PORTMAN), and I would just like to Center shall be paid from non-Federal ant to the rule, the gentleman from add that the gentleman worked ex- sources, together with an accounting of costs Utah (Mr. HANSEN) and the gentleman tremely hard on this bill, and through expended by the Freedom Center to date, a his good works, we now have this legis- budget of costs to be incurred prior to the from California (Mr. GEORGE MILLER) opening of the Freedom Center facility, an each will control 20 minutes. lation ready to be passed. accounting of funds raised to date, both Fed- The Chair recognizes the gentleman Mr. PORTMAN. Mr. Speaker, I thank eral and non-Federal, and a projection of from Utah (Mr. HANSEN). the gentleman from Utah (Mr. HANSEN) funds to be raised through the completion of Mr. HANSEN. Mr. Speaker, I yield for yielding this time to me to speak the Freedom Center facility. myself such time as I may consume. about H.R. 2919. I want to thank him (b) APPROVAL.—The Secretary shall ap- Mr. Speaker, H.R. 2919 sponsored by personally for the effort he has put prove the application submitted pursuant to the gentleman from Ohio (Mr. into this. Simply put, we would not subsection (a) unless such application fails PORTMAN) would bring financial assist- have been on the floor today without to comply with the provisions of this Act. ance to the Freedom Center in Cin- his help in the subcommittee and the SEC. 7. REPORTS. full committee, and over the last 2 The Freedom Center shall submit an an- cinnati, Ohio in order to promote pres- nual report to the appropriate committees of ervation and public awareness of the years giving me guidance and support. the Congress not later than January 31, 2000, history of the Underground Railroad. I also want to commend the gentle- and each succeeding year thereafter for any The gentleman from Ohio (Mr. woman from Cleveland, Ohio (Mrs. fiscal year in which Federal funds are ex- PORTMAN) is to be commended for JONES), my colleague on the other side pended pursuant to this Act. The report working very hard to bring all the par- of the aisle, who is an original cospon- shall— ties together in order to move this sor of this bill and who has put in a lot (1) include a financial statement address- measure forward. of hard work and has a real personal ing the Freedom Center’s costs incurred to The Freedom Center would interpret commitment to commemorating the date and projected costs, and funds raised to date and projected fundraising goals; the history of the Underground Rail- Underground Railroad history. (2) include a comprehensive and detailed road and link the many Underground I also want to thank, of course, the description of the Freedom Center’s activi- Railroad sites to a national center in chairman of the Committee on Re- ties for the preceding and succeeding fiscal keeping with the National Under- sources, the gentleman from Alaska years; and ground Railroad Network to Freedom (Mr. YOUNG); and the ranking member, (3) include a description of the activities Act. the gentleman from California (Mr. taken to assure compliance with this Act. From the end of the 18th century to GEORGE MILLER); as well as the ranking SEC. 8. AMENDMENT TO THE NATIONAL UNDER- the end of the civil war, the Under- member of the Subcommittee on Na- GROUND RAILROAD NETWORK TO tional Parks and Public Lands, the FREEDOM ACT OF 1998. ground Railroad flourished, symbol- The National Underground Railroad Net- izing the ideal of freedom. In 1995, the gentleman from´ Puerto Rico (Mr. RO- work to Freedom Act of 1998 (112 Stat. 679; 16 National Underground Railroad Free- MERO-BARCELO); and the subcommittee U.S.C. 4691 and following) is amended by add- dom Center was founded in Cincinnati staff and committee staff who worked ing at the end the following: to interpret the history of the Under- with us diligently over the last couple ‘‘SEC. 4. PRESERVATION OF HISTORIC SITES OR ground Railroad by bringing together of years on this project. STRUCTURES. exhibits that linked the scattered Un- What has become known, Mr. Speak- ‘‘(a) AUTHORITY TO MAKE GRANTS.—The derground Railroad sites through er, as the Underground Railroad was a Secretary of the Interior may make grants state-of-the-art technology. system of cooperation among African- in accordance with this section for the pres- American slaves, freed slaves, aboli- ervation and restoration of historic buildings The Freedom Center is the first pub- or structures associated with the Under- lic-private partnership with the Na- tionists, and other sympathetic whites ground Railroad, and for related research tional Underground Railroad Network to help slaves escape bondage and ob- and documentation to sites, programs, or fa- to Freedom Act to coordinate the sites tain freedom. Two years ago, this Con- cilities that have been included in the na- and activities within the National gress overwhelmingly approved the Na- tional network. Park Service. This bill helps to com- tional Underground Railroad Network ‘‘(b) GRANT CONDITIONS.—Any grant made plete the network of the various net- to Freedom Act, legislation that joined under this section shall provide that— work sites of the Underground Rail- together for the first time the historic ‘‘(1) no change or alteration may be made sites all around the country in a net- in property for which the grant is used ex- road. cept with the agreement of the property I would like to commend again the work administered by the National owner and the Secretary; gentleman from Ohio (Mr. PORTMAN) Park Service. That legislation was a ‘‘(2) the Secretary shall have the right of for his efforts to ensure that the Un- start in promoting the preservation of access at reasonable times to the public por- derground Railroad’s legacy is pre- historic sites and increased public tions of such property for interpretive and served and enhanced for all Americans awareness of this remarkable chapter other purposes; and to study and draw inspiration from. in our Nation’s history. ‘‘(3) conversion, use, or disposal of such Mr. Speaker, I urge my colleagues to Now, before us today, Congress has property for purposes contrary to the pur- support H.R. 2919, as amended. the opportunity to build on that start poses of this Act, as determined by the Sec- retary, shall result in a right of the United Mr. Speaker, I reserve the balance of and to do more, to take the next step States to compensation equal to all Federal my time. toward preserving endangered Under- funds made available to the grantee under Mr. GEORGE MILLER of California. ground Railroad sites and toward edu- this Act. Mr. Speaker, I yield myself such time cating future generations of Americans (e) MATCHING REQUIREMENT.—The Sec- as I may consume. about this remarkable story of co- retary may obligate funds made available for (Mr. GEORGE MILLER of California operation and reconciliation. a grant under this section only if the grantee asked and was given permission to re- The legislation takes two important agrees to match, from funds derived from vise and extend his remarks.) steps: first, it authorizes limited Fed- non-Federal sources, the amount of the Mr. GEORGE MILLER of California. eral matching funds for the National grant with an amount that is equal to or greater than the grant. The Secretary may Mr. Speaker, I rise in support of this Underground Railroad Freedom Center, waive the requirement of the preceding sen- legislation by the gentleman from Ohio the National Interpretive Museum, tence with respect to a grant if the Sec- (Mr. PORTMAN). This is follow-on legis- which is being developed on the river retary determines that an extreme emer- lation to the legislation that we passed front in Cincinnati, Ohio. This is a very

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.071 pfrm02 PsN: H25PT1 H6862 CONGRESSIONAL RECORD — HOUSE July 25, 2000 exciting undertaking that takes the FREEDOM CENTER FUNDING many other sites do not qualify for inclusion on best thinking nationally, including The National Underground Railroad Free- the National Register of Historic Places be- working with the National Park Serv- dom Center will be a national education and cause the structures have been altered or may ice and working with the Smithsonian, distributive museum center located on the have deteriorated over time. and also uses state-of-the-art tech- Ohio River, scheduled to open in 2003. The We can't afford to lose any more of these nology and private sector creative re- mission of the Freedom Center will be to historic sites. And this grant money is key to sources to communicate real uplifting dramatize the Underground Railroad's stories proper recognition and preservation of the Un- Underground Railroad stories to under- of cooperation and courage to better educate derground Railroad. score the value of freedom and the im- and inspire us in our lives today. I believe preserving these sites and telling portance of cooperation. It is an exciting undertaking that is taking the story of the Underground Railroad is a Second, this legislation authorizes the best thinking nationally and using state of noble and important mission. At a time when the Department of the Interior to pro- the art technology and private sector creative the news is too often filled with stories of ra- vide funds directly to endangered or resources to communicate real, uplifting Un- cial tension and misunderstanding, we need threatened Underground Railroad sites derground Railroad stories to underscore the positive examples and hopeful role models nationwide, to ensure that these vital value of freedom and the importance of co- that encourage understanding, cooperation, historic sites will be preserved for fu- operation. Importantly, the Freedom Center is respect and reconciliation. I urge my col- ture generations. working closely with the National Park Service leagues to reaffirm their support for com- Mr. Speaker, I believe that pre- as well as the Smithsonian in developing the memorating this important part of our nation's serving these sites and telling the project. heritage by passing H.R. 2919 today. story of the Underground Railroad is a As a distributive educational museum, the Mr. HANSEN. Mr. Speaker, I yield 3 noble and very important mission. At a Freedom Center will also establish regional minutes to the gentleman from New time when the news is all too often centers, or ``freedom stations,'' in other areas York (Mr. CROWLEY). filled with stories of racial tension and of the country, especially those that are signifi- Mr. CROWLEY. Mr. Speaker, I rise in misunderstanding, we need positive ex- cant to the Underground Railroad, both in the strong support of H.R. 2919, the Na- amples and hopeful role models that North and the South. Many of these regional tional Underground Railroad Freedom encourage understanding, cooperation, centers will partner with local Underground Center Act. respect, and reconciliation. I urge my Railroad sites, linking them with other sites This bipartisan legislation, offered by colleagues to reaffirm their support across the country and disseminating informa- the gentleman from Ohio (Mr. today and to commemorate this impor- tion. PORTMAN) and the gentlewoman from tant part of our Nation’s heritage by Last year, under the able leadership of sub- Ohio (Mrs. JONES), will accomplish two passing the bill before us. committee chairman RALPH REGULA of Ohio, important goals in the preservation Mr. Speaker, I rise in strong support of H.R. Congress appropriated $1 million in initial con- and commemoration of the Under- 2919, the National Underground Railroad struction funding for the Freedom Center. The ground Railroad. Freedom Center Act. And I'd like to commend legislation we are considering today authorizes I would also like to thank the chair- my colleague from Ohio and the original co- $16 million over 4 years for construction of the man of the Committee on Resources, sponsor of this billÐSTEPHANIE TUBBS Freedom Center. I want to make it clear that the gentleman from Alaska (Mr. JONESÐfor her hard work on this bill and her this federal role is a relatively small part of the YOUNG); and the ranking member, the personal commitment to commemorating the overall funding, and all of it is subject to non- gentleman from California (Mr. history of the Underground Railroad move- Federal funds being raised. In fact, because GEORGE MILLER); for working together ment. I'd also like to thank House Resources the Freedom Center has created an innovative to forge a compromise and bring this Chairman DON OUNG Y and Ranking Member public/private partnership, the funding for this bill to the floor, a bill that meets the GEORGE MILLERÐalong with Parks Sub- initiative involves the lowest percentage of fed- needs of protecting and enshrining the committee Chairman JIM HANSEN and Ranking  eral matching funds of any of the national mu- history of the Underground Railroad. I Member CARLOS ROMERO-BARCELO, and the seums. was happy to play a minor role in mov- subcommittee and committee staffÐfor their Most other national museums have raised ing this bill through committee. support. only one-third to one-half of construction and/ This legislation will allow the cre- Mr. Speaker, the Underground Railroad was or operating from non-Federal sources. How- ation of the National Underground a system of cooperation among African-Amer- ever, the non-Federal role in the Freedom Railroad Freedom Center in Ohio. The ican slaves, free African-Americans, abolition- center will be dedicated to commu- ists and other sympathetic whites to help Center would exceed 80 percent. But I want to nicating to the public the importance slaves escape their bonds and obtain free- make the point that, though limited, these fed- of the quest for human freedom that dom. Two years ago, Congress overwhelm- eral funds are extremely important because provided the foundation for the his- ingly approved the National Underground Rail- they are used to leverage additional funds toric and inspiring story of the Under- road Network to Freedom Act, legislation that from the private sector. The Freedom Center has already raised $36 ground Railroad. joined together, for the first time, the historic Additionally, this legislation will sites of the Underground Railroad in a network million toward its goal of $90 million. And, an create a $2.5 million annual program to administered by the National Park Service. aggressive private sector funding campaign preserve and restore historic properties That legislation was a start in promoting the will provide a significant portion of the remain- associated with the Underground Rail- preservation of historic sites and increased ing $54 million. Incidentally, in addition to road throughout our Nation. The Un- public awareness of this remarkable chapter in funding for construction, technology, and ex- our nation's history. hibit design and installation, the goal of $90 derground Railroad, which consisted of Now, Congress has the opportunity to build million includes an operating endowment of a number of routes leading from deep on the Network to Freedom ActÐto take the $10 million. Southern States, like Louisiana, Mis- next step toward preserving endangered Un- PRESERVING THREATENED URR SITES sissippi and Alabama, to free States in derground Railroad sites and educating future The second key component of this legisla- the North, like Ohio, Pennsylvania, generations of Americans about this remark- tion is an authorization for the Secretary of the and my home State of New York, was able story of cooperation and reconciliation. Interior, through the Park Service, to provide made up of safe houses where slaves This legislation takes two important steps. $2.5 million annually for the preservation of who escaped could rest, get fed, and hid First, it authorizes limited matching Federal historic Underground Railroad sites nation- from those people who were seeking to funding for the National Underground Railroad wideÐparticularly endangered or threatened return them to a life of slavery. Freedom CenterÐthe national museum being sites that might otherwise be lost. The creation of the Freedom Center, developed on the riverfront in Cincinnati, Ohio. These grants would be available to any his- as well as the new Federal investment Second, it authorizes the Interior Depart- torical site that meets the criteria for inclusion in other sites involved in the history of ment to provide funds directly to endangered on the National Underground Railroad Net- the Underground Railroad, will play a or threatened Underground Railroad sites na- work to Freedom that Congress established key role in educating our diverse soci- tionwide-to ensure that these vital historic sites two years ago. ety about slavery, the origins of the will be preserved for future generations. Let Unfortunately, as community groups around abolitionist movement, and the story me talk briefly about each of those compo- the country will tell you, many Underground of African Americans in the early years nents of the bill. Railroad sites have already been lost. And, of our Republic.

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.126 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6863 Again, I am pleased that the com- Underground Railroad Network to bill he has worked so diligently on is funda- mittee has been able to work out a Freedom. As we all know and as has mental to re-discovering, preserving, and trum- compromise that will benefit our Na- been discussed previously, this is a way peting the important contribution of the Under- tion’s history and allow for the protec- to preserve and link the underground ground Railroad in chipping away at the insti- tion and preservation of many more railroad sites nationwide for the first tution of slavery. Underground Railroad sites. I ask all time within the National Park Service. I am a cosponsor of this bill, which will pro- Members to support this legislation. I am a member of the Subcommittee vide funding to establish the National Under- Mr. GEORGE MILLER of California. on Interior of the Committee on Appro- ground Railroad Freedom Center in Cincinnati, Mr. Speaker, I yield such time as she priations, and this is something that Ohio. It is important to keep in mind that only may consume to the gentlewoman from we do have concern about. 20 percent of total funding for the Freedom Ohio (Mrs. JONES). This bill is designed to protect and Center will come from the Federal Govern- (Mrs. JONES of Ohio asked and was preserve the stories and the tales and mentÐthe lion's share of funding will be from given permission to revise and extend the reality of the endangered sites of private and local sources. her remarks.) the underground railroad for future This important CenterÐthe first of its kind in Mrs. JONES of Ohio. Mr. Speaker, I generations, and we believe that it is a the nationÐwill be a clearinghouse for the rise in support of H.R. 2919. This oppor- story that should be told for future education, collection, and dissemination of in- tunity is of particular significance be- generations. formation on the Underground Railroad. cause today one of the finest gentle- Last week, I joined Mr. DAVIS and The Underground Railroad spanned 29 men of the House, a true statesman, Mr. LEWIS and the gentleman from states, and is known for its role in the mid- my predecessor, the gentleman from Oklahoma (Mr. WATTS) to make an an- 1800s movement of enslaved African Ameri- Ohio, the Honorable Louis Stokes, is nouncement about a resolution that we cans seeking freedom from bondage in the on the floor. And it is significant that have urging the Speaker of the House South. For the slaves who had the courage I have the opportunity to continue his to name a study committee to make and determination to free themselves, the Un- legacy by having an opportunity to recommendations on how this House derground Railroad network provided shelter, speak on legislation that was part of can commemorate the fact that the food, supplies, transport, and discretion, which his original work here in the House of United States Capitol was partially was invaluable during the dangerous journey Representatives, the underground rail- built with slave labor, 400 slaves to be to freedom. road. exact. The history of the Underground Railroad I want to thank the gentleman from As we in this country get together to tells a story of strong determination of those Alaska (Mr. YOUNG), the gentleman reconcile racial differences, I believe who were dedicated to the freedom of a peo- from California (Mr. GEORGE MILLER), an important component is to talk ple. and the gentleman from Ohio (Mr. about our mutual history. It does seem It also tells a story of very special collabora- PORTMAN) for their hard work and dedi- like we have carefully, for many years, tions between people of diverse racial, cul- cation. The Freedom Center Act will many decades, side stepped the issue of tural, and religious backgrounds. Without mod- help establish the National Under- slavery in the construction of this ern methods of communicationÐtelephones, ground Railroad Freedom Center in great country. In Georgia, for example, faxes, or the InternetÐmany peopleÐAfricans, Cincinnati, Ohio. The goal of the cen- where I am from, Savannah, Georgia, Caucasians, Native Americans, and Quak- ter is to preserve and promote the leg- 1733, when it was founded, slavery was ersÐbanded together for a greater good: to acy of the underground railroad. The against the law, but as time pro- provide freedom to some, and to end the core feature will be its preservation of gressed, economic pressure brought in abomination of slavery for all. stories of the underground railroad in slavery. Yet, as I look back to the his- These people risked their lives on a daily an interactive state of the art tech- tory of my great State and the other basis to seek freedom or assist in helping oth- nology link to existing underground States, certainly along the East Coast ers find it. It is estimated that in the 20 years railroad sites. and then many as we expanded West, prior to the Civil War, upwards of 40,000 The freedom center’s mission is to slaves were there helping build our slaves escaped bondage via the Underground educate the public about the historic country, all the way. Railroad. struggle to abolish human slavery and So I do not think we should be afraid Because of the nearly silent legacy of the secure freedom for all people. The mu- to discuss this. I do not think it should people who passed through the Underground seum will be the first of its kind in the be side stepped. I think we owe it to Railroad and provided assistance to freedom- Nation and Cincinnati is an ideal loca- Americans, African Americans, Native seeking slaves, this Center is vital to recon- tion because of its prominence in the Americans, Asian, Hispanic, white and structing and communicating the significance underground railroad movement. black together to discuss this. I think of the Underground Railroad. To preserve the legacy of the under- it is something that we owe to our so- As a ``distributive educational museum,'' an ground railroad, it is important that ciety. additional mission of the Freedom Center will we think back, that some estimates So I am a supporter of this legisla- be to establish regional centers, or ``freedom say 40,000 slaves escaped via the rail- tion, because it is long since that we stations.'' road system in 22 States. According to are saying let us go back and honor the In my district in northeast Indiana, we have the Ohio Humanities Council, Ohio has social and humanitarian movement to been working to identify and protect numerous more underground railroad lines than resist slavery in the United States sites in Steuben, Allen and Noble Counties. any other State, numbering almost 150 prior to the Civil War and this, of Carl Wilson has been working with a re- sites. course, was not something that just gional group in Ft. Wayne for two years. Carl H.R. 2919 supports this collaborative happened for a short period of time but and I have also worked with the Steuben by, among other things, making grants went on for many years from about the County group as well. A key stop on the Un- for the preservation and restoration of 1830’s to 1865. derground Railroad may become a key point historic buildings or structures associ- It spanned more than 22 States and of a new bike trail in Angola, Indiana. We ated with the underground railroad crossed all the way into the Mexican have been pleased to work with the Cincinnati across this Nation. and Canadian borders. museum in these efforts. I rise today to build upon the work of Mr. Speaker, I believe that if we have I believe one of the greatest challenges will the Honorable Louis Stokes and the a National Underground Railroad Free- be to distinguish between alleged and genuine gentleman from Ohio (Mr. PORTMAN) dom Center, it will help educate the Underground Railroad sites. Many of these al- and I thank my colleagues for this op- public about the human struggle to leged sites have been identified through the portunity to be heard. abolish slavery and secure the freedom decades by local folkloreÐoral histories, notes Mr. HANSEN. Mr. Speaker, I yield of all people. So I am a supporter of it found in family Bibles, and other unofficial such time as he may consume to the and I urge Members of the House to documentation. gentleman from Georgia (Mr. KING- vote for it. To complicate the identification process, STON). Mr. SOUDER. Mr. Speaker, I rise today to many of these sites are in significant decay or Mr. KINGSTON. Mr. Speaker, I rise urge support for this bill sponsored by my are no longer known as part of Underground in support of H.R. 2919, the National friend, the gentleman from Ohio. I believe the Railroad network.

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00085 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.127 pfrm02 PsN: H25PT1 H6864 CONGRESSIONAL RECORD — HOUSE July 25, 2000 These sites will need to be systematically (4) the improvement of management effi- (3) the parcel comprising approximately reviewed and scientifically established. ciency through the land tenure adjustment 726 acres located in Morrow Country, Oregon, Then, these sites should be linked together program of the Department of the Interior, within the Baker Resource Area of the Vale to provide Americans with a ``holistic'' ap- which disposes of small isolated tracts hav- District of Land Management, as generally ing low public resource values within larger depicted on the map; and proach to visiting and studying Underground blocks of contiguous parcels of land, would (4) the parcel comprising approximately Railroad locations. It is my understanding that serve important public objectives, 1,015 acres located in Umatilla County, Or- the Freedom Center will assist in identifying including— egon, within the Baker Resource Area in the nearly 60 Freedom Stations across America (A) the enhancement of public access, aes- Vale District of the Bureau of Land Manage- by 2003. thetics, and recreation opportunities within ment, as generally depicted on the map. The history of the Underground Railroad is or adjacent to designated wild and scenic (c) PRIVATE LANDS TO BE ACQUIRED.—The not only fundamental to understand the history river corridors; parcel of private lands to be conveyed by the of African Americans in this nation, the anti- (B) the protection and enhancement of appropriate identified landowners to the Sec- habitat for threatened, endangered, and sen- retary are as follows: slavery movement, and the Civil War, it is also sitive species within unified landscapes (1) the parcel comprising approximately fundamental to truly understand the signifi- under Federal management; and 31,646 acres located in Grant County, Oregon, cance of the cornerstone tenant of this nation: (C) the consolidation of holdings of the Bu- within the Central Oregon Resource Area in freedom. reau of Land Management and the Forest the Prineville District of the Bureau of Land This Center will educate and remind all of Service— Management, as generally depicted on the us about the long and winding path we have (i) to facilitate more efficient administra- map; taken in America to achieve the goal of free- tion, including a reduction in administrative (2) the parcel comprising approximately dom for all. costs to the United States; and 1,960 acres located in Morrow County, Or- I urge my colleagues to support this very (ii) to reduce right-of-way, special use, and egon, within the Baker Resource Area in the other permit processing and issuance for Vale District of the Bureau of Land Manage- important bill to provide funding for the Free- roads and other facilities on Federal land; ment, as generally depicted on the map; and dom Center in Cincinnati. Thank you. (5) time is of the essence in completing a (3) the parcel comprising approximately Mr. HANSEN. Mr. Speaker, I yield land exchange because further delays may 10,544 acres located in Umatilla County, Or- back the balance of my time. force the identified landowners to construct egon, within the Baker Resource Area in the The SPEAKER pro tempore. The roads in, log, develop, or sell the private land Vale District of the Bureau of Land Manage- question is on the motion offered by and thereby diminish the public values for ment, as generally depicted on the map. the gentleman from Utah (Mr. HANSEN) which the private land is to be acquired; and SEC. 5. FOREST SERVICE—TRIANGLE LAND EX- that the House suspend the rules and (6) it is in the public interest to complete CHANGE. pass the bill, H.R. 2919, as amended. the land exchanges at the earliest prac- (a) IN GENERAL.—Upon the request of ticable date so that the land acquired by the Clearwater, on behalf of the appropriate The question was taken. United States can be preserved for— Mr. HANSEN. Mr. Speaker, on that I identified landowners, the Secretary of Agri- (A) protection of threatened and endan- culture shall exchange the Federal lands de- demand the yeas and nays. gered species habitat; and scribed in subsection (b) for the private lands The yeas and nays were ordered. (B) permanent public use and enjoyment. described in subsection (c), as provided in The SPEAKER pro tempore. Pursu- SEC. 3. DEFINITIONS. section 6. ant to clause 8 of rule XX and the As used in this Act— (b) FOREST SERVICE LANDS TO BE CON- Chair’s prior announcement, further (1) the term ‘‘Clearwater’’ means Clear- VEYED.—The National Forest System lands proceedings on this motion will be water Land Exchange—Oregon, an Oregon to be conveyed by the Secretary to the ap- postponed. partnership that signed the document enti- propriate identified landowners comprise ap- proximately 3,901 acres located in Grant and f tled ‘‘Assembled Land Exchange Agreement between the Bureau of Land Management Harney Counties, Oregon, within the OREGON LAND EXCHANGE ACT OF and Clearwater Land Exchange—Oregon for Malheur National Forest, as generally de- 2000 the Northeast Oregon Assembled Lands Ex- picted on the map. change, OR 51858,’’ dated October 30, 1996, (c) PRIVATE LANDS TO BE ACQUIRED.—The Mr. HANSEN. Mr. Speaker, I move to and the document entitled ‘‘Agreement to parcels of private lands to be conveyed by suspend the rules and pass the Senate initiate’’ with the Forest Service, dated June the appropriate identified landowners to the bill (S. 1629) to provide for the ex- 30, 1995, or its successors or assigns; Secretary are as follows: change of certain land in the State of (2) the term ‘‘identified landowners’’ means (1) the parcel comprising approximately Oregon. private landowners identified by Clearwater 3,752 acres located in Grant and Harney The Clerk read as follows: and willing to exchange private land for Fed- Counties, Oregon, within the Malheur Na- eral land in accordance with this Act; tional Forest, as generally depicted on the S. 1629 (3) the term ‘‘map’’ means the map entitled map; Be it enacted by the Senate and House of Rep- ‘‘Northeast Oregon Assembled Land Ex- (2) the parcel comprising approximately resentatives of the United States of America in change/Triangle Land Exchange’’, dated No- 1,702 acres located in Baker and Grant Coun- Congress assembled, vember 5, 1999; and ties, Oregon, within the Wallowa-Whitman SECTION 1. SHORT TITLE. (4) the term ‘‘Secretary’’ means the Sec- National Forest, as generally depicted on the This Act may be cited as the ‘‘Oregon Land retary of the Interior or the Secretary of Ag- map; and Exchange Act of 2000’’. riculture, as appropriate. (3) the parcel comprising approximately SEC. 2. FINDINGS. SEC. 4. BLM—NORTHEAST OREGON ASSEMBLED 246 acres located in Grant and Wallowa Congress finds that— LAND EXCHANGE. Counties, Oregon, within or adjacent to the (1) certain parcels of private land located (a) IN GENERAL.—Upon the request of Umatilla National Forest, as generally de- in northeast Oregon are intermingled with Clearwater, on behalf of the appropriate picted on the map. land owned by the United States and identified landowners, the Secretary of the SEC. 6. LAND EXCHANGE TERMS AND CONDI- administered— Interior shall exchange the Federal lands de- TIONS. (A) by the Secretary of the Interior as part scribed in subsection (b) for the private lands (a) IN GENERAL.—Except as otherwise pro- of the Central Oregon Resource Area in the described in subsection (c), as provided in vided in this Act, the land exchanges imple- Prineville Bureau of Land Management Dis- section 6. mented by this Act shall be conducted in ac- trict and the Baker Resource Area in the (b) BLM LANDS TO BE CONVEYED.—The par- cordance with section 206 of the Federal Vale Bureau of Land Management District; cels of Federal lands to be conveyed by the Land Policy and Management Act (43 U.S.C. and Secretary to the appropriate identified land- 1716) and other applicable laws. (B) by the Secretary of Agriculture as part owners are as follows: (b) MULTIPLE TRANSACTIONS.—The Sec- of the Malheur National Forest, the (1) the parcel comprising approximately retary of the Interior and the Secretary of Wallowa-Whitman National Forest, and the 45,824 acres located in Grant County, Oregon, Agriculture may carry out a single or mul- Umatilla National Forest; within the Central Oregon Resource Area in tiple transactions to complete the land ex- (2) the surface estate of the private land the Prineville District of the Bureau of Land changes authorized in this Act. described in paragraph (1) is intermingled Management, as generally depicted on the (c) COMPLETION OF EXCHANGES.—Any land with parcels of land that are owned by the map; exchange under this Act shall be completed United States or contain valuable fisheries (2) the parcel comprising approximately not later than 90 days after the Secretary and wildlife habitat desired by the United 2,755 acres located in Wheeler County, Or- and Clearwater reach an agreement on the States; egon, within the Central Oregon Resource final appraised values of the lands to be ex- (3) the consolidation of land ownerships Area in the Prineville District of the Bureau changed. will facilitate sound and efficient manage- of Land Management, as generally depicted (d) APPRAISALS.—(1) The values of the ment for both public and private lands; on the map; lands to be exchanged under this Act shall be

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.121 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6865 determined by appraisals using nationally habitat, and for public recreation. The Sec- gentleman from Oregon (Mr. WALDEN) recognized appraisal standards, including as retary may permit other authorized uses who has done yeoman’s work on this appropriate— within the subwatershed if the Secretary de- issue in the House. (A) the Uniform Appraisal Standards for termines, through the appropriate land use The issue has been before the House Federal Land Acquisitions (1992); and planning process, that such uses are con- for nearly a year. There have been a se- (B) the Uniform Standards of Professional sistent with, and do not diminish these man- Appraisal Practice. agement purposes. ries of administrative actions that go (2) To ensure the equitable and uniform ap- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. back several years regarding these pro- praisal of the lands to be exchanged under There is authorized to be appropriated posed exchanges. this Act, all appraisals shall determine the such sums as may be necessary to carry out b 1545 best use of the lands in accordance with the this Act. In October of 1999, the subcommittee law of the State of Oregon, including use for The SPEAKER pro tempore. Pursu- the protection of wild and scenic river char- held a hearing on the issue, and in acteristics as provided in the Oregon Admin- ant to the rule, the gentleman from April of this year the bill was marked istrative Code. Utah (Mr. HANSEN) and the gentleman up. Before the hearing and before the (3)(A) all appraisals of lands to be ex- from Oregon (Mr. DEFAZIO) each will markup, I and my staff made extensive changed under this Act shall be completed, control 20 minutes. inquiries of knowledgeable environ- reviewed and submitted to the Secretary not The Chair recognizes the gentleman mental groups throughout Oregon to later than 90 days after the date Clearwater from Utah (Mr. HANSEN). requests the exchange. see what concerns they might have re- Mr. HANSEN. Mr. Speaker, I yield garding the legislation and what (B) Not less than 45 days before an ex- myself such time as I may consume. change of lands under this Act is completed, changes they might like to see. What I Mr. Speaker, S. 1629, sponsored by a comprehensive summary of each appraisal heard back, for the most part, was the for the specific lands to be exchanged shall Senators SMITH and WYDEN of Oregon, benefits of the exchange, particularly be available for public inspection in the ap- and the gentleman from Oregon (Mr. along the north fork of the John Day. propriate Oregon offices of the Secretary, for WALDEN) on the House side, would fa- No one, until quite recently, came for- a 15-day period. cilitate two exchanges of public and ward with specific objections to spe- (4) After the Secretary approves the final private lands in Oregon: the Triangle appraised values of any parcel of the lands to cific parcels involved as a small subset Land Exchange in the Northeast Or- of the entire exchange. It is unfortu- be conveyed under this Act, the value of such egon Assembled Land Exchange. parcel shall not be reappraised or updated nate that those concerns were raised so before the completion of the applicable land Approximately 54,000 acres of BLM late in the process. exchange, except for any adjustments in and Forest Service land is proposed to In general, the legislation identifies value that may be required under subsection be traded for nearly 50,000 acres cur- isolated parcels of publicly owned (e)(2). rently held by private ownership in lands in eastern Oregon. I have spent (e) EQUAL VALUE LAND EXCHANGE.—(1)(A) northeast Oregon. The value of the some time looking at the maps; and it The value of the lands to be exchanged under lands exchanged will be the same or this Act shall be equal, or if the values are is quite a dispersed ownership, much of equalized by cash payments to the Sec- it really public islands surrounded by not equal, they shall be equalized in accord- retaries. The proposed exchange has ance with section 206(b) of the Federal Land private land, in particular a large Policy and Management Act (43 U.S.C. been proceeding under administrative block of lands along the north fork of 1716(b)) or this subsection. process for 41⁄2 years with a variety of the John Day River, which is critical (B) The Secretary shall retain any cash delays along the way. The bill creates salmon habitat, and other private equalization payments received under sub- a legislative resolution to the ex- inholdings to allow the Forest Service paragraph (A) to use, without further appro- change. and the BLM to block up their holdings priation, to purchase land from willing sell- Both the government and the public in the public arena. ers in the State of Oregon for addition to have interest in this exchange. Federal lands under the administration of the Bu- The bill is supported by Oregon reau of Land Management or the Forest agencies will acquire sensitive river Trout, the Native Fish Society, and the Service, as appropriate. corridors which will improve the effi- governor of Oregon. I contacted the Or- (2) If the value of the private lands exceeds ciency of their protection efforts for egon Natural Resources Council, the the value of the Federal lands by 25 percent threatened and endangered fish. Com- Oregon Natural Desert Association, or more, Clearwater, after consultation with munities and landowners will benefit and the Sierra Club during consider- the affected identified landowners and the from these exchanges because the con- ation. They did support the Forest Secretary, shall withdraw a portion of the solidation of ownership patterns and Service preferred alternative for the private lands necessary to equalize the val- the release of previously inaccessible Northeast Oregon Assembled Land Ex- ues of the lands to be exchanged. (3) If any of the private lands to be ac- forest lands will boost local economies change, which is part of the legislation. quired do not include the rights to the sub- and enhance the ability of the private It is very complex legislation and in- surface estate, the Secretary may reserve sector to manage its own lands. cludes other exchanges. the subsurface estate in the Federal lands to The land exchanges have received the As I said earlier, I have heard some be exchanged. strong collective support of several Or- concerns very recently from a number (f) LAND TITLES.—(1) Title to the private egon Indian tribes, conservation groups of people who reside in the district of lands to be conveyed to the Secretary shall such as the Oregon Natural Desert As- the gentleman from Oregon (Mr. WAL- be in a form acceptable to the Secretary. DEN) raising concerns. In general, I am (2) The Secretary shall convey all right, sociation, Oregon Trout and the Sierra title, and interest of the United States in the Club, the Governor and scores of con- skeptical of land exchanges. When I Federal lands to the appropriate identified cerned citizens at large. was first here, I opposed a land ex- landowners, except to the extent the Sec- Mr. Speaker, I commend the gen- change proposed by the chairman of retary reserves the subsurface estate under tleman from Oregon (Mr. WALDEN) for the Committee on Resources, joining subsection (c)(2). his tireless efforts to bring this bill to with the gentleman from California (g) MANAGEMENT OF LANDS.—(1) Lands ac- the floor. His constituents are lucky to (Mr. MILLER) and very few others on quired by Secretary of the Interior under have someone of his caliber rep- the committee to oppose that, because this Act shall be administered in accordance we did not believe the public was get- with sections 205(c) of the Federal Land Pol- resenting their interest. icy and Management Act (43 U.S.C. 1715(c)), I urge my colleagues to support S. ting full value. I have, in my district, and lands acquired by the Secretary of Agri- 1629. put great emphasis in scrutinizing any culture shall be administered in accordance Mr. Speaker, I reserve the balance of proposals for even minor land ex- with sections 205(d) of such Act (43 U.S.C. my time. changes. 1715(d)). Mr. DEFAZIO. Mr. Speaker, I yield This is a large exchange; and all I can (2) Lands acquired by the Secretary of the myself such time as I may consume. do in part is rely upon the governor, Interior pursuant to section 4 which are Mr. Speaker, I am rising on the issue the advocates, like Oregon Trout and within the North Fork of the John Day sub- of S. 1629, the Oregon Land Exchange Native Fish Society, the environ- watershed shall be administered in accord- ance with section 205(c) of the Federal Land Act. As the gentleman from Utah (Mr. mental groups that are the most Policy and Management Act (43 U.S.C. HANSEN) stated, it is a bill that has knowledgeable of the area about the 1715(c)), but shall be managed primarily for come to us from the Senate sponsored benefits, and try to weigh those bene- the protection of native fish and wildlife by Senators SMITH and WYDEN and the fits against what I am told are some

VerDate 25-JUL-2000 05:54 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.085 pfrm02 PsN: H25PT1 H6866 CONGRESSIONAL RECORD — HOUSE July 25, 2000 detrimental exchanges on isolated par- same date he told us that he was not aware with us that no Rudio Mountain public land cels. that the Congressional Bill maps were dif- would ever be traded for land anywhere else Unfortunately, I believe that at this ferent from those of the PHASE 1 maps of except for on Rudio Mountain. In (H.R. 2950) point we cannot fix what minor prob- the FEIS, furthermore, he told us once again over 8000 acres of the very best public land lems might result, and we are threat- the same information that he had told to on Rudio Mountain will be forfeited in ex- Jessica Hamilton. He kept insisting it was change for logged over land hundreds of ened with harvest along the north fork true until we told him that we had docu- miles from Rudio Mountain. of the John Day this summer or next ments in our possession to prove him wrong. Attached hereto as EXHIBIT A is a letter fall if this exchange does not go for- He firmly denied sending us anything at that we sent to Jessica Hamilton to assist ward. The owners there have withheld which point we reminded him that we had a her in researching our concerns. EXHIBIT A harvest for 3 or 4 years, and now this map that he had outlined for us and other outlines some of the parcels of public land year went in and actually marked trees correspondence from him and that we were that we are concerned with. going to the State Director regarding certain Will you stand by while hundreds of people along the north fork, and I do know of are deceived through this Congressional the benefits and I am very familiar matters. At this point he admitted that sev- eral thousand acres of PHASE 2 Rudio Moun- Land Exchange. Will you stand by and let with that area. tain public land had been put into the Con- some of the most beautiful, untouched land The ranking member has recently re- gressional trade because it contained Old- in the State of Oregon be put into the con- vealed a report from the GAO which Growth Timber. He told us not to worry trol of a third party facilitator whose only goes to the issue of land exchanges and about it because the BLM was opposed to interest is to reap outlandish profits by plac- problems with land exchanges; and I disposing of any Rudio Mountain land and ing the public land into the hands of private am hopeful that my efforts and the ef- even if Congress passed the Bill the BLM parties and the Old-Growth Timber into the forts of other members of the Oregon definitely would not allow those parcels to hands of private industries. Rudio Mountain be traded away and that the NEPA process public lands contain some of the best critical delegation, the resource agencies in- wildlife habitat and outstanding Old-Growth volved, and the interest groups that had not been completed on those parcels so BLM could not get rid of them even if Con- left in the State of Oregon. This valuable have scrutinized this have prevented gress passed the Bill. Talk about being led habitat in harmony with other things is re- any of those problems from recurring down the garden path! Shortly after this sponsible for producing and maintaining in this particular legislation. conversation this public official put in a call some of the best quality and wholesome Mr. Speaker, I would again, although to Jessica Hamilton to clarify certain mat- wildlife in the Western States. unfortunately it comes very late in the ters. I have not had the opportunity to dis- We can not afford to lose these treasures. process, I would enter the letter from cuss the matter with Jessica to see exactly We have walked these lands and forests for decades and our love for this land, for the the Friends of Rudio Mountain, Inc., what he clarified. Our second major concern is that the pub- forests and the wildlife is overflowing. To into the RECORD at this point in time lic lands involved do not meet the require- take such simple yet important pleasures raising their concerns about that par- ments of the Congressional Bill. (H.R. 2950) is from us would be heartbreaking. ticular aspect of the exchange: defeating the purpose for land trades in Or- Once again we ask you to stand with us FRIENDS OF RUDIO MOUNTAIN, INC. egon. The agencies are not disposing of iso- and stop this land exchange. In closing this Forest Grove, OR, July 20, 2000. lated parcels of public land as they would letter we have two requests. First, please Representative PETER DEFAZIO, like the public to believe. (H.R. 2950) will dis- consider the facts that we have set forth, RHOB, Washington, DC. pose of large parcels of public land that are second, please take one minute to look deep DEAR PETER DEFAZIO: We are writing adjacent to other public land, for example, into our hearts before you make any deci- today with new and extremely important in- (SEE MAP 4), T12S R28E, Parcels 117B— sions for our future and those that will come formation that you should be informed of re- 139A—139B, (consisting of about 1500 acres), after us, who shall one day yearn to walk garding the Oregon Land Exchange Act of T12S R29E, Parcel 145, T12S R30E, Parcel through the special places where we walk 2000 (HR2950). The following new information 150A, (about 600 acres surrounded by public today. Thank you. gives the public moral grounds to ask you to land and adjoining a major highway), to Very truly yours, stop all legislation regarding The Oregon name just a few examples. Parcels like this KATHLEEN R. KIDWELL, Land Exchange Act Of 2000 (HR2950). have been targeted because they contain Old- For Friends of Rudio Our first concern is that misleading infor- Growth Timber. These public lands are cur- Mountain, Inc., & mation has kept the public in the dark. We rently being utilized by the public at large. Others In Opposition want to make it clear that Prineville Dis- To call them isolated or hard to manage is To The Land Ex- trict BLM officials have told us from the extremely misleading. In this same locale changes. start that the Congressional Trade (HR2950) many parcels that are in fact isolated with Mr. Speaker, I reserve the balance of followed PHASE 1 of the NOALE Land Ex- no public access have been skipped over as change. We were told that the maps in the my time. they contain no Old-Growth Timber. In some Mr. HANSEN. Mr. Speaker, I yield 5 FEIS for the NOALE were the same as the areas small portions of large blocks of public maps that you are using for The Oregon land have been marked for disposal. Why minutes to the gentleman from Oregon Land Exchange Act. This is not the truth. would the agencies want to break apart large (Mr. WALDEN), who has done a remark- Two weeks ago we received a set of the parcels when they could offer parcels that able job on this piece of legislation and maps that outline the lands involved in are truly small, isolated and separated from actually has a companion bill with this (HR2950). Our group and many other special larger tracts. The answer is crystal clear, Senate bill we are considering, H.R. interest groups were not aware that entirely they contain no Valuable Old-Growth Tim- 2950. different maps were involved or that certain ber. Mr. WALDEN of Oregon. Mr. Speak- public lands of such high value in critical Our third concern is that we have been in- er, I appreciate the gentleman’s yield- areas were being disposed of in (HR2950) until volved in public meetings with the agencies we reviewed maps 1 through 6. Had we known regarding the NOALE exchange from the ing to me and his hard work on this that the Congressional Trade was based on a very beginning. The original EIS and FEIS legislation. I thank him for his time different set of maps and that it intended to for the NOALE exchange concerned only and help on it. dispose of parcels of public land not set for public lands that were marked for PHASE 1 I want to thank the gentleman from disposal in PHASE 1 of NOALE we would of the process but it also listed lands that Oregon (Mr. DEFAZIO) as well, with have offered stormy opposition and this Bill were being considered for a PHASE 2 ex- whom I have worked on this and sev- would most likely have died at the onset. We change. PHASE 2 public land consisted main- eral other pieces of legislation in this are certain that if the true clear picture ly of high value Old-Growth habitat and crit- session in a partnership that I think would have been laid out the Bill would not ical wildlife habitat in the vicinity of Rudio have had any supporters. Mountain. We have corresponded with the benefits all of our constituents in Or- Please note that on July 19th Jessica Ham- BLM regarding Rudio Mountain Lands for a egon. We need to continue to work to ilton from Congressman David Wu’s office number of years. BLM officials have always move all those bills through the proc- spoke with one of the public officials that assured us both verbally and in writing that ess and down to the President’s desk. has been involved from the start with the they would never trade any land in the vicin- I also want to thank the chairman of NOALE exchange and (HR2950). During her ity of Rudio Mountain unless they could gain the full committee, the gentleman conversation with him he told her the same private land on Rudio Mountain that would from Alaska (Mr. YOUNG), and others misleading information that we had been led block up to other public land that would ben- who have worked in a bipartisan effort to believe. He firmly told her that he was not efit the public. aware of any Rudio Mountain land at all Some time ago former Congresswoman on this compromise legislation, includ- that was involved in the Congressional Bill Elizabeth Furse and former Senator Mark ing our Oregon Senators, Senator and that he was certain that no public land Hatfield forwarded over 100 statements from WYDEN and Senator SMITH. defined as Phase 2 Disposal Parcels in the individual people to the BLM addressing this The reason this bill passed unani- FEIS were involved in (H.R. 2950). On this very issue. The BLM had a firm agreement mously out of the Senate and the

VerDate 25-JUL-2000 05:54 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.131 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6867 House Committee on Resources is be- b 1600 biological, cultural, recreational, geological, educational, and scientific values found in cause people know it is good for the en- SANTA ROSA AND SAN JACINTO vironment and good for the people. It the Santa Rosa and San Jacinto Mountains MOUNTAINS NATIONAL MONU- and to secure now and for future generations will add 541⁄2 miles of threatened and MENT ACT OF 2000 the opportunity to experience and enjoy the endangered species habitat for Bull magnificent vistas, wildlife, land forms, and Trout, Chinook Salmon, Mid-Columbia Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the bill natural and cultural resources in these Steelhead, and Westslope Cutthroat mountains and to recreate therein, there is 1 (H.R. 3676) to establish the Santa Rosa Trout. It will add over 71 ⁄2 miles of ri- hereby designated the Santa Rosa and San parian zones under Federal manage- and San Jacinto Mountains National Jacinto Mountains National Monument (in ment. It will increase public land hold- Monument in the State of California, this Act referred to as the ‘‘National Monu- ings within the Wild and Scenic River as amended. ment’’). System corridors by over 1,300 acres. It The Clerk read as follows: (c) BOUNDARIES.—The National Monument will increase commercial forest land H.R. 3676 shall consist of Federal lands and Federal in- Be it enacted by the Senate and House of Rep- terests in lands located within the bound- under management by Federal agencies aries depicted on a series of 24 maps entitled by more than 5,218 acres. resentatives of the United States of America in Congress assembled, ‘‘Boundary Map, Santa Rosa and San Jacinto And as we have heard already, it is National Monument’’, 23 of which are dated supported by Oregon’s Democrat Gov- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. May 6, 2000, and depict separate townships ernor John Ktizhaber, Oregon Trout, (a) SHORT TITLE.—This Act may be cited as and one of which is dated June 22, 2000, and Oregon Trout Unlimited, Native Fish the ‘‘Santa Rosa and San Jacinto Mountains depicts the overall boundaries. National Monument Act of 2000’’. (d) LEGAL DESCRIPTIONS; CORRECTION OF Society, the Confederated Tribes of the (b) TABLE OF CONTENTS.—The table of con- ERRORS.— Warm Springs, and the Umatilla Res- tents of this Act is as follows: ervations, to name just a few. (1) PREPARATION AND SUBMISSION.—As soon Sec. 1. Short title; table of contents. as practicable after the date of the enact- Mr. Speaker, this stack of documents Sec. 2. Establishment of Santa Rosa and San I have in this box next to me, which I ment of this Act, the Secretary of the Inte- Jacinto Mountains National rior shall use the map referred to in sub- will not dump out on the table, but cer- Monument, California. section (c) to prepare legal descriptions of tainly could, weighs more than 13 Sec. 3. Management of Federal lands in the the boundaries of the National Monument. pounds. It is some 5 years’ worth of Na- National Monument. The Secretary shall submit the resulting Sec. 4. Development of management plan. tional Environmental Protection Act legal descriptions to the Committee on Re- Sec. 5. Existing and historical uses of Fed- sources and the Committee on Agriculture of processes and failed time lines in an at- eral lands included in Monu- the House of Representatives and to the tempt to execute this exchange admin- ment. Committee on Energy and Natural Resources istratively. We have seen two U.S. For- Sec. 6. Acquisition of land. est Service environmental impact as- Sec. 7. Local advisory committee. and the Committee on Agriculture, Nutri- sessments, a draft EIS for the Triangle Sec. 8. Authorization of appropriations. tion, and Forestry of the Senate. (2) LEGAL EFFECT.—The map and legal de- SEC. 2. ESTABLISHMENT OF SANTA ROSA AND Exchange, draft EIS and final EIS for scriptions of the National Monument shall the Northeast Assembled Land Ex- SAN JACINTO MOUNTAINS NA- TIONAL MONUMENT, CALIFORNIA. have the same force and effect as if included change; we have had official consulta- (a) FINDINGS.—Congress finds the fol- in this Act, except that the Secretary of the tion with all four impacted native lowing: Interior may correct clerical and typo- American tribes, each of which sup- (1) The Santa Rosa and San Jacinto Moun- graphical errors in the map and legal de- ports the exchanges; and had formal tains in southern California contain nation- scriptions. The map shall be on file and consultation with and concurrence by ally significant biological, cultural, rec- available for public inspection in appropriate the National Marine Fisheries and U.S. reational, geological, educational, and sci- offices of the Bureau of Land Management Fish and Wildlife Service. entific values. and the Forest Service. This bill goes so far as to take the (2) The magnificent vistas, wildlife, land SEC. 3. MANAGEMENT OF FEDERAL LANDS IN BLM and the Forest Service’s preferred forms, and natural and cultural resources of THE NATIONAL MONUMENT. (a) BASIS OF MANAGEMENT.—The Secretary alternatives from these 5 years of these mountains occupy a unique and chal- lenging position given their proximity to of the Interior and the Secretary of Agri- NEPA processes and includes the pre- highly urbanized areas of the Coachella Val- culture shall manage the National Monu- ferred alternatives in this act. ley. ment to protect the resources of the Na- Mr. Speaker, this is a sound environ- (3) These mountains, which rise abruptly tional Monument, and shall allow only those mental bill, providing sought-after from the desert floor to an elevation of 10,802 uses of the National Monument that further Federal management of these vital feet, provide a picturesque backdrop for the purposes for the establishment of the Na- salmon and steelhead streams. We can- Coachella Valley communities and support tional Monument, in accordance with— not afford to allow these exchanges to an abundance of recreational opportunities (1) this Act; fall apart due to bureaucratic failings that are an important regional economic re- (2) the Federal Land Policy and Manage- and an increased hypersensitivity to source. ment Act of 1976 (43 U.S.C. 1701 et seq.); (4) These mountains have special cultural (3) the Forest and Rangeland Renewable land exchanges both good and bad. value to the Agua Caliente Band of Cahuilla Resources Planning Act of 1974 (16 U.S.C. 1600 Mr. Speaker, I share my colleague’s Indians, containing significant cultural et seq.) and section 14 of the National Forest concerns about land exchanges and will sites, including village sites, trails, Management Act of 1976 (16 U.S.C. 472a); and continue to vigorously review them as petroglyphs, and other evidence of their hab- (4) other applicable provisions of law. they come before this body to make itation. (b) ADMINISTRATION OF SUBSEQUENTLY AC- sure the public gets its due in any ex- (5) The designation of a Santa Rosa and QUIRED LANDS.—Lands or interests in lands changes that may be proposed. San Jacinto Mountains National Monument within the boundaries of the National Monu- Mr. DEFAZIO. Mr. Speaker, I have no by this Act is not intended to impact upon ment that are acquired by the Bureau of further requests for time, and I yield existing or future growth in the Coachella Land Management after the date of the en- back the balance of my time. Valley. actment of this Act shall be managed by the Secretary of the Interior. Lands or interests Mr. HANSEN. Mr. Speaker, I have no (6) Because the areas immediately sur- rounding the new National Monument are in lands within the boundaries of the Na- further requests for time, and I yield densely populated and urbanized, it is antici- tional Monument that are acquired by the back the balance of my time. pated that certain activities or uses on pri- Forest Service after the date of enactment of The SPEAKER pro tempore (Mr. vate lands outside of the National Monument this Act shall be managed by the Secretary SUNUNU). The question is on the mo- may have some impact upon the National of Agriculture. tion offered by the gentleman from Monument, and Congress does not intend, di- (c) PROTECTION OF RESERVATION, STATE, Utah (Mr. HANSEN) that the House sus- rectly or indirectly, that additional regula- AND PRIVATE LANDS AND INTERESTS.—Noth- pend the rules and pass the Senate bill, tions be imposed on such uses or activities as ing in the establishment of the National S.1629. long as they are consistent with other appli- Monument shall affect any property rights of The question was taken; and (two- cable law. any Indian reservation, any individually held (7) The Bureau of Land Management and trust lands, any other Indian allotments, thirds having voted in favor thereof) the Forest Service should work coopera- any lands or interests in lands held by the the rules were suspended and the Sen- tively in the management of the National State of California, any political subdivision ate bill was passed. Monument. of the State of California, any special dis- A motion to reconsider was laid on (b) ESTABLISHMENT AND PURPOSES.—In trict, or the Mount San Jacinto Winter Park the table. order to preserve the nationally significant Authority, or any private property rights

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within the boundaries of the National Monu- (3) WINTER PARK AUTHORITY.—The manage- (f) MAINTENANCE OF ROADS, TRAILS, AND ment. Establishment of the National Monu- ment plan shall consider the mission of the STRUCTURES.—In the development of the ment shall not grant the Secretary of the In- Mount San Jacinto Winter Park Authority management plan required by section 4(a), terior or the Secretary of Agriculture any to make accessible to current and future the Secretaries shall address the mainte- new authority on or over non-Federal lands generations the natural and recreational nance of roadways, jeep trails, and paths lo- not already provided by law. The authority treasures of the Mount San Jacinto State cated in the National Monument. of the Secretary of the Interior and the Sec- Park and the National Monument. Establish- (g) GRAZING.—The Secretaries shall issue retary of Agriculture under this Act extends ment and management of the National and administer any grazing leases or permits only to Federal lands and Federal interests Monument shall not be construed to inter- in the National Monument in accordance in lands included in the National Monument. fere with the mission or powers of the Mount with the same laws (including regulations) (d) EXISTING RIGHTS.—The management of San Jacinto Winter Park Authority, as pro- and executive orders followed by the Secre- the National Monument shall be subject to vided for in the Mount San Jacinto Winter taries in issuing and administering grazing valid existing rights. Park Authority Act of the State of Cali- leases and permits on other land under the (e) NO BUFFER ZONES AROUND NATIONAL fornia. jurisdiction of the Secretaries. Nothing in MONUMENT.—Because the National Monu- (c) COOPERATIVE AGREEMENTS.— this Act shall affect the grazing permit of ment is established in a highly urbanized (1) GENERAL AUTHORITY.—Consistent with the Wellman family (permittee number 12– area— the management plan and existing authori- 55–3) on lands included in the National (1) the establishment of the National ties, the Secretaries may enter into coopera- Monument. Monument shall not lead to the creation of tive agreements and shared management ar- (h) OVERFLIGHTS.— express or implied protective perimeters or rangements, which may include special use (1) GENERAL RULE.—Nothing in this Act or buffer zones around the National Monument; permits with any person, including the Agua the management plan prepared for the Na- (2) an activity on, or use of, private lands Caliente Band of Cahuilla Indians, for the tional Monument shall be construed to re- up to the boundaries of the National Monu- purposes of management, interpretation, and strict or preclude overflights, including low- ment shall not be precluded because of the research and education regarding the re- level overflights, over lands in the National monument designation, if the activity or use sources of the National Monument. Monument, including military, commercial, is consistent with other applicable law; and (2) USE OF CERTAIN LANDS BY UNIVERSITY OF and general aviation overflights that can be (3) an activity on, or use of, private lands, CALIFORNIA.—In the case of any agreement seen or heard within the National Monu- if the activity or use is consistent with other with the University of California in exist- ment. Nothing in this Act or the manage- applicable law, shall not be directly or indi- ence as of the date of enactment of this Act ment plan shall be construed to restrict or rectly subject to additional regulation be- relating to the University’s use of certain preclude the designation or creation of new cause of the designation of the National Federal land within the National Monument, units of special use airspace or the establish- Monument. the Secretaries shall, consistent with the ment of military flight training routes over (f) AIR AND WATER QUALITY.—Nothing in management plan and existing authorities, the National Monument. this Act shall be construed to change stand- either revise the agreement or enter into a (2) COMMERCIAL AIR TOUR OPERATION.—Any ards governing air or water quality outside new agreement as may be necessary to en- commercial air tour operation over the Na- of the designated area of the National Monu- sure its consistency with this Act. tional Monument is prohibited unless such ment. SEC. 5. EXISTING AND HISTORICAL USES OF FED- operation was conducted prior to February SEC. 4. DEVELOPMENT OF MANAGEMENT PLAN. ERAL LANDS INCLUDED IN MONU- 16, 2000. For purposes of this paragraph, (a) DEVELOPMENT REQUIRED.— MENT. ‘‘commercial air tour operation’’ means any (1) IN GENERAL.—Not later than 3 years (a) RECREATIONAL ACTIVITIES GENERALLY.— flight conducted for compensation or hire in after of the date of enactment of this Act, The management plan required by section a powered aircraft where a purpose of the the Secretary of the Interior and the Sec- 4(a) shall include provisions to continue to flight is sightseeing. retary of Agriculture shall complete a man- authorize the recreational use of the Na- (i) WITHDRAWALS.— agement plan for the conservation and pro- tional Monument, including such rec- (1) IN GENERAL.—Subject to valid existing tection of the National Monument consistent reational uses as hiking, camping, mountain rights as provided in section 3(d), the Federal with the requirements of section 3(a). The biking, sightseeing, and horseback riding, as lands and interests in lands included within Secretaries shall submit the management long as such recreational use is consistent the National Monument are hereby with- plan to Congress before it is made public. with this Act and other applicable law. drawn from— (2) MANAGEMENT PENDING COMPLETION.— (b) MOTORIZED VEHICLES.—Except where or (A) all forms of entry, appropriation, or Pending completion of the management plan when needed for administrative purposes or disposal under the public land laws; to respond to an emergency, use of motorized for the National Monument, the Secretaries (B) location, entry, and patent under the vehicles in the National Monument shall be shall manage Federal lands and interests in public land mining laws; and permitted only on roads and trails des- lands within the National Monument sub- (C) operation of the mineral leasing and ignated for use of motorized vehicles as part stantially consistent with current uses oc- geothermal leasing laws and the mineral ma- curring on such lands and under the general of the management plan. (c) HUNTING, TRAPPING, AND FISHING.— terials laws. guidelines and authorities of the existing (1) IN GENERAL.—Except as provided in (2) EXCHANGE.—Paragraph (1)(A) does not management plans of the Forest Service and paragraph (2), the Secretary of the Interior apply in the case of— the Bureau of Land Management for such and the Secretary of Agriculture shall per- (A) an exchange that the Secretary deter- lands, in a manner consistent with other ap- mit hunting, trapping, and fishing within the mines would further the protective purposes plicable Federal law. National Monument in accordance with ap- of the National Monument; or (3) RELATION TO OTHER AUTHORITIES.—Noth- plicable laws (including regulations) of the (B) the exchange provided in section 6(e). ing in this subsection shall preclude the Sec- United States and the State of California. SEC. 6. ACQUISITION OF LAND. retaries, during the preparation of the man- (2) REGULATIONS.—The Secretaries, after (a) ACQUISITION AUTHORIZED; METHODS.— agement plan, from implementing sub- consultation with the California Department State, local government, tribal, and pri- sections (b) and (i) of section 5. Nothing in of Fish and Game, may issue regulations des- vately held land or interests in land within this section shall be construed to diminish or ignating zones where, and establishing peri- the boundaries of the National Monument alter existing authorities applicable to Fed- ods when, no hunting, trapping, or fishing may be acquired for management as part of eral lands included in the National Monu- will be permitted in the National Monument the National Monument only by— ment. for reasons of public safety, administration, (1) donation; (b) CONSULTATION AND COOPERATION.— or public use and enjoyment. (2) exchange with a willing party; or (1) IN GENERAL.—The Secretaries shall pre- (d) ACCESS TO STATE AND PRIVATE LANDS.— (3) purchase from a willing seller. pare and implement the management plan The Secretaries shall provide adequate ac- (b) USE OF EASEMENTS.—To the extent required by subsection (a) in accordance with cess to nonfederally owned land or interests practicable, and if preferred by a willing the National Environmental Policy Act of in land within the boundaries of the National landowner, the Secretary of the Interior and 1969 (42 U.S.C. 4321 et seq.) and in consulta- Monument, which will provide the owner of the Secretary of Agriculture shall use per- tion with the local advisory committee es- the land or the holder of the interest the rea- manent conservation easements to acquire tablished pursuant to section 7 and, to the sonable use and enjoyment of the land or in- interests in land in the National Monument extent practicable, interested owners of pri- terest, as the case may be. in lieu of acquiring land in fee simple and vate property and holders of valid existing (e) UTILITIES.—Nothing in this Act shall thereby removing land from non-Federal rights located within the boundaries of the have the effect of terminating any valid ex- ownership. National Monument. Such consultation shall isting right-of-way within the Monument. (c) VALUATION OF PRIVATE PROPERTY.—The be on a periodic and regular basis. The management plan prepared for the Na- United States shall offer the fair market (2) AGUA CALIENTE BAND OF CAHUILLA INDI- tional Monument shall address the need for value for any interests or partial interests in ANS.—The Secretaries shall make a special and, as necessary, establish plans for the in- land acquired under this section. effort to consult with representatives of the stallation, construction, and maintenance of (d) INCORPORATION OF ACQUIRED LANDS AND Agua Caliente Band of Cahuilla Indians re- public utility rights-of-way within the Na- INTERESTS.—Any land or interest in lands garding the management plan during the tional Monument outside of designated wil- within the boundaries of the National Monu- preparation and implementation of the plan. derness areas. ment that is acquired by the United States

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.083 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6869 after the date of the enactment of this Act (f) SERVICE WITHOUT COMPENSATION.—Mem- Mr. Speaker, as the gentleman from shall be added to and administered as part of bers of the advisory committee shall serve Utah (Mr. HANSEN) has explained, this the National Monument as provided in sec- without pay. is legislation that has been worked out (g) TERMINATION.—The advisory committee tion 3(b). in extensive negotiations between the (e) LAND EXCHANGE AUTHORIZATION.—In shall cease to exist on the date upon which order to support the cooperative manage- the management plan is officially adopted by sponsor, our colleague, the gentle- ment agreement in effect with the Agua the Secretaries, or later at the discretion of woman from California (Mrs. BONO), Caliente Band of Cahuilla Indians as of the the Secretaries. and the Secretary of the Interior. date of the enactment of this Act, the Sec- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. The Secretary believes that the bill retary of the Interior may, without further There are authorized to be appropriated before us will adequately protect this authorization by law, exchange lands which such sums as are necessary to carry out this area. the Bureau of Land Management has ac- Act. Mr. Speaker, I yield back the balance quired using amounts provided under the The SPEAKER pro tempore (Mr. of my time. Land and Water Conservation Fund Act of PEASE). Pursuant to the rule, the gen- Mr. HANSEN. Mr. Speaker, I yield 1965 (16 U.S.C. 460l–4 et seq.), with the Agua tleman from Utah (Mr. HANSEN) and such time as she may consume to the Caliente Band of Cahuilla Indians. Any such the gentleman from California (Mr. land exchange may include the exchange of gentlewoman from California (Mrs. GEORGE MILLER) each will control 20 BONO), the sponsor and author of this federally owned property within or outside of minutes. the boundaries of the National Monument bill. The Chair recognizes the gentleman for property owned by the Agua Caliente Mrs. BONO. Mr. Speaker, I thank the Band of Cahuilla Indians within or outside of from Utah (Mr. HANSEN). Mr. HANSEN. Mr. Speaker, I yield gentleman for yielding me the time. the boundaries of the National Monument. Mr. Speaker, I rise today in support The exchanged lands acquired by the Sec- myself such time as I may consume. Mr. Speaker, H.R. 3676 establishes of my legislation, H.R. 3676, the Santa retary within the boundaries of the National Rosa and San Jacinto Mountains Na- Monument shall be managed for the purposes the Santa Rosa and the San Jacinto described in section 2(b). Mountain National Monument. This tional Monument Act. Congress has an opportunity to enact SEC. 7. LOCAL ADVISORY COMMITTEE. bill was introduced by the gentle- legislation which was originated by the (a) ESTABLISHMENT.—The Secretary of the woman from California (Mrs. BONO), Interior and the Secretary of Agriculture and the work she showed in moving constituents of California’s 44th Con- shall jointly establish an advisory com- this legislation forward is really quite gressional District. When these resi- mittee for the National Monument, whose remarkable. Legislation dealing with dents came to me and suggested that I purpose shall be to advise the Secretaries land designations and uses can be very introduce legislation to designate our with respect to the preparation and imple- difficult, and the gentlewoman from local mountains a National Monument, mentation of the management plan required I decided it was an idea well worth pur- by section 4. California (Mrs. BONO) deserves con- gratulations in creating a bill which is suing. (b) REPRESENTATION.—To the extent prac- For years my family has enjoyed ticable, the advisory committee shall in- agreeable to everyone involved. She clude the following members: has garnered tremendous support for these scenic wonders and recreational (1) A representative with expertise in nat- this bill, including the very important opportunities that are abundant in this ural science and research selected from a re- local governments and private property remarkable range. I have often hiked gional college or university. owners. the hills and the canyons above our (2) A representative of the California De- This monument created by H.R. 3676 home in Palm Springs, sharing with partment of Fish and Game or the California consists of approximately 280,000 acres my children, Chianna and Chesare, the Department of Parks and Recreation. and would be managed jointly by the beauty of an ecosystem that continues (3) A representative of the County of River- Secretary of the Interior and the Sec- to thrive despite its close proximity to side, California. (4) A representative of each of the fol- retary of Agriculture. a highly urbanized community. lowing cities: Palm Springs, Cathedral City, Mr. Speaker, although establishing a I have developed a profound respect Rancho Mirage, La Quinta, Palm Desert, and national monument, this bill has many for the people who over the past cen- Indian Wells. private property protections that oth- tury have served as stewards of these (5) A representative of the Agua Caliente erwise probably would not have been lands. They have done a remarkable Band of Cahuilla Indians. available if the President decided to job in balancing the preservation of (6) A representative of the Coachella Val- proclaim this area a national monu- these mountains with the inevitable ley Mountains Conservancy. ment in yet another of his administra- development that has occurred in (7) A representative of a local conservation tion’s fiats. Southern California. organization. H.R. 3676, for example, assures that (8) A representative of a local developer or It is appropriate that we also recall Congress does not intend for the des- the original caretakers of this land, the builder organization. ignation of the monument to lead to (9) A representative of the Winter Park Au- Cahuilla people. For centuries, the thority. the creation of any protective bound- Agua Caliente Band of Cahuilla Indians (10) A representative of the Pinyon Com- aries or to change authorized use of made the canyons and hills above Palm munity Council. Federal land. Furthermore, all valid Springs their home. And the Cahuilla existing rights shall continue. Private (c) TERMS.— people roamed throughout the desert (1) STAGGERED TERMS.—Members of the ad- land within the boundaries of the and mountains of this entire region liv- visory committee shall be appointed for monument are only to be acquired if ing in harmony with the unique envi- terms of 3 years, except that, of the members the land is donated, purchased from a 1 ronment. Their culture and heritage is first appointed, ⁄3 of the members shall be willing seller, or exchanged with a will- 1 appointed for a term of 1 year and ⁄3 of the ing party. an integral part of this region. And members shall be appointed for a term of 2 H.R. 3676 also contains provisions even today, the Indian canyons near years. which direct the Secretary to use con- Palm Strings offer a welcome respite (2) REAPPOINTMENT.—A member may be re- from the hectic pace of the urban areas appointed to serve on the advisory com- servation easements to the maximum extent possible rather than outright of the Coachella Valley. mittee upon the expiration of the member’s One of the tangible benefits that will current term. acquisitions of land. (3) VACANCY.—A vacancy on the advisory Mr. Speaker, this is a carefully craft- be derived from this Monument des- committee shall be filled in the same man- ed bill which gives additional protec- ignation is the preservation of tribal ner as the original appointment. tions to Federal land while also pro- land and historic artifacts. The Agua (d) QUORUM.—A quorum shall be 8 members tecting the foundation of this county, Caliente Tribe has been a partner in of the advisory committee. The operations of private property. I urge all my col- this process from the start, and I would the advisory committee shall not be im- leagues to support H.R. 3676, as amend- like to thank the Tribal Council and paired by the fact that a member has not yet ed. all the Cahuilla people in support of been appointed as long as a quorum has been this legislation. attained. Mr. Speaker, I reserve the balance of (e) CHAIRPERSON AND PROCEDURES.—The ad- my time. In crafting this bill, I was confronted visory committee shall elect a chairperson Mr. GEORGE MILLER of California. with a similar challenge, to balance and establish such rules and procedures as it Mr. Speaker, I yield myself such time traditional uses and private property deems necessary or desirable. as I may consume. rights that the people of the region

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.083 pfrm02 PsN: H25PT1 H6870 CONGRESSIONAL RECORD — HOUSE July 25, 2000 enjoy with the need to preserve these awe-inspiring land throughout the (1) CONSERVATION AREA.—The term ‘‘Con- mountain vistas. West. Now my constituents have given servation Area’’ means the Colorado Can- So we returned to the fundamental me the opportunity to do something yons National Conservation Area established concept of how our system of govern- that will allow future families the by section 4(a). (2) COUNCIL.—The term ‘‘Council’’ means ment should work. I went directly to same privilege. I hope they will all join the Colorado Canyons National Conservation the people of the 44th district and me to achieve this worthy goal. Area Advisory Council established under sec- sought their participation and input on Mr. HANSEN. Mr. Speaker, I have no tion 8. how best to draft legislation that further requests for time, and I yield (3) MANAGEMENT PLAN.—The term ‘‘man- would reflect their commitment to back the balance of my time. agement plan’’ means the management plan both environmental preservation and The SPEAKER pro tempore. The developed for the Conservation Area under private property rights protection. The question is on the motion offered by section 6(h). result of their efforts is contained in the gentleman from Utah (Mr. HANSEN) (4) MAP.—The term ‘‘Map’’ means the map that the House suspend the rules and entitled ‘‘Proposed Colorado Canyons Na- the bill before us today. tional Conservation Area and Black Ridge Mr. Speaker, the best way our con- pass the bill, H.R. 3676, as amended. Canyons Wilderness Area’’ and dated July 18, stituents can be heard on matters such The question was taken; and (two- 2000. as these is if Congress and not the ad- thirds having voted in favor thereof) (5) SECRETARY.—The term ‘‘Secretary’’ ministration takes this action. With the rules were suspended and the bill, means the Secretary of the Interior, acting all due respect to those who serve in as amended, was passed. through the Director of the Bureau of Land Washington, the people who live in this A motion to reconsider was laid on Management. area know better than any Federal the table. (6) WILDERNESS.—The term ‘‘Wilderness’’ worker how to resolve these issues. f means the Black Ridge Canyons Wilderness so designated in section 5. Therefore, it was encouraging that COLORADO CANYONS NATIONAL SEC. 4. COLORADO CANYONS NATIONAL CON- very early on the Secretary of the Inte- CONSERVATION AREA AND SERVATION AREA. rior took a personal interest in this ef- BLACK RIDGE CANYONS WILDER- (a) IN GENERAL.—There is established the fort and publicly supported the con- NESS ACT OF 2000 Colorado Canyons National Conservation gressional process as the preferred ve- Area in the State of Colorado and the State hicle for this designation. Mr. HANSEN. Mr. Speaker, I move to of Utah. I thank the Secretary and the Bureau suspend the rules and pass the bill (b) AREAS INCLUDED.—The Conservation of Land Management offices out of (H.R. 4275) to establish the Colorado Area shall consist of approximately 122,300 Canyons National Conservation Area acres of public land as generally depicted on Washington, Sacramento, and Palm the Map. Springs for working with me on this and the Black Ridge Canyons Wilder- ness, and for other purposes, as amend- SEC. 5. BLACK RIDGE CANYONS WILDERNESS issue. DESIGNATION. With this bill, we are able to protect ed. The Clerk read as follows: Certain lands in Mesa County, Colorado, private property rights with strong and Grand County, Utah, which comprise ap- buffer zone language, willing seller pro- H.R. 4275 proximately 75,550 acres as generally de- visions, and clearly worded access lan- Be it enacted by the Senate and House of Rep- picted on the Map, are hereby designated as guage. And we are able to further pro- resentatives of the United States of America in wilderness and therefore as a component of Congress assembled, tect these mountains by prohibiting the National Wilderness Preservation Sys- SECTION 1. SHORT TITLE. tem. Such component shall be known as the further withdrawals, curbing motorized This Act may be cited as the ‘‘Colorado Black Ridge Canyons Wilderness. vehicle use, and controlling cattle Canyons National Conservation Area and SEC. 6. MANAGEMENT. grazing. Black Ridge Canyons Wilderness Act of (a) CONSERVATION AREA.—The Secretary I have said many times that I would 2000’’. shall manage the Conservation Area in a not go forth with a bill which does not SEC. 2. FINDINGS AND PURPOSE. manner that— protect the rights of those individuals (a) FINDINGS.—Congress finds that certain (1) conserves, protects, and enhances the who live within the proposed boundary areas located in the Grand Valley in Mesa resources of the Conservation Area specified lines and those who live right at the County, Colorado, and Grand County, Utah, in section 2(b); and foot of the mountains. This bill strikes should be protected and enhanced for the (2) is in accordance with— benefit and enjoyment of present and future an appropriate balance by protecting (A) the Federal Land Policy and Manage- generations. These areas include the fol- ment Act of 1976 (43 U.S.C. 1701 et seq.); and the rights of affected constituents as lowing: (B) other applicable law, including this well as these unique mountains. (1) The areas making up the Black Ridge Act. I wish to thank the gentleman from and Ruby Canyons of the Grand Valley and (b) USES.—The Secretary shall allow only Utah (Chairman HANSEN) and his able Rabbit Valley, which contain unique and val- such uses of the Conservation Area as the staff, Allan Freemyer and Tod Hull, for uable scenic, recreational, multiple use op- Secretary determines will further the pur- assisting me in this process so that I portunities (including grazing), paleontolog- poses for which the Conservation Area is es- can achieve this balance. ical, natural, and wildlife components en- tablished. In addition, I would like to thank the hanced by the rural western setting of the (c) WITHDRAWALS.—Subject to valid exist- area, provide extensive opportunities for rec- Coachella Valley Mountains Conser- ing rights, all Federal land within the Con- reational activities, and are publicly used for servation Area and the Wilderness and all vancy under the direction of Bill hiking, camping, and grazing, and are wor- land and interests in land acquired for the Havert, the Desert Chapter of the thy of additional protection as a national Conservation Area or the Wilderness by the Building Industry Association and its conservation area. United States are withdrawn from— executive director, Ed Kibbey, and the (2) The Black Ridge Canyons Wilderness (1) all forms of entry, appropriation, or dis- local branch of the Sierra Club and its Study Area has wilderness value and offers posal under the public land laws; head Joan Taylor. unique geological, paleontological, sci- (2) location, entry, and patent under the Too often environmentalists and pri- entific, and recreational resources. mining laws; and (b) PURPOSE.—The purpose of this Act is to vate property rights advocates are at (3) the operation of the mineral leasing, conserve, protect, and enhance for the ben- mineral materials, and geothermal leasing odds with each other. In my heart, I be- efit and enjoyment of present and future laws, and all amendments thereto. lieve that we can work to achieve the generations the unique and nationally im- Nothing in this subsection shall be construed goals of each group for the betterment portant values of the public lands described to affect discretionary authority of the Sec- of all. It may be the more difficult in section 4(b), including geological, cul- retary under other Federal laws to grant, course to choose, but one well worth tural, paleontological, natural, scientific, issue, or renew rights-of-way or other land taking. recreational, environmental, biological, wil- use authorizations consistent with the other So I would like to thank my many derness, wildlife education, and scenic re- provisions of this Act. sources of such public lands, by establishing colleagues, my legislative director, (d) OFF-HIGHWAY VEHICLE USE.— the Colorado Canyons National Conservation (1) IN GENERAL.—Except as provided in Linda Valter, and the rest of my staff Area and the Black Ridge Canyons Wilder- paragraph (2), use of motorized vehicles in who have helped me along the way. ness in the State of Colorado and the State the Conservation Area— Mr. Speaker, as a child, my parents of Utah. (A) before the effective date of a manage- drove our family all over this wonder- SEC. 3. DEFINITIONS. ment plan under subsection (h), shall be al- ful country visiting national parks and In this Act: lowed only on roads and trails designated for

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.137 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6871 use of motor vehicles in the management Ridge Communications Site, and the Federal (D) Nothing in this Act shall be construed plan that applies on the date of the enact- Aviation Administration site; as limiting, altering, modifying, or amend- ment of this Act to the public lands in the (D) take into consideration the historical ing any of the interstate compacts or equi- Conservation Area; and involvement of the local community in the table apportionment decrees that apportion (B) after the effective date of a manage- interpretation and protection of the re- water among and between the State of Colo- ment plan under subsection (h), shall be al- sources of the Conservation Area and the rado and other States. lowed only on roads and trails designated for Wilderness, as well as the Ruby Canyon/ (3) COLORADO WATER LAW.—The Secretary use of motor vehicles in that management Black Ridge Integrated Resource Manage- shall follow the procedural and substantive plan. ment Plan, dated March 1998, which was the requirements of the law of the State of Colo- (2) ADMINISTRATIVE AND EMERGENCY RE- result of collaborative efforts on the part of rado in order to obtain and hold any new SPONSE USE.—Paragraph (1) shall not limit the Bureau of Land Management and the water rights with respect to the Conserva- the use of motor vehicles in the Conserva- local community; and tion Area and the Wilderness. tion Area as needed for administrative pur- (E) include all public lands between the (4) NEW PROJECTS.— poses or to respond to an emergency. boundary of the Conservation Area and the (A) As used in this paragraph, the term (e) WILDERNESS.—Subject to valid existing edge of the Colorado River and, on such ‘‘water resource facility’’ means irrigation rights, lands designated as wilderness by this lands, the Secretary shall allow only such and pumping facilities, reservoirs, water Act shall be managed by the Secretary, as recreational or other uses as are consistent conservation works, aqueducts, canals, appropriate, in accordance with the Wilder- with this Act. ditches, pipelines, wells, hydropower ness Act (16 U.S.C. 1131 et seq.) and this Act, (i) NO BUFFER ZONES.—The Congress does projects, and transmission and other ancil- except that, with respect to any wilderness not intend for the establishment of the Con- lary facilities, and other water diversion, areas designated by this Act, any reference servation Area or the Wilderness to lead to storage, and carriage structures. Such term in the Wilderness Act to the effective date of the creation of protective perimeters or buff- does not include any such facilities related the Wilderness Act shall be deemed to be a er zones around the Conservation Area or the to or used for the purpose of livestock graz- reference to the date of the enactment of Wilderness. The fact that there may be ac- ing. this Act. tivities or uses on lands outside the Con- (B) Except as otherwise provided by sec- servation Area or the Wilderness that would (f) HUNTING, TRAPPING, AND FISHING.— tion 6(g) or other provisions of this Act, on not be allowed in the Conservation Area or (1) IN GENERAL.—Hunting, trapping, and and after the date of enactment of this Act, the Wilderness shall not preclude such ac- fishing shall be allowed within the Conserva- neither the President nor any other officer, tivities or uses on such lands up to the tion Area and the Wilderness in accordance employee, or agent of the United States shall boundary of the Conservation Area or the with applicable laws and regulations of the fund, assist, authorize, or issue a license or Wilderness consistent with other applicable United States and the States of Colorado and permit for the development of any new water laws. Utah. resource facility within the wilderness area (j) ACQUISITION OF LAND.— (2) AREA AND TIME CLOSURES.—The head of designated by this Act. (1) IN GENERAL.—The Secretary may ac- (C) Except as provided in this paragraph, the Colorado Division of Wildlife (in ref- quire non-federally owned land within the nothing in this Act shall be construed to af- erence to land within the State of Colorado), exterior boundaries of the Conservation Area fect or limit the use, operation, mainte- the head of the Utah Division of Wildlife (in or the Wilderness only through purchase nance, repair, modification, or replacement reference to land within the State of Utah), from a willing seller, exchange, or donation. or the Secretary after consultation with the of water resource facilities in existence on (2) MANAGEMENT.—Land acquired under the date of enactment of this Act within the Colorado Division of Wildlife (in reference to paragraph (1) shall be managed as part of the boundaries of the Wilderness. land within the State of Colorado) or the Conservation Area or the Wilderness, as the (5) BOUNDARIES ALONG COLORADO RIVER.— head of the Utah Division of Wildlife (in ref- case may be, in accordance with this Act. (A) Neither the Conservation Area nor the erence to land within the State of Utah), (k) INTERPRETIVE FACILITIES OR SITES.— may issue regulations designating zones The Secretary may establish minimal inter- Wilderness shall include any part of the Col- where, and establishing limited periods pretive facilities or sites in cooperation with orado River to the 100-year high water mark. when, hunting, trapping, or fishing shall be other public or private entities as the Sec- (B) Nothing in this Act shall affect the au- prohibited in the Conservation Area or the retary considers appropriate. Any facilities thority that the Secretary may or may not Wilderness for reasons of public safety, ad- or sites shall be designed to protect the re- have to manage recreational uses on the Col- ministration, or public use and enjoyment. sources referred to in section 2(b). orado River, except as such authority may (g) GRAZING.— (l) WATER RIGHTS.— be affected by compliance with paragraph (1) IN GENERAL.—Except as provided by (1) FINDINGS.—Congress finds that— (3). Nothing in this Act shall be construed to paragraph (2), the Secretary shall issue and (A) the lands designated as wilderness by affect the authority of the Secretary to man- administer any grazing leases or permits in this Act are located at the headwaters of the age the public lands between the boundary of the Conservation Area and the Wilderness in streams and rivers on those lands, with few, the Conservation Area and the edge of the accordance with the same laws (including if any, actual or proposed water resource fa- Colorado River. regulations) and Executive orders followed cilities located upstream from such lands (C) Subject to valid existing rights, all by the Secretary in issuing and admin- and few, if any, opportunities for diversion, lands owned by the Federal Government be- istering grazing leases and permits on other storage, or other uses of water occurring tween the 100-year high water mark on each land under the jurisdiction of the Bureau of outside such lands that would adversely af- shore of the Colorado River, as designated on Land Management. fect the wilderness or other values of such the Map from the line labeled ‘‘Line A’’ on (2) GRAZING IN WILDERNESS.—Grazing of lands; the east to the boundary between the States livestock in the Wilderness shall be adminis- (B) the lands designated as wilderness by of Colorado and Utah on the west, are hereby tered in accordance with the provisions of this Act generally are not suitable for use withdrawn from— section 4(d)(4) of the Wilderness Act (16 for development of new water resource facili- (i) all forms of entry, appropriation, or dis- U.S.C. 1133(d)(4)), in accordance with the ties, or for the expansion of existing facili- posal under the public land laws; guidelines set forth in Appendix A of House ties; (ii) location, entry, and patent under the Report 101–405 of the 101st Congress. (C) it is possible to provide for proper man- mining laws; and (h) MANAGEMENT PLAN.— agement and protection of the wilderness (iii) the operation of the mineral leasing, (1) IN GENERAL.—Not later than 3 years and other values of such lands in ways dif- mineral materials, and geothermal leasing after the date of the enactment of this Act, ferent from those utilized in other legisla- laws. the Secretary shall develop a comprehensive tion designating as wilderness lands not SEC. 7. MAPS AND LEGAL DESCRIPTIONS. management plan for the long-range protec- sharing the attributes of the lands des- (a) IN GENERAL.—As soon as practicable tion and management of the Conservation ignated as wilderness by this Act. after the date of the enactment of this Act, Area and the Wilderness and the lands de- (2) STATUTORY CONSTRUCTION.— the Secretary shall submit to Congress a scribed in paragraph (2)(E). (A) Nothing in this Act shall constitute or copy of the Map and a legal description of (2) PURPOSES.—The management plan be construed to constitute either an express the Conservation Area and of the Wilderness. shall— or implied reservation of any water or water (A) describe the appropriate uses and man- rights with respect to the lands designated (b) FORCE AND EFFECT.—The Map and legal agement of the Conservation Area and the as a national conservation area or as wilder- descriptions shall have the same force and Wilderness; ness by this Act. effect as if included in this Act, except that (B) take into consideration any informa- (B) Nothing in this Act shall affect any the Secretary may correct clerical and typo- tion developed in studies of the land within conditional or absolute water rights in the graphical errors in the Map and the legal de- the Conservation Area or the Wilderness; State of Colorado existing on the date of en- scriptions. (C) provide for the continued management actment of this Act. (c) PUBLIC AVAILABILITY.—Copies of the of the utility corridor, Black Ridge Commu- (C) Nothing in this subsection shall be con- Map and the legal descriptions shall be on nications Site, and the Federal Aviation Ad- strued as establishing a precedent with re- file and available for public inspection in— ministration site as such for the land des- gard to any future national conservation (1) the Office of the Director of the Bureau ignated on the Map as utility corridor, Black area or wilderness designations. of Land Management;

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.077 pfrm02 PsN: H25PT1 H6872 CONGRESSIONAL RECORD — HOUSE July 25, 2000 (2) the Grand Junction District Office of legislation, approximately 117,000 acres an excellent piece of legislation, a the Bureau of Land Management in Colo- would be included in the conservation piece of legislation which protects Col- rado; area. H.R. 4275 also establishes 75,000 orado water for Colorado people, a (3) the appropriate office of the Bureau of acres of selected land as the Black piece of legislation which preserves the Land Management in Colorado, if the Grand Junction District Office is not deemed the Ridge Canyons Wilderness. ranchers’ rights to use grazing permits appropriate office; and Both areas of land in H.R. 4275 will be and, therein, as a consequence of that, (4) the appropriate office of the Bureau of managed by the Secretary of the Inte- preserves the open space that the Land Management in Utah. rior in accordance with existing laws. ranchers occupy with their ranches, a (d) MAP CONTROLLING.—Subject to section The Secretary is to prepare a com- bill that will preserve recreation for 6(l)(3), in the case of a discrepancy between prehensive management plan for the the multiple-use users out there, and a the Map and the descriptions, the Map shall lands included in this act no later than bill that would allow us to recognize control. 5 years from the time of enactment. the value of this Wilderness Study SEC. 8. ADVISORY COUNCIL. This management plan will take into Area called the Black Ridge Canyons (a) ESTABLISHMENT.—Not later than 6 consideration appropriate uses and his- months after the date of the enactment of and convert the Black Ridge Canyons torical involvement. into a Wilderness Study Area. this Act, the Secretary shall establish an ad- H.R. 4275 will also allow grazing to visory council to be known as the ‘‘Colorado This bill is a positive bill. This bill Canyons National Conservation Area Advi- continue in the Wilderness area accord- had the entire spectrum of our commu- sory Council’’. ing to applicable laws. It is not the in- nity come together. But that was only (b) DUTY.—The Council shall advise the tent of this bill for these land designa- a part of it. The next part of it was we Secretary with respect to preparation and tions to lead to the creation of buffer needed to come to Washington, D.C., implementation of the management plan, in- zones or to interfere with activities cluding budgetary matters, for the Conserva- and we needed help by people, someone, outside their boundaries. for example, by the name of the gen- tion Area and the Wilderness. I would like to commend the gen- (c) APPLICABLE LAW.—The Council shall be tleman from Utah (Chairman HANSEN), tleman from Colorado (Mr. MCINNIS) subject to— the chairman who is present on the for his tireless effort in protecting (1) the Federal Advisory Committee Act (5 floor today. these unique lands and in getting this U.S.C. App.); and It is thanks to the gentleman from (2) the Federal Land Policy and Manage- bill to the floor today. This bill is good Utah (Mr. HANSEN) expediting this bill ment Act of 1976 (43 U.S.C. 1701 et seq.). legislation because it not only protects that we are going to be able to put this (d) MEMBERS.—The Council shall consist of these lands but also allows the area to in place. We had to have this bill out 10 members to be appointed by the Secretary be used by local people. including, to the extent practicable: Mr. Speaker, I urge my colleagues to by the August recess. It was critical. I (1) A member of or nominated by the Mesa support H.R. 4275, as amended. went to the office of the gentleman County Commission. Mr. Speaker, I reserve the balance of from Utah (Mr. HANSEN). I sat down (2) A member nominated by the permittees my time. there with him for a period of time. holding grazing allotments within the Con- The SPEAKER pro tempore. Without And his definition, by the way, and the servation Area or the Wilderness. terms of the buffer zone and so on cov- (3) A member of or nominated by the objection, the time allocated to the Northwest Resource Advisory Council. gentleman from California (Mr. ered in his statement are exactly cor- (4) 7 members residing in, or within reason- GEORGE MILLER) will be controlled by rect. able proximity to, Mesa County, Colorado, the gentleman from Colorado (Mr. But if it were not for his assistance with recognized backgrounds reflecting— UDALL). and the assistance of his able staff, (A) the purposes for which the Conserva- There was no objection. there is no way we could have gotten tion Area or Wilderness was established; and The SPEAKER pro tempore. The this proposition over to the Senate on (B) the interests of the stakeholders that Chair recognizes the gentleman from a timely basis. So I commend him. are affected by the planning and manage- Colorado (Mr. UDALL). As my colleagues know, it is not just ment of the Conservation Area and the Wil- Mr. UDALL of Colorado. Mr. Speak- derness. the fact that the gentleman from Utah er, I yield such time as he may con- SEC. 9. PUBLIC ACCESS. (Mr. HANSEN) expedited it, it is also the sume to the gentleman from Colorado (a) IN GENERAL.—The Secretary shall con- fact that he incorporated the assist- tinue to allow private landowners reasonable (Mr. MCINNIS). ance of the delegation from Utah, in- access to inholdings in the Conservation Mr. MCINNIS. Mr. Speaker, I thank cluding the gentleman from Utah (Mr. Area and Wilderness. my colleague from the State of Colo- CANNON). And the amendment of the (b) GLADE PARK.—The Secretary shall con- rado for yielding me the time. gentleman from Utah (Mr. CANNON) and tinue to allow public right of access, includ- Mr. Speaker, I note that we have a the gentleman from Utah (Mr. HAN- ing commercial vehicles, to Glade Park, Col- couple of Members of the delegation orado, in accordance with the decision in SEN), which we see right here, includes from Colorado, both of whom have wilderness in the State of Utah. Board of County Commissioners of Mesa worked on this bill diligently. I appre- This is an exciting way to go about County v. Watt (634 F. Supp. 1265 (D.Colo.; ciate very much the support of the gen- May 2, 1986)). the preservation and yet preserving the tlewoman from Colorado (Ms. multiple use and not touching Colorado The SPEAKER pro tempore. Pursu- DEGETTE) and the gentleman from Col- water. This is the way to do it. This is ant to the rule, the gentleman from orado (Mr. UDALL). Utah (Mr. HANSEN) and the gentleman We have had lots of meetings. As my an example for the entire country to from California (Mr. GEORGE MILLER) colleagues know, we really owe special follow. each will control 20 minutes. thanks to my staff. On my particular So not taking all the time from my The Chair recognizes the gentleman staff, Christopher Hatcher and Rene colleagues, I will be happy to yield from Utah (Mr. HANSEN). Howell. back to them so they have plenty of Mr. HANSEN. Mr. Speaker, I yield But this bill really was necessitated time for public, but I do want to pub- myself such time as I may consume. by a move by the Department of Inte- licly acknowledge the entire Colorado Mr. Speaker, H.R. 4275, sponsored by rior that perhaps they wanted to go out delegation. I do appreciate very much the gentleman from Colorado (Mr. in Colorado and expand the Colorado the efforts of the gentleman from Colo- MCINNIS), seeks to protect and enhance National Monument. rado (Mr. UDALL) and of the gentle- the resources of the Grand Valley lo- In meeting with the Secretary of In- woman from Colorado (Ms. DEGETTE). cated in Mesa County, Colorado, and terior, I asked the Secretary of Interior Mr. Speaker, I am pleased the House is Grand County, Utah. for a period of time because I felt that considering H.R. 4275, the Colorado Canyons H.R. 4275 designates two areas of en- we could engineer a community build- National Conservation Area and the Black vironmental protection, the Colorado up, in other words, a bill that was built Ridge Canyons Wilderness Act of 2000, which Canyons National Conservation Area by the community and not built out of seeks to protect and enhance the resources of and the Black Ridge Canyons Wilder- Washington, D.C.; and the Secretary of Grand Ridge Canyons Wilderness Act of ness. These lands are host to a variety Interior agreed to that. 2000, which seeks to protect and enhance the of unique and valuable recreational In regards to that, we were able to resources of Grand Valley located in Mesa multiple-use opportunities. Under this put together, I think, an excellent bill, County, Colorado and Grand County, Utah.

VerDate 25-JUL-2000 05:54 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00094 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JY7.077 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6873 H.R. 4275 designates two areas for environ- meaningful access to these allotments by the of Land Management. Subsection (g)(2) di- mental protection, the Colorado Canyons Na- permittees ensures that the base ranches re- rects the Secretary to administer grazing in tional Conservation Area and Black Ridge main viable. Many of these base ranches are the wilderness in accordance with the provi- Canyons Wilderness. located in an area south of Black Ridge Can- sions of section 4(d)(4) of the Wilderness Act The establishment of the Colorado Canyons yons named Glade Park. Glade Park is an ag- (16 U.S.C. 1133(d)(4)), and in accordance National Conservation Area and the designa- ricultural area, and as a viable ranching com- with the guidelines set forth in Appendix A of tion of the Black Ridge Canyons Wilderness munity has an integral part in the makeup of House Report 101±405, which sets out graz- Area will promote and protect unique and na- the local economy. If grazing in the Black ing guidelines for the Bureau of Land Manage- tionally important features of the area along Ridge Canyons Wilderness was to be cur- ment with respect to livestock grazing in wil- the western boundary of the State of Colorado tailed, or meaningful access prohibited, the derness areas. The language from House Re- and the eastern boundary of the State of Utah. economic viability of the base ranches could port 101±405, H.R. 2570 Appendix A, clearly The Colorado Canyons National Conservation suffer and potentially result in subdivision of applies in the case of wilderness established Area shall consist of approximately 122,300 these large open spaces of Glade Park into 35 under this Act. It is my expectation that the acres in Mesa County of the State of Colorado acre ranchettes. There is no way for Mesa three permittees who currently use motorized and Grand County in the State of Utah. Within County to prevent the 35-acre subdivision vehicles within the Wilderness Study Area on the Conservation Area shall be designated the under the law of the State of Colorado, so it an intermittent and infrequent basis would be Black Ridge Canyons Wilderness Area con- is vitally important that reasonable access to able to continue these same uses at a fre- sisting of approximately 75,550 acres in Mesa the grazing allotments be continued to ensure quency not exceeding the level established County of the State of Colorado and Grand that Glade Park may remain agricultural in na- prior to the introduction of this bill. I would County in the State of Utah. ture. I think everyone agrees that it is not de- strongly request that the Bureau of Land Man- The diverse lands located within the Colo- sirable for designation of wilderness to impact agement would address this use of motorized rado Canyons National Conservation as well local land use planning in a way that promotes vehicles in the terms and conditions of the as the Black Ridge Canyons Wilderness Areas development where it is not desired. permits held by the three involved permittees. include pinyon juniper and sagebrush mesas As a result of the importance of the contin- Section 6(j) permits acquisitions of land or to the south with steep red rock canyons cut- ued viability of ranching in the surrounding interests in land depicted within the exterior ting into the landscape forming natural arches, communities, language is included in this leg- boundary of the Conservation Area or Wilder- caves and alcoves. To the west, the lands in- islation to ensure that while the Black Ridge ness by purchase from a willing seller, ex- clude over 5,000 acres of eastern Grand Canyons Wilderness is properly protected, so change or donation. No land or interest inland County in the State of Utah, to the north are is the agricultural nature of the surrounding may be acquired without the consent of the hills making up the Rabbit Valley. The entire communities. Moreover, multiple use is pre- owner. Subsection (j)(2) sets out how land ac- area is bisected by the Colorado River, which served in appropriate areas included within the quired under this subsection shall be man- helped form the unique features of the sur- Colorado Canyons National Conservation Area aged. The boundaries of the Colorado Can- rounding landscape. such as Rabbit Valley. yons National Conservation Area and the The Colorado Canyons area includes tre- H.R. 4275 is the result of intense work by Black Ridge Canyons Wilderness were drawn mendous wildlife, scenic, recreational, and pa- the local community, the Bureau of Land Man- so as to exclude private inholdings to the ex- leontological resources which make it worthy agement, local cities, Mesa County and the tent possible. Nonetheless, there are several of recognition and designation as a National State of Colorado and many others to produce private inholdings within the boundaries of the Conservation Area, and portions of it as a Wil- a locally driven and locally supported proposal Conservation Area. Concerned about the po- derness Area. An additional factor making that recognizes the importance of the area as tential for development on these lands, I would these lands unique is their proximity to nearby well as the importance of Colorado's land use request that within 90 days after the date of urban centers including Grand Junction, Fruita priorities. Representative MCINNIS had the op- enactment of this Act, the Bureau of Land and Palisade. portunity to discuss management of these land Management should consult with each owner Central to the landscape as well as the leg- with representatives of the Department of the of non-federal lands within the Conservation islation is the Colorado River. The legislation Interior, including the Secretary, on several oc- Area and the Wilderness to determine which, excludes, from both the Wilderness and the casions. Following significant work on a local if any, such owners desire to convey lands to National Conservation Area, the area including level to develop a local consensus on the pro- the United States. If any such owner does de- the Colorado River up to the 100-year high posal, I introduced H.R. 4275 on April 13, sire to convey or exchange such lands, the water mark. The Wilderness and Conservation 2000. Secretary should take all steps necessary or Area along the Colorado River abut the Colo- Secretary of the Interior Babbitt has indi- appropriate to complete the acquisition or ex- rado-Utah border, so any claims on the River cated that if this legislation fails to be enacted change, supported by appropriate appraisals, or its water could have an extremely signifi- before the Clinton Administration leaves office, of such lands as soon as possible. I expect cant impact on water rights in Colorado. It is he will recommend the President designate that no later than one year after the date of for that reason this land up to the 100-year this area as a national monument under the enactment of this Act the BLM could provide high water mark of the Colorado River was ex- Antiquities Act. I ask everyone to recognize Congress and me information regarding the cluded from the Conservation Area and Wil- that a far preferable alternative is the legisla- status of its actions taken to acquire or ex- derness. tive process which affords everyone the op- change inholdings, together with any rec- Also important to the area of the western portunity to review the proposal and to work ommendations the BLM may wish to make for State of Colorado and eastern State of Utah toward common purposes, in an open and expediting the acquisition or exchange of are traditional western uses of the land, in bal- public process. inholdings within the Conservation Area. ance with other uses. Traditional western uses I would like to make some comments about Section 6(l) deals with water issues impor- such as ranching are major economic and cul- particular sections of the legislation: tant to both Colorado and me. Within that sec- tural contributors to western Colorado. The Section 6(d) of the legislation limits off-high- tion is important language under subsection legislation demonstrates an underlying philos- way vehicle use to roads and trails designated (1)(5) which sets the boundaries of the Con- ophy that a balance among all uses should be under the management plan in effect on the servation Area and the Wilderness along the sought and can be achieved on the public date of passage. This subsection allows con- Colorado River at the 100-year high water lands covered by this legislation, and else- tinued use of motor vehicles in the Conserva- mark. My intention of setting these borders where on the public lands. As a result, there tion Area for emergency and administrative back to the 100-year high water mark was to are several protections to allow reasonable purposes. It is my interpretation that reason- ensure that the designation of the Wilderness grazing to continue in both the Conservation able access in the course of the management and the Conservation Area did not impact and Wilderness areas. of wildlife by the relevant state wildlife officials water rights in any way, including any water Along the mesas of the Black Ridge and within the National Conservation Area is an quality or instream flow impacts, along the Ruby Canyons, as well as in Rabbit Valley, administrative purpose. mainstream of the Colorado River. Following are livestock grazing allotments that provide Section 6(g) on grazing directs that, in gen- concerns raised by some about potential for cattle forage during the late winter and early eral and except as provided in paragraph (2), mining along the River, language was included spring. With the cooperation of the ranchers the Secretary shall issue and administer graz- to withdraw those lands owned by the Federal and the Bureau of Land Management, grazing ing leases or permits in the Conservation Area Government within the 100-year flood plain as practices have been adjusted to better work and Wilderness in the same manner as on designated on the legislation's Map from all with wildlife needs in the canyons. I stress that other land under the jurisdiction of the Bureau forms of entry, appropriation, or disposal

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00095 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JY7.087 pfrm02 PsN: H25PT1 H6874 CONGRESSIONAL RECORD — HOUSE July 25, 2000 under the public land laws, the mining laws Mr. UDALL of Colorado. Mr. Speak- Act, to prohibit new water projects in and laws relating to mineral and geothermal er, I yield myself such time as I may the wilderness area designated by this leasing, subject to valid existing rights. The consume. bill. legislation includes language indicating it does (Mr. UDALL of Colorado asked and These changes addressed most if not not affect any authority the Secretary may or was given permission to revise and ex- all the major concerns of the various may not have to manage recreation on the tend his remarks.) Colorado groups, both the environ- Colorado River, except as any such authority Mr. UDALL of Colorado. Mr. Speak- mental groups and those representing is affected by the requirement that the Sec- er, I rise in support of H.R. 4275, which other points of view regarding these as- retary follow Colorado procedural and sub- will designate the Colorado Canyons pects of the bill. At the same time they stantive water law. There is nothing in the Act National Conservation Area in Colo- left intact the basic balance of the bill to indicate if and the extent to which the Sec- rado and the Black Ridge Wilderness in with regard to the lands covered by the retary has authority to manage recreation on both Colorado and Utah. bill that are now used for livestock the Colorado River, nor should any language As my colleague, the gentleman from grazing. be read to establish or serve as a basis for Colorado (Mr. MCINNIS), has pointed any such authority. This bill was not intended out, enactment of this measure will I want to express my appreciation for to give the Secretary authority that he may provide for appropriate, protective the hard work and continued coopera- very well not have to regulate recreation on management of some very special lands tion of the gentleman from Colorado the Colorado River. in western Colorado that are managed (Mr. MCINNIS), as well as those of the Finally, Section 8 of the bill directs the Sec- by the Bureau of Land Management. It Department of the Interior and both retary of the Interior to establish a Colorado will also be, I think, by my count, the the majority and minority staff of the Canyon National Conservation Area Advisory third bill passed in this Congress to committee. Thanks to their efforts, I Council to advise the Secretary with respect to designate additional wilderness in Col- think the Committee on Resources has the Conservation Area and the Wilderness. orado. been able to achieve an acceptable bill The Advisory Council's purpose will be to fur- The President has already signed the that deserves the approval of the House nish advice and recommendation to the Sec- bill to designate wilderness in and ad- even if it may not be everything that retary with respect to preparation and imple- jacent to the Black Canyon of the Gun- every party might have desired. mentation of the management plan, including nison National Park; and I am hopeful I urge passage of the bill. budgetary matters, for the Conservation Area Congress will soon complete action, as Mr. Speaker, I reserve the balance of and the Wilderness. I know my colleague, the gentleman my time. The ten council members would be ap- from Colorado (Mr. MCINNIS), is as pointed by the Secretary, one of which would well, on the Spanish Peaks Wilderness Mr. HANSEN. Mr. Speaker, I yield 5 be a member of or nominated by the Mesa Area in the San Isabel National Forest. minutes to the gentleman from Colo- County Commission, one of which would be We are continuing to make progress in rado (Mr. MCINNIS). nominated by the permittees holding grazing Colorado, and I am proud to be a part Mr. MCINNIS. Mr. Speaker, the rea- allotments within the Conservation Area or the of that. son I came back up here again is I did Wilderness, and one of which would be a I wanted to take a moment to talk not want to consume all of the time member of or nominated by the Northwest Re- about a number of amendments that over on that side, but there are a cou- source Advisory Council. Other members of were proposed by myself and that were ple of other people that I think it is the Council, residing in or within a reasonable adopted in the Committee on Re- very important to point out because proximity to Mesa County, Colorado, would be sources. Taken together, these amend- without their help we would not have named as well. It is my intent when drafting ments embody the compromise with re- gotten this where it is. Their help was this bill that cities like Denver or Boulder, Col- gard to the water provisions of the bill fundamental to the passage of this bill orado, for example, would not be considered and also include a number of technical as well. That, of course, is the chair- to be within a reasonable proximity to Mesa and conforming changes to reflect the man of the Committee on Resources, County, although Rifle, Colorado or Grand agreements that were worked out the gentleman from Alaska (Mr. County, Utah could be considered to be within among my colleague, the gentleman YOUNG). The gentleman from Alaska a reasonable proximity to Mesa County. from Colorado (Mr. MCINNIS), the De- helped us schedule this thing. He called Mr. Speaker, I would like to thank several partment of Interior, and those of us the committee hearing so that we people who have helped ensure swift passage on the committee. could have this heard, so that we could of this legislation. First and foremost I would b 1615 meet and have this bill off the House like to thank the gentleman from Alaska, Mr. floor and over to the Senate by the DON YOUNG, Chairman of the Resources First, my amendments added provi- conclusion of the period of time in Committee. His action helped bring this bill to sions regarding the headwaters nature July. The second one, of course, is the of the Black Ridge lands to make clear the floor. Alongside Chairman YOUNG is the gentleman from Texas (Mr. ARMEY), gentleman from Utah, Mr. HANSEN, who the rationale for following the ap- our majority leader. If it were not for worked with his staff on the National Parks proach of the 1993 Colorado Wilderness his scheduling and his staff assistance, and Public Lands Subcommittee to get this bill Act by including an express disclaimer we would not be able to do this as well. here today. His personal help allowed this bill of a Federal reserved water right with Finally, I do want to take one final to be so quickly considered on the Floor of the respect to the wilderness area. Second, moment and just say once again to the House. The gentleman from Utah, Mr. CAN- the amendments added language to gentleman from Utah (Mr. HANSEN), we NON, also contributed enormously to this legis- make clear that the bill will not affect had spent a lot of time in his office lation, amending it in subcommittee to include any existing water rights, including talking about how important it was the first BLM wilderness in Utah. I would also those of the United States. Third, the that as the country moves in the direc- like to thank my colleagues from Colorado, Mr. amendments revised the boundary of tion of taking a second look at the na- HEFLEY and Mr. TANCREDO and Ms. DEGETTE, the NCA and the wilderness along the tional parks and the national monu- who cosponsored this bill. Finally, I would Colorado River which made it possible ments, that it was absolutely critical thank the gentleman from Colorado, Mr. MARK to omit language that had been pro- that we put as a basic ingredient of any UDALL, for all his work with his side of the posed regarding issues that some felt kind of new direction community input aisle to get this bill to the Floor. might arise had the boundary been I would like to close by thanking the Majority closer to the river itself. Fourth, my and that we go to the local community Leader, the gentleman from Texas, Mr. amendments added provisions to make and that we do not go, as happened in ARMEY. He helped with the scheduling of this clear that the boundary revision will the State of Utah, with the Grand bill on short notice, and I very much appre- not compromise the ability of the Sec- Escalante. ciate his work on behalf of the bill and people retary to properly manage recreational They actually did not go into Utah. of western Colorado. I look forward to quick or other uses of public lands adjacent They made the announcement of Ari- passage in the Senate with the help of Sen- to the river. Finally, my amendments zona and forced upon you something ator CAMPBELL, and signature by the Presi- added a provision, similar to that in- you did not even know was coming dent. cluded in the 1993 Colorado Wilderness down the pike. As the gentleman said,

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.088 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6875 this is the way that it should be han- and why I am so glad my colleague to and also acknowledge that I am eager dled and it is the way. It is being han- the west has brought this legislation to work with the gentleman from Colo- dled on a bipartisan basis. As our col- forward now, we run the risk of having rado (Mr. MCINNIS) and the rest of the leagues in here can see, both Demo- humanity overwhelm these beautiful Colorado delegation as we continue to crats and Republicans from Colorado natural canyons. decide with the input of the local peo- and Wyoming and Alaska and Texas, The thing that strikes me and the ple that the gentleman from Colorado we all got together to make this thing thing I think about a lot, while we (Mr. MCINNIS) has spoken so eloquently work. As much as I am proud of this have these growth pressures in Colo- about how we might preserve and pro- and the compromise that we were able rado and throughout the western tect these lands for the future. to engineer, I also want to again pub- United States, we also have many, Mr. Speaker, I urge the passage of licly knowledge the gentleman from many areas that still deserve wilder- the bill. Utah for his contributions and his lead- ness protection in the West. Not every Mr. Speaker, I yield back the balance ership, frankly, to put together this natural area, not every Federal land of my time. team, this coalition to make this a suc- deserves protection; but there are Mr. HANSEN. Mr. Speaker, I yield cessful bill. many areas with unique wilderness myself such time as I may consume. Now I know that our colleague, Sen- characteristics like Black Ridge which I appreciate the great work that has ator CAMPBELL, is anxiously awaiting still exist. That is why I was pleased gone into this by the gentleman from to carry this bill through the Senate. last year when I announced the Colo- Colorado (Mr. MCINNIS) and our other He will do a terrific job, and we can all rado Wilderness Act, H.R. 829, to in- colleagues from Colorado. It is an ex- leave these Chambers very, very proud clude Black Ridge and 48 other areas in cellent piece of legislation. of this accomplishment. Thousands of Colorado as unique and deserving wil- It is a great privilege to have in our generations to come will look back at derness characteristics. company Lou Stokes from Ohio, a man the Colorado canyons and say, boy, The lands on both sides of the Colo- that we all have such great respect for whoever did that made a good decision. rado River in the proposed national and have served with in various posi- Mr. UDALL of Colorado. Mr. Speak- conservation area and the river itself tions. I do not know if people realize er, I yield such time as she may con- as it goes through contain a wide array the many chairmanships that he had, sume to the gentlewoman from the of unique natural features that deserve especially the chairman of the Com- great State of Colorado (Ms. DEGETTE). increased protection. The combination mittee on Standards of Official Con- Ms. DEGETTE. Mr. Speaker, I thank of the national conservation area and duct. I feel great empathy for anybody the distinguished gentleman from Col- wilderness is appropriate in this bill, who was chairman of that committee orado (Mr. UDALL) for yielding me this and I am pleased to see that H.R. 4275 as long as he was. time and a special thanks to my col- includes the Colorado River and all Mr. Speaker, I yield back the balance league to the West, the gentleman from lands within the 100-year flood plain to of my time. Colorado (Mr. MCINNIS), for working be managed as if they were in the NCA. The SPEAKER pro tempore (Mr. diligently to make sure that this bill I think it is critical that the river and PEASE). The question is on the motion became a reality. This has been a real sensitive riparian areas are managed in offered by the gentleman from Utah joint effort with the Colorado delega- a manner that provides the utmost pro- (Mr. HANSEN) that the House suspend tion. This bill is a very meaningful bill tection for this sensitive and heavily the rules and pass the bill, H.R. 4275, as to the residents of Colorado. I just used area. amended. want to add my public thanks. It has Additionally, Mr. Speaker, I am very The question was taken; and (two- been great. pleased to see that the areas in Utah thirds having voted in favor thereof) Let me talk for a minute about what that are contiguous to this are also the rules were suspended and the bill, Black Ridge looks like, because I hiked preserved in the bill. as amended, was passed. Black Ridge last summer and was real- I sincerely hope, in conclusion, that A motion to reconsider was laid on ly stunned to see the sublime natural passage of this bill is the first step in the table. beauty. It is really some of the finest a concentrated, unified effort of the f of Colorado’s canyon country. Every delegation to protect all of the lands in ACQUISITION OF THE HUNT HOUSE year, thousands of hikers, hunters, and Colorado which deserve wilderness pro- IN WATERLOO, NEW YORK rafters enjoy the wild canyons, abun- tection. Mr. HANSEN. Mr. Speaker, I move to dant wildlife, and the quiet float down This picture next to me is not the suspend the rules and pass the Senate the Colorado River. I have always area we are talking about today, but it bill (S. 1910) to amend the Act estab- steadfastly supported the strongest is the beautiful Gunnison Gorge Wil- lishing Women’s Rights National His- possible protections for the Black derness Study Area that is also in- torical Park to permit the Secretary of Ridge Canyons because they are an cluded in my legislation. There are 47 the Interior to acquire title in fee sim- outstanding national example of deep other areas besides Black Ridge and ple to the Hunt House located in Wa- sliprock canyons. Gunnison Gorge which we have in Colo- terloo, New York. The area consists of three major can- rado. While today’s legislation provides The Clerk read as follows: yon systems, innumerable spires and protection for really the crown jewel of S. 1910 pinnacles, and the second greatest con- my wilderness bill, there are 48 other Be it enacted by the Senate and House of centration of natural arches in the areas, beautiful canyons, many of Representatives of the United States of America Southwest, second only to the beau- them, that need and deserve protec- in Congress assembled, tiful arches, of course, in our neighbor tion. I urge Congress to act now. If we SECTION. 1. ACQUISITION OF HUNT HOUSE. to the West of Utah. Additionally, the pass just one, two or even three of (a) IN GENERAL.—Section 1601(d) of Public Black Ridge Canyons’ perennial these areas every year, my 6-year-old Law 96–607 (94 Stat. 3547; 16 U.S.C. 410ll(d)) is streams and rich riparian vegetation daughter will be a grandmother by the amended— provide critical wildlife habitat for a time we protect all of these lands. (1) in the first sentence— variety of species, including bighorn More importantly and urgently, the (A) by inserting a period after ‘‘park’’; and sheep, mountain lions, and bald eagles. (B) by striking the remainder of the sen- growth that we are seeing in the West tence; and One of the critical reasons that we will begin to impinge on these critical (2) by striking the last sentence. need to preserve Black Ridge as wilder- areas. (b) TECHNICAL CORRECTION.—Section ness now is because of the impinging Again, I thank my colleague. I think 1601(c)(8) of Public Law 96–607 (94 Stat. 3547; growth that we are seeing in Western this is a critical step, and I thank him 16 U.S.C. 410ll(c)(8)) is amended by striking Colorado. What struck me was, just a for all of the work he is doing for wil- ‘‘Williams’’ and inserting ‘‘Main’’. stone’s throw away from Black Ridge, derness preservation in Colorado. The SPEAKER pro tempore. Pursu- neighbors walk their dogs, people ride Mr. UDALL of Colorado. Mr. Speak- ant to the rule, the gentleman from their bikes, and everyone is enjoying er, I yield myself such time as I may Utah (Mr. HANSEN) and the gentleman the beautiful natural beauty of West- consume. I wanted to echo the com- from Guam (Mr. UNDERWOOD) each will ern Colorado. But if we do not act now, ments of my colleague from Colorado control 20 minutes.

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.141 pfrm02 PsN: H25PT1 H6876 CONGRESSIONAL RECORD — HOUSE July 25, 2000 The Chair recognizes the gentleman look to for guidance and advice on a Hunt House was in private ownership from Utah (Mr. HANSEN). number of resource pieces of legisla- and not open for public tours or special Mr. HANSEN. Mr. Speaker, I yield tion that come through his committee. events. However, in 1999 the property myself such time as I may consume. Also, I want to thank the gentleman was put up for sale. S. 1910, sponsored by Senator DANIEL from Alaska (Mr. YOUNG), the Com- The Trust for Public Land and the PATRICK MOYNIHAN from New York, au- mittee on Resources chairman, and the National Trust for Historical Preserva- thorizes fee simple acquisition of a gentleman from California (Mr. tion worked together and purchased dwelling called the Hunt House in the GEORGE MILLER), the ranking member, the Hunt House to ensure that the Women’s Rights National Historical for their hard work in bringing this im- property would be available for public Park located in Seneca Falls and Wa- portant measure to the floor. use and enjoyment. terloo, New York. Mr. Speaker, S. 1910, a bill identical Currently, the National Trust for to the legislation I introduced last Historical Preservation is leasing the b 1630 year, H.R. 3404, is a technical bill with Hunt House to the Women’s Rights Na- Companion legislation has been in- enormous historic significance. tional Historic Park for $1 a year. troduced by the gentleman from New In a letter to John Adams, Thomas Their intent in acquiring the property York (Mr. REYNOLDS), our good friend. Jefferson wrote that ‘‘a morsel of gen- was to hold it until such time as the The Women’s Rights National Histor- uine history is a thing so rare as to be National Park Service had the author- ical Park was designated in 1980 and always valuable.’’ ity to acquire a fee simple title to the commemorates and interprets women’s In my congressional district, such a property and open it to the public as struggles for equal rights which began morsel of genuine history exists today, part of the Women’s Rights National in these locations in 1848. The histor- the Hunt House, birthplace of the wom- Historical Park. ical park consists of nine different en’s rights movement. And its value to The changes made by this bill are sites, including the home of Elizabeth my community is measured by its sig- necessary and essentially technical in Cady Stanton, the former Wesleyan nificant contribution to American his- nature due to the number of errors that Methodist chapel, and the Hunt House. tory, because the coming together of have been made over the years in However, when the law designating the people and events behind the distinc- amending Public Law 96–607. historical park was passed, it con- tive white pillars of this Federal style Mr. Speaker, I urge my colleagues to tained a provision that prevented the brick home forever changed American support this important bill and support Federal Government from acquiring society. the preservation of American history. these three structures by fee simple On July 9, 1848, Jane and Richard Mr. HANSEN. Mr. Speaker, I have no title. Hunt hosted a tea at their home at 401 further requests for time, and I yield This bill removes the provision, East Main Street in Waterloo, New back the balance of my time. thereby clearing the way for the Fed- York; and like another famous tea The SPEAKER pro tempore (Mr. eral Government to purchase this im- party, held 75 years earlier, this meet- PEASE). The question is on the motion portant site for this historical park. ing sparked a new revolution for lib- offered by the gentleman from Utah Mr. Speaker, I urge my colleagues to erty and human rights. (Mr. HANSEN) that the House suspend support this bill. It was at this gathering that Eliza- the rules and pass the Senate bill, S. Mr. Speaker, I reserve the balance of beth Cady Stanton, Lucretia Mott, her 1910. sister Martha Wright, and Mary Ann my time. The question was taken. M’Clintock planned the Nation’s first Mr. UNDERWOOD. Mr. Speaker, I Mr. HANSEN. Mr. Speaker, on that I women’s rights convention. yield myself such time as I may con- demand the yeas and nays. Following this historic meeting, sev- sume. The yeas and nays were ordered. eral of these women drafted the Dec- The SPEAKER pro tempore. Pursu- (Mr. UNDERWOOD asked and was laration of Sentiments which was pre- given permission to revise and extend ant to clause 8 of rule XX and the sented at the women’s rights conven- Chair’s prior announcement, further his remarks.) tion in Seneca Falls, New York, on Mr. UNDERWOOD. Mr. Speaker, S. proceedings on this motion will be July 19 and 20 in 1848. postponed. 1910 is a noncontroversial bill intro- Even before this seminal meeting, f duced by Senator MOYNIHAN, which Quakers Richard and Jane Hunt were passed the Senate in April of this year. active reformers and abolitionists. YUMA CROSSING NATIONAL The legislation authorizes the Sec- Their holdings included the M’Clintock HERITAGE AREA ACT OF 2000 retary of the Interior to acquire full Home and Drug Store, where in-laws Mr. HANSEN. Mr. Speaker, I move to title to the Hunt House in Waterloo, harbored fugitive slaves and hosted fa- suspend the rules and pass the bill New York, for management as part of mous speakers, such as Frederick (H.R. 2833) to establish the Yuma the Women’s Rights National Histor- Douglass; and their home and business Crossing National Heritage Area, as ical Park. Hunt House is already with- were likely stops in the underground amended. in the boundaries of the park, but the railroad. The Clerk read as follows: park’s enabling legislation restricted The Hunts’ contributions to their H.R. 2833 the Secretary to acquiring less than community were tremendous, creating full title. S. 1910 would lift that restric- Be it enacted by the Senate and House of Rep- opportunity and fostering human resentatives of the United States of America in tion and correct that error. rights. Richard Hunt provided edu- Congress assembled, Hunt House is currently owned by cational opportunity by founding an SECTION 1. SHORT TITLE; DEFINITIONS. the National Trust for Historic Preser- academy at Waterloo in 1844 and ac- (a) SHORT TITLE.—This Act may be cited as vation. The trust intends to donate the tively worked for abolitionist causes. the ‘‘Yuma Crossing National Heritage Area Act house to the National Park Service. The Hunt family network and per- of 2000’’. The National Park Service supports sonal wealth supported reform efforts (b) DEFINITIONS.—In this Act: (1) HERITAGE AREA.—The term ‘‘Heritage this acquisition, and we support it as throughout upstate New York, includ- well. Area’’ means the Yuma Crossing National Herit- ing the 1848 Seneca Falls women’s age Area established in section 3. Mr. Speaker, I yield back the balance rights convention. (2) MANAGEMENT ENTITY.—The term ‘‘manage- of my time. Mr. Speaker, this legislation simply ment entity’’ shall mean the Yuma Crossing Na- Mr. HANSEN. Mr. Speaker, I yield ensures that a valuable piece of history tional Heritage Area Board of Directors referred such time as he may consume to the will be available and accessible to fu- to section 3(c). gentleman from New York (Mr. REY- ture generations. The bill authorizes (3) MANAGEMENT PLAN.—The term ‘‘manage- ment plan’’ shall mean the management plan for NOLDS). the Secretary of the Interior to acquire Mr. REYNOLDS. Mr. Speaker, I the Yuma Crossing National Heritage Area. without restriction the Hunt House as (4) SECRETARY.—The term ‘‘Secretary’’ means would like to thank the gentleman part of the Women’s Rights National the Secretary of the Interior. from Utah (Mr. HANSEN), the chairman Historic Park. SEC. 2. FINDINGS AND PURPOSE. of the Subcommittee on National When the Women’s Right National (a) FINDINGS.—The Congress finds the fol- Parks and Public Lands, as someone I Historical Park was established, the lowing:

VerDate 25-JUL-2000 05:54 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00098 Fmt 4634 Sfmt 6333 E:\CR\FM\K25JY7.145 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6877 (1) Certain events that led to the establish- (2) on the east, by Avenue 7E; years after the date of enactment of this Act. If ment of the Yuma Crossing as a natural cross- (3) on the north, by the Colorado River; and a management plan is not submitted to the Sec- ing place on the Colorado River and to its devel- (4) on the south, by the 12th Street alignment. retary as required within the specified time, the opment as an important landmark in America’s (c) MANAGEMENT ENTITY.—The management Heritage Area shall no longer qualify for Fed- westward expansion during the mid-19th cen- entity for the Heritage Area shall be the Yuma eral funding. tury are of national historic and cultural sig- Crossing National Heritage Area Board of Direc- (c) DUTIES OF MANAGEMENT ENTITY.—In addi- nificance in terms of their contribution to the tors which shall include representatives from a tion to its duties under subsection (b), the man- development of the new United States of Amer- broad cross-section of the individuals, agencies, agement entity shall— ica. organizations, and governments that were in- (1) give priority to implementing actions set (2) It is in the national interest to promote, volved in the planning and development of the forth in the compact and management plan, in- preserve, and protect physical remnants of a Heritage Area before the date of the enactment cluding steps to assist units of government, re- community with almost 500 years of recorded of this Act. gional planning organizations, and nonprofit history which has outstanding cultural, his- SEC. 4. COMPACT. organizations in preserving the Heritage Area; (2) assist units of government, regional plan- toric, and architectural value for the education (a) IN GENERAL.—To carry out the purposes of and benefit of present and future generations. this Act, the Secretary of the Interior shall enter ning organizations, and nonprofit organizations (3) The designation of the Yuma Crossing as into a compact with the management entity. with— (A) establishing and maintaining interpretive a national heritage area would preserve Yuma’s (b) COMPONENTS OF COMPACT.—The compact exhibits in the Heritage Area; history and provide related educational oppor- shall include information relating to the objec- (B) developing recreational resources in the tunities, provide recreational opportunities, pre- tives and management of the Heritage Area, in- Heritage Area; serve natural resources, and improve the city cluding each of the following: (C) increasing public awareness of and appre- and county of Yuma’s ability to serve visitors (1) A discussion of the goals and objects of the ciation for the natural, historical, and architec- and enhance the local economy through the Heritage Area. completion of the major projects identified with- tural resources and sites in the Heritage Area; (2) An explanation of the proposed approach (D) restoring any historic building relating to in the Yuma Crossing National Heritage Area. to conservation and interpretation of the Herit- (4) The Department of the Interior is respon- the themes of the Heritage Area; and age Area. sible for protecting the Nation’s cultural and (E) ensuring that clear, consistent, and envi- (3) A general outline of the protection meas- historic resources. There are significant exam- ronmentally appropriate signs identifying access ures to which the management entity commits. ples of these resources within the Yuma region points and sites of interest are put in place to merit the involvement of the Federal Govern- SEC. 5. AUTHORITIES AND DUTIES OF MANAGE- throughout the Heritage Area; MENT (3) encourage, by appropriate means, eco- ment in developing programs and projects, in co- ENTITY. operation with the Yuma Crossing National nomic viability in the Heritage Area consistent (a) AUTHORITIES OF THE MANAGEMENT ENTI- Heritage Area and other local and governmental with the goals of the management plan; TY.—The management entity may, for purposes bodies, to adequately conserve, protect, and in- (4) encourage local governments to adopt land of preparing and implementing the management use policies consistent with the management of terpret this heritage for future generations while plan, use funds made available through this Act providing opportunities for education, revital- the Heritage Area and the goals of the manage- for the following: ment plan; ization, and economic development. (1) To make grants to, and enter into coopera- (5) The city of Yuma, the Arizona State Parks (5) consider the interests of diverse govern- tive agreements with, States and their political Board, agencies of the Federal Government, cor- mental, business, and nonprofit groups within subdivisions, private organizations, or any per- porate entities, and citizens have completed a the Heritage Area; son. study and master plan for the Yuma Crossing to (6) conduct public meetings at least quarterly (2) To hire and compensate staff. determine the extent of its historic resources, regarding the implementation of the manage- (3) To enter into contracts for goods and serv- preserve and interpret these historic resources, ment plan; and ices. and assess the opportunities available to en- (7) for any year in which Federal funds have (b) MANAGEMENT PLAN.— hance the cultural experience for region’s visi- been received under this Act, make available for (1) IN GENERAL.—Taking into consideration tors and residents. audit all records pertaining to the expenditure existing State, county, and local plans, the (6) The Yuma Crossing National Heritage of such funds and any matching funds, and re- management entity shall develop a management Area Board of Directors would be an appro- quire, for all agreements authorizing expendi- plan for the Heritage Area. priate management entity for a heritage area es- ture of Federal funds by other organizations, (2) CONTENTS.—The management plan re- tablished in the region. that the receiving organizations make available quired by this subsection shall include— (b) PURPOSE.—The objectives of the Yuma for audit all records pertaining to the expendi- Crossing National Heritage Area are as follows: (A) comprehensive recommendations for con- ture of such funds. (1) To recognize the role of the Yuma Crossing servation, funding, management, and develop- (d) PROHIBITION ON THE ACQUISITION OF REAL in the development of the United States, with ment of the Heritage Area; PROPERTY.—The management entity may not particular emphasis on the roll of the crossing (B) actions to be undertaken by units of gov- use Federal funds received under this Act to ac- as an important landmark in the westward ex- ernment and private organizations to protect the quire real property or an interest in real prop- pansion during the mid-19th century. resources of the Heritage Area; erty. Nothing in this Act shall preclude any (2) To promote, interpret, and develop the (C) a list of specific existing and potential management entity from using Federal funds physical and recreational resources of the com- sources of funding to protect, manage, and de- from other sources for their permitted purposes. munities surrounding the Yuma Crossing, which velop the Heritage Area; (e) SPENDING FOR NON-FEDERALLY OWNED has almost 500 years of recorded history and (D) an inventory of the resources contained in PROPERTY.—The management entity may spend outstanding cultural, historic, and architectural the Heritage Area, including a list of any prop- Federal funds directly on non-federally owned assets, for the education and benefit of present erty in the Heritage Area that is related to the property to further the purposes of this Act, es- and future generations. themes of the Heritage Area and that should be pecially in assisting units of government in ap- (3) To foster a close working relationship with preserved, restored, managed, developed, or propriate treatment of districts, sites, buildings, all levels of government, the private sector, and maintained because of its natural, cultural, his- structures, and objects listed or eligible for list- the local communities in the Yuma community toric, recreational, or scenic significance; ing on the National Register of Historic Places. and empower the community to conserve its her- (E) a recommendation of policies for resource SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL itage while continuing to pursue economic op- management which considers and details appli- AGENCIES. portunities. cation of appropriate land and water manage- (a) TECHNICAL AND FINANCIAL ASSISTANCE.— (4) To provide recreational opportunities for ment techniques, including the development of The Secretary may, upon request of the manage- visitors to the Yuma Crossing and preserve nat- intergovernmental cooperative agreements to ment entity, provide technical and financial as- ural resources within the Heritage Area. protect the historical, cultural, recreational, sistance to the management entity to develop (5) To improve the Yuma region’s ability to and natural resources of the Heritage Area in a and implement the management plan. In assist- serve visitors and enhance the local economy manner consistent with supporting appropriate ing the management entity, the Secretary shall through the completion of the major projects and compatible economic viability; give priority to actions that in general assist identified within the Heritage Area. (F) a program for implementation of the man- in— SEC. 3. YUMA CROSSING NATIONAL HERITAGE agement plan by the management entity, includ- (1) conserving the significant natural, his- AREA. ing plans for restoration and construction, and toric, and cultural resources which support the (a) ESTABLISHMENT.—There is hereby estab- specific commitments of the identified partners themes of the Heritage Area; and lished the Yuma Crossing National Heritage for the first 5 years of operation; (2) providing educational, interpretive, and Area. (G) an analysis of ways in which local, State, recreational opportunities consistent with re- (b) BOUNDARIES.—The Heritage Area shall be and Federal programs may best be coordinated sources and associated values of the Heritage comprised of those portions of the Yuma region to promote the purposes of this Act; and Area. totaling approximately 21 square miles, encom- (H) an interpretation plan for the Heritage (b) APPROVAL AND DISAPPROVAL OF MANAGE- passing over 150 identified historic, geologic, Area. MENT PLAN.—The Secretary, in consultation and cultural resources, and bounded— (3) SUBMISSION TO SECRETARY.—The manage- with the Yuma Crossing National Heritage Area (1) on the west, by the Colorado River (includ- ment entity shall submit the management plan Board of Directors, shall approve or disapprove ing the crossing point of the Army of the West); to the Secretary for approval not later than 3 the management plan submitted under this Act

VerDate 25-JUL-2000 06:56 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00099 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JY7.082 pfrm02 PsN: H25PT1 H6878 CONGRESSIONAL RECORD — HOUSE July 25, 2000 not later than 90 days after receiving such man- forts to preserve and enhance the The Spanish explorer Hernando de agement plan. Yuma area. Alarcon became the first European to (c) ACTION FOLLOWING DISAPPROVAL.—If the Mr. Speaker, I urge my colleagues to venture into what is now the southwest Secretary disapproves a submitted compact or support H.R. 2833, as amended. portions of the United States just management plan, the Secretary shall advise the management entity in writing of the reasons Mr. Speaker, I reserve the balance of below the confluence of the Colorado therefor and shall make recommendations for re- my time. River and the Gila River. There they visions in the management plan. The Secretary Mr. UNDERWOOD. Mr. Speaker, I made use of a geological formation in shall approve or disapprove a proposed revision yield myself such time as I may con- the lower Colorado, consisting of two within 90 days after the date it is submitted. sume. massive granite outcroppings known to (d) APPROVING AMENDMENTS.—The Secretary (Mr. UNDERWOOD asked and was us today as Yuma Crossing. shall review substantial amendments to the given permission to revise and extend Alarcon’s voyage is the first Euro- management plan for the Heritage Area. Funds his remarks.) pean discovery of the Colorado River, appropriated pursuant to this Act may not be Mr. UNDERWOOD. Mr. Speaker, H.R. and the Crossing has become a natural expended to implement the changes made by such amendments until the Secretary approves 2833 introduced by the gentleman from bridge which played an important role the amendments. Arizona (Mr. PASTOR), our friend and in the western settlement of the United (e) DOCUMENTATION.—Subject to the avail- colleague, would establish the Yuma States. ability of funds, the Historic American Building Crossing National Heritage Area in Father Eusebio Francisco Kino Survey/Historic American Engineering Record Yuma, Arizona. Yuma’s location as a mapped supply routes to California shall conduct those studies necessary to docu- natural crossing point of the Colorado through the Yuma Crossing, a route ment the cultural, historic, architectural, and River has drawn man to the area since that would be used in many other expe- natural resources of the Heritage Area. ancient times; and as such, there is a ditions and used by many colonists. SEC. 7. SUNSET. Using the knowledge pioneered by Fa- The Secretary may not make any grant or long history associated with the area. provide any assistance under this Act after Sep- At the hearing on the bill before the ther Kino, more than 200 settlers and tember 30, 2015. Committee on Resources, our col- herds of livestock crossed the treach- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. league, the gentleman from Arizona erous Colorado River using the Yuma (a) IN GENERAL.—There is authorized to be (Mr. PASTOR), and the other supporters Crossing. appropriated under this Act not more than of the legislation spoke of the histor- Anza, another famous Spanish ex- $1,000,000 for any fiscal year. Not more than a ical and cultural heritage of the Yuma plorer, crossed the Colorado at this total of $10,000,000 may be appropriated for the area and of their enthusiasm and com- point. He traveled westward to cross Heritage Area under this Act. mitment to a heritage area designa- the desert to San Gabriel and then (b) 50 PERCENT MATCH.—Federal funding pro- turned north and established the com- vided under this Act, after the designation of tion. While the legislation was similar in munity of San Francisco in 1776. the Heritage Area, may not exceed 50 percent of Kit Carson traveled the Yuma Cross- the total cost of any assistance or grant pro- form to other bills the committee has ing as he carried dispatches between vided or authorized under this Act. considered regarding the designation of heritage areas, the National Park Serv- California and New Mexico to report on The SPEAKER pro tempore. Pursu- the United States’ successful military ant to the rule, the gentleman from ice testified that several changes need- ed to be made to conform the bill to conquest of California in the war with Utah (Mr. HANSEN) and the gentleman Mexico in 1846. It was during the war other heritage designations. from Guam (Mr. UNDERWOOD) each will with Mexico that Lieutenant Colonel control 20 minutes. The Committee on Resources adopted an amendment that reflected the Phillip St. George Cooke used the The Chair recognizes the gentleman Yuma Crossing to establish the Gila changes to the bill requested by the from Utah (Mr. HANSEN). Trail, that became a passageway used National Park Service. We believe Mr. HANSEN. Mr. Speaker, I yield by California’s gold seekers, by pio- those changes improve the legislation myself such time as I may consume. neers, by ranchers, farmers, and the Mr. Speaker, H.R. 2833 sponsored by and support the bill, as amended. military. Mr. Speaker, I yield such time as he the gentleman from Arizona (Mr. PAS- Yuma Crossing quickly became a TOR) authorizes the Secretary of the In- may consume to the gentleman from strategic military location following terior to establish the Yuma Crossing Arizona (Mr. PASTOR). the Mexican war. Settlers and the Mr. PASTOR. Mr. Speaker, first of National Heritage Area. This bill would Quechan Indians fought for the rights serve to protect and conserve the his- all, I want to thank the gentleman to hold ferry operations across the Col- toric elements located in the Yuma from Utah (Chairman HANSEN) and the orado. In 1852, Fort Yuma was estab- community. gentleman from´ Puerto Rico (Mr. RO- lished to keep the peace between the Its purpose would be to further edu- MERO-BARCELO), the ranking member; settlers and the Quechans. cational, recreational, and economic and the gentleman from Alaska (Chair- In addition to its importance, Yuma opportunities of the region. The bill man YOUNG), the full committee chair- has become a major port town and also provides for measures which pre- man; and the gentleman from Cali- transportation hub. Steamboats were serve the historic features of the Yuma fornia (Mr. GEORGE MILLER), the rank- used to freight supplies, as well as Crossing. ing member; for bringing this bill on stagecoach and camel caravans were The Yuma Crossing was the national the floor today. used to transport supplies. But as crossing place for the Colorado River. Mr. Speaker, I rise in strong support Yuma grew, more sophisticated modes This geographic feature eventually led of this legislation and ask that the of transportation were demanded, the Yuma to become the epicenter of House support the efforts of the entire outgrowth of which resulted in the de- America’s westward expansion during Yuma community to designate the velopment of the Southern Pacific the mid-19th century. The area hosts Yuma Crossing as a national heritage Railroad. With the establishment of many cultural, historic, and architec- area. I want to assure this body that the Southern Pacific Railroad, Yuma tural resources. the entire area is united behind the established itself as a major con- The management of the national her- principles of this legislation. necting point in the westward expan- itage area is to be conducted by the More than 60 years before the Euro- sion of our country. Secretary and the management entity pean settlement in Jamestown, Vir- Today, the city of Yuma has a popu- known as Yuma Crossing National Her- ginia, and more than 80 years, before lation of 70,000 residents, the third itage Area Board of Directors. The the pilgrims landed at Plymouth Rock, largest city in Arizona. Along with its management entity is to develop a Francisco Vasquez de Coronado importance in the development of the comprehensive plan that supports the marched across southeastern Arizona West, there is a combination of arid goals and operations of the heritage in search of the fabled Seven Cities of desert landscapes, rugged mountains area and to work directly with the Sec- Gold. To supply Coronado’s expedition, and wetlands that is the natural envi- retary in the implementation of this Captain Hernando de Alarcon com- ronment for this area which we want to plan. This is supported on a bipartisan manded three ships through the Gulf of preserve. basis, and I commend the gentleman California into the mouth of the Colo- Designating Yuma Crossing as a na- from Arizona (Mr. PASTOR) for his ef- rado River. tional heritage area will preserve

VerDate 25-JUL-2000 06:13 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.082 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6879 Yuma’s early heritage and highlight to the Government of Guam in accordance with graph (1) within the 180-day period, the Admin- Yuma Crossing’s importance to open- subsections (c) and (d). Otherwise, the Adminis- istrator shall provide a report to Congress on the ing the American West to exploration trator shall dispose of the property in accord- status of the discussions, together with rec- and settlement. ance with the Federal Property and Administra- ommendations on the likelihood of resolution of tive Services Act of 1949 (40 U.S.C. 471 et seq.). differences and the comments of the Fish and b 1645 (c) COMPENSATION.—A transfer of excess real Wildlife Service and the Government of Guam. property under subsection (b) to the Government If the subject property is under the jurisdiction The designation will also serve to of Guam for a public purpose shall be made of a military department, the Secretary of the preserve and protect its vital wildlife without reimbursement or other compensation military department may transfer administrative habitats and wetland areas. Yuma from the Government of Guam. control over the property to the General Services Crossing is a vital link in our Nation’s (d) CONDITIONS.— Administration. Absent an agreement on the fu- heritage, and it is for these reasons (1) RESTRICTIVE COVENANTS.—All transfers of ture ownership and use of the property, the that I proudly introduce this legisla- excess real property under subsection (b) to the property may not be transferred to another Fed- tion that will designate Yuma Crossing Government of Guam shall be subject to such re- eral agency or out of Federal ownership except strictive covenants as the Administrator deter- pursuant to an Act of Congress specifically as a national heritage area. I urge the mines to be necessary to ensure that— identifying the property. House to support preserving an impor- (A) the use of the property is compatible with (4) EVENTUAL AGREEMENT.—If the parties tant part of our Southwestern herit- continued military activities on Guam; come to an agreement prior to congressional ac- age. (B) the use of the property is consistent with tion in response to a report under paragraph (3) Mr. UNDERWOOD. Mr. Speaker, I the environmental condition of the property; and the agreement is submitted to the Committee have no further requests for time, and (C) access is available to the United States to on Energy and Natural Resources of the United States Senate and the Committee on Resources I yield back the balance of my time. conduct any additional environmental remedi- ation or monitoring that may be required; of the United States House of Representatives Mr. HANSEN. Mr. Speaker, I yield (D) to the extent the property was transferred not less than 60 days prior to any transfer of the myself such time as I may consume. for a public purpose, the property is so used; real property under the agreement, the real Mr. Speaker, I compliment my friend and property shall be transferred and managed in from Arizona on the good work he has (E) to the extent the property has been used accordance with the agreement. Any such trans- done on this bill to get it to this point. by another Federal agency for a minimum of fer shall be subject to the other provisions of He has done a yeoman’s job on it, and two years, the transfer to the Government of this section. (g) DUAL CLASSIFICATION PROPERTY.—If a it is a good piece of legislation. I urge Guam is subject to the terms and conditions of those permit interests until the expiration of parcel of real property on Guam that is declared my colleagues to support it. those permits. excess as a result of a base closure law also falls Mr. Speaker, I have no further re- (2) CONSULTATION.—In the case of real prop- within the boundary of the Guam National quests for time, and I yield back the erty reported excess by a military department Wildlife Refuge, such parcel of property shall be balance of my time. and in all cases with respect to paragraph disposed of in accordance with the base closure The SPEAKER pro tempore (Mr. (1)(A), the Administrator shall consult with the law. Secretary of Defense regarding the restrictive (h) AUTHORITY TO ISSUE REGULATIONS.—The PEASE). The question is on the motion Administrator of General Services, after con- offered by the gentleman from Utah covenants to be imposed on a transfer of the property. sultation with the Secretary of Defense and the (Mr. HANSEN) that the House suspend (3) OTHER LAWS.—All transfers of excess real Secretary of Interior, may issue such regulations the rules and pass the bill, H.R. 2833, as property under subsection (b) to the Government as the Administrator deems necessary to carry amended. of Guam are subject to all otherwise applicable out this section. The question was taken; and (two- Federal laws, except section 2696 of title 10, (i) DEFINITIONS.—For the purposes of this sec- United States Code. Any property that the Gov- tion: thirds having voted in favor thereof) (1) The term ‘‘Administrator’’ means— the rules were suspended and the bill, ernment of Guam has the opportunity to acquire (A) the Administrator of General Services; or as amended, was passed. under subsection (b) shall not be subject to sec- (B) the head of any Federal agency with the A motion to reconsider was laid on tion 501 of the Stewart B. McKinney Homeless authority to dispose of excess real property on the table. Assistance Act (42 U.S.C. 11411). Guam. (e) EXEMPTIONS.—Notwithstanding that real (2) The term ‘‘base closure law’’ means the f property located on Guam and described in this Defense Base Closure and Realignment Act of GUAM OMNIBUS OPPORTUNITIES subsection may be excess real property, this sec- 1990 (part A of title XXIX of Public Law 101– tion shall not apply— ACT 510; 10 U.S.C. 2687 note), title II of the Defense (1) to real property on Guam that is located Authorization Amendments and Base Closure Mr. HANSEN. Mr. Speaker, I move to within the Guam National Wildlife Refuge, and Realignment Act (Public Law 100–526; 10 suspend the rules and pass the bill which shall be transferred in accordance with U.S.C. 2687 note), or similar base closure au- (H.R. 2462) to amend the Organic Act of subsection (f); thority. (2) to real property described in the Guam Ex- (3) The term ‘‘excess real property’’ means ex- Guam, and for other purposes, as cess Lands Act (Public Law 103–339, 108 Stat. amended. cess property (as that term is defined in section 3116), which shall be disposed of in accordance 3 of the Federal Property and Administrative The Clerk read as follows: with such Act; or Services Act of 1949 (40 U.S.C. 472)) that is real H.R. 2462 (3) to real property on Guam that is declared property and was acquired by the United States Be it enacted by the Senate and House of Rep- excess as a result of a base closure law. prior to the enactment of this section. resentatives of the United States of America in (f) TREATMENT OF GUAM NATIONAL WILDLIFE (4) The term ‘‘Guam National Wildlife Ref- Congress assembled, REFUGE LANDS.— uge’’ includes those lands within the refuge (1) NOTIFICATION OF AVAILABILITY; NEGOTIA- SECTION 1. SHORT TITLE. overlay under the jurisdiction of the Depart- TIONS.—The Administrator shall notify the Gov- ment of Defense, identified as Department of This Act may be cited as the ‘‘Guam Omnibus ernment of Guam and the Fish and Wildlife Defense lands in figure 3, on page 74, and as Opportunities Act’’. Service that real property within the Guam Na- submerged lands in figure 7, on page 78 of the SEC. 2. GUAM LAND RETURN ACT. tional Wildlife Refuge has been declared excess. ‘‘Final Environmental Assessment for the Pro- (a) SHORT TITLE.—This section may be cited The Government of Guam and the Fish and posed Guam National Wildlife Refuge, Territory as the ‘‘Guam Land Return Act’’. Wildlife Service shall have 180 days to engage in of Guam, July 1993’’ to the extent that the Fed- (b) TRANSFER OF EXCESS REAL PROPERTY.— discussions toward an agreement providing for eral Government holds title to such lands. (1) NOTICE OF AVAILABILITY.—Except as pro- the future ownership and management of the (5) The term ‘‘public purpose’’ means those vided in subsection (e), before screening excess real property. public benefit purposes for which the United real property located on Guam for further Fed- (2) TRANSFER AND MANAGEMENT UNDER AGREE- States may dispose of property pursuant to sec- eral used under section 202 of the Federal Prop- MENT.—If the parties reach an agreement under tion 203 of the Federal Property and Adminis- erty and Administrative Services Act of 1949 (40 paragraph (1) within the 180-day period and the trative Services Act of 1949 (40 U.S.C. 484), as U.S.C. 471 et seq.), the Administrator shall no- agreement is submitted to the Committee on En- implemented by the Federal Property Manage- tify the Government of Guam that the property ergy and Natural Resources of the United States ment Regulations (41 CFR 101–47) or other pub- is available for transfer to the Government of Senate and the Committee on Resources of the lic benefit uses provided under the Guam Excess Guam pursuant to this section. United States House of Representatives not less Lands Act (Public Law 103–339; 108 Stat. 3116). (2) OPPORTUNITY FOR ACQUISITION BY GUAM.— than 60 days prior to any transfer of the real SEC. 3. GUAM FOREIGN DIRECT INVESTMENT EQ- If the Government of Guam, within 180 days property under the agreement, the property UITY ACT. after receiving notification under paragraph (1) shall be transferred and managed in accordance (a) SHORT TITLE.—This section may be cited with regard to certain real property, notifies the with the agreement. Any such transfer shall be as the ‘‘Guam Foreign Direct Investment Equity Administrator that the Government of Guam in- subject to the other provisions of this section. Act’’. tends to acquire the property under this section, (3) EFFECT OF LACK OF AGREEMENT.—If the (b) IN GENERAL.—Subsection (d) of section 31 the Administrator shall transfer such property parties do not reach an agreement under para- of the Organic Act of Guam (48 U.S.C. 1421i) is

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00101 Fmt 4634 Sfmt 6333 E:\CR\FM\K25JY7.150 pfrm02 PsN: H25PT1 H6880 CONGRESSIONAL RECORD — HOUSE July 25, 2000 amended by adding at the end the following return of future lands currently in pos- Guam, much of our treasure was ob- new paragraph: session of the Federal Government; tained by the Federal Government in ‘‘(3) In applying as the Guam Territorial in- two, allows the government to lower the years following World War II to as- come tax the income-tax laws in force in Guam pursuant to subsection (a) of this section, the the withholding tax rates imposed on sist in the defense of our nation. rate of tax under sections 871, 881, 884, 1441, foreign investors to equal that of the Nearly one-third of Guam, or roughly 1442, 1443, 1445, and 1446 of the Internal Rev- treatment of States under U.S. treaties 44,000 acres, was kept by the U.S. for enue Code of 1986 on any item of income from with other nations; three, provides a use by our military. It is easy to under- sources within Guam shall be the same as the narrow interpretation for Guam to be stand why this would be the case, be- rate which would apply with respect to such included in the U.S. Customs Zone for cause of Guam’s strategic location to item were Guam treated as part of the United the purpose of importing betel nuts by Asia, and it is understandable that our States for purposes of the treaty obligations of an individual for personal consump- military continued to retain this prop- the United States.’’. (c) CERTAIN GUAM-BASED TRUSTS EXEMPT.— tion; and, four, authorizes the gov- erty throughout the Cold War. But the The provisions of this section shall not apply to ernors of the territories and the State Cold War is now over, and although we any Guam-based trust formed pursuant to Divi- of Hawaii to report to the Secretary of still have some genuine concerns over sion 2 of Title 11, Chapter 160, of the Guam Code the Interior Department on the finan- the instability of some Asian coun- Annotated. cial and social impacts of the Com- tries, excess Federal property on Guam (d) EFFECTIVE DATE.—The amendment made pacts of Free Association on their re- should be returned to Guam, and we by subsection (b) shall apply to amounts paid have worked this very closely with the after the date of the enactment of this Act. spective jurisdictions. Mr. Speaker, I would like to add that Department of Defense. SEC. 4. IMPORTATION OF BETEL NUTS (‘‘ARECA NUTS’’) FOR PERSONAL CONSUMP- our staff person, Manase Mansur, this In the 103rd Congress I was successful TION. is the last bill that he has worked on. in getting legislation passed in Con- (a) IN GENERAL.—Notwithstanding any other He has done us a great job on the com- gress to return 3,200 acres of Federal provision of law (including sections 402 and 801 mittee, and we wish him well in his fu- land to the Government of Guam for of the Federal Food, Drug, and Cosmetic Act (21 ture endeavors. public benefit, and I am pleased to ac- U.S.C. 342 and 381)), Guam shall be deemed to I urge the support of Members for knowledge the work of our good friend be within the customs territory of the United States in the case of importation from Guam this measure. the gentleman from Utah (Mr. HANSEN) into the United States of betel nuts (also known Mr. Speaker, I reserve the balance of on that particular bill, and I am as ‘‘areca nuts’’) by an individual for personal my time. pleased that 900 acres were deeded over consumption by the individual. Mr. UNDERWOOD. Mr. Speaker, I to the Government of Guam just last (b) DEFINITIONS.—In this section: yield myself such time as I may con- month, and I am anxious for the return (1) BETEL NUTS.—The term ‘‘betel nuts’’ sume. of more property. means husked betel nuts grown in Guam. (Mr. UNDERWOOD asked and was H.R. 2462 builds on this policy of re- (2) CUSTOMS TERRITORY OF THE UNITED STATES.—The term ‘‘customs territory of the given permission to revise and extend turning excess Federal property on United States’’ has the meaning given the term his remarks.) Guam to the Government of Guam be- in general note 2 of the Harmonized Tariff Mr. UNDERWOOD. Mr. Speaker, as fore it is offered to other Federal agen- Schedule of the United States. you may understand, this bill is very cies or organizations. This legislation SEC. 5. COMPACT IMPACT REPORTS. important to me and to the people of establishes a process where the Govern- Paragraph 104(e)(2) of Public Law 99–239 (99 Guam. I certainly want to thank all of ment of Guam is notified that Federal Stat. 1770, 1788) is amended by deleting ‘‘Presi- those involved, especially the staff on land is excess, and the island then has dent shall report to the Congress with respect to both sides; the gentleman from Alaska the opportunity to acquire it at no cost the impact of the Compact on the United States (Chairman YOUNG); and the ranking territories and commonwealths and on the State for public benefit purposes. of Hawaii.’’ and inserting in lieu thereof the fol- member, the gentleman from Cali- H.R. 2462 also provides for a process lowing: ‘‘Governor of any of the United States fornia (Mr. GEORGE MILLER). I thank for the Government of Guam and the territories or commonwealths or the State of Ha- the gentleman for the words of support, U.S. Fish and Wildlife Service to en- waii may report to the Secretary of the Interior and I also want to publicly thank the gage in negotiations on the ownership by February 1 of each year with respect to the staff for their work, on both sides, in- and management of declared Federal financial and social impacts of the compacts of cluding Manase Mansur. This is shock- excess lands within the Guam National free association on the Governor’s respective ju- ing news to me, that he is departing Wildlife Refuge. The administration, in risdiction. The Secretary of the Interior shall re- the scene. discussion on this particular section of view and forward any such reports to the Con- gress with the comments and recommendations But, in any event, as indicated, H.R. the bill, has raised some concerns on of the Administration. The Secretary of the In- 2462 is omnibus legislation that is com- this part of the bill; and I assured them terior shall, either directly or, subject to avail- prised of four distinct sections to ad- I will work with them to make sure able technical assistance funds, through a grant dress issues relevant to my home is- that land is returned and used for a to the affected jurisdiction, provide for a census land. The legislation provides Guam clear public purpose. of Micronesians at intervals no greater than five the right of first refusal for the return H.R. 2462 also addresses an issue that years from each decennial United States census of future lands currently in the posses- could have great economic potential using generally acceptable statistical methodolo- sion of the Federal Government; allows for Guam. The Organic Act of Guam gies for each of the impact jurisdictions where the Governor requests such assistance, except the government to lower the with- authorized the local Government to that the total expenditures to carry out this sen- holding tax rates imposed on foreign implement a mirror image tax system tence may not exceed $300,000 in any year.’’. investors in order to equal it to the the same as the U.S. Internal Revenue The SPEAKER pro tempore. Pursu- treatment of States under U.S. treaties Code. The Internal Revenue Code, un- ant to the rule, the gentleman from with other nations; provides a narrow fortunately, imposes a withholding tax Utah (Mr. HANSEN) and the gentleman interpretation for Guam to be included of 30 percent on foreign investors, ex- from Guam (Mr. UNDERWOOD) each will in the U.S. Customs Zone for the pur- cept that in the case of the rest of the control 20 minutes. pose of importing betel nuts for per- United States these rates have been ad- The Chair recognizes the gentleman sonal consumption; and authorizes the justed according to treaty obligations from Utah (Mr. HANSEN). governors of the territories and the negotiated by the United States with Mr. HANSEN. Mr. Speaker, I yield State of Hawaii to report to the Sec- foreign countries. However, Guam is myself such time as I may consume. retary of Interior on the financial and not included in those tax treaties. Mr. Speaker, the Guam Omnibus Op- social impacts of the Compacts of Free This section simply asks that Guam portunities Act, H.R. 2462, introduced Association on their respective juris- be treated the same as every other ju- by the gentleman from Guam (Mr. dictions. risdiction in the United States for pur- UNDERWOOD) has been developed on a Mr. Speaker, as you can imagine, one poses of withholding tax for foreign in- bipartisan basis and contains four pro- of the most valuable resources to an is- vestors. This omission has cost us some visions affecting our territory in the land is land. For smaller islands, such foreign investment, and this is a very Western Pacific. as Guam, whose land mass is approxi- critical time for our island. We are suf- The bill proposes to, one, provide mately 212 square miles, land is highly fering over 15 percent unemployment Guam the right of first refusal for the valued and highly treasured. For due to the downturn in Asia. We think

VerDate 25-JUL-2000 04:17 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.084 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6881 that this will give us an opportunity to the continental United States, the his- Mr. UNDERWOOD. Mr. Speaker, I recover some of our economic success tory of these lands is often different in thank the gentleman from American we had earlier in the 1990s. insular areas, and the Territory of Samoa for his kinds words. A third section of H.R. 2462 has re- Guam is an example. Mr. Speaker, I yield 2 minutes to the ceived a lot of attention in Guam, not In Guam, one-third of the land on the gentlewoman from the Virgin Islands a lot of attention here, and it is humor- island is owned by the Federal Govern- (Mrs. CHRISTENSEN). ous for many of our constituents. My ment and was taken, in most cases, for Mrs. CHRISTENSEN. Mr. Speaker, I people chew the betel nut. The betel military purposes. Perhaps our col- thank the gentleman for yielding me nut in a mature form is a hard nut leagues are not aware of the fact that time. which has been banned from movement we currently have about a $10 billion I too rise in strong support of H.R. across the Customs Zone. Because presence of military bases, military 2462, and I want to congratulate and Guam is outside the Customs Zone, we equipment and personnel currently commend my good friend from Guam are sometimes treated as foreigners for now on the island of Guam. (Mr. UNDERWOOD) for his tireless efforts this particular purpose. What this bill Now that the land is no longer need- and hard work over the several years it does is it does not allow it to be ed, it should be returned to its previous took to get this bill to this point brought in for agricultural problems, it owners, or, at a minimum, as it is done today. just says if it is for personal consump- in this bill, give the local Government As a cosponsor of H.R. 2462, I support tion, then it should be allowed to go the option of acquiring it. I note in the the efforts of the gentleman from last Congress, Mr. Speaker, the Senate through the Customs Zone. Guam (Mr. UNDERWOOD) to return land The last section of the bill is equally passed a similar piece of legislation, that was taken by the U.S. Govern- of great concern, not only for Guam, and I hope that we can get this provi- ment from the people of Guam during but other U.S. areas like the Common- sion through both houses of the Con- World War II. H.R. 2462 will address wealth of the Northern Marianas and gress this year. this issue by providing a process for Mr. Speaker, it is unfortunate that the State of Hawaii. This authorizes the Government of Guam to receive Guam has to come to Congress every the governors of those areas to submit lands from the U.S. Government for time it wants to amend the Tax Code a report and requires the Department specified public purposes by giving applicable to its own residents. As has of Interior to respond relative to the been noted, current law mandates a 30 Guam the right of first refusal of de- impact of the right of citizens of three percent withholding tax on foreign in- clared Federal excess lands by the Gen- new States, three new independent na- vestors, yet it is lower than that for eral Services administrator prior to it tions, to freely migrate into the United most foreign investors who invest in being made available to any other Fed- States. the 50 States. This is an obvious dis- eral agency. This is good sense legislation. I want incentive for investment in the Terri- b 1700 to again thank the gentleman from tory of Guam, and I am glad to see we Alaska (Chairman YOUNG) and the gen- Mr. Speaker, the people of Guam are alleviating this burden today. have suffered greatly because of their tleman from California (Mr. GEORGE I know this issue of betel nut con- MILLER) for working with me to ad- love for this country. Guamanians have sumption by the people of Guam has been under U.S. sovereignty since 1898. dress concerns raised by the adminis- been an issue for some time. This bill During World War II, Japanese forces tration during the full committee hear- addresses this problem by treating invaded and took control of Guam for ing. We did make some changes that Guam as being within the U.S. customs 32 months. The people of Guam suffered addressed those concerns. I understand territory for the purpose of importing atrocities, including executions, rapes, there may still remain some issues, but betel nuts from Guam to the United beatings, imprisonment, forced labor I am sure we can work with them as States by an individual for personal and forced marches, primarily due to this legislation moves through the Sen- consumption. While not important to their continued loyalty to the United ate. most Americans, I guess, it is of cul- States. Mr. Speaker, I yield such time as he tural significance to many of the peo- Mr. Speaker, the people of Guam may consume to the gentleman from ple of Guam, and I suspect also my have been seeking to have the issues of American Samoa (Mr. FALEOMAVAEGA). friends from the other islands of Micro- I am proud to say I am probably the nesia. I certainly support this change the return of Guam lands and restitu- only person who pronounces his name in the law. tion to Guamanians who suffered right. Mr. Speaker, this legislation also ad- atrocities in World War II addressed for Mr. FALEOMAVAEGA. Mr. Speaker, dresses the continued problem caused more than a decade now. It is time that I do want to commend the gentleman by the migration of citizens from the they be resolved. How much longer from Guam for pronouncing my name freely associated States, the Federated must we make the people of Guam properly, and you yourself, you did States of Micronesia, the Republic of wait? As for myself, I pledge to do all very well. Sometimes I wish maybe my Palau and the Republic of the Marshall that I can to assist the gentleman from colleagues should call me John Wayne Islands. The residents from these enti- Guam (Mr. UNDERWOOD) in finding a just for he the sense of making it a lit- ties migrate to Guam and other Pacific resolution to these issues that is ac- tle more clear. jurisdictions in the United States. ceptable to the people of Guam. Mr. Speaker, I do want to express my Now, while Guam and Hawaii need I ask my colleagues to also support strong support of H.R. 2462, the Guam more than a report to assist them with the people of Guam and to support this Omnibus Opportunities Act, chiefly the impact of this migration, I do hope legislation. sponsored by my good friend and col- the report will provide the basis upon Mr. UNDERWOOD. Mr. Speaker, I league, the gentleman from Guam (Mr. which substantial assistance can and yield myself such time as I may con- UNDERWOOD). I want to commend the will be provided, not only to Guam, but sume. gentleman, who also serves as the to all the affected Pacific jurisdictions. Mr. Speaker, I just want to again Chairman of the Asian-Pacific Congres- Again, Mr. Speaker, I want to com- thank everyone who worked hard with sional Caucus. I also want to thank the mend the gentleman from Alaska the staffs of both sides, my own staff, gentleman from Utah (Mr. HANSEN) for (Chairman YOUNG) and our ranking Nick Minella, who is also leaving. With his management of this legislation, and Democrat, the gentleman from Cali- that, I want to thank the gentleman certainly want to commend him for his fornia (Mr. GEORGE MILLER), for their from Utah (Mr. HANSEN) for his support assistance. efforts in working with all the parties and kind words. I would like to thank Mr. Speaker, the return of Federal involved, and to get this legislation to again the gentleman from California excess land to the people of Guam is an the House, especially I want to com- (Mr. GEORGE MILLER) and the gen- issue that has been under discussion mend the gentleman from Guam (Mr. tleman from Alaska (Mr. YOUNG) for for far too long. While the policy of of- UNDERWOOD), for his leadership in their support on this effort. fering Federal land to other Federal bringing this important bill to the Mr. GEORGE MILLER of California. Mr. agencies when it is no longer needed by floor. I urge my colleagues to support Speaker, I rise in support of H.R. 2462Ðthe one agency is sound for most land in this legislation. Guam Omnibus Opportunities ActÐof which I

VerDate 25-JUL-2000 04:59 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00103 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.154 pfrm02 PsN: H25PT1 H6882 CONGRESSIONAL RECORD — HOUSE July 25, 2000 am a cosponsor along with the Chairman of my colleagues to support H.R. 2462Ðthe may have 5 legislative days within the Resources Committee. I recognize and Guam Omnibus Opportunities Act. which to revise and extend their re- congratulate our colleague from Guam, Mr. Mr. UNDERWOOD. Mr. Speaker, I marks, and include extraneous mate- UNDERWOOD, for his hard work and collabora- yield back the balance of my time. rial therein, on H.R. 3236. tion with the staff of the Committee to craft Mr. HANSEN. Mr. Speaker, I yield The SPEAKER pro tempore. Is there legislation which addresses some very com- back the balance of my time. objection to the request of the gen- plex issues facing the people of Guam. Some The SPEAKER pro tempore (Mr. tleman from Utah? may not realize how difficult a job it is for the PEASE). The question is on the motion There was no objection. delegates from the territories to move legisla- offered by the gentleman from Utah Mr. CANNON. Mr. Speaker, I yield tion through the Congress and I, for one, am (Mr. HANSEN) that the House suspend myself such time as I may consume. glad that we are considering Mr. UNDER- the rules and pass the bill, H.R. 2462, as Mr. Speaker, I am pleased to be dis- WOOD's legislation today. amended. cussing H.R. 3236, which I introduced The Guam Omnibus Opportunities Act is The question was taken; and (two- with my colleague, the gentleman from legislation which, among other things, ad- thirds having voted in favor thereof) Utah (Mr. HANSEN). This legislation au- dresses two very important issues for the peo- the rules were suspended and the bill, thorizes the Secretary of Interior, ple of GuamÐthe future return of federal ex- as amended, was passed. through the Bureau of Reclamation, to cess lands on Guam and the expansion of the A motion to reconsider was laid on enter into contracts with the Weber island's economy. H.R. 2462 puts into place, the table. Basin Water Conservancy District to a process wherein the government of Guam is f allow the delivery of non-Federal given first consideration in the return of federal GENERAL LEAVE project water for domestic, municipal, excess land. As chairman of the Resources industrial, and other beneficial pur- Committee during the 103rd Congress, we Mr. HANSEN. Mr. Speaker, I ask poses using facilities associated with passed legislation, authored by Mr. UNDER- unanimous consent that all Members the Weber Basin Project. WOOD, which identified 3,200 acres of federal may have 5 legislative days within Such congressional authorization is excess lands no longer needed by the federal which to revise and extend their re- required by the Warren Act and there government for return to the government of marks, and include extraneous mate- are a number of Western reclamation Guam to benefit the people of Guam. This rial on H.R. 2919, S. 1629, H.R. 3676, H.R. projects which have already been given was the first step in helping to address the 4275, S. 1910, H.R. 2833, and H.R. 2462, such authority including the Central very unique circumstances of Guam's history the last seven bills just considered. Utah Project. The Weber Basin Conser- and the federal acquisition of 1/3 of the island The SPEAKER pro tempore. Is there vancy District constructed the Smith after WWII for purposes of national defense. objection to the request of the gen- Morehouse Dam and Reservoir in the Currently, the return of excess federal land is tleman from Utah? early 1980s with local Weber Basin governed by the General Service Administra- There was no objection. funding resources creating a supply of tion's land return process which can com- f non-Federal project water. pletely prevent Guam from regaining the land, USE OF WEBER BASIN PROJECT There is now a need to deliver ap- in favor of other federal interests. H.R. 2462 FACILITIES FOR NONPROJECT proximately 5,000 acre feet of this non- builds upon the success of our work during WATER Federal Smith Morehouse water supply the 103rd Congress and establishes a process along with approximately 5,000 acre Mr. CANNON. Mr. Speaker, I move to in which federal property no longer necessary feet of Federal Weber Basin Project suspend the rules and pass the bill for the continuing operations of the defense of water utilizing some federally built (H.R. 3236) to authorize the Secretary our nation is returned to the government of project facilities to the Snyderville of the Interior to enter into contracts Guam for uses consistent with benefitting the Basin Area of Summit County and to with the Weber Basin Water Conser- island's community. Park City. These are rapidly growing vancy District, Utah, to use Weber H.R. 2462 also contains a novel approach areas of my congressional district. to increase investment into Guam by allowing Basin Project facilities for the im- The Weber Basin Water Conservancy the government to match the withholding tax pounding, storage, and carriage of non- District entered into a memorandum of rates of foreign investors to equal the same project water for domestic, municipal, understanding and agreement in 1996 to rate offered in U.S. treaties for foreign inves- industrial, and other beneficial pur- deliver this water approximately 14 tors doing business in the 50 states. Guam's poses, as amended. miles from Weber Basin Weber River The Clerk read as follows: U.S. ``mirror image'' tax system was instituted sources upon the execution of an with the passage of its organic act in 1950. H.R. 3236 interlocal agreement with Park City The Internal Revenue Code requires a with- Be it enacted by the Senate and House of Rep- and Summit County. The Warren Act holding tax rate of 30 percent on foreign in- resentatives of the United States of America in requires that legislation be enacted to Congress assembled, vestors with the exception of withholding tax enable the district to move ahead with SECTION 1. USE OF WEBER BASIN PROJECT FA- rates negotiated in U.S. treaties with foreign CILITIES FOR NONPROJECT WATER. this agreement with the county and nations. These rates are often lowered to en- The Secretary of the Interior may enter into Park City to deliver the water utilizing courage foreign investment into the United contracts with the Weber Basin Water Conser- Bureau-built Weber Basin Project fa- States. It is often the case, however, that the vancy District or any of its member unit con- cilities. definition of the United States does not include tractors under the Act of February 21, 1911 (43 The Utah State Engineer last year Guam or the other U.S. territories. The exclu- U.S.C. 523), for— stopped approval of new groundwater sion of the territories, has for better or worse, (1) the impounding, storage, and carriage of sources in the area. We do not have any nonproject water for domestic, municipal, indus- penalized Guam in this instance since the ma- trial, and other beneficial purposes, using facili- more wells that we can drill there. jority of their private sector development has ties associated with the Weber Basin Project, This, along with the tremendous come from foreign sources. Amending Guam's Utah; and growth in the area, due in part to the Organic Act to equal the withholding tax rate (2) the exchange of water among Weber Basin 2002 Olympics, has led to an immediate under U.S. treaties will boost their attraction to Project contractors, for the purposes set forth in need to import water to the area. The foreign investors and benefit the island's long- paragraph (1), using facilities associated with area to be served is within the taxing term private sector diversification. the Weber Basin Project, Utah. area of the Weber Basin District, and I am mindful that over the past several The SPEAKER pro tempore. Pursu- there is a definite need for a public en- years, the economy of Guam has spiraled ant to the rule, the gentleman from tity to build a project to supply an ade- downwards due to decreased military pres- Utah (Mr. CANNON) and the gentleman quate, reliable, and cost-effective ence and the slumping economies in Asia. I from Guam (Mr. UNDERWOOD) each will water delivery project to meet future am happy that we are attempting to address control 20 minutes. demands. these issues in terms of making future excess The Chair recognizes the gentleman I hope we can pass this legislation to federal land available to the island government from Utah (Mr. CANNON). enable the District to expeditiously for public benefit uses and the lifting of restric- GENERAL LEAVE construct this project. tive taxes on foreign investors. I thank Mr. Mr. CANNON. Mr. Speaker, I ask Mr. Speaker, I reserve the balance of UNDERWOOD again for his legislation and urge unanimous consent that all Members my time.

VerDate 25-JUL-2000 04:59 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.113 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6883 Mr. UNDERWOOD. Mr. Speaker, I (4) In July 1905, the United States, through (C) shall not require such tribe, members, yield myself such time as I may con- the Acting United States Indian Agent in Be- or person to deliver or transfer any water or sume. half of the Indians of the Uintah Indian Res- water rights for such connection. (Mr. UNDERWOOD asked and was ervation, Utah, filed 2 applications, 43–180 (2) LIMITATION.—Paragraph (1) shall not be and 43–203, under the laws of the State of given permission to revise and extend construed to prohibit Duchesne City from Utah to appropriate certain waters. charging any person that connects to the his remarks.) (5) The stated purposes of the water appro- Duchesne City municipal water system pur- Mr. UNDERWOOD. Mr. Speaker, H.R. priation applications were, respectively, ‘‘for suant to paragraph (1) reasonable, cus- 3236 authorizes the Secretary of the In- irrigation and domestic supply for townsite tomary, and nondiscriminatory fees to re- terior to enter into Warren Act con- purposes in the lands herein described’’, and cover costs of the operation and mainte- tracts for water from the Weber Basin ‘‘for the purpose of irrigating Indian allot- nance of the water system to treat, trans- project in Utah. These contracts are an ments on the Uintah Indian Reservation, port, and deliver water to the person. important water management tool in Utah, . . . and for an irrigating and domestic SEC. 4. WATER RIGHTS. water supply for townsite purposes in the the Western United States where there (a) NO RELINQUISHMENT OR REDUCTION.—Ex- lands herein described’’. cept as provided in section 3, nothing in this is an opportunity to use a nearby Bu- (6) The United States subsequently filed reau of Reclamation project to trans- Act may be construed as a relinquishment or change applications which provided that the reduction of any water rights reserved, ap- port local water supplies for municipal entire appropriation would be used for mu- propriated, or otherwise secured by the nicipal and domestic purposes in the town of or other uses. United States in the State of Utah on or be- Duchesne, Utah. We support the legislation, and we fore the date of enactment of this Act. (7) The State Engineer of Utah approved congratulate the gentleman from Utah (b) NO PRECEDENT.—Nothing in this Act the change applications, and the State of (Mr. CANNON) on his effort. may be construed as establishing a precedent Utah issued water right certificates, identi- Mr. Speaker, I yield back the balance for conveying or otherwise transferring fied as Certificate Numbers 1034 and 1056, in water rights held by the United States. of my time. the name of the United States Indian Service Mr. CANNON. Mr. Speaker, I yield in 1921, pursuant to the applications filed, for SEC. 5. TRIBAL RIGHTS. myself such time as I may consume. domestic and municipal uses in the town of Nothing in this Act may be construed to Mr. Speaker, I would just once again Duchesne. affect or modify any treaty or other right of state this legislation is needed to con- (8) Non-Indians settled the town of the Ute Indian Tribe or any other Indian tinue the development of much-needed Duchesne, and the inhabitants have utilized tribe. water resources in the Weber Basin the waters appropriated by the United States The SPEAKER pro tempore. Pursu- Water Conservancy District. I urge my for townsite purposes. ant to the rule, the gentleman from colleagues to join me in supporting (9) Pursuant to title V of Public Law 102– Utah (Mr. CANNON) and the gentleman 575, Congress ratified the quantification of from Guam (Mr. UNDERWOOD) each will this necessary legislation. the reserved waters rights of the Ute Indian Mr. Speaker, I yield back the balance Tribe, subject to reratification of the water control 20 minutes. of my time. compact by the State of Utah and the Tribe. The Chair recognizes the gentleman The SPEAKER pro tempore. The (10) The Ute Indian Tribe does not oppose from Utah (Mr. CANNON). question is on the motion offered by legislation that will convey the water rights GENERAL LEAVE the gentleman from Utah (Mr. CANNON) appropriated by the United States in 1905 to Mr. CANNON. Mr. Speaker, I ask that the House suspend the rules and the city of Duchesne because the appropria- unanimous consent that all Members pass the bill, H.R. 3236, as amended. tions do not serve the purposes, rights, or in- may have 5 legislative days within terests of the Tribe or its members, because The question was taken; and (two- which to revise and extend their re- thirds having voted in favor thereof) the full amount of the reserved water rights of the Tribe will be quantified in other pro- marks, and include extraneous mate- the rules were suspended and the bill, ceedings, and because the Tribe and its mem- rial therein, on H.R. 3468. as amended, was passed. bers will receive substantial benefits through The SPEAKER pro tempore. Is there A motion to reconsider was laid on such legislation. objection to the request of the gen- the table. (11) The Secretary of the Interior requires tleman from Utah? f additional authority in order to convey title There was no objection. to those appropriations made by the United Mr. CANNON. Mr. Speaker, I yield DUCHESNE CITY WATER RIGHTS States in 1905 in order for the city of CONVEYANCE ACT Duchesne to continue to enjoy the use of myself such time as I may consume. Mr. Speaker, I am glad to have the Mr. CANNON. Mr. Speaker, I move to those water rights and to provide additional opportunity to discuss H.R. 3468, the suspend the rules and pass the bill benefits to the Ute Indian Tribe and its members as originally envisioned by the 1905 Duchesne City Water Rights Convey- (H.R. 3468) to direct the Secretary of appropriations. ance Act on the House floor. This legis- the Interior to convey certain water SEC. 3. CONVEYANCE OF WATER RIGHTS TO lation gives the city of Duchesne rights rights to Duchesne City, Utah, as DUCHESNE CITY, UTAH. to water owned by the United States amended. (a) CONVEYANCE.—The Secretary of the In- The Clerk read as follows: terior, as soon as practicable after the date Indian Service. Duchesne is currently using this water and has used it since H.R. 3468 of enactment of this Act, and in accordance with all applicable law, shall convey to the city was established. Be it enacted by the Senate and House of Rep- Duchesne City, Utah, or a water district cre- resentatives of the United States of America in Since this law corrects a legal anom- ated by Duchesne City, all right, title, and Congress assembled, aly, some historical background may interest of the United States in and to those SECTION 1. SHORT TITLE. be helpful. When the Uintah Indian water rights appropriated under the laws of Reservation was opened for settlement This Act may be cited as the ‘‘Duchesne the State of Utah by the Department of the City Water Rights Conveyance Act’’. Interior’s United States Indian Service and in 1905, land was auctioned to the high- SEC. 2. FINDINGS. identified as Water Rights Nos. 43–180 (Cer- est bidder under the Township Act and The Congress finds the following: tificate No. 1034) and 43–203 (Certificate No. the City of Duchesne was created. The (1) In 1861, President Lincoln established 1056) in the records of the State Engineer of acting Indian agent of the reservation the Uintah Valley Reservation by Executive Utah. filed two applications to appropriate order. The Congress confirmed the Executive (b) REQUIRED TERMS.— water with the Utah State Engineer. order in 1864 (13 Stat. 63), and additional (1) IN GENERAL.—As terms of any convey- lands were added to form the Uintah Indian ance under subsection (a), the Secretary These applications were intended for Reservation (now known as the Uintah and shall require that Duchesne City— irrigation and domestic supply in the Ouray Indian Reservation). (A) shall allow the Ute Indian Tribe of the City of Duchesne under the township (2) Pursuant to subsequent Acts of Con- Uintah and Ouray Reservation, its members, provisions. For many years now, at- gress, lands were allotted to the Indians of and any person leasing or utilizing land that tempts to place the water rights in the the reservation, and unallotted lands were is held in trust for the Tribe by the United name of Duchesne City have failed de- restored to the public domain to be disposed States and is located within the Duchesne spite acknowledgments by all inter- of under homestead and townsite laws. City water service area (as such area may be ested parties that the water rights (3) In July 1905, President Theodore Roo- adjusted from time to time), to connect to sevelt reserved lands for the townsite for the Duchesne City municipal water system; were meant for Duchesne City exclu- Duchesne, Utah, by Presidential proclama- (B) shall not require such tribe, members, sively. tion and pursuant to the applicable townsite or person to pay any water impact, connec- Since the United States Indian Serv- laws. tion, or similar fee for such connection; and ice no longer exists, there is no way to

VerDate 25-JUL-2000 04:59 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.160 pfrm02 PsN: H25PT1 H6884 CONGRESSIONAL RECORD — HOUSE July 25, 2000 transfer these water rights without Mr. Speaker, I yield back the balance English Lewis (CA) Ryun (KS) Eshoo Lewis (GA) Salmon legislation. In fact, this bill is at the of my time. Everett Lewis (KY) Sanchez request of the Utah State Engineer. The SPEAKER pro tempore. The Farr Linder Saxton Mr. Speaker, Utah is an arid State question is on the motion offered by Fletcher LoBiondo Scarborough and water is a valuable resource. The the gentleman from Utah (Mr. CANNON) Foley Lofgren Schakowsky Ford Lowey Serrano very nature of water rights ownership that the House suspend the rules and Fossella Lucas (KY) Sessions can be contentious. pass the bill, H.R. 3468, as amended. Fowler Lucas (OK) Shadegg For this reason, the legislation is ur- The question was taken; and (two- Frelinghuysen Luther Shaw gent and necessary. The City of thirds having voted in favor thereof) Gallegly Manzullo Shays Duchesne and the Ute Indian Tribe Ganske Markey Sherman the rules were suspended and the bill, Gejdenson Martinez Sherwood have worked hard on this legislation, as amended, was passed. Gekas McCrery Shimkus and they hope to transfer these water A motion to reconsider was laid on Gibbons McDermott Shuster Gilchrest McHugh Simpson rights during this session of Congress. the table. The Ute Indian Tribe will benefit by Gillmor McInnis Skeen f Goodling McKeon Smith (MI) this proposal, being able to connect to Gordon McKinney Smith (NJ) the Duchesne City Municipal Water Goss McNulty Smith (TX) b 1715 System without any water impact or Graham Meehan Snyder Granger Metcalf Souder connection fee. Furthermore, no mem- ANNOUNCEMENT BY THE SPEAKER Green (WI) Mica Spence bers of the tribe connecting to the mu- PRO TEMPORE Greenwood Miller (FL) Stark nicipal water system will be required Gutknecht Miller, George Stenholm to give up rights to water or water The SPEAKER pro tempore (Mr. Hall (TX) Minge Stump Hansen Mink Sununu rights that they hold in addition to the PEASE). Pursuant to clause 8 of rule XX, the Chair will now put the ques- Hastings (WA) Moore Sweeney municipal water. Hayes Moran (KS) Talent The version of the bill that is before tion on motions to suspend the rules on Hayworth Moran (VA) Tancredo us today includes language worked out which further proceedings were post- Hefley Morella Tanner poned earlier today in the order in Herger Myrick Tauscher between the Department of the Inte- Hill (IN) Nadler Tauzin rior, the Ute Indian Tribe, and the City which that motion was entertained. Hill (MT) Nethercutt Taylor (MS) of Duchesne. We now include findings Votes will be taken in the following Hilleary Ney Taylor (NC) that ensure that the full history of order: Hinchey Northup Terry H.R. 1651, to concur in the Senate Hobson Norwood Thompson (CA) these water rights is known. Hoekstra Nussle Thornberry Additionally, there is language that amendment, by the yeas and nays; Holt Ortiz Thune would ensure that tribal rights and H.R. 2919, by the yeas and nays; Hooley Ose Tiahrt current water rights are protected. S. 1910, by the yeas and nays. Horn Oxley Tierney Hostettler Packard Toomey I would like to thank all those who The Chair will reduce to 5 minutes Houghton Pallone Traficant have worked on this bill. Mayor Kim the time for any electronic vote after Hoyer Pease Udall (CO) Hamlin, Councilman Paul Tanner from the first such vote in this series. Hulshof Pelosi Upton Hunter Peterson (PA) Vitter Duchesne, and CRAIG SMITH, special f Hutchinson Pickering Walden counsel on water have worked hard to Hyde Pitts Walsh coordinate with the Department of the FISHERMEN’S PROTECTIVE ACT Isakson Pombo Watkins Interior and have come up with the AMENDMENTS OF 1999 Istook Porter Watts (OK) Jackson (IL) Portman Waxman compromise language that we now The SPEAKER pro tempore. The Johnson (CT) Pryce (OH) Weldon (FL) have before us. pending business is the question of sus- Johnson, Sam Quinn Weldon (PA) Again, Mr. Speaker, I am grateful for Kelly Radanovich Weller pending the rules and concurring in the the opportunity to bring this before Kind (WI) Ramstad Whitfield Senate amendment to the bill, H.R. Kingston Regula Wicker the House of Representatives. I look 1651. Knollenberg Reynolds Wilson forward to resolving this problem for Kolbe Riley Wolf The Clerk read the title of the bill. the City of Duchesne. Kuykendall Rogan Woolsey Mr. UNDERWOOD. Mr. Speaker, I The SPEAKER pro tempore. The LaHood Rogers Wu Larson Rothman Young (AK) yield myself such time as I may con- question is on the motion offered by the gentleman from New Jersey (Mr. Latham Roukema Young (FL) sume. LaTourette Roybal-Allard (Mr. UNDERWOOD asked and was SAXTON) that the House suspend the Leach Ryan (WI) rules and concur in the Senate amend- given permission to revise and extend NAYS—154 his remarks.) ment to the bill, H.R. 1651, on which the yeas and nays were ordered. Abercrombie Deutsch Kanjorski Mr. UNDERWOOD. Mr. Speaker, H.R. Ackerman Dingell Kaptur 3468 would convey to Duchesne City, The vote was taken by electronic de- Baca Dixon Kasich Utah, certain water rights now held in vice, and there were—yeas 265, nays Baird Doyle Kennedy 154, not voting 15, as follows: Barcia Duncan Kildee trust by the Secretary of the Interior. Bateman Engel Kilpatrick The bill would allow the Ute Indian [Roll No. 433] Becerra Etheridge King (NY) Tribe to connect to the municipal YEAS—265 Bentsen Evans Kleczka Berkley Fattah Klink water system of Duchesne City, Utah, Aderholt Boehlert Collins Blagojevich Filner Kucinich Allen Boehner Combest without payment of customary impact Bonior Forbes LaFalce Andrews Bonilla Cooksey and connection fees. It is my under- Borski Frank (MA) Lampson Archer Bono Cox Boswell Frost Lantos standing that the concerns raised by Armey Boyd Cramer Boucher Gephardt Largent Bachus Brady (TX) Crane the Department of the Interior have Brady (PA) Gonzalez Lee Baker Bryant Cunningham been satisfactorily resolved. We sup- Brown (FL) Goode Levin Baldacci Burr Davis (VA) Brown (OH) Goodlatte Lipinski port the legislation and congratulate Baldwin Burton Deal Capuano Green (TX) Maloney (CT) the gentleman from Utah (Mr. CANNON) Ballenger Buyer DeFazio Carson Gutierrez Maloney (NY) Barr Callahan Delahunt on his efforts. Clay Hall (OH) Mascara Barrett (NE) Calvert DeLauro Mr. Speaker, I yield back the balance Clement Hastings (FL) Matsui Barrett (WI) Camp DeLay Clyburn Hilliard McCarthy (MO) of my time. Bartlett Campbell DeMint Condit Hinojosa McCarthy (NY) Mr. CANNON. Mr. Speaker, I yield Bass Canady Diaz-Balart Conyers Hoeffel McGovern Bereuter Cannon Dickey myself such time as I may consume. Cook Holden McIntyre Berman Capps Dicks Mr. Speaker, again I would just like Costello Inslee Meek (FL) Berry Cardin Doggett Coyne Jackson-Lee Meeks (NY) to reiterate that this bill simply cor- Biggert Castle Dooley Crowley (TX) Millender- rects a legal anomaly. The City of Bilbray Chabot Doolittle Cummings Jefferson McDonald Bilirakis Chambliss Dreier Duchesne is using this water and Danner John Miller, Gary Bishop Chenoweth-Hage Dunn should bear title to it. I urge my col- Davis (FL) Johnson, E. B. Moakley Bliley Clayton Ehlers Davis (IL) Jones (NC) Mollohan leagues to join with me in supporting Blumenauer Coble Ehrlich DeGette Jones (OH) Murtha this legislation. Blunt Coburn Emerson

VerDate 25-JUL-2000 06:13 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.162 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6885 Napolitano Rivers Stabenow [Roll No. 434] Pitts Sessions Thune Neal Rodriguez Stearns Pombo Shadegg Thurman Oberstar Roemer Strickland YEAS—404 Pomeroy Shaw Tiahrt Obey Rohrabacher Stupak Porter Shays Tierney Abercrombie Dingell Kildee Olver Royce Thompson (MS) Portman Sherman Toomey Ackerman Dixon Kilpatrick Owens Rush Thurman Price (NC) Sherwood Towns Aderholt Doggett Kind (WI) Pascrell Sabo Towns Pryce (OH) Shimkus Traficant Allen Dooley King (NY) Pastor Sanders Turner Quinn Shows Turner Andrews Doolittle Kingston Paul Sandlin Udall (NM) Radanovich Shuster Udall (CO) Payne Sanford Velazquez Archer Doyle Kleczka Rahall Simpson Udall (NM) Peterson (MN) Sawyer Visclosky Armey Dreier Klink Ramstad Sisisky Upton Petri Schaffer Wamp Baca Duncan Knollenberg Rangel Skeen Velazquez Phelps Scott Waters Bachus Dunn Kolbe Regula Skelton Visclosky Pickett Sensenbrenner Watt (NC) Baird Ehlers Kucinich Reyes Slaughter Vitter Pomeroy Shows Weiner Baker Ehrlich Kuykendall Reynolds Smith (MI) Walden Price (NC) Sisisky Wexler Baldacci Emerson LaFalce Riley Smith (NJ) Walsh Rahall Skelton Weygand Baldwin Engel LaHood Rivers Smith (TX) Wamp Rangel Slaughter Wise Ballenger English Lampson Rodriguez Snyder Waters Reyes Spratt Wynn Barcia Eshoo Lantos Roemer Souder Watkins Barr Etheridge Larson Rogan Spratt Watt (NC) NOT VOTING—15 Barrett (NE) Evans Latham Rogers Stabenow Watts (OK) Barrett (WI) Barton Gilman Menendez Everett LaTourette Rohrabacher Stark Waxman Bartlett Cubin Jenkins Ros-Lehtinen Farr Leach Rothman Stearns Weiner Bass Edwards Lazio Smith (WA) Fattah Lee Roukema Stenholm Weldon (FL) Becerra Ewing McCollum Thomas Filner Levin Roybal-Allard Strickland Weldon (PA) Bentsen Franks (NJ) McIntosh Vento Fletcher Lewis (CA) Royce Stupak Weller Bereuter Foley Lewis (GA) Rush Sununu Wexler Berkley Forbes Lewis (KY) Ryan (WI) Sweeney Weygand b 1741 Berry Ford Linder Ryun (KS) Talent Whitfield Biggert Fossella Lipinski Sabo Tancredo Wicker Messrs. CROWLEY, BLAGOJEVICH, Bilbray Fowler LoBiondo Salmon Tanner Wilson COOK, WAMP, VISCLOSKY, LANTOS, Bilirakis Frank (MA) Lofgren Sanchez Tauscher Wise KING, CONYERS, SCHAFFER, PAYNE Bishop Frelinghuysen Lowey Sanders Tauzin Wolf Blagojevich Frost Lucas (KY) and JONES of North Carolina and Ms. Sandlin Taylor (MS) Woolsey Bliley Gallegly Lucas (OK) Sawyer Taylor (NC) Wu BERKLEY changed their vote from Blumenauer Ganske Luther Saxton Terry Wynn ‘‘yea’’ to ‘‘nay’’. Blunt Gejdenson Maloney (CT) Scarborough Thomas Young (AK) Messrs. STARK, JACKSON of Illi- Boehlert Gekas Maloney (NY) Schakowsky Thompson (CA) Young (FL) Boehner Gephardt Manzullo Scott Thompson (MS) nois, STUMP, MORAN of Virginia, Bonilla Gibbons Markey Serrano Thornberry NADLER, CAMPBELL, MINGE, Bonior Gilchrest Mascara LEWIS of Georgia, CRAMER, HIN- Bono Gillmor Matsui NAYS—11 Borski Gonzalez McCarthy (MO) CHEY, DICKS, DEFAZIO, MCNULTY, Chenoweth-Hage Largent Schaffer Boswell Goode McCarthy (NY) Coble Norwood Sensenbrenner ROTHMAN, SHERMAN, LARSON, Boucher Goodlatte McCrery Coburn Paul Stump SMITH of Michigan, COX, MARKEY Boyd Goodling McDermott Jones (NC) Sanford and MEEHAN and Mrs. LOWEY, Mrs. Brady (PA) Gordon McGovern Brady (TX) Goss McHugh ANSWERED ‘‘PRESENT’’—2 CLAYTON, Ms. HOOLEY of Oregon and Brown (FL) Graham McInnis Bateman Spence Ms. DELAURO changed their vote from Brown (OH) Granger McIntyre ‘‘nay’’ to ‘‘yea’’. Bryant Green (TX) McKeon NOT VOTING—17 Burr Green (WI) McKinney So (two-thirds not having voted in Burton Greenwood McNulty Barton Gilman McIntosh favor thereof) the motion was rejected. Buyer Gutierrez Meehan Berman Hutchinson Menendez The result of the vote was announced Callahan Gutknecht Meek (FL) Cubin Jenkins Ros-Lehtinen Calvert Hall (OH) Meeks (NY) Edwards Lazio Smith (WA) as above recorded. Camp Hall (TX) Metcalf Ewing Martinez Vento Campbell Hansen Mica Franks (NJ) McCollum f Canady Hastings (FL) Millender- Cannon Hastings (WA) McDonald b 1749 Capps Hayes Miller (FL) So (two-thirds having voted in favor ANNOUNCEMENT BY THE SPEAKER Capuano Hayworth Miller, Gary PRO TEMPORE Cardin Hefley Miller, George thereof) the rules were suspended and Carson Herger Minge the bill, as amended, was passed. The SPEAKER pro tempore (Mr. Castle Hill (IN) Mink The result of the vote was announced PEASE). Pursuant to clause 8 of rule Chabot Hill (MT) Moakley as above recorded. XX, the Chair will reduce to 5 minutes Chambliss Hilleary Mollohan Clay Hilliard Moore A motion to reconsider was laid on the minimum time for electronic vot- Clayton Hinchey Moran (KS) the table. ing on each additional motion to sus- Clement Hinojosa Moran (VA) pend the rules on which the Chair has Clyburn Hobson Morella f postponed further proceedings. Collins Hoeffel Murtha Combest Hoekstra Myrick ACQUISITION OF THE HUNT HOUSE Condit Holden Nadler IN WATERLOO, NEW YORK f Conyers Holt Napolitano Cook Hooley Neal The SPEAKER pro tempore (Mr. Cooksey Horn Nethercutt NATIONAL UNDERGROUND PEASE). The pending business is the Costello Hostettler Ney question of suspending the rules and RAILROAD FREEDOM CENTER ACT Cox Houghton Northup Coyne Hoyer Nussle passing the Senate bill, S. 1910. The SPEAKER pro tempore. The Cramer Hulshof Oberstar The Clerk read the title of the Senate pending business is the question of sus- Crane Hunter Obey bill. pending the rules and passing the bill, Crowley Hyde Olver Cummings Inslee Ortiz The SPEAKER pro tempore. The H.R. 2919, as amended. Cunningham Isakson Ose question is on the motion offered by The Clerk read the title of the bill. Danner Istook Owens the gentleman from Utah (Mr. HANSEN) The SPEAKER pro tempore. The Davis (FL) Jackson (IL) Oxley that the House suspend the rules and question is on the motion offered by Davis (IL) Jackson-Lee Packard Davis (VA) (TX) Pallone pass the Senate bill, S. 1910. the gentleman from Utah (Mr. HANSEN) Deal Jefferson Pascrell The vote was taken by electronic de- that the House suspend the rules and DeFazio John Pastor vice, and there were—yeas 404, nays 9, pass the bill, H.R. 2919, as amended, on DeGette Johnson (CT) Payne Delahunt Johnson, E. B. Pease answered ‘‘present’’ 1, not voting 20, as which the yeas and nays are ordered. DeLauro Johnson, Sam Pelosi follows: This will be a 5-minute vote. DeLay Jones (OH) Peterson (MN) [Roll No. 435] The vote was taken by electronic de- DeMint Kanjorski Peterson (PA) YEAS—404 vice, and there were—yeas 404, nays 11, Deutsch Kaptur Petri Diaz-Balart Kasich Phelps Abercrombie Aderholt Andrews answered ‘‘present’’ 2, not voting 17, as Dickey Kelly Pickering Ackerman Allen Archer follows: Dicks Kennedy Pickett

VerDate 25-JUL-2000 06:13 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.089 pfrm02 PsN: H25PT1 H6886 CONGRESSIONAL RECORD — HOUSE July 25, 2000 Armey Engel Lantos Rodriguez Skelton Towns other provision of law, the reference shall be Baca English Larson Roemer Slaughter Traficant considered to be made to a section or other Baird Eshoo Latham Rogan Smith (MI) Turner provision of the Robert T. Stafford Disaster Rogers Smith (NJ) Udall (CO) Baker Etheridge LaTourette Relief and Emergency Assistance Act (42 Baldacci Evans Leach Rohrabacher Smith (TX) Udall (NM) Baldwin Everett Lee Rothman Snyder Upton U.S.C. 5121 et seq.). Ballenger Farr Levin Roukema Souder Velazquez SEC. 2. FINDINGS AND PURPOSES. Barcia Fattah Lewis (CA) Roybal-Allard Spence Visclosky (a) FINDINGS.—Congress finds that— Barr Filner Lewis (GA) Royce Spratt Vitter (1) the President should strengthen Federal Barrett (WI) Fletcher Lewis (KY) Rush Stabenow Walden interagency emergency planning by the Fed- Ryan (WI) Stark Walsh Bartlett Foley Linder eral Emergency Management Agency and Bass Forbes Lipinski Ryun (KS) Stearns Wamp other appropriate Federal, State, and local Becerra Ford LoBiondo Sabo Stenholm Waters Bentsen Fossella Lofgren Salmon Strickland Watkins agencies for development of a capability for Bereuter Fowler Lowey Sanchez Stump Watt (NC) early detection and warning of and response Berkley Frank (MA) Lucas (KY) Sanders Stupak Watts (OK) to potential domestic terrorist attacks in- Berman Frelinghuysen Lucas (OK) Sandlin Sununu Waxman volving weapons of mass destruction; and Berry Frost Luther Sawyer Sweeney Weiner (2) Federal efforts to assist State and local Biggert Gallegly Maloney (CT) Saxton Talent Weldon (FL) Scarborough Tancredo Weldon (PA) emergency preparedness and response per- Bilbray Ganske Maloney (NY) sonnel in preparation for domestic terrorist Bilirakis Gejdenson Manzullo Schakowsky Tanner Weller Bishop Gekas Markey Scott Tauscher Wexler attacks should be coordinated so as to elimi- Blagojevich Gephardt Martinez Serrano Tauzin Weygand nate duplicative Federal programs. Bliley Gibbons Mascara Sessions Taylor (MS) Whitfield (b) PURPOSES.—The purposes of this Act Blumenauer Gilchrest Matsui Shadegg Taylor (NC) Wicker include— Blunt Gillmor McCarthy (MO) Shaw Terry Wilson (1) coordinating and making more effective Boehlert Gonzalez McCarthy (NY) Shays Thomas Wise Federal efforts to assist State and local Sherman Thompson (CA) Wolf Boehner Goode McCrery emergency preparedness and response per- Bonilla Goodlatte McDermott Sherwood Thompson (MS) Woolsey Shimkus Thornberry Wu sonnel in preparation for domestic terrorist Bonior Goodling McGovern attacks; Bono Gordon McHugh Shows Thune Wynn Shuster Thurman Young (AK) Borski Goss McInnis (2) designating a lead entity to coordinate Simpson Tiahrt Young (FL) Boswell Graham McIntyre such Federal efforts; and Sisisky Tierney Boucher Granger McKeon (3) updating Federal authorities to reflect Skeen Toomey Boyd Green (TX) McKinney the increased risk of terrorist attacks. Brady (PA) Green (WI) McNulty NAYS—9 SEC. 3. DEFINITION OF MAJOR DISASTER. Brady (TX) Greenwood Meehan Section 102(2) (42 U.S.C. 5122(2)) is amended Brown (FL) Gutierrez Meek (FL) Chenoweth-Hage Largent Sanford to read as follows: Brown (OH) Gutknecht Meeks (NY) Coburn Norwood Schaffer Bryant Hall (OH) Metcalf Jones (NC) Paul Sensenbrenner ‘‘(2) MAJOR DISASTER.—‘Major disaster’ Burr Hall (TX) Mica ANSWERED ‘‘PRESENT’’—1 means any natural catastrophe (including Buyer Hansen Millender- any hurricane, tornado, storm, high water, Callahan Hastings (FL) McDonald Bateman winddriven water, tidal wave, tsunami, Calvert Hastings (WA) Miller (FL) NOT VOTING—20 earthquake, volcanic eruption, landslide, Camp Hayes Miller, Gary Bachus Edwards McIntosh mudslide, snowstorm, snow drought, or Campbell Hayworth Miller, George drought), or, regardless of cause, any fire, Canady Hefley Minge Barrett (NE) Ewing Menendez Capps Herger Mink Barton Franks (NJ) Pryce (OH) flood, explosion, act of terrorism, or other Capuano Hill (IN) Moakley Burton Gilman Ros-Lehtinen catastrophic event in any part of the United Cardin Hill (MT) Mollohan Cannon Jenkins Smith (WA) States, which in the determination of the Carson Hilleary Moore Cubin Lazio Vento President causes damage of sufficient sever- Castle Hilliard Moran (KS) Dickey McCollum ity and magnitude to warrant major disaster Chabot Hinchey Moran (VA) b 1758 assistance under this Act to supplement the Chambliss Hinojosa Morella efforts and available resources of States, Clay Hobson Murtha So (two-thirds having voted in favor local governments, and disaster relief orga- Clayton Hoeffel Myrick thereof) the rules were suspended and Clement Hoekstra Nadler nizations in alleviating the damage, loss, Clyburn Holden Napolitano the Senate bill was passed. hardship, or suffering caused thereby.’’. Coble Holt Neal The result of the vote was announced SEC. 4. ADMINISTRATION OF EMERGENCY PRE- Collins Hooley Nethercutt as above recorded. PAREDNESS PROGRAMS BY THE Combest Horn Ney PRESIDENT. Condit Hostettler Northup A motion to reconsider was laid on the table. Title VI (42 U.S.C. 5195 et seq.) is Conyers Houghton Nussle amended— Cook Hoyer Oberstar Stated for: (1) by striking ‘‘Director’’ each place it ap- Cooksey Hulshof Obey Mr. BURTON of Indiana. Mr. Speaker, I was Costello Hunter Olver pears (other than in sections 602(a)(7) and Cox Hutchinson Ortiz unavoidably detained for rollcall No. 435. Had 603) and inserting ‘‘President’’; Coyne Hyde Ose I been present, I would have voted ``yea''. (2) in section 603 by striking ‘‘Director of Cramer Inslee Owens f the Federal Emergency Management Agen- Crane Isakson Oxley cy’’ and inserting ‘‘President’’; Crowley Istook Packard PREPAREDNESS AGAINST (3) in section 611(c)— Cummings Jackson (IL) Pallone TERRORISM ACT OF 2000 (A) by striking ‘‘With the approval of the Cunningham Jackson-Lee Pascrell Danner (TX) Pastor Mrs. FOWLER. Mr. Speaker, I move President, the’’ and inserting ‘‘The’’; and (B) by striking ‘‘responsibilities and re- Davis (FL) Jefferson Payne to suspend the rules and pass the bill Davis (IL) John Pease view’’ and inserting ‘‘responsibilities. The Davis (VA) Johnson (CT) Pelosi (H.R. 4210) to amend the Robert T. President shall review’’; Deal Johnson, E. B. Peterson (MN) Stafford Disaster Relief and Emer- (4) in section 621(g) by striking the second DeFazio Johnson, Sam Peterson (PA) gency Assistance Act to provide for im- sentence; DeGette Jones (OH) Petri (5) in section 623— Delahunt Kanjorski Phelps proved Federal efforts to prepare for DeLauro Kaptur Pickering and respond to terrorist attacks, and (A) by striking paragraph (1) and redesig- DeLay Kasich Pickett for other purposes, as amended. nating paragraphs (2) and (3) as paragraphs DeMint Kelly Pitts The Clerk read as follows: (1) and (2), respectively; and Deutsch Kennedy Pombo (B) in paragraph (2) (as so redesignated) by Diaz-Balart Kildee Pomeroy H.R. 4210 striking ‘‘unless’’ and all that follows Dicks Kilpatrick Porter Be it enacted by the Senate and House of Rep- through ‘‘approval of the President,’’ and in- Dingell Kind (WI) Portman resentatives of the United States of America in serting ‘‘unless the President’’; and Dixon King (NY) Price (NC) Doggett Kingston Quinn Congress assembled, (6) in section 624 by striking ‘‘to the Presi- Dooley Kleczka Radanovich SECTION 1. SHORT TITLE; REFERENCES. dent and Congress’’ and inserting ‘‘to Con- Doolittle Klink Rahall (a) SHORT TITLE.—This Act may be cited as gress’’. Doyle Knollenberg Ramstad the ‘‘Preparedness Against Terrorism Act of SEC. 5. DEFINITIONS. Dreier Kolbe Rangel 2000’’. (a) HAZARD.—Section 602(a)(1)(B) (42 U.S.C. Duncan Kucinich Regula Dunn Kuykendall Reyes (b) REFERENCES.—Except as otherwise spe- 5195a(a)(1)(B)) is amended by striking the pe- Ehlers LaFalce Reynolds cifically provided, whenever in this Act an riod at the end and inserting ‘‘, including a Ehrlich LaHood Riley amendment or repeal is expressed in terms of domestic terrorist attack involving a weapon Emerson Lampson Rivers an amendment to, or repeal of, a section or of mass destruction.’’.

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(b) NATURAL DISASTER.—Section 602(a)(2) SEC. 8. AUTHORIZATION OF APPROPRIATIONS. ducted and provide recommendations to the (42 U.S.C. 5195a(a)(2)) is amended to read as Section 626 (42 U.S.C. 5197e) is amended— entities based on the reviews. follows: (1) by redesignating subsection (b) as sub- ‘‘(6) Provide for the creation of a State and ‘‘(2) NATURAL DISASTER.—The term ‘natural section (c); and local advisory group for the Council, to be disaster’ means any hurricane, tornado, (2) by inserting after subsection (a) the fol- composed of individuals involved in State storm, flood, high water, wind-driven water, lowing: and local emergency preparedness and re- tidal wave, tsunami, earthquake, volcanic ‘‘(b) PRIORITIES.—Amounts appropriated sponse to terrorist attacks. eruption, landslide, mudslide, snowstorm, pursuant to this section for training and ex- ‘‘(7) Provide for the establishment by the snow drought, drought, fire, or other catas- ercise programs for preparedness against ter- Council’s State and local advisory group of trophe in any part of the United States rorist attacks shall be used in a manner con- voluntary guidelines for the terrorist attack which causes, or which may cause, substan- sistent with the priorities established under preparedness programs of State and local tial damage or injury to civilian property or section 611(f)(2).’’. governmental entities in accordance with persons.’’. SEC. 9. PRESIDENT’S COUNCIL ON DOMESTIC section 655. (c) EMERGENCY PREPAREDNESS.—Section TERRORISM PREPAREDNESS. ‘‘(8) Designate a Federal entity to consult 602(a)(3)(A) (42 U.S.C. 5195a(a)(3)(A)) is Title VI of the Robert T. Stafford Disaster with, and serve as a contact for, State and amended by inserting ‘‘the predeployment of Relief and Emergency Assistance Act (42 local governmental entities implementing these and other essential resources (includ- U.S.C. 5195 et seq.) is amended by adding at terrorist attack preparedness programs. ing personnel),’’ before ‘‘the provision of the end the following: ‘‘(9) Coordinate and oversee the implemen- suitable warning systems,’’. ‘‘Subtitle C—President’s Council on Domestic tation by Federal departments and agencies (d) DIRECTOR.—Section 602(a) (42 U.S.C. Terrorism Preparedness of the policies, objectives, and priorities es- 5195a(a)) is amended by striking paragraph ‘‘SEC. 651. ESTABLISHMENT OF COUNCIL. tablished under paragraph (1) and the fulfill- (7) and redesignating paragraphs (8), (9), and ‘‘(a) IN GENERAL.—There is established a ment of the responsibilities of such depart- (10) as paragraphs (7), (8), and (9), respec- council to be known as the President’s Coun- ments and agencies under the Domestic Ter- tively. cil on Domestic Terrorism Preparedness (in rorism Preparedness Plan. (e) WEAPON OF MASS DESTRUCTION.—Sec- this subtitle referred to as the ‘Council’). ‘‘(10) Make recommendations to the heads tion 602 (42 U.S.C. 5195a) is amended by add- ‘‘(b) MEMBERSHIP.—The Council shall be of appropriate Federal departments and ing at the end the following: composed of the following members: agencies regarding— ‘‘(10) WEAPON OF MASS DESTRUCTION.—The ‘‘(1) The President. ‘‘(A) changes in the organization, manage- term ‘weapon of mass destruction’ means ‘‘(2) The Director of the Federal Emer- ment, and resource allocations of the depart- any weapon or device that is intended, or has gency Management Agency. ments and agencies; and the capability, to cause death or serious bod- ‘‘(3) The Attorney General. ‘‘(B) the allocation of personnel to and ily injury to a significant number of people ‘‘(4) The Secretary of Defense. within the departments and agencies, through the release, dissemination, or im- ‘‘(5) The Director of the Office of Manage- to implement the Domestic Terrorism Pre- pact of— ment and Budget. paredness Plan. ‘‘(A) toxic or poisonous chemicals or their ‘‘(6) The Assistant to the President for Na- ‘‘(11) Assess all Federal terrorism prepared- precursors; tional Security Affairs. ness programs and ensure that each program ‘‘(B) a disease organism; or ‘‘(7) Any additional members appointed by complies with the Domestic Terrorism Pre- ‘‘(C) radiation or radioactivity.’’. the President. paredness Plan. SEC. 6. DETAILED FUNCTIONS OF ADMINISTRA- ‘‘(c) CHAIRMAN.— ‘‘(12) Identify duplication, fragmentation, TION. ‘‘(1) IN GENERAL.—The President shall serve and overlap within Federal terrorism pre- (a) FEDERAL EMERGENCY RESPONSE PLANS as the chairman of the Council. paredness programs and eliminate such du- AND PROGRAMS.—Section 611(b) (42 U.S.C. ‘‘(2) EXECUTIVE CHAIRMAN.—The President plication, fragmentation and overlap. 5196(b)) is amended— may appoint an Executive Chairman of the ‘‘(13) Evaluate Federal emergency response (1) by striking ‘‘may prepare’’ and insert- Council (in this subtitle referred to as the assets and make recommendations regarding ing ‘‘shall prepare’’; and ‘Executive Chairman’). The Executive Chair- the organization, need, and geographic loca- (2) by adding at the end the following: ‘‘In man shall represent the President as chair- tion of such assets. accordance with section 313, the President man of the Council, including in communica- ‘‘(14) Establish general policies regarding shall ensure that Federal response plans and tions with Congress and State Governors. financial assistance to States based on po- programs are adequate to respond to the con- ‘‘(3) SENATE CONFIRMATION.—An individual tential risk and threat, response capabilities, sequences of terrorism directed against a selected to be the Executive Chairman under and ability to achieve the end state of pre- target in the United States, including ter- paragraph (2) shall be appointed by and with paredness for emergency responders estab- rorism involving weapons of mass destruc- the advice and consent of the Senate, except lished under section 653(b)(1)(D). tion.’’. that Senate confirmation shall not be re- ‘‘(15) Notify a Federal department or agen- (b) EMERGENCY PREPAREDNESS MEAS- quired if, on the date of appointment, the in- cy in writing if the Council finds that its URES.—Section 611(e) (42 U.S.C. 5196(e)) is dividual holds a position for which Senate policies are not in compliance with its re- amended— confirmation was required. sponsibilities under the Domestic Terrorism (1) in paragraph (1) by inserting ‘‘pre- ‘‘(d) FIRST MEETING.—The first meeting of Preparedness Plan. venting and’’ before ‘‘treating’’; the Council shall be held not later than 90 ‘‘SEC. 653. DOMESTIC TERRORISM PREPARED- (2) in paragraph (2) by striking ‘‘developing days after the date of enactment of this Act. NESS PLAN AND ANNUAL STRATEGY shelter designs’’ and inserting ‘‘development ‘‘SEC. 652. DUTIES OF COUNCIL. ‘‘(a) DEVELOPMENT OF PLAN.—Not later of shelter designs, equipment, clothing,’’; ‘‘The Council shall carry out the following than 180 days after the date of the first meet- and duties: ing of the Council, the Council shall develop (3) in paragraph (3) by striking ‘‘devel- ‘‘(1) Establish the policies, objectives, and a Domestic Terrorism Preparedness Plan and oping’’ and all that follows through ‘‘there- priorities of the Federal Government for en- transmit a copy of the plan to Congress. of’’ and inserting ‘‘development and stand- hancing the capabilities of State and local ‘‘(b) CONTENTS.— ardization of equipment and facilities’’. emergency preparedness and response per- ‘‘(1) IN GENERAL.—The Domestic Terrorism (c) TRAINING AND EXERCISE PROGRAMS.— sonnel in early detection and warning of and Preparedness Plan shall include the fol- Section 611(f) (42 U.S.C. 5196(f)) is amended— response to all domestic terrorist attacks, lowing: (1) in the subsection heading by inserting including attacks involving weapons of mass ‘‘(A) A statement of the policies, objec- ‘‘AND EXERCISE’’ after ‘‘TRAINING’’; destruction. tives, and priorities established by the Coun- (2) in paragraph (1)(A) by inserting ‘‘and ‘‘(2) Publish a Domestic Terrorism Pre- cil under section 652(1). exercise’’ after ‘‘training’’; paredness Plan and an annual strategy for ‘‘(B) A plan for implementing such poli- (3) by redesignating paragraphs (2) and (3) carrying out the plan in accordance with sec- cies, objectives, and priorities that is based as paragraphs (3) and (4), respectively; and tion 653, including the end state of prepared- on a threat, risk, and capability assessment (4) by inserting after paragraph (1) the fol- ness for emergency responders established and includes measurable objectives to be lowing: under section 653(b)(1)(D). achieved in each of the following 5 years for ‘‘(2) The President shall establish priorities ‘‘(3) To the extent practicable, rely on ex- enhancing domestic preparedness against a among training and exercise programs for isting resources (including planning docu- terrorist attack. preparedness against terrorist attacks based ments, equipment lists, and program inven- ‘‘(C) A description of the specific role of on an assessment of the existing threats, ca- tories) in the execution of its duties. each Federal department and agency, and pabilities, and objectives.’’. ‘‘(4) Consult with and utilize existing inter- the roles of State and local governmental en- SEC. 7. REPEALS. agency boards and committees, existing gov- tities, under the plan developed under sub- (a) USE OF FUNDS TO PREPARE FOR AND RE- ernmental entities, and non-governmental paragraph (B). SPOND TO HAZARDS.—Section 615 (42 U.S.C. organizations in the execution of its duties. ‘‘(D) A definition of an end state of pre- 5196d) is repealed. ‘‘(5) Ensure that a biennial review of the paredness for emergency responders that sets (b) SECURITY REGULATIONS.—Section 622 (42 terrorist attack preparedness programs of forth measurable, minimum standards of ac- U.S.C. 5197a) is repealed. State and local governmental entities is con- ceptability for preparedness.

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‘‘(2) EVALUATION OF FEDERAL RESPONSE tion properly classified under criteria estab- not fulfill such a request before the date of TEAMS.—In preparing the description under lished by an Executive order shall be pre- submission of the relevant annual budget of paragraph (1)(C), the Council shall evaluate sented to Congress separately. the President to Congress under section each Federal response team and the assist- ‘‘(f) RISK OF TERRORIST ATTACKS AGAINST 1105(a) of title 31, United States Code. ance that the team offers to State and local TRANSPORTATION FACILITIES.— ‘‘(4) NEW PROGRAMS OR REALLOCATION OF emergency personnel when responding to a ‘‘(1) IN GENERAL.—In developing the plan RESOURCES.—The head of a Federal depart- terrorist attack. The evaluation shall in- and risk assessment under subsection (b), the ment or agency shall consult with the Coun- clude an assessment of how the Federal re- Council shall designate an entity to assess cil before acting to enhance the capabilities sponse team will assist State and local emer- the risk of terrorist attacks against trans- of State and local emergency preparedness gency personnel after the personnel has portation facilities, personnel, and pas- and response personnel with respect to ter- achieved the end state of preparedness for sengers. rorist attacks by— emergency responders established under ‘‘(2) CONTENTS.—In developing the plan and ‘‘(A) establishing a new program or office; paragraph (1)(D). risk assessment under subsection (b), the or ‘‘(c) ANNUAL STRATEGY.— Council shall ensure that the following 3 ‘‘(B) reallocating resources, including Fed- ‘‘(1) IN GENERAL.—The Council shall de- tasks are accomplished: eral response teams. velop and transmit to Congress, on the date ‘‘(A) An examination of the extent to ‘‘SEC. 655. VOLUNTARY GUIDELINES FOR STATE of transmittal of the Domestic Terrorism which transportation facilities, personnel, AND LOCAL PROGRAMS. Preparedness Plan and, in each of the suc- and passengers have been the target of ter- ‘‘The Council shall provide for the estab- ceeding 4 fiscal years, on the date that the rorist attacks and the extent to which such lishment of voluntary guidelines for the ter- President submits an annual budget to Con- facilities, personnel, and passengers are vul- rorist attack preparedness programs of State gress in accordance with section 1105(a) of nerable to such attacks. and local governmental entities for the pur- title 31, United States Code, an annual strat- ‘‘(B) An evaluation of Federal laws that pose of providing guidance in the develop- egy for carrying out the Domestic Terrorism can be used to combat terrorist attacks ment and implementation of such programs. Preparedness Plan in the fiscal year fol- against transportation facilities, personnel, The guidelines shall address equipment, ex- lowing the fiscal year in which the strategy and passengers, and the extent to which such ercises, and training and shall establish a de- is submitted. laws are enforced. The evaluation may also sired threshold level of preparedness for ‘‘(2) CONTENTS.—The annual strategy for a include a review of applicable State laws. State and local emergency responders. fiscal year shall include the following: ‘‘(C) An evaluation of available tech- ‘‘SEC. 656. POWERS OF COUNCIL. ‘‘(A) An inventory of Federal training and nologies and practices to determine the best ‘‘In carrying out this subtitle, the Council exercise programs, response teams, grant means of protecting transportation facili- may— programs, and other programs and activities ties, personnel, and passengers against ter- ‘‘(1) direct, with the concurrence of the related to domestic preparedness against a rorist attacks. Secretary of a department or head of an terrorist attack conducted in the preceding ‘‘(3) CONSULTATION.—In developing the plan agency, the temporary reassignment within fiscal year and a determination as to wheth- and risk assessment under subsection (b), the the Federal Government of personnel em- er any of such programs or activities may be Council shall consult with the Secretary of ployed by such department or agency; duplicative. The inventory shall consist of a Transportation, representatives of persons ‘‘(2) use for administrative purposes, on a complete description of each such program providing transportation, and representa- reimbursable basis, the available services, and activity, including the funding level and tives of employees of such persons. equipment, personnel, and facilities of Fed- purpose of and goal to be achieved by the ‘‘(g) MONITORING.—The Council, with the eral, State, and local agencies; program or activity. assistance of the Inspector General of the ‘‘(3) procure the services of experts and ‘‘(B) If the Council determines under sub- relevant Federal department or agency as consultants in accordance with section 3109 paragraph (A) that certain programs and ac- needed, shall monitor the implementation of of title 5, United States Code, relating to ap- the Domestic Terrorism Preparedness Plan, tivities are duplicative, a detailed plan for pointments in the Federal Service, at rates including conducting program and perform- consolidating, eliminating, or modifying the of compensation for individuals not to ex- ance audits and evaluations. programs and activities. ceed the daily equivalent of the rate of pay ‘‘(C) An inventory of Federal training and ‘‘SEC. 654. NATIONAL DOMESTIC PREPAREDNESS payable for GS–18 of the General Schedule BUDGET. exercise programs, grant programs, response under section 5332 of title 5, United States ‘‘(a) RECOMMENDATIONS REGARDING RE- teams, and other programs and activities to Code; SOURCE ALLOCATIONS.— be conducted in such fiscal year under the ‘‘(4) accept and use donations of property Domestic Terrorism Preparedness Plan and ‘‘(1) TRANSMITTAL TO COUNCIL.—Each Fed- eral Government program manager, agency from Federal, State, and local government measurable objectives to be achieved in such agencies; fiscal year for enhancing domestic prepared- head, and department head with responsibil- ities under the Domestic Terrorism Pre- ‘‘(5) use the mails in the same manner as ness against a terrorist attack. The inven- any other department or agency of the exec- tory shall provide for implementation of any paredness Plan shall transmit to the Council for each fiscal year recommended resource utive branch; and plan developed under subparagraph (B), re- ‘‘(6) request the assistance of the Inspector lating to duplicative programs and activi- allocations for programs and activities relat- ing to such responsibilities on or before the General of a Federal department or agency ties. in conducting audits and evaluations under ‘‘(D) A complete assessment of how re- earlier of— ‘‘(A) the 45th day before the date of the section 653(g). source allocation recommendations devel- ‘‘SEC. 657. ROLE OF COUNCIL IN NATIONAL SECU- oped under section 654(a) are intended to im- budget submission of the department or agency to the Director of the Office of Man- RITY COUNCIL EFFORTS. plement the annual strategy. ‘‘The Council may, in the Council’s role as agement and Budget for the fiscal year; or ‘‘(d) CONSULTATION.— principal adviser to the National Security ‘‘(B) August 15 of the fiscal year preceding ‘‘(1) IN GENERAL.—In developing the Do- Council on Federal efforts to assist State the fiscal year for which the recommenda- mestic Terrorism Preparedness Plan and and local governmental entities in domestic tions are being made. each annual strategy for carrying out the terrorist attack preparedness matters, and ‘‘(2) TRANSMITTAL TO THE OFFICE OF MAN- plan, the Council shall consult with— subject to the direction of the President, at- AGEMENT AND BUDGET.—The Council shall de- ‘‘(A) the head of each Federal department tend and participate in meetings of the Na- velop for each fiscal year recommendations and agency that will have responsibilities tional Security Council. The Council may, under the Domestic Terrorism Preparedness regarding resource allocations for each pro- subject to the direction of the President, Plan or annual strategy; gram and activity identified in the annual participate in the National Security Coun- ‘‘(B) Congress; strategy completed under section 653 for the cil’s working group structure. fiscal year. Such recommendations shall be ‘‘(C) State and local officials; ‘‘SEC. 658. EXECUTIVE DIRECTOR AND STAFF OF ‘‘(D) congressionally authorized panels; submitted to the relevant departments and COUNCIL. and agencies and to the Director of the Office of ‘‘(a) EXECUTIVE DIRECTOR.—The Council ‘‘(E) emergency preparedness organizations Management and Budget. The Director of the shall have an Executive Director who shall with memberships that include State and Office of Management and Budget shall con- be appointed by the President. local emergency responders. sider such recommendations in formulating ‘‘(b) STAFF.—The Executive Director may ‘‘(2) REPORTS.—As part of the Domestic the annual budget of the President sub- appoint such personnel as the Executive Di- Terrorism Preparedness Plan and each an- mitted to Congress under section 1105(a) of rector considers appropriate. Such personnel nual strategy for carrying out the plan, the title 31, United States Code, and shall pro- shall be assigned to the Council on a full- Council shall include a written statement in- vide to the Council a written explanation in time basis and shall report to the Executive dicating the persons consulted under this any case in which the Director does not ac- Director. subsection and the recommendations made cept such a recommendation. ‘‘(c) ADMINISTRATIVE SUPPORT SERVICES.— by such persons. ‘‘(3) RECORDS.—The Council shall maintain The Executive Office of the President shall ‘‘(e) TRANSMISSION OF CLASSIFIED INFORMA- records regarding recommendations made provide to the Council, on a reimbursable TION.—Any part of the Domestic Terrorism and written explanations received under basis, such administrative support services, Preparedness Plan or an annual strategy for paragraph (2) and shall provide such records including office space, as the Council may carrying out the plan that involves informa- to Congress upon request. The Council may request.

VerDate 25-JUL-2000 04:59 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.092 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6889 ‘‘SEC. 659. COORDINATION WITH EXECUTIVE grossly unprepared our Nation was and Mr. OBERSTAR. Mr. Speaker, I yield BRANCH DEPARTMENTS AND AGEN- still is to respond to such a disaster. myself such time as I may consume. CIES. Mr. Speaker, I rise in support of the ‘‘(a) REQUESTS FOR ASSISTANCE.—The head Mr. Speaker, tonight we have a tre- of each Federal department and agency with mendous opportunity to tackle this Preparedness Against Terrorism Act responsibilities under the Domestic Ter- lingering threat to our national secu- 2000 and want to offer my highest con- rorism Preparedness Plan shall cooperate rity that grows deeper each day. Right gratulations to the gentlewoman from with the Council and, subject to laws gov- now our terrorism preparedness efforts Florida (Mrs. FOWLER) on the splendid erning disclosure of information, provide are floundering without a national work that she has done, the persistence such assistance, information, and advice as strategy and real authority to support that she has demonstrated, and the de- the Council may request. it. Over 40 departments and agencies termination to achieve something of ‘‘(b) CERTIFICATION OF POLICY CHANGES BY everlasting value and significance to COUNCIL.— are involved in the Federal effort with ‘‘(1) IN GENERAL.—The head of each Federal a $9 billion price tag. the country. department and agency with responsibilities Unfortunately, this effort has been I appreciate the support that the gen- under the Domestic Terrorism Preparedness tainted by bureaucrats bickering and tleman from Pennsylvania (Chairman Plan shall, unless exigent circumstances re- battling over money and control, all SHUSTER) has given to the gentle- quire otherwise, notify the Council in writ- under the guise of protecting and pre- woman from Florida (Mrs. FOWLER) and ing regarding any proposed change in poli- paring Americans for a terrorist at- our side, and I appreciate very greatly cies relating to the activities of such depart- tack. the steadfastness of the ranking mem- ment or agency under the Domestic Ter- ber of the subcommittee, the gen- rorism Preparedness Plan prior to implemen- For more than 2 years, this adminis- tleman from Ohio (Mr. TRAFICANT) who tation of such change. The Council shall tration has fostered an unworkable promptly review such proposed change and system and has, until last week, op- has devoted considerable time and ef- certify to the department or agency head in posed any measure to fix the problem. fort and talent to the achievement of writing whether such change is consistent Federal agencies have been playing this legislation. with the Domestic Terrorism Preparedness politics with the lives of our friends But I also express my appreciation to Plan. and neighbors. the Office of Management and Budget, ‘‘(2) NOTICE IN EXIGENT CIRCUMSTANCES.—If But this is not a partisan political which from the very outset has not prior notice of a proposed change under para- issue by evidence of the support of my only had reservations about the bill graph (1) is not possible, the department or but at various points said they were agency head shall notify the Council as soon good friends and colleagues from across the aisle. steadfastly opposed to the legislation. as practicable. The Council shall review such I had felt all along from the time We have heard from the men and change and certify to the department or that this issue was raised at the very agency head in writing whether such change women in communities across the Na- outset that there was a problem that is consistent with the Domestic Terrorism tion who are our emergency respond- needed to be addressed, that we needed Preparedness Plan. ers, whether they be police, firefighters to have the right vehicle, and if we ‘‘SEC. 660. AUTHORIZATION OF APPROPRIATIONS. or emergency personnel, no one knows could work together on both sides of ‘‘There is authorized to be appropriated to who to turn to for help. the aisle, we could accomplish some- carry out this subtitle $9,000,000 for fiscal These local responders know our pre- year 2001 and such sums as may be necessary thing good and lasting. And I think we paredness programs have been inde- for each of fiscal years 2002 through 2005. are at that point. Such sums shall remain available until ex- pendent and uncoordinated, resulting In response to terrorist attacks in pended.’’. in overlapping and repetitive mistakes. the United States already cited by the The SPEAKER pro tempore. Pursu- It is an embarrassing alphabet soup. chairwoman, the World Trade Center ant to the rule, the gentlewoman from But the Council on Terrorist Pre- bombings in 1993, the Murrah Federal Florida (Mrs. FOWLER) and a Member of paredness, which is proposed in this Building in Oklahoma City in 1995, the the minority each will control 20 min- bill, would eliminate these problems. It Federal Government has increased ef- utes. brings with it the authority of the forts across the board to establish pre- The Chair recognizes the gentle- President of the United States and re- paredness against terrorist attacks. woman from Florida (Mrs. FOWLER). quires the creation of a national strat- We in the Congress have enacted leg- egy. b 1800 islation to increase funding for pre- H.R. 4210 eliminates the duplication paredness to deal with terrorism. The Mrs. FOWLER. Mr. Speaker, I yield of our Federal efforts and it strength- President has issued Presidential Deci- myself such time as I may consume. ens our response capabilities. We are sion Directives, PDDs, to coordinate Mr. Speaker, I first want to thank not attempting to reinvent the wheel those efforts. the gentleman from Ohio (Mr. TRAFI- by eliminating existing programs. This The funding for Federal CANT) the subcommittee ranking mem- council will merely make our efforts counterterrorism programs has almost ber for his work on the bill. I also want more effective and better coordinated. doubled from $6.5 billion in fiscal year to thank the gentleman from Pennsyl- Without these changes, our Federal 1998 to over $11 billion for the coming vania (Chairman SHUSTER) and the gen- effort remains a dysfunctional family fiscal year. tleman from Minnesota (Mr. OBER- full of bickering siblings looking to get That is all well and good. The prob- STAR), the ranking minority member of the upper hand while endangering the lem is that these Federal programs the full committee, for their support lives of our loved ones. were established without having an and help, as well. Let me be clear, the threat to our overarching national strategy. That The gentleman from Minnesota (Mr. families is real. Just last week, the FBI led to programs being created inde- OBERSTAR) and I have worked long and arrested a group who apparently used pendently of each other without co- hard these past several weeks on this, the cover of night in a quiet North ordination amongst the programs and and I really deeply appreciate all of his Carolina neighborhood to funnel funds with fragmentation and overlapping ef- advice and support on this. to the terrorist group Hezbollah. forts and duplicative programs. Mr. Speaker, it was a brisk April This bill will not prevent us from a There are more than 90 terrorism morning 5 years ago that America was terrorist attack. However, it will help preparedness training courses offered awakened with horror to the fright- us prepare for the inevitable and en- by such agencies as the Federal Emer- ening reality that we live in a world sure that our emergency personnel gency Management Administration, where our main streets are no longer have the right training and equipment Department of Defense, Department of immune from the terror that lurks to save lives. Justice, the Environmental Protection around the world. The American people are depending Agency, and many others. The two posters that are here in on us. We must not fail them in this Many of these courses have similar front are illustrations from that time solemn responsibility. content, but they often have different in Oklahoma. The pictures of that I encourage my colleagues to support program criteria. As Members of Con- awful day are a sobering reminder of H.R. 4210. gress, we, our colleagues in this body, the new threats of evil that Americans Mr. Speaker, I reserve the balance of are approached by local government of- face, but they also remind us of how my time. ficials saying, ‘‘we just do not know

VerDate 25-JUL-2000 04:59 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.092 pfrm02 PsN: H25PT1 H6890 CONGRESSIONAL RECORD — HOUSE July 25, 2000 where to turn. We get the run-around. ple who are in a policy position to ings that the gentlewoman from Flor- Do not see us, see some other agency.’’ make decisions that will have effect. ida held and the ranking member held, And then there are some parts of the And that was the concern of our com- we also came, I came, to a reasonable country and some communities and mission on Pan Am 103. We rec- conclusion: those with the evil in their local units of government that get no ommended a central coordinating force heart prepared to execute a terrorist training whatever for a variety of rea- that would operate as a clearinghouse act probably are better prepared to sons, not turning to the right place, and a coordinating force within and execute than we are to respond. not putting the right application in, amongst the key domestic government This bill changes that matrix. It co- not phrasing it in the right way. agencies and those that do our work ordinates the multiplicity and multiple So the subcommittee, to the great overseas, such as the CIA and the De- levels of authority. It pulls us together credit of the gentlewoman from Flor- fense Intelligence Agency and the with a common goal to be ready to re- ida (Mrs. FOWLER) and our ranking State Department Intelligence Office. spond and in fact ready to retard a ter- member, the gentleman from Ohio (Mr. Well, that is what we are going to do roristic act on the soil of our country TRAFICANT), held three hearings on with this council, to coordinate and and an international terroristic act be- emergency preparedness against ter- implement new efforts, eliminate du- yond. We have no higher priority in the rorism attacks and confirmed in the plication, eliminate overlapping, and 21st century than the protection of our process of those hearings the lack of a assure that State and local emergency citizens, than to give them the coordi- structured, coordinated Federal effort. responders get all the assistance they nation to protect them against the State and local emergency responders need clearly, directly in a coordinated most dangerous and threatening threat testified that the current framework is and focused manner. of the 21st century. I commend the gen- a complex structure of uncoordinated And the council can then turn and tlewoman. Mr. OBERSTAR. Mr. Speaker, I yield and duplicative programs. advise Congress on recommendations 6 minutes to the gentleman from Ohio Now, to address this matter, the ad- for allocating the resources, (Mr. TRAFICANT), the ranking member ministration, to their credit, created a rationalizing government-wide budgets National Domestic Preparedness Office of the subcommittee. on terrorism preparedness, and help Mr. TRAFICANT. Mr. Speaker, I within the FBI for the purpose of offer- the Congress monitor the efforts to as- want to compliment the gentlewoman ing one-stop shopping information on sure that we are developing and put- from Florida (Mrs. FOWLER), the gen- preparedness programs. But the hear- ting in place a defined, effective, na- tleman from Pennsylvania (Mr. ings have shown that this office has tional strategy, one that is centrally SHUSTER), and the gentleman from fallen far short of expectations. directed and that will be effective na- Minnesota (Mr. OBERSTAR). I want to The General Accounting Office ana- tionwide. compliment the staff, and I want to lyzed the issue. The panel created by That is the objective of this legisla- pay tribute to the entire Committee on Congress, a very long name, Advisory tion. I think it moves in the right di- Transportation and Infrastructure. Panel to Assess Domestic Response Ca- rection. There will be a few other There is a lot of talk about dealing pabilities for Terrorism Involving issues to overcome, relatively minor with terrorism, but while everybody is Weapons of Mass Destruction, we can- ones in my opinion, but I think that we talking the talk, our committee has not even put that in an acronym, we do can overcome those issues working to- walked the walk. not do very well ourselves, but both en- gether as we have done up to this I am a little bit disappointed in this tities analyzed and reported to the point. legislation; but I am going to support committee the importance of estab- Mr. Speaker, I reserve the balance of it because the original concept that I lishing a national terrorism prepared- my time. believe is the proper concept would ness strategy to clearly define the end Mrs. FOWLER. Mr. Speaker, I yield 2 have created the Office of Terrorism goal of preparedness for State and local minutes to the gentleman from Geor- Preparedness in the Executive Office of responders. gia (Mr. ISAKSON) who is a member of the President with a director appointed That is what this legislation is all the subcommittee and who has worked similar to the powers of the drug czar. about, to ensure the development and very diligently with us on this legisla- This has been watered down. But I con- the implementation of a coordinated, tion. gratulate the gentlewoman from Flor- effective program to support State and Mr. ISAKSON. Mr. Speaker, I want ida (Mrs. FOWLER) because a half a loaf local efforts. to thank the gentlewoman from Flor- is better than no loaf at all. The central entity here after a lot of ida (Mrs. Fowler) for her tremendous Let us talk about the Committee on compromise, a lot of discussion be- work on this legislation and the gen- Transportation and Infrastructure. We tween the chairwoman, the ranking tleman from Ohio (Mr. TRAFICANT) the have passed through this Congress H.R. member of the subcommittee, myself, ranking member of the subcommittee. 809, the very first step to tackling do- our staff, and the Office of Manage- Mr. Speaker, on a warm summer mestic terrorism. H.R. 809 reforms the ment and Budget, resulted in the estab- evening in 1996, in my home of Atlanta, Federal Protective Service. Be advised lishment in this bill of the President’s Georgia, my daughter Julie and her at the time of the bombing of the Council on Domestic Terrorism Pre- friend from Washington, D.C., attended Murrah Building out in Oklahoma paredness. the Olympic Festival with tens of thou- City, there was one guard guarding The first objective of this council is sands of Americans and foreign visitors three buildings; and that guard, not to to establish coordination at a very from all over the world. demean the contract guards, but was high policy level. I believe that is the On the same night, a terrorist bomb not even a full-time FPS guard. We core. I think that is the most critical blew up, a U.S. citizen from Albany, passed that. We are having problems issue, and I say that based on my expe- Georgia, a foreign correspondent from with the other body to some degree and rience as a member of the Presidential Turkey were killed, and hundreds of the administration on it, and that bill Commission on Aviation Security and Atlantans and others were injured. should be passed expeditiously because Terrorism. The story the next day was more it sets the foundation and the frame- What we found, in the aftermath of about the chaos of coordination, or work for a domestic preparedness Pan Am 103, after a year inquiry into lack thereof; and the Federal Govern- strategy. the causes of that tragedy and the ment and all our resources, as well as But that is what this bill is all about. splintered governmental response, was State and local, were there. The bottom line, the entity that was that, at the very highest policy levels created to coordinate these programs, b of government, the assistant secretary 1815 the FBI’s national domestic prepared- of one entity would not talk to the di- Because of Oklahoma City, because ness office, has not done the job. They rector of an agency. The director of an of the trade center in New York, be- have not done the job. They do not co- agency could not communicate with an cause of the subway in Tokyo, and be- ordinate. In addition, to make that ambassador overseas. cause of my hometown of Atlanta, we point, the General Accounting Office Now, that is just nonsense. We need know that terrorism and its attacks after an extensive review and the con- information to flow rapidly to the peo- are a reality. And because of the hear- gressionally commissioned Advisory

VerDate 25-JUL-2000 04:59 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.185 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6891 Panel to Assess Domestic Response Ca- coordinate this activity, that frag- as well have been injured as a result of pabilities for Terrorism Involving mentation will no longer exist, the pol- these attacks. When these types of Weapons of Mass Destruction, which icy will be straightforward; and Amer- tragedies occur, we have real problems the gentleman from Minnesota (Mr. ica will be safer. in terms of making sure that people OBERSTAR) so eloquently alluded to, we I urge my colleagues to vote for the use the system. For the thousands of have already commissioned these bill. men and women who work as bus driv- things; but we commission so many Mr. OBERSTAR. Mr. Speaker, I yield ers, rail or ferry operators, we need to things and do not follow through. 4 minutes to the gentleman from Or- highlight the important job they per- That is why the gentlewoman from egon (Mr. BLUMENAUER). form and recognize the responsibility Florida is to be commended. The bot- Mr. BLUMENAUER. Mr. Speaker, I they take on with each passenger they tom line is this is not rocket science, appreciate the gentleman’s courtesy in carry. folks. This council on domestic ter- yielding me this time. I appreciate the provisions in this rorism preparedness within the Execu- Domestic terrorism is one of the bill that have the director develop in tive Office of the President will do most fundamental threats to the its annual preparedness plan and risk those coordinative efforts, will make liveability of our community. I have assessment looking at what happens those contacts, will bring the State greatly enjoyed working with the gen- for transportation. But I hope that this and local communities into a coordi- tlewoman from Florida (Mrs. FOWLER) will serve as a springboard for our nated national Federal strategy. And it and the leadership of our committee on doing a better job for the entire trans- is not going to end there. I think in the Preparedness Against Terrorism portation system to deal with the talking about a half a loaf that we Act. It is providing important coordi- needs of passengers and transportation should make these incremental gains nation as has been detailed by the pre- workers. toward a better program of domestic ceding speakers, and I want to add my I have enjoyed working with the gen- antiterrorism measures, but we should strong support and am proud to be a tlewoman from Florida (Mrs. FOWLER) not stop there. cosponsor. and the transit union to include these There was a recent article printed But I would like to focus, if I could, provisions in the bill, but I hope this that said our borders are so wide open for just 2 minutes on one particular as- tip of the iceberg is something we can a nuclear device could be slipped across pect that I appreciate the sub- work on in our committee to extend any part of our border and literally committee adding into the effort and these provisions because every day launched at one of our cities from that deals with the critical area of Americans deserve maximum safety within our own territory. I believe that transportation. Providing safe and ac- and security when they use the trans- was USA Today. My God, what is hap- cessible transportation choices for all portation systems. I appreciate the pening here? I think the White House members of the community is a crit- work here, and I hope we will be able to should be listening. I think the other ical role for the functioning of that follow up on it. body should pay strict attention to community. There are 350,000 Ameri- Mrs. FOWLER. Mr. Speaker, I yield 2 H.R. 809 and now to this finely crafted cans who work every day in providing minutes to the gentleman from Cali- bill. The Committee on Transportation public transportation services that fornia (Mr. KUYKENDALL), a member of and Infrastructure under the chairman- allow our communities to work. And the full committee, who has been work- ship of the gentleman from Pennsyl- there are more than 6 million Ameri- ing very closely with us on this legisla- vania (Mr. SHUSTER) and the gentleman cans a day who ride transportation tion. from Minnesota (Mr. OBERSTAR) I think services to work, to school, and to Mr. KUYKENDALL. Mr. Speaker, I has done a tremendous job in bringing other functions in their community. thank the gentlewoman from Florida that to the attention of the American Ensuring their safety from acts of ter- for yielding time. In my previous life I people and developing a legislative cri- rorism is a critical step toward the was a city councilman and sat on the teria to promulgate these programs larger goal of providing a safe working Los Angeles County emergency pre- and place them into some practical ac- environment and safe transportation. paredness commission. tion. That is what we need. The Preparedness Against Terrorism In Los Angeles County, we have got So although I am not totally satis- Act adds an important launching point about 10 million people. That is a little fied, I do support the bill. I hope that toward meeting this goal. It includes nation all by itself. We dealt with it has resounding numbers and that it critical provisions for the first time in many of these risks that we are look- will have and reach success in the Federal statute for studying the ing at here from a national perspective. other body and be signed into law, that threats from terrorism on our Nation’s We are a high-profile location in Los along with H.R. 809, the reform of the transportation systems and strategies Angeles. We have subways and we have Federal Protective Service, which I for improving our ability to prepare, LAX Airport. We have the Ports of Los think is so very important. prevent, and respond to these potential Angeles and Long Beach, targets to Mrs. FOWLER. Mr. Speaker, I yield 1 attacks. terrorists that would be immense if minute to the gentleman from Mary- We had demonstrated and our col- they wanted to successfully attack one land (Mr. GILCHREST), a member of the league from Georgia mentioned a few of them. full committee who has been working moments ago the release of the poi- I came to Congress, and I found my- closely with us on the development of sonous gas in 1995 on the Japanese sub- self sitting in the House Committee on this legislation. way system. We saw how it faced the Armed Services as a member of that Mr. GILCHREST. Mr. Speaker, I unique and increasing potential threat committee and finding out in a recent thank the gentlewoman from Florida from terrorist attack given the dif- study we just received that the great- for yielding me this time. When we ficulty in monitoring, identifying and est threat for loss of life to Americans consider the size of the United States, responding to threats of this nature. in the next decade is acts of terrorism the diversity of this great Nation, the When accidents or crime occur on within the boundaries of our Nation. range of our population and the con- buses or rail, they often capture the Not to our military forces deployed in figuration of the potential danger news headlines. Despite the high pro- Kosovo or in the Middle East, but the throughout the world, the United file given to such instances, transit, of greatest threat for loss of life to Amer- States above all countries should have course, remains one of the safest modes icans in the next decade is to civilians the kind of strategy, the kind of policy, of transportation; but sometimes you principally within the boundaries of the kind of coordination, the kind of would not know that through the head- the United States. vision to protect our citizens. Up to lines. If you put high-profile targets, and this point, that strategy and that pol- Sadly, in recent years there have that is the greatest threat for the next icy has been fragmented. been a series of events across the coun- 10 years, it seems only understandable With this particular bill, the gentle- try. In Washington, D.C., and Cali- that you would want to coordinate a woman from Florida (Mrs. Fowler) and fornia, Wisconsin and Texas, bus driv- Federal exercise so that you could get the members of the committee that ers have been attacked, threatened and the benefits of their expertise. We have have come together and their staff to injured. In several instances passengers had over 40 agencies spend $9 billion

VerDate 25-JUL-2000 04:59 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.175 pfrm02 PsN: H25PT1 H6892 CONGRESSIONAL RECORD — HOUSE July 25, 2000 last year. In 2 years one city got eight leagues to support this legislation. And Mr. OBERSTAR. Mr. Speaker, I training programs from three different I, again, thank the gentlewoman from thank the gentlewoman from Florida agencies. We have had 12 States that Florida (Mrs. FOWLER) for her fine (Mrs. FOWLER), the Chair of the sub- did not get any training. In addition to work on this legislation. committee, for yielding to me. that, there are 100 Federal terrorism Mrs. FOWLER. Mr. Speaker, I yield 2 Is it our intention that the legisla- response teams, but there is no plan on minutes to the gentleman from Florida tion not conflict with existing Presi- how they should all coordinate their ef- (Mr. FOLEY). dential decision directives, specifically fort. Mr. FOLEY. Mr. Speaker, let me PDD62, that this bill is, indeed, in- This bill fixes that. This bill takes a thank the gentlewoman from Florida tended to create an entity to work giant step toward protecting American (Chairwoman FOWLER) for her leader- within PDD62’s working group struc- civilians, Americans who are going to ship on this bill, as well as the gen- ture? be the most likely targets in this next tleman from Minnesota (Mr. OBER- Mrs. FOWLER. Reclaiming my time, decade. Although it seems relatively STAR). yes, that is correct. Section 657 of this small in stature when you stack it up Let me give my colleagues a little re- important legislation enables the coun- to the bills we take on every day, I lation to disaster when it occurs, how cil to participate in the National Secu- think this could have an immense difficult it is for communities, and rity Council’s working group structure. amount of impact on our personal lives while I make no comparison between Our intention is to make the existing over the next decade. terrorism and hurricanes, I was in the preparedness subgroups more effective. I urge Members’ support of the bill. Florida Senate when Hurricane Andrew Mr. OBERSTAR. If the gentlewoman Mrs. FOWLER. Mr. Speaker, I yield 3 struck; and I was asked to chair a com- would yield further, subsection 14 of minutes to the gentleman from Con- mittee that would dole out the nec- section 653 states that the council shall establish general policies regarding fi- necticut (Mr. SHAYS), who is chairman essary resources to communities to dig of the Subcommittee on National Secu- ourselves out, if you will, of Hurricane nancial assistance to States. It is my rity for the Committee on Government Andrew. understanding, I think our under- Reform and has been working very dili- The one thing that struck me was the standing, that these policies are not in- tended to specifically direct where gently on this issue this year. lack of preparedness on behalf of all Mr. SHAYS. Mr. Speaker, I thank the agencies. Everyone was scrambling, ev- grants should go or to micromanage the agency programs. gentlewoman for yielding me this time. eryone was trying to provide and do Mrs. FOWLER. That is correct. The As we work on this very important bill, good things, but everybody seemed to be in each other’s way, because nobody council should issue general policies I rise with some disappointment that for the purpose of implementing the she will not be here next year to con- had a template as to how to do it. When we look at the sheer fright and overall plan. The council should pro- tinue her excellent work. vide assistance to agencies in identi- disaster that would accompany a do- I rise in support of the Preparedness fying what types of projects or areas mestic terrorism incident, we recog- Against Terrorism Act because I think are consistent with the overall plan nize firsthand this is so important, it is an outstanding bill that addresses and should be priorities for funding. some real concerns. The Subcommittee proactive legislation, in order to avoid Mr. OBERSTAR. Mr. Speaker, I yield on National Security of the Committee the chaos that ensued after Hurricane myself 21⁄2 minutes. on Government Reform held eight Andrew. Mr. Speaker, I do so just for the pur- hearings on terrorism in this Congress. We went through Oklahoma. We have pose of correcting what I think is a The issues we looked at included the seen other instances where potentially mischaracterization of the bill by my need for integrated foreign and domes- the United States could be a target of good friend, the ranking member of the tic threat assessments, better coordi- terrorist activities, the Hamas, other subcommittee. This is not a half a loaf. nation of Federal programs to combat groups. Hizbollah we know are report- This is virtually the whole loaf. To be terrorism, and a clearer focus on the edly organizing and raising funds in sure, it does not include the original needs of local and State first America. We know Osama bin Laden language of the bill to establish within responders. has perpetrated tremendous acts of vio- the Executive Office of the President lence against citizens in our embassies b 1830 an entity to coordinate, but neither did in countries. we achieve that objective in the Avia- The bill we are considering this Now we recognize we have an oppor- tion Security Legislation of 1990 after evening would address the concerns tunity here with this great bill, a bi- the report of our Presidential commis- that my subcommittee has heard ex- partisan bill, to make America the sion established by President Bush. pressed in testimony. With more than leader both of hopefully preventing ter- When we reported to the President 40 Federal agencies and programs in- rorism, because one thing I realize the recommendation to establish with- volved, and no clear national strategy about Washington, people say why did in the Department of Transportation a to guide program spending, current we do that, one reason we do it is to be new office, a new assistant Secretary, policy is clearly confused, and there is proactive, to put in place the necessary the President’s response was that is no way to know if money is being tar- structure in order to not only signal to really the prerogative, the privilege of geted effectively. terrorists that we are serious, we are the executive branch to establish such Currently, only a coordinator on the investigating your activities and we new authorities. National Security Council has any re- are going to thwart and stop your ac- We acknowledge that is the preroga- sponsibility, but no authority over tivities, but God forbid they occur, tive of the executive. When the Office Federal counterterrorism programs. that at least we have a proper coordi- of Management and Budget in this con- Some have been calling for appoint- nated response in order to assist our text raised the same question, what we ment of a terrorism czar on the model citizens in bringing about some sem- did was get together and ask how can of the Office of National Drug Control blance of order to the communities. we achieve the same objective and not Policy. I pray because of the proactivity of transgress into what is appropriately Mr. Speaker, I think this bill strikes both Members of Congress and the executive branch prerogatives. the right balance between those op- committee, we will not only send a I think this coordinating council tions by making one person in the Ex- message to every terrorist worldwide, which we have established here and a ecutive Office of the President respon- we are not only watching you, we are precedent for which is a coordinating sible to coordinate Federal spending to prepared to respond to you, and we will council that was established also in the combat terrorism while keeping the stop you before your deathly deeds are Bush administration to deal with a emphasis on the primary response role done. plethora of transportation programs of the Federal Emergency Management Mrs. FOWLER. Mr. Speaker, I yield when the subcommittee that I chaired Agency, FEMA, and local police, fire, myself such time as I may consume, at the time found 137 different trans- medical, and National Guard units. and I yield to the gentleman from Min- portation programs in multiple depart- This is an outstanding bill, it will do nesota (Mr. OBERSTAR) for the purposes ments of government, none of them important things, and I urge my col- of a colloquy. being coordinated.

VerDate 25-JUL-2000 04:59 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.177 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6893 Then the Bush Administration’s Of- NATIONAL EMERGENCY lead body. The NDPO's mission is to coordi- fice of Management and Budget came MANAGEMENT ASSOCIATION, nate the more than forty federal departments and said, we agree with your idea to July 25, 2000. and agencies with programs to assist state have a coordinating council, and we are Hon. TILLIE K. FOWLER, and local emergency respondersÐfirefighters, U.S. House of Representatives, here to support it. That initiative has Washington, DC. police, and ER workersÐwith planning, train- worked very well, as I anticipate this The National Emergency Management As- ing, equipment, and exercise drills necessary coordinating council will work very sociation (NEMA) represents the state direc- to respond to a conventional or non-conven- well. tors of emergency management who are re- tional weapon of mass destruction (WMD) ter- Again, I compliment the gentle- sponsible for protecting lives and property rorist incident. Unfortunately, the NDPO has from natural disasters and man-made events woman from Florida (Mrs. FOWLER) on not been able to perform as proposed due to her initiative for being so stick-to-itive such as domestic terrorism. State emergency funding shortfalls and a lack of authority nec- management serves as the central coordina- on this matter and bringing it to a essary to execute its duties. I think that it is in- tion point for all state agency resources dur- excusable that the Clinton/Gore administration very successful conclusion. ing an incident and provides interface with Mr. Speaker, I yield back the balance federal agencies when assistance is needed. has decided to set their priorities elsewhere of my time. NEMA supports the concepts embodied in without dealing with the defense of this nation and its citizens first, but don't take my word for Mrs. FOWLER. Mr. Speaker, I yield H.R. 4210 that strive to improve federal co- it. myself such time as I may consume. ordination efforts for domestic preparedness including the development of a national A recent congressionally mandated study Mr. Speaker, I want to just thank the strategy. We support provisions in the bill preformed by the ``Advisory Panel to Assess gentleman from Minnesota (Mr. OBER- that require budget and program reviews for Domestic Response Capabilities for Terrorism STAR), the ranking member. I think the federal agencies involved with domestic pre- Involving WMD'' chaired by Governor James work that we have done on this legisla- paredness and that they are aligned with the Gilmore and researched by RAND came to tion is an example of how this legisla- goals and objectives identified in the na- the same conclusion. Their report stated ``that tive process is supposed to work. tional strategy. NEMA would like to see the greatest possible authority provided to the the complex nature of current Federal organi- When we see a problem and we work President’s Council to affect real change in zations and programs makes it very difficult for together to develop what is going to be how federal agencies coordinate with each state and local authorities to obtain Federal in- the best solution for that problem, and other and with states on this critical issue. formation, assistance, funding, and support.'' it evolves over time, that is what has State and local emergency management and In addition, the Panel concluded ``the concept happened with this legislation, that it responder input to the Council is extremely behind'' the NDPO is sound, but it just was has been a work in progress for several important as they are the ones who will re- not doing what it was meant to do. Surely, the months now. I think the project that spond to and manage the event for the first current administration has not done enough. I we have produced today is an excellent several hours. H.R. 4210 includes a provision congratulate Ms. Fowler for her intrepid work that establishes a State and local advisory on this and her steps to get the vital issue of product. group. It is not half a loaf as the gentleman NEMA commends you for your efforts to improving our homeland defense addressed. said, it is the whole loaf, because the improve our nation’s domestic preparedness As the days in this Congress wind down, I point of this all along was to establish program and we look forward to continuing promise to make my voice heard and leader- an entity within the Executive Office to work with you to ensure H.R. 4210 meets ship known in ensuring that Americans are as of the President; and that is what we its intended goal of enhancing preparedness protected as possible against biological/chem- are doing, establishing this council and response capabilities among all levels of ical/nuclear terrorist attacks in the next Con- government. within the executive office that will be gress. I am going to fight to maintain and in- Sincerely, crease America's prevention and consequence able to coordinate and oversee and JOSEPH F. MYERS, eliminate the duplication that occurs management abilities. The federal government NEMA President. spends billions of dollars on fighting terrorism, right now in these programs through- Mr. Speaker, as stated earlier, this is but the American people need to know that out our Federal Government. So it an excellent bill. This is an important their funds are not wasted and go to the most really has been an example of how we bill, because what we are doing here is relevant programs to ensure their security. should work on every piece of legisla- ensuring that each and every commu- Mrs. FOWLER. Mr. Speaker, I have tion in this body together. nity in our country will be better pre- no further speakers, and I yield back I also just wanted to point out, Mr. pared when, and if, a terrorist act does the balance of my time. Speaker, that this legislation has been occur. The SPEAKER pro tempore (Mr. endorsed by the National League of American lives are at stake here, and PEASE). The question is on the motion Cities, the National Emergency Man- we cannot waste any more time. We offered by the gentlewoman from Flor- agement Association, and the Inter- need to work together to make sure ida (Mrs. FOWLER) that the House sus- national Association of Fire Chiefs. that those emergency responders that pend the rules and pass the bill, H.R. These three groups have worked very are the first ones on call when an in- 4210, as amended. closely with us, and we have taken stance occurs that they have the train- The question was taken; and (two- their input as we have crafted this bill. ing, they have the resources, they have thirds having voted in favor thereof) Mr. Speaker, I include for the the equipment that they need to re- the rules were suspended and the bill, RECORD the following letters: spond. Again, I urge my colleagues to as amended, was passed. A motion to reconsider was laid on JULY 25, 2000. support this bill. the table. Hon. TILLIE K. FOWLER, Mr. WATTS of Oklahoma. Mr. Speaker, I U.S. House of Representatives, rise in support of H.R. 4210, the Preparedness f Washington, DC. Against Terrorism Act. Domestic terrorism has GENERAL LEAVE DEAR REPRESENTATIVE FOWLER: We are affected my life profoundly. I said to myself Mrs. FOWLER. Mr. Speaker, I ask writing on behalf of our members to express after the death of 169 innocent men, women, support for H.R. 4210, the ‘‘Preparedness unanimous consent that all Members Against Terrorism Act of 2000.’’ This legisla- and children in the 1995 Oklahoma City bomb- may have 5 legislative days within tion will help address our concerns about a ing that I would lend my support and endeavor which to revise and extend their re- coordinated system of federal resources to indefatigably to do everything possible to en- marks and include extraneous material communities throughout this country. sure that when terrorism touches America on H.R. 4210, as amended. Local fire, police, and emergency medical again, we will be as prepared as possible to The SPEAKER pro tempore. Is there services personnel are the first responders to deal with the consequences. However, today, objection to the request of the gentle- the scene of a terrorist threat or attack. It is the truth is the American government is just woman from Florida? crucial that the federal government develop not able to properly deal with a massive bio- and implement a comprehensive national do- There was no objection. mestic preparedness plan as provided for in logical/chemical/nuclear terrorist attack. f H.R. 4210. In 1998, the Attorney General created the National Domestic Preparedness Office CARL ELLIOTT FEDERAL Our organizations urge the swift adoption BUILDING of this bill in the House of Representatives. (NDPO) within the FBI to coordinate federal Sincerely, terrorism preparedness programs. Prior to this Mr. LATOURETTE. Mr. Speaker, I NATIONAL LEAGUE OF CITIES. switch, the Department of Defense was the move to suspend the rules and pass the

VerDate 25-JUL-2000 04:59 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.188 pfrm02 PsN: H25PT1 H6894 CONGRESSIONAL RECORD — HOUSE July 25, 2000 bill (H.R. 4806) to designate the Federal Mr. Speaker, this legislation will des- against that tide, to face the forces of building located at 1710 Alabama Ave- ignate the Federal building in Jasper, Wallace, to fight the Klan and the nue in Jasper, Alabama, as the ‘‘Carl Alabama, as the Carl Elliott Federal Birchers, the gunfire and smears and Elliott Federal Building’’. building. The Member whom we honor hysteria that all became a part of the The Clerk read as follows: represented the 7th district of Alabama Alabama governor’s race of 1966, a cam- H.R. 4806 for 16 years. He was born in 1913 to a paign the likes of which my State and Be it enacted by the Senate and House of Rep- family of very modest means in Frank- this Nation had never seen before, and resentatives of the United States of America in lin County, Alabama. I pray will never see again. Congress assembled, He graduated from the University of ‘‘That race was 25 years ago, the last SECTION 1. DESIGNATION. Alabama in 1933 and from its law time a man seriously stood up to The Federal building located at 1710 Ala- school in 1936. He practiced law in Rus- George Wallace in this State, and I bama Avenue in Jasper, Alabama, shall be known and designated as the ‘‘Carl Elliott sellville, and later moved to Jasper. He paid for it. I paid in dollars, cashing in Federal Building’’. was a World War II veteran. He came my pension fund to help finance that SEC. 2. REFERENCES. back to Jasper and got involved in campaign, and watching debt follow Any reference in a law, map, regulation, civic activities and was elected to Con- debt in years to come. I paid in dignity, document, paper, or other record of the gress 2 years after my predecessor, going to colleges I helped build asking United States to the Federal building re- John Blatnik, with whom he was a very to be hired to teach politics or history. ferred to in section 1 shall be deemed to be close friend. John Blatnik, Bob Jones, I paid in friendship, seeing many who a reference to the ‘‘Carl Elliott Federal stood by my side suddenly turn away Building’’. and Carl Elliott, a Northern Min- nesota, but Northern Minnesotan and as they were swept up by the same The SPEAKER pro tempore. Pursu- these two Alabamians, were very, very forces that left me behind. I paid in ant to the rule, the gentleman from close friends. reputation, still hearing people tell me Ohio (Mr. LATOURETTE) and the gen- I served as administrative assistant today that I purely and simply had tleman from Minnesota (Mr. OBERSTAR) for John Blatnik for 12 years and got to been a fool, that everything would be each will control 20 minutes. The Chair recognizes the gentleman know Carl Elliott and Bob Jones very fine if I had just played the game, not well. Congressman Elliott lost his seat to commit political and financial sui- from Ohio (Mr. LATOURETTE). Mr. LATOURETTE. Mr. Speaker, I in the House for an act of courage. He cide for a cause that was hopeless. yield myself such time as I may con- wrote a book entitled ‘‘The Cost of ‘‘They were higher prices, these were, sume. Courage, the Journey of an American than I ever imagined. I am 77 now, and Mr. Speaker, H.R. 4806 designates the Congressman.’’ I am still paying those prices, but we Federal building located at 1710 Ala- The forward to that book says: ‘‘I am have all paid the price when the walls bama Avenue in Jasper, Alabama, as not a man who shows much emotion. I of segregation began crumbling across the Carl Elliott Federal building. This can’t remember crying too many times America. The torment, the pain, the legislation was favorably reported out in my life. I cried when my son died. I push and the passion on both sides of of the Subcommittee on Economic De- cried when my wife died, but I don’t the civil rights movement nearly tore velopment, American Public Buildings, show a lot of personal feelings. So all the country apart. America, especially Hazardous Materials and Pipeline of those folks up in Boston probably the South, paid a high price then, and Transportation this morning. didn’t know how I felt when they is still paying today. The force I faced Carl Elliott was born in Vina, Frank- brought me out in front of that crowd 25 years ago, a pointed power of racial lin County, Alabama, in 1913. He grad- on a rainy Tuesday morning in the hatred and sullen resistance, is far uated from the University of Alabama spring of 1990 to give me the first John from dead in this Nation. To fail to see Law School, and he was admitted to F. Kennedy Profile in Courage award.’’ this, to neglect to continue to do all the Alabama Bar in 1936. b 1845 that we can to resist and rise above it, Later that same year, Congressman is to pay a higher price than any of us Elliott established a law practice in And he thinks back through time, can afford.’’ Russellville, Alabama, before relo- saying, ‘‘It has been a long time since In his speech at the John F. Kennedy cating it to the city of Jasper. Con- those farmers and miners sent me to Profile in Courage Award, he said, gressman Elliott bravely served the Congress in 1948, where I spent 16 years ‘‘There were those who said I was United States of America during the doing all I could for them, getting ahead of my time. But they were course of World War II. After returning dams put up, libraries built, roads cut, wrong. I believe that I was always be- from the war, he was elected to the 81st mail delivered, doing as much as I hind the times that ought to be. The Congress. During Congressman El- could for the Nation; working 10 years thing that I cherish more than any liott’s 8 terms in office, he championed to build and finally give birth to the award or honor is the National Defense educational issues, including providing National Defense Education Act,’’ and Education Act. It is still putting equip- educational opportunities in rural he was the author of that education ment into schools, training teachers, communities. legislation, ‘‘which opened college giving good students an opportunity to While serving on the Committee on doors to millions of students who, go to college. More than 20 million stu- Rules, Congressman Elliott supported without it, never could have afforded dents have taken that opportunity. I moderate social issues to provide op- the education that change their lives. consider them my family. When every- portunities for all Americans. After A long time since I rode the crest of a thing is said and done, when all the leaving office, Congressman Elliott progressive liberal wave in Congress, shouting and the hullabaloo are over, served on President Lyndon Johnson’s spearheaded by my contemporaries and there are no postscripts left to Library Commission in 1967 and in 1968. from Alabama, Senators Lister Hill, write, all you have got is yourself and He also served under President John- John Sparkman, Congressman Bob the way you lived your life, the things son and President Nixon’s Public Eval- Jones, Albert Raines, Ken Roberts and you stood for, or didn’t stand for. If uation Committee, Office of State others, to a spot on the Rules Com- you can live with that, you are all Technical Services, and as a member of mittee, working arm-in-arm with Sam right, and, me, I can live with that.’’ the Technical Advisory Board in the Rayburn and the new President, John I think we can all live with the Carl Department of Commerce. F. Kennedy. The world was in our Elliott Federal Building. Congressman Elliott passed away hands. So much of it seemed to be Mr. Speaker, I reserve the balance of January 9 of last year. This is fitting changing for the better. And all of a my time. tribute to a former Member. I support sudden it came apart. George Wallace Mr. LATOURETTE. Mr. Speaker, I the bill and encourage my colleagues was elected Governor of Alabama in yield myself such time as I may con- to join in support. ’62, Kennedy shot in ’63, the tide of seg- sume. Mr. Speaker, I reserve the balance of regation and racism cresting, swamp- Mr. Speaker, I always learn a great my time. ing the South in hatred and driving me deal when I listen to the gentleman Mr. OBERSTAR. Mr. Speaker, I yield out of Congress in 1964. It was a long from Minnesota (Mr. OBERSTAR) talk, myself such time as I may consume. time since I gathered to make a stand it does not matter what the subject.

VerDate 25-JUL-2000 05:54 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.181 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6895 The gentleman has more knowledge, ica’s history had the Federal Govern- currently live in Jasper, are still living institutional and otherwise, than any ment been able to pass laws that sig- today, and also I just found out today Member of the House. nificantly and directly provided aid to that his grandson, William Russell, is I did not know that Mr. Elliott was the Nation’s schools. The first was the working now on Capitol Hill. the author of the NDEA. And if it had passage of the Northwest Ordinance in In 1990, Carl Elliott was given what is not been for the NDEA, I would not 1787, which set aside public lands for el- perhaps the greatest honor of his ca- have had the opportunity to afford to ementary and secondary schools. The reer when he was named the first re- go to college. So I am doubly pleased to second came in 1962, when Abraham cipient of the John F. Kennedy Profile be bringing the bill to the floor today. Lincoln signed the Morrill Act, which in Courage Award. Created by the John Mr. Speaker, I yield such time as he provided land grants for state univer- F. Kennedy Library Foundation to en- may consume to the gentleman from sities.’’ courage elected officials to show cour- Alabama (Mr. ADERHOLT), the author of As chairman of the Education and age in their political leadership, more the legislation before us. Labor Subcommittee on Special Edu- than 5,000 people were nominated, but (Mr. ADERHOLT asked and was cation, Carl Elliott saw that wherever only one person was chosen, and that given permission to revise and extend he went, he was told the same thing was Carl Elliott. his remarks.) that he had already known for quite In his autobiography, Carl Elliott Mr. ADERHOLT. Mr. Speaker, it has some time, that something needed to himself best summed it up, and, as the already been stated tonight and it has be done to strengthen our educational gentleman from Minnesota (Mr. OBER- been stated very eloquently some system, particularly in the fields of STAR) eloquently put it tonight and it things about Congressman Carl Elliott, science and technology. This need be- is the way he said it best in his book in who served as an outstanding rep- came dramatically clear in our Nation the Profile in Courage speech, ‘‘There resentative for Alabama and our Na- when Sputnik I was launched by the were those who said that I was ahead of tion throughout his life. Soviet Union in October of 1957. With my time. But they were wrong. I be- He was born to Will and Nora Massey its strange beeping sound heard by mil- lieve that I always was behind the Elliott of Vina, in Franklin County, lions of Americans as it orbited the times that ought to be.’’ Alabama, in 1913, and he tirelessly de- Earth that month, Americans realized To honor Carl Elliott’s long and dis- voted himself to serving others. He was that there was a tremendous need to tinguished career, I am proud to intro- a 1936 graduate of the University of increase our scientific and technical duce H.R. 4806 to designate the Federal Alabama Law School and he was ad- knowledge base to win the space race building located at 1710 Alabama Ave- mitted to the practice in Alabama and eventually win the Cold War. nue in Jasper, Alabama, as the Carl El- under the Alabama State Bar the same When the House convened in 1958, liott Federal Building. I urge my col- year. He also set up his law practice in Carl Elliott’s number one priority was leagues to join me in supporting this Russellville, Alabama, in 1936 and later passage of his bill, the National De- legislation. I believe it will serve as a moved that practice to Jasper, Ala- fense Education Act. This historic leg- fitting tribute to a great leader who bama, where he later served as judge of islation established loans to students truly made a difference in making the the Recorders Court. at our Nation’s colleges and univer- lives of Americans in his era and in our In June of 1940, Carl Elliott married sities, and provided financial assist- own better than they would have been Jane Hamilton, who remained his wife ance for strengthening education by without his leadership. until her death in 1985. Through their authorizing Federal grants to States to I had an opportunity to personally years together, the couple raised four purchase equipment for science and know Carl Elliott. As a college student children, Carl, Jr., Martha, John and mathematics instruction. I was working on a term paper and I Lenora. The National Defense Education Act Following military service in the went to see the former Congressman to helped to strengthen math and science discuss the topic that I was working Second World War, Carl Elliott rose instruction at a critical time in our quickly in public life and was elected on, the history of Winston County. He Nation’s race to the Moon and our sat down with me, he was helpful, he to the 81st and seven succeeding Con- eventual victory in the Cold War under gresses beginning in 1948. was sincere, and he took time to help a Presidents Reagan and Bush. student who needed his help. From the first day he came to Wash- Carl Elliott was also responsible for It is only fitting and proper that we ington, Carl Elliott began working on a the Library Services Act, which honor Carl Elliott through this legisla- bill for Federal aid for education. In brought libraries to rural communities, tion. every Congressional session from 1949 and even now provides millions of dol- to 1958, Carl Elliott introduced some lars in Federal assistance for low-in- Mr. OBERSTAR. Mr. Speaker, I have form of a student aid act, knowing that come elementary, secondary and col- no further requests for time, and I under the seniority system, his legisla- lege level students. yield back the balance of my time. tion might take years to get a hearing. As a member of the House Committee Mr. LATOURETTE. Mr. Speaker, I Despite these challenges, Carl Elliott on Rules, Elliott worked for progres- yield myself the balance of my time. was undeterred in his strong desire to sive social legislation and took a stand Mr. Speaker, while Mr. ADERHOLT improve the quality of our Nation’s on racial issues during a time in the was speaking, I was talking to the ex- education system, from the elementary South when such a stand was anything cellent staff director of our sub- and secondary level through higher but popular. committee, Rick Barnett, and he in- education in our Nation’s colleges and Despite his Congressional defeat in formed me he also was the recipient of universities. This persistence paid off 1964, Carl Elliott continued his career an NDEA loan. when he was appointed to the House in public life, serving as a member of While I am on that subject, the mem- Committee on Education and Labor in President Johnson’s Library Commis- bers of the subcommittee today as we October of 1951, the committee on sion in 1967 and 1968. He also served marked up this piece of legislation which Elliott is known for having done under Presidents Johnson and Nixon as were stunned to find out that our staff his greatest work in the House. Chairman of the Public Evaluation director, Mr. Barnett, is leaving us and But Carl Elliott knew it was not al- Committee, Office of Technical Serv- going into private service, and I would ways politically popular for a Con- ices, and a member of the Technical be happy to yield some time to the gressman to be a champion of our Na- Advisory Board within the Department ranking member of the full committee tion’s educational system. In his auto- of Commerce. when I finish these remarks. biography, The Cost of Courage, the Although elected and appointed to I have been lucky enough to be on Journey of an American Congressman, high office throughout his career, El- this subcommittee for the last 6 years Elliott wrote that ‘‘By stepping into liott never forgot his roots, resuming since I came to the Congress in 1995. It the arena of the fight for Federal aid to his law practice in Jasper until his is one of the best kept secrets in the education, I was entering a battle- death on January 9 of last year. Two of United States Congress, this particular ground littered with nearly two cen- Elliott’s children, Martha Elliott Rus- subcommittee. It goes through a lot of turies of corpses. Only twice in Amer- sell and Lenora Russell Cannon, who permutations. But the one constant

VerDate 25-JUL-2000 06:13 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.183 pfrm02 PsN: H25PT1 H6896 CONGRESSIONAL RECORD — HOUSE July 25, 2000 during my tenure on the subcommittee to him, if I am his only competition in EXPRESSING SENSE OF CONGRESS has been the staff director, Rick cycling, he is going to be way, way REGARDING HISTORIC SIGNIFI- Barnett. ahead of any threat. CANCE OF 210TH ANNIVERSARY Anyone who is here for any period of Mr. Speaker, I yield 1 minute to the OF ESTABLISHMENT OF COAST time at all, Mr. Speaker, recognizes gentleman from Maryland (Mr. GUARD that while we get to stand in front of GILCHREST), who was the first chair- Mr. GILCHREST. Mr. Speaker, I the C–SPAN cameras, it is the staff man that I served under on this won- move to suspend the rules and agree to that is the oil and grease and every- derful subcommittee. the concurrent resolution (H. Con. Res. thing else that makes this place go. Mr. GILCHREST. Mr. Speaker, I 372) expressing the sense of the Con- Rick Barnett has provided profes- thank the gentleman from Ohio (Mr. gress regarding the historic signifi- sional service to not only the members LATOURETTE) for yielding me this time. cance of the 210th anniversary of the of the subcommittee, but to the mem- Mr. Speaker, I would like to make a establishment of the Coast Guard, and bers of the full committee, and I could comment about Mr. Barnett’s service for other purposes. not have done my job and I know the on the committee. It was my first time The Clerk read as follows: chairman of our subcommittee, the as chairman of the committee and H. CON. RES. 372 gentleman from New Jersey (Mr. Rick ensured that the stability, the Whereas the Revenue Cutter Service was FRANKS), could not have done his job consistency, and the professionalism of established in 1790 under the jurisdiction of without him. As a matter of fact, dur- that committee was carried out in an the Treasury Department; ing my three terms, we have had three efficient, prompt manner. Whereas the Revenue Cutter Service and chairmen, the gentleman from Mary- I would also like to say something the United States Life-Saving Service were combined in 1915 to form the Coast Guard; land (Mr. GILCHREST), Mr. Kim, and above Rick Barnett’s ability to ride a Whereas in April 1967, the Coast Guard was now we have had the gentleman from bicycle. He is also a good horseback transferred to the Department of Transpor- New Jersey (Mr. FRANKS), and Mr. rider. In fact, on the day of the tragedy tation where it remains today (except when Barnett has been the one constant that in Oklahoma, when the Murrah Build- operating as a service in the Navy in times has made sure all of the ‘‘t’s’’ were ing was bombed, Rick and I were riding of war); crossed and ‘‘i’s’’ were dotted. horses in Kennedyville, Maryland, on Whereas the Coast Guard is comprised of Mr. Barnett, I will miss you very the Eastern Shore when we came back nearly 35,000 active personnel and 28,000 re- much. serve personnel; to the House and saw that tragedy un- Whereas the Coast Guard is supported by Mr. OBERSTAR. Mr. Speaker, will fold. From that point on, Rick made approximately 35,000 volunteers of the Coast the gentleman yield? sure that our committee was fully en- Guard Auxiliary; Mr. LATOURETTE. I yield to the gaged in the healing process and the Whereas the Coast Guard is the Nation’s gentleman from Minnesota, the distin- legislative process to ensure that that premier military, multimission, maritime guished ranking member. type of terrorist activity would not service that provides unique, nonredundant, Mr. OBERSTAR. Mr. Speaker, I happen again. complimentary capabilities to safeguard thank the gentleman for yielding, and United States national security interests; So I salute Mr. Barnett in his future Whereas the Coast Guard provides unique especially thank him for taking time career. services and benefits to the United States to pay tribute to Mr. Barnett. I also Mr. LATOURETTE. Mr. Speaker, I through a distinctive blend of humanitarian, appreciate the gentleman’s kind words yield myself such time as I may con- law enforcement, diplomatic, and military about my previous remarks on the El- sume. capabilities; liott bill. Mr. Speaker, I think from comments Whereas the 5 operating roles of the Coast Mr. Speaker, I am quite surprised of the gentleman from Maryland (Mr. Guard are maritime safety, maritime secu- rity, protection of natural resources, mari- that our colleague on the sub- GILCHREST), we now see Mr. Barnett time mobility, and national defense; committee is leaving. I have memos in embodies the intermodalism we are so Whereas each year the Coast Guard con- my files going back to the early 1990s proud of on the Committee on Trans- ducts on average more than 65,000 search and when Mr. Barnett began service on the portation and Infrastructure. I would rescue missions, saving over 5,000 lives and committee and our side had the major- urge passage of the bill. $1,400,000,000 in property; ity. His memos were a model of rec- Mr. Speaker, I yield back the balance Whereas each year the Coast Guard, titude and thoroughness then, as they of our time. through its drug interdiction efforts, keeps are today. He has provided great serv- The SPEAKER pro tempore. The more than $3,000,000,000 worth of drugs off ice. United States streets; question is on the motion offered by Whereas the Coast Guard safeguards ocean He is a thoroughgoing professional, a the gentleman from Ohio (Mr. resources from degradation by pollution and gentleman in the fullest sense of that LATOURETTE) that the House suspend overuse through marine environmental pro- term, but especially a bicyclist. It is the rules and pass the bill, H.R. 4806. tection and fisheries enforcement programs; not well known that he is a superb The question was taken. Whereas each year the Coast Guard re- competition-level bicyclist, and the Mr. LATOURETTE. Mr. Speaker, on sponds to more than 11,600 hazardous waste only solace I can take in his leaving that I demand the yeas and nays. spills, inspects approximately 34,000 United the committee is that I will now prob- States vessels and 19,400 foreign vessels, and The yeas and nays were ordered. investigates over 7,400 marine accidents; ably be the strongest bicyclist on the The SPEAKER pro tempore. Pursu- Whereas the Coast Guard maintains the committee among members or staff, ei- ant to clause 8 of rule XX and the largest system of aids to navigation in the ther side of the aisle. That is the only Chair’s prior announcement, further world, with more than 50,000 buoys, fixed consolation we take. proceedings on this motion will be markers, and lighthouses; b postponed. Whereas the Coast Guard provides critical 1900 ice breaking services for the Nation’s inland waterways and shipping channels; We regret greatly Mr. Barnett’s de- f parture from the committee and wish Whereas the Coast Guard is responsible for him success in all that he undertakes. approximately 18,000 highway and railroad Wherever he lands, he will be a success GENERAL LEAVE bridges that span navigable waterways throughout the Nation; because he has demonstrated his pro- Mr. LATOURETTE. Mr. Speaker, I Whereas the Coast Guard plays a leading fessionalism here and his objectivity ask unanimous consent that all Mem- role in the Nation’s undocumented migrant and thorough pursuit of the highest bers may have 5 legislative days within interdiction activities; goal of public service. My congratula- which to revise and extend their re- Whereas the Coast Guard is a military tions. marks and include extraneous material service and a branch of the Armed Forces, Mr. LATOURETTE. Mr. Speaker, I on H.R. 4806, the measure just consid- and plays a crucial role in the President’s yield myself such time as I may con- ered by the House. strategy of international engagement; Whereas Coast Guard personnel have sume. The SPEAKER pro tempore. Is there fought in every major military conflict since Mr. Speaker, I thank the distin- objection to the request of the gen- its inception in 1790; and guished ranking member of the full tleman from Ohio? Whereas the men and women serving in the committee; and I would just mention There was no objection. Coast Guard embody a rich tradition of

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.184 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6897 honor, devotion to duty, and dedication to lion a year, about the same amount done a tremendous job chairing the service during times of peace and war: Now, that the Social Security Administra- Subcommittee on Coast Guard and therefore, be it tion spends every 4 days, to do every- Maritime Transportation of the Com- Resolved by the House of Representatives (the Senate concurring), That the Congress— thing from rescuing endangered boat- mittee on Transportation and Infra- (1) recognizes the historic significance of ers, protecting fisheries, stopping ille- structure. The Coast Guardsmen tell the 210th anniversary of the establishment of gal immigrants, and interdicting drugs. me that from the commandant on the Coast Guard and the indelible contribu- In fact, the street value of the drugs down. I commend him for that. Happy tions of the Coast Guard to the United seized by the Coast Guard exceeds the birth, Coasties. Semper Paratus. States; value of its entire budget. Mr. Speaker, I rise today in support of this (2) commends— As indicated in a recent GAO report resolution honoring the United States Coast (A) the Coast Guard’s effectiveness in pro- during the 1990s, the Coast Guard has Guard on its 210th birthday which will occur tecting the public, the environment, and been assigned vastly increased respon- United States economic and security inter- on August 4. As many in this body already ests in the Nation’s ports and inland water- sibilities while shrinking its workforce know, the U.S. Coast Guard is our nation's ways, along the Nation’s coasts, on inter- by 10 percent and operating within a oldest maritime service. What many of you national waters, and in any maritime region budget that has risen by only 1 percent may not realize, however, is that the U.S. in which United States interests may be at in actual dollars. The time has come Coast Guard is also the seventh largest naval risk; and for us, it seems, Mr. Speaker, to reward service in the world and operates with the sec- (B) the men and women serving in the the hard-working men and women of ond oldest fleet. Yes, that's right, our Coast Coast Guard who risk their lives to save oth- the United States Coast Guard by pro- GuardÐthe one that's saved over 90,000 lives ers in danger at sea, enforce the Nation’s viding them with the necessary equip- treaties and other laws, protect the marine since 1994, the one that set a record for co- environment, ensure a safe and efficient ma- ment and resources that will allow caine seizures last year, and the same service rine transportation system, and support dip- them to continue their excellent serv- that performed with dignity and courage under lomatic and national defense interests of the ice to this country well into the 21st the pressure of numerous aviation accidents United States worldwide; and century. and natural disastersÐoperates with the sec- (3) supports the Coast Guard in its efforts At many Veterans’ Day and Memo- ond oldest fleet in the world. to remain ‘‘Semper Paratus’’—Always rial Day services across this country, it While operating with the second oldest fleet Ready—as it moves forward to meet the de- is not uncommon for speakers to refer in the world, the U.S. Coast Guard was one of mands of the 21st century. to our four Armed Services, the Army, only two federal agencies to earn an ``A'' from The SPEAKER pro tempore. Pursu- Navy, Air Force and Marine Corps. the independent government performance ant to the rule, the gentleman from Time and again I have heard that. The project for operating with unusual efficiency Maryland (Mr. GILCHREST) and the gen- Coast Guard is significantly omitted. and effectiveness. How was the Coast Guard tleman from Minnesota (Mr. OBERSTAR) Mr. Speaker, I do not think there is able to achieve a grade of ``A'' that eluded 18 each will control 20 minutes. any ill intent involved in that. I think other federal agencies? The answer, at least The Chair recognizes the gentleman it is omitted because the Coast Guard according to the independent government per- from Maryland (Mr. GILCHREST). is the only armed service, as we per- Mr. GILCHREST. Mr. Speaker, I formance project, is innovation resulting from haps know, that is not a Member of the yield 5 minutes to the gentleman from constant budgetary and operational pressure. Department of Defense. If the Coast Guard can get an ``A'' operating North Carolina (Mr. COBLE). I attended a Veterans’ Day service in (Mr. COBLE asked and was given per- under these dire conditions, imagine what they a school, Mr. Speaker, in my district. mission to revise and extend his re- could do with better equipment and well-com- It has been 5 or 6 years ago. The local marks.) pensated people. Mr. COBLE. Mr. Speaker, I thank the band honored the military services by Along these same lines, the Interagency gentleman from Maryland (Mr. playing their respective hymns. And Task Force on Coast Guard Roles and Mis- GILCHREST) for yielding me this time. guess what? The Coast Guard’s march- sions recently reported that a healthy Coast Mr. Speaker, as was said, this resolu- ing hymn, Semper Paratus, was omit- Guard is vital to protect and promote many of tion honors the United States Coast ted. I almost knocked the table down our nation's important safety, economic and Guard on its 210th birthday which will to get to the music director. I asked national security interests. The men and occur on August 4. her why it was omitted. She said, we women of the Coast GuardÐwith a force Many people, Mr. Speaker, say to me, did not have the music. smaller than the New York City Police Depart- well, what does the Coast Guard do? I said to her, it is the most beautiful mentÐcarry out these vital missions in this Never heard of the Coast Guard. and most stirring marching hymn of country's ports and waterways, along its Well, the Coast Guard does not do too the armed services. She said next year 47,000 miles of coastline, lakes and rivers, on much. All they did since 1994 was res- if I get her the music she will play it. international waters or in any maritime region cue and save over 90,000 lives. All they Next year the band did, in fact, play as required to support national security. did last year was establish a new that hymn. As exhibited by this laundry list of assign- record for cocaine seizures; the same Mr. Speaker, there is a current movie ments, the Coast Guard has been spread far Service that performed with dignity that is just doing tremendously on box too thin in recent years. A recent GAO report and courage under pressure in response office receipts that portrays the Coast found that the Coast Guard has been as- to the numerous aviation accidents and Guard in its proper role, and I think signed vastly increased responsibilities while natural disasters. that many Americans take very cas- shrinking its workforce by 10 percent and op- An Independent Government Per- ually what the Coast Guard members erating within a budget that has risen by only formance Project recently completed do day in and day out. It is indeed an one percent in actual dollars. Mr. Speaker, the its second report card rating the per- unsung service. I call it oft times the time has come for this Congress to stop ex- formance of Federal agencies. The good blue collar service. I call them the panding the scope of the Coast Guard's oper- news, Mr. Speaker, is that out of 20 buoy tenders. They are clearly the blue ations without providing them with the nec- Federal agencies rated only the Coast collar, the Coast Guard, but I think the essary resources. Despite the Coast Guard's Guard and the Social Security Admin- Coast Guard is the blue collar armed outstanding performance record, asking them istration received an overall grade of A service of this country and they serve to continue to do more with less jeopardizes for their performance. That is the good us well. the Coast Guard's core dutiesÐwhich are news for those two agencies. Mr. Speaker, in closing I would just matters of life and death. How was the Coast Guard able to like to wish all of our Coasties and our The time has come for us to reward the achieve a grade that eluded 18 other men and women throughout the Coast hardworking men and women of the Coast Federal entities? The answer, at least Guard from sea to sea, ocean to ocean, Guard by providing them with the necessary according to the Independent Govern- and express our thanks to them on be- equipment and resources that will allow them ment Performance Project, is innova- half of the country for giving us the op- to continue their excellent service to this coun- tion resulting from constant budgetary portunity to be here and to wish them try well into the 21st Century. and operational pressure. a very happy 210th birthday. To the men and women of the U.S. Coast The Coast Guard, Mr. Speaker, re- I want to acknowledge the gentleman GuardÐthank you for your service to our ceives an appropriation of about $4 bil- from Maryland (Mr. GILCHREST). He has country and for giving us the opportunity to

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00119 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JY7.102 pfrm02 PsN: H25PT1 H6898 CONGRESSIONAL RECORD — HOUSE July 25, 2000 wish the Coast Guard a Happy 210th Birthday. safeguard our ports by inspecting ships Mr. Speaker, I reserve the balance of We would not be here today without your to ensure that they are safe when they my time. dedication and sacrifice. Happy Birthday are entering our ports; to manage the Mr. GILCHREST. Mr. Speaker, I Coasties and Semper Paratus! protection of our fishery stocks out to yield myself such time as I may con- Mr. OBERSTAR. Mr. Speaker, I yield our 200-mile exclusive economic protec- sume. myself such time as I may consume. tion zone; and to protect our borders Mr. Speaker, August 4 will mark the Mr. Speaker, I commend our com- from drug smugglers and illegal immi- 210th anniversary of the U.S. Coast mittee chairman, the gentleman from grants. Guard. Since 1790, the men and women Pennsylvania (Mr. SHUSTER), our sub- Every year the Coast Guard inter- of the Coast Guard have demonstrated committee chairman, the gentleman cepts drugs and other illegal shipments that they are always ready, Semper from Maryland (Mr. GILCHREST), our destined for our shores, whose value is Paratus, to carry out their critical du- ranking member on our side, the gen- at least as great and in some years ties. tleman from Oregon (Mr. DEFAZIO), on greater than the entire Coast Guard Today’s Coast Guard has primary re- combining forces to salute the Coast budget. sponsibility for the promotion of safety Guard on its 210th anniversary. I particularly pay tribute to those of life and property at sea. That is easy Our committee, arguably with the Coast Guardsmen and women of the to say and difficult to do, because there Committee on Ways and Means, is the Ninth District that covers over 296,000 are days when the seas are calm and oldest committee in the House of Rep- square miles of the Great Lakes, span- there are days when the seas are resentatives. We passed the very first ning from Alexandria Bay in New stormy. There are evenings when the legislation in the first Congress in 1789 York, to depending on your persective, stars are out, and the twilight is beau- to establish a lighthouse, the Cape either the western terminus or the tiful. And there are evenings when the Henry Lighthouse. Concurrently with western beginning point of the Saint storm rages, the icebreakers are out that action, the Secretary of the Treas- Lawrence Seaway, Duluth, Minnesota. there, and the storm ensures that the ury, Alexander Hamilton, approached The 92 Coast Guard units that cover hours the Coast Guard is on duty will the Congress to establish a service to this area protect some and serve some be very, very dangerous. enforce our tariff laws. 2.3 million recreational boaters. They But, Mr. Speaker, they do their job The Congress responded with the au- keep the lanes and harbors open with in spite of all that. The Coast Guard is thorization to construct 10 cutters icebreakers to ensure that the iron ore responsible for enforcing all Federal needed to patrol the coast along the from my district gets down lake to the laws, at sea and under the sea, in all of northern States and enforce our rev- Lower Lake steel mills, and that small the United States’ waters and the enue laws. They had to be larger than East Coast communities receive their United States’ territories. They maintain the aids to naviga- any previously built. They had to be winter heating oil. tion, which is something we almost heavier for winter conditions. They had In the 1996/1997 winter season, ice- never think of until we are in a boat to be faster than anything we had had breakers on the Great Lakes paved the and we do not want to run aground. As before, to collect tariffs on imported way and broke ice for 16 million tons of iron ore, coal, stone and cement to be a result of that, as a result of the Coast goods. Guard’s professional, efficient, per- Ironically, these ships ended up cost- transported to Lower Lake ports and sistent adherence to those aids of navi- ing as much as $500 more than the from the Lower Lakes to the Upper gation, the mariners, whether they are $1,000 each appropriated. All of the Lakes Region of Minnesota and Wis- on the high seas, in our coastal waters, ships were built, but it is not clear consin. The Coast Guard every year under- or in our rivers, they are safe. from historical records where Sec- takes missions to save 5,000 lives and The protection of the marine envi- retary Hamilton found the money to over 65,000 search and rescue missions. ronment, which is one of the major re- complete the task. Every year, their actions protect over sponsibilities exclusively designated to With that action, the Revenue Cutter $1.5 billion in private and public prop- the U.S. Coast Guard. Under all cir- Service was established, the forerunner erty. cumstances, in all weather, in all seas, of what we know today as the U.S. There is an old saying in the Coast throughout the entire many thousands Coast Guard. The Coast Guard is an Guard, ‘‘You have to go out but you do of miles of the U.S. coastline. And the amalgamation of five Federal agencies not have to come back.’’ U.S. citizens are protected from the that also have their origins at the be- vast array of problems surrounding b 1915 ginning of our country. The Steamboat pollution, including oil pollution from Inspection Service, the Bureau of Navi- Every year that they go out, every the vast array of oil tankers and cruise gation, the Lifesaving Service, and a day that they go out on mission, our ships that navigate through our wa- very special service, the Lighthouse Coast Guard men and women know ters. Service. As I said, the very first action that they may never come back to Domestic and international of our committee was to establish a their families. They risk their lives, icebreaking activities from the North lighthouse. but they do so in a thorough, profes- Sea to the majestic Great Lakes, to the The Coast Guard over the years has sional manner that is in the highest Arctic Circle, to the Antarctic Circle, served our country in military conflict tradition of this Nation. and to the jewel of estuaries, the from the war with France in 1799 to ac- They deserve this tribute and much Chesapeake Bay. Those waters are pro- tions today when they lead border par- more. They deserve to be fully funded tected. They are navigable in all ties to enforce the Naval blockade in and adequately funded. There was a weather to ensure that schoolchildren, Bosnia or Iraq or in World War II when year in the mid-1980s when, on another if they live on an island like Smith Is- they drove landing craft on to the committee on which I served, the Com- land in the Chesapeake, that they can beaches of Normandy or in Vietnam mittee on the Merchant Marine and get to school in spite of the ice. They where they patrolled the rivers and Fisheries which had jurisdiction over might not be disappointed, but because bays to protect our soldiers. the Coast Guard before it was trans- of the Coast Guard they ensure that Over the years, the Congress, seeing ferred to the Committee on Transpor- they get their education. Or to all the a need to provide service to the Amer- tation and Infrastructure, the Coast barges and the ships that travel ican public and protection for water Guard budget had been pared back so throughout the Nation’s waters, and travelers, has authorized new and ever far that we called it ‘‘Semi Paratus,’’ especially in the Antarctic or the Arc- more far-reaching and more chal- but resolved that never again should tic, the U.S. Coast Guard icebreakers lenging missions for the Coast Guard: that happen. are on duty 24 hours a day. Sometimes search and rescue; maintain thousands Mr. Speaker, when we take time as in the Antarctic, they are cutting of aids to navigation; break ice in the we do today to pay tribute to the men through ice that is 12 feet thick. It is a Arctic and Antarctic; and on the Great and women of the U.S. Coast Guard for lonely duty. But the courageous Coast Lakes and the East Coast: protect the the service they render all Americans, Guard people ensure that it is done. environment, the cleaning up of oil we shall always have a Coast Guard The safety and security of vessels, spills and hazardous material spills; that is Semper Paratus. ports, waterways and facilities are all

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.103 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6899 ensured by the Coast Guard. And the GILCHREST), chairman of the Sub- ral Loy, the Commandant of our Coast gentleman from Minnesota (Mr. OBER- committee on the Coast Guard and Guard, that I have a crush on every STAR) mentioned the fisheries out 200 Maritime Transportation, and the gen- man and woman in the Coast Guard. I miles, the exclusive economic zone as tleman from Oregon (Mr. DEFAZIO), the so admire what they do and what they it is called, is constantly under siege ranking member, for their guidance provide to our country and how well by the foreign fishing vessel fleet. And and leadership on such a relatively im- they do it and what a proud group of who is out there to protect the eco- portant bill.I would also like to thank individuals that they are. nomics and the marine ecosystem but the gentleman from Guam (Mr. UNDER- I am especially supportive of this res- the U.S. Coast Guard. WOOD), the gentleman from North Caro- olution because I have the only Coast As a military service and a branch of lina (Mr. COBLE), the gentleman from Guard training center on the West the Armed Forces, the Coast Guard North Carolina (Mr. JONES), the gen- Coast in my district, the Two Rock also maintains a readiness to operate tleman from Florida (Mr. GOSS), and Coast Guard Training Center. as a specialized service with the Navy the gentleman from Alabama (Mr. CAL- We know firsthand what good neigh- upon the declaration of war, whenever LAHAN) for their support on this legis- bors Two Rock Coast Guard training the President directs. And we do not lation. center is, how much they participate in have to wait for a declaration of war. Mr. Speaker, we have all heard the our community, what wonderful neigh- We know that there are very often ille- history of the Coast Guard and what it bors they are, and what an important gal immigrants that go on tramp is all about and why we are here. But I role they play in protecting our coun- steamers, go on a number of vessels. want to just bring a little bit more of try and making sure that people are Mr. Speaker, recently in the Carib- a personal note to it. A few years ago, safe and saved when they have acci- bean I was on a Coast Guard cutter my family and I were enjoying a nice dents out in the waters. that was directed to intervene in any summer day out in the Boston Harbor Mr. Speaker, through my time in this vessel that they thought there were il- and we had the misfortune of stum- Congress, I have supported the efforts legal immigrants. In one incident, bling across an inebriated recreational to modernize and maintain this impor- tant Two Rock Training Center. We there was a, what we might call a boater. In his disoriented state, he did have received strong community sup- tramp steamer, a merchant marine not have the slightest idea what he was port in doing that because my commu- fishing vessel from an Asian country doing and he proceeded to ram the boat nity is proud that these Coasties live in filled with over 50 illegal, hostile immi- that contained my wife, my child, my our community, work in our commu- grants. A small group of Coast Guard brother-in-law and his wife, several nity, and participate in our community people, led by an officer who was a pro- times. and serve our Nation so well. fessional young woman, boarded that Mr. Speaker, if it were not for the I am proud that we are taking the tramp steamer, arrested those illegal Coast Guard, I have no doubt that my time tonight to thank all of the mem- immigrants without incident, and as- family would have suffered serious in- bers of the Coast Guard who have con- sured that they were taken into cus- jury. And if it were not for the Coast tinued to dedicate their lives to mak- tody. Guard’s actions after the incident, I ing our country a safer and cleaner The Coast Guard is a mighty fine know that my family would have suf- place. Let us continue our commitment outfit. And during all the wars that fered more trauma than they deserved. to supporting the Coast Guard. Let us they were involved in, including Viet- They were there when we needed them. say happy birthday on their 210th anni- nam, and I was in Vietnam in the mid- They were there after the incident to versary, and I urge my colleagues to 1960s with the Marine Corps. And I have walk us through the process on how to vote for H. Con. Res. 372. to say that the Marine Corps has a prosecute this individual and what our Mr. OBERSTAR. Mr. Speaker, I yield beautiful hymn. The gentleman from rights and obligations were. They did it 2 minutes to the gentleman from North Carolina said the Coast Guard, with a humane face. Michigan (Mr. STUPAK). their song is a beautiful song, and it is. To me, that is what the Coast Guard Mr. STUPAK. Mr. Speaker, I thank I would give a vote that the most beau- really is. They do a thousand things a the gentleman from Minnesota (Mr. tiful song is the Marine Corps hymn, day that the average American never OBERSTAR) for yielding me this time. but the second most beautiful would be sees. But they do 10,000 things a day Mr. Speaker, I rise today to honor the Coast Guard hymn. But the Coast that every average American, whoever the United States Coast Guard and the Guard served its Nation in Vietnam. steps 1 inch onto the oceans or the in- men and women who serve in this great And sometimes, yes, those young land seas of this country, sees regu- organization. The Coast Guard has a Coasties had barbecues on the back of larly. demanding mission which has evolved those Coast Guard cutters in safe wa- They save us and they protect us far beyond its roots as the Revenue ters. But more often than not, the every day. Every year, they save over Cutter Service when it was created 210 Coast Guard gave up those barbecues 5,000 lives. Every year, they save over a years ago. for dangerous patrols to protect Amer- billion dollars worth of property. Every Today, the Coast Guard responsibil- ican interests and the interests of the year, they are there to ensure our safe- ities cover many critical facets of democratic process. ty and security on the oceans and on American commerce and defense. We Mr. Speaker, I urge my colleagues to the inland lakes. rely on the Coast Guard for maritime support House Concurrent Resolution Mr. Speaker, I rise today to say safety and mobility, law enforcement, 372 to honor the U.S. Coast Guard on ‘‘thank you’’ for my family, for my and interdiction of drugs, environ- its 210th anniversary. constituents, and a happy birthday and mental protection and response, and Mr. Speaker, I reserve the balance of a happy anniversary to the Coast national defense. my time. Guard. It has had 210 years; may they The Coast Guard, as many people do Mr. OBERSTAR. Mr. Speaker, I yield have another 210-plus. not probably recognize, is an esteemed 3 minutes to the gentleman from Mas- Mr. OBERSTAR. Mr. Speaker, I yield leader in modern management tech- sachusetts (Mr. CAPUANO), the author 2 minutes to the gentlewoman from niques. Indeed, they offer an excellent of the legislation. California (Ms. WOOLSEY). management model for other Federal Mr. CAPUANO. Mr. Speaker, I rise (Ms. WOOLSEY asked and was given agencies to follow. today in strong support of House Con- permission to revise and extend her re- Mr. Speaker, in my district which current Resolution 372, and I want to marks.) borders the Great Lakes, there are thank the gentleman from Pennsyl- Ms. WOOLSEY. Mr. Speaker, I rise more than 1,500 miles of coastline in vania (Chairman SHUSTER); the gen- today in strong support of this House my Great Lakes district. I am pleased tleman from Minnesota (Mr. OBER- Concurrent Resolution 372, because I to have more than 500 Coast Guard per- STAR), our ranking member; for bring- too am proud to recognize the 210 years sonnel serving on 14 bases and ships in ing this bill to the floor so quickly so and the 210th anniversary of the United my district, such as the search and res- we can have it done in time. States Coast Guard. cue helicopters in Traverse City or the I would also like to thank the gen- Mr. Speaker, I have to tell my col- Icebreaker Mackinaw docked at Che- tleman from Maryland (Mr. leagues that I have confessed to Admi- boygan, just to name a few.

VerDate 25-JUL-2000 06:13 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.199 pfrm02 PsN: H25PT1 H6900 CONGRESSIONAL RECORD — HOUSE July 25, 2000 The United States Coast Guard is a One of the great privileges I have is I mentioned earlier that the Coast fine progressive organization, Semper representing the Coast Guard Acad- Guard is a very special service. The re- Paratus, always ready, and we have emy. I want to publicly thank them for marks of the gentleman from Con- never needed them more than we do what they have done, their participa- necticut (Mr. GEJDENSON) about chris- today. I join my colleagues in wishing tion in OpSail in New London. No one tening call to mind that my wife, Jean, the Coast Guard happy 210th birthday, was prouder than the people of Eastern had the privilege of christening the and there will be many many more. We Connecticut when we saw in New York William J. Tate, a buoy tender built at rely on them day and night. Harbor before they came to New Lon- the Marinette Marine Shipbuilding Mr. OBERSTAR. Mr. Speaker, I don Harbor, the Eagle, the Coast Guard Company on the Great Lakes. Captain thank the gentleman from Michigan ship, followed by the Amistad, by the William J. Tate was a member of the (Mr. STUPAK) for that splendid state- way, into New York Harbor. U.S. Lighthouse Service and a man of ment and congratulate him on his close Mr. Speaker, I thank the ranking action who is a pioneer in many ways. working relationship with the Coast member for the time, and I urge sup- My wife was truly honored and thrilled Guard over many years. port of the resolution. to have christened the Tate and to be a Mr. Speaker, I yield 2 minutes to the Mr. OBERSTAR. Mr. Speaker, does part in our family of that very special gentleman from Connecticut (Mr. the gentleman from Maryland (Mr. tradition of the U.S. Coast Guard. GEJDENSON), the ranking member of GILCHREST) have his speakers? In 1998, the Coast Guard seized $2.6 the Committee on International Rela- Mr. GILCHREST. Mr. Speaker, we billion in illegal drugs attempting to tions. have no more speakers. enter this country. It is ironic to note Mr. OBERSTAR. Mr. Speaker, I yield b 1930 that, in that year, the Coast Guard’s 1 minute to the gentleman from Ohio operating budget was $2.8 billion. Mr. GEJDENSON. Mr. Speaker, I (Mr. KUCINICH). Every year we get more in our invest- thank the ranking member for yield- Mr. KUCINICH. Mr. Speaker, I want ment back from the U.S. Coast Guard. ing. Let me say, ever since my wife was to thank the gentleman from Min- Finally, it was a very good friend of a sponsor of the Coast Guard ship in nesota (Mr. OBERSTAR), ranking mem- mine who was Commandant of the New London, she took a particular in- ber, and the gentleman from Maryland Ninth Coast Guard District and later terest and responsibility for the Coast (Chairman GILCHREST) for their work Commandant of the U.S. Coast Guard, Guard. on this issue. Admiral Jim Gracey, who said; ‘‘It Several weeks ago, we went to see a The Coast Guard’s ninth district has takes a very special person to wear this new movie that a friend’s wife was a a substantial presence in Cleveland, color blue, and we are all proud to wear producer, and Gail Katz helped produce Ohio; and they serve, of course, the it.’’ We in the Congress are all proud The Perfect Storm. When she came Great Lakes. I want to tell my col- that the men and women of the U.S. away from that movie, my wife was fu- leagues what a great job they do in our Coast Guard day in and day out wear rious that the people in the Coast area providing for safety as well as for that color blue and serve our Nation so Guard were asked to take such risks in the movement of commerce, particu- well. such dangerous conditions, particu- larly during bad weather. When it is Mr. GILCHREST. Mr. Speaker, I larly they she thought sometimes when snowing, the icebreaker has become yield myself such time as I may con- people did not use the best of judg- legendary for helping to keep the com- sume. ment. merce of the lake moving. Mr. Speaker, just to reiterate what So when we were at OpSail and had We rely on our Coast Guard in the the gentleman from Minnesota (Mr. the privilege to be with the Coast greater Cleveland area, and all of Lake OBERSTAR) said, we are also collec- Guard, head of the Coast Guard Acad- Erie is so grateful, all the cities along tively, as a body, proud of the Coast emy, which is in New London, Con- that lake were so grateful to have a Guard blue. I say to the gentleman necticut, she expressed her concern. I Coast Guard which pays such careful from Minnesota (Mr. OBERSTAR), my think she was taken aback to a degree attention to safety on the lake which daughter, when she was 15, some years with the calmness that the head of the has, in so many cases, saved people’s ago christened a class of buoy tender Coast Guard Academy responded by lives and which enforces the laws called the Busal with a bottle of cham- simply accepting the responsibility, no which need to be enforced on our wa- pagne, and she smacked it and broke it matter what the decisions of the terways. on the first try. She was a little wor- yachtsmen or others that are out there I want to join in the effort here to sa- ried about it, but she went and did it. that have put American Coast Guard lute the Coast Guard and to let the So I understand the sense of pride that personnel at risk, they are ready to Coast Guard know in that area how his family has in taking part of that take that responsibility. proud we are of the work that they do. celebration. We in this Congress have put tremen- They are such an important part of So, Mr. Speaker, we wish the Coast dous burdens on them with drug fight- this country. Guard Semper Paratus and happy ing, with controlling the flow of ships. Mr. OBERSTAR. Mr. Speaker, I yield birthday. A country cannot go to war when nec- myself such time as I may consume to Mr. THOMPSON of California. Mr. Speaker, essary without the Coast Guard oper- make some concluding remarks. on this, the occasion of the 210th anniversary ating in the ports of our Nation. Mr. Speaker, another reason we, on of the United States Coast Guard, it is fitting We need to make sure we do more the Great Lakes, have to celebrate this to acknowledge the outstanding contributions than just commend them. We need to 210th anniversary of the Coast Guard is made to the residents of California's First Con- make sure they have the resources to that, at long last, the Congress not gressional District by Coast Guard Group have the very best equipment and the only has, through our committee, pro- Humboldt Bay. The sacrifices made over the best pay for the people who take these vided the authorization but through years by these dedicated men and women are risks to really help America in all the appropriation process provided the worthy of appreciation and recognition. times. funding to build the first new replace- The Humboldt Bay Group has a long history All our branches of the service are ment icebreaker for the Mackinaw, on California's North Coast. As early as 1854, tremendously important to the coun- which has kept the lanes open, the D.M. Pearce was appointed the first Keeper of try, but the Coast Guard is there every shipping lanes in the winter months Humboldt Harbor. In 1856, the Battery Point day of the year, every week of the year. and in the early spring months to move Lighthouse became the first lighthouse on the Whether there is war or peace, they are the iron ore down lake and coal down North Coast, aiding sailors along what is one out there taking risks. Whether it is lake as well as limestone and gravel of the stormiest coastlines in the nation. At the for a pleasure boater who has found and rock upstream. height of maritime travel, six lighthouses oper- themselves in difficult conditions, a We desperately need a new ice- ated along this stretch of coastline. commercial fisherman who may be breaker. The Coast Guard is now in the Coast Guard Air Station Humboldt Bay was caught with bad equipment or a storm, process of design and build. We are commissioned on June 24, 1977 as Air Station interdicting drugs, protecting our very grateful to see a replacement Arcata and redesignated Air Station Humboldt shores, the Coast Guard takes tremen- coming for the venerable Mackinaw Bay in May 1982. Its commissioning com- dous risks. that has provided such stellar service. pleted a long process begun by local residents

VerDate 25-JUL-2000 06:13 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00122 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.201 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6901 and fishermen wanting a year-round aviation the current framework for the Coast Guard's tension of manpower and the drain on re- Search and Rescue (SAR) facility for Northern Marine Environmental Protection program is sources within our military. Without a doubt, California. The Station is also home to modern the Federal Water Pollution Control Act of these discussions equally apply to the dedi- Lighthouse Keepers, who maintain navigation 1972. cated men and women of the Coast Guard. aids and lighthouses from Crescent City to In 1973, the Coast Guard created a National To sum up the U.S. Coast Guard's con- Point Arena. Strike Force to combat oil spills. There are cerns, an increased level of activity in mari- Group Humboldt Bay's area of responsibility three teams, a Pacific unit based near San time safety, Exclusive Economic Zone moni- extends from the Mendocino/Sonoma County Francisco, a Gulf team at Mobile, Alabama, toring, and illegal immigration apprehension on line north to the California/Oregon border. Six and an Atlantic Strike team stationed in Eliza- Guam are collectively creating tremendous units under the Groups' command patrol more beth City, North Carolina. Since the creation of operational burdens on the beleaguered men than 250 miles of rugged, sparsely populated the force, the teams have been deployed and women of the Coast Guard. Coupled with coastline. In carrying out its missions, Group worldwide to hundreds of potential and actual very real concerns over modernization and Humboldt Bay's personnel operate 24 hours a spill sites, bringing with them a vast array of procurement, the U.S. Coast Guard is being day, seven days a week, 365 days a year. sophisticated equipment. forced to do more with lessÐthe less, of They are ready to respond at a moment's no- The 200-mile zone created by the Fishery course, being older and inadequate equip- tice to ocean emergencies, and they remain Conservation and Management Act of 1976 mentÐin order to complete their mission re- constantly vigilant in the fight against drug quadrupled the offshore fishing area controlled quirements. smuggling, illegal fishing, and illegal migration. by the United States. The Coast Guard has The Commandant of the Coast Guard, Ad- It is an honor today, as the nation com- the responsibility of enforcing this law. miral James M. Loy is truly to be commended memorates the 210th anniversary of the Coast The Coast Guard additionally has the major for his leadership and dedication to the men Guard, to recognize and commend these dedi- responsibility for conducting and coordinating and women of the Coast Guard. Admiral Loy cated men and women who selflessly serve Search and Rescue operations and licensing also needs to be praised for his vision in and protect. and regulating safety and commercial boating stewarding the Deepwater Project and explain- Semper Paratus! rules. This enormous task is performed day in ing the vital importance of this modernization Mr. UNDERWOOD. Mr. Speaker, I rise and day out by the dedicated men and women effort to both Congress and the Administration. today in emphatic support of H. Con. Res. of the Coast Guard. To be sure, Congress and the Administration 372. I want to thank my colleagues who As you may be able to tell, the Coast Guard need to seriously review their national security helped make this resolution possible: My fel- performs a complex but necessary array of priorities to find some additional resources for low co-sponsor Congressman MIKE CAUPUANO missions that effect the very life blood of this our beleaguered Coast Guard and relieve the as well as Congressmen SHUSTER and nation in the areas of national defense, com- high level of OPSTEMPO faced by these men GILCHREST from the Transportation Committee, merce, the environment, and lifesaving. and women. We are all very proud of the in- and the House Leadership for bringing this to Mr. Speaker, I would like to particularly credible work that the men and women of the the floor in expedited fashion. highlight one essential mission that the Coast Coast Guard do every day. With that Mr. As a proud member of the Congressional Guard is performing right now in America's Speaker, I urge swift and overwhelming pas- Coast Guard Caucus, I am in awe of the U.S. westernmost frontierÐmy home district on the sage of this resolution. Coast Guard and all the hard work that each island of Guam. During the past several years, Mr. DEFAZIO. Mr. Speaker, I rise in and every member selflessly gives each day Guam has experienced a significant influx of strong support of House Concurrent to our nation. The United States Coast Guard Chinese illegal immigrants. Chinese crime Resolution 372, recognizing the 210th is this nation's oldest and its premier maritime syndicates organize boatloads of indigent Chi- anniversary of the United States Coast agency. Indeed, this year we will celebrate the nese citizens to illegally enter the United Guard. 210th anniversary of the creation of this Au- States for an exorbitant fee of $8,000±$10,000 Mr. Speaker, the U.S. Coast Guard is gust service. per person. After undergoing an arduous jour- the premier maritime safety agency in The history of the Service is historic and ney under fetid, unsanitary conditions, the Chi- the world. Its broad array of missions multifaceted. It is the amalgamation of five nese reach Guam dehydrated, hungry, dis- protect our coastlines and our commu- Federal agenciesÐthe Revenue Cutter Serv- ease-ridden and sometimes beaten. Upon ar- nities. These missions include inspect- ice, the Lighthouse Service, the Steamboat In- rival, the smuggled Chinese become inden- ing commercial vessels for compliance spection Service, the Bureau of Navigation, tured servants as they attempt to pay their with all safety requirements; search and the Lifesaving Service, which were origi- passage to America. and rescue; oil pollution prevention nally independent agencies with overlapping Guam's geographic proximity and asylum and response; maintaining all of the authorities. They sometimes received new acceptance regulations make it a prime target Federal aids-to-navigation on our navi- names, and they were all finally united under for Chinese crime syndicates. According to the gable waterways; icebreaking in the the umbrella of the Coast Guard. The multiple INS in 1998 about 900 illegal Chinese immi- Arctic, Antarctic, and domestic water- missions and responsibilities of the modern grants were apprehended by the Coast Guard, ways; drug and migrant interdiction; Service are directly tied to this diverse herit- INS and local Guam officials. In 1999, approxi- and enforcing the fisheries laws in our age and the magnificent achievements of all of mately 700 had been apprehended and this 200 mile Exclusive Economic Zone. these agencies. year alone approximately 400 have been ap- For 210 years, the Coast Guard has The Coast Guard, through its previous prehended. The Coast Guard remains stand- defended our Nation in wars and armed agencies, is the oldest continuous seagoing ing by as we speak, ever vigilant in their ef- conflicts—whether protecting our ships service and has fought in almost every war forts to mitigate the influx of illegal migrants to from pirates in the 1800’s to landing on since the Constitution became the law of the Guam. the beaches of Normandy on D–Day. land in 1789. The Coast Guard has tradition- Mr. Speaker, Chinese crime syndicates The men and women of the Coast ally performed two roles in wartime. The first have exploited Immigration and Nationality Act Guard have driven their ships and air- has been to augment the Navy with men and (INA) asylum regulations. Because Guam, craft through hurricanes to save mari- cutters. The second has been to undertake through INA directives, has to accept asylum ners in distress, and directed the clean- special missions, for which peacetime experi- applications, Guam becomes a cheap and at- up efforts of the disasters involving the ences have prepared the Service with unique tractive location for shipment of smuggled Chi- Exxon Valdez and New Carissa. skills. Today the Coast Guard is engaged on nese. The people of the United States owe many open sea patrols in the war on drugs The Marianas section of the Coast Guard, a debt of gratitude to the men and throughout the vast oceans and seas of the stationed out in Guam has been tasked to women of the Coast Guard. While most world. interdict, when possible, these wretched Chi- Americans sleep soundly in their beds, The Coast Guard has been dedicated to nese vessels that are transporting these illegal the members of the Coast Guard are protecting the environment for over 150 years. migrants. The local command, which is cur- risking their lives to save ours. The In 1822 the Congress created a timber re- rently undermanned and over extended, is Coast Guard conducts over 65,000 serve for the Navy and authorized the Presi- doing the impossible under such cir- search and rescue missions annually, dent to use whatever forces necessary to pre- cumstances. saving more than 5,000 lives, and $1.4 vent the cutting of live-oak on public lands. In recent months there has been much dis- billion in property. Therefore, it is en- The shallow-draft cutters were well-suited to cussion the high level of OPSTEMPO and tirely appropriate for the Congress of this service and were used extensively. Today, PERSTEMPO to describe the state of over-ex- the United States, as representatives of

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.104 pfrm02 PsN: H25PT1 H6902 CONGRESSIONAL RECORD — HOUSE July 25, 2000 the people, to express our gratitude to Sec. 1107. Cibacron Red LS–B HC. Sec. 1188. Certain taed chemicals. the Coast Guard by passage of House Sec. 1108. Cibacron Brilliant Blue FN–G. Sec. 1189. Isobornyl acetate. Concurrent Resolution 372. Sec. 1109. Cibacron Scarlet LS–2G HC. Sec. 1190. Solvent Blue 124. Therefore, Mr. Speaker, I urge my Sec. 1110. MUB 738 INT. Sec. 1191. Solvent Blue 104. Sec. 1111. Fenbuconazole. Sec. 1192. Pro-jet magenta 364 stage. colleagues to strongly support passage Sec. 1112. 2,6-dichlorotoluene. Sec. 1193. Benzenesulfonamide,4-amino-2,5- of House Concurrent Resolution 372, Sec. 1113. 3-amino-3-methyl-1-pentyne. dimethoxy-n-phenyl. commemorating the 210th anniversary Sec. 1114. Triazamate. Sec. 1194. Undecylenic acid. of the establishment of the United Sec. 1115. Methoxyfenozide. Sec. 1195. 2-methyl-4-chlorophenoxyacetic States Coast Guard. Sec. 1116. 1-fluoro-2-nitro benzene. acid. Mr. GILCHREST. Mr. Speaker, I Sec. 1117. PHBA. Sec. 1196. Iminodisuccinate. yield back the balance of my time. Sec. 1118. THQ (toluhydroquinone). Sec. 1197. Iminodisuccinate salts and aque- The SPEAKER pro tempore (Mr. Sec. 1119. Certain chemical compounds. ous solutions. Sec. 1120. Certain compound optical micro- Sec. 1198. Poly (vinylchloride) (PVC) self-ad- HUTCHINSON). The question is on the scopes. hesive sheets. motion offered by the gentleman from Sec. 1121. Certain cathode-ray tubes. Sec. 1199. BEPD 2-butyl-2-ethylpropanediol. Maryland (Mr. GILCHREST) that the Sec. 1122. Other cathode-ray tubes. Sec. 1200. Cyclohexade-8-en-1-one. House suspend the rules and agree to Sec. 1123. Certain categories of raw cotton. Sec. 1201. A paint additive chemical. the concurrent resolution, H. Con. Res. Sec. 1124. Rhinovirus drugs. Sec. 1202. Ortho-cumyl-octylphenol (OCOP). 372. Sec. 1125. Butralin. Sec. 1203. Certain polyamides. The question was taken. Sec. 1126. Branched dodecylbenzene. Sec. 1204. Mesamoll. Mr. GILCHREST. Mr. Speaker, on Sec. 1127. A certain fluorinated compound. Sec. 1205. Vulkalent E/C. Sec. 1128. A certain light absorbing photo Sec. 1206. Baytron M. that I demand the yeas and nays. dye. Sec. 1207. Baytron C–R. The yeas and nays were ordered. Sec. 1129. Filter blue green photo dye. Sec. 1208. Baytron P. The SPEAKER pro tempore. Pursu- Sec. 1130. Certain light absorbing photo Sec. 1209. Dimethyl dicarbonate. ant to clause 8 of rule XX and the dyes. Sec. 1210. KN001 (a hydrochloride). Chair’s prior announcement, further Sec. 1131. 4,4′-difluorobenzophenone. Sec. 1211. Methyl thioglycolate. proceedings on this motion will be Sec. 1132. A certain fluorinated compound. Sec. 1212. KL540. postponed. Sec. 1133. DiTMP. Sec. 1213. DPC 083. Sec. 1134. EBP. Sec. 1214. DPC 961. f Sec. 1135. HPA. Sec. 1215. Sodium petroleum sulfonate. GENERAL LEAVE Sec. 1136. APE. Sec. 1216. Pro-Jet Cyan 1 Press Paste. Sec. 1137. TMPDE. Sec. 1217. Pro-Jet Black Alc Powder. Mr. GILCHREST. Mr. Speaker, I ask Sec. 1138. TMPME. Sec. 1218. Pro-Jet Fast Yellow 2 RO Feed. unanimous consent that all Members Sec. 1139. Tungsten concentrates. Sec. 1219. Solvent Yellow 145. may have 5 legislative days within Sec. 1140. 2 chloro amino toluene. Sec. 1220. Pro-Jet Fast Magenta 2 RO Feed. which to revise and extend their re- Sec. 1141. Certain ion-exchange resin. Sec. 1221. Pro-Jet Fast Cyan 2 Stage. marks on H. Con. Res. 372. Sec. 1142. 11-aminoundecanoic acid. Sec. 1222. Pro-Jet Cyan 485 Stage. The SPEAKER pro tempore. Is there Sec. 1143. Dimethoxy butanone (dmb). Sec. 1223. Triflusulfuron methyl formulated objection to the request of the gen- Sec. 1144. Dichloro aniline (dca). product. Sec. 1145. Diphenyl sulfide. Sec. 1224. Pro-Jet Fast Cyan 3 Stage. tleman from Maryland? Sec. 1146. Trifluralin. Sec. 1225. Pro-Jet Cyan 1 RO Feed. There was no objection. Sec. 1147. Diethyl imidazolidinnone (dmi). Sec. 1226. Pro-Jet Fast Black 287 NA Paste/ f Sec. 1148. Ethalfluralin. Liquid Feed. Sec. 1227. 4-(Cyclopropyl-α-hydroxy-meth- MISCELLANEOUS TRADE AND Sec. 1149. Benfluralin. Sec. 1150. 3-amino-5-mercapto-1,2,4–triazole ylene)-3,5-dioxo- TECHNICAL CORRECTIONS ACT (amt). cyclohexanecarboxylic acid OF 2000 Sec. 1151. Diethyl phosphorochoridothiate ethyl ester. Mr. CRANE. Mr. Speaker, I move to (depct). Sec. 1228. 4’-epimethylamino-4’- suspend the rules and pass the bill Sec. 1152. Refined quinoline. deoxyavermectin b1a and b1b benozates. (H.R. 4868) to amend the Harmonized Sec. 1153. DMDS. Sec. 1154. Vision inspection systems. Sec. 1229. Formulations containing 2-[4-[(5- Tariff Schedule of the United States to Sec. 1155. Anode presses. chloro-3-fluoro-2- modify temporarily certain rates of Sec. 1156. Trim and form. pyridinyl)oxy]-phenoxy]-2- duty, to make other technical amend- Sec. 1157. Certain assembly machines. propynyl ester. ments to the trade laws, and for other Sec. 1158. Thionyl chloride. Sec. 1230. Certain end-use products con- purposes, as amended. Sec. 1159. Benzyl carbazate (dt–291). taining benzenesulfonamide, 2- The Clerk read as follows: Sec. 1160. Tralkoxydim formulated (2-chloro- ethoxy)n-[[4methoxy- (‘‘achieve’’). 6-methyl-1,3,5-triazin-2- H.R. 4868 Sec. 1161. KN002. yl)amino]carbonyl]- and 3,6- Be it enacted by the Senate and House of Rep- Sec. 1162. KL084. dichloro-2-methoxybenzoic resentatives of the United States of America in Sec. 1163. IN–N5297. acid. Congress assembled, Sec. 1164. Azoxystrobin formulated. Sec. 1231. Methyl (e, e)-a-(methoxyimino)-2- SECTION 1. SHORT TITLE. Sec. 1165. Fungaflor 500 EC. [[[[1- [3- (trifluoromethyl) This Act may be cited as the ‘‘Miscella- Sec. 1166. NORBLOC 7966. phenyl] ethylidene] oxy] meth- neous Trade and Technical Corrections Act Sec. 1167. IMAZALIL. yl] benzeneacetate. of 2000’’. Sec. 1168. 1,5- dichloroanthraquinone. Sec. 1232. Formulations containing sulfur. SEC. 2. TABLE OF CONTENTS. Sec. 1169. Ultraviolet dye. Sec. 1233. Formulations containing 3-(6- The table of contents of this Act is as fol- Sec. 1170. Vinclozolin. methoxy-4-methyl-1,3,5-triazin- lows: Sec. 1171. Tepraloxydim. 2-yl)-1-[2-(2-chloro-ethoxy)- Sec. 1. Short title. Sec. 1172. Pyridaben. phenylsulfonyl]-urea. Sec. 2. Table of contents. Sec. 1173. 2-acetylnicotinic acid. Sec. 1234. Formulations containing 4- Sec. 1174. SAMe. TITLE I—TARIFF PROVISIONS cyclopropyl-6-methyl-n-phenyl- Sec. 1175. Procion Crimson H-EXL. 2-pyrimidinamine-4-(2,2- Sec. 1001. Reference. Sec. 1176. Dispersol Crimson SF Grains. difluoro-1,3-benzodioxol-4-yl)- Subtitle A—Temporary Duty Suspensions Sec. 1177. Procion Navy H-EXL. 1H-pyrrole-3-carbonitrile. and Reductions Sec. 1178. Procion Yellow H-EXL. Sec. 1235. (r)-2-[2,6-dimethylphenyl)- CHAPTER 1—NEW DUTY SUSPENSIONS AND Sec. 1179. Ortho-phenyl phenol (‘‘OPP’’). methoxyacetyl-amino]-propi- REDUCTIONS Sec. 1180. 2-methoxypropene. onic acid methyl ester. Sec. 1101. HIV/AIDS drugs. Sec. 1181. 3,5-difluroaniline. Sec. 1236. Formulations containing Sec. 1102. HIV/AIDS drugs. Sec. 1182. Quinclorac. benzothialdiazole-7-carbothioic Sec. 1103. Triacetoneamine. Sec. 1183. Dispersol Black XF Grains. acid S-methyl ester. Sec. 1104. Instant print film in rolls. Sec. 1184. Fluroxypyr 1-methylheptyl ester Sec. 1237. Benzothialdiazole-7-carbothioic Sec. 1105. Color instant print film. (FME). acid S-methyl ester. Sec. 1106. Mixtures of sennosides and mix- Sec. 1185. Solsperse 17260. Sec. 1238. O-(4-bromo-2-chlorophenyl)-o- tures of sennosides and their Sec. 1186. Solsperse 17000. ethyl-s-propyl salts. Sec. 1187. Solsperse 5000. phosphorothioate.

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Sec. 1239. 1-[[2-(2,4-dichlorophenyl)-4-propyl- CHAPTER 2—SPECIAL CLASSIFICATION RELAT- Sec. 1439. Exemption from import prohibi- 1,3-dioxolan-2-yl] methyl]-1H- ING TO PRODUCT DEVELOPMENT AND TESTING tion. 1,2,4-triazole. Sec. 1411. Short title. Sec. 1440. Cargo inspection. Sec. 1240. Tetrahydro-3-methyl-n-nitro-5[[2- Sec. 1412. Findings; purpose. Sec. 1441. Treatment of certain multiple en- phenylthio)-5-thiazolyl]-4-h- Sec. 1413. Amendments to Harmonized Tariff tries of merchandise as single 1,3,5-oxadiazin-4-imine. Schedule of the United States. entry. Sec. 1414. Entry procedures. Sec. 1241. 1-(4-methoxy-6-methyl-triazin-2- Sec. 1442. Report on Customs procedures. yl)-3-[2-(3,3,3-trifluoropropyl)- Sec. 1415. Effective date. phenylsulfonyl]-urea. CHAPTER 3—PROHIBITION ON IMPORTATION OF Subtitle C—Effective Date Sec. 1242. 1,2,4-triazin-3(2H)one, 4,5-dihydro- PRODUCTS MADE WITH DOG OR CAT FUR Sec. 1451. Effective date. 6-methyl-4-[(3-pyridinyl meth- Sec. 1421. Short title. ylene)amino]. Sec. 1422. Findings and purposes. TITLE II—OTHER TRADE PROVISIONS Sec. 1243. 4-(2,2-difluoro-1,3-benzodioxol-4- Sec. 1423. Prohibition on importation of Sec. 2001. Trade adjustment assistance for yl)-1H-pyrrole-3-carbonitrile. products made with dog or cat certain workers affected by en- Sec. 1244. Nicosulfuron formulated product fur. vironmental remediation or (‘‘accent’’). CHAPTER 4—MISCELLANEOUS PROVISIONS closure of a copper mining fa- Sec. 1245. Fipronil technical. Sec. 1431. Alternative mid-point interest ac- cility. Sec. 1246. Monochrome glass envelopes. counting methodology for un- TITLE I—TARIFF PROVISIONS Sec. 1247. Ceramic coater. derpayment of duties and fees. Sec. 1248. Pro-jet black 263 stage. Sec. 1432. Exception from making report of SEC. 1001. REFERENCE. Sec. 1249. Pro-jet fast black 286 paste. arrival and formal entry for Except as otherwise expressly provided, Sec. 1250. Certain steam or other vapor gen- certain vessels. whenever in this title an amendment or re- erating boilers used in nuclear Sec. 1433. Designation of San Antonio Inter- peal is expressed in terms of an amendment facilities. national Airport for customs to, or repeal of, a chapter, subchapter, note, processing of certain private CHAPTER 2—EXISTING DUTY SUSPENSIONS AND additional U.S. note, heading, subheading, or aircraft arriving in the United REDUCTIONS other provision, the reference shall be con- States. sidered to be made to a chapter, subchapter, Sec. 1301. Extension of certain existing duty Sec. 1434. International travel merchandise. note, additional U.S. note, heading, sub- suspensions and reductions. Sec. 1435. Change in rate of duty of goods re- heading, or other provision of the Har- Sec. 1302. Extension of, and other modifica- turned to the United States by monized Tariff Schedule of the United States tions to, existing duty reduc- travelers. (19 U.S.C. 3007). tions. Sec. 1436. Treatment of personal effects of Subtitle B—Other Tariff Provisions participants in international Subtitle A—Temporary Duty Suspensions and athletic events. Reductions CHAPTER 1—LIQUIDATION OR RELIQUIDATION Sec. 1437. Collection of fees for Customs OF CERTAIN ENTRIES CHAPTER 1—NEW DUTY SUSPENSIONS services for arrival of certain AND REDUCTIONS Sec. 1401. Certain telephone systems. ferries. Sec. 1402. Color television receiver entries. Sec. 1438. Establishment of drawback based SEC. 1101. HIV/AIDS DRUGS. Sec. 1403. Copper and brass sheet and strip. on commercial interchange- Subchapter II of chapter 99 is amended by Sec. 1404. Antifriction bearings. ability for certain rubber vul- inserting in numerical sequence the fol- Sec. 1405. Other antifriction bearings. canization accelerators. lowing new heading:

‘‘ 9902.32.98 [4R- [3(2S*,3S*), 4R*]]-3-[2-Hydroxy-3-[(3-hydroxy-2-methyl ben- zoyl)amino]-1-oxo-4-phenylbutyl]-5,5-dimethyl-N-[(2- methylphenyl)methyl]-4-thiazolidine-carboxamide (CAS No. 186538–00–1) (provided for in subheading 2930.90.90) ...... Free No change No change On or before 12/31/2003 ’’.

SEC. 1102. HIV/AIDS DRUGS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.99 5-[(3,5-Dichlorophenyl)-thio]-4-(1-methylethyl)-1-(4- pyridinylmethyl)-1H-imidazole-2-methanol carbamate (CAS No. 178979–85–6) (provided for in subheading 2933.39.61) ...... Free No change No change On or before 12/31/2003 ’’.

SEC. 1103. TRIACETONEAMINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.80 2,2,6,6- Tetramethyl-4-piperidinone 2,2,6,6 (CAS No. 826–36–8) (provided for in subheading 2933.39.61) ...... Free Free No change On or be- fore 12/ ’’. 31/2003

SEC. 1104. INSTANT PRINT FILM IN ROLLS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.37.02 Instant print film in rolls (provided for in subheading 3702.20.00) ...... Free No change No change On or be- fore 12/ ’’. 31/2003

SEC. 1105. COLOR INSTANT PRINT FILM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.37.01 Instant print film of a kind used for color photography (provided for in subheading 3701.20.00) ...... 2.8% No change No change On or be- fore 12/ ’’. 31/2003

SEC. 1106. MIXTURES OF SENNOSIDES AND MIXTURES OF SENNOSIDES AND THEIR SALTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.75 Mixtures of sennosides and mixtures of sennosides and their salts (provided for in subheading 2938.90.00) ...... Free No change No change On or before 12/31/2003 ’’.

SEC. 1107. CIBACRON RED LS–B HC. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.32.04 Reactive red 270 (CAS No. 155522–05–7) (provided for in subheading 3204.16.30) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1108. CIBACRON BRILLIANT BLUE FN–G. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.88 6,13-Dichloro-3,10-bis[[2-[[4-fluoro-6-[(2-sulfonyl)amino]-1,3,5-triazin-2- yl]amino]propyl]-amino]4,11-triphenodioxazine-disulfonic acid, lithium sodium salt (CAS No. 163062–28–0) (provided for in subheading 3204.16.30) Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1109. CIBACRON SCARLET LS–2G HC. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.86 Reactive re 268 (CAS No. 152397–21–2) (provided for in subheading 3204.16.30) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1110. MUB 738 INT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.91 2-Amino-4(4-aminobenzoylamino)-benzenesulfonic Acid (CAS No. 167614– 37–1) (provided for in subheading 2924.29.70) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1111. FENBUCONAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.87 α-(2-(4-Chlorophenyl)-ethyl)-α-phenyl-1H-1,2,4-triazole-1-propanenitrile (Fenbuconazole) (CAS No. 114369–43–6) (provided for in subheading 2933.90.06) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1112. 2,6-DICHLOROTOLUENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.82 2,6-Dichlorotoluene (CAS No. 118–69–4) (provided for in subheading 2903.69.70) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1113. 3-AMINO-3-METHYL-1-PENTYNE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.84 3-Amino-3-methyl-1-pentyne (CAS No. 1869–96–5) (provided for in sub- heading 2921.19.60) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1114. TRIAZAMATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.89 Acetic acid, [[1-[(dimethylamino)carbonyl]-3-(1,1-dimethylethyl)-1H- 1,2,4-triazol-5-yl]thio]-, ethyl ester (CAS No. 112143–82–5) (provided for in subheading 2933.90.17) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1115. METHOXYFENOZIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.93 Benzoic acid, 3-methoxy-2-methyl-,2-(3,5-dimethyl-benzoyl)-2-(1,1-di- methyl-ethyl)hydrazide (CAS No. 161050–58–4) (provided for in sub- heading 2928.00.25) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1116. 1-FLUORO-2-NITRO BENZENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.04 1-Fluoro-2-nitro-benzene (CAS No. 001493–27–2) (provided for in subheading 2904.90.30) ...... Free Free No change On or before 12/31/2003 ’’. SEC. 1117. PHBA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.03 p-Hydroxy-benzoic acid (CAS No. 99–96–7) (provided for in sub- heading 2918.29.22) ...... Free Free No change On or before 12/31/2003 ’’. SEC. 1118. THQ (TOLUHYDROQUINONE). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.05 Toluhydroquinone, (CAS No. 95–71–6) (provided for in sub- heading 2907.29.90) ...... Free Free No change On or before 12/31/2003 ’’. SEC. 1119. CERTAIN CHEMICAL COMPOUNDS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.19.80 2,4-Dicumylphenol (CAS No. 2772–45–4) (provided for in sub- heading 2907.19.20 or 2907–19–80) ...... Free No change No change On or before 12/31/2003 ’’.

SEC. 1120. CERTAIN COMPOUND OPTICAL MICROSCOPES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.98.07 Compound optical microscopes: whether or not stereoscopic and whether or not provided with a means for photographing the image; especially designed for semiconductor inspection; with full encapsulation of all moving parts above the stage; meet- ing ‘‘cleanroom class 1’’ criteria; having a horizontal distance between the optical axis and C-shape microscope stand of 8′′ or more; and fitted with special microscope stages having a lateral movement range of 6′′ or more in each direction and containing special sample holders for semiconductor wafers, devices, and masks (provided for in heading 9011.20.80) ...... Free No Change No change On or before 12/31/2003 ’’.

SEC. 1121. CERTAIN CATHODE-RAY TUBES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.85.42 Cathode-ray data/graphic display tubes, color, with a less than 90 degree deflection (provided for in subheading 8540.60.00) ...... Free No change No change On or before 12/31/2003 ’’.

SEC. 1122. OTHER CATHODE-RAY TUBES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.85.41 Cathode-ray data/graphic display tubes, color, with a phosphor dot screen pitch smaller than 0.4 mm, and with a less than 90 degree de- flection (provided for in subheading 8540.40.00) ...... 1% No change No change On or be- fore 12/ ’’. 31/2003

SEC. 1123. CERTAIN CATEGORIES OF RAW COTTON. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:

‘‘ 9902.52.01 Cotton, not carded or combed, having a staple length under 31.75 mm (11⁄4 inches), described in general note 15 of the tar- iff schedule and entered pursuant to its provisions (provided for in subheading 5201.00.22) ...... Free No change No change 12/31/2003 9902.52.03 Cotton, not carded or combed, having a staple length under 31.75 mm (11⁄4 inches), described in additional U.S. note 7 of chapter 52 and entered pursuant to its provisions (provided for in subheading 5201.00.34) ...... Free No change No change 12/31/2003 ’’.

SEC. 1124. RHINOVIRUS DRUGS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.97 (2E, 4S)-4(((2R,5S)-2-((4-Fluorophenyl)-methyl)-6-methyl-5-(((5- methyl-3-isoxazolyl)-carbonyly)amino)-1,4-dioxoheptyl)- amino)-5-((3S)-2-oxo-3-pyrrolidinyl)-2-pentenoic acid, ethyl ester (CAS No. 223537–30–2) (provided for in subheading 2934.90.39) ...... Free No change No change On or before 12/31/2003 ’’.

SEC. 1125. BUTRALIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.00 N-sec-Butyl-4-tert-butyl-2,6-dinitroaniline (CAS No. 33629–47–9) or preparations thereof (provided for in subheading 2921.42.90 or 3808.31.15) ...... Free Free No change On or before 12/31/2003 ’’.

SEC. 1126. BRANCHED DODECYLBENZENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.01 Branched dodecylbenzenes (CAS No. 123–01–3) (provided for in subheading 2902.90.30) ...... Free Free No change On or before 12/31/2003 ’’.

SEC. 1127. A CERTAIN FLUORINATED COMPOUND. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.96 (4-Fluorophenyl)-[3-[(4-fluorophenyl) ethynyl-phenyl]methanone (pro- vided for in subheading 2914.70.40) ...... Free No change No change On or be- fore 12/ ’’. 31/2003

SEC. 1128. A CERTAIN LIGHT ABSORBING PHOTO DYE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.55 4-Chloro-3-[4-[4-(dimethylamino)phenyl]methylene-4,5-dihydro-3-methyl- 5-oxo-1H-pyrazol-1-1-yl]benzenesulfonic acid, compound with pyridine (1:1) (CAS No. 160828–81–9) (provided for in subheading 2934.90.90) ...... Free No change No change On or be- fore 12/ ’’. 31/2003

SEC. 1129. FILTER BLUE GREEN PHOTO DYE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.32.62 Iron chloro-5,6-diamino-1,3-naphthalenedisulfonate complexes (CAS No. 85187–44–6) (provided for in subheading 2942.00.10) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1130. CERTAIN LIGHT ABSORBING PHOTO DYES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.34 4-[4-[3-[4-(Dimethylamino)phenyl]-2-propenylidene]-4,5-dihydro-3- methyl-5-oxo-1H-pyrazol-1-yl]-benzenesulfonic acid, compound with N,N-diethylethanamine (1:1) (CAS No. 109940–17–2); 4-[3-[3- Carboxy-5-hydroxy-1-(4-sulfophenyl)-1H-pyrazole-4-yl]-2- propenylidene]-4,5-dihydro-5-oxo-1-(4-sulfophenyl)-1H-pyrazole-3- carboxylic acid, sodium salt, compound with N,N- diethylethanamine (CAS No. 90066–12–9); 4-[4,5-Dihydro-4-[5-hy- droxy-3-methyl-1-(4-sulfophenyl)-1H pyrazol-4-yl]methylene-3- methyl-5-oxo-1H-pyrazol-1-yl]- benzenesulfonic acid, dipotassium salt (CAS No. 94266–02–1); 4-[4-[[4-(Dimethylamino)- phenyl]methylene]-4,5-dihydro-3-methyl-5-oxo-1H-pyrazol-l- yl]benzene-sulfonic acid, potassium salt (CAS No. 27268–31–1); 4,5-Dihydro-5-oxo-4-[(phenylamino)methylene]-1-(4-sulfophenyl)- 1H-pyrazole-3-carboxylic acid, disodium salt; and 4-[5-[3- Carboxy-5-hydroxy-1-(4-sulfophenyl)-1H-pyrazole-4-yl]-2,4- pentadienylidene]-4,5-dihydro-5-oxo-1-(4-sulfophenyl)-1H-pyr- azole-3-carboxylic acid, tetrapotassium salt (CAS No. 134863–74– 4) (all of the foregoing provided for in subheading 2933.19.30) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1131. 4,4′-DIFLUOROBENZOPHENONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.85 Methanone, bis(4-fluorophenyl)- (CAS No. 345–92–6) (provided for in sub- heading 2914.70.40) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1132. A CERTAIN FLUORINATED COMPOUND. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.87 Methanone, (4-fluorophenyl)phenyl-(CAS No. 345–83–5) (provided for in subheading 2914.70.40) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1133. DiTMP. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.10 Di-trimethylolpropane (DiTMP) (CAS No. 23235–61–2 (provided for in sub- heading 2909.49.60) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1134. EBP. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.52 2-Ethyl-2-butyl-1,3-propanediol (CAS No. 115–84–4) (provided for in sub- heading 2905.39.90) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1135. HPA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.09 Hydroxypivalic acid (HPA) (CAS No. 4835–90–9) (provided for in sub- heading 2918.19.90) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1136. APE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.15 Allyl pentaerythritol (CAS No. 1471–18–7) (provided for in subheading 2909.49.60) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1137. TMPDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.58 Trimethylolpropane diallylether (CAS No. 682–09–7) (provided for in sub- heading 2909.49.60) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1138. TMPME. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.59 Trimethylolpropane monoallyl ether (TMPME) (provided for in sub- heading 2909.49.60) ...... Free No change No change On or be- fore 12/ ’’. 31/2003

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‘‘ 9902.26.11 Tungsten concentrates (provided for in subheading 2611.00.60) .... Free No Change No change On or before 12/31/2003 ’’. SEC. 1140. 2 CHLORO AMINO TOLUENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.62 2 Chloro Amino Toluene (CAS No. 95–74–9) (provided for in subheading 2921.43.80) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1141. CERTAIN ION-EXCHANGE RESIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.30 Ion-exchange resin, comprising a copolymer of 2-propenenitrile with diethenylbenzene, ethenylethylbenzene and 1,7-octa- diene, hydrolyzed (CAS No. 130353–60–5) (provided for in sub- heading 3914.00.60) ...... Free No change No change On or before 12/31/2003

‘‘ 9902.39.31 Ion-exchange resin, comprising a copolymer of 2-propenenitrile with 1,2,4-triethenylcyclohexane, hydrolyzed (CAS No. 109961– 42–4) (provided for in subheading 3914.00.60) ...... Free No change No change On or before 12/31/2003

‘‘ 9902.39.32 Ion-exchange resin, comprising a copolymer of 2-propenenitrile with diethenylbenzene, hydrolyzed (CAS No. 135832–76–7) (pro- vided for in subheading 3914.00.60) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1142. 11-AMINOUNDECANOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.49 11-Aminoundecanoic acid (CAS No. 2432–99–7) (provided for in subheading 2922.49.40) ...... 1.6% No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1143. DIMETHOXY BUTANONE (DMB). Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.16 4,4-Dimethoxy-2-butanone (CAS No. 5436–21–5) (provided for in subheading 2914.50.50) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1144. DICHLORO ANILINE (DCA). Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.17 2,6-dichloro aniline (2,6-dichlorobenzenamine) (CAS No. 608–31– 1) (provided for in subheading 2921.42.90) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1145. DIPHENYL SULFIDE. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.06 Diphenyl sulfide (CAS No. 139–66–2) (provided for in sub- heading 2930.90.29) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1146. TRIFLURALIN. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.02 2,6-dinitro-N, N-dipropyl-4-(trifloromethyl) benzenamine; alpha, alpha, alpha,-trifloro-2-6-dinitro-p-toluidine) (CAS No. 1582–09–8) (provided for in subheading 2921.43.15) ...... 5% No change No change On or before 12/31/2003 ’’. SEC. 1147. DIETHYL IMIDAZOLIDINNONE (DMI). Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.26 1,3-Diethyl-2-imidazolidinone (N, N-Dimethylethylene urea) (CAS No.80–73–9) (provided for in subheading 2933.29.90) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1148. ETHALFLURALIN. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.34 N-ehtyl-N-(2methyl-2-propenyl)-2,6-dinitro-4-(trifloromethyl) benzenamine (CAS No. 55283–68–6) (provided for in sub- heading 2921.43.80) ...... 7.9% No change No change On or before 12/31/2003 ’’. SEC. 1149. BENFLURALIN. Subchapter II of chapter 99 is amended by striking heading 9902.29.59 and by inserting the following new heading:

‘‘ 9902.29.59 Benfluralin, N-but-N-ethyl-2,6- dinitro-4- (tri-fluoromethyl benzenamine; N-butyl-N-ethyl-alpha, alpha, alpha trifluoro- 2-6-dinitro-p-toluidine (CAS No. 5436–2–5, 1861–40–1) (as pro- vided for in subheading 2921.43.80), 12.6 percent ad valorem ... Free No change No change On or before 12/31/2003 ’’.

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‘‘ 9902.29.08 3-amino-5-mercapto-1,2,4-triazole (CAS No. 16691–43–3) (pro- vided for in subheading 2933.90.97) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1151. DIETHYL PHOSPHOROCHORIDOTHIATE (DEPCT). Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.58 O,O-Diethyl phosphorochoridothiate (CAS No. 2524–04–1) (pro- vided for in subheading 2920.10.50) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1152. REFINED QUINOLINE. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.61 refined quinoline (1-benzazine; benzo(b) pyridine) (CAS No. 91– 22–5) (provided for in subheading 2933.40.70) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1153. DMDS. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.33.92 2,2-dithiobis(8-fluoro-5-methoxy)[1,2,4] triazolo[1,5-c] pyrimi- dine (CAS No. 166524–74–9) (provided for in subheading 2933.59.95) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1154. VISION INSPECTION SYSTEMS. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.90.20 Vision inspection systems of a kind used for physical inspec- tion of automatic capacitors (provided for in subheadings 9031.49.90 and 9031.80.80) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1155. ANODE PRESSES. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.84.21 Anode presses for pressing tantalum powder into anodes (pro- vided for in subheading 8479.89.97) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1156. TRIM AND FORM. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.84.40 Trim and form for forming capacitor leads (provided for in subheadings 8462.21.80, 8462.29.80, and 8463.30.00) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1157. CERTAIN ASSEMBLY MACHINES. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.84.30 Assembly machines for assembling processed anodes to lead frames (provided for in subheading 8479.89.97) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1158. THIONYL CHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.28.01 Thionyl chloride (CAS No. 7719–09–7) (provided for in sub- heading 2812.10.50) ...... Free Free No change On or before 12/31/2003 ’’. SEC. 1159. BENZYL CARBAZATE (DT–291). Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.96 Phenylmethyl hydrazinecarboxylate (CAS No. 5331–43–1) (pro- vided for in subheading 2928.00.25) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1160. TRALKOXYDIM FORMULATED (‘‘ACHIEVE’’). Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new headings:

‘‘ 9902.29.62 2-[1-(Ethoxyimino)- propyl]-3-hydroxy- 5-(2,4,6- trimethylphenyl)-2-cyclohexen-1-one (Tralkoxydim) (CAS No. 87820–88–0) (provided for in subheading 2925.20.60) ...... Free No change No change On or before 12/31/2003 9902.06.01 Mixtures of 2-[1-(Ethoxyimino)- propyl]-3-hydroxy- 5-(2,4,6- trimethylphenyl)-2-cyclohexen-1-one (Tralkoxydim) (CAS No. 87820–88–0) and application adjuvants (provided for in subheading 3808.30.15) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1161. KN002. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.29.63 1-piperidinecarboxylic acid, 2-[(2,4—dichloro-5- hydroxyphenyl)hydrazono]-, methyl ester (CAS No. 159393– 46–1) (provided for in subheading 2933.39.61) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1162. KL084. (a) CALENDAR YEAR 2000.—Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

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‘‘ 9902.29.69 2-imino-1-methoxycarbonyl-piperidine hydrochloride (CAS No. 159393–48–3) (provided for in subheading 2933.39.61) ...... 5.4% No change No change On or before 12/31/2000 ’’.

(b) CALENDAR YEAR 2001.— (1) IN GENERAL.—Heading 9902.29.30, as added by subsection (a), is amended— (A) by striking ‘‘5.4%’’ and inserting ‘‘4.7%’’; and (B) by striking ‘‘On or before 12/31/2000’’ and inserting ‘‘On or before 12/31/2001’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2001. (c) CALENDAR YEAR 2002.— (1) IN GENERAL.—Heading 9902.29.30, as added by subsection (a), is amended— (A) by striking ‘‘4.7%’’ and inserting ‘‘4.0%’’; and (B) by striking ‘‘On or before 12/31/2001’’ and inserting ‘‘On or before 12/31/2002’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2002. (d) CALENDAR YEAR 2003.— (1) IN GENERAL.—Heading 9902.29.30, as added by subsection (a), is amended— (A) by striking ‘‘4.0%’’ and inserting ‘‘3.3%’’; and (B) by striking ‘‘On or before 12/31/2002’’ and inserting ‘‘On or before 12/31/2003’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2003. SEC. 1163. IN–N5297. Subchapter II of chapter 99 is amended by striking heading 9902.29.35 and by inserting the following new heading:

‘‘ 9902.29.35 2-(Methoxycarbonyl) Benzylsulfonamide (CAS No. 59777–72–9) (provided for in subheading 2935.00.75) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1164. AZOXYSTROBIN FORMULATED. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.38.01 Methyl(E)-2-[6-(2-cyanophonoxy)pyrimidin-4-yloxy]pkhenyl)-3- methoxyacrylate (CAS No. 131860–33–8) (provided for in sub- heading 3808.20.15) ...... 5.7% No change No change On or before 12/31/2003 ’’. SEC. 1165. FUNGAFLOR 500 EC. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.09 Mixtures of enilconazole (CAS No. 73790-28-0) and application adjuvants (provided for in subheading 3808.20.15) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1166. NORBLOC 7966. Subchapter II of chapter 99 is amended by striking heading 9902.29.22 and by inserting the following new heading:

‘‘ 9902.29.22 2-(2’-Hydroxy-5’ -methacrylyloxyethylphenyl) -2H-benzotriazole (CAS No. 96478–09–0) (provided for in subheading 2933.90.79) ..... Free No change No change On or before 12/31/2003 ’’. SEC. 1167. IMAZALIL. Subchapter II of chapter 99 is amended by striking heading 9902.29.10 and by inserting the following new heading:

‘‘ 9902.29.10 Enilconazole (CAS No. 35554–44–-0 and 73790–28–0) (provided for in subheading 2933.29.35) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1168. 1,5- DICHLOROANTHRAQUINONE. Subchapter II of chapter 99 is amended by striking heading 9902.29.14 and by inserting the following new heading:

‘‘ 9902.29.14 1,5- Dichloroanthraquinone (CAS No. 82–46–2) (provided for in subheading 2914.70.40) ...... Free Free No change On or before 12/31/2003 ’’. SEC. 1169. ULTRAVIOLET DYE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.17 9-Anthracene- carboxylic acid, (triethoxysilyl) methyl ester (provided for in subheading 2931.00.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1170. VINCLOZOLIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.20 3-(3,5-dichlorophenyl)-5-ethenyl-5-methyl-2,4-oxazolidinedione (CAS No. 50471–44–8) (provided for in subheading 3808.20.15) ..... Free No change No change On or before 12/31/2003 ’’. SEC. 1171. TEPRALOXYDIM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.64 (E)-2-[1-[[(3-chloro-2-propenyl) oxy] imino] propyl] -3-hydroxy-5 (tetrahydro-2H-pyran-4-yl)-2-cyclohexen-1 -one (CAS No. 149979–41–9) (provided for in subheading 2933.99.20) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1172. PYRIDABEN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.30 2-tert-butyl-5-(4-tert-butyl-benzylthio)-4-chloro-pyridazin-3(2H)- one (CAS No. 96489–71–3) (provided for in subheading 2933.90.17) Free No change No change On or before 12/31/2003 ’’. SEC. 1173. 2-ACETYLNICOTINIC ACID. Subchapter II of chapter 99 is amended by striking heading 9902.29.39 and inserting the following new heading:

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‘‘ 9902.29.39 2-Acetylnicotinic acid (CAS No. 89942–59–6) (provided for in sub- heading 2933.39.61) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1174. SAMe. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.21.06 S-adenosylmethionine 1.4 butanedisulfonate (CAS No. 29908–03– 0) (provided for in subheading 2933.59.95) ...... 5.5% No change No change On or before 12/31/2003 ’’. SEC. 1175. PROCION CRIMSON H-EXL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.60 1,5-Naphthalenedisulfonic acid, 2-((8- ((4—chloro-6-((3-(((4- choloro-6-((7- ((1,5-disulfo-2- naphthalenyl)azo)-8- hydroxy-3,6- disulfo- 1-naphthlenyl)amino)- 1,3,5-triazin-2- yl)amino)methyl) phenyl)amino)- 1,3,5-triazin- 2-yl)amino)-1- hydroxy-3,6-disulfo-2-naphthalenyl)azo)-, octa- (CAS No. 186554–26–7) (provided for in subheading 3204.16.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1176. DISPERSOL CRIMSON SF GRAINS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.05 A mixture of Benzo (1,2-b:4,5-b′)difuran-2,6-dione,3-phenyl-7-(4- propoxyphenyl)-, (CAS No. 79694–17–0); Acetic acid (4-2,6- dihydro-2,6-dioxo-7-phenylbenzo(1,2-b:4,5-b′)difuran-3-yl)- phenoxy)-,2-ethoxyethyl) ester (CAS No. 126877–05–2); and Ace- tic acid (4-(2,6-dihydro-2,6-dioxo-7-(4-propoxphenyl)benzo(1,2- b:4,5-b′)difuran-3-yl)phenoxy)-phenoxy)-, 2-ethoxyethyl ester (CAS No. 126877–06–3) (the foregoing provided for in sub- heading 3204.11.35) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1177. PROCION NAVY H-EXL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.09 A mixture of 2,7-Naphthalenedisulfonic acid, 4-amino-3,6-bis[[5- [[4-chloro-6-[(2-methyl-4-sulfophenyl) amino]-1,3,5-triazin-2- yl]amino]-2-sulfophenyl]azo]-5-hydroxy-, hexasodium salt (CAS No. 186554–27–8); and 1,5-Naphthalenedisulfonic acid, 2- ((8-((4-chloro-6-((3-(((4-chloro-6-((7-((1,5-disulfo-2- naphthalenyl)azo)-8-hydroxy-3,6-disulfo-1- naphthlenyl)amino)-1,3,5-triazin-2-yl)amino) meth- yl)phenyl)amino)-1,3,5-triazin-2-yl)amino)-1-hydroxy-3,6- disulfo-2-naphthalenyl)azo)-, octa- (CAS No. 186554–26–7) (the foregoing provided for in subheading 3204.16.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1178. PROCION YELLOW H-EXL. Subchapter II of chapter 99 is amended by striking heading 9902.32.43 and inserting the following new heading:

‘‘ 9902.32.43 A mixture of 1,5-Naphthalenedisulfonic acid, 3,3′-((3-methyl (CAS No. 72906–24–2) and the 4-methyl compound -1,2- phyenylene)bis(imino(6-chloro-1,3,5-triazine-4,2-diyl)imino(2- (acetylamino)-5-methoxy-4,1-phenylene)azo))bis-, tetrasodium salt (CAS No. 72906–25–3) (the foregoing provided for in sub- heading 3204.16.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1179. ORTHO-PHENYL PHENOL (‘‘OPP’’). Subchapter II of chapter 99 is amended by striking heading 9902.29.25 and by inserting the following new heading:

‘‘ 9902.29.25 O-phenyl phenol (CAS No. 90–43–7) (provided for in subheading 2907.19.80) ...... Free No change No change On or before 12/31/03 ’’. SEC. 1180. 2-METHOXYPROPENE. Subchapter II of chapter 99 is amended by striking heading 9902.29.27 and by inserting the following new heading:

‘‘ 9902.29.27 2-Methoxy-1-Propene (CAS No. 116–11–0) (provided for in sub- heading 2909.19.18) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1181. 3,5-DIFLUROANILINE. (a) CALENDAR YEARS 2000 AND 2001.—Subchapter II of chapter 99 is amended by striking heading 9902.29.56 and by inserting the following new heading:

‘‘ 9902.29.56 3,5-Difluroaniline (CAS No. 372–39–4) (provided for in subheading 2921.42.65) ...... 7.4% No change No change On or before 12/31/2001 ’’.

(b) CALENDAR YEAR 2002.— (1) IN GENERAL.—Heading 9902.29.56, as added by subsection (a), is amended— (A) by striking ‘‘7.4%’’ and inserting ‘‘6.7%’’; and (B) by striking ‘‘On or before 12/31/2001’’ and inserting ‘‘On or before 12/31/2002’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2002. (c) CALENDAR YEAR 2003.— (1) IN GENERAL.—Heading 9902.29.56, as added by subsection (a), is amended— (A) by striking ‘‘6.7%’’ and inserting ‘‘6.3%’’; and (B) by striking ‘‘On or before 12/31/2002’’ and inserting ‘‘On or before 12/31/2003’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2003.

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00132 Fmt 4634 Sfmt 8634 E:\CR\FM\A25JY7.111 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6911 SEC. 1182. QUINCLORAC. (a) CALENDAR YEARS 2000 AND 2001.—Subchapter II of chapter 99 is amended by striking heading 9902.29.47 and by inserting the following new heading:

‘‘ 9902.29.47 3,7-dichloro-8-quinoline carboxylic acid (CAS No. 84087–01–4) (provided for in subheading 2933.40.30) ...... 6.8% No change No change On or before 12/31/2001 ’’.

(b) CALENDAR YEAR 2002.— (1) IN GENERAL.—Heading 9902.29.47, as added by subsection (a), is amended— (A) by striking ‘‘6.8%’’ and inserting ‘‘5.9%’’; and (B) by striking ‘‘On or before 12/31/2001’’ and inserting ‘‘On or before 12/31/2002’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2002. (c) CALENDAR YEAR 2003.— (1) IN GENERAL.—Heading 9902.29.47, as added by subsection (a), is amended— (A) by striking ‘‘5.9%’’ and inserting ‘‘5.4%’’; and (B) by striking ‘‘On or before 12/31/2002’’ and inserting ‘‘On or before 12/31/2003’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2003. SEC. 1183. DISPERSOL BLACK XF GRAINS. Subchapter II of chapter 99 is amended by striking heading 9902.32.44 and inserting the following new heading:

‘‘ 9902.32.44 A mixture of Napthalenesulfonic acid, polymer with formalde- hyde, sodium salt (CAS No. 36290–04–7); .beta.-Alanine, N-(4- ((2-bromo-6-choloro-4-nitrophenyl)azo)phenyl)-N-(3-methoxy- 3-oxoproply)-, methyl ester (CAS No. 59709–38–5); Ethanol, 2,2′- ((4-((3,5-dinitro-2- thienyl)azo)phenyl) imino)bis-, diacetate (ester) (CAS No. 42783–06–2); and .beta.-Alanine, N-(3- (acetylamino)-4-((2,4-dinitrophenly)azo)phenyl)-N-(3-methoxy- 3-oxoproply)-, methyl ester (CAS No. 42783–06–2); and (CAS No. 70729–65–6) (the foregoing provided for in subheading 3204.11.35) Free No change No change On or before 12/31/2003 ’’.

SEC. 1184. FLUROXYPYR 1-METHYLHEPTYL ESTER (FME). Subchapter II of chapter 99 is amended by striking heading 9902.29.77 and by inserting the following new heading:

‘‘ 9902.29.77 fluroxypyr 1-methylheptyl ester (1-methylheptyl 4 aminooo-3,5- dichloro-6-fluoro-2-pyridyloxyacetate (CAS No. 81406–37–3) (provided for in subheading 2933.39.25) ...... Free No change No change On or before 12/31/2003 ’’.

SEC. 1185. SOLSPERSE 17260. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.29 12-hydroxyoctadecanoic acid, reaction product with N,N-dimethyl-1,3- propanediamine, dimethyl sulfate, quaternized, 60 percent solution in toluene (CAS No. 70879–66–2) (provided for in subheading 3824.90.28) ...... Free No change No change On or be- fore 12/ ’’. 31/2003

SEC. 1186. SOLSPERSE 17000. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.02 12-Hydroxyoctadecanoic acid, reaction product with N,N-dimethyl, 1, 3- propanediamine, dimethyl sulfate, quasternized (CAS No. 70879–66–2) (provided for in subheading 3824.90.40) ...... Free No change No change On or be- fore 12/ ’’. 31/2003

SEC. 1187. SOLSPERSE 5000. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.03 1-Octadecanaminium, N,N- dimethyl-N-octadecyl-, (SP-4-2)-[29H,31H- phthalocyanine-2-sulfonate (3-).kappa.N29, .kappa.N30,.kappa.N31, .kappa.N32]cuprate(1-) (CAS No. 70750–63–9) (provided for in subheading 3824.90.28) ...... Free No change No change On or be- fore 12/ ’’. 31/2003

SEC. 1188. CERTAIN TAED CHEMICALS. Subchapter II of chapter 99 is amended by striking heading 9902.29.70 and by inserting the following new heading:

‘‘ 9902.29.70 Tetraacetylethylenediamine (CAS Nos. 10543–57–4) (provided for in subheading 2924.10.10) ...... Free No change No change On or before 12/31/2003 ’’.

SEC. 1189. ISOBORNYL ACETATE. Subchapter II of chapter 99 is amended by striking heading 9902.29.71 and by inserting the following new heading:

‘‘ 9902.29.71 Isobornyl acetate (CAS No. 125-12-2) (provided for in subheading 2915.39.45) ...... Free No change No change On or before 12/31/2003 ’’.

SEC. 1190. SOLVENT BLUE 124. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.73 Solvent Blue 124 (CAS No. 29243–26–3) (provided for in sub- heading 3204.19.20) ...... Free No change No change On or before 12/31/2003 ’’.

SEC. 1191. SOLVENT BLUE 104. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.32.72 Solvent Blue 104 (CAS No. 116–75–6) (provided for in subheading 3204.19.20) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1192. PRO-JET MAGENTA 364 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.85.00 5-[4-(4,5-dimethyl-2-sulfo-phenylamino)-6-hydroxy-[1,3,5-] triazin-2-yl amino]-4-hydroxy-3-(1-sulfo-naphthalen-2-ylazo)- naphthalene-2,7-disulphonic acid, sodium/ammonium salt (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1193. BENZENESULFONAMIDE,4-AMINO-2,5-DIMETHOXY-N-PHENYL. Subchapter II of chapter 99 is amended by striking heading 9902.29.73 and by inserting the following new heading:

‘‘ 9902.29.73 benzensulfonamide,4-amino-2,5-dimethoxy-N-phenyl (CAS No. 52298–44–9) (provided for in subheading 2935.00.10) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1194. UNDECYLENIC ACID. Subchapter II of chapter 99 is amended by striking heading 9902.29.78 and by inserting the following new heading:

‘‘ 9902.29.78 10-Undecylenic acid (CAS No. 112–38–9) (provided for in sub- heading 2916.19.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1195. 2-METHYL-4-CHLOROPHENOXYACETIC ACID. Subchapter II of chapter 99 is amended by striking heading 9902.29.81 and by inserting the following new heading:

‘‘ 9902.29.81 2-Methyl-4-chlorophenoxyacetic acid (CAS No. 9021-09-6) (pro- vided for in subheading 2918.90.20) ...... 2.6% No change No change On or before 12/31/2003 ’’. SEC. 1196. IMINODISUCCINATE. Subchapter II of chapter 99 is amended by striking heading 9902.29.83 and by inserting the following new heading:

‘‘ 9902.29.83 Mixtures of sodium salts of iminodisuccinic acid (CAS No. 144538–83–0) (provided for in subheading 2922.49.80) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1197. IMINODISUCCINATE SALTS AND AQUEOUS SOLUTIONS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.10 Mixtures of sodium salts of iminodisuccinic acid, dissolved in water (provided for in subheading 3824.90.90) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1198. POLY (VINYLCHLORIDE) (PVC) SELF-ADHESIVE SHEETS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.01 Poly (vinylchloride) (PVC) self-adhesive sheets of a kind used to make bandages (provided for in subheading 3919.10.20) ...... Free No change No change On or be- fore 12/ ’’. 31/2003 SEC. 1199. BEPD 2-BUTYL-2-ETHYLPROPANEDIOL. Subchapter II of chapter 99 is amended by striking heading 9902.29.84 and by inserting the following new heading:

‘‘ 9902.29.84 BEPD 2-Butyl-2-ethylpropanediol (CAS No. 115-84-4) (provided for in subheading 2905.39.90) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1200. CYCLOHEXADE-8-EN-1-ONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.85 Cyclohexade-8-en-1-one (CAS No. 3100–36–5) (provided for in sub- heading 2914.29.50) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1201. A PAINT ADDITIVE CHEMICAL. Subchapter II of chapter 99 is amended by striking heading 9902.29.33 and inserting the following new heading:

‘‘ 9902.29.33 N-Cyclopropyl-N′-(1,1-dimethylethy)-6-(methylthio)-1,3,5-tri- azine-2,4-diamine (CAS No. 28159–98–0) (provided for in sub- heading 2933.69.60) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1202. ORTHO-CUMYL-OCTYLPHENOL (OCOP). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.86 ortho-cumyl-octylphenol (OCOP) (CAS No. 73936–80–8) (provided for in subheading 2907.19.80) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1203. CERTAIN POLYAMIDES. Subchapter II of chapter 99 is amended by striking heading 9902.39.08 and by inserting the following new heading:

‘‘ 9902.39.08 Micro-porous ultra fine spherical forms of polyamides 6, 12, and 6/12 powder (provided for in subheading 3908.10.00) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1204. MESAMOLL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.38.14 A certain Alkylsulfonic Acid Ester of Phenol (CAS No. 70775–94– 9) (provided for in subheading 3812.20.10) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1205. VULKALENT E/C. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.31 A mixture of N-Phenyl-N-((trichloromethyl)thio)- Benzenesulfonamide; calcium carbonate; and mineral oil (the foregoing provided for in subheading 3824.90.28) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1206. BAYTRON M. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.87 A certain 3,4-ethylenedioxythiophene (CAS No. 126213–50–1) (provided for in subheading 2934.90.90) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1207. BAYTRON C–R. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.15 A certain catalytic preparation based on Iron (III) toluenesulfonate (CAS No. 77214–82–5) (provided for in sub- heading 3815.90.50) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1208. BAYTRON P. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.15 A certain mixture of water and poly(3,4-ethylene- dioxythiophene)- poly (styrenesulfonate) (cationic) (CAS No. 155090–83–8) (provided for in subheading 3911.90.25) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1209. DIMETHYL DICARBONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.87 Dimethyl dicarbonate (CAS No. 4525–33–1) (provided for in sub- heading 2920.90.50) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1210. KN001 (A HYDROCHLORIDE). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.88 2,4-dichloro-5-hydroxyhydrazine hydrochloride (CAS No. 189573– 21–5) (provided for in subheading 2928.00.25) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1211. METHYL THIOGLYCOLATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.90 Methyl thioglycolate (CAS No. 2365–48–2) (provided for in sub- heading 2930.90.90) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1212. KL540. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.91 Methyl-4-trifluoromethoxyphenyl-N-(chlorocarbonyl) carba- mate (CAS No. 173903–15–6) (provided for in subheading 2924.29.70) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1213. DPC 083. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.92 (S)-6-chloro-3,4-dihydro-4-E-cyclopropylethenyl-4- trifluoromethyl-2(1H)-quinozolinone (CAS No. 214287–99–7) (provided for in subheading 2933.90.46) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1214. DPC 961. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.20.05 (S)-6-chloro-3,4-dihydro-4-cyclopropylethynyl-4- trifluoromethyl-2(1H)-quinozolinone (CAS No. 214287–88–4) (provided for in subheading 2933.90.46) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1215. SODIUM PETROLEUM SULFONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.34.01 Sodium petroleum sulfonate (CAS No. 68608-26-4) (provided for in subheading 3402.11.50) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1216. PRO-JET CYAN 1 PRESS PASTE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.20 Direct Blue 199 acid (CAS No. 80146–12–9) (provided for in sub- heading 3204.14.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1217. PRO-JET BLACK ALC POWDER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.32.23 Direct Black 184 (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1218. PRO-JET FAST YELLOW 2 RO FEED. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.10 Direct Yellow 173 (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1219. SOLVENT YELLOW 145. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.46 Solvent Yellow 145 (CAS No. 27425–55–4) (provided for in sub- heading 3204.19.25) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1220. PRO-JET FAST MAGENTA 2 RO FEED. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.24 Direct Violet 107 (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1221. PRO-JET FAST CYAN 2 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.17 Direct Blue 307 (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1222. PRO-JET CYAN 485 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.25 [(2-hydro- xyethylsul- famoyl)sulfo- phthalo- cyaninato] copper (II), mixed isomers (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1223. TRIFLUSULFURON METHYL FORMULATED PRODUCT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.50 Methyl 2-[[[[[-4(dimethylamino) -6-(2,2,2-trifluoroethoxy) -1,3,5- triazin-2-yl] -amino]carbonyl] amino]sulfonyl]-3- methylbenzoate (CAS No. 126535–15–7) (provided for in sub- heading 3808.30.15) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1224. PRO-JET FAST CYAN 3 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.64 [29H,31H-Phthalocyaninato (2-xN29, xN30, xN31, xN32] copper, [[2-[4-(2- aminoethyl)-1-piperazinyl] ethyl]amino]- sulfonylaminosulfonyl [(2-hydroxethyl)amino] sulfonyl [[2-[[2- (1-piperazinyl) ethyl]-amino) ethyl]-amino]-sulfonyl sulfo de- rivatives and their sodium salts (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1225. PRO-JET CYAN 1 RO FEED. (a) CALENDER YEAR 2000.—Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.32.65 Copper, [29H, 31H-phthalocyaninato(2-)-N29, N30, N31, N32]-, aminosulfonyl sulfo derivs., sodium salts (CAS No. 80146–12– 9) (provided for in subheading 3204.14.50) ...... 9.5% No change No change On or before 12/31/2000 ’’.

(b) CALENDAR YEAR 2001.— (1) IN GENERAL.—Heading 9902.32.02, as added by subsection (a), is amended— (A) by striking ‘‘9.5%’’ and inserting ‘‘8.5%’’; and (B) by striking ‘‘On or before 12/31/2000’’ and inserting ‘‘On or before 12/31/2001’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2001. (c) CALENDAR YEAR 2002.— (1) IN GENERAL.—Heading 9902.32.02, as added by subsection (a) and amended by subsection (b), is further amended— (A) by striking ‘‘8.5%’’ and inserting ‘‘7.4%’’; and (B) by striking ‘‘On or before 12/31/2001’’ and inserting ‘‘On or before 12/31/2002’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2001. SEC. 1226. PRO-JET FAST BLACK 287 NA PASTE/LIQUID FEED. (a) CALENDER YEAR 2000.—Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.32.67 Direct Black 195 (CAS No. 160512–93–6) (provided for in sub- heading 3204.14.30) ...... 7.8% No change No change On or before 12/31/2000 ’’.

(b) CALENDAR YEAR 2001.— (1) IN GENERAL.—Heading 9902.32.03, as added by subsection (a), is amended— (A) by striking ‘‘7.8%’’ and inserting ‘‘7.1%’’; and (B) by striking ‘‘On or before 12/31/2000’’ and inserting ‘‘On or before 12/31/2001’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2001. (c) CALENDAR YEAR 2002.— (1) IN GENERAL.—Heading 9902.32.03, as added by subsection (a) and amended by subsection (b), is further amended— (A) by striking ‘‘7.1%’’ and inserting ‘‘6.4%’’; and (B) by striking ‘‘On or before 12/31/2001’’ and inserting ‘‘On or before 12/31/2002’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on January 1, 2001. SEC. 1227. 4-(CYCLOPROPYL-ù-HYDROXY-METHYLENE)-3,5-DIOXO-CYCLOHEXANECARBOXYLIC ACID ETHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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‘‘ 9902.29.93 4-(Cyclopropyl-α-hydroxy-methylene)-3,5-dioxo- cyclohexanecarboxylic acid ethyl ester (CAS No. 95266–40–3) (provided for in subheading 2918.90.50) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1228. 4’-EPIMETHYLAMINO-4’-DEOXYAVERMECTIN B1a AND B1b BENOZATES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.94 4’-epimethylamino-4’-deoxyavermectin B1a and B1b benozates (CAS No. 137512–74–4) (provided for in subheading 2938.90.00) .... Free No change No change On or before 12/31/2003 ’’. SEC. 1229. FORMULATIONS CONTAINING 2-[4-[(5-CHLORO-3-FLUORO-2-PYRIDINYL)OXY]-PHENOXY]-2-PROPYNYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.51 Propanoic acid, 2-[4-[(5-chloro-3-fluoro-2-pyridinyl)oxy]- phenoxy]-2-propynyl ester (CAS No. 105512–06–9) (provided for in subheading 3808.30.15) ...... 3% No change No change On or before 12/31/2003 ’’. SEC. 1230. CERTAIN END USE PRODUCTS CONTAINING BENZENESULFONAMIDE, 2-(2-CHLORO- ETHOXY)N-[[4METHOXY-6-METHYL-1,3,5-TRIAZIN-2- YL)AMINO]CARBONYL]- AND 3,6-DICHLORO-2-METHOXYBENZOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.21 Certain end-use products containing benzenesulfonamide, 2-(2- chloroethoxy)N-[[4methoxy-6-methyl-1,3,5- triazin-2-yl)amino] carbonyl]- (CAS No. 82097–50–5) and 3,6-dichloro-2- methoxybenzoic acid (CAS No. 1918–00–9) (the foregoing pro- vided for in subheading 3808.30.15) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1231. METHYL (E, E)-A-(METHOXYIMINO)-2- [[[[1- [3- (TRIFLUOROMETHYL) PHENYL] ETHYLIDENE] OXY] METHYL] BENZENEACETATE. Subchapter II of chapter 99 is amended by striking heading 9902.29.41 and inserting the following new heading:

‘‘ 9902.29.41 Benzeneacetic acid, (E,E)-α-(-(methoxyimino) -2[[[[1-[3- trifluoromethyl) phenyl] ethylidene] amino]oxy] methyl]-, methyl ester (CAS No. 141517–21–7) (provided for in subheading 2929.90.20) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1232. FORMULATIONS CONTAINING SULFUR. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.13 Formulations containing sulfur (CAS No. 7704–34–9) (provided for in subheading 3808.20.50) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1233. FORMULATIONS CONTAINING 3-(6-METHOXY-4-METHYL-1,3,5-TRIAZIN-2-YL)-1-[2-(2-CHLORO-ETHOXY)-PHENYLSULFONYL]-UREA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.52 Formulations containing 3-(6-methoxy-4-methyl-1,3,5-triazin-2- yl)-1-[2-(2-chloro-ethoxy)-phenylsulfonyl]-urea (CAS No. 82097–50–5) (provided for in subheading 3808.30.15) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1234. FORMULATIONS CONTAINING 4-CYCLOPROPYL-6-METHYL-N-PHENYL-2-PYRIMIDINAMINE-4-(2,2-DIFLUORO-1,3-BENZODIOXOL-4-YL)-1H-PYRROLE- 3-CARBONITRILE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.53 Formulations containing 4-cyclopropyl-6-methyl-N-phenyl-2- pyrimidinamine-4-(2,2-difluoro-1,3-benzodioxol-4-yl)-1H- pyrrole-3-carbonitrile (CAS No. 131341–86–1) (provided for in subheading 3808.20.15) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1235. (R)-2-[2,6-DIMETHYLPHENYL)-METHOXYACETYL-AMINO]-PROPIONIC ACID METHYL ESTER. Subchapter II of chapter 99 is amended by striking heading 9902.29.27 and inserting the following new heading:

‘‘ 9902.29.27 (R)-2-[2,6-dimethylphenyl)-methoxyacetyl-amino]-propionic acid methyl ester (CAS No. 69516–34–3) (provided for in sub- heading 2924.29.47) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1236. FORMULATIONS CONTAINING BENZOTHIALDIAZOLE-7-CARBOTHIOIC ACID S-METHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.22 Formulations containing benzothialdiazole-7-carbothioic acid S-methyl ester (CAS No. 135158–54–2) (provided for in sub- heading 3808.90.08) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1237. BENZOTHIALDIAZOLE-7-CARBOTHIOIC ACID S-METHYL ESTER. Subchapter II of chapter 99 is amended by striking heading 9902.29.33 and inserting in numerical sequence the following new heading:

‘‘ 9902.29.33 Benzothialdiazole-7-carbothioic acid S-methyl ester (CAS No. 135158–54–2) (provided for in subheading 2934.90.18) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1238. O-(4-BROMO-2-CHLOROPHENYL)-O-ETHYL-S-PROPYL PHOSPHOROTHIOATE. Subchapter II of chapter 99 is amended by striking heading 9902.29.30 and inserting the following new heading:

‘‘ 9902.29.30 O-(4-Bromo-2-chlorophenyl)-O-ethyl-S-propyl phosphorothioate (CAS No. 41198–08–7) (provided for in subheading 2930.90.10) ..... Free No change No change On or before 12/31/2003 ’’.

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00137 Fmt 4634 Sfmt 8634 E:\CR\FM\A25JY7.111 pfrm02 PsN: H25PT1 H6916 CONGRESSIONAL RECORD — HOUSE July 25, 2000 SEC. 1239. 1-[[2-(2,4-DICHLOROPHENYL)-4-PROPYL-1,3-DIOXOLAN-2-YL] METHYL]-1H-1,2,4-TRIAZOLE. Subchapter II of chapter 99 is amended by striking heading 9902.29.35 and inserting the following new heading:

‘‘ 9902.29.35 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H- 1,2,4-triazole (CAS No. 60207–90–1) (provided for in subheading 2934.90.12) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1240. TETRAHYDRO-3-METHYL-N-NITRO-5[[2-PHENYLTHIO)-5-THIAZOLYL]-4-H-1,3,5-OXADIAZIN-4-IMINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.34 tetrahydro-3-methyl-N-nitro-5[[2-phenylthio)-5-thiazolyl]-4-H- 1,3,5-oxadiazin-4-imine (CAS No. 192439–46–6) (provided for in subheading 2934.10.10) ...... 4.3% No change No change On or before 12/31/2003 ’’. SEC. 1241. 1-(4-METHOXY-6-METHYL-TRIAZIN-2-YL)-3-[2-(3,3,3-TRIFLUOROPROPYL)-PHENYLSULFONYL]-UREA. Subchapter II of chapter 99 is amended by striking heading 9902.29.40 and inserting the following new heading:

‘‘ 9902.29.40 1-(4-methoxy-6-methyl-triazin-2-yl)-3-[2-(3,3,3-trifluoropropyl)- phenylsulfonyl]-urea (CAS No. 94125–34–5) (provided for in sub- heading 2935.00.75) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1242. 1,2,4-TRIAZIN-3(2H)ONE, 4,5-DIHYDRO-6-METHYL-4-[(3-PYRIDINYL METHYLENE)AMINO]. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.96 1,2,4-Triazin-3(2H)one, 4,5-dihydro-6-methyl-4-[(3-pyridinyl methylene)amino] (CAS No. 123312–89–0) (provided for in sub- heading 2933.69.60) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1243. 4-(2,2-DIFLUORO-1,3-BENZODIOXOL-4-YL)-1H-PYRROLE-3-CARBONITRILE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.97 4-(2,2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile (CAS No. 131341–86–1) (provided for in subheading 2934.90.12) .... Free No change No change On or before 12/31/2003 ’’. SEC. 1244. NICOSULFURON FORMULATED PRODUCT (‘‘ACCENT’’). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.69 2-(((((4,6-Di- methoxypyrimi- din-2-yl) aminocarbonyl))-N,N- di- methyl-3-pyridinecarboxamide (CAS No. 111991-09-4) and ap- plication adjuvants (provided for in subheading 3808.30.15) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1245. FIPRONIL TECHNICAL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.98 5-amino-1-[2,6-dichloro-4-(trifluoromethyl)phynyl)-4- [(trifluoromethyl)sulfinyl]-1H-pyrazole-3-carbonitrile. (CAS No. 120068–37–3) (provided for in subheading 2933.19.23) ...... 5% No change No change On or before 12/31/2003 ’’. SEC. 1246. MONOCHROME GLASS ENVELOPES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.70.01 Monochrome glass envelopes (provided for in subheading 7011.20.40) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1247. CERAMIC COATER. Subchapter II of chapter 99 is amended by inserting in the numerical sequence the following new heading:

‘‘ 9902.84.00 Ceramic coater for laying down and drying ceramic (provided for in subheading 8479.89.97) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1248. PRO-JET BLACK 263 STAGE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.74 5-[4-(7-amino-1-hydroxy-3-sulfo-naphthalen-2-ylazo)-2,5-bis-(2- hydroxy-ethoxy)-phenylazo]-isophthalic acid, lithium salt (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2003 ’’. SEC. 1249. PRO-JET FAST BLACK 286 PASTE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.44 1,3-benzenedicarboxylic acid, 5-[[4-[(7-amino-1-hydroxy-3-sulfo- 2-naphthalenyl)azo]-6-sulfo-1-naphthalenyl]azo]-, sodium salt (CAS No. 201932–24–3) (provided for in subheading 3204.14.30) .... Free No change No change On or before 12/31/2003 ’’. SEC. 1250. CERTAIN STEAM OR OTHER VAPOR GENERATING BOILERS USED IN NUCLEAR FACILITIES. (a) IN GENERAL.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.84.02 Watertube boilers with a steam production exceeding 45 t per hour, for use in nuclear facilities (provided for in subheading 8402.11.00) ...... 4.9% No change No change On or before 12/31/2003 ’’.

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00138 Fmt 4634 Sfmt 8634 E:\CR\FM\A25JY7.111 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6917

(b) EFFECTIVE DATE.—The amendment Entry Number Date of Port Entry number Date of Date of liquida- made by subsection (a) shall apply with re- Entry entry tion spect to goods— (1) entered, or withdrawn from warehouse, E85–0002550–0 12/20/90 Miami, FL 110–1955373–1 12/17/86 7/26/96 for consumption, on or after the 15th day 102–0121558–8 12/11/91 Miami, FL 110–1271914–9 11/12/86 11/6/87 after the date of enactment of this Act; and E85–0002654–5 04/08/91 Miami, FL 110–1279006–6 09/09/87 8/26/88 (2) purchased pursuant to a binding con- E85–0002703–0 05/01/91 Miami, FL 110–1279699–8 10/06/87 11/6/87 tract entered into on or before the date of E85–0002778–2 06/05/91 Miami, FL 110–1280399–2 11/03/87 12/11/87 the enactment of this Act. E85–0002909–3 08/05/91 Miami, FL 110–1280557–5 11/11/87 12/28/87 E85–0002913–5 08/02/91 Miami, FL 110–1280780–3 11/24/87 01/29/88 CHAPTER 2—EXISTING DUTY 102–0120990–4 10/18/91 Miami, FL 110–1281399–1 12/16/87 2/12/88 SUSPENSIONS AND REDUCTIONS 102–0120668–6 09/03/91 Miami, FL 110–1282632–4 02/17/88 3/18/88 SEC. 1301. EXTENSION OF CERTAIN EXISTING 102–0517007–8 11/20/91 Miami, FL 110–1286027–3 02/26/88 2/17/89 DUTY SUSPENSIONS AND REDUC- 102–0122145–3 03/05/91 Miami, FL 110–1286056–2 02/23/88 2/12/89 TIONS. 102–0121173–6 Miami, FL 719–0736650–5 07/27/87 3/13/92 (a) EXISTING DUTY SUSPENSIONS.—Each of 102–0121559–6 Miami, FL 110–1285877–2 09/08/88 06/02/89 the following headings is amended by strik- E85–0002636–2 Miami, FL 110–1285885–5 09/08/88 06/02/89 ing out the date in the effective period col- 110–1285959–8 09/13/88 06/02/89 umn and inserting ‘‘12/31/2003’’: SEC. 1402. COLOR TELEVISION RECEIVER EN- 110–1286057–0 03/01/88 04/01/88 TRIES. (1) Heading 9902.32.12 (relating to DEMT). 110–1286061–2 03/02/88 02/24/89 (a) IN GENERAL.—Notwithstanding sections (2) Heading 9902.39.07 (relating to a certain 110–1286120–6 03/13/88 03/03/89 514 and 520 of the Tariff Act of 1930 (19 U.S.C. polymer). 110–1286122–2 03/13/88 03/03/89 1514 and 1520), or any other provision of law, (3) Heading 9902.29.07 (relating to 4- 110–1286123–0 03/13/88 03/03/89 the United States Customs Service shall, not hexylresorcinol). 110–1286124–8 03/13/88 03/03/89 later than 90 days after the date of the enact- (4) Heading 9902.29.37 (relating to certain 110–1286133–9 03/20/88 04/15/88 sensitizing dyes). ment of this Act, liquidate or reliquidate 110–1286134–7 03/20/88 04/15/88 (5) Heading 9902.32.07 (relating to certain those entries listed in subsection (c) in ac- 110–1286151–1 03/15/88 09/15/89 organic pigments and dyes). cordance with the final results of the admin- 110–1286194–1 03/22/88 08/24/90 (6) Heading 9902.71.08 (relating to certain istrative reviews, covering the periods from 110–1286262–6 04/04/88 06/09/89 semi-manufactured forms of gold). April 1, 1989, through March 31, 1990, and 110–1286264–2 03/30/88 06/09/89 (7) Heading 9902.33.59 (relating to DPX– from April 1, 1990, through March 31, 1991, 110–1286293–1 04/09/88 06/02/89 E6758). undertaken by the International Trade Ad- 110–1286294–9 04/09/88 06/02/89 (8) Heading 9902.33.60 (relating to ministration of the Department of Com- 110–1286330–1 04/13/88 06/02/89 Rimsulfuron). merce for such entries (case number A–583– 110–1286332–7 04/13/88 06/02/89 (b) EXISTING DUTY REDUCTION.—Heading 009). 110–1286376–4 04/20/88 06/02/89 9902.29.68 (relating to Ethylene/tetra- (b) PAYMENT OF AMOUNTS OWED.—Any 110–1286398–8 04/29/88 06/02/89 fluoroethylene copolymer (ETFE)) is amend- amounts owed by the United States pursuant 110–1286399–6 04/29/88 06/02/89 ed by striking out the date in the effective to the liquidation or reliquidation of an 110–1286418–4 05/06/88 06/02/89 period column and inserting ‘‘12/31/2003’’. entry under subsection (a), with interest pro- 110–1286419–2 05/06/88 06/02/89 vided for by law on the liquidation or reliqui- SEC. 1302. EXTENSION OF, AND OTHER MODIFICA- 110–1286465–5 05/13/88 06/02/89 TIONS TO, EXISTING DUTY REDUC- dation of entries, shall be paid by the Cus- 110–1286467–1 05/13/88 06/02/89 TIONS. toms Service within 90 days after such liq- 110–1286488–7 05/20/88 07/01/88 (a) CARBAMIC ACID (U-9069).— Heading uidation or reliquidation. 110–1286489–5 05/20/88 07/01/88 9902.33.61 (relating to Carbamic Acid (U– (c) ENTRY LIST.—The entries referred to in 110–1286490–3 05/20/88 07/01/88 9069)) is amended— subsection (a) are the following: 110–1286567–8 05/27/88 06/02/89 (1) by striking ‘‘7.6%’’ and inserting Entry Number Date of Entry 110–1286578–5 06/03/88 06/02/89 ‘‘Free’’; and 509–0210046–5 ...... August 18, 1989 110–1286579–3 06/03/88 06/02/89 (2) by striking the date in the effective pe- 815–0908228–5 ...... June 25, 1989 110–1286638–7 06/10/88 06/02/89 riod column and inserting ‘‘12/31/2003’’. 707–0836829–8 ...... April 4, 1990 110–1286683–3 06/17/88 06/02/89 (b) DPX–E9260.— Heading 9902.33.63 (relat- 707–0836940–3 ...... April 12, 1990 110–1286685–8 06/17/88 06/02/89 ing to DPX–E9260) is amended— 707–0837161–5 ...... April 25,1990 110–1286703–9 06/24/88 07/29/88 (1) by striking ‘‘5.3%’’ and inserting 707–0837231–6 ...... May 3, 1990 707–0837497–3 ...... May 17, 1990 110–1286725–2 06/24/88 06/02/89 ‘‘Free’’; and 707–0837498–1 ...... May 24, 1990 110–1286740–1 07/01/88 06/02/89 (2) by striking the date in the effective pe- 707–0837612–7 ...... May 31, 1990 110–1286824–3 07/08/88 06/02/89 riod column and inserting ‘‘12/31/2003’’. 707–0837817–2 ...... June 13, 1990 110–1286863–1 07/20/88 06/02/89 Subtitle B—Other Tariff Provisions 707–0837949–3 ...... June 19, 1990 110–1286910–0 07/24/88 06/02/89 707–0838712–4 ...... August 7, 1990 110–1286913–4 07/29/88 06/02/89 CHAPTER 1—LIQUIDATION OR 707–0839000–3 ...... August 29, 1990 RELIQUIDATION OF CERTAIN ENTRIES 707–0839234–8 ...... September 15, 1990 110–1286942–3 07/26/88 09/09/88 707–0839284–3 ...... September 12, 1990 110–1286990–2 08/02/88 06/02/89 SEC. 1401. CERTAIN TELEPHONE SYSTEMS. 707–0839595–2 ...... October 2, 1990 110–1287007–4 08/05/88 06/02/89 (a) IN GENERAL.—Notwithstanding sections 707–0840048–9 ...... November 1, 1990 110–1287058–7 08/09/88 06/02/89 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 707–0840049–7 ...... November 1, 1990 110–1287195–7 09/22/88 06/02/89 1514 and 1520), or any other provision of law, 707–0840176–8 ...... November 8, 1990 110–1287376–3 09/29/88 06/02/89 the United States Customs Service shall, not SEC. 1403. COPPER AND BRASS SHEET AND 110–1287377–1 09/29/88 06/02/89 later than 90 days after the date of the enact- STRIP. 110–1287378–9 09/29/88 06/02/89 ment of this Act, liquidate or reliquidate (a) IN GENERAL.—Notwithstanding sections 110–1287573–5 10/06/88 06/02/89 those entries listed in subsection (c), in ac- 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 110–1287581–8 10/06/88 06/02/89 cordance with the final decision of the De- 1514 and 1520), or any other provision of law, 110–1287756–6 10/11/88 06/29/90 partment of Commerce of February 7, 1990 the United States Customs Service shall, not 110–1287762–4 10/11/88 06/02/89 (case number A580–803–001). later than 90 days after the date of the enact- 110–1287780–6 10/14/88 06/02/89 (b) PAYMENT OF AMOUNTS OWED.—Any ment of this Act, liquidate or reliquidate 110–1287783–0 10/14/88 06/02/89 amounts owed by the United States pursuant those entries listed in subsection (c). 110–1287906–7 10/18/88 06/02/89 to the liquidation or reliquidation of an (b) PAYMENT OF AMOUNTS OWED.—Any 110–1288061–0 10/25/88 06/02/89 entry under subsection (a) shall be paid by amounts owed by the United States pursuant 110–1288086–7 10/27/88 06/02/89 the Customs Service within 90 days after to the liquidation or reliquidation of an 110–1288229–3 11/03/88 06/02/89 such liquidation or reliquidation. entry under subsection (a), with interest ac- 110–1288370–5 11/08/88 06/29/90 (c) ENTRY LIST.—The entries referred to in crued from the date of entry, shall be paid by 110–1288408–3 11/10/88 06/29/90 subsection (a) are the following: the Customs Service within 90 days after 110–1288688–0 11/24/88 06/02/89 such liquidation or reliquidation. 110–1288692–2 11/24/88 06/02/89 Date of (c) ENTRY LIST.—The entries referred to in Entry Number Entry Port 110–1288847–2 11/29/88 06/29/90 subsection (a) are the following: 110–1289041–1 12/07/88 06/02/89 E85–0001814–6 10/05/89 Miami, FL 110–1289248–2 12/22/88 06/02/89 Date of Date of liquida- E85–0001844–3 10/30/89 Miami, FL Entry number entry tion 110–1289250–8 12/21/88 06/02/89 E85–0002268–4 07/21/90 Miami, FL 110–1289260–7 12/22/88 06/02/89 E85–0002510–9 12/15/90 Miami, FL 110–1197671–6 10/18/86 7/6/92 110–1289376–1 12/29/88 06/02/89 E85–0002511–7 12/15/90 Miami, FL 110–1198090–8 12/19/86 1/23/87 110–1289588–1 01/15/89 06/02/89 E85–0002509–1 12/15/90 Miami, FL 110–1271919–8 11/12/86 11/6/87 110–0935207–8 01/05/90 03/13/92 E85–0002527–3 12/12/90 Miami, FL 110–1272332–3 11/26/86 11/20/87 110–1294738–5 10/31/89 03/20/90

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00139 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.111 pfrm02 PsN: H25PT1 H6918 CONGRESSIONAL RECORD — HOUSE July 25, 2000 the Customs Service within 90 days after Entry number Date of Date of liquida- Entry number Date of Date of liquida- entry tion entry tion such liquidation or reliquidation. (c) ENTRY LIST.—The entries referred to in 110–1204990–1 06/08/89 09/29/89 110–1295089–2 11/16/89 8/21/92 subsection (a) are the following: 11036694146 01/17/91 12/18/92 110–1295245–0 11/21/89 8/21/92 11036706841 03/06/91 2/19/93 110–1295493–6 12/05/89 8/21/92 Entry Number Entry Date 11036725270 05/24/91 2/19/93 110–1295497–7 12/05/89 8/21/92 (1001)016–0112010–6 ...... May 26, 1989 110–1231352–1 07/24/88 08/26/88 110–1295898–6 12/28/89 8/21/92 (4601)016–0112028–8 ...... June 28, 1989 (4601)016–0112126–0 ...... December 5, 1989 110–1231359–6 07/31/88 09/09/88 110–1295903–4 12/28/89 8/21/92 (4601)016–0112132–8 ...... December 18, 1989 110–1286029–9 02/25/88 03/25/88 110–1296025–5 01/04/90 8/21/92 (4601)016–0112164–1 ...... February 5, 1990 110–1286078–6 03/04/88 04/08/88 110–1296161–8 01/11/90 8/21/92 (4601)016–0112229–2 ...... April 12, 1990 110–1286079–4 03/04/88 06/29/90 11011443535 09/25/90 12/18/92 (4601)016–0112211–0 ...... March 21, 1990. 110–1286107–3 03/10/88 04/08/88 11011448211 10/25/90 12/18/92 SEC. 1405. OTHER ANTIFRICTION BEARINGS. 110–1286153–7 03/11/88 04/15/88 11001688032 04/12/88 06/03/88 (a) LIQUIDATION OR RELIQUIDATION OF EN- 110–1286154–5 03/17/88 04/22/88 11001691390 06/01/88 06/02/88 TRIES.—Notwithstanding sections 514 and 520 110–1286155–2 03/31/88 04/22/88 11009971950 03/07/88 03/03/89 of the Tariff Act of 1930 (19 U.S.C. 1514 and 110–1286203–0 03/24/88 06/29/90 11009972545 04/06/88 04/21/89 1520) or any other provision of law, the 110–1286218–8 03/18/88 04/22/88 11012860745 03/04/88 04/08/88 United States Customs Service shall, not 110–1286241–0 03/31/88 03/24/89 11012861024 03/08/88 04/08/88 later than 90 days after the date of the enact- 110–1286272–5 03/31/88 08/03/90 11012862071 03/24/88 04/29/88 ment of this Act, liquidate or reliquidate 110–1286278–2 04/04/88 08/03/90 11012862139 03/22/88 04/22/88 those entries made at various ports, which 110–1286362–4 04/21/88 06/29/90 11012869316 07/28/88 06/29/90 are listed in subsection (c), in accordance 110–1286447–3 05/06/88 06/29/90 11018048717 04/25/88 05/31/88 with the final results of the administrative 110–1286448–1 05/06/88 06/29/90 11018051323 06/08/88 07/08/88 reviews, covering the periods from November 110–1286472–1 05/11/88 06/29/90 11018054467 07/27/88 07/27/88 9, 1988, through April 30, 1990, from May 1, 110–1286664–3 06/16/88 06/29/90 11018055324 08/10/88 08/20/88 1990, through April 30, 1991, and from May 1, 110–1286666–8 06/16/88 07/13/90 11009976470 08/29/88 09/01/89 1991, through April 30, 1992, conducted by the 110–1286889–6 07/22/88 08/03/90 11017086056 10/26/88 12/02/88 International Trade Administration of the 110–1286982–9 08/04/88 06/29/90 11018057726 09/14/88 11/04/88 Department of Commerce for such entries 110–1287022–3 08/11/88 06/29/90 11018061991 11/09/88 12/30/88 (Case No. A–427–801). 110–1804941–8 05/04/88 07/29/94 11011366611 07/13/89 03/05/93 (b) PAYMENT OF AMOUNTS OWED.—Any 037–0022571–1 01/05/89 02/17/89 11012044811 03/18/89 04/23/93 amounts owed by the United States pursuant 110–1135050–8 04/01/89 02/19/93 11012053952 07/27/89 06/12/92 to the liquidation or reliquidation of an 110–1135292–6 04/23/89 02/19/93 11012906159 03/09/89 06/29/90 entry under subsection (a) shall be paid by 110–1135479–9 05/04/89 12/28/92 11012908841 03/21/89 06/29/90 the Customs Service within 90 days after 110–1136014–3 06/01/89 02/19/93 11012910227 03/28/89 06/29/90 such liquidation or reliquidation. 110–1136111–7 06/09/89 02/19/93 11012911407 04/06/89 07/21/89 (c) ENTRY LIST.—The entries referred to in 110–1136287–5 06/15/89 12/28/92 11012911415 04/06/89 06/29/90 subsection (a) are the following: 110–1136678–5 07/14/88 02/19/93 11012911423 04/06/89 06/29/90 110–1136815–3 07/17/89 12/28/92 11012916240 05/04/89 06/29/90 Entry Number Entry Date 110–1137008–4 07/17/89 02/19/93 11012922586 06/06/89 06/29/90 (4601)016–0112223–5 ...... April 4, 1990 (4601)710–0225218–8 ...... August 24, 1990 110–1137010–0 07/28/89 02/19/93 11012923964 06/15/89 06/29/90 (4601)710–0225239–4 ...... September 5, 1990 110–1231614–4 12/06/88 02/17/89 11012928534 07/11/89 06/29/90 (4601)710–0226079–3 ...... May 21, 1991 110–1231630–0 12/13/88 02/17/89 11012929771 07/19/89 06/29/90 (1704)J50–0016544–7 ...... January 31, 1991 110–1231666–4 12/30/88 02/17/89 11010060926 12/05/89 12/14/90 (4601)016–0112237–5 ...... April 19, 1990 11012137037 10/02/90 06/12/92 (4601)710–0226033–0 ...... May 7, 1991 110–1231694–6 01/16/89 03/24/89 (4601)710–0226078–5 ...... May 15, 1991 110–1231708–4 01/30/89 03/24/89 11012941107 09/19/89 08/21/92 (4601)710–0225181–8 ...... August 24, 1990 110–1231767–0 03/12/89 07/14/89 11012942238 09/28/89 08/21/92 (4601)710–0225381–4 ...... October 3, 1990. 110–1232086–4 07/27/89 12/01/89 11012943319 10/05/89 08/21/92 110–1287256–7 09/20/88 09/08/89 11012944374 10/13/89 03/02/90 CHAPTER 2—SPECIAL CLASSIFICATION 110–1287285–6 09/22/88 09/15/89 11012944390 10/12/89 08/21/92 RELATING TO PRODUCT DEVELOPMENT 110–1287442–3 09/29/88 06/29/90 11012944408 10/13/89 08/21/92 AND TESTING 110–1287491–0 09/27/88 06/29/90 11012946932 10/26/89 08/21/92 SEC. 1411. SHORT TITLE. 110–1287631–1 09/29/88 06/29/90 11012950918 11/17/89 11/09/90 This chapter may be cited as the ‘‘Product 110–1287693–1 10/06/88 06/29/90 11012952351 11/21/89 08/21/92 Development and Testing Act of 2000’’. 110–1288491–9 11/10/88 06/29/90 11012953821 11/29/89 08/21/92 SEC. 1412. FINDINGS; PURPOSE. 110–1288492–7 11/10/88 06/29/90 11012954621 12/07/89 08/21/92 (a) FINDINGS.—The Congress finds the fol- 110–1288937–1 12/08/88 06/29/90 11012954803 12/07/89 08/21/92 lowing: 110–1710118–6 01/27/89 01/13/89 11010103270 01/23/90 05/11/90 (1)(A) A substantial amount of develop- 110–1137082–9 09/03/89 2/19/93 11011425391 06/16/90 02/19/93 ment and testing occurs in the United States 110–1138058–8 10/11/89 2/19/93 11015255588 07/03/90 11/02/90 incident to the introduction and manufac- 110–1138059–6 09/28/89 2/19/93 11018670254 01/11/90 01/22/90 ture of new products for both domestic con- 110–1138691–6 11/02/89 2/19/93 11018671211 01/11/90 01/30/90 sumption and export overseas. 110–1138698–1 11/02/89 2/19/93 11018113123 06/06/90 (B) Testing also occurs with respect to 110–1139217–9 12/09/89 2/19/93 11010113105 09/06/90 01/04/91 merchandise that has already been intro- 110–1139218–7 12/09/89 12/21/89 11018133634 12/05/90 duced into commerce to insure that it con- 110–1139219–5 12/02/89 2/19/93 SEC. 1404. ANTIFRICTION BEARINGS. tinues to meet specifications and performs as 110–1139481–1 01/05/90 2/19/93 (a) LIQUIDATION OR RELIQUIDATION OF EN- designed. 110–1140423–0 02/17/90 2/19/93 TRIES.—Notwithstanding sections 514 and 520 (2) The development and testing that oc- 110–1140641–7 03/08/90 2/19/93 of the Tariff Act of 1930 (19 U.S.C. 1514 and curs in the United States incident to the in- 110–1141086–4 04/01/90 2/19/93 1520) or any other provision of law, the troduction and manufacture of new products, 110–1142313–1 06/06/90 2/19/93 United States Customs Service shall, not and with respect to products which have al- 110–1142728–0 06/30/90 2/19/93 later than 90 days after the date of the enact- ready been introduced into commerce, rep- 110–1232095–5 08/06/89 12/01/89 ment of this Act, liquidate or reliquidate resents a significant industrial activity em- 110–1232136–7 09/02/89 12/29/89 those entries made at various ports, which ploying highly-skilled workers in the United 110–1293737–8 08/29/89 8/21/92 are listed in subsection (c), in accordance States. 110–1293738–6 08/31/89 8/21/92 with the final results of the administrative (3)(A) Under the current laws affecting the 110–1293859–0 09/07/89 8/21/92 reviews, covering the periods from November importation of merchandise, such as the pro- 110–1293861–6 09/06/89 8/21/92 9, 1988, through April 30, 1990, from May 1, visions of part I of title IV of the Tariff Act 110–1294009–1 09/14/89 8/21/92 1990, through April 30, 1991, and from May 1, of 1930 (19 U.S.C. 1401 et seq.), goods com- 110–1294111–5 09/19/89 8/21/92 1991, through April 30, 1992, conducted by the monly referred to as ‘‘prototypes’’, used for 110–1294328–5 10/05/89 8/21/92 International Trade Administration of the product development testing and product 110–1294685–8 10/24/89 8/21/92 Department of Commerce for such entries evaluation purposes, are subject to customs 110–1294686–6 10/24/89 8/21/92 (Case No. A–427–801). duty upon their importation into the United 110–1294798–9 10/31/89 8/21/92 (b) PAYMENT OF AMOUNTS OWED.—Any States unless the prototypes qualify for 110–1295026–4 11/09/89 8/21/92 amounts owed by the United States pursuant duty-free treatment under special trade pro- 110–1295087–6 11/14/89 3/16/90 to the liquidation or reliquidation of an grams or unless the prototypes are entered 110–1295088–4 11/16/89 8/21/92 entry under subsection (a) shall be paid by under a temporary importation bond.

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(B) In addition, the United States Customs case, duty will only be assessed once, upon (b) PURPOSE.—The purpose of this chapter Service has determined that the value of pro- the importation of production merchandise. is to promote product development and test- totypes is to be included in the value of pro- (B) Assessing duty on these prototypes ing in the United States by permitting the duction articles if the prototypes are the re- twice unnecessarily inflates the cost to busi- importation of prototypes on a duty-free sult of the same design and development ef- nesses, thus reducing their competitiveness. basis. fort as the articles. (5) Current methods for avoiding the exces- (4)(A) Assessing duty on prototypes twice, sive assessment of customs duties on the im- SEC. 1413. AMENDMENTS TO HARMONIZED TAR- once when the prototypes are imported and a portation of prototypes, including the use of IFF SCHEDULE OF THE UNITED second time thereafter as part of the cost of STATES. temporary importation entries and obtaining imported production merchandise, discour- drawback, are unwieldy, ineffective, and dif- (a) HEADING.—Subchapter XVII of Chapter ages development and testing in the United ficult for both importers and the United 98 is amended by inserting in numerical se- States, and thus encourages development quence the following new heading: and testing to occur overseas, since, in that States Customs Service to administer.

‘‘ 9817.85.01 Prototypes to be used exclusively for development, testing, product evalua- tion or quality control purposes ...... Free The rate ap- plicable in the ab- sence of ’’. this head- ing (b) U.S. NOTE.—The U.S. Notes to sub- come final as of the date of enactment of United States have a right to know if prod- chapter XVII of chapter 98 are amended by this Act. ucts offered for sale contain dog or cat fur adding at the end the following: CHAPTER 3—PROHIBITION ON IMPORTA- and to ensure that they are not unwitting ‘‘6. The following provisions apply to head- TION OF PRODUCTS MADE WITH DOG participants in this gruesome trade. ing 9817.85.01: OR CAT FUR (8) Persons who engage in the sale of dog or ‘‘(a) The term ‘prototypes’ means originals SEC. 1421. SHORT TITLE. cat fur products, including the fraudulent or models of articles that— This chapter may be cited as the ‘‘Dog and trade practices identified above, gain an un- ‘‘(i) are either in the preproduction, pro- Cat Protection Act of 2000’’. fair competitive advantage over persons who duction, or postproduction stage and are to SEC. 1422. FINDINGS AND PURPOSES. engage in legitimate trade in apparel, toys, be used exclusively for development, testing, (a) FINDINGS.—Congress makes the fol- and other products, and derive an unfair ben- product evaluation, or quality control pur- lowing findings: efit from consumers who buy their products. poses; and (1) An estimated 2,000,000 dogs and cats are (9) The imposition of a ban on the sale, ‘‘(ii) in the case of originals or models of slaughtered and sold annually as part of the manufacture, offer for sale, transportation, articles that are either in the production or international fur trade. Internationally, dog and distribution of dog and cat fur products, postproduction stage, are associated with a and cat fur is used in a wide variety of prod- regardless of their source, is consistent with design change from current production (in- ucts, including fur coats and jackets, fur the international obligations of the United cluding a refinement, advancement, im- trimmed garments, hats, gloves, decorative States as it applies equally to domestic and provement, development, or quality control accessories, stuffed animals, and other toys. foreign entities. Such a ban is also con- in either the product itself or the means for (2) The United States represents one of the sistent with provisions of international producing the product). largest markets for the sale of fur and fur agreements to which the United States is a For purposes of clause (i), automobile rac- products in the world. Market demand for party that expressly allow for measures de- ing shall not be considered to be ‘‘develop- fur products in the United States has led to signed to protect the health and welfare of ment, testing, product evaluation, or quality the introduction of dog and cat fur products animals and to enjoin the use of deceptive control.’’. into United States commerce, frequently trade practices in international or domestic ‘‘(b)(i) Prototypes (as defined in paragraph based on deceptive or fraudulent labeling of commerce. (a)) may only be imported in limited non- the products to disguise the true origin of (b) PURPOSES.—The purposes of this chap- commercial quantities in accordance with the fur. ter are to— industry practice. (3) Dog and cat fur, when dyed, is not eas- (1) prohibit imports, exports, sale, manu- ‘‘(ii) Prototypes (as defined in paragraph ily distinguishable to persons who are not facture, offer for sale, transportation, and (a)), or parts of prototypes, may not be sold experts from other furs such as fox, rabbit, distribution in the United States of dog and (including sale for scrap purposes) after im- coyote, wolf, and mink, and synthetic mate- cat fur products, in order to ensure that portation into the United States or be incor- rials made to resemble real fur. Dog and cat United States market demand does not pro- porated into other products. fur is generally less expensive than other vide an incentive to slaughter dogs or cats ‘‘(c) Articles subject to quantitative re- types of fur and may be used as a substitute for their fur; strictions, antidumping orders, or counter- for more expensive types of furs, which pro- (2) require accurate labeling of fur species vailing duty orders, may not be classified as vides an incentive to engage in unfair or so that consumers in the United States can prototypes under this note. Articles subject fraudulent trade practices in the importa- make informed choices and ensure that they to licensing requirements, or which must tion, exportation, distribution, or sale of fur are not unwitting contributors to this grue- comply with laws, rules, or regulations ad- products, including deceptive labeling and some trade; and ministered by agencies other than the other practices designed to disguise the true (3) ensure that the customs laws of the United States Customs Service before being contents or origin of the product. United States are not undermined by illicit imported, may be classified as prototypes, (4) Forensic texts have documented that international traffic in dog and cat fur prod- provided that they comply with all applica- dog and cat fur products are being imported ucts. ble provisions of law and otherwise meet the into the United States subject to deceptive SEC. 1423. PROHIBITION ON IMPORTATION OF definition of ‘prototypes’ under paragraph labels or other practices designed to conceal PRODUCTS MADE WITH DOG OR CAT (a).’’. the use of dog or cat fur in the production of FUR. SEC. 1414. ENTRY PROCEDURES. wearing apparel, toys, and other products. Title III of the Tariff Act of 1930 is amend- ed by inserting after section 307 the fol- The Secretary of the Treasury shall estab- (5) Publicly available evidence reflects on- lowing new section: lish regulations for the identification of pro- going significant use of dogs and cats bred totypes at the time of importation into the expressly for their fur by foreign fur pro- ‘‘SEC. 308. PROHIBITIONS ON IMPORTATION OF United States in accordance with the provi- ducers for manufacture into wearing apparel, AND OTHER COMMERCE IN DOG AND CAT FUR PRODUCTS. sions of this chapter and the amendments toys, and other products that have been in- made by this chapter. troduced into United States commerce. The ‘‘(a) DEFINITIONS.—In this section: evidence indicates that foreign fur producers ‘‘(1) CAT FUR.—The term ‘cat fur’ means SEC. 1415. EFFECTIVE DATE. also rely on the use of stray dogs and cats the pelt or skin of any animal of the species This chapter, and the amendments made and stolen pets for the manufacture of fur Felis catus. by this chapter, shall apply with respect to— products destined for the world and United ‘‘(2) COMMERCE.—The term ‘commerce’ (1) an entry of a prototype under heading States markets. means the transportation for sale, trade, or 9817.85.01, as added by section 1413(a), on or (6) The methods of housing, transporting, use between any State, territory, or posses- after the date of the enactment of this Act; and slaughtering dogs and cats for fur pro- sion of the United States, or the District of and duction are generally unregulated and inhu- Columbia, and any place outside thereof. (2) an entry of a prototype (as defined in mane. ‘‘(3) CUSTOMS LAWS.—The term ‘customs U.S. Note 6(a) to subchapter XVII of chapter (7) The trade of dog and cat fur products is laws of the United States’ means any other 98, as added by section 1413(b)) under heading ethically and aesthetically abhorrent to law or regulation enforced or administered 9813.00.30 for which liquidation has not be- United States citizens. Consumers in the by the United States Customs Service.

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‘‘(4) DOG FUR.—The term ‘dog fur’ means products effectively and to take appropriate chandise which is placed on board aircraft on the pelt or skin of any animal of the species action to enforce this section.’’. international flights for sale to passengers, Canis familiaris. CHAPTER 4—MISCELLANEOUS but which is not merchandise incidental to ‘‘(5) DOG OR CAT FUR PRODUCT.—The term PROVISIONS the operation of a duty-free sales enterprise; ‘dog or cat fur product’ means any item of ‘‘(B) the term ‘staging area’ is an area con- SEC. 1431. ALTERNATIVE MID-POINT INTEREST merchandise which consists, or is composed ACCOUNTING METHODOLOGY FOR trolled by the proprietor of a bonded ware- in whole or in part, of any dog fur, cat fur, UNDERPAYMENT OF DUTIES AND house outside of the physical parameters of or both. FEES. the bonded warehouse in which manipulation ‘‘(6) PERSON.—The term ‘person’ includes Section 505(c) of the Tariff Act of 1930 (19 of international travel merchandise in carts any individual, partnership, corporation, as- U.S.C. 1505(c)) is amended by striking ‘‘For occurs; sociation, organization, business trust, gov- the period beginning on’’ and all that follows ‘‘(C) the term ‘duty-free merchandise’ ernment entity, or other entity subject to through ‘‘the Secretary may prescribe’’ and means merchandise on which the liability for the jurisdiction of the United States. inserting ‘‘The Secretary may prescribe’’. payment of duty or tax imposed by reason of ‘‘(7) SECRETARY.—The term ‘Secretary’ SEC. 1432. EXCEPTION FROM MAKING REPORT OF importation has been deferred pending ex- means the Secretary of the Treasury. ARRIVAL AND FORMAL ENTRY FOR portation from the customs territory; ‘‘(8) UNITED STATES.—The term ‘United CERTAIN VESSELS. ‘‘(D) the term ‘manipulation’ means the re- States’ means the customs territory of the (a) REPORT OF ARRIVAL AND FORMAL ENTRY packaging, cleaning, sorting, or removal United States, as defined in general note 2 of OF VESSELS.—(1) Section 433(a)(1)(C) of the from or placement on carts of international the Harmonized Tariff Schedule of the Tariff Act of 1930 (19 U.S.C. 1433(a)(1)(C)) is travel merchandise; and United States. amended by striking ‘‘bonded merchandise, ‘‘(E) the term ‘cart’ means a portable con- ‘‘(b) PROHIBITIONS.—It shall be unlawful for or’’. tainer holding international travel merchan- any person to— (2) Section 434(a)(3) of the Tariff Act of 1930 dise on an aircraft for exportation. ‘‘(1) import into, or export from, the (19 U.S.C. 1434(a)(3)) is amended by striking ‘‘(2) BONDED WAREHOUSE FOR INTERNATIONAL United States any dog or cat fur product; or ‘‘bonded merchandise or’’. TRAVEL MERCHANDISE.—The Secretary shall ‘‘(2) introduce into interstate commerce, (3) Section 91(a)(2) of the Appendix to title by regulation establish a separate class of manufacture for introduction into interstate 46, United States Code, is amended by strik- bonded warehouse for the storage and manip- commerce, sell, trade, or advertise in inter- ing ‘‘bonded merchandise or’’. ulation of international travel merchandise state commerce, offer to sell, or transport or (b) ADDITIONAL AMENDMENT.—Section 441 of pending its placement on board aircraft de- distribute in interstate commerce in the the Tariff Act of 1930 (19 U.S.C. 1441) is parting for foreign destinations. United States, any dog or cat fur product. amended by adding at the end the following ‘‘(3) RULES FOR TREATMENT OF INTER- This subsection shall not apply to the impor- new paragraph: NATIONAL TRAVEL MERCHANDISE AND BONDED tation, exportation, or transportation by an ‘‘(7) Any vessel required to anchor at the WAREHOUSES AND STAGING AREAS.—(A) The individual, for noncommercial purposes, of Belle Isle Anchorage in the waters of the De- proprietor of a bonded warehouse established his or her personal pet that is deceased, in- troit River in the State of Michigan, for the for the storage and manipulation of inter- cluding a pet preserved through taxidermy. purposes of awaiting the availability of national travel merchandise shall give a ‘‘(c) PENALTIES AND ENFORCEMENT.— cargo or berthing space or for the purpose of bond in such sum and with such sureties as ‘‘(1) CIVIL PENALTIES.—Any person who vio- taking on a pilot or awaiting pilot services, may be approved by the Secretary of the lates any provision of this section or any or at the direction of the Coast Guard, prior regulation issued under this section may, in Treasury to secure the Government against to proceeding to the Port of Toledo, Ohio, any loss or expense connected with or arising addition to any other civil or criminal pen- where the vessel makes entry under section alty that may be imposed under section 592 from the deposit, storage, or manipulation of 434 or obtains clearance under section 4197 of merchandise in such warehouse. The ware- of this Act or any other provision of law, be the Revised Statutes of the United States.’’. assessed a civil penalty by the Secretary of house proprietor’s bond shall also secure the SEC. 1433. DESIGNATION OF SAN ANTONIO INTER- not more than $5,000. manipulation of international travel mer- NATIONAL AIRPORT FOR CUSTOMS chandise in a staging area. ‘‘(2) ENFORCEMENT.—The provisions of this PROCESSING OF CERTAIN PRIVATE ‘‘(B) A transfer of liability from the inter- section and any regulations issued under this AIRCRAFT ARRIVING IN THE UNITED national carrier to the warehouse proprietor section shall be enforced by the Secretary. In STATES. occurs when the carrier assigns custody of imposing penalties under paragraph (1), the (a) DESIGNATION.—For the 2-year period be- Secretary shall take into account the seri- ginning on the date of the enactment of this international travel merchandise to the ousness of the violation, the culpability of Act, the Commissioner of the Customs Serv- warehouse proprietor for purposes of entry the violator, and the violator’s record of co- ice shall designate the San Antonio Inter- into warehouse or for manipulation in the operating with the Government in disclosing national Airport in San Antonio, Texas, as staging area. the violation. an airport at which private aircraft de- ‘‘(C) A transfer of liability from the ware- house proprietor to the international carrier ‘‘(3) REGULATIONS.—Not later than 180 days scribed in subsection (b) may land for proc- after the date of enactment of this section, essing by the Customs Service in accordance occurs when the bonded warehouse propri- the Secretary shall, after notice and oppor- with section 122.24(b) of title 19, Code of Fed- etor assigns custody of international travel tunity for comment, issue regulations to eral Regulations. merchandise to the carrier. ‘‘(D) The Secretary is authorized to pro- carry out the provisions of this section. (b) PRIVATE AIRCRAFT.—Private aircraft mulgate regulations to require the propri- ‘‘(4) COORDINATION WITH OTHER LAWS.— described in this subsection are private air- Nothing in this section shall be construed as craft that— etor and the international carrier to keep superseding or limiting in any manner the (1) arrive in the United States from a for- records of the disposition of any cart functions and responsibilities of the Sec- eign area and have a final destination in the brought into the United States and all mer- retary of the Treasury under the customs United States of San Antonio International chandise on such cart.’’. laws of the United States. Airport in San Antonio, Texas; and SEC. 1435. CHANGE IN RATE OF DUTY OF GOODS ‘‘(d) REPORTS.—In order to enable Congress (2) would otherwise be required to land for RETURNED TO THE UNITED STATES to engage in active, continuing oversight of processing by the Customs Service at an air- BY TRAVELERS. this section, the Secretary shall provide the port listed in section 122.24(b) of title 19, Subchapter XVI of chapter 98 is amended following: Code of Federal Regulations, in accordance as follows: ‘‘(1) PLAN FOR ENFORCEMENT.—Within 3 with such section. (1) Subheading 9816.00.20 is amended— months after the date of enactment of this (c) DEFINITION.—In this section, the term (A) effective January 1, 2000, by striking section, the Secretary shall submit to Con- ‘‘private aircraft’’ has the meaning given ‘‘10 percent’’ each place it appears and in- gress a plan for the enforcement of the provi- such term in section 122.23(a)(1) of title 19, serting ‘‘5 percent’’; sions of this section, including training and Code of Federal Regulations. (B) effective January 1, 2001, by striking ‘‘5 procedures to ensure that Customs Service (d) REPORT.—The Commissioner of the Cus- percent’’ each place it appears and inserting personnel are equipped with state-of-the-art toms Service shall prepare and submit to ‘‘4 percent’’; and technologies to identify potential dog or cat Congress a report on the implementation of (C) effective January 1, 2002, by striking ‘‘4 fur products and to determine the true con- this section for 2001 and 2002. percent’’ each place it appears and inserting tent of such products. SEC. 1434. INTERNATIONAL TRAVEL MERCHAN- ‘‘3 percent’’. ‘‘(2) REPORT ON ENFORCEMENT EFFORTS.— DISE. (2) Subheading 9816.00.40 is amended— Not later than 1 year after the date of enact- Section 555 of the Tariff Act of 1930 (19 (A) effective January 1, 2000, by striking ‘‘5 ment of this section, and on an annual basis U.S.C. 1555) is amended by adding at the end percent’’ each place it appears and inserting thereafter, the Secretary shall submit a re- the following: ‘‘3 percent’’; port to Congress on the efforts of the Depart- ‘‘(c) INTERNATIONAL TRAVEL MERCHAN- (B) effective January 1, 2001, by striking ‘‘3 ment of the Treasury to enforce the provi- DISE.— percent’’ each place it appears and inserting sions of this section and the adequacy of the ‘‘(1) DEFINITIONS.—For purposes of this ‘‘2 percent’’; and resources to do so. The report shall include section— (C) effective January 1, 2002, by striking ‘‘2 an analysis of the training of Customs Serv- ‘‘(A) the term ‘international travel mer- percent’’ each place it appears and inserting ice personnel to identify dog and cat fur chandise’ means duty-free or domestic mer- ‘‘1.5 percent’’.

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00142 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.111 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6921 SEC. 1436. TREATMENT OF PERSONAL EFFECTS OF PARTICIPANTS IN INTER- NATIONAL ATHLETIC EVENTS. (a) IN GENERAL.—Subchapter XVII of chap- ter 98 is amended by inserting in numerical sequence the following new heading:

‘‘ 9817.60.00 Any of the following articles not intended for sale or distribution to the pub- lic: personal effects of aliens who are participants in, officials of, or accred- ited members of delegations to, an international athletic event held in the United States, such as the Olympics, the Goodwill Games, the Special Olympics World Games, the World Cup Soccer Games, or any similar inter- national athletic event as the Secretary of the Treasury may determine, and of persons who are immediate family members of or servants to any of the foregoing persons; equipment and materials imported in connection with any such foregoing event by or on behalf of the foregoing persons or the organizing committee of such an event, articles to be used in exhibi- tions depicting the culture of a country participating in such an event; and, if consistent with the foregoing, such other articles as the Secretary of the Treasury may allow ...... Free Free ’’. (b) TAXES, FEES, INSPECTION.—The U.S. for a period of not less than 2 years, renew- and data reporting for other purposes such as Notes to chapter XVII of chapter 98 are able thereafter on an annual basis, at Fort collection of revenue and statistics; amended by adding at the end the following Lauderdale-Hollywood International Air- (B) reduce to a minimum data required for new note: port. The agreement shall provide personnel determining the admissibility of goods and ‘‘6. Any article exempt from duty under and infrastructure necessary to conduct release of goods, consistent with the protec- heading 9817.60.00 shall be free of taxes and cargo clearance, inspection, or other cus- tion of public health, safety, or welfare, or fees that may otherwise be applicable, but toms services as needed to accommodate car- achievement of other policy goals of the shall not be free or otherwise exempt or ex- riers using this airport. When such servcies United States; cluded from routine or other inspections as have been provided on a fee-for-service basis (C) eliminate or find more efficient means may be required by the Customs Service.’’ for at least 2 years and the commercial con- of collecting data for other purposes that are (b) EFFECTIVE DATE.—The amendments sumption entry level reaches 29,000 entries unnecessary, overly burdensome, or redun- made by this section apply to goods entered, per year, the Commissioner of Customs shall dant; and or withdrawn from warehouse, for consump- continue to provide cargo clearance, inspec- (D) enable the implementation, as soon as tion, on or after the date of the enactment of tion or other customs services, and no possible, of the import activity summary this Act. charges, other than those fees authorized by statement authorized by section 411 of the (c) TERMINATION OF TEMPORARY PROVI- section 13031(a) of the Consolidated Omnibus Tariff Act of 1930 (19 U.S.C. 1411) as a means SIONS.—Heading 9902.98.08 shall, notwith- Budget Reconciliation Act of 1985 (19 U.S.C. of— standing any provision of such heading, 58c(a)), may be collected for those services. (i) fully separating and removing the link- cease to be effective on the date of the enact- age between the functions of collecting rev- ment of this Act. SEC. 1441. TREATMENT OF CERTAIN MULTIPLE ENTRIES OF MERCHANDISE AS SIN- enue and statistics and the function of deter- SEC. 1437. COLLECTION OF FEES FOR CUSTOMS GLE ENTRY. mining the admissibility of goods that must SERVICES FOR ARRIVAL OF CER- TAIN FERRIES. (a) IN GENERAL.—Section 484 of the Tariff be performed for each shipment of goods en- Section 13031(b)(1)(A)(iii) of the Consoli- Act of 1930 (19 U.S.C. 1484) is amended by add- tering the United States; and dated Omnibus Budget Reconciliation Act of ing at the end the following: (ii) allowing for periodic, consolidated fil- 1985 (19 U.S.C. 58c(b)(1)(A)(iii)) is amended to ‘‘(j) TREATMENT OF MULTIPLE ENTRIES OF ing of data not required for determinations read as follows: MERCHANDISE AS SINGLE TRANSACTION.—In of admissibility. ‘‘(iii) the arrival of a ferry, except for a the case of merchandise that is purchased (b) SPECIFIC MATTERS.—In preparing the ferry whose operations begin on or after Au- and invoiced as a single entity but— report required by subsection (a), the Sec- gust 1, 1999, and that operates south of 27 de- ‘‘(1) is shipped in an unassembled or dis- retary of the Treasury shall specifically re- grees latitude and east of 89 degrees lon- assembled condition in separate shipments port on the following: gitude; or’’. due to the size or nature of the merchandise, (1) Import procedures, including specific SEC. 1438. ESTABLISHMENT OF DRAWBACK or data items collected, that are required prior BASED ON COMMERCIAL INTER- ‘‘(2) is shipped in separate shipments due and subsequent to the release of goods or CHANGEABILITY FOR CERTAIN RUB- to the inability of the carrier to include all conveyances, identifying the rationale and BER VULCANIZATION ACCELERA- of the merchandise in a single shipment (at legal basis for each procedure and data re- TORS. the instruction of the carrier), quirement, uses of data collected, and proce- (a) IN GENERAL.—The United States Cus- the Customs Service may, upon application dures or data requirements that could be toms Service shall treat the chemical N- by an importer in advance, treat such sepa- eliminated, or deferred and consolidated into cyclohexyl-2-benzothiazolesulfenamide and rate shipments for entry purposes as a single periodic reports such as the import activity the chemical N-tert-Butyl-2- transaction.’’. summary statement. benzothiazolesulfenamide as ‘‘commercially (b) REGULATIONS.—Not later than 6 months (2) The identity of data and factors nec- interchangeable’’ within the meaning of sec- after the date of the enactment of this Act, essary to determine whether physical inspec- tion 313(j)(2) of the Tariff Act of 1930 (19 the Secretary of the Treasury shall issue tions should be conducted. U.S.C. 1313(j)(2)) for purposes of permitting regulations to carry out section 484(j) of the (3) The cost of data collection. drawback under section 313 of the Tariff Act Tariff Act of 1930, as added by subsection (a). (4) Potential alternative sources and meth- of 1930 (19 U.S.C. 1313.). odologies for collecting data, taking into ac- (b) APPLICABILITY.—Subsection (a) shall SEC. 1442. REPORT ON CUSTOMS PROCEDURES. apply with respect to any entry, or with- (a) REVIEW AND REPORT.—The Secretary of count the costs and other consequences to drawal from warehouse for consumption, of the Treasury shall— importers, exporters, carriers, and the Gov- the chemical N-cyclohexyl-2- (1) review, in consultation with United ernment of choosing alternative sources. benzothiazolesulfenamide before, on, or after States importers and other interested par- (5) Recommended changes to the law, regu- the date of the enactment of this Act, that is ties, including independent third parties se- lations of any agency, or other measures eligible for drawback within the time period lected by the Secretary for the purpose of that would improve the efficiency of proce- provided in section 313(j)(2)(B) of the Tariff conducting such review, customs procedures dures and systems of the United States Gov- Act of 1930 (19 U.S.C. 1313(j)(2)(B)). and related laws and regulations applicable ernment for regulating international trade, SEC. 1439. EXEMPTION FROM IMPORT PROHIBI- to goods and commercial conveyances enter- without compromising the effectiveness of TION. ing the United States; and procedures and systems required by law. Notwithstanding any other provision of (2) report to the Congress, not later than Subtitle C—Effective Date law, Executive Order 13067 of November 3, 180 days after the date of enactment of this 1997, shall not apply with respect to imports Act, on changes that should be made to re- SEC. 1451. EFFECTIVE DATE. of articles described in headings 1301.20.00 duce reporting and record retention require- Except as otherwise provided in this title, and 1301.90.90 (other than balsams, ments for commercial parties, specifically the amendments made by this title shall tragacanth, and karaya). addressing changes needed to— apply with respect to goods entered, or with- SEC. 1440. CARGO INSPECTION. (A) separate fully and remove the linkage drawn from warehouse, for consumption, on The Commissioner of Customs is author- between data reporting required to deter- or after the 15th day after the date of enact- ized to establish a fee-for-service agreement mine the admissibility and release of goods ment of this Act.

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00143 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.111 pfrm02 PsN: H25PT1 H6922 CONGRESSIONAL RECORD — HOUSE July 25, 2000 TITLE II—OTHER TRADE PROVISIONS duty free treatment to participants I ask that you include a copy of this SEC. 2001. TRADE ADJUSTMENT ASSISTANCE FOR and individuals associated with all letter and your response in your com- CERTAIN WORKERS AFFECTED BY international athletic events held in mittee’s report on the legislation and ENVIRONMENTAL REMEDIATION OR ECORD CLOSURE OF A COPPER MINING FA- the United States. the R during consideration of the CILITY. The bill also contains a ban on the bill on the House floor. I remain, (a) CERTIFICATION OF ELIGIBILITY FOR import of products made from dog and Sincerely, WORKERS REQUIRED FOR CLOSURE OF FACIL- cat fur and provisions that would help TOM BLILEY, ITY.— simplify customs entry processing. Chairman. (1) IN GENERAL.—Notwithstanding any This package of trade bills has been Mr. Speaker, I reserve the balance of other provision of law or any decision by the thoroughly evaluated and commented my time. Secretary of Labor denying certification or on by all concerned parties, including Mr. LEVIN. Mr. Speaker, I yield my- eligibility for certification for adjustment the U.S. Customs Service, the Inter- self such time as I may consume. assistance under title II of the Trade Act of 1974, a qualified worker described in para- national Trade Commission, the United Mr. Speaker, I rise in support of H.R. graph (2) shall be certified by the Secretary States Trade Representative, and firms 4868. This bill reflects a bipartisan ef- as eligible to apply for adjustment assist- which may be affected by tariff suspen- fort. It reflects the input of individual ance under such title II. sion on a product they produced domes- Members as well as the administration. (2) QUALIFIED WORKER.—For purposes of tically. The suspensions and duty re- The rule of thumb in putting this bill this subsection, a ‘‘qualified worker’’ means ductions that remain on the bill are together, as in the past, was the provi- a worker who— completely noncontroversial. sions should be noncontroversial and (A) was determined to be covered under Mr. Speaker, I include for the carry a minimal cost. That rule was Trade Adjustment Assistance Certification RECORD the following exchange of let- TA–W–31,402; and followed here. (B) was necessary for the environmental ters: As the title suggests, the provisions remediation or closure of a copper mining fa- COMMITTEE ON WAYS AND MEANS, in this bill are of a technical nature, cility. U.S. HOUSE OF REPRESENTATIVES, but these technical changes can have a (b) EFFECTIVE DATE.—The amendment Washington, DC, July 18, 2000. real concrete impact on U.S. busi- made by this section shall take effect on the Hon. TOM BLILEY, nesses, farmers, workers, and con- date of enactment of this Act. Chairman, Committee on Commerce, U.S. House sumers. The SPEAKER pro tempore. Pursu- of Representatives, Washington, DC. For example, the bill suspends or re- ant to the rule, the gentleman from Il- DEAR MR. CHAIRMAN: Thank you for your letter regarding your Committee’s jurisdic- duces import duties on over 150 items. linois (Mr. CRANE) and the gentleman tional interest in H.R. 4868, the ‘‘Miscella- This improves the competitiveness of from Michigan (Mr. LEVIN) each will neous Trade and Technical Corrections Act domestic manufacturing by reducing control 20 minutes. of 2000.’’ the price of inputs. It also provides a The Chair recognizes the gentleman I acknowledge your Committee’s jurisdic- benefit to consumers by reducing the from Illinois (Mr. CRANE). tion over this legislation and appreciate price of goods not produced in commer- your cooperation in moving the bill to the GENERAL LEAVE cial quantities in the U.S., including House floor expeditiously. I agree that your Mr. CRANE. Mr. Speaker, I ask unan- decision to forego further action on the bill anti-HIV/AIDS drugs. imous consent that all Members may will not prejudice the Commerce Committee The bill also includes an important have 5 legislative days within which to with respect to its jurisdictional preroga- provision to encourage product devel- revise and extend their remarks and in- tives on this or similar legislation, and will opment and testing in the United clude extraneous material on H.R. 4868. support your request for conferees on those States. It makes the importation of The SPEAKER pro tempore. Is there provisions within the Committee on Com- prototypes for development, testing, objection to the request of the gen- merce’s jurisdiction should they be the sub- product evaluation, or quality control tleman from Illinois? ject of a House-Senate conference. I will also purposes duty free. There was no objection. include a copy of your letter and this re- sponse in our report on the legislation and as Currently, the value of such proto- Mr. CRANE. Mr. Speaker, I yield my- part of the Congressional Record when the types is effectively taxed twice, once self such time as I may consume. legislation is considered by the House. when the prototype was imported for Mr. Speaker, H.R. 4868 would make Thank you again for your cooperation. testing and again as part of the value miscellaneous and other technical and Sincerely, of the finished product. This bill would clerical corrections to the trade laws. BILL ARCHER, eliminate that double dip which dis- The Committee on Ways and Means fa- Chairman. courages testing and development of vorably reported the bill on July 19, products in our country. U.S. HOUSE OF REPRESENTATIVES, 2000. COMMITTEE ON COMMERCE, The bill also includes important pro- This bill contains over 155 provisions Washington, DC, July 18, 2000. visions to streamline import proc- temporarily suspending or reducing du- Hon. BILL ARCHER, essing. This will alleviate some of the ties on a wide variety of chemicals, in- Chairman, Committee on Ways and Means, administrative burden that can delay cluding drugs used in the battle Washington, DC. the shipment of goods from port to against HIV/AIDS and anticancer DEAR BILL: I am writing regarding H.R. consumer. drugs, environmentally friendly herbi- 4868, the Miscellaneous Trade and Technical Finally, I would like to mention Corrections Act of 2000. As you know, section cides and insecticides, and many or- 1423 of this legislation prohibits the importa- that, thanks to the hard work of the ganic dyes. tion and other commerce in products con- able gentleman from Wisconsin (Mr. In each instance, there is either no taining dog and cat fur. The Committee on KLECZKA), my friend and colleague, the domestic production of the product in- Commerce has jurisdiction over this provi- bill contains a prohibition on importa- volved or the domestic producer sup- sion pursuant to its authority over inter- tion of goods made from dog or cat fur. ported the measure. state and foreign commerce generally pursu- This is a significant provision that By suspending or reducing these du- ant to clause I of Rule X of the Rules of the serves a humane consumer protection ties, we can enable U.S. companies that House of Representatives. However, in light of your desire to have purpose, and we are very pleased to be use these products to be more competi- the House consider this legislation expedi- in support of it. tive and cost efficient. This would help tiously, I will not exercise the Committee on I urge my colleagues to support pas- create jobs for American workers as Commerce’s right to act on the legislation. sage of this bill. well as reduce costs for consumers. By agreeing to waive its consideration of the Mr. Speaker, I reserve the balance of Also, the bill includes two other im- bill, however, the Commerce Committee does my time. portant provisions which I introduced not waive its jurisdiction over this bill. In Mr. CRANE. Mr. Speaker, I yield 21⁄2 earlier in this Congress. The first pro- addition, the Commerce Committee reserves minutes to the distinguished gen- its authority to seek conferees on any provi- vision would reduce the duty rate, re- tleman from Florida (Mr. SHAW), a sions of the bill that are within the jurisdic- turning travellers pay to an amount tion during any House-Senate conference member of the committee. more in line with the average duty rate that may be convened on this or similar leg- Mr. SHAW. Mr. Speaker, I thank the of imported commercial merchandise. islation. I ask that you support our request gentleman from Illinois for yielding me My second provision would provide in this regard. this time.

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00144 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.111 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6923 Mr. Speaker, this bill, a portion of this bill a ban on the importation, ex- several bills I introduced to suspend this bill, requires that the Commis- porting and interstate commerce of the duty on certain chemicals, chemi- sioner of Customs enter into a fee-for- items of clothing or toys, children’s cals vital to American industry and to service agreement to provide inter- toys, made from dog and cat fur. our quality of life. Let me also com- national air cargo customs service at The issue was brought to my atten- mend the subcommittee chairman, Mr. the Fort Lauderdale-Hollywood Inter- tion by the Humane Society of the Speaker, for including legislation in- national Airport. United States, who, for over 18 months, troduced by our colleague, the gen- Because of the difficulties that the conducted an undercover investigation tleman from Georgia (Mr. COLLINS), airport has experienced in establishing of not only the conditions of animals legislation of which I am a cosponsor, the fee-for-service arrangements, the but the slaughter of these animals, and that reduces the duty on steam genera- airport recently lost significant inter- then finally the products that were tors, as we work on an energy policy national air cargo business at its facil- made from the animal fur and shipped for our Nation. ity. into this country. They handed their All of these provisions further the The provision of cargo clearance, in- investigation and the results of their sound trade policy the chairman al- spection and other Customs services is investigation over to the Dateline NBC ways tries to pursue because these a fundamental governmental function. program, which about a year and a half products are not manufactured any- Once Customs cargo inspection serv- ago broadcast a long segment on the where in the United States and, con- ices have been provided under a fee-for- clothing that is being sold here in this sequently, it makes no sense to tax service agreement for 2 years, and the country and the toys being sold to our their importation. Airport has established air cargo busi- children made from dog and cat fur. This is an excellent package of non- ness of at least 29,000 commercial con- After working with Senator ROTH in controversial items. It offers the best sumption entries a year, the Commis- the other body, we did introduce legis- examples of what we can do working sioner will provide Customs services to lation in both Houses to ban this prac- together, and we rise not in partisan- the Airport without requiring addi- tice. This legislation, I am happy to ship but in progress with this legisla- tional fees for those services. say, includes that ban. tion. Accordingly, Mr. Speaker, I urge Mr. Speaker, here in this country, in b 1945 my colleagues to support it. the United States, over 65 million Mr. LEVIN. Mr. Speaker, I yield 3 This will merely put the Ft. Lauder- households have pets, either cats or minutes to the gentleman from Michi- dale-Hollywood International Airport dogs; and clearly I find it and they find gan (Mr. STUPAK). on the same basis as other airports of it very deplorable that the clothing Mr. STUPAK. Mr. Speaker, I thank similar size where such Customs serv- they might buy at their local store or the gentleman for yielding me this ices are already available. the toy they might buy for their chil- time, and I rise today to support this Another portion of this bill, which I dren is made in another country from bill and to thank the leadership of the was pleased to sponsor, provides for the hide of a domestic dog or a domes- Committee on Ways and Means, both customs fees on arrival of ferries. The tic cat. This bill, as I indicated, will Democrats and Republicans, for insert- Consolidated Omnibus Budget Rec- ban this abhorrent practice. ing my provision in H.R. 4868 that ex- onciliation Act of 1985 precluded Cus- Again, I want to thank not only the tends Trade Adjustment Assistance to toms from charging customs user fees chairman and ranking member, but I former copper mine employees in for passengers on ferry boats. This has also want to publicly acknowledge the White Pine, Michigan. prevented Customs from issuing land- hard work of the Humane Society of White Pine is located in Michigan’s ing rights to ferries arriving in South the United States, which worked tire- Upper Peninsula, a region famous for Florida and its coastal region. lessly to bring this to a halt, and I its vast quantities of copper and tim- To correct this situation, COBRA is think tonight’s action on this bill and ber. In 1995, the Copper Range Com- amended to permit the collection of subsequent Senate action will do just pany in White Pine extracted its last customs user fees to enable Customs to that. pieces of copper. The Department of issue landing rights to ferries oper- Mr. CRANE. Mr. Speaker, I yield 2 Labor concluded that increased copper ating in South Florida. Ferries will minutes to the gentleman from Ari- imports from Canada resulted from now be able to operate between the zona (Mr. HAYWORTH). NAFTA were directly responsible for United States and other Caribbean (Mr. HAYWORTH asked and was the mine’s demise. countries, provided they are within 300 given permission to revise and extend The ensuing mine closure left many miles of the United States. This will his remarks.) of its employees with an uncertain fu- help promote tourism and trade. Mr. HAYWORTH. Mr. Speaker, far ture as they contemplated career Another area which I am hopeful will from the roar of the grease paint and changes or leaving the area. While become a part of this bill before it is fi- the smell of the crowd when we enter a some former employees chose to leave nally enacted into law was a provision political season where we accentuate the area in search of new jobs, others I was working on with the gentleman our differences, it is very easy to lose sought Trade Adjustment Assistance from New York (Mr. RANGEL), and that track of those areas where the real for worker retraining. Almost 89 per- is the question of prohibiting the sale work of government occurs. Such is the cent of the Copper Range employees of gray market cigarettes. These are case with this bill, H.R. 4868, the Mis- were laid off in September of 1995. I led cigarettes that are produced in the cellaneous Trade and Technical Correc- the fight to make sure that they were United States for export into other tions Act of 2000. all deemed eligible for TAA benefits by countries but somehow find their way I am pleased to rise and speak in the Department of Labor. back into this country. favor of this legislation because it will Meanwhile, the company retained The presence of these cigarettes is temporarily suspend the duty on doz- fewer than 20 employees for an environ- going to cost my own State of Florida ens of items that are not produced in mental remediation of the mine. This about $100 million a year, and it is time the United States and consequently work will be finished next year. Unfor- we act on this and stop the reimporta- have to be imported. They include tunately, the employees who stayed be- tion of these cigarettes that are pro- drugs, as the gentleman from Michigan hind to help clean up the mining site duced for the foreign market. (Mr. LEVIN), the ranking member of the have been deprived of TAA benefits. Mr. LEVIN. Mr. Speaker, I yield 3 Subcommittee on Trade, mentioned, They were denied by the Department of minutes to the gentleman from Wis- drugs used in the fight against HIV- Labor because they did not perform a consin (Mr. KLECZKA). AIDS and environmentally friendly job that supported the production of Mr. KLECZKA. Mr. Speaker, I rise in herbicides and insecticides. copper. strong support of this bill, and I would Mr. Speaker, I would be remiss if I However, under TAA standards, all like to acknowledge my friend, the did not mention now and thank the employees of a company which closed gentleman from Illinois (Mr. CRANE), chairman of the Subcommittee on because of NAFTA are eligible for and also the gentleman from Michigan Trade, the gentleman from Illinois (Mr. Trade Adjustment Assistance, whether (Mr. LEVIN) for agreeing to include in CRANE), for including in the package they are security guards, secretaries

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00145 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.209 pfrm02 PsN: H25PT1 H6924 CONGRESSIONAL RECORD — HOUSE July 25, 2000 or, in this case, miners. It only makes consumers who utilize these product or The only accurate way to determine sense that the employees providing en- chemicals. fur species is through DNA testing. vironmental remediation at Copper I urge my colleagues to support this b 2000 Range should receive the same TAA miscellaneous trade bill. We think that benefits that their coworkers received this is an important addition to our An estimated 2 million dogs and cats in 1995. trade policy, and our hope is that this are killed each year for their fur as This legislation, with the help of Chamber will embrace this legislation part of an international fur trade. The members of the Committee on Ways and send it forward. animals are kept in deplorable condi- and Means, will correct this oversight. Mr. LEVIN. Mr. Speaker, I yield 4 tions and are brutally killed by a num- ber of inhumane methods, including The passage of this legislation ensures minutes to the gentleman from Ohio clubbing and skinning alive. (Mr. KUCINICH), a very active Member that these employees, with assistance Now, Americans love their pets. I re- of this House. under TAA, will find future employ- member our own family dogs, Spotty Mr. KUCINICH. Mr. Speaker, I thank ment. The passage of this legislation and Daisy, who gave us so much joy. the gentleman for yielding me this ensures that all employees will con- And I know why Americans feel so time, and I want to begin by thanking tinue to provide for their families strongly about animals. I also know while they explore their employment the chairman, the gentleman from Illi- that over 65 million households have a opportunities. nois (Mr. CRANE), and the ranking dog or a cat and many people consider It is only fair to provide these work- member, the gentleman from Michigan their pets to be members of the family. ers with access to the TAA benefits (Mr. LEVIN), for their leadership on this Americans deserve to be protected they rightfully deserve, and I urge my in the Ways and Means Subcommittee from unknowingly participating in this colleagues to support this legislation. on Trade. gruesome practice. I fully support this After we pass this legislation, I know I would like to bring to the attention ban. I believe we must work to provide there is companion legislation in the of my colleagues an important provi- humane treatment for all animals. I other body, so, hopefully, we can cor- sion in the Miscellaneous Trade and urge my colleagues to support strong rect this and pass this legislation this Technical Corrections Act, which pro- legislation to protect American con- year to help all these employees and to hibits the importation of products sumers from unknowingly supporting provide the other benefits found in made with dog and cat fur into the an industry that involves the brutal H.R. 4868. I urge my colleagues to sup- United States. This provision is from slaughter of dogs and cats. port the bill. H.R. 1622, the Dog and Cat Protection When I first heard about this, Mr. Mr. CRANE. Mr. Speaker, I yield 2 Act, a bill which has broad bipartisan Speaker, I told the people of Cleveland minutes to the gentleman from Penn- support and 93 cosponsors. that Congress would respond. Congress sylvania (Mr. ENGLISH). A local television station, Channel 8 has responded. I want to say that Mr. ENGLISH. Mr. Speaker, I rise to in my district, in Cleveland, Ohio, re- again. When I first heard about this salute the chairman and members of cently aired an investigation on the and the TV station received thousands the Ways and Means Subcommittee on dog and cat fur industry. After that of calls and my office received hun- Trade and to rise in strong support of program aired, people called me in dreds of calls, I told the people to have H.R. 4868, the Miscellaneous Trade and tears, in tears, to think that dogs and confidence that Congress would re- Technical Corrections Act. cats, God’s creatures, defenseless ani- spond. This is good legislation which rep- mals that we love, could be treated The gentleman from Illinois (Mr. resents an important piece of house- with such cruelty, killed for their fur. CRANE) and the gentleman from Michi- keeping in our national trade policy. It My constituents were outraged that gan (Mr. LEVIN) have answered that is legislation which includes numerous this practice was allowed to occur and with a ringing support for the concerns noncontroversial trade provisions. This deluged the station with over 3,000 of the people. I thank them on behalf of legislation provides for temporary duty phone calls expressing their shock, and all the people in my district and also suspensions on a variety of products, asking what could be done to end this on behalf of all pet lovers in this coun- including environmentally friendly horrible trade. try. herbicides and fungicides. Since the airing of the program, my Mr. LEVIN. Mr. Speaker, I yield 2 Frequently, Mr. Speaker, Congress office has received over 700 calls, let- minutes to the gentleman from Texas needs to make technical changes to our ters, and e-mail messages from con- (Mr. GONZALEZ). Mr. GONZALEZ. Mr. Speaker, today trade laws to suspend or reduce tariffs stituents who are very concerned about H.R. 4868 will, in part, designate San on certain products or chemicals which the mistreatment of dogs and cats and Antonio’s International Airport as a are not produced domestically. This who support a prohibition on the im- point of entry. process is done through the voluntary portation of products made from dog Later today in this Chamber we will submission of requests to the Sub- and cat fur. congratulate Mexico on its recent committee on Trade by the administra- Mr. Speaker, I would like to com- democratic elections, making this air- tion, by Members of Congress, and by mend Dick Goddard, Channel 8’s re- port designation a timely one due to the public, which is then vetted spected weatherman, and the entire the City of San Antonio’s close cul- through a public comment period. The Channel 8 news team for their work in tural and business relationship with subcommittee has done excellent due bringing awareness of this cruelty to Mexico. diligence in producing this product. the people of northeast Ohio. I want to This airport designation is important Should any opposition arise regarding thank also the Humane Society of the to my city so that it can further de- a specific trade provision, they set it United States, which conducted an 18- velop its business ties with Mexico that aside; and they have presented here a month investigation which uncovered have already expanded since the ap- consensus piece of work. the international trade and products proval of NAFTA. In some cases, American companies made from dog and cat fur. They dis- However, significant barriers exist and farmers clearly need products or covered that dog and cat fur products for the private aircraft operator that chemicals which are not produced in are in widespread use overseas in a va- result in extra time and cost due to in- the United States. Under those cir- riety of garments, including coats, terim stops that must be made for Cus- cumstances, it does not make sense for hats, and gloves and animal figurines. toms processing before coming to San us to apply tariffs in those situations. It was even discovered that one of the Antonio. Since these products are not manufac- largest clothing retailers in the United Both business and trade leaders have tured in the U.S., and their sale will States was unknowingly selling prod- indicated that business will be helped not harm any domestic industry, it is ucts made with dog fur. if San Antonio could receive non- neither necessary nor desirable to When dog and cat fur is dyed, it is commercial aircraft from Mexico on maintain these tariffs on such goods. A nearly impossible to distinguish it short notice. Several of San Antonio’s temporary duty suspension makes from other fur species. Fur companies large corporations have expanded busi- products more competitive and helps purposely mislead consumers by not la- ness trade with Mexico and fly private reduce costs for the farmers and the beling or mislabeling their products. aircraft into Mexico on a regular basis.

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00146 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.212 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6925 Finally, San Antonio is well equipped lopes no longer serves its purpose. In fact, the LATOURETTE) that the House suspend to handle a point-of-entry flight, as import duty is now hurting the international the rules and pass the bill, H.R. 4806, on U.S. Customs has a significant pres- competitiveness of U.S. cathode ray tube and which the yeas and nays are ordered. ence at the San Antonio International computer display screen manufacturers. The vote was taken by electronic de- Airport. Other foreign competitors are able to pur- vice, and there were—yeas 411, nays 0, In closing, I want to express special chase monochrome glass envelopes without not voting 23, as follows: thanks to all members of the Com- this tariff. Thus, they are able to price their [Roll No. 436] mittee on Ways and Means for making computer monitors in the U.S. more competi- YEAS—411 this a reality for San Antonio and their tively than U.S. manufacturers of equivalent Abercrombie DeFazio Hyde assistance. product. Mr. Speaker, there should not be a Ackerman DeGette Inslee Mr. LEVIN. Mr. Speaker, I yield 1 U.S.-government imposed incentive for Ameri- Aderholt Delahunt Isakson minute to the distinguished gentleman cans to buy foreign computer display screens! Allen DeLauro Istook Andrews DeLay Jackson (IL) from West Virginia (Mr. WISE) my col- That's why I ask my colleagues to support the Archer DeMint Jackson-Lee league and classmate. Miscellaneous Trade and Technical Correc- Armey Deutsch (TX) Mr. WISE. Mr. Speaker, I thank the tions Act of 2000 because section 1247 of this Baca Diaz-Balart Jefferson gentleman for yielding me the time. Bachus Dickey John legislation waives the import tariff on mono- Baird Dicks Johnson (CT) Mr. Speaker, I thank the members of chrome glass envelopes for three years. We Baker Dingell Johnson, E. B. the majority and minority on the Com- need to remove the import tariff on mono- Baldacci Dixon Johnson, Sam mittee on Ways and Means for bringing chrome glass envelopes so that American Baldwin Doggett Jones (NC) this bill to the floor. Ballenger Dooley Jones (OH) manufacturers of cathode ray tubes and com- Barcia Doolittle Kanjorski In a lot of times in the sweeping de- puter monitors can compete on a more equal Barr Doyle Kaptur bates on major trade policy a bill will footing with their foreign counterparts. Barrett (NE) Dreier Kasich pass, and then it is necessary to go Barrett (WI) Duncan Kelly Finally, I want to thank the chairman of the Bartlett Dunn Kennedy back and realize there were certain sit- Ways and Means Trade Subcommittee, Mr. Becerra Ehlers Kildee uations that were not dealt with or CRANE, the ranking minority member, Mr. Bentsen Ehrlich Kilpatrick perhaps the law of unintended con- LEVIN, and the staff of the subcommittee for all Bereuter Emerson Kind (WI) sequences took effect. That is what Berkley Engel King (NY) the hard work that went into including the 3- Berman English Kingston this bill is about. year duty suspension of monochrome glass Berry Eshoo Kleczka I just want to say that there are pro- envelopes in H.R. 4868. Biggert Etheridge Klink visions in this bill that are important Mr. CRANE. Mr. Speaker, I yield Bilbray Evans Knollenberg Bilirakis Everett Kolbe to working men and women across our back the balance of my time. Bishop Farr Kucinich country, certainly in my State of West The SPEAKER pro tempore (Mr. Blagojevich Fattah Kuykendall Virginia. I am very grateful to the HUTCHINSON). The question is on the Bliley Filner LaFalce chairman and ranking member of the Blumenauer Fletcher LaHood motion offered by the gentleman from Blunt Foley Lampson Committee on Ways and Means for put- Illinois (Mr. CRANE) that the House Boehlert Forbes Lantos ting this bill together, for bringing it suspend the rules and pass the bill, Boehner Ford Largent to the floor, and for recognizing some- H.R. 4868, as amended. Bonilla Fossella Larson Bonior Fowler Latham times the law of unintended con- The question was taken. Bono Frank (MA) LaTourette sequences and working to make our Mr. LEVIN. Mr. Speaker, on that I Borski Frelinghuysen Leach working men and women much more demand the yeas and nays. Boswell Frost Lee competitive. Boucher Gallegly Levin The yeas and nays were ordered. Boyd Ganske Lewis (CA) So I think this is an important bill. The SPEAKER pro tempore. Pursu- Brady (PA) Gejdenson Lewis (GA) I rise strongly in support and urge its ant to clause 8 of rule XX and the Brady (TX) Gekas Lewis (KY) adoption tonight. Chair’s prior announcement, further Brown (FL) Gephardt Linder Mr. LEVIN. Mr. Speaker, I yield back Brown (OH) Gibbons Lipinski proceedings on this motion will be Bryant Gilchrest LoBiondo the balance of my time. postponed. Burr Gillmor Lofgren Mr. CRANE. Mr. Speaker, I yield my- f Burton Gonzalez Lowey self such time as I may consume. Buyer Goode Lucas (KY) Mr. Speaker, I urge my colleagues, in ANNOUNCEMENT BY THE SPEAKER Callahan Goodlatte Lucas (OK) Calvert Goodling Luther conclusion, please, as we can see clear- PRO TEMPORE Camp Gordon Maloney (CT) ly, this is a bill that is noncontrover- The SPEAKER pro tempore. Pursu- Campbell Goss Maloney (NY) sial. We enjoy good, strong bipartisan Canady Graham Manzullo ant to the provisions of clause 8, rule Cannon Green (TX) Markey support. I ask all my colleagues to get XX, the Chair will now put the ques- Capps Green (WI) Martinez on board and vote for H.R. 4868. tion on each motion to suspend the Capuano Greenwood Mascara Mr. MANZULLO. Mr. Speaker, last March, I rules on which further proceedings Cardin Gutierrez Matsui introduced a miscellaneous tariff correction bill Carson Gutknecht McCarthy (MO) were postponed in the order in which Castle Hall (OH) McCarthy (NY) (H.R. 3715) to help keep the remaining cath- that motion was entertained. Chabot Hall (TX) McCrery ode ray tube and computer display screen Votes will be taken in the following Chambliss Hansen McDermott manufacturers in the United States. After care- Chenoweth-Hage Hastings (FL) McGovern order: Clayton Hastings (WA) McHugh ful review by the Administration and the Ways H.R. 4806, by the yeas and nays; Clement Hayes McInnis and Means Committee, this bill was changed H. Con. Res. 372, by the yeas and Clyburn Hayworth McIntyre to provide a 3-year duty suspension on mono- nays; and Coble Hefley McKeon chrome glass envelopes. Also, my office has Coburn Herger McKinney H.R. 4868, by the yeas and nays. Collins Hill (IN) McNulty been given assurances that the permanent re- The Chair will reduce to 5 minutes Combest Hill (MT) Meehan moval of the tariff on monochrome glass enve- the time for any electronic vote after Condit Hilleary Meek (FL) lopes will be an item of discussion during the the first such vote in this series. Conyers Hilliard Meeks (NY) Cook Hinchey Metcalf next round of global trade talks. f Cooksey Hinojosa Mica Monochrome glass envelopes are used to Costello Hobson Millender- make cathode ray tubes that provide the CARL ELLIOTT FEDERAL Cox Hoeffel McDonald ``light'' behind the computer monitor. When the BUILDING Coyne Hoekstra Miller (FL) Cramer Holden Miller, Gary tariff on monochrome glass envelopes was The SPEAKER pro tempore. The Crane Holt Minge first proposed, there were American manufac- pending business is the question of sus- Crowley Hooley Mink turers of this product. But over the last few pending the rules and passing the bill, Cummings Horn Moakley Cunningham Hostettler Mollohan years, the final American manufacturer of H.R. 4806. Danner Houghton Moore monochrome glass envelopes decided to get The Clerk read the title of the bill. Davis (FL) Hoyer Moran (KS) out of the business. Thus, the tariff duty de- The SPEAKER pro tempore. The Davis (IL) Hulshof Moran (VA) signed to provide a modest level of protection question is on the motion offered by Davis (VA) Hunter Morella Deal Hutchinson Murtha for U.S. makers of monochrome glass enve- the gentleman from Ohio (Mr.

VerDate 25-JUL-2000 06:24 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00147 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.214 pfrm02 PsN: H25PT1 H6926 CONGRESSIONAL RECORD — HOUSE July 25, 2000 Myrick Rohrabacher Sweeney The Clerk read the title of the con- McCrery Portman Spratt Nadler Rothman Talent McDermott Price (NC) Stabenow Napolitano Roukema Tancredo current resolution. McGovern Pryce (OH) Stark Neal Roybal-Allard Tanner The SPEAKER pro tempore. The McHugh Quinn Stearns Nethercutt Rush Tauscher question is on the motion offered by McInnis Radanovich Stenholm Ney Ryan (WI) Tauzin the gentleman from Maryland (Mr. McIntyre Rahall Strickland Northup Ryun (KS) Taylor (MS) McKeon Ramstad Stump Norwood Sabo Taylor (NC) GILCHREST) that the House suspend the McNulty Rangel Stupak Nussle Salmon Terry rules and agree to the concurrent reso- Meehan Regula Sununu Oberstar Sanchez Thomas lution, House Concurrent Resolution Meek (FL) Reyes Sweeney Obey Sanders Thompson (CA) Meeks (NY) Reynolds Talent Olver Sandlin Thompson (MS) 372, on which the yeas and nays are or- Metcalf Riley Tancredo Ortiz Sanford Thornberry dered. Mica Rivers Tanner Ose Sawyer Thune This will be a 5-minute vote. Millender- Rodriguez Tauscher Owens Saxton Thurman McDonald Roemer Tauzin Oxley Scarborough Tiahrt The vote was taken by electronic de- Miller (FL) Rogan Taylor (MS) Packard Schaffer Tierney vice, and there were—yeas 409, nays 0, Miller, Gary Rogers Taylor (NC) Pallone Schakowsky Toomey not voting 25, as follows: Minge Rohrabacher Terry Pascrell Scott Towns Mink Rothman Thomas Pastor Sensenbrenner Traficant [Roll No. 437] Moakley Roukema Thompson (CA) Paul Serrano Turner YEAS—409 Mollohan Roybal-Allard Thompson (MS) Payne Sessions Udall (CO) Moore Royce Thornberry Pease Shadegg Udall (NM) Abercrombie Crane Hill (MT) Moran (KS) Rush Thune Pelosi Shaw Upton Ackerman Crowley Hilleary Moran (VA) Ryan (WI) Thurman Peterson (MN) Shays Velazquez Aderholt Cummings Hilliard Morella Ryun (KS) Tiahrt Peterson (PA) Sherman Visclosky Allen Cunningham Hinchey Murtha Sabo Tierney Petri Sherwood Vitter Andrews Danner Hinojosa Myrick Salmon Toomey Phelps Shimkus Walden Archer Davis (FL) Hobson Nadler Sanchez Towns Pickering Shows Walsh Armey Davis (IL) Hoeffel Napolitano Sanders Traficant Pitts Shuster Wamp Baca Davis (VA) Hoekstra Neal Sandlin Turner Pombo Simpson Waters Bachus Deal Holden Nethercutt Sanford Udall (CO) Pomeroy Sisisky Watkins Baird DeFazio Holt Ney Sawyer Udall (NM) Porter Skeen Watt (NC) Baker DeGette Hooley Northup Saxton Upton Portman Skelton Watts (OK) Baldacci Delahunt Horn Norwood Scarborough Velazquez Price (NC) Slaughter Waxman Baldwin DeLauro Hostettler Nussle Schaffer Visclosky Pryce (OH) Smith (MI) Weldon (FL) Ballenger DeLay Hoyer Oberstar Schakowsky Vitter Quinn Smith (NJ) Weldon (PA) Barcia DeMint Hulshof Obey Scott Walden Radanovich Smith (TX) Weller Barr Deutsch Hunter Olver Sensenbrenner Walsh Rahall Snyder Wexler Barrett (NE) Diaz-Balart Hutchinson Ortiz Serrano Wamp Ramstad Souder Weygand Barrett (WI) Dickey Hyde Ose Sessions Waters Rangel Spence Whitfield Bartlett Dicks Inslee Owens Shadegg Watkins Regula Spratt Wicker Becerra Dingell Isakson Oxley Shaw Watt (NC) Reyes Stabenow Wilson Bentsen Dixon Istook Packard Shays Watts (OK) Reynolds Stark Wise Bereuter Doggett Jackson (IL) Pallone Sherman Waxman Riley Stearns Wolf Berkley Dooley Jackson-Lee Pascrell Sherwood Weldon (FL) Rivers Stenholm Woolsey Berman Doolittle (TX) Pastor Shimkus Weldon (PA) Rodriguez Strickland Wynn Berry Doyle Jefferson Paul Shows Weller Roemer Stump Young (AK) Biggert Dreier John Payne Shuster Wexler Rogan Stupak Young (FL) Bilbray Duncan Johnson (CT) Pease Simpson Weygand Rogers Sununu Bilirakis Dunn Johnson, E. B. Pelosi Sisisky Whitfield Bishop Ehlers Johnson, Sam Peterson (MN) Skeen Wicker NOT VOTING—23 Blagojevich Ehrlich Jones (NC) Peterson (PA) Skelton Wilson Barton Gilman Pickett Bliley Emerson Jones (OH) Petri Slaughter Wise Bass Granger Ros-Lehtinen Blumenauer Engel Kanjorski Phelps Smith (MI) Wolf Bateman Jenkins Royce Blunt English Kaptur Pickering Smith (NJ) Woolsey Clay Lazio Smith (WA) Boehlert Eshoo Kasich Pitts Smith (TX) Wu Cubin McCollum Vento Boehner Etheridge Kelly Pombo Snyder Wynn Edwards McIntosh Weiner Bonilla Evans Kennedy Pomeroy Souder Young (AK) Ewing Menendez Wu Bonior Everett Kildee Porter Spence Young (FL) Franks (NJ) Miller, George Bono Farr Kilpatrick Borski Fattah Kind (WI) NOT VOTING—25 b 2028 Boswell Filner King (NY) Barton Franks (NJ) Menendez Boucher Fletcher Kingston Bass Gilman Miller, George So (two-thirds having voted in favor Boyd Foley Kleczka thereof) the rules were suspended and Bateman Granger Pickett Brady (PA) Forbes Klink Clay Houghton Ros-Lehtinen the bill was passed. Brady (TX) Ford Knollenberg Cox Jenkins Smith (WA) The result of the vote was announced Brown (FL) Fowler Kolbe Cubin Lazio Vento Brown (OH) Frank (MA) Kucinich Edwards McCollum Weiner as above recorded. Bryant Frelinghuysen Kuykendall A motion to reconsider was laid on Ewing McIntosh Burr Frost LaFalce Fossella McKinney the table. Burton Gallegly LaHood f Buyer Ganske Lampson Callahan Gejdenson Lantos b 2036 ANNOUNCEMENT BY THE SPEAKER Calvert Gekas Largent So (two-thirds having voted in favor Camp Gephardt Larson PRO TEMPORE Campbell Gibbons Latham thereof) the rules were suspended and The SPEAKER pro tempore (Mr. Canady Gilchrest LaTourette the concurrent resolution was agreed Cannon Gillmor Leach HUTCHINSON). Pursuant to clause 8 of to. Capps Gonzalez Lee rule XX, the Chair will reduce to 5 min- Capuano Goode Levin The result of the vote was announced utes the minimum time for electronic Cardin Goodlatte Lewis (CA) as above recorded. voting on each additional motion to Carson Goodling Lewis (GA) A motion to reconsider was laid on Castle Gordon Lewis (KY) the table. suspend the rules on which the Chair Chabot Goss Linder has postponed further proceedings. Chambliss Graham Lipinski Stated for: f Chenoweth-Hage Green (TX) LoBiondo Mr. FOSSELLA. Mr. Speaker, on rollcall No. Clayton Green (WI) Lofgren 437. I was inadvertently detained. Had I been EXPRESSING SENSE OF CONGRESS Clement Greenwood Lowey present, I would have voted ``yea.'' REGARDING HISTORIC SIGNIFI- Clyburn Gutierrez Lucas (KY) Coble Gutknecht Lucas (OK) CANCE OF 210TH ANNIVERSARY Coburn Hall (OH) Luther f OF ESTABLISHMENT OF COAST Collins Hall (TX) Maloney (CT) GUARD Combest Hansen Maloney (NY) MISCELLANEOUS TRADE AND Condit Hastings (FL) Manzullo TECHNICAL CORRECTIONS ACT The SPEAKER pro tempore. The Conyers Hastings (WA) Markey pending business is the question of sus- Cook Hayes Martinez OF 2000 pending the rules and agreeing to the Cooksey Hayworth Mascara The SPEAKER pro tempore (Mr. Costello Hefley Matsui concurrent resolution, House Concur- Coyne Herger McCarthy (MO) HUTCHINSON). The pending business is rent Resolution 372. Cramer Hill (IN) McCarthy (NY) the question of suspending the rules

VerDate 25-JUL-2000 06:24 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00148 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.107 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6927 and passing the bill, H.R. 4868, as Matsui Pombo Spence b 2045 amended. McCarthy (MO) Pomeroy Spratt McCarthy (NY) Porter Stabenow APPOINTMENT OF CONFEREES ON The Clerk read the title of the bill. McCrery Portman Stark H.R. 4578, DEPARTMENT OF THE Stearns The SPEAKER pro tempore. The McDermott Price (NC) INTERIOR AND RELATED AGEN- question is on the motion offered by McGovern Pryce (OH) Stenholm McHugh Quinn Strickland CIES APPROPRIATIONS ACT, 2001 the gentleman from Illinois (Mr. McInnis Radanovich Stump CRANE) that the House suspend the McIntyre Rahall Stupak Mr. REGULA. Mr. Speaker, I ask rules and pass the bill, H.R. 4868, as McKeon Ramstad Sununu unanimous consent to take from the Sweeney amended, on which the yeas and nays McNulty Rangel Speaker’s table the bill (H.R. 4578) Meehan Regula Talent making appropriations for the Depart- were ordered. Meek (FL) Reyes Tancredo This will be a 5-minute vote. Meeks (NY) Reynolds Tanner ment of Interior and related agencies Tauscher The vote was taken by electronic de- Metcalf Riley for the fiscal year ending September 30, Mica Rivers Tauzin 2001, and for other purposes, with a vice, and there were—yeas 411, nays 0, Taylor (MS) Millender- Rodriguez Senate amendment thereto, disagree to not voting 23, as follows: McDonald Roemer Taylor (NC) Miller (FL) Rogan Terry the Senate amendment, and agree to [Roll No. 438] Miller, Gary Rogers Thomas the conference asked by the Senate. YEAS—411 Minge Rohrabacher Thompson (CA) The SPEAKER pro tempore (Mr. Mink Rothman Thornberry Abercrombie Coyne Hefley Moakley Roukema Thune HUTCHINSON). Is there objection to the Ackerman Cramer Herger Mollohan Roybal-Allard Thurman request of the gentleman from Ohio? Aderholt Crane Hill (IN) Moore Royce Tiahrt Allen Crowley Hill (MT) There was no objection. Moran (KS) Ryan (WI) Tierney Andrews Cummings Hilleary Moran (VA) Ryun (KS) Toomey MOTION TO INSTRUCT OFFERED BY MR. DICKS Archer Cunningham Hilliard Morella Sabo Towns Armey Danner Hinchey Mr. DICKS. Mr. Speaker, I offer a Murtha Salmon Traficant Baca Davis (FL) Hinojosa motion to instruct conferees. Myrick Sanchez Turner Bachus Davis (IL) Hobson Nadler Sanders Udall (CO) The Clerk read as follows: Baird Davis (VA) Hoeffel Napolitano Sandlin Udall (NM) Baker Deal Hoekstra Mr. DICKS moves that the managers on the Neal Sanford Upton Baldacci DeFazio Holden part of the House at the conference on the Nethercutt Sawyer Velazquez Baldwin DeGette Holt disagreeing votes of the two Houses on the Ney Saxton Visclosky Ballenger Delahunt Hooley bill, H.R. 4578, be instructed to insist on Northup Scarborough Vitter Barcia DeLauro Hostettler Norwood Schaffer Walden funding for the Institute of Museum and Li- Barr DeLay Houghton Nussle Schakowsky Walsh brary Services at a level not less than the Barrett (NE) DeMint Hoyer Oberstar Scott Wamp $24,907,000 provided in the Senate amend- Barrett (WI) Deutsch Hulshof Obey Sensenbrenner Waters Bartlett Diaz-Balart Hunter ment. Olver Serrano Watkins Becerra Dickey Hutchinson Ortiz Sessions Watt (NC) The SPEAKER pro tempore. The gen- Bentsen Dicks Hyde Ose Shadegg Watts (OK) tleman from Washington (Mr. DICKS) Bereuter Dingell Inslee Owens Shaw Waxman Berkley Dixon Isakson and the gentleman from Ohio (Mr. REG- Oxley Shays Weldon (FL) Berman Doggett Istook ULA Packard Sherman Weldon (PA) ) each will be recognized for 30 min- Berry Dooley Jackson (IL) Pallone Sherwood Weller utes. Biggert Doolittle Jackson-Lee Pascrell Shimkus Wexler Bilbray Doyle (TX) The Chair recognizes the gentleman Pastor Shows Weygand Bilirakis Dreier Jefferson from Washington (Mr. DICKS). Paul Shuster Whitfield Bishop Duncan John Payne Simpson Wicker Mr. DICKS. Mr. Speaker, I yield my- Blagojevich Dunn Johnson (CT) Pease Sisisky Wilson self such time as I may consume. Bliley Ehlers Johnson, E. B. Pelosi Skeen Wise Blumenauer Ehrlich Johnson, Sam Mr. Speaker, the small increase for Peterson (MN) Skelton Wolf Blunt Emerson Jones (NC) Peterson (PA) Slaughter Woolsey the Institute for Museum and Library Boehlert Engel Jones (OH) Petri Smith (MI) Wu Services will help address, which is Boehner English Kanjorski Phelps Smith (NJ) Wynn Bonilla Eshoo Kaptur only $600,000, I might add, some of the Pickering Smith (TX) Young (AK) Bonior Etheridge Kasich critical needs in this country of our Pickett Snyder Young (FL) Bono Evans Kelly Pitts Souder museums and libraries. Borski Everett Kennedy The dramatic advances in tech- Boswell Farr Kildee Boucher Fattah Kilpatrick NOT VOTING—23 nology, increasing diversity in our pop- Boyd Filner Kind (WI) Barton Granger Miller, George ulation and growing demands for learn- Brady (PA) Fletcher King (NY) Bass Horn Ros-Lehtinen ing across a lifetime requires museums Brady (TX) Foley Kingston Bateman Jenkins Rush and libraries to provide service in new Brown (FL) Forbes Kleczka Cubin Lazio Smith (WA) Brown (OH) Ford Klink Edwards McCollum Thompson (MS) ways. This is a small but vitally impor- Bryant Fossella Knollenberg Ewing McIntosh Vento tant increase. It is my hope that a fa- Burr Fowler Kolbe Franks (NJ) McKinney Weiner vorable vote on this motion to instruct Burton Frank (MA) Kucinich Gilman Menendez Buyer Frelinghuysen Kuykendall conferees will demonstrate the support Callahan Frost LaFalce for these programs, and I urge support Calvert Gallegly LaHood b 2043 for the motion. Camp Ganske Lampson Mr. Speaker, I yield such time as she Campbell Gejdenson Lantos So (two-thirds having voted in favor may consume to the distinguished gen- Canady Gekas Largent thereof) the rules were suspended and Cannon Gephardt Larson tlewoman from New York (Ms. SLAUGH- Capps Gibbons Latham the bill, as amended, was passed. TER). Capuano Gilchrest LaTourette Cardin Gillmor Leach The result of the vote was announced Ms. SLAUGHTER. I thank the gen- Carson Gonzalez Lee as above recorded. tleman for yielding me time. Castle Goode Levin Mr. Speaker, perhaps more than any A motion to reconsider was laid on Chabot Goodlatte Lewis (CA) other institution, museums consist- Chambliss Goodling Lewis (GA) the table. Chenoweth-Hage Gordon Lewis (KY) ently give the American people a real Clay Goss Linder glimpse into our past. Walk a few feet f Clayton Graham Lipinski outside the door of the Capitol and you Clement Green (TX) LoBiondo Clyburn Green (WI) Lofgren see hundreds of people from all over Coble Greenwood Lowey PERSONAL EXPLANATION the country and the world touring Coburn Gutierrez Lucas (KY) through the many museums here in Collins Gutknecht Lucas (OK) Ms. ROS-LEHTINEN. Mr. Speaker, on roll- Washington. These visits give both Combest Hall (OH) Luther call Nos. 430, 431, 432, 433, 434, 435, 436, Condit Hall (TX) Maloney (CT) adults and children a sense of our own Conyers Hansen Maloney (NY) 437, 438, I was unavoidably detained. If history and culture as well as those of Cook Hastings (FL) Manzullo present, I would have voted ``aye'' on rollcall other nations. That is why I believe it Cooksey Hastings (WA) Markey Costello Hayes Martinez Nos. 430, 431, 432, 433, 434, 435, 436, 437, makes good sense to provide the Insti- Cox Hayworth Mascara 438. tute for Museum and Library Services

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00149 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.220 pfrm02 PsN: H25PT1 H6928 CONGRESSIONAL RECORD — HOUSE July 25, 2000 with the funding increase suggested by ANNOUNCEMENT BY THE SPEAKER General (or a person acting in either such ca- this motion. PRO TEMPORE pacity), which function of approval may not be delegated. In 1995, the budget for the Institution The SPEAKER pro tempore. Pursu- ‘‘(c) Nothing in this chapter may be construed of Museum and Library Services was ant to clause 8 of rule XX, the Chair to deprive a court-martial, military commission, cut by more than 25 percent. Since announces that he will postpone fur- provost court, or other military tribunal of con- then, the IMLS has seen only ex- ther proceedings today on the remain- current jurisdiction with respect to offenders or tremely modest increases in their fund- ing motions to suspend the rules on offenses that by statute or by the law of war ing levels. This motion to instruct pro- which a recorded vote or the yeas and may be tried by a court-martial, military com- vides much needed and very affordable mission, provost court, or other military tri- nays are ordered or on which the vote bunal. relief by directing the conferees to ac- is objected to under clause 6 of rule ‘‘(d) No prosecution may be commenced cept a $600,000 increase for this agency, XX. against a member of the Armed Forces subject to an amount that was responsibly added Any record votes on postponed ques- chapter 47 of title 10 (the Uniform Code of Mili- to this bill by the other body. This In- tions will be taken tomorrow. tary Justice) under this section unless— stitute of Museum and Library Serv- f ‘‘(1) such member ceases to be subject to such ices oversees America’s 8,000 museums, chapter; or connects schools, libraries and other MILITARY EXTRATERRITORIAL ‘‘(2) an indictment or information charges JURISDICTION ACT OF 2000 that the member committed the offense with 1 or institutions with many wonderful re- more other defendants, at least 1 of whom is not sources within their walls. With addi- Mr. CHABOT. Mr. Speaker, I move to subject to such chapter. tional funding, IMLS can continue to suspend the rules and pass the bill ‘‘§ 3262. Arrest and commitment administer the wonderful programs (H.R. 3380) to amend title 18, United ‘‘(a) The Secretary of Defense may designate that connect our youth with history States Code, to establish Federal juris- and authorize any person serving in a law en- and expose all of us to worlds we have diction over offenses committed out- forcement position in the Department of Defense yet to know. side the United States by persons em- to arrest, in accordance with applicable inter- In an era where technology takes ployed by or accompanying the Armed national agreements, outside the United States center stage in our society, we need Forces, or by members of the Armed any person described in section 3261(a) if there is probable cause to believe that such person new programs more than ever and not Forces who are released or separated from active duty prior to being identi- violated section 3261(a). to forget to emphasize art, culture, and ‘‘(b) Except as provided in sections 3263 and history. If we give these services noth- fied and prosecuted for the commission 3264, a person arrested under subsection (a) ing more than level funding, we send a of such offenses, and for other pur- shall be delivered as soon as practicable to the message to the younger generation poses, as amended. custody of civilian law enforcement authorities that it is okay to forget your past, it is The Clerk read as follows: of the United States for removal to the United okay not to have a place where individ- H.R. 3380 States for judicial proceedings in relation to conduct referred to in such subsection unless uals can see evidence of the greatness Be it enacted by the Senate and House of Rep- such person has had charges brought against resentatives of the United States of America in that came before them. Unless we ap- him or her under chapter 47 of title 10 for such Congress assembled, prove this motion, we are contributing conduct. SECTION 1. SHORT TITLE. to the slow death of arts and culture in ‘‘§ 3263. Delivery to authorities of foreign This Act may be cited as the ‘‘Military America. We owe our constituents countries Extraterritorial Jurisdiction Act of 2000’’. much more than that. ‘‘(a) Any person designated and authorized SEC. 2. FEDERAL JURISDICTION. Mr. Speaker, I urge all of my col- under section 3262(a) may deliver a person de- (a) CERTAIN CRIMINAL OFFENSES COMMITTED scribed in section 3261(a) to the appropriate au- leagues to vote in favor of the motion OUTSIDE THE UNITED STATES.—Title 18, United thorities of a foreign country in which such per- to instruct. States Code, is amended by inserting after chap- son is alleged to have violated section 3261(a) ter 211 the following new chapter: Mr. DICKS. Mr. Speaker, I reserve if— the balance of my time. ‘‘CHAPTER 212—MILITARY ‘‘(1) appropriate authorities of that country Mr. REGULA. Mr. Speaker, I yield EXTRATERRITORIAL JURISDICTION request the delivery of the person to such coun- myself such time as I may consume. ‘‘Sec. try for trial for such conduct as an offense ‘‘3261. Criminal offenses committed by certain under the laws of that country; and Mr. Speaker, this motion to instruct members of the Armed Forces and ‘‘(2) the delivery of such person to that coun- is a very small and modest amount for by persons employed by or accom- try is authorized by a treaty or other inter- the Institute of Museum and Library panying the Armed Forces outside national agreement to which the United States Services, and it just requests that we the United States. is a party. take the Senate level, which was ‘‘3262. Arrest and commitment. ‘‘(b) The Secretary of Defense, in consultation $600,000 above the House level, a good ‘‘3263. Delivery to authorities of foreign coun- with the Secretary of State, shall determine tries. which officials of a foreign country constitute program. I urge adoption of the mo- appropriate authorities for purposes of this sec- tion. ‘‘3264. Limitation on removal. ‘‘3265. Initial proceedings. tion. Mr. Speaker, I have no further re- ‘‘3266. Regulations. ‘‘§ 3264. Limitation on removal quests for time, and I yield back the ‘‘3267. Definitions. ‘‘(a) Except as provided in subsection (b), and balance of my time. ‘‘§ 3261. Criminal offenses committed by cer- except for a person delivered to authorities of a Mr. DICKS. Mr. Speaker, I have no tain members of the Armed Forces and by foreign country under section 3263, a person ar- further requests for time, I yield back persons employed by or accompanying the rested for or charged with a violation of section 3261(a) shall not be removed— the balance of my time, and I move the Armed Forces outside the United States ‘‘(a) Whoever engages in conduct outside the ‘‘(1) to the United States; or previous question on the motion. ‘‘(2) to any foreign country other than a United States that would constitute an offense country in which such person is believed to have The previous question was ordered. punishable by imprisonment for more than 1 violated section 3261(a). year if the conduct had been engaged in within The SPEAKER pro tempore. The ‘‘(b) The limitation in subsection (a) does not the special maritime and territorial jurisdiction question is on the motion to instruct apply if— offered by the gentleman from Wash- of the United States— ‘‘(1) a Federal magistrate judge orders the per- ington (Mr. DICKS). ‘‘(1) while employed by or accompanying the son to be removed to the United States to be Armed Forces outside the United States; or The motion was agreed to. present at a detention hearing held pursuant to ‘‘(2) while a member of the Armed Forces sub- section 3142(f); The SPEAKER pro tempore. Without ject to chapter 47 of title 10 (the Uniform Code ‘‘(2) a Federal magistrate judge orders the de- objection the Chair appoints the fol- of Military Justice), tention of the person before trial pursuant to lowing conferees: Messrs. REGULA, shall be punished as provided for that offense. section 3142(e), in which case the person shall be KOLBE, SKEEN, TAYLOR of North Caro- ‘‘(b) No prosecution may be commenced promptly removed to the United States for pur- lina, NETHERCUTT, WAMP, KINGSTON, against a person under this section if a foreign poses of such detention; government, in accordance with jurisdiction rec- ‘‘(3) the person is entitled to, and does not PETERSON of Pennsylvania, YOUNG of ognized by the United States, has prosecuted or waive, a preliminary examination under the Florida, DICKS, MURTHA, MORAN of Vir- is prosecuting such person for the conduct con- Federal Rules of Criminal Procedure, in which ginia, CRAMER, HINCHEY, and OBEY. stituting such offense, except upon the approval case the person shall be removed to the United There was no objection. of the Attorney General or the Deputy Attorney States in time for such examination;

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00150 Fmt 4634 Sfmt 6333 E:\CR\FM\K25JY7.223 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6929 ‘‘(4) a Federal magistrate judge otherwise or- court of the United States or provide a defense The bill as it is reported from the ders the person to be removed to the United in any judicial proceeding arising under this Committee on the Judiciary today is States; or chapter. the product of close collaboration be- ‘‘(5) the Secretary of Defense determines that ‘‘(c) The regulations prescribed under this sec- military necessity requires that the limitations tion, and any amendments to those regulations, tween the gentleman from Georgia (Mr. in subsection (a) be waived, in which case the shall not take effect before the date that is 90 CHAMBLISS), the gentleman from Flor- person shall be removed to the nearest United days after the date on which the Secretary of ida (Mr. MCCOLLUM), and the ranking States military installation outside the United Defense submits a report containing those regu- minority member of the Subcommittee States adequate to detain the person and to fa- lations or amendments (as the case may be) to on Crime, the gentleman from Virginia cilitate the initial appearance described in sec- the Committee on the Judiciary of the House of (Mr. SCOTT). It also reflects the input tion 3265(a). Representatives and the Committee on the Judi- of the Departments of Justice and De- ‘‘§ 3265. Initial proceedings ciary of the Senate. fense, the American Civil Liberties ‘‘(a)(1) In the case of any person arrested for ‘‘§ 3267. Definitions Union and the National Education As- or charged with a violation of section 3261(a) ‘‘As used in this chapter: sociation. I am pleased to represent to who is not delivered to authorities of a foreign ‘‘(1) The term ‘employed by the Armed Forces the Members that the bill is supported outside the United States’ means— country under section 3263, the initial appear- by both the Defense and Justice De- ance of that person under the Federal Rules of ‘‘(A) employed as a civilian employee of the Criminal Procedure— Department of Defense (including a non- partments, as well as the ACLU and ‘‘(A) shall be conducted by a Federal mag- appropriated fund instrumentality of the De- the NEA. istrate judge; and partment), as a Department of Defense con- H.R. 3380 would amend Federal law to ‘‘(B) may be carried out by telephony or such tractor (including a subcontractor at any tier), establish Federal criminal jurisdiction other means that enables voice communication or as an employee of a Department of Defense over offenses committed outside the among the participants, including any counsel contractor (including a subcontractor at any United States by persons employed by representing the person. tier); or accompanying the United States ‘‘(2) In conducting the initial appearance, the ‘‘(B) present or residing outside the United Federal magistrate judge shall also determine States in connection with such employment; and Armed Forces. It would also establish whether there is probable cause to believe that ‘‘(C) not a national of or ordinarily resident Federal criminal jurisdiction over of- an offense under section 3261(a) was committed in the host nation. fenses committed outside the United and that the person committed it. ‘‘(2) The term ‘accompanying the Armed States by members of the Armed ‘‘(3) If the Federal magistrate judge deter- Forces outside the United States’ means— Forces, but who are not tried for those mines that probable cause exists that the person ‘‘(A) a dependent of— crimes by military authorities and committed an offense under section 3261(a), and ‘‘(i) a member of the Armed Forces; ‘‘(ii) a civilian employee of the Department of later cease to be the subject of military if no motion is made seeking the person’s deten- control. This bill fills the jurisdiction tion before trial, the Federal magistrate judge Defense (including a nonappropriated fund in- shall also determine at the initial appearance strumentality of the Department); or gap in the law that has allowed rapists, the conditions of the person’s release before trial ‘‘(iii) a Department of Defense contractor (in- child molesters and a variety of other under chapter 207 of this title. cluding a subcontractor at any tier) or an em- criminals to escape punishment for ‘‘(b) In the case of any person described in ployee of a Department of Defense contractor their crimes. This bill fills that gap subsection (a), any detention hearing of that (including a subcontractor at any tier); and will help to ensure that persons person under section 3142(f)— ‘‘(B) residing with such member, civilian em- ployee, contractor, or contractor employee out- who commit crimes while accom- ‘‘(1) shall be conducted by a Federal mag- panying our Armed Forces abroad will istrate judge; and side the United States; and ‘‘(2) at the request of the person, may be car- ‘‘(C) not a national of or ordinarily resident be punished for their crimes. ried out by telephony or such other means that in the host nation. Mr. Speaker, I am pleased to support ‘‘(3) The term ‘Armed Forces’ has the meaning enables voice communication among the partici- it. The Committee on the Judiciary or- given the term ‘armed forces’ in section 101(a)(4) pants, including any counsel representing the dered the bill reported favorably by of title 10. person. ‘‘(4) The terms ‘Judge Advocate General’ and voice vote late last month. ‘‘(c)(1) If any initial proceeding under this ‘judge advocate’ have the meanings given such Mr. Speaker, I am pleased to yield section with respect to any such person is con- terms in section 801 of title 10.’’. such time as he may consume to the ducted while the person is outside the United (b) CLERICAL AMENDMENT.—The table of gentleman from Georgia (Mr. States, and the person is entitled to have coun- chapters for part II of title 18, United States CHAMBLISS), the original sponsor of the sel appointed for purposes of such proceeding, Code, is amended by inserting after the item re- legislation. I would like to commend the Federal magistrate judge may appoint as lating to chapter 211 the following new item: such counsel for purposes of such hearing a the gentleman for his leadership in this qualified military counsel. ‘‘212. Military extraterritorial juris- effort. ‘‘(2) For purposes of this subsection, the term diction ...... 3261’’. Mr. CHAMBLISS. Mr. Speaker, I ‘qualified military counsel’ means a judge advo- The SPEAKER pro tempore. Pursu- thank the gentleman from Ohio for his cate made available by the Secretary of Defense ant to the rule, the gentleman from leadership on this and for his coopera- for purposes of such proceedings, who— Ohio (Mr. CHABOT) and the gentleman tion in bringing this bill to the floor. ‘‘(A) is a graduate of an accredited law school from Virginia (Mr. SCOTT) each will Mr. Speaker, I rise in strong support or is a member of the bar of a Federal court or control 20 minutes. of this bill, which fixes a loophole in of the highest court of a State; and ‘‘(B) is certified as competent to perform such The Chair recognizes the gentleman the law and is critical to enforcing jus- duties by the Judge Advocate General of the from Ohio (Mr. CHABOT). tice and assisting America’s military armed force of which he is a member. GENERAL LEAVE leaders in maintaining order and dis- ‘‘§ 3266. Regulations Mr. CHABOT. Mr. Speaker, I ask cipline among our Armed Forces. ‘‘(a) The Secretary of Defense, after consulta- unanimous consent that all Members In many cases, when a crime is com- tion with the Secretary of State and the Attor- may have 5 legislative days within mitted by an American civilian who ac- ney General, shall prescribe regulations gov- which to revise and extend their re- companies our military overseas, they erning the apprehension, detention, delivery, marks and include extraneous material may be subject to prosecution by the and removal of persons under this chapter and on H.R. 3380. foreign government, or subject to pro- the facilitation of proceedings under section The SPEAKER pro tempore. Is there visions of an international agreement 3265. Such regulations shall be uniform which governs how these cases are han- throughout the Department of Defense. objection to the request of the gen- ‘‘(b)(1) The Secretary of Defense, after con- tleman from Ohio? dled. However, too many times there sultation with the Secretary of State and the At- There was no objection. are instances where American civilians torney General, shall prescribe regulations re- Mr. CHABOT. Mr. Speaker, I yield attached to a military unit commit quiring that, to the maximum extent practicable, myself such time as I may consume. crimes outside the United States but notice shall be provided to any person employed Mr. Speaker, H.R. 3380, the Military cannot be prosecuted because the for- by or accompanying the Armed Forces outside Extraterritorial Jurisdiction Act of eign governments decline to take any the United States who is not a national of the 1999, was introduced by the gentleman action and U.S. military or civilian law United States that such person is potentially from Georgia (Mr. CHAMBLISS) last enforcement agencies lack the appro- subject to the criminal jurisdiction of the United States under this chapter. year, together with the gentleman priate authority to prosecute these ‘‘(2) A failure to provide notice in accordance from Florida (Mr. MCCOLLUM), who is criminals. As a result, military com- with the regulations prescribed under para- the chairman of the Subcommittee on manders can only issue minor adminis- graph (1) shall not defeat the jurisdiction of a Crime. trative sanctions as a punishment for

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00151 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.118 pfrm02 PsN: H25PT1 H6930 CONGRESSIONAL RECORD — HOUSE July 25, 2000 serious crimes like rape, arson, or mur- citizens accountable for all criminal of- partment of Defense, the Department der. fenses. H.R. 3380 will finally close this of Justice, the National Education As- Let me give you just a couple of ex- legal loophole, that allows some crimi- sociation, the American Federation of amples of the problem our military nals outside the United States to avoid Teachers, and the ACLU who helped us faces. In one instance, a Department of prosecution and prevents justice from craft this bill. Defense teacher raped a minor and being served. The cooperative effort applied to this videotaped the event. The host country bill is a model for openness and col- b 2100 chose not to prosecute, and our govern- laboration which I would hope we ment did not have jurisdiction to pros- This bill will create a new Federal would see more of in this body. ecute the teacher. law that would apply Federal criminal The bill closes a loophole in the cur- In another case, the son of a contract statutes to crimes which are com- rent law which allows some individuals employee in Italy committed various mitted overseas by employees or de- to escape responsibility for criminal crimes, including rape, arson, assault pendents of members of the Armed acts committed outside of the United and drug trafficking. Again, because of Forces, persons employed by the De- States. Civilian employees, contractors a lack of jurisdiction to prosecute, as a partment of Defense, or contractors or and dependent family members of both punishment for these criminal acts the subcontractors of the Armed Forces. civilian and military personnel who son could only be barred from the base. The bill would preclude prosecution commit criminal acts while connected Finally, an Air Force employee mo- against a person if a foreign govern- to overseas military operations are not lested 24 children ages 9 to 14. However, ment prosecutes the defendant or if the covered by either the Military Code of because the host country refused to defendant is subject to the Uniform Justice, because they are not in the prosecute, the only recourse was again Code of Military Justice. military, nor by the Federal Criminal to bar this individual from the base. Department of Defense law enforce- Code because the acts were committed Certainly these flimsy punishments do ment personnel would be authorized to outside of the United States, as was in not match the seriousness of the arrest alleged criminals and would de- the example that the gentleman from crimes these individuals committed. liver them as soon as practicable to Georgia (Mr. CHAMBLISS) mentioned; For several decades, Congress has United States civilian law enforcement nor are recently discharged enlisted been urged to close this jurisdictional officials or to law enforcement per- personnel whose crimes are not pros- gap. In fact, 20 years ago the General sonnel of a foreign country. ecuted prior to discharge. Accounting Office reported that in 1977, Finally, the bill places limits on the Now, these crimes are technically foreign countries hosting American power of law enforcement personnel to subject to prosecution in the foreign troops and civilians refused to pros- remove arrested persons from the coun- country, but those who are attached to ecute 59 cases of serious crimes such as try in which they are arrested or found the military and commit a crime on a rape, manslaughter, arson, robbery and and ensure that the due process rights military base are generally not pros- burglary. of the accused are protected. ecuted by the foreign government who Today we have almost a quarter of a Mr. Speaker, I want to recognize the see this as a United States military million civilian employees and depend- leadership of Senator JEFF SESSIONS of problem, and they generally do not in- ents deployed with our military over- the great State of Alabama, who spon- seas. As we have drawn down our mili- tervene. The bill fixes this problem by sored the original bill and brought this extending Federal criminal jurisdiction tary services, civilian employees and issue to the forefront. I also want to contractors have played increasingly to these situations. thank the gentleman from Florida (Mr. It is my position that a United important roles in supporting our con- MCCOLLUM), the coauthor of this bill States citizen attached to military tingency operations. As this trend con- with me, along with the ranking mem- bases abroad who commits serious tinues unabated, crimes that fall into ber, the gentleman from Virginia (Mr. this jurisdictional gap continue to go criminal offenses while living on a SCOTT), in working together to craft a unpunished. military base should be held no less ac- In 1995, Congress directed the Depart- thorough and comprehensive approach countable than they would if they had ments of Defense and Justice to review to address this problem. committed such an offense in the this issue and make recommendations As I said earlier, this has been a true United States. It is also my position on the appropriate way to extend bipartisan effort and the gentleman that those individuals accused of such criminal jurisdiction to civilians ac- from Virginia (Mr. SCOTT) has been offenses are entitled to no less due companying the Armed Forces over- very helpful in coming together with process and other constitutional pro- seas. Our bill is built on the hard work us on the language and I want to thank tections than they would receive if the and efforts of the advisory committee him on the floor tonight and commend offense had been committed in the established by the Departments of De- him for his very dedicated service here. United States. fense and Justice which studied this We must continue our commitment This bill, as structured, effectively issue very thoroughly. We have worked to enforcing the law and reducing holds criminals responsible for acts and on a bipartisan basis with the Depart- crime. I strongly believe that now is provides decent due process protection ments in drafting this important legis- the time for Congress to act to close so that innocent people charged with a lation to ensure that crimes are pun- the loophole that allows civilian crimi- crime are considered for bail prior to ished. nals to escape prosecution of their trial and have a reasonable oppor- Furthermore, the courts have en- crimes, and I urge my colleagues to tunity to defend themselves. For that couraged Congress to close the jurisdic- join me in supporting H.R. 3380, the reason, Mr. Speaker, and with thanks tional gap in the law. In one case an Military Extraterritorial Jurisdic- to the cooperative effort of those who enlisted soldier was accompanied by tional Act. worked on this bill with me, I urge my her husband and stepdaughter on a Mr. CHABOT. Mr. Speaker, I reserve colleagues to support the bill. tour of duty in Germany. Upon return- the balance of my time. Mr. MCCOLLUM. Mr. Speaker, I am proud ing to the United States, the daughter Mr. SCOTT. Mr. Speaker, I yield my- to be the original co-sponsor of H.R. 3380 the gave birth to a child and revealed that self such time as I may consume. Military Extraterritorial Jurisdiction Act of 1999, the stepfather was in fact the baby’s Mr. Speaker, I rise to offer my sup- introduced by my friend and colleague Rep- father. The man was charged with sex- port for the bill; and I want to express resentative SAXBY CHAMBLISS last year. The ual abuse of a minor, but the case was my appreciation to the gentleman from bill as it is reported from the Judiciary Com- ultimately dismissed because the Court Florida (Mr. MCCOLLUM), chairman of mittee today is the product of close collabora- of Appeals found that the statute could the Subcommittee on Crime, and the tion between Mr. CHAMBLISS, myself, and the only be applied to a crime committed gentleman from Ohio (Mr. CHABOT) and ranking minority member of the Subcommittee within the United States. A lack of ju- the chief patron of the bill, the gen- on Crime, Representative SCOTT, together with risdiction allowed this crime to go tleman from Georgia (Mr. CHAMBLISS), the majority and minority staffs of the Sub- unpunished and justice to be avoided. for their hard work and bipartisan and committee on Crime. It also reflects the input Mr. Speaker, it is high time that we cooperative approach in developing of the Departments of Justice and Defense, give our government the ability to hold this bill; and also to the staff of the De- the American Civil Liberties Union, and the

VerDate 25-JUL-2000 06:13 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00152 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.226 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6931 National Education Association, and I am nally accountable for offenses committed over- prescribe regulations governing the apprehen- please to announce that the bill is supported seas has undermined deterrence, lowered mo- sion, detention, delivery, and removal of per- by both the Defense and Justice Departments rale, and threatened good order and discipline sons under the new chapter. as well as the ACLU and the NEA. in our military communities overseas. In addi- Finally, because this legislation will address H.R. 3380 was introduced on November 16, tion, the inability of U.S. authorities to ade- the unusual circumstance in which a person 1999. The Crime Subcommittee held a hear- quately respond to serious misconduct within who is not in the United States will be required ing on the bill on March 30, 2000. On May 11, the civilian component of the U.S. Armed to stand trial in this country, the bill restricts the Subcommittee reported the bill favorably, Forces, presents the strong potential for em- the power of military and civil law enforcement as amended, by voice vote. On June 27, the barrassment in the international community, officials to forcibly remove from a foreign Committee on the Judiciary ordered the bill re- increases the possibility of hostility in the host country a person arrested for, or charged with, ported, by voice vote. The report on the bill, nation's local community where our forces are a violation of section 3261. The bill prohibits House Report 106±778, was filed on July 20, stationed, and threatens relationships with our the removal of the person to the United States 2000. allies.'' In my mind, it is time for Congress to or to any foreign country other than a country H.R. 3380 would amend Federal law to es- address these problems by enacting this legis- in which the person is believed to have com- tablish Federal criminal jurisdiction over of- lation at this time. mitted the crime or crimes for which they have fenses committed outside the United States by H.R. 3380 will close the jurisdictional gap in been arrested or charged, except for several persons employed by or accompanying the existing law by extending Federal criminal ju- situations in which the limitation on removal United States Armed Forces. It would also es- risdiction to cover American personnel who does not apply. For example, the bill does not tablish Federal criminal jurisdiction over of- engage in conduct outside the United States prohibit the government from removing a de- fenses committed outside the United States by that would constitute an offense had it been fendant to the United States if a Federal judge members of the Armed Forces but who are committed within the special maritime and ter- orders the defendant to appear at a detention not tried for those crimes by military authori- ritorial jurisdiction of the United States. The hearing or to be detained pending trial, as or- ties and later cease to be subject to military extended criminal jurisdiction would apply to dered by a judge. In fact, judges are given the control. two groups of people: first, to persons em- discretion to order the defendant to be re- When members of the military, and the civil- ployed by or who are accompanying the moved at any time. The bill also allows De- ians accompanying them, commit crimes over- Armed Forces outside of the United States fense Department officials to remove the de- seas, they are subject to the jurisdiction of the and second, to persons who are members of fendant from the place where he or she is ar- nations where those crimes occurred. Military the Armed Forces at the time they committed rested if the Secretary of Defense determines members are also subject to prosecution criminal acts but thereafter cease to be sub- that military necessity requires it. In such an under the Uniform Code of Military Justice ject to UCMJ jurisdiction without having been event, however, the defendant may only be re- (UCMJ), and when they commit crimes over- tried by courts-martial. moved to the nearest United States military in- seas they are usually prosecuted by the mili- The bill defines the phrase ``accompanying stallation outside the United States that is ade- tary. Surprisingly, the nations that host Ameri- the Armed Forces outside the United States'' quate to detain the person and facilitate the cans personnel often choose not to prosecute to mean those persons who are dependents of initial proceedings described in the bill. civilians who commit crimes within their terri- members of the Armed Forces, civilian em- In order to allow most defendants to remain tories. This is most often the case when Amer- ployees of a military department or the Depart- in the country where they are arrested, or icans commit crimes against other Americans ment of Defense, or a DoD contractor or sub- where they are located when charged with a or their property. These civilians often go contractor, or an employee of a DoD con- violation of section 3261, until the time of trial, unpunished because there is no Federal juris- tractor or subcontractor. As used in the bill, the bill enacts novel provisions that allow for diction covering their criminal conduct in most the term ``dependents'' also includes juveniles certain of the initial proceedings that may take cases. For most crimes, Federal (and state) who are dependents of such persons. In all place in a Federal criminal case to be con- criminal jurisdiction stops at our nation's bor- cases, however, the dependent must reside ducted by telephone or even video teleconfer- ders and so, persons who commit these with the military member, employee, contractor encing. The bill allows Federal judges to con- crimes overseas cannot be prosecuted under or contractor employee and not be a national duct the initial appearance in that matter. As American law. Further, if military members are of or ordinarily resident in a host nation in a practical matter, because the Federal Rules discharged before their crimes are discovered, order for United States jurisdiction to apply. of Criminal Procedure require that the initial they too are beyond the reach of a military The bill will bring within the scope of the new appearance be held without unnecessary court martial. Each year, numerous incidents crime both American citizens and nationals, as delay after a person is arrested, conducting of rape, sexual abuse, aggravated assault, well as persons who are nationals of other that appearance by telephone or video tele- robbery, drug distribution, and a variety of countries, provided those persons are not na- conferencing may be the only way to satisfy fraud and property crimes committed by Amer- tionals of or ordinarily resident in the host na- this requirement. If a detention hearing will be ican civilians abroad go unpunished because tion. The bill also defines the phrase ``em- held in that case, and if the defendant re- host nations choose to waive jurisdiction over ployed by the Armed Forces outside the quests, that hearing also may be conducted them. United States'' to mean civilian employees of by telephone or other means that allows voice Clearly, no crime, especially violent crimes the Defense Department, DoD contractors or communication among the participants. and crimes involving significant property dam- subcontractors, or employees of a DoD con- These removal provisions reflect the input of age, should go unpunished when it is com- tractor or subcontractor. the Departments of Justice and Defense, as mitted by persons employed by or accom- The bill prohibits a prosecution under the well as the ACLU and the NEA. I want to panying our military abroad. In most, if not all new law statute if a foreign government has thank their representatives for working so cases, the only reason why these people are prosecuted or is prosecuting such person for closely with the majority and minority staffs of living in a foreign country is because our mili- the conduct constituting the offense in accord- the Subcommittee on Crime in order to re- tary is there and they have some connection ance with jurisdiction recognized by the United solve concerns over this aspect of the bill. to it. It is clear that the government has an in- States, but allows the Attorney General or the Today, following consideration of H.R. 3380, terest in ensuring that they are punished for Deputy Attorney General to waive this provi- I understand that the House will take the bill any crimes they commit there. Just as impor- sion in appropriate cases. The bill further pro- S. 768 from the desk and move it to its imme- tantly, as many of the crimes going vides that the Secretary of Defense may des- diate consideration. This bill is similar to H.R. unpunished are committed against American ignate and authorize persons serving ``in law 3380, at least in purpose, and was introduced victims and American property, the govern- enforcement position'' in the Department of in the other body by Senator JEFF SESSIONS of ment has an interest in using its law to punish Defense to arrest those who are subject to the Alabama. It passed the other body by voice those who commit these crimes. new statute when there is probable cause to vote on July 1, 1999. Pursuant to an agree- In addition to the moral justification in pun- believe that the person engaged in conduct ment between Senator SESSIONS, Representa- ishing these acts, punishing them will also that constitutes an offense under the new stat- tive CHAMBLISS, and myself, following the pas- have a beneficial effect on the functioning of ute. Persons arrested by DoD personnel are sage of H.R. 3380 the House will amend S. the military. As a Defense Department witness to be delivered ``as soon as practicable'' to the 768 by striking the text of that bill as it passed testified at the hearing on H.R. 3380 held by custody of civilian law enforcement authorities the other body and insert the text of H.R. 3380 the Subcommittee on Crime. ``The inability of of the United States for removal to the United as it was passed by the House. The House the United States to appropriately pursue the States for criminal proceedings. The bill also will then pass, S. 768, and send that bill, as interests of justice and hold its citizens crimi- provides that the Secretary of Defense is to amended to the other body for passage. In

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00153 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JY7.127 pfrm02 PsN: H25PT1 H6932 CONGRESSIONAL RECORD — HOUSE July 25, 2000 short, the bill that will be signed into law will other activities chargeable in whole or part shall be awarded to other qualifying appli- be numbered S. 768 but will contain the text in part against the revenues of said cants.’’. of H.R. 3380 as passed here today. District for the fiscal year ending Sep- (c) APPLICATIONS.—Section 2502 (42 U.S.C. 3796ll–1) of the Omnibus Crime Control and Safe I want to thank Representative CHAMBLISS tember 30, 2001, and for other purposes, Streets Act of 1968 is amended by inserting after for his leadership on this important issue and which was referred to the House Cal- subsection (c) the following new subsection: Representative SCOTT for all of the work that endar and ordered to be printed. ‘‘(d) APPLICATIONS IN CONJUNCTION WITH he and his staff have put in on this bill. I also f PURCHASES.—If an application under this sec- want to thank several of the representatives of tion is submitted in conjunction with a trans- BULLETPROOF VEST the Department of Defense and Justice who action for the purchase of armor vests, grant PARTNERSHIP GRANT ACT OF 2000 have spent a great deal of time working with amounts under this section may not be used to the staff of the Subcommittee on Crime on this Mr. CHABOT. Mr. Speaker, I move to fund any portion of that purchase unless, before bill and whose input has been invaluable in suspend the rules and pass the bill the application is submitted, the applicant— (H.R. 4033) to amend the Omnibus ‘‘(1) receives clear and conspicuous notice developing the legislation. From the Depart- that receipt of the grant amounts requested in ment of Justice, Mr. Roger Pauley, Director for Crime Control and Safe Streets Act of the application is uncertain; and Legislation, Office of Policy and Legislation. 1968 to clarify the procedures and con- ‘‘(2) expressly assumes the obligation to carry From the Department of Defense: Mr. Robert ditions for the award of matching out the transaction regardless of whether such Reed, Associate Deputy General Counsel; grants for the purchase of armor vests, amounts are received.’’. Brigadier General Joseph Barnes, Assistant as amended. (d) DEFINITION OF ARMOR VEST.—Paragraph Judge Advocate General, U.S. Army; Colonel The Clerk read as follows: (1) of section 2503 (42 U.S.C. 3796ll–2) of such Act is amended— H.R. 4033 David Graham, Chief International and Oper- (1) by striking ‘‘means body armor’’ and in- ational Law Division, Office of The Judge Ad- Be it enacted by the Senate and House of Rep- serting the following: ‘‘means— vocate General; Colonel Donald Curry, Special resentatives of the United States of America in ‘‘(A) body armor’’; and Assistant for Legal Issues and Installations, Congress assembled, (2) by inserting after the semicolon at the end Office of the Assistant Secretary of DefenseÐ SECTION 1. SHORT TITLE. the following: ‘‘or Legislative Affairs; Lieutenant Colonel Ronald This Act may be cited as the ‘‘Bulletproof Vest ‘‘(B) body armor which has been tested Miller, Deputy Chief, International and Oper- Partnership Grant Act of 2000’’. through such voluntary compliance testing pro- ational Law Division, Office of The Judge Ad- SEC. 2. FINDINGS. gram, and found to meet or exceed the require- Congress finds that— ments of NIJ Standard 0115.00, or any subse- vocate General, U.S. Army; Lieutenant Colo- quent revision of such standard;’’. nel Denise Lind, Criminal Law Division, Office (1) the number of law enforcement officers who are killed in the line of duty would signifi- (e) INTERIM DEFINITION OF ARMOR VEST.—For of The Judge Advocate General, U.S. Army; cantly decrease if every law enforcement officer purposes of part Y of title I of the Omnibus Major (promotable) Gregory Baldwin, Legisla- in the United States had the protection of an Crime Control and Safe Streets Act of 1968, as tive Counsel, Office of the Chief, Legislative armor vest; amended by this Act, the meaning of the term Liaison, U.S. Army. (2) according to studies, between 1985 and ‘‘armor vest’’ (as defined in section 2503 of such Finally, I want to thank the members of the 1994, 709 law enforcement officers in the United Act (42 U.S.C. 37966ll–2)) shall, until the date on staff of the Subcommittee on Crime who have States were feloniously killed in the line of duty; which a final NIJ Standard 0115.00 is first fully (3) the Federal Bureau of Investigation esti- approved and implemented, also include body worked so hard to craft this legislation: Glenn armor which has been found to meet or exceed Schmitt, Chief Counsel; Rick Filkins, Counsel; mates that the risk of fatality to law enforce- ment officers while not wearing an armor vest is the requirements for protection against stabbing Bobby Vassar, Minority Counsel; Iden Martyn, 14 times higher than for officers wearing an established by the State in which the grantee is Minority DOJ Detailee. I know Mr. SCOTT joins armor vest; located. me in thanking all of them for their hard work. (4) according to studies, between 1985 and (f) AUTHORIZATION OF APPROPRIATIONS.—Sec- The issue of crimes committed by persons 1994, bullet-resistant materials helped save the tion 1001(a)(23) of the Omnibus Crime Control who accompany our Armed Forces abroad lives of more than 2,000 law enforcement officers and Safe Streets Act of 1968 (42 U.S.C. has been the subject of bills introduced in in the United States; and 3793(a)(23)) is amended by striking the period at (5) the Executive Committee for Indian Coun- the end and inserting the following: ‘‘, and Congress for over 40 years. It's high time we $50,000,000 for each of fiscal years 2002 through acted to fix this problem. H.R. 3380 will do just try Law Enforcement Improvements reports that violent crime in Indian country has risen sharp- 2004.’’. that. I urge all of my colleagues to support this ly, despite a decrease in the national crime rate, The SPEAKER pro tempore. Pursu- bill. and has concluded that there is a ‘‘public safety Mr. SCOTT. Mr. Speaker, I yield ant to the rule, the gentleman from crisis in Indian country’’. Ohio (Mr. CHABOT) and the gentleman back the balance of my time. SEC. 3. MATCHING GRANT PROGRAM FOR LAW Mr. CHABOT. Mr. Speaker, I have no from Virginia (Mr. SCOTT) each will ENFORCEMENT ARMOR VESTS. control 20 minutes. further requests for time, and I yield (a) MATCHING FUNDS.—Section 2501(f) (42 back the balance of my time. U.S.C. 3796ll(f)) of the Omnibus Crime Control The Chair recognizes the gentleman The SPEAKER pro tempore (Mr. and Safe Streets Act of 1968 is amended— from Ohio (Mr. CHABOT). TANCREDO). The question is on the mo- (1) by striking ‘‘The portion’’ and inserting GENERAL LEAVE tion offered by the gentleman from the following: Mr. CHABOT. Mr. Speaker, I ask ‘‘(1) The portion’’; Ohio (Mr. CHABOT) that the House sus- unanimous consent that all Members (2) by striking ‘‘subsection (a)’’ and all that may have 5 legislative days within pend the rules and pass the bill, H.R. follows through the period at the end of the first 3380, as amended. sentence and inserting ‘‘subsection (a)— which to revise and extend their re- The question was taken; and (two- ‘‘(A) may not exceed 50 percent; and marks and include extraneous material thirds having voted in favor thereof) ‘‘(B) shall equal 50 percent, if— on the H.R. 4033, the bill under consid- the rules were suspended and the bill, ‘‘(i) such grant is to a unit of local govern- eration. as amended, was passed. ment with fewer than 100,000 residents; The SPEAKER pro tempore. Is there A motion to reconsider was laid on ‘‘(ii) the Director of the Bureau of Justice As- objection to the request of the gen- the table. sistance determines that the quantity of vests to tleman from Ohio? be purchased with such grant is reasonable; and f There was no objection. ‘‘(iii) such portion does not cause such grant Mr. CHABOT. Mr. Speaker, I ask REPORT ON RESOLUTION PRO- to violate the requirements of subsection (e).’’; and unanimous consent that the gentleman VIDING FOR CONSIDERATION OF from New Jersey (Mr. LOBIONDO) be H.R. 4942, DISTRICT OF COLUMBIA (3) by striking ‘‘Any funds’’ and inserting the following: permitted to control my time. APPROPRIATIONS ACT, 2001 ‘‘(2) Any funds’’. The SPEAKER pro tempore. Is there Mr. LINDER (during consideration of (b) ALLOCATION OF FUNDS.—Section 2501(g) objection to the request of the gen- motion to instruct on H.R. 4578), from (42 U.S.C. 3796ll(g)) of the Omnibus Crime Con- tleman from Ohio? the Committee on Rules, submitted a trol and Safe Streets Act of 1968 is amended to There was no objection. read as follows: privileged report (Rept. No. 106–790) on Mr. LOBIONDO. Mr. Speaker, I yield ‘‘(g) ALLOCATION OF FUNDS.—Funds available the resolution (H. Res. 563) providing under this part shall be awarded, without re- myself such time as I may consume. for consideration of the bill (H.R. 4942) gard to subsection (c), to each qualifying unit of (Mr. LOBIONDO asked and was given making appropriations for the govern- local government with fewer than 100,000 resi- permission to revise and extend his re- ment of the District of Columbia and dents. Any remaining funds available under this marks.)

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00154 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.128 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6933 Mr. LOBIONDO. Mr. Speaker, I am partment of Justice reported that ju- I would also like to thank my col- very pleased to come before the House risdictions with under 100,000 residents league, the gentleman from Virginia today in support of H.R. 4033, the Bul- received a disproportionately low share (Mr. SCOTT), for his help in this effort. letproof Vest Reauthorization Act of of Federal funds. An average of only 22 The gentleman from Virginia (Mr. 2000. This noncontroversial, bipartisan cents on the dollar came from the Fed- SCOTT) was influential on the Com- legislation was introduced by the gen- eral Government. mittee on the Judiciary as we were tleman from Indiana (Mr. VISCLOSKY) Mr. Speaker, that is not what we in moving this bill through; and saving and myself in March, and it passed out this House originally intended, and for last, my colleague, the gentleman of the full Committee on the Judiciary this legislation helps correct that. from Indiana (Mr. VISCLOSKY). by voice vote on July 7. The bill before us today will extend The gentleman from Indiana (Mr. To me, this is a very simple issue and and improve the current bulletproof VISCLOSKY) and I have worked on this one that I know well. I firmly believe vest program. First, the annual author- bill from the very beginning. This is that when a police officer is issued a ization will be doubled from $25 million probably a great example of a partner- badge and a gun they should also be to $50 million per year through the ship to be developed to move legisla- issued a bulletproof vest. When police year 2004, extending the program for 3 tion that is meaningful and can do officers put their lives on the line more years. That is critical to enable something in a very positive way and every day protecting our neighbor- all the officers across the Nation to be save lives. That is the bottom line hoods, they deserve the highest level of able to take advantage of this program here. protection and security, which only a which saves lives. Mr. Speaker, I urge my colleagues to bulletproof vest can provide. Second, language was included in the support this legislation. When I first introduced the original bill which will guarantee that smaller Mr. Speaker, I reserve the balance of bulletproof vest bill during the 105th jurisdictions receive a fair portion of my time. Congress, I modeled the program after the funding. Mr. SCOTT. Mr. Speaker, I yield my- a Vest-a-Cop and Shield-the-Blue pro- Finally, those jurisdictions and cor- self such time as I may consume. Mr. Speaker, I rise in support of this grams established in Southern New rections officers who have been waiting bill. First, I want to commend my col- Jersey many years ago. When I was for the national stab-proof standard to league, the gentleman from Indiana first elected to Congress, then Sergeant be approved by the Department of Jus- (Mr. VISCLOSKY), and the gentleman Rich Gray, an Atlantic County police tice will be able to purchase state-ap- from New Jersey (Mr. LOBIONDO) for officer in Pleasantville came to me proved bulletproof and stab-proof vests their hard work and dedication in telling me of a program that they had under this standard. That is a very big bringing this bill forward. I also want put together in Atlantic County, New improvement from where we were on to thank the chairman of the sub- Jersey. the last go-around. Sergeant Gray, who is now Chief The stab-proof issue is of particular committee, the gentleman from Flor- interest to me because it hits very Rich Gray of the Pleasantville Police ida (Mr. MCCOLLUM), and the gen- close to home. Corrections Officer Fred Department, and a very dedicated tleman from Ohio (Mr. CHABOT) and Baker in my district in New Jersey was group of police officers decided that it their staffs for their cooperative and stabbed to death while on duty at was time to do something about those bipartisan spirit in developing this bill Bayside State Prison. Officer Baker who were defending our citizens every and moving it expeditiously along the was not wearing a vest at the time. We day who did not have protection. They way. can only speculate as to whether his The Bulletproof Vest Partnership started a program called Vest-a-Cop. life would have been spared had he had Grant Act will reauthorize and double That Vest-a-Cop program began to the opportunity to wear a vest, but the funding for this lifesaving program. grow in Atlantic County and it was many of us believe had he had that op- I can think of no better way to show really the genesis for the idea that I portunity that Officer Baker would be our gratitude and respect for the brave had and subsequently found out that alive today. men and women who put their lives on my colleague, the gentleman from In- If Officer Baker had the chance, I am the line every day to serve and protect diana (Mr. VISCLOSKY), had from his ju- sure he would not have hesitated to put the citizens of this country than to risdiction in Indiana. that vest on. At that time, the Vest-a-Cop pro- fully fund a program which may well It is critical that Members vote in save their lives and protect them from gram was actually raising money in a favor of this legislation. According to variety of different ways. They were grave harm. the FBI, an average of over 100 officers Regrettably, as has already been reaching out to the community asking are assaulted every day and in 1999, 139 mentioned, we have had more requests people in the community to understand officers were slain while in the line of for funding than we have had funding, the needs of police officers and asking duty. There are still thousands of offi- and this bill will allow us to meet people in the community to contribute. cers on duty who do not have access to those requests. With a proven track We had Scouts who were basically bak- these life-saving vests. This is an op- record of having saved thousands of ing cookies and cupcakes and selling portunity for us as Members of Con- lives since their inception, we should them. We had events of all different gress, who talk so very often about the not only ensure that all officers subject kinds that were providing vests one importance of law enforcement to us, to harm from gunfire have access to and two and three at a time. who talk about what we want to do to bulletproof vests but also all officers This program is one that we modeled provide law enforcement the oppor- after that, and we realized that doing subject to stab wounds, such as correc- tunity to help protect themselves as tional officers, are provided with vests it piecemeal was not going to really they keep our citizens safe, this is our cut it and protect our officers for what that can save their lives. That is why, opportunity to do something. Mr. Speaker, I supported the amend- they needed. This common sense bill has gained ment of the gentleman from Florida The current bulletproof vest partner- the support of 264 bipartisan cospon- (Mr. MCCOLLUM) at the subcommittee ship program has enabled police juris- sors, as well as major law enforcement markup to allow funding for stab-proof dictions across the Nation to purchase organizations across this Nation. I over 180,000 bulletproof vests over the vests as well as bulletproof vests. would like to commend all of those Mr. Speaker, I urge my colleagues to last 2 years, 180,000 vests that probably who were involved in bringing this bill would not have been purchased other- support the bill. to the floor today. Mr. Speaker, I reserve the balance of wise. However, due to the tremendous I would first like to thank the major- my time. popularity of the program, and actu- ity leader, the gentleman from Texas ally the program became much more (Mr. ARMEY), who put up with my pleas b 2115 popular than we ever anticipated, we and pestering for so very long about Mr. LOBIONDO. Mr. Speaker, I yield were not able to meet all of the de- the importance of this bill; the gen- 3 minutes to the gentleman from Colo- mands. None of the jurisdictions re- tleman from Illinois (Mr. HYDE); and rado (Mr. MCINNIS). ceived the full 50/50 Federal-State the subcommittee chairman, the gen- Mr. MCINNIS. Mr. Speaker, I thank match this year; and, in fact, the De- tleman from Florida (Mr. MCCOLLUM). the gentleman from New Jersey for

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00155 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.233 pfrm02 PsN: H25PT1 H6934 CONGRESSIONAL RECORD — HOUSE July 25, 2000 yielding me this time. I also thank, in must be accountability on a bill. When law provided a program which author- fact, all the people that have put forth we measure the accountability of this ized $25 million per year to pay up to 50 effort in this. bill, we see the dollars we spend out percent of the costs of bulletproof vests Mr. Speaker, I used to be a police of- and what we are getting in return. for local and State law enforcement ficer; and I can tell my colleagues Clearly, the return that we have gotten agencies. something. On the street, the cheapest is such that it easily justifies the addi- In order to ensure that smaller juris- life insurance policy an officer can get tional appropriation and the additional dictions received a fair share of the is a bulletproof vest. It does not give authorization that this bill asks for. funds, the money was to be distributed 100 percent protection. They can still Mr. Speaker, I commend both of the evenly with half going to jurisdictions take a head shot or a shot in an artery gentlemen for their efforts in this re- under 100,000 residents and half going in the leg. But it guarantees a lot bet- gard. And I can tell these gentlemen to larger jurisdictions. In each of the ter odds than they have without it. that they will never get a thanks, be- first 2 years of this program, the Bul- I remember the days when I was cop cause people will not think of them. letproof Vest Partnership Grant Act on the street unit and the vests we put But there will be many families in the has provided over 3,000 law enforce- on; it is like it was yesterday. It was future that will thank them for the ment agencies with funding to pur- like putting on a bucket filled with saving of a life of their loved one. chase over 90,000 bulletproof vests and concrete. They were miserable. When Mr. SCOTT. Mr. Speaker, I yield such body armor. the officer bent, they would not bend time as he may consume to the gen- Mr. Speaker, I would point out that so it looks like they twisted their neck tleman from Indiana (Mr. VISCLOSKY), we are talking about reauthorizing leg- as they tried to go around. The cops the original cosponsor of the legisla- islation today, but I would also want to did not like to wear them. The other tion who has done so much work to add my ‘‘thank you’s’’ to the gen- problem was that when they were on bring this bill forward. tleman from Kentucky (Mr. ROGERS) the force for a while, like several of my (Mr. VISCLOSKY asked and was who chairs the subcommittee, as well colleagues, bless their hearts, they given permission to revise and extend as the gentleman from New York (Mr. never thought it would happen to his remarks.) SERRANO), who is the ranking Demo- them. They just read the stories. We Mr. VISCLOSKY. Mr. Speaker, I ap- cratic member, for ensuring that in were in small communities. preciate the gentleman from Virginia each of the first 2 years of this Act the The third problem we had, which the (Mr. SCOTT) yielding me this time. full appropriation was granted. However, in the most recent year of gentleman from New Jersey (Mr. Mr. Speaker, I rise today in support the program, funding was insufficient LOBIONDO) and the gentleman from of H.R. 4033, the Bulletproof Vest Part- to provide any law enforcement agency Virginia (Mr. SCOTT) recognized, was nership Grant Act of 2000. I would like with the full matching grant requested the fact that in small communities we to recognize the over 260 of my col- under the program. And, in fact, the did not necessarily have the resources. leagues who have joined as cosponsors average grant award represented only I remember going to the big cities, how of this bipartisan legislation designed 30 percent of the cost of the vest, a 20 much we admired the equipment that to save the lives of police officers. percent shortfall on the Federal side. they had. I mean, I am not that old, Foremost among them, I would want to For many smaller agencies, the short- thank the gentleman from New Jersey but this does show my age. We still had fall is devastating and could end up (Mr. LOBIONDO) who has proven that he a fire truck that we winded on the taking away funding from other impor- is an indispensable leader on this vital front. We had to crank it. So bullet- tant departmental programs. proof vests, that really meant some- issue and that his commitment to po- Mr. Speaker, we must honor our com- thing to us. lice officers is absolute. mitment to provide these agencies with Mr. Speaker, I think this is an excel- I would also express my appreciation the full 50 percent of the cost of these lent bill. And clearly the technology to the gentleman from Florida (Mr. vests, and in order to do so H.R. 4033 has advanced. I had an opportunity not MCCOLLUM), the chairman of the Sub- doubles the yearly authorization for long ago, in fact, one of our surgeons at committee on Crime, as well as the the program to $50 million. The origi- the hospital, one of our military sur- gentleman from Virginia (Mr. SCOTT), nal authorization of this program also geons who recently retired, his hobby the ranking Democrat, who have lent included a provision to allow the pur- was research on bulletproof vests. Be- their powerful voices to this important chase of stabproof vests for corrections lieve it or not, they would take cadav- cause and who have been indispensable officers and sheriff’s deputies who regu- ers and take vests and try different and tireless in ensuring that this legis- larly face violent criminals at close things. The advancement that we have lation is brought to the floor. quarters in our Nation’s jails. seen in technology could just mandate Mr. Speaker, after me, the gentleman Unfortunately, the Department of that these be put on every officer out from West Virginia (Mr. WISE), will Justice decided that requests for fund- there. also speak and I will recognize his tire- ing for stabproof vests under the pro- Mr. Speaker, I know the statistics. less efforts as well to secure many of gram were not valid until a national The statistics of over 2,000 officers the cosponsors of this legislation. standard was developed for such vests saved. I will tell my colleagues what Mr. Speaker, studies show that be- by the National Institutes of Justice. else it does. It not only has saved 2,000 tween 1980 and 1996, there were over After 2 years of development, NIJ con- lives, but it gives a lot of officers some 2,182 felonous deaths of police officers tinues to delay the implementation of confidence to go into situations that due to firearms and that of those such a standard. In order to address they would not otherwise have. Now, it deaths, 924 of the officers were not this issue, we supported an amendment is true that it may give some overcon- wearing bulletproof vests. The Federal to this bill offered by the gentleman fidence, but the fact is there are a lot Bureau of Investigations has estimated from Florida (Chairman MCCOLLUM) of situations where officers feel they that the risk of fatality from a firearm during subcommittee consideration are outgunned. But having the right for officers not wearing body armor is which will allow States to develop kind of equipment, they can go in there 14 times higher than those wearing the their own stabproof vest standards quick. armor. The gentleman from Colorado until the NIJ makes good on their As a police officer, they often find alluded to the 2,500 police officers promise. themselves in a situation. They were whose lives have been saved from gun- And, finally, this bill would take not paid to sit on the street and watch fire since its introduction in the mid- extra precautions to ensure that those what was happening; they were paid to 1970s. small agencies which are often most in get in the way of danger and go in and But despite these statistics, tens of need of additional funding for vests stop it. They can go in with more bold- thousands of law enforcement officers would receive the entire grant for ness when they have the protection do not even have access to a vest. In which they apply. The program has that this bill offers. order to alleviate this problem, in 1997, fallen short of giving many of these This is an excellent bill. And the way the gentleman from New Jersey (Mr. agencies a full grant and, therefore, a bill should be measured, and obvi- LOBIONDO) and I introduced the Bullet- H.R. 4033 includes a provision which en- ously it sounds great, but there really proof Vest Partnership Grant Act. This sures that smaller jurisdictions, again

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00156 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.235 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6935 those under 100,000 residents, will re- This Congress took some steps in the our law enforcement. It is good legisla- ceive all of the funding they request early 1990s with an amendment that I tion. It is a good Federal-local partner- before money is allocated to larger ju- offered on the DOD bill that permitted ship, and I would ask my colleagues to risdictions. for the first time police departments to support this effort to save the lives of Mr. Speaker, in this age of cross- buy equipment at the lowest possible our law enforcement officers. country drug and illegal firearms traf- discount price, but yet they still had to Mr. Speaker, I thank you for allowing time ficking, even rural and small town po- pay the full amount, even though it for discussion on this important subject matter, lice officers increasingly find them- was the lowest price, because they were for few issues will command more attention selves faced with dangerous, well- buying in volume. than that of providing for the safety of our Na- armed criminals. We must protect the This legislation took a much more tion's law enforcement officers. Crown Point, Indiana, police officer important step to say that there would Everyday a many law enforcement officers who unknowingly pulls over an armed be a grant to assist local governments leave their homesÐleaving behind their par- drug dealer on Highway 231 as much as and municipalities in the cost of pro- ents, children, wives and siblingsÐto faithfully the New York City police officer in- curing that bulletproof vest. This legis- uphold and enforce the laws of America. volved in an orchestrated drug raid. lation tonight now continues that Every time they leave home there is a void, a Our legislation is intended to reau- process. void of certainty as to whether the faithful offi- thorize a highly successful program in It is estimated that 2,000 police offi- cer will return. When that officer hugs and order to make sure that every police cers in the past 10 years have been kisses his or her family before leaving for and corrections officer who needs a bul- saved by having bulletproof vests. That work, they often ask themselves whether this letproof vest gets one. It was clear to alone demonstrates how important this is the last hug, the last kiss or the last time us that every officer on the street is. And, of course, this legislation they will say to their childrenÐHave a good should have a vest and that the need to takes important steps because it in- day at school! supply officers with vests is important cludes correctional officers, a very, When our officers leave for work, their fami- enough to warrant direct Federal as- very dangerous profession as well. lies anxiously await their return; asking each sistance. I am very grateful that this legisla- time the phone ringsÐis this that dreaded call! Mr. Speaker, at the heart of this ef- tion is moving. It is getting dark out- Yet, our officers devotedly show up for work fort is our desire to save the lives of side and somewhere tonight in West everyday, not just for the protection of their police officers. When we make this Virginia, as is true in every State own families but for the protection of everyone commitment we offer protection, not across the country, somewhere tonight who depend on themÐall of America! just to the officers but to every com- a State trooper is going to walk up on We have the opportunity to say to our local munity in America, we prevent the suf- a strange car on a lonely rural highway protectors, that we are just as concerned with fering of families of fallen officers, we and he or she is not going to know their safety as they are concerned with our prevent the loss of leaders in our com- what is in that car or what may be safety and the safety of our friends and our munity. Perhaps most importantly, we coming at them from behind that car families. We have the opportunity to make give those who protect us the ability to door. Somewhere tonight a deputy available a device that has been found to re- do their job better, more confidently, sheriff is going to answer a domestic duce the likelihood of death by a firearm of and with the knowledge that their en- violence call and will not know wheth- one of our officers by 14 times. tire Nation is behind them every day, er there is a shotgun waiting behind The bulletproof vest is credited for saving even in the most dangerous of situa- that front door. And somewhere to- the lives of over 2,000 police officers since it tions. was introduced in 1970. It is a small piece of Mr. Speaker, I urge my colleagues to night a municipal officer is likely to be equipment. However, the benefits of its use support this legislation. preparing for a drug raid. Once again, Mr. SCOTT. Mr. Speaker, could the when they go down that alley, they do are too large to be measured. We will never Chair advise how much time we have not know what is coming at them. This be able to measure the value of a police offi- remaining? protects them much more than they cer's life or the joy the officer's family feels The SPEAKER pro tempore (Mr. had before. when he or she returns home from a job TANCREDO). The gentleman from Vir- So as we ask them to go out and to which involves the ultimate riskÐthe risk of ginia controls 121⁄2 minutes. answer our call, so it is that we should dying. Furthermore, we must be aware that we Mr. SCOTT. Mr. Speaker, I yield such answer their call. I thank those who will never be able to measure the value of the time as he may consume to the gen- have made it possible to bring this leg- comfort we'll feel under the blanket of protec- tleman from West Virginia (Mr. WISE). islation to the floor and to protect the tion that our police officers provide. Mr. WISE. Mr. Speaker, I thank the men and women who serve us so well in By supporting this increase in funding for gentleman from Virginia (Mr. SCOTT) our law enforcement community. the Bulletproof Vest Grant Program, we will for yielding me this time, and I par- Mr. SCOTT. Mr. Speaker, I yield such send a message to those brave men and ticularly thank the gentleman from time as she may consume to the gen- women and their families that Congress and New Jersey (Mr. LOBIONDO) and the tlewoman from Texas (Ms. JACKSON- our Nation support and recognize the hard gentleman from Indiana (Mr. VIS- LEE), a member of the Committee on work and danger they endure to guarantee the CLOSKY) for their work in getting this the Judiciary. safety of all of America's people. We all know bill to the floor. Ms. JACKSON-LEE of Texas. Mr. that the support of others makes any job com- Mr. Speaker, it was not that many Speaker, I thank the gentleman from pleted or any goal achieved more rewarding. years ago in West Virginia that I heard Virginia (Mr. SCOTT) very much for What amount of support could be greater than the story at Christmastime of a young yielding me this time, and I thank the the support of a Nation such as ours? wife who was using her Christmas sav- authors of this legislation. My com- As the technology of the world advances ings to buy a bulletproof vest for her pliments on saving lives. daily, we must ensure that these advance- law enforcement husband. That just Mr. Speaker, as a member of the ments are available to our Nation's peace offi- shocked me, to be honest, that when Houston City Council, one of the issues cers. America's police officers must have ac- they got the badge and they got the we were concerned with was law en- cess to the best safety equipment to combat gun and they got the uniform, they did forcement and the protection of our of- the improved, sophisticated weapons of the not get the vest. ficers and the protection of our com- crime world. So that began to open a lot of our munity. This legislation helps to part- Three-thousand-five-hundred-and-eleven ju- eyes, I think. Then when I began look- nership with local communities, rural risdictions applied for the Bulletproof Grant. ing around and I was watching families and urban centers, small towns and vil- Two-thousand-six-hundred-and-sixty-eight of and churches and FOP lodges and oth- lages where they cannot afford to have these jurisdictions received the 50±50 match- ers holding bake sales to buy bullet- the resources for these bulletproof ing grant they expected. The increased fund- proof vests. No one should have to hold vests. ing provided by H.R. 4033 will not only ensure a bake sale to protect their life or pro- These vests save lives and they se- that the other 843 jurisdictions that applied for tect the life of their loved one, and par- cure our law enforcement officers as the grant in the past will receive the 50±50 ticularly when we ask that loved one they work to secure us. This is a strike matching funds they expected, H.R. 4033 will to take extraordinary steps for society. for a positive response to the needs of also make available funding for additional

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00157 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.236 pfrm02 PsN: H25PT1 H6936 CONGRESSIONAL RECORD — HOUSE July 25, 2000 grants for other jurisdictions. Thus, more of The question was taken. enna Convention on Consular Relations has our police officers will be protected while pro- Mr. LOBIONDO. Mr. Speaker, on that been used for any nondiplomatic purpose (in- viding our communities with security. I demand the yeas and nays. cluding use as rental property), the proceeds This bill provides that each qualifying juris- The yeas and nays were ordered. of such use; or ‘‘(ii) if any asset subject to the Vienna diction that serves under 100,000 residents The SPEAKER pro tempore. Pursu- Convention on Diplomatic Relations or the will receive a full 50±50 matching grant for ant to clause 8 of rule XX and the Vienna Convention on Consular Relations is body armor purchases. This provision ensures Chair’s prior announcement, further sold or otherwise transferred for value to a that police officers in our small towns and rural proceedings on this motion will be third party, the proceeds of such sale or areas that operate under limited budgets are postponed. transfer. ‘‘(C) In this paragraph, the term ‘property provided the same level of protection available f to officers in our larger cities who have larger subject to the Vienna Convention on Diplo- matic Relations or the Vienna Convention budgets to purchase safety equipment. JUSTICE FOR VICTIMS OF TERRORISM ACT on Consular Relations’ and the term ‘asset Our officers that patrol our neighborhoods subject to the Vienna Convention on Diplo- are not the only ones who will receive addi- Mr. CHABOT. Mr. Speaker, I move to matic Relations or the Vienna Convention tional safety equipment. H.R. 4033 provides suspend the rules and pass the bill on Consular Relations’ mean any property or money to purchase body armor for our correc- (H.R. 3485) to modify the enforcement asset, respectively, the attachment in aid of tion officers who work in the closed sectors of of certain anti-terrorism judgments, execution or execution of which would result our county and state jails. and for other purposes, as amended. in a violation of an obligation of the United States under the Vienna Convention on Dip- So, as we enjoy the protection provided by The Clerk read as follows: lomatic Relations or the Vienna Convention our police officers, let us remember that we H.R. 3485 on Consular Relations, as the case may be. have a duty to make their jobs as safe for Be it enacted by the Senate and House ‘‘(4) For purposes of this subsection, all as- them as possible. I ask that all my colleagues of Representatives of the United States of sets of any agency or instrumentality of a support H.R. 4033, the Bulletproof Vest Part- America in Congress assembled, foreign state shall be treated as assets of that foreign state.’’. nership Grant Act of 2000. SECTION 1. ENFORCEMENT OF CERTAIN ANTI- Mr. SCOTT. Mr. Speaker, I thank (d) TECHNICAL AND CONFORMING AMEND- TERRORISM JUDGMENTS. MENT.—Section 117(d) of the Treasury De- those who have worked so hard on this (a) SHORT TITLE.—This Act may be cited as partment Appropriations Act, 1999, as en- bill, and I yield back the balance of my the ‘‘Justice for Victims of Terrorism Act’’. acted by section 101(h) of Public Law 105–277 time. (b) DEFINITION.— (112 Stat. 2681–492) is repealed. Mr. LOBIONDO. Mr. Speaker, I yield (1) IN GENERAL.—Section 1603(b) of title 28, (e) EFFECTIVE DATE.—The amendments myself the balance of the time. United States Code, is amended— made by this section shall apply to any Mr. Speaker, once again, I thank my (A) in paragraph (3) by striking the period claim for which a foreign state is not im- and inserting ‘‘; and’’; colleagues, the gentleman from Vir- mune under section 1605(a)(7) of title 28, (B) by redesignating paragraphs (1), (2), United States Code, arising before, on, or ginia (Mr. SCOTT) and the gentleman and (3) as subparagraphs (A), (B), and (C), re- after the date of enactment of this Act. from Indiana (Mr. VISCLOSKY), all of spectively; SEC. 2. PAYGO ADJUSTMENT. those on the Committee on the Judici- (C) by striking ‘‘(b)’’ through ‘‘entity—’’ The Director of the Office of Management ary, and all of my colleagues who co- and inserting the following: and Budget shall not make any estimates of sponsored this legislation. ‘‘(b) An ‘agency or instrumentality of a changes in direct spending outlays and re- Mr. Speaker, many times in this foreign state’ means— ceipts under section 252(d) of the Balanced House when there are good ideas that ‘‘(1) any entity—’’; and Budget and Emergency Deficit Control Act (D) by adding at the end the following: come before us, we do not get a chance of 1985 (2 U.S.C. 902(d)) for any fiscal year re- ‘‘(2) for purposes of sections 1605(a)(7) and sulting from the enactment of this Act. to act on them. I think, to reiterate 1610 (a)(7) and (f), any entity as defined under SEC. 3. TECHNICAL AMENDMENTS TO IMPROVE what I mentioned earlier, this is a subparagraphs (A) and (B) of paragraph (1), LITIGATION PROCEDURES AND RE- great example of a positive partner- and subparagraph (C) of paragraph (1) shall MOVE LIMITATIONS ON LIABILITY. ship. These are ideas that generated not apply.’’. (a) GENERAL EXCEPTIONS TO JURISDICTIONAL within our districts from citizens and (2) TECHNICAL AND CONFORMING AMEND- IMMUNITY OF FOREIGN STATE.—Section 1605 of police officers and law enforcement of- MENT.—Section 1391(f)(3) of title 28, United title 28, United States Code, is amended by ficers and corrections officers who were States Code, is amended by striking adding at the end the following: ‘‘1603(b)’’ and inserting ‘‘1603(b)(1)’’. ‘‘(h) If a foreign state, or its agency or in- in the real world every day, as we (c) ENFORCEMENT OF JUDGMENTS.—Section strumentality, is a party to an action pursu- heard our other colleagues talk about. 1610(f) of title 28, United States Code, is ant to subsection (a)(7) and fails to furnish b 2130 amended— any testimony, document, or other thing (1) in paragraph (1)— upon a duly issued discovery order by the Instead of having to have local com- (A) in subparagraph (A) by striking ‘‘(in- court in the action, such failure shall be munity groups raise money a little bit cluding any agency or instrumentality or deemed an admission of any fact with re- at a time, the officers in New Jersey in such state)’’ and inserting ‘‘(including any spect to which the discovery order relates. the second district, officers like agency or instrumentality of such state)’’; Nothing in this subsection shall supersede Dominic Romeo in Cape May County, and the limitations set forth in subsection (g).’’. (B) by adding at the end the following: (b) MODIFICATION OF LIMITATION ON LIABIL- in the City of Wildwood, Sergeant Rich ITY.—Section 1605(a)(7)(B)(i) is amended to Gray, Shield-the-Blue, the corrections ‘‘(C) Notwithstanding any other provision of law, moneys due from or payable by the read as follows: officers PBA–105, all those who are as- United States (including any agency or in- ‘‘(i) the act occurred in the foreign state sociated with the Vest-a-Cop program strumentality thereof) to any state against against which the claim has been brought can look to us here in Washington and which a judgment is pending under section and the foreign state has not had a reason- realize that we have joined together in 1605(a)(7) shall be subject to attachment and able opportunity to arbitrate the claim in a a very special way, in a very bipartisan execution with respect to that judgment, in neutral forum outside the foreign state in way, to generate legislation that like manner and to the same extent as if the accordance with accepted international rules United States were a private person.’’; and of arbitration; or means a great deal to law enforcement (c) EXTENT OF LIABILITY.—Section 1606 of across this Nation. (2) by adding at the end the following: ‘‘(3)(A) Subject to subparagraph (B), upon title 28, United States Code, is amended by Mr. Speaker, I urge all the Members determining on an asset-by-asset basis that a adding at the end the following: ‘‘No Federal of this body to vote for this legislation waiver is necessary in the national security or State statutory limits shall apply to the and show their commitment to law en- interest, the President may waive this sub- amount of compensatory, actual, or punitive forcement officers by voting for H.R. section in connection with (and prior to the damages permitted to be awarded to persons 4033. enforcement of) any judicial order directing under section 1605(a)(7) and this section.’’. (d) EFFECTIVE DATE.—The amendments Mr. Speaker, I yield back the balance attachment in aid of execution or execution against any property subject to the Vienna made by this section shall apply to any of my time. claim for which a foreign state is not im- The SPEAKER pro tempore. The Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. mune under section 1605(a)(7) of title 28, question is on the motion offered by ‘‘(B) A waiver under this paragraph shall United States Code, arising before, on, or the gentleman from Ohio (Mr. CHABOT) not apply to— after the date of enactment of this Act. that the House suspend the rules and ‘‘(i) if property subject to the Vienna Con- The SPEAKER pro tempore. Pursu- pass the bill, H.R. 4033, as amended. vention on Diplomatic Relations or the Vi- ant to the rule, the gentleman from

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00158 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.143 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6937 Ohio (Mr. CHABOT) and the gentleman partment Appropriations Acts, man- eign state has had an opportunity to from New Jersey (Mr. ROTHMAN) each dating that the executive branch must proceed to court after a foreign state will control 20 minutes. allow Americans to attach the assets of has had an opportunity to arbitrate the The Chair recognizes the gentleman terrorist states in the U.S. in order to claim. from Ohio (Mr. CHABOT). collect judgments won in Federal The burden on the claimant under GENERAL LEAVE court. At the insistence of the adminis- current law to allow arbitration by the Mr. CHABOT. Mr. Speaker, I ask tration, that legislation included a pro- terrorist state prior to a claim going unanimous consent that all Members vision for a Presidential waiver to forward under the Foreign Sovereign may have 5 legislative days within block the attachment of assets if it was Immunities Act is often very difficult which to revise and extend their re- in the interest of national security. to meet given the fact that the foreign marks and include extraneous material The President determined that the state is a known terrorist country on H.R. 3485. authority granted by section 117 for where the claimant may not be offered The SPEAKER pro tempore. Is there the attachment of assets of terrorist the same rights as in other countries. objection to the request of the gen- states in general would not be in the The amendment simply requires that tleman from Ohio? interest of national security and Presi- the foreign state have a reasonable op- There was no objection. dential Determination No. 99–1. This portunity to arbitrate the case in a Mr. CHABOT. Mr. Speaker, I yield determination effectively applied the neutral forum that is outside the for- myself such time as I may consume. Presidential waiver in section 117 to all eign state, and removes the burden on Mr. Speaker, today we consider H.R. judgments attempting to attach ter- the victim to provide that opportunity. 3485, the Justice for Victims of Ter- rorist state assets. A provision to clarify that the costs es- rorism Act legislation introduced by In March 1999, a Federal judge upheld timated for this legislation are not ap- the gentleman from Florida (Mr. a $187 million judgment against Cuba propriate funds has also been included. MCCOLLUM). This bill would finally pro- for its attack against the Brothers to The President has exercised what was vide justice for the victims of State- the Rescue aircraft. In that judgment, intended to be a narrow national secu- sponsored terrorism. These victims are Federal District Court Judge Lawrence rity waiver too broadly and, as a con- entitled to compensation out of the King stated, ‘‘The court notes with sequence, those who have admitted frozen assets of the guilty terrorist great concern that the very President acts of terror resulting in the death of state once the victim obtains a legiti- who in 1996 decried this terrorist action American citizens are effectively going mate judgment. Sadly, these victims by the Government of Cuba now sends unpunished and Americans are not re- have been denied that justice that they the Department of Justice to argue be- ceiving just compensation after favor- so richly deserve. In the 1980s, several Americans were fore this court that Cuba’s blocked as- able court verdicts. kidnapped in Beirut and held hostage sets ought not to be used to com- These families have not only suffered in deplorable conditions by agents of pensate the families of the U.S. nation- the pain and loss of life associated with the Islamic Republic of Iran including als murdered by Cuba. The executive these terrorist acts, they have suffered Terry Anderson who resides in my branch’s approach to this situation has the abandonment of their government home State of Ohio. Mr. Anderson, as become inconsistent at best. It now ap- in their pursuit of justice, justice that we all recall, was barbarically held by parently believes that shielding a ter- their President said they deserved. Iranian terrorists for over 7 years. rorist foreign state’s assets is more im- This legislation will make sure that In 1995, an American college student portant than compensating for the loss they finally get it, that they finally was killed in the Gaza strip when a ter- of American lives.’’ get the justice that they deserve. rorist from the Iranian backed Islamic The President’s broad use of his I urge my colleagues to vote to pass Jihad rammed his car loaded with ex- waiver power has frustrated the legiti- H.R. 3485. plosives into a bus. mate rights of victims of terrorism. Mr. Speaker, I reserve the balance of In February 1996, two Americans That is why H.R. 3485 would amend the my time. studying in Israel were killed in a sui- law to specifically deny blockage of at- Mr. ROTHMAN. Mr. Speaker, I yield cide bombing of a bus in Jerusalem. tachment of proceeds from any prop- myself such time as I may consume. Those responsible were provided train- erty which has been used for any non- Mr. Speaker, I thank the gentleman ing, money, and resources by Iran. diplomatic purpose or of proceeds from from Ohio (Mr. CHABOT) for all of his Also in February of 1996, Cuban MiG any asset which is sold or transferred fine work in this matter. I also want to aircraft shot down two aircraft flown for value to a third party. recognize the great work of the gen- by the Brothers to the Rescue organi- Also, it specifically provides that a tleman from Florida (Chairman zation in international airspace over judgment against a foreign state that MCCOLLUM) and the distinguished gen- the Florida Straits. Three American sponsors terrorism can be executed tleman from Michigan (Mr. CONYERS), citizens were killed in that attack. against assets of an agency or instru- ranking member, who made this very After the Brothers to the Rescue in- mentality of that foreign state even if important bill even better and brought cident, President Clinton publicly en- there is no proof of fraud or any proof it to this point in its legislative proc- couraged Congress to pass legislation that the agency or instrumentality has ess. to provide compensation to the fami- an alter ego of the foreign state. Mr. Speaker, last year, I stood in lies out of Cuba’s blocked assets in the We bring this bill to the floor today Teaneck, New Jersey at the dedication U.S. with a manager’s amendment. This of a monument that I wish was never In 1996, the Antiterrorism and Effec- amendment was born from issues built, a monument built to honor the tive Death Penalty Act became law. brought to the attention of the com- memory of Sarah Duker, a 22-year-old That law allowed American citizens in- mittee and language offered and with- American citizen from my congres- jured in an act of terrorism or their drawn in committee by the distin- sional district who was killed in 1996 in survivors to bring a private lawsuit guished gentleman from Michigan (Mr. a bus bombing incident in Jerusalem, a against the terrorist state responsible CONYERS), ranking member. bombing masterminded by Palestinian for that act. The compromised language, moti- terrorists. At the time of her death, All of the victims of terrorism that I vated by the compassion of the gen- Sarah was a graduate student at Bar- have mentioned went to courts and re- tleman from Michigan (Mr. CONYERS) nard College and she was working as a ceived judgments awarding them mil- for victims’ rights has further im- research technician in microbiology at lions of dollars in damages. Each time proved the intent of this legislation, the Hebrew University. a judgment has been awarded, the ad- providing a legitimate remedy to Last September, I also had a meeting ministration has fought to block the American citizens harmed by terrorist with Steven Flatow, a meeting that I attachment of the assets of the coun- states. also wish never had to take place. See, tries that sponsored these terrorist The amendment includes com- Mr. Flatow’s daughter Alisa was mur- acts to satisfy the awards. promised language to make it easier dered by a Palestinian terrorist in the In 1999, the Congress passed section for victims of state-sponsored ter- Gaza strip in 1995. Mr. Flatow had 117 of the fiscal year 1999 Treasury De- rorism to provide to court after a for- come to meet me in Washington to try

VerDate 25-JUL-2000 06:24 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00159 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.243 pfrm02 PsN: H25PT1 H6938 CONGRESSIONAL RECORD — HOUSE July 25, 2000 to get justice from those who had Lockerbie, in Saudi Arabia, in Israel, over zens. This bill would help meet that responsi- killed his daughter. At the time of her international waters, in New York, and in bility by assisting the victims of terrorism. The death, Alisa Flatow was a student at Nairobi and Dar es Salaam, where Americans Clinton administration has been quick to offer Brandeis University in Massachusetts, who devoted their lives to building better rela- words of comfort to the bereaved relatives of and she was spending a semester tions between the U.S. and other nations, died those who have been killed by international vi- abroad in Israel. in a campaign of hatred against this country. olence. Their actions, however, have done lit- Mr. Speaker, I have come to the floor There is no justification for terrorism, and tle to hold the vile regimes responsible for today to speak in support of this bill the United States must be committed to find- such crimes accountable. It may be hard to because I believe that Sarah Duker’s ing those who prey on innocent victims and believe, but the Clinton Justice Department mother, Arline; Alisa Flatow’s family; put an end to their reign of terror. has actively worked to stop terrorism victims the families of the victims of the The Justice for Victims of Terrorism Act is from receiving just compensation out of the Brothers to the Rescue shoot-down; critical to achieving this goal. This bill allows seized assets of terrorist states. This adminis- and all Americans who have had family the victimsÐour constituentsÐto seek justice tration has thwarted the efforts of victims as members victimized by terrorists for the crimes committed against them and they tried to collect court-ordered compensa- abroad, all of these Americans deserve their families by making their attackersÐthe tion from countries like Iran, Libya, and Fidel one thing, justice. terroristsÐpay for their crimes. Castro's evil regime in Cuba. Held in even the See, the sponsors of terrorism, and The bill before us allows for the execution of most favorable light, this policy is unaccept- by that I do not just mean the individ- judgements and recovery of punitive damages able. It is a policy that smacks not only of ap- uals committing the acts, I mean the from pariah states such as Iran which sponsor peasement, but capitulation to perpetrators of states sponsoring those individuals, terrorist groups that kill and maim hundreds of international terrorism. they must pay for their crimes. They Americans, Israelis, and other innocent human And of this administration's poor foreign pol- must first pay a diplomatic price for beings each year. icy decisions, this is truly one of the most con- supporting the murder of Americans, It would punish the Castro regime for shoot- temptible and distressing. The President of the and that means isolating those states ing down two U.S. registered civilian planes United States should not be protecting the as- which sponsor terrorism. over international waters, killing Carlos Costa sets of foreign terror states. This bill would But I also believe that state sponsors and Mario de la Pena (two U.S.-born citizens stop the Treasury Department from continuing of terrorism must pay more than just a in the prime of their youth); Armando to withhold these assets from victims' families. political price. They must pay literally Alejandre (a decorated Vietnam veteran); and The President gave his word to help injured for their cold-blooded murders of Pablo Morales (a U.S. resident who, years be- parties collect compensation from terrorist Americans. fore, had escaped Castro's island prison in states. Now, the foot-dragging of his adminis- So it should be the policy of the search of freedom in the U.S.) tration requires us to pass legislation that United States of America to seize the Some would argue that terrorism is not would simply fulfill his promises to those vic- U.S.-based nondiplomatic assets of about money. Certainly it is about life and the tims. We look forward to the day when a states which are involved in the mur- right to live free of fear. But, while terrorism handshake in the Oval Office is enough to der of Americans. requires a multifaceted approach, one of the guarantee justice for victims of terror. Unfortu- It is critically important that this key elements to curtailing the proliferation of nately, the President's handshake apparently bill be enacted into law because this terrorism and limiting its capabilities, is by cut- isn't enough. Therefore, we must pass this bill measure delivers a powerful and essen- ting off the flow and access to financial re- to ensure that terror victims don't first have to tial message to state sponsors of ter- sources. fight their way past their own government be- rorism around the world who target By upholding and enforcing the right of fore they can receive the compensation owed American citizens. American victims of terrorism to sue foreign to them. If one conspires in the murder of in- states, in court, for damages, this bill would To understand the importance of this pro- nocent Americans and tear our families have a chilling effect on terrorist activities and posal, consider the following example. In apart, the United States of America would help deter future aggression against 1996, Fidel Castro gave the order to murder will demand and receive justice. Jus- American citizens. American pilots who were searching the Gulf tice, Mr. Speaker, can wait no longer. In the last few months, there have been nu- of Mexico for refugees from his repressive dic- Terrorists will never win, and state merous attempts to trade with terrorist states, tatorship. Four years later, the pilots' families sponsors of terrorism will always pay a which would afford them increased financial still haven't been compensated. This sad re- price if we pass this legislation. They resources and would enable them to, not only ality should spur the House to action. We will pay a political and economic price. continue their reign of terror over their own ought to pass this bill and put terrorists on no- That is not too great a burden to place people, but to expand their campaign of vio- tice. upon them and their assets for the kill- lence against our allies, our neighbors, and Mr. CHABOT. Mr. Speaker, I have no ing of innocent Americans. our own U.S. citizens. further requests for time, and I yield Mr. Speaker, I urge my colleagues to These states have even been down-graded back the balance of my time. vote for H.R. 3485, the Justice for Vic- to ``states of concern''Ðdespite the over- The SPEAKER pro tempore. The tims of Terrorism Act. whelming evidence of their support for terrorist question is on the motion offered by Mr. Speaker, I yield back the balance attacks against Americans. the gentleman from Ohio (Mr. CHABOT) of my time. In spite of this, I hope my colleagues will lis- that the House suspend the rules and Ms. ROS-LEHTINEN. Mr. Speaker, I am ten to their conscience. I ask my colleagues to pass the bill, H.R. 3485, as amended. proud to be an original cosponsor of the Jus- pause for a moment. They will hear the cries The question was taken; and (two- tice for Victims of Terrorism Act and rise to of anguish and despair of little Alisa Flatow thirds having voted in favor thereof) speak in support of it. from New Jersey, who was killed in a Pal- the rules were suspended and the bill, Terrorism, defined as the systematic use of estine Islamic Jihad suicide bombing in April as amended, was passed. terror and violence as a means of coercion 1995. A motion to reconsider was laid on and intimidation, has become a global prob- I ask my colleagues to understand the frus- the table. lem. It knows no boundariesÐgeographical or tration of Alisa's parents; of the relatives of f political. It does not discriminate among its vic- Carlos, Armando, Mario, and Pablo; of the tims. The damage it inflicts upon society ex- families of the servicemen who died during the MILITARY AND EXTRATERRITO- tends far beyond the immediate physical de- attack on the Kovar Towers; of all the victims' RIAL JURISDICTION ACT OF 1999 struction of each attack. The emotional and families. Mr. CHABOT. Mr. Speaker, I ask psychological scars are far greater. The ques- Let us demonstrate our resolve to the sanc- unanimous consent to take from the tion is not only how many lives have been lost tity of human life and principles of justice; our Speaker’s table the Senate bill (S. 768) in each terrorist attack, but how many futures commitment to fundamental legal standards; to establish court-martial jurisdiction were lost in their aftermath. and our dedication to the welfare of the Amer- over civilians serving with the Armed In the last 15 years, the United States has ican people. Support the Justice for Victims of Forces during contingency operations, experienced in vivid terms the effects of ter- Terrorism Act. and to establish Federal jurisdiction rorism, as our citizens have been targeted Mr. DELAY. Mr. Speaker, the first duty of over crimes committed outside the over and over againÐin Beirut, over our Government is to protect American citi- United States by former members of

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00160 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.244 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6939 the Armed Forces and civilians accom- be identified, thus escaping court-martial ju- ‘‘(1) LAW ENFORCEMENT PERSONNEL.—The panying the Armed Forces outside the risdiction and, to address this jurisdictional Secretary of Defense may designate and au- United States, and ask for its imme- gap, Federal law should be amended to pun- thorize any person serving in a law enforce- diate consideration in the House. ish serious offenses committed by such per- ment position in the Department of Defense sons outside the United States, to the same to arrest, in accordance with applicable The Clerk read the title of the Senate extent as if those offenses were committed international agreements, outside of the bill. within the special maritime and territorial United States any person described in sub- The SPEAKER pro tempore. Is there jurisdiction of the United States. section (a) if there is probable cause to be- objection to the request of the gen- SEC. 3. COURT-MARTIAL JURISDICTION. lieve that such person engaged in conduct tleman from Ohio? (a) JURISDICTION DURING CONTINGENCY OP- that constitutes a criminal offense under There was no objection. ERATIONS.—Section 802(a) of title 10, United subsection (a). The Clerk read the Senate bill, as fol- States Code (article 2(a) of the Uniform Code ‘‘(2) RELEASE TO CIVILIAN LAW ENFORCE- lows: of Military Justice), is amended by inserting MENT.—A person arrested under paragraph (1) shall be released to the custody of civilian S. 768 after paragraph (12) the following: ‘‘(13) To the extent not covered by para- law enforcement authorities of the United Be it enacted by the Senate and House of Rep- graphs (10) and (11), persons not members of States for removal to the United States for resentatives of the United States of America in the armed forces who, in support of a contin- judicial proceedings in relation to conduct Congress assembled, gency operation described in section referred to in such paragraph unless— SECTION 1. SHORT TITLE. 101(a)(13)(B) of this title, are serving with ‘‘(A) such person is delivered to authorities This Act may be cited as the ‘‘Military and and accompanying an armed force in a place of a foreign country under section 3262; or Extraterritorial Jurisdiction Act of 1999’’. or places outside the United States specified ‘‘(B) such person has had charges brought SEC. 2. FINDINGS. by the Secretary of Defense, as follows: against him or her under chapter 47 of title Congress makes the following findings: ‘‘(A) Employees of the Department of De- 10 for such conduct. (1) Civilian employees of the Department fense. ‘‘§ 3262. Delivery to authorities of foreign of Defense, and civilian employees of Depart- ‘‘(B) Employees of any Department of De- countries ment of Defense contractors, provide critical fense contractor who are so serving in con- ‘‘(a) IN GENERAL.—Any person designated support to the Armed Forces of the United nection with the performance of a Depart- and authorized under section 3261(d) may de- States that are deployed during a contin- ment of Defense contract.’’. liver a person described in section 3261(a) to gency operation. (b) EFFECTIVE DATE.—The amendment the appropriate authorities of a foreign (2) Misconduct by such persons undermines made by subsection (a) shall take effect on country in which such person is alleged to good order and discipline in the Armed the date of the enactment of this Act and have engaged in conduct described in section Forces, and jeopardizes the mission of the apply with respect to acts or omissions oc- 3261(a) of this section if— contingency operation. curring on or after that date. ‘‘(1) the appropriate authorities of that (3) Military commanders need the legal SEC. 4. FEDERAL JURISDICTION. country request the delivery of the person to tools to address adequately misconduct by (a) CRIMINAL OFFENSES COMMITTED OUTSIDE such country for trial for such conduct as an civilians serving with Armed Forces during a THE UNITED STATES.—Title 18, United States offense under the laws of that country; and contingency operation. Code, is amended by inserting after chapter ‘‘(2) the delivery of such person to that (4) In its present state, military law does 211 the following: country is authorized by a treaty or other not permit military commanders to address ‘‘CHAPTER 212—CRIMINAL OFFENSES international agreement to which the United adequately misconduct by civilians serving COMMITTED OUTSIDE THE UNITED States is a party. with Armed Forces, except in time of a con- STATES ‘‘(b) DETERMINATION BY THE SECRETARY.— gressionally declared war. The Secretary of Defense, in consultation ‘‘Sec. (5) To address this need, the Uniform Code with the Secretary of State, shall determine ‘‘3261. Criminal offenses committed by per- of Military Justice should be amended to which officials of a foreign country con- sons formerly serving with, or provide for court-martial jurisdiction over stitute appropriate authorities for purposes presently employed by or ac- civilians serving with Armed Forces in of this section. companying, the Armed Forces places designated by the Secretary of De- ‘‘§ 3263. Regulations fense during a ‘‘contingency operation’’ ex- outside the United States. pressly designated as such by the Secretary ‘‘3262. Delivery to authorities of foreign ‘‘(a) IN GENERAL.—The Secretary of De- of Defense. countries. fense, after consultation with the Secretary (6) This limited extension of court-martial ‘‘3263. Regulations. of State and the Attorney General, shall ‘‘3264. Definitions. jurisdiction over civilians is dictated by issue regulations governing the apprehen- military necessity, is within the constitu- ‘‘§ 3261. Criminal offenses committed by per- sion, detention, and removal of persons tional powers of Congress to make rules for sons formerly serving with, or presently under this chapter. Such regulations shall be the government of the Armed Forces, and, employed by or accompanying, the Armed uniform throughout the Department of De- therefore, is consistent with the Constitu- Forces outside the United States fense. ‘‘(b) NOTICE TO THIRD PARTY NATIONALS.— tion of the United States and United States ‘‘(a) IN GENERAL.—Whoever, while serving ‘‘(1) IN GENERAL.—The Secretary of De- public policy. with, employed by, or accompanying the fense, after consultation with the Secretary (7) Many thousand civilian employees of Armed Forces outside of the United States, of State, shall issue regulations requiring the Department of Defense, civilian employ- engages in conduct that would constitute an that, to the maximum extent practicable, ees of Department of Defense contractors, offense punishable by imprisonment for more notice shall be provided to any person serv- and civilian dependents accompany the than 1 year if the conduct had been engaged ing with, employed by, or accompanying the Armed Forces to installations in foreign in within the special maritime and terri- Armed Forces outside the United States who countries. torial jurisdiction of the United States, shall is not a national of the United States that (8) Misconduct among such civilians has be guilty of a like offense and subject to a such person is potentially subject to the been a longstanding problem for military like punishment. criminal jurisdiction of the United States commanders and other United States offi- ‘‘(b) CONCURRENT JURISDICTION.—Nothing under this chapter. cials in foreign countries, and threatens in this chapter may be construed to deprive ‘‘(2) FAILURE TO PROVIDE NOTICE.—The fail- United States citizens, United States prop- a court-martial, military commission, pro- ure to provide notice as prescribed in the erty, and United States relations with host vost court, or other military tribunal of con- regulations issued under paragraph (1) shall countries. current jurisdiction with respect to offenders not defeat the jurisdiction of a court of the (9) Federal criminal law does not apply to or offenses that by statute or by the law of United States or provide a defense in any ju- many offenses committed outside of the war may be tried by a court-martial, mili- dicial proceeding arising under this chapter. United States by such civilians and, because tary commission, provost court, or other host countries often do not prosecute such military tribunal. ‘‘§ 3264. Definitions offenses, serious crimes often go unpunished ‘‘(c) ACTION BY FOREIGN GOVERNMENT.—No ‘‘In this chapter— and,to address this jurisdictional gap, Fed- prosecution may be commenced against a ‘‘(1) a person is ‘accompanying the Armed eral law should be amended to punish serious person under this section if a foreign govern- Forces outside of the United States’ if the offenses committed by such civilians outside ment, in accordance with jurisdiction recog- person— the United States, to the same extent as if nized by the United States, has prosecuted or ‘‘(A) is a dependent of— those offenses were committed within the is prosecuting such person for the conduct ‘‘(i) a member of the Armed Forces; special maritime and territorial jurisdiction constituting such offense, except upon the ‘‘(ii) a civilian employee of a military de- of the United States. approval of the Attorney General or the Dep- partment or of the Department of Defense; (10) Federal law does not apply to many uty Attorney General (or a person acting in or crimes committed outside the United States either such capacity), which function of ap- ‘‘(iii) a Department of Defense contractor by members of the Armed Forces who sepa- proval shall not be delegated. or an employee of a Department of Defense rate from the Armed Forces before they can ‘‘(d) ARRESTS.— contractor;

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00161 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.245 pfrm02 PsN: H25PT1 H6940 CONGRESSIONAL RECORD — HOUSE July 25, 2000 ‘‘(B) is residing with such member, civilian ‘‘(1) IN GENERAL.—A person who is con- tleman from Wisconsin (Mr. GREEN), employee, contractor, or contractor em- victed of a Federal sex offense in which a and I ask unanimous consent that he ployee outside the United States; and minor is the victim shall be sentenced to life may be permitted to control the time. ‘‘(C) is not a national of or ordinarily resi- imprisonment if the person has a prior sex The SPEAKER pro tempore. Is there dent in the host nation; conviction in which a minor was the victim, ‘‘(2) the term ‘Armed Forces’ has the same unless the sentence of death is imposed. objection to the request of the gen- meaning as in section 101(a)(4) of title 10; and ‘‘(2) DEFINITIONS.—For the purposes of this tleman from Ohio? ‘‘(3) a person is ‘employed by the Armed subsection— There was no objection. Forces outside of the United States’ if the ‘‘(A) the term ‘Federal sex offense’ means Mr. GREEN of Wisconsin. Mr. Speak- person— an offense under section 2241 (relating to ag- er, I yield myself such time as I may ‘‘(A) is employed as a civilian employee of gravated sexual abuse), 2242 (relating to sex- consume; and let me begin by thanking the Department of Defense, as a Department ual abuse), 2243 (relating to sexual abuse of a the gentleman from Illinois (Mr. of Defense contractor, or as an employee of minor or ward), 2244 (relating to abusive sex- HYDE), chairman of the Committee on a Department of Defense contractor; ual contact), 2245 (relating to sexual abuse the Judiciary, as well as the members ‘‘(B) is present or residing outside of the resulting in death), or 2251A (relating to sell- United States in connection with such em- ing or buying of children), or an offense of the committee, for their help and ployment; and under section 2423 (relating to transpor- support in bringing this bill to the ‘‘(C) is not a national of or ordinarily resi- tation of minors) involving the transpor- floor. dent in the host nation.’’. tation of, or the engagement in a sexual act Let me also thank those Members (b) CLERICAL AMENDMENT.—The table of with, an individual who has not attained 16 who previously voted for this bill. This chapters at the beginning of part II of title years of age; bill was voice voted last year as an 18, United States Code, is amended by insert- ‘‘(B) the term ‘prior sex conviction’ means amendment to the Juvenile Crime Bill, ing after the item relating to chapter 211 the a conviction for which the sentence was im- and so I appreciate the support that we following: posed before the conduct occurred forming the basis for the subsequent Federal sex of- had then and hope that we can count ‘‘212. Criminal Offenses Committed on similar support this evening. Outside the United States ...... 3621’’. fense, and which was for either— ‘‘(i) a Federal sex offense; or Mr. Speaker, I think the best way to MOTION OFFERED BY MR. CHABOT ‘‘(ii) an offense under State law consisting launch a discussion of this bill is to Mr. CHABOT. Mr. Speaker, I offer a of conduct that would have been a Federal begin with a story. All bills in some motion. sex offense if, to the extent or in the manner way or another begin with a story, and The Clerk read as follows: specified in the applicable provision of title this bill is no exception. 18— Mr. CHABOT moves to strike all after the In January of 1960, a 19-year-old man ‘‘(I) the offense involved interstate or for- enacting clause of the Senate bill, S. 768, and in Green Bay, Wisconsin, my own dis- eign commerce, or the use of the mails; or insert in lieu thereof the text of H.R. 3380, as ‘‘(II) the conduct occurred in any common- trict, a man named David Spanbauer, passed by the House. wealth, territory, or possession of the United broke into a home, tied a babysitter to The motion was agreed to. States, within the special maritime and ter- a bed and viciously raped her at knife The Senate bill was ordered to be ritorial jurisdiction of the United States, in point. When he was done, he waited read a third time, was read the third a Federal prison, on any land or building until her uncle came home, and he shot time, and passed. owned by, leased to, or otherwise used by or him point-blank in the face. David The title of the Senate bill was under the control of the Government of the Spanbauer was convicted and sen- amended so as to read: United States, or in the Indian country as tenced to 70 years in prison. defined in section 1151; In May of 1972, 12 years later, he was A bill to amend title 18, United States ‘‘(C) the term ‘minor’ means any person Code, to establish Federal jurisdiction over under the age of 18 years; and paroled. Within months, he had raped offenses committed outside the United ‘‘(D) the term ‘State’ means a State of the another teenager, a hitchhiker, a ran- States by persons employed by or accom- United States, the District of Columbia, and dom victim. He was returned to prison. panying the Armed Forces, or by members of any commonwealth, territory, or possession In January of 1991, he was released the Armed Forces who are released or sepa- of the United States.’’. yet again; and a few years later he was rated from active duty prior to being identi- SEC. 3. TITLE 18 CONFORMING AND TECHNICAL caught trying to break into another fied and prosecuted for the commission of AMENDMENTS. home in northeastern Wisconsin. And such offenses, and for other purposes.’’. (a) SECTION 2247.—Section 2247 of title 18, when the police searched his car, they A motion to reconsider was laid on United States Code, is amended by inserting ‘‘, unless section 3559(e) applies’’ before the quickly found tools and resources link- the table. ing him to a series of violent sexual as- A similar House bill (H.R. 3380) was final period. (b) SECTION 2426.—Section 2426 of title 18, saults throughout the area. He con- laid on the table. United States Code, is amended by inserting fessed to raping and murdering a 10- f ‘‘, unless section 3559(e) applies’’ before the year-old girl, raping and murdering a b final period. 12-year-old girl, raping and murdering 2145 (c) TECHNICAL AMENDMENTS.—Sections 2252(c)(1) and 2252A(d)(1) of title 18, United a 21-year-old. He was convicted of 18 TWO STRIKES AND YOU’RE OUT felonies in five counties. CHILD PROTECTION ACT States Code, are each amended by striking ‘‘less than three’’ and inserting ‘‘fewer than Mr. Speaker, we are here tonight be- Mr. CHABOT. Mr. Speaker, I move to 3’’. cause of sick individuals like David suspend the rules and pass the bill The SPEAKER pro tempore (Mr. Spanbauer. There is obviously no soft (H.R. 4047) to amend title 18 of the TANCREDO). Pursuant to the rule, the or pleasant way, there is nothing I can United States Code to provide life im- gentleman from Ohio (Mr. CHABOT) and cleverly say that makes this subject prisonment for repeat offenders who the gentleman from Virginia (Mr. matter easier. Sex crimes against chil- commit sex offenses against children. SCOTT) each will control 20 minutes. dren, we all agree here tonight, are the The Clerk read as follows: The Chair recognizes the gentleman worst types of crimes. They are every H.R. 4047 from Ohio (Mr. CHABOT). parent’s worst nightmare. And those of Be it enacted by the Senate and House of Rep- GENERAL LEAVE us who are parents, as I am, we try to resentatives of the United States of America in Mr. CHABOT. Mr. Speaker, I ask reassure ourselves late at night by say- Congress assembled, unanimous consent that all Members ing to ourselves that these are far SECTION 1. SHORT TITLE. may have 5 legislative days within away; these crimes and these individ- This Act may be cited as the ‘‘Two Strikes which to revise and extend their re- uals are far away. They are far off. and You’re Out Child Protection Act’’. marks, and to include extraneous ma- They are not in our streets or in our SEC. 2. MANDATORY LIFE IMPRISONMENT FOR terial on H.R. 4047, the bill under con- communities. The problem is that REPEAT SEX OFFENDERS AGAINST David Spanbauer and others show us CHILDREN. sideration. The SPEAKER pro tempore. Is there that that is not true. Section 3559 of title 18, United States Code, The good news tonight, if we can call is amended by adding at the end the fol- objection to the request of the gen- lowing new subsection: tleman from Ohio? it that, is that statistics tell us the ‘‘(e) MANDATORY LIFE IMPRISONMENT FOR There was no objection. number of repeat child molesters, REPEATED SEX OFFENSES AGAINST CHIL- Mr. CHABOT. Mr. Speaker, I yield taken as a percentage of the prison DREN.— the balance of my time to the gen- population, is small, relatively small.

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00162 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.126 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6941 The horrific news is that the damage Out.’’ This bill completes the baseball ship, and actually doing something that each of these monsters causes is metaphor sound bites. A few years ago about the despicable, the abhorrent unbelievable. They destroy lives, they we had ‘‘Three Strikes and You’re things which happen to children in this destroy communities, they steal inno- Out.’’ A couple of weeks ago we had the country every day. The gentleman cence. The recidivism rate for repeat ‘‘No Second Chances’’ bill, which was from Wisconsin has shown considerable child molesters is extraordinarily high, essentially ‘‘One Strike and You’re leadership in offering this legislation. I higher than any other crime with Out.’’ And although we have had no commend him for that, and I urge my which I am familiar. evidence that either one strike or three colleagues to support H.R. 4047. The bill that is before us tonight was strikes did any good, we are now con- Mr. SCOTT. Mr. Speaker, I yield my- voice voted once before, again added as sidering ‘‘Two Strikes and You’re self such time as I may consume to part of the Crime Bill. It is a narrowly Out.’’ read a comment from the United focused, carefully tailored bill aimed When we considered ‘‘Three Strikes,’’ States Sentencing Commission, a let- solely and squarely at repeat child mo- we asked those who were supporting ter to myself and the chairman of the lesters. This bill does not Federalize the bill to explain to us whether or not Subcommittee on Crime dated May 1. any crime. In fact, it carefully respects there were any fourth offenses that we This is from the United States Sen- State laws in this area. It covers a lim- were trying to prevent with the ‘‘Three tencing Commission: ited number of the most heinous, most Strikes and You’re Out,’’ and we are H.R. 4047, as presently written, raises some horrible Federal sex crimes against still waiting for an answer. That was serious proportionality concerns. The bill kids: aggravated sexual abuse of a several years ago. would require a mandatory life sentence for minor, for example; sexual abuse re- A few weeks ago we did have a hear- any person who is convicted of a Federal sex sulting in death. ing on ‘‘One Strike and You’re Out,’’ offense in which a minor is the victim, if the and we heard that that bill was oner- person had a prior sex conviction in which a And what this bill says, ‘‘Two strikes minor was the victim. This sentence could be and you’re out,’’ is real simple. It says ous, impractical, and unworkable. It was worse than an unfunded mandate, mandatory for two defendants convicted of that if an individual is arrested and vastly dissimilar crimes. convicted of a serious sex crime certain to generate a morass of bu- For example, a defendant convicted of rap- against kids and then serves their reaucracy. It is enormous and costly, ing a child under 12 using force, who had a time, then after serving their time de- and with a net probable public safety prior conviction for a similar offense, cur- cides to do it yet again, they are going impact of zero. Those are not my words rently is subject to a mandatory life sen- to go to prison for the rest of their life. but the words of the National Gov- tence. Under H.R. 4047, a 19-year-old defend- ant, who engaged in consensual sex with a I make no bones about it with this leg- ernors’ Association, the National Con- ference of State Legislators, the Coun- 15-year-old, would be subject to the same life islation. imprisonment if he had a prior statutory This bill is not about rehabilitation, cil of State Governments, the U.S. De- partment of Justice, and a noted crimi- rape conviction or conviction for some other openly admitted. This bill is not even prior sex offense in which the victim was a about deterrence. It is about removing nologist. Notwithstanding that testi- minor. The seriousness of these two offenses bad people from society. It is about re- mony, however, we passed the bill with and harm to the victims could obviously be moving from society a very small num- an overwhelming majority. very different. Now we have ‘‘Two Strikes.’’ It ber of people who cause tremendous I would just like that note from the sounds like we are doing something damage. And every study tells us they Sentencing Commission placed in the about the tragic problem of child sex- will do it again and again and again, if RECORD. ual assault. But this bill, if it has any we let them. They will rob children of Mr. Speaker, I have no further re- effect at all, it might affect 10 cases quests for time, and I yield back the their innocence, they will destroy fam- per year. Every year there are approxi- balance of my time. ilies, and they will destroy our lives. mately 100,000 cases of sexual assaults Mr. Speaker, before I sit down, I Mr. GREEN of Wisconsin. Mr. Speak- against children, 100,000; and this bill would like to point to this graphic. er, I yield myself such time as I may might affect 10, which in effect ignores consume to sum up. And as some of my colleagues noticed, 99.99 percent of the cases of sexual as- it was originally upside down. I point First of all, let me say that this will saults against children in America. not be the first time or the last time I to this graphic here, this number. Obviously, we ought to be focusing disagree with the Sentencing Commis- Nothing fancy about it. Not a terribly on what we can do to reduce the sion, both regarding their opinion and elaborate graphic. But this graphic chances that one of the 99.99 might be right here, this number, this number assaulted. So long as we keep passing also in their analysis of a bill. But let me just close by saying this. gives the essence of this bill. bills that offer virtually no prospect of I would invite all of my colleagues, The United States Department of reducing crime, we will never get the Justice tells us that the average child opportunity to consider those bills for when they go home this weekend, to go molester will commit 380 acts of child which we have research-based evidence to their computer, go on line, and call molestation during his lifetime. Let that they will demonstrably reduce up the sexual offender registry in their me repeat that. The average child mo- crime. And therefore, Mr. Speaker, I home State or their home community lester will commit 380 acts of child mo- ask for a ‘‘no’’ vote on this bill so we and take a look at the rogues gallery of lestation during his lifetime. can get to other bills that will actually sick monsters who prey on our chil- Now, monsters like David Spanbauer, reduce crime. dren. What my colleagues will find in- they are at fault, they are guilty, obvi- Mr. Speaker, I reserve the balance of teresting when they call up those ously, for their crimes. But I would my time. names, in taking a look at for how suggest to my colleagues tonight, in Mr. GREEN of Wisconsin. Mr. Speak- many of those individuals the record the case of repeat child molesters, er, I yield 1 minute to the gentleman shows that they have done it over and those who have been arrested and con- from Ohio (Mr. CHABOT), a member of over and over again. victed before, if we let them out, if we the Committee on the Judiciary. This bill is about removing sick mon- fail to take action, do we not bear at Mr. CHABOT. Mr. Speaker, I thank sters from society. least a little responsibility? the gentleman for yielding me this Mr. KUYKENDALL. Mr. Speaker, I rise Mr. Speaker, I reserve the balance of time. today in strong support of H.R. 4047, the Two my time. There is nothing so despicable as Strikes and You're Out Child Protection Act. Mr. SCOTT. Mr. Speaker, I yield my- those who prey on children. There is This is important legislation that will help pro- self such time as I may consume, and I nothing so abhorrent as harming those tect our children from sexual predators. rise in opposition to the bill. who are most vulnerable. We have an Today, we are sending a message to all Here we are with another series of obligation to do all within our power to pedophiles. You get one chance to reform crime bills which, by their title, make protect this Nation’s children from the your ways. If you are caught a second time it sound as if we are doing something monsters who are out there as we sexually assaulting a child and are convicted, about crime but really are not. speak. you will be given a life sentence without pa- This time, according to the title of I want to thank the gentleman from role. The sad truth is that sex offenders and the bill, it is ‘‘Two Strikes and You’re Wisconsin (Mr. GREEN) for his leader- molesters are four times more likely than other

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00163 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.249 pfrm02 PsN: H25PT1 H6942 CONGRESSIONAL RECORD — HOUSE July 25, 2000 violent criminals to recommit their crimes. A b 2200 batting the serious problem of child typical molester will abuse between 30 and 60 The SPEAKER pro tempore (Mr. sexual abuse and pornography in this children before they are finally arrested and TANCREDO). The question is on the mo- country, particularly the explosion the danger to other children eliminated. More tion offered by the gentleman from that has taken place with the advent of shocking, a recent survey conducted by the Ohio (Mr. CHABOT) that the House sus- the Internet. Washington Post found that each pedophile in pend the rules and pass the bill, H.R. The Internet is one of the most won- the survey had molested an average of 300 4047. derful developments that we have expe- innocent victims. Even one more victim is too The question was taken; and (two- rienced in the history of this country many, and the Two Strikes and You're Out thirds having voted in favor thereof) and the history of mankind. It allows Child Protection Act will aggressively curb sex- the rules were suspended and the bill people the opportunity to learn, to ex- ual abuses and assaults. was passed. perience new things, to have edu- With the emergence of the Internet, children A motion to reconsider was laid on cational opportunities, business oppor- are even more vulnerable to sexual predators. the table. tunities, opportunities to shop on-line. Luring children across state lines has become f We want people to use the Internet. We even more prevalent as a result of the Inter- want them to feel safe in doing so, but net. In this world where state lines have less ILLEGAL PORNOGRAPHY one of the biggest businesses on the meaning to our everyday lives, we need a PROSECUTION ACT OF 2000 Internet is that of obscenity, of hard- concerted, national effort to combat this per- Mr. CHABOT. Mr. Speaker, I move to core pornography. verse threat. The Two Strikes and You're Out suspend the rules and pass the bill There are thousands of sites, esti- legislation does exactly that, not by creating (H.R. 4710) to authorize appropriations mates range from 40,000 to 100,000 sites. more cumbersome crimes or by removing the for the prosecution of obscenity cases. And the gentleman’s legislation is de- role of the states, but by strengthening the The Clerk read as follows: signed to provide the resources to law penalties for crimes already on the books. enforcement to combat this problem. As a state legislator, I worked tirelessly to H.R. 4710 He has been very supportive of efforts pass a piece of legislation called the Tyler Be it enacted by the Senate and House of that I have initiated to combat this by Jaeger Act. The bill helps California law en- Representatives of the United States of America in Congress assembled, giving grants to local law enforcement forcement officials combat child abuse by SECTION 1. SHORT TITLE. agencies. strengthening the penalties against individuals who commit child abuse that results in the This Act may be cited as the ‘‘Illegal Por- This $5 million goes to the Depart- nography Prosecution Act of 2000’’. death of a child. My goal in passing this legis- ment of Justice for funding for the SEC. 2. AUTHORIZATION OF APPROPRIATIONS. lation was to provide a greater level of protec- child exploitation and obscenity sec- There are authorized to be appropriated to tion of the Department. The monies tion for our children. As a form of child abuse, the Department of Justice for fiscal year 2001 sexual assault is among the saddest of crimes would be authorized only for prosecu- not to exceed $5,000,000 to be used by the tions under title 18, chapter 71, obscen- that can be committed, largely because the Criminal Division, Child Exploitation and victim is defenseless. With high recidivism Obscenity Section, for the hiring and train- ity. rates, we know that pedophiles will repeat ing of staff, travel, and other necessary ex- Federal statutes make it illegal to their crimes until we get them off the streets. penses, to prosecute obscenity cases, includ- transport obscenity. Obscenity has Just like Tyler Jaeger gave California new ing those arising under chapter 71 of title 18, been defined by the Supreme Court and tools to fight child abuse, H.R. 4047 will pro- United States Code. is not protected by the first amend- vide federal law enforcement with a greater The SPEAKER pro tempore. Pursu- ment. The amount of material on the ability to remove these threats from society. ant to the rule, the gentleman from Internet is growing exponentially. Supporting this bill is the least we can do for Ohio (Mr. CHABOT) and the gentleman Law enforcement was doing a pretty all of our children. I urge my colleagues to from Virginia (Mr. SCOTT) each will good job until a decade or so ago of vote for this important tool. control 20 minutes. working with postal authorities and so Mrs. KELLY. Mr. Speaker, I rise today in The Chair recognizes the gentleman on to deal with this, of shutting down support of this legislation offered by the gen- from Ohio (Mr. CHABOT). some adult book stores in many parts tleman from Wisconsin. GENERAL LEAVE of the country. It was a battle that we Child sex offenders are justly condemned by Mr. CHABOT. Mr. Speaker, I ask were in some respects winning. our society as being the worst kind of criminal. unanimous consent that all Members The Internet has changed that. The The bill being considered today reminds us may have 5 legislative days within feeling that some people have that that perhaps our policies dealing with them do which to revise and extend their re- they are so anonymous they can be in not fully match our rhetorical reproach. marks and include extraneous material their home viewing this material cre- The proposal we will vote on today rep- on H.R. 4710. ates a serious problem, and it is a prob- resents the tough approach that must be The SPEAKER pro tempore. Is there lem that is not simply a matter of taken if we are to succeed in reducing sex objection to the request of the gen- looking at pictures of women under crimes against our children. An examination of tleman from Ohio? certain circumstances. It is pictures of the issue tells us that pedophiles are more There was no objection. children engaged in sexual activities, likely than virtually any other type of criminal Mr. CHABOT. Mr. Speaker, I ask best described to me by a law enforce- to repeat the same offenseÐyet the convicted unanimous consent that the gentleman ment officer who said that child por- pedophile currently spends on average less from Oklahoma (Mr. LARGENT) be per- nography is viewing a crime in the than three years behind bars. process of being committed. We have got to do better than that. Child mitted to control the time, and I yield It is entirely appropriate that we de- sex offenders ruin lives. They are predators the balance of my time to the gen- with no conscience. The defenseless children tleman from Oklahoma. vote these resources to this. The pros- upon whom they prey must deal for the rest of The SPEAKER pro tempore. Is there ecutions for obscenity have dropped their lives with the scars left by a child sex of- objection to the request of the gen- dramatically over the last 8 years. The fender's cowardly actions. tleman from Ohio? excuse used by the Justice Department We must do more to keep these pedophiles There was no objection. is they do not have the resources. Let off our streets and away from our children. Mr. LARGENT. Mr. Speaker, I yield 3 us change that today by making sure This bill clearly takes a significant step in this minutes to the gentleman from Vir- that they have adequate resources to direction through its provision of tougher sen- ginia (Mr. GOODLATTE). prosecute these people who would prey tences for repeat offenders, so I thank my col- (Mr. GOODLATTE asked and was on our children. league from Wisconsin for his efforts on this given permission to revise and extend Estimates are as high as 400,000 chil- matter, and join him today in advocating its his remarks.) dren who are victims of child pornog- passage. Mr. GOODLATTE. Mr. Speaker, I raphy in this country. I urge my col- Mr. GREEN of Wisconsin. Mr. Speak- would like to first thank the gen- leagues to support this excellent legis- er, I have no further requests for time, tleman from Oklahoma (Mr. LARGENT) lation. and I yield back the balance of my for yielding this time to me, but, more Mr. SCOTT. Mr. Speaker, I yield my- time. importantly, for his leadership in com- self such time as I may consume, and I

VerDate 25-JUL-2000 06:24 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00164 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.151 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6943 rise in opposition to H.R. 4710. It pur- fact, trading of this horrid material pace with the challenges posed by the ports to add $5 million to the Depart- has grown exponentially in the last few Internet. Everyone is aware of the ex- ment of Justice’s 2001 budget for pros- years because of the new medium of plosion of the Internet, the explosion of ecuting obscenity cases. However, in the Internet. Web sites on the Internet, and with the reality, if the bill passes, it probably Let me repeat, pornography is ille- aggressive marketing tactics of the does not mean any new money to the gal; yet it is thriving in America adult entertainment industry. Department to be used for this purpose. today. Obscene material is being brought Rather it likely means that money al- Mr. Speaker, this must change. H.R. into our homes of millions of American ready appropriated to the Department, 4710 authorizes $5 million in funding for families, without their request or with- of that money $5 million must be de- the child exploitation and obscenity out our consent. voted to prosecuting obscenity cases. section of the Department of Justice. Why is there obscenity, and why are We are told by the Department pros- It is unconscionable that, while the we placing the emphasis on this legis- ecutors that this would mean that they current administration pays lip service lation and why is it necessary? Because would have $5 million less to prosecute to the concerns of millions of parents no one can even be sure of how many other serious crimes, such as sexual ex- and families, their actions show a total sites exist. Estimates range that those ploitation, such as child pornography, disregard for common decency. sites are from 40,000 to 100,000. These and other serious crimes which may be The lack of prosecution has been so sites feature all types of obscenity a priority now in order to pursue adult noticeable that in the last few years from child nudity to graphic sexual de- obscenity cases. that the adult entertainment industry pictions. Adult entertainment sites on As the gentleman from Virginia (Mr. has acknowledged that it has had years the Internet account for the third larg- GOODLATTE), my colleague, says, the of benevolent neglect from the Justice est, it is the third largest sector of bill restricts the $5 million to obscen- Department. sales in cyberspace with an estimated ity cases, which may not include child Mr. Speaker, this is unacceptable. $1 billion to $2 billion per year in rev- pornography, and certainly does not The children and families of America enue. cover child exploitation, nor drug con- deserve better. My own hometown of Clearly, these Web sites have no in- spiracies, nor organized crime, nor re- Greenville, South Carolina, has re- centive to regulate themselves or to re- peat sexual abuse, sexual molestation cently waded through the disturbing strict access by minors. Innocent cases, like the bill that we just finished discovery of patrons viewing pornog- adults and minors are increasingly en- with would have had, which we could raphy in the public library and inviting countering these sites. In fact, these clarify to make sure that these kinds and even forcing children to view the sites are often used in spam e-mail and of cases could be covered; but we are disgusting material as well. technical manipulations to trap some- under the suspension of the rules and After documenting the widespread one in the site on-line, and they may amendments are not allowed. and serious nature of the problem, the not even need to escape while they are Congress should not be managing the library board has taken strong and on-line. Also as the Committee on Department activities to this degree of proper measures to curtail the abuses Commerce noted in some hearings that detail. But even if we did, it makes no and to protect children in our commu- we had this year, in the past because of sense to prioritize adult obscenity nity. But this illegal material should sophisticated, yet easy to use navi- prosecutions which are allowed under not even be available to the public in gating software, minors who can read this bill over sexual exploitation and the first place. and type are capable of conducting Web child pornography prosecutions. Pornography is illegal, and it should searches as easily as it is to operate a Rather than making an assessment be treated as such; and those who trade television in their own home. of the Department of Justice’s funding, in this illicit material should be pros- The $5 million that we authorize with which they would need to prosecute all ecuted to the fullest extent of the law. this legislation provides essential serv- serious crimes, including obscenity The Justice Department already has ice for the Justice Department to pros- cases, we are now taking this potshot the authority to prosecute on-line and ecute obscenity cases on the Internet approach which prioritizes certain po- off-line obscenity. It has had the gen- and elsewhere. Obscenity is not pro- litically popular cases of the moment eral, if not specific, resources to do it. tected speech, and it should not be pro- at the expense of prosecuting more se- It has heard congressional concern on tected just because we do not have the rious offenses, including other offenses this issue for years, and it has done money to prosecute it. This bill will against children. I, therefore, urge my nothing. In fact, there has been a pre- give it the authorization to put forth $5 colleagues to vote no on this bill. cipitous decline in the prosecution of million to begin the crackdown on Mr. Speaker, I reserve the balance of cases. Internet obscenity. my time. With H.R. 4710, the administration Mr. LARGENT. Mr. Speaker, I yield 3 can no longer use the excuse that it Mr. Speaker, I am pleased to join the minutes to the gentleman from South does not have enough money. Congress gentleman from Oklahoma (Mr. Carolina (Mr. DEMINT). with this bill is declaring that contin- LARGENT), my friend and colleague, to Mr. DEMINT. Mr. Speaker, I rise ued lack of action is unacceptable. We support this legislation that will fund today in support of the Illegal Pornog- demand that the administration pro- this very important fight. I would hope raphy Prosecution Act introduced by tect our children and our communities. that we would all support H.R. 4710, the the gentleman from Oklahoma (Mr. Mr. Speaker, I am pleased to support Illegal Pornography Prosecution Act. LARGENT), my friend. I want to com- H.R. 4710, and I urge all of my col- Mr. LARGENT. Mr. Speaker, I yield 2 mend the gentleman for introducing leagues to join me in voting in favor of minutes to the gentleman from Okla- this important piece of legislation, be- this important bill. homa (Mr. COBURN). cause it addresses a growing and seri- Mr. SCOTT. Mr. Speaker, I yield such (Mr. COBURN asked and was given ous problem in our communities today, time as he may consume to the gen- permission to revise and extend his re- the proliferation of illegal hard-core tleman from Michigan (Mr. STUPAK). marks.) pornography. Mr. STUPAK. Mr. Speaker, I thank Mr. COBURN. Mr. Speaker, I come to Mr. Speaker, pornographic, obscene the gentleman from Virginia (Mr. the floor to strongly support this, and material is illegal. It has no protection SCOTT) for yielding the time, as we I understand that our job is to set pri- from the first amendment, nor does it may disagree on the merits of this bill, orities for the administration. There is deserve it. Hard-core pornography ap- because I am one of the sponsors of this no question in the debate that this has peals to the darkest side of humanity, bill. not been a priority for the administra- and it debases the value and dignity of Mr. Speaker, I want to thank the tion. human life. gentleman from Oklahoma (Mr. They have said that this has not been Yet under the current administra- LARGENT) for his leadership on this leg- a priority, and no matter how much tion, and this is the reason we need to islation, and I rise in support of H.R. money we send to the Department of specify, we have allowed obscenity to 4710. What this bill really does is it al- Justice, it behooves us to direct the thrive in the streets of America. In lows the Department of Justice to keep spending of that money in this area.

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00165 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.255 pfrm02 PsN: H25PT1 H6944 CONGRESSIONAL RECORD — HOUSE July 25, 2000 Mr. Speaker, I want to relate a cou- other set of people? And I would say posed to as they are attempting to ple of things to my colleagues. I deliv- there is a differential between pornog- learn on the Internet. ered a 9-year-old child of a baby, 9 raphy which is protected under the The Internet should be a learning years old, pregnant and delivering her. first amendment and illegal pornog- tool for our children. I want to tell my colleagues that that raphy, the way it is defined under Su- I might just say my good friend from is never going to be and never will be a preme Court rulings. There is a dif- Oklahoma, who mentioned the Clinton positive circumstance. The kind of ac- ference. Administration, I would hope and tions that brought about that situation This is the stuff we are all supposed think that the administration is not are the very actions that we are trying to not approve of because it is illegal, opposed to fighting pornography on the to get the Justice Department to look and we are not prosecuting it, and the Internet and would welcome this legis- at, to follow the law and to prosecute referrals are coming. All this says is it lation. the law. is time to make this a priority, because For that reason, let me say that I The problem is much greater than we it is a cancer in our culture. support the legislation, and as a co- would say, because if, in fact, we look We are in an unprecedented time of chair of the Democratic Task Force on on the Internet today, under stop peace and prosperity, but people know Children, I believe all of us should be AIDS, we will find information under there is a deeper issue here. These concerned about issues such as this and that category that is funded by our things cannot be good. As a matter of find a way to make the first step and own CDC that lists how you participate fact, this is the darkest side of human- then look to make legislative initia- in S&M sex. Also in that same area, it ity, and we need to draw a line and say tives better, but to take the first step. Mr. Speaker, I thank the gentleman shows the same type of obscenity that it is not right, it is not just, it is a can- for this legislation. cer, and this entire country of ours will we are paying for with our tax dollars Mr. SCOTT. Mr. Speaker, I yield my- fall and collapse on the weight of this to do that. self such time as I may consume. So the question is, this bill does not kind of cultural flaw. Mr. Speaker, let me just make a cou- go near far enough. This should just be The Word itself, the Good Book, says ple of closing comments. We have the first step as we attack this attack be wise as serpents, yet innocent as heard a lot of comments about obscen- on our children. doves. ity is illegal and child pornography is We need to root this out, and we need b 2215 illegal. The bill, unfortunately, re- to prosecute it in the United States of stricts the use of this money to obscen- The other point that I would like to America for the next generation. make, if this is an addictive procedure, ity cases, not child pornography cases. Mr. SCOTT. Mr. Speaker, I yield such Now, if we had a hearing and a mark- we are big about protecting our chil- time as she may consume to the gen- up, maybe we could cover what we dren from tobacco, we are big about tlewoman from Texas (Ms. JACKSON- want to cover, and I assume we are try- protecting our children from alcohol, LEE). ing to cover child pornography. But we are big about protecting our chil- Ms. JACKSON-LEE of Texas. Mr. you cannot use the $5 million to pros- dren from drugs, we are big about talk- Speaker, I thank the distinguished ecute child pornography, because it is ing about the violence that our chil- ranking member for yielding me time. restricted just to obscenity. dren are seeing, but we are not big Mr. Speaker, for a long time this has We heard the case of the 9-year-old when it comes to one of the things that been a concern of mine, and I do not mother, and obviously there is some- can undermine their future more than know if we are approaching this in the body out there that ought to be pros- any other thing. right direction, but I do say that this is ecuted for rape. This bill is restricted So where is our priority? If we are an important step, and I support this just to obscenity. You cannot use the really concerned about our children, legislation. money to prosecute those rapes. then we ought to be concerned about We always could do more. We always So, Mr. Speaker, we have $5 million. every aspect that will undermine their could be more precise. We will never It has got to be taken out of some- future. This is one of, if not, the larg- find out unless we try. This initiative thing. Nobody said we ought to be pros- est threat facing our children today, provides $5 million to the Criminal Di- ecuting organized crime less or child and I would hope that we would all sup- vision Child Exploitation and Obscen- rapes less or drug conspiracies less. port this legislation. ity Section to hire and train those in- They have not said that we ought to Mr. LARGENT. Mr. Speaker, I yield 2 dividuals who will be able to prosecute spend $5 million less on that. Obviously minutes to the gentleman from Ten- cases that would arise under the chap- the money has to come from some- nessee (Mr. WAMP). ter 71 of title XVIII. where. It is not going to be additional (Mr. WAMP asked and was given per- When we did the Telecommuni- money, because we have already had mission to revise and extend his re- cations Act some few years ago, one of the appropriations bill pass the House. marks.) the concerns was how would we stop So I would hope that we would not Mr. WAMP. Mr. Speaker, I thank the obscenity on the Internet or on the get into the minutia of the Justice De- gentleman for yielding me time. computer system? Unfortunately, at partment budget and take money from I serve on the subcommittee of the that time we had difficulty in passing an area, when we have not said where House Committee on Appropriations legislation. In fact, I believe the Su- it is coming from, particularly when it that funds the Department of Justice, preme Court overturned some legisla- could be coming from the prosecutions and on March 8 of this year in the rou- tion that we did include in that omni- that we wanted prosecuted, like child tine annual testimony, Attorney Gen- bus bill. pornography, which is illegal, but eral Janet Reno came before our com- We did manage to pass the V-Chip, which you can use this money for. mittee and I asked her specifically to which deals with television viewing, so Mr. Speaker, I yield back the balance answer six questions about the issue of parents could have control over their of my time. illegal pornography. She could not an- children and what they watch. Unfor- Mr. LARGENT. Mr. Speaker, I yield swer the questions in person, so she tunately, the Internet, the computer, myself such time as I may consume. asked for time to answer in writing. is a vehicle and a tool that children are Mr. Speaker, there is a cancer in our Today is July 25, and I have not often using alone. culture today, and it literally is cor- heard the first word, the first answer, What I am concerned about is there roding our national character. The from the first question. I think that is is a whole range of obscenity and por- problem of illegal pornography is a unfortunate, because I do think this is nography. There is the enticing of chil- cancer, eating away at America. Unless an issue that we should in a bipartisan dren through the Internet. I know that we begin to aggressively treat this can- way meet at the water’s edge. This is this legislation does not particularly cer by prosecuting it as the law says like national security, it is under- deal with that, but I do think it is im- and intends, it will continue to attack mining, I think, the foundation of our portant for this Congress to go on our marriages, our children, and our country. I think it is important. record that we oppose the manipula- society. People may say is this one set of peo- tion of our children and pornography It used to be that we were concerned ple trying to impose their values on an- concepts that our children may be ex- about the dirty little bookstore down

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00166 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.256 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6945 at the end of the street and the prob- obscenity, although most Americans Mr. Speaker, I urge my colleagues to lems of criminal behavior and declin- access these sites accidentally by vote for H.R. 4710, which is a vote to ing property values associated with it. searching through innocent key words prosecute obscenity, to uphold the law, Now the aggressive marketing tactics on the Internet. This at a time when and to protect our children from illegal of the pornography industry have we would like to sit here in Congress pornography. brought such material directly into the and say well, you know, the real pro- Mr. Speaker, I yield back the balance family rooms, our schools, our librar- ducers and purveyors of pornography, of my time. ies, and offices of millions of Ameri- they are not from this country. But The SPEAKER pro tempore (Mr. cans. that is wrong. TANCREDO). The question is on the mo- Do we think the social costs and Mr. Speaker, I would tell you that tion offered by the gentleman from community problems associated with the facts are that America is the lead- Ohio (Mr. CHABOT) that the House sus- those adult book stores have dimin- ing producer and promoter of pornog- pend the rules and pass the bill, H.R. ished just because it is on the Internet? raphy in the world today, in the world. 4710. Absolutely not. Instead, they have be- We are leading in producing material The question was taken. come more internalized and more de- that is degrading towards women, and Mr. LARGENT. Mr. Speaker, on that structive and more pervasive because yet the DOJ was unaware of even one I demand the yeas and nays. The yeas and nays were ordered. of their accessibility, their afford- major producer. The SPEAKER pro tempore. Pursu- ability and the fact that you can now But what does the adult industry say ant to clause 8 of rule XX and the be anonymous. That is the nature of il- about the Department of Justice’s Chair’s prior announcement, further legal pornography on the Internet turning a blind eye? Here is what Adult proceedings on this motion will be today. Video News said, a trade magazine for postponed. So what is the extent of the problem? the porn industry. They reported in f Well, as has been mentioned already, 1996, ‘‘There have been fewer Federal estimates range somewhere between prosecutions of the adult industry b 2230 40,000 and 100,000 Web sites are porno- under Clinton than under Reagan and CONGRATULATING PEOPLE OF graphic in nature today, and 200 new Bush. With no reason to change his UNITED MEXICAN STATES ON Web sites are created each day devoted hands-nearly-off porn policy, vote for SUCCESS OF DEMOCRATIC ELEC- to pornography, most of it illegal por- Mr. Clinton.’’ TIONS HELD ON JULY 2, 2000 nography, or ‘‘obscenity’’ as the legal In March 1998, following just six ob- term of art. Adult entertainment sites scenity prosecutions in 1997 by all 93 Mr. GALLEGLY. Mr. Speaker, I on the Internet account for the third U.S. Attorneys, the same magazine an- move to suspend the rules and agree to largest sector of sales in cyberspace, nounced, ‘‘It’s a great time to be an the resolution (H. Res. 544) congratu- with an estimated $1 to $2 billion per adult retailer.’’ lating the people of the United Mexi- year in revenue on the Internet alone. In March of this year, the Adult En- can States on the success of their It is a well-known fact that the larg- tertainment Monthly, another publica- democratic elections held on July 2, est consumer group of this pornog- tion for the porn industry, mused over 2000. raphy is young boys ages 12 to 17 years how unlikely it is that the adult enter- The Clerk read as follows: old in this country. In fact, the average tainment industry will enjoy the same H. RES. 544 age of exposure because of the Internet ‘‘benevolent neglect’’ under the next Whereas the United States and Mexico has fallen to the age of 11. Illegal por- administration that the industry has have a long history of close relations and nography is teaching an entire genera- enjoyed under Janet Reno. share a wide range of interests; Whereas the people of the United States tion of young men distorted values Lieutenant Ken Seibert of the Los and the people of Mexico have extensive cul- about their sexuality, about marriage, Angeles Administrative Vice Unit, tural and historical ties that bind together about healthy relationships with quoted in the Los Angeles Daily News, families and communities across national women and respect for others. Rapists, stated, ‘‘Adult obscenity enforcement boundaries; for example, it has been found, are 15 by the Federal Government is prac- Whereas a democratic, peaceful, and pros- times more likely to have had exposure tically nonexistent since the adminis- perous Mexico is of vital importance to the to hard-core pornography during child- tration changed in 1992.’’ security of the United States; hood. Porn video distributor David Schles- Whereas a close relationship between the United States and Mexico, based on mutual So what exactly has the Department inger told TV Guide in 1998, ‘‘President respect and understanding, is important to of Justice done in response to this epi- Clinton is a total supporter of the porn the people of both nations; demic, this cancer, in our culture? industry, and he’s always been on our Whereas Mexican leaders from across the Prosecutions of obscenity have dropped team.’’ political spectrum and representatives of over 75 percent since 1992, this at a These are not my quotes, these are civil society recognized the need for political time when pornography has become not Republican quotes, these are the and electoral reform and took important ubiquitous in our culture today, giving quotes from the porn industry itself. steps to achieve these goals; a false sense of legitimacy to the por- Just today a porn industry legal ana- Whereas on July 2, 2000, nearly two-thirds lyst stated, ‘‘On the Federal side the of all eligible voters in Mexico participated nography industry. In fact, there have in the national election; been porn industry people that have ac- industry has not seen a Federal pros- Whereas both domestic and international tually gone with public offerings now ecution in years.’’ That is what the election observers declared the July 2nd on the stock exchanges. The Depart- porn industry legal analyst said. elections to be the fairest and most trans- ment of Justice has turned a blind eye H.R. 4710 is important. It is an impor- parent in Mexico’s history; to this cancer, allowing America’s chil- tant first step towards prodding the Whereas the election of Vincente Fox dren to be bombarded with obscenity. DOJ’s Child Exploitation and Obscen- marks the first transition in power at the In a Committee on Commerce sub- ity Section to prosecute obscenity and presidential level in 71 years from the ruling committee hearing in May of this year, also holding them accountable to do so. Institutional Revolutionary Party (PRI), completing Mexico’s transition to a total the Department of Justice said that H.R. 4710 authorizes $5 million in fund- multi-party democratic system; the prosecution of obscenity has not ing for the Child Exploitation and Ob- Whereas Vincente Fox, the winning presi- been a priority for them. In fact, it was scenities Section of the Department of dential candidate, and Ernesto Zedillo, the suggested that if we gave them $50 mil- Justice for the prosecution of obscen- current president, have both pledged them- lion more, that they still would refuse ity exclusively. selves to a peaceful and cooperative transi- to prosecute obscenity. So money is Obscenity is illegal under Federal tion of power; and not the issue. It is the fact that this is law. Obscenity has been defined by the Whereas this transparent, fair and demo- not a priority. They stated that in the Supreme Court. Obscenity is not pro- cratic election should be broadly com- mended: Now, therefore be it subcommittee hearing that I partici- tected by the first amendment, and the Resolved, That the House of pated in and actually called for. vast majority of Americans believe ob- Representatives— Furthermore, they could not name a scenity laws should be vigorously en- (1) congratulates the people and Govern- single major distributor or producer of forced. ment of the United Mexican States for the

VerDate 25-JUL-2000 05:20 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00167 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.259 pfrm02 PsN: H25PT1 H6946 CONGRESSIONAL RECORD — HOUSE July 25, 2000 successful completion of the democratic One of the reforms he initiated was and Venezuela, Peru and Haiti, we see multiparty elections for president and the the establishment of the Independent democracy losing ground, and we all legislature; Federal Electoral Institute, which was need to keep focused to make sure that (2) commends all the citizens and political to oversee the electoral process, there- in Venezuela, where democracy has parties of Mexico for their participation in the democratic process and their strong sup- by insulating the electoral administra- been strong for so long, that it is not port for the strengthening of their democ- tion from political influence. lost; in Peru and Haiti, that the trou- racy; In addition, President Zedillo was in- bles there do not lead to a continued (3) congratulates President-elect Vincente strumental in instituting a primary se- deterioration in the democratic proc- Fox for his election victory and his strong lection process for future presidential ess. commitment to democracy and a free-mar- candidates within his own PRI party Mr. Speaker, I reserve the balance of ket oriented economy; and which has ruled Mexico since 1929. This my time. (4) reaffirms the United States friendship primary process was a major accom- Mr. GALLEGLY. Mr. Speaker, I yield with the United Mexican States and our un- plishment which helped to democratize such time as he may consume to the equivocal commitment to encouraging de- gentleman from California (Mr. mocracy throughout Latin America. the party itself. Finally, Mr. Speaker, we should also DREIER), who recently led a 44-member The SPEAKER pro tempore (Mr. recognize the diligent work of the Na- delegation to oversee the national elec- TANCREDO). Pursuant to the rule, the tional Action Party, or PAN, as well as tion in Mexico. He is my good friend gentleman from California (Mr. the former political talent of Presi- and the chairman of the House Com- GALLEGLY) and the gentleman from dent-elect Vicente Fox, which were mittee on Rules. Connecticut (Mr. GEJDENSON) each will also key factors in the July 2 electoral (Mr. DREIER asked and was given control 20 minutes. process. permission to revise and extend his re- The Chair recognizes the gentleman This vote for H.Res. 544 not only rec- marks.) from California (Mr. GALLEGLY). ognizes Mexico’s successful election Mr. DREIER. Mr. Speaker, I rise to GENERAL LEAVE and congratulates President-elect Fox, compliment my very good friend, the gentleman from Simi, California (Mr. Mr. GALLEGLY. Mr. Speaker, I ask but it hopefully ushers in a new chap- GALLEGLY), who has done a superb job unanimous consent that all Members ter in U.S.-Mexican relations which I on the Committee on International Re- may have 5 legislative days within hope will further bind our nations lations, and having authored this reso- which to revise and extend their re- through our shared aspirations in the lution is a demonstration of his strong marks and include extraneous mate- future. commitment to building ties between rials on H.R. 544. Mr. Speaker, I urge our colleagues to The SPEAKER pro tempore. Is there the two very important nations. join me in congratulating the people of I would like to say that the gen- objection to the request of the gen- Mexico, members of civil society and tleman from Connecticut (Mr. GEJDEN- tleman from California? the political parties for the dramatic SON) is somewhat modest on this when There was no objection. process made over the past several Mr. GALLEGLY. Mr. Speaker, I yield he talks about how he has vacationed years in bringing about this historic in Mexico. He has actually worked in myself such time as I may consume. and laudable electoral success. Mr. Speaker, I rise in support of Mexico, too, because he is a veteran Mr. Speaker, I reserve the balance of member of the Mexico-U.S. Inter- H.Res. 544, which this Member, along my time. with the distinguished gentleman from parliamentary Conference; and over Mr. GEJDENSON. Mr. Speaker, I the past 2 decades that he and I have Texas (Mr. GONZALEZ) and 26 of our col- yield myself such time as I may con- leagues, introduced to commend the been privileged to serve here in the sume. Congress, he has been an active partici- government and people of Mexico on Mr. Speaker, let me first just take pant in a number of those meetings and their recent national elections. one moment to publicly thank Dennis While Mexico, in fact, practiced has, as I have, observed the tremendous McDonough for the great work he has transition which has taken place. democratic governments for the past done on the committee. Dennis is aban- In fact, when he and I were elected to several decades, the outcome of the doning us to go to the other body and the Congress exactly 20 years ago, we July 2 presidential election ending 71 join Senator DASCHLE’s staff, an excel- saw a Mexico which in fact was facing years of dominance in the office of the lent choice if he has to go to the Sen- very serious economic problems. In presidency by the PRI party represents ate. We would have rather he stayed fact, I remember in 1982, after the first the most dramatic and historic change with us. We just want to publicly Mexico-U.S. Interparliamentary meet- in leadership in modern Mexican his- thank him for all of his fine work and ing that I attended, we saw President tory. tell him if he changes his mind we will Lopez Portillo nationalize the banking In addition, this legislation was be happy to take him back, at reduced system and we saw a wide range of deemed by both domestic and inter- pay, of course. other steps which were actually retro- national electoral monitors as the Mr. Speaker, I rise in support of the grade steps when it comes to the issue freest, fairest, and most transparent resolution. I think all of us were truly of economic reform. Beginning in 1988, election in Mexican history; and the impressed by the changes that have oc- we saw the economic reform that my broad participation of nearly two- curred in Mexico and the electoral friend is actually saying needs to take thirds of Mexico’s eligible citizenry process. The good news is that demo- place. further evidences the noteworthy suc- cratic change has occurred there peace- What we saw was policies put into cess of the election. fully with our neighbor to the south, a place in the Salinas administration, Mr. Speaker, aside from this broad country that I have great admiration led by the likes of Pedro Aspe, the recognition of success of the recent for and have spent many vacations treasury secretary, and Jaime Serra election, I want to address one impor- there. Puce, the commerce secretary who tant aspect of this election. I believe it Mr. Speaker, Mexico needs to go be- brought about the kind of reform that is important to recognize Mexico’s cur- yond simple political reform. It needs we as a nation and the rest of the world rent President Ernesto Zedillo for his economic reform. It needs to be a coun- are moving towards: privatization, de- critical role in initiating reforms try that gives not only democratic op- centralization. which assured the transparent and portunity politically, it needs to give They closed down many state-owned democratic process witnessed in the re- democratic economic opportunity to enterprises. They, in fact, saw Presi- cent election. its citizenry as well. So I applaud what dent Salinas because of his concern for Two years ago, Mexican leaders from happened in Mexico, and I hope that we environmental issues close down the across the political spectrum, led by can work together to give every Mexi- largest oil refinery, putting 5,000 people President Zedillo and representatives can an opportunity to benefit from this out of work in Mexico City because of of the civil society, recognized the need change. his commitment to environmental for political and electoral reform and Additionally, I would only like to issues. That took place during the 6- took important steps to achieve these say, Mr. Speaker, that while we see year period of the Salinas administra- laudable goals. this good news of democracy in Mexico tion; and, admittedly, there were many

VerDate 25-JUL-2000 06:24 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00168 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.146 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6947 problems. President Salinas continues lutionary Party, play a role in encour- pursued improvements in Mexico; and I to face problems there, but his commit- aging free and fair elections. was pleased when he stood in this aisle ment to economic reform which began We saw it finally work. It is a dem- in 1987 and asked me to join with him in 1988 was key to what we saw on July onstration of the commitment to eco- as a cosponsors of legislation to elimi- 2. nomic reform and the success of the nate those tariff barriers, and we on Now, in 1993 and 1994, my friend the North American Free Trade Agree- July 2 saw that ultimate victory be- gentleman, from Arizona (Mr. KOLBE), ment, the commitment of President cause of the economic reform. who is going to be speaking in just a Zedillo and as my friend from Cali- b 2245 few minutes, often at 10:39 in the fornia, the author of this resolution, evening, would stand here and talk along with the gentleman from Texas So I congratulate the people of Mex- about the importance of breaking down (Mr. GONZALEZ) made it very, very ico and, of course, my colleagues who barriers, tariff barriers, among Canada, clear, the success of the National Ac- moved ahead with this. the United States and Mexico as we tion Party, the party which has em- Mr. GEJDENSON. Mr. Speaker, I were seeking to get the Congress to braced the policies which I believe are yield 2 minutes to the distinguished pass the North American Free Trade key to bringing about the kind of suc- gentleman from Texas (Mr. GONZALEZ). Agreement. We argued that if we were cess economically that we have seen in Mr. GONZALEZ. Mr. Speaker, a spe- to pass the North American Free Trade the United States and around the cial thanks, of course, to everyone that Agreement we would see very positive world. is here to speak to this issue and to changes and economic improvement. I am happy to see the PRI party em- this resolution. I especially appreciate Mr. Speaker, I am very proud of the brace many of those PAN party posi- the words from the gentleman from fact that that has happened. tions during the 1990s, but now the peo- California (Mr. DREIER), looking for- We have seen a dramatic improve- ple of Mexico are going to get the real ward to even a better relationship with ment in both the standard of living in thing with Vicente Fox as its presi- Mexico and what this election rep- the United States and in Mexico. In dent. resents. fact, today the Mexican population It is a coalition that has been put to- A special thanks to the gentleman that is considered to be middle class is gether, but the sense of optimism that from California (Mr. GALLEGLY) and larger than the entire Canadian popu- I saw in Mexico was overwhelming. On the gentleman from New Jersey (Mr. lation. election night, at about 1:00 in the MENENDEZ) and their staffs for the So, sure, there are many poor people morning, I joined one of the members privilege they have provided me to in Mexico, and there are many rich of our delegation, M. Delal Baer, who is work with them on this legislation. people in Mexico. We have often heard one of the most prominent Mr. Speaker, I am honored to con- that to be the case, but the North Mexicologists at the Center for Stra- gratulate our neighbor, Mexico, for its American Free Trade Agreement has tegic International Studies here in peaceful, transparent federal election been key in our quest to see the stand- Washington, and to stand at what is that took place on July 2, 2000. The ard of living improve in Mexico. Much known as the Plaza, which is the Angel Mexican citizens, through their partici- more work remains to be done, but we of Independence, when Vicente Fox pation and dedication to electoral re- saw that step take place. We knew, came out we stood among about 50,000 form in numbers that exceed those by based on the evidence that we have or 60,000 people, the level of optimism, our own voters in our elections, must seen in other countries in this hemi- the confidence that the people had was be credited for assuring that this elec- sphere, Argentina and Chile and the incredible. tion was in fact transparent, fair, open, Pacific Rim, South Korea and Taiwan, I will say in closing that I will never and in the final analysis a democratic that focusing on economic reform forget being in a little tiny town called success. would in fact bring about an improve- Metepec, which is in the hills above The United States and Mexico, joined ment in the issue of self-determina- Puebla and Atlisco, when at 6:00 we by a common border, share mutual in- tion, political rights, human rights. counted the ballots, which was in a terests and concerns that make the Mr. Speaker, I will say, having joined rural area where in fact the Institu- fate of one country dependent on the with the former Secretary of State, tional Revolutionary Party, the PRI other. The City of San Antonio, my James Baker, and the mayor of San party, was supposed to be very strong city, with its proximity to Mexico, has Diego, Susan Golding, in co-leading a because of a lot of things that they had always had a unique bond with Mexico delegation of the International Repub- done to promote incumbency there, due to its shared history. lican Institute, an arm of the National and a young 18-year-old woman who The mutual responsibilities of Mex- Endowment for Democracy, we saw was the representative of the National ico and the United States make this a self-determination finally take hold. Action Party stood there, and we wit- historic election important to our Now we have seen the success of op- nessed the counting of the ballots in economies and national security. position parties in mayoral elections. this casilla, which was a voting sta- Today, with this election, Mexico will In fact, 15 of the 16 largest cities in tion. The vote was 210 votes for Vicente enter a new era that will have con- Mexico have opposition party mayors. Fox and 106 for the PRI party can- sequences for its international rela- Governorships throughout the country, didate, Francisco Labastida. tionship, not only with the United of the 32 states, we have seen a number What we saw was a level of excite- States but with the rest of the world. of them with opposition party gov- ment because this woman said to me, Mr. Speaker, I know that with Presi- ernors, but for 71 years we continued my family for years, as members of the dent-elect Fox’s leadership, as dem- through a dozen elections to see the In- National Action Party, we have been onstrated during his campaign for of- stitutional Revolutionary Party, the working to bring this day about, and it fice, he will reach out and embrace the PRI party, hold control. has finally happened. That is why I different factions in Mexico, joining In fact, even members within the PRI think it is very important for us as a the country in its united cause to en- acknowledged that there were a great Nation to say that the already strong sure that Mexico’s dedication to de- deal of problems, to put it mildly, in relationship between Mexico and the mocracy will not be compromised. elections that have taken place in the United States will, I believe, be Finally, I would like to congratulate past. We remember very well in the strengthened even more with the elec- President Zedillo and President-elect 1994 election when the computers broke tion of Vicente Fox. I believe that we Vicente Fox for their commitment to a down, the PAN party had actually been have a tremendous potential for the fu- peaceful transition of power. ahead, and we saw a change that took ture. In closing, I would hope what this place overnight. So that is why the I congratulate the gentleman from election represents is a fruition of commitment that President Zedillo Texas (Mr. GONZALEZ) for joining in as great effort by many of the greatest made to strengthen the FEI, the Fed- a cosponsor of this resolution. I want leaders in Mexico. Mr. Speaker, on re- eral Electoral Institute, which was de- to again congratulate my friend, the flection, when my grandparents came signed to have an independent body, gentleman from Arizona (Mr. KOLBE), over in 1908 seeking a certain dream independent of the Institutional Revo- who for years and years and years has that they felt they could only achieve

VerDate 25-JUL-2000 06:53 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00169 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.264 pfrm02 PsN: H25PT1 H6948 CONGRESSIONAL RECORD — HOUSE July 25, 2000 under the system in the United States, the Mexican people themselves. I be- steps that they have taken in recent that after this election and what it lieve now is the time to tear down the years and very dramatically with this brings that it will mean that individ- barriers, to embrace the new President election. This month’s election is the uals in Mexico will achieve the same and the Mexican president. Rather cumulation of slow political change in dream that my grandparents sought in than building walls, it is time to build Mexico. And so we congratulate Presi- the United States, but rather than bridges and encourage Mexico’s new dent-elect Vicente Fox and his party, within their own borders of Mexico. and successful commitment to democ- the National Action Party. Mr. GALLEGLY. Mr. Speaker, I re- racy. We can gain so much from this But we congratulate more than an serve the balance of our time. cooperative effort. We have already individual and more than a political Mr. GEJDENSON. Mr. Speaker, I begun. party. We congratulate the people of yield 2 minutes to the gentleman from Mr. Speaker, I say to the new Presi- Mexico, for this is a moment that Mex- California (Mr. FILNER). dent, ‘‘Senor Presidente, si, se puede.’’ ico should be justly proud. It is not the Mr. FILNER. Mr. Speaker, I rise to Mr. GALLEGLY. Mr. Speaker, I yield end; it is the beginning of a new era, a join my colleagues in acknowledging such time as he may consume to the new era of openness, of democracy, of this historic moment for our neighbors gentleman from Arizona (Mr. KOLBE). prosperity for the Mexican people. and friends to the south. We know that Mr. KOLBE. Mr. Speaker, I thank the Mr. Speaker, I am pleased to extend just 3 weeks ago Vicente Fox achieved gentleman from California (Mr. my best wishes and sincere congratula- a monumental victory in assuring his GALLEGLY) for yielding me this time, tions to the people of Mexico. As the ascension to the Mexican Presidency. and I thank him for his leadership in Mexicans themselves might say it, ‘‘En I had a chance to meet Mr. Fox dur- bringing this resolution to the floor. I hora buena. Muchas Felicidades.’’ Well ing the campaign. I spent several also thank the gentleman from Con- done, congratulations. weeks in Mexico watching the election. necticut (Mr. GEJDENSON) and the gen- Mr. GALLEGLY. Mr. Speaker, I re- I saw the hope and the optimism and tleman from Texas (Mr. GONZALEZ) for serve the balance of my time. the excitement engendered by his can- their efforts as well. Mr. GEJDENSON. Mr. Speaker, I didacy; a hope and optimism which I Mr. Speaker, this is a historic mo- yield 21⁄2 minutes to the distinguished think bodes well for U.S.-Mexico rela- ment that we are here on the floor with gentleman from Ohio (Mr. BROWN), who tions. this resolution, and I rise in strong is a valuable member of the com- This election represents also the ex- support of it, a resolution to congratu- mittee. ample of leadership that was shown by late the people of Mexico for their his- Mr. BROWN of Ohio. Mr. Speaker, I President Ernesto Zedillo. He em- toric democratic election which was thank the gentleman from Connecticut barked on a reform policy from the be- held just a few days ago. (Mr. GEJDENSON) for yielding me this ginning of his own 6-year presidency. As a student of U.S.-Mexico rela- time. He stayed committed to it and there tions, I know that history has not al- Mr. Speaker, I rise in support of H. was widespread confidence in the fair- ways been kind to Mexico. From the Res. 544 congratulating Vicente Fox ness of the election throughout Mexico. Spanish conquest of Mexico to the dic- and the Mexican people for this very On election night, President Zedillo tatorship of Porfirio Diaz, Mexico was successful election. Vicente Fox as a recognized the legitimacy of Mr. Fox’s for too long under the thumb of oppres- candidate was in the Capitol some victory and guaranteed the peaceful sive governments. The Mexican revolu- months ago and I talked to him about transfer of power. That will be his most tion broke those chains of oppression, Chiapas, the very poor state in south- enduring legacy. That legacy, the devo- but it threw Mexico into years of civil ern Mexico, talking about rural devel- tion to democracy, is a legacy to hold war and infighting. It was not until the opment, about health care in Chiapas, sacred the voices of Mexico’s people. PRI consolidated power 70-plus years and especially about the military occu- Mr. Speaker, the district I represent, ago that peace really returned to Mex- pation from the central government of California’s 50th, part of the City of ico. many of the rural areas of Chiapas. San Diego, lies directly on the U.S.- During the past two PRI presi- Once a year a Cleveland doctor friend Mexico border and my community dencies, we began to see real change of mine, who practices in the inner-city shares close ties with Mexico. From occurring in Mexico. A traditionally clinic in Cleveland, goes to Chiapas for our homes we look south and see the closed and protected economy began to a month and practices in a rural Catho- Mexican hills. We share ocean and open up to the world. United States lic hospital. She has worked on several river water, businesses and culture. and Mexico, sensing an historic oppor- patients with tuberculosis. She tells The greatest number of legal cross-bor- tunity, locked these reforms into place me that in order to treat tuberculosis, der travelers between any two nations with the conclusion of the North Amer- someone needs to visit a doctor or a in the world pass through my district. ican Free Trade Agreement. But health clinic, or the health worker But another highly visible feature of NAFTA was more than a simple trade needs to go to the person’s home and my district is a border fence, a sym- agreement between our three coun- take medicine there every day for 6 bolic scar that separates our busi- tries. It symbolized a new sense of months. nesses, our friendships, our families. partnership between the United States The problem in Chiapas is that pa- On each side of that fence is tension, and Mexico. It made concrete what we tients simply cannot get to and from a mistrust and violence. At this border all know to be true, that like it or not, clinic, nor can the workers in the clin- we have great problems to solve and the United States and Mexico share a ics get to the patients’ homes, because great challenges to meet: Immigration common future. of the check points and the military problems, environmental problems, in- Economically, I think NAFTA has occupation in southern Mexico in frastructure problems. been a huge success. It helps to bring Chiapas. President Fox, back then Can- But Mr. Fox has already boldly spo- investor confidence to Mexico. It has didate Fox, pledged to me and several ken out on these issues. He sees a enabled both the United States and others publicly and privately that one Mexican economy that will provide 1.5 Mexico to specialize its production and of the first things he would do is nego- million new jobs a year and a national it has led to increased exports on both tiate with those indigenous peoples to campaign to raise standards of living sides of the border. But the true suc- get the military out of southern Mex- and increase access to health care and cess of NAFTA lies much deeper than ico to get the military occupation out education. He sees the breakup of a that. of Chiapas. corrupt bureaucracy. He has promised As I have always said, with economic Mr. Speaker, that is a very impor- to deal with human rights concerns in reforms, political reforms will follow. tant issue for the health of many of Chiapas. All these steps Mr. Fox right- And there is no greater testament to those people in rural southern Mexico, ly knows will reduce the pressure of this fundamental truth than the recent many of the indigenous people. I hope immigration on our border. democratic elections in Mexico. he follows up on that promise. Mr. Speaker, many San Diegans are So, Mr. Speaker, it is with great Second, very quickly, Mr. Speaker, as excited about the prospects of this pleasure that I congratulate the Mexi- President Fox talked during his cam- new Mexico and this new border as are can people for the bold and visionary paign, and since, about beginning to

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00170 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.266 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6949 put together if you will a European tions ever in Mexico, two-thirds of eli- change from the corrupt practices of Union style deepening of the North gible voters, over 35 million strong, past administrations. This stunning ex- American Free Trade Agreement. participated. ample of democracy by one of our two Many of us have mixed feelings about b 2300 closest neighbors are very special at a the success of NAFTA. I feel it has not time when democratic institutions been a success at all, unlike the pre- According to former President seem threatened in other countries in vious speaker. Nonetheless, if he is Jimmy Carter, who observed the elec- the Western Hemisphere. going to pursue an EU-style, European tions from Mexico City, ‘‘The Carter I strongly urge my colleagues to sup- Union style deepening of NAFTA, cus- Center has been monitoring elections port this legislation. I commend the toms issues, currency issues, things down here for more than 12 years and gentleman from California (Mr. this one was almost perfect.’’ like that. It is important that he also GALLEGLY). Mr. Speaker, of Mexico’s 113,423 vot- with that, as the Europeans have done, Mr. FALEOMAVAEGA. Mr. Speaker, ing stations, it is reported that 99.99 enact strong labor standards, strong I yield 2 minutes to the gentlewoman percent functioned normally and with- environmental standards, strong food from Texas (Ms. JACKSON-LEE). out fraud, a country with a population safety, truck safety standards; all the Ms. JACKSON-LEE of Texas. Mr. of some 85 million plus. I say what a issues that will raise Mexicans up, not Speaker, I thank the distinguished great example for a country with bring American food safety and envi- ranking member for yielding me this ronmental standards down. That will democratic institutions in place. Mr. Speaker, there is an extraor- time. Mr. Speaker, I thank the pro- help build a prosperous middle class in dinary accomplishment, a sign of polit- ponents of this legislation. Mexico so we can have real trade be- Texas has a long-standing relation- ical maturity and commitment to de- tween the two countries. ship, historical relationship with the Mr. Speaker, I applaud Mr. Fox’s mocracy, for which the good people of Mexico should be given tremendous Nation of Mexico. Let me just con- election and applaud the Mexican peo- gratulate this being the first transition ple for their success. I ask Mr. Fox and credit. Mr. Speaker, at the eve of such dy- of government in 71 years. again urge him in terms of the indige- namic changes with Mexico’s election Mr. Fox’s election completes Mexi- nous people in Chiapas and the mili- process, I also want to especially note co’s transition to a total multiparty tary occupation and the EU-style deep- that Mexico’s newly elected leaders to democratic system. I think the ap- ening of NAFTA. plause goes to the American people and Mr. GEJDENSON. Mr. Speaker, I take up more seriously the really need- ed social and economic issues of the to the Mexican people for their contin- yield 41⁄2 minutes to the distinguished ued friendship, but particularly those gentleman from American Samoa (Mr. needs of millions of indigenous Indians who live in that country. I am certain who came out to vote in this most re- FALEOMAVAEGA), also a member of the cent election where estimates say that committee. that Mexico’s first president and leader who liberated Mexico from Maximilian more than or almost two-thirds of all (Mr. FALEOMAVAEGA asked and eligible voters participated in what do- was given permission to revise and ex- rule and, for that matter, from Euro- pean colonialism, the irony of all of mestic and international election ob- tend his remarks.) servers have declared to be the fairest Mr. FALEOMAVAEGA. Mr. Speaker, this, Mr. Speaker, is that Benito and most transparent national election I join strongly with our colleagues in Juarez, the George Washington and in Mexico’s history. urging the passage of House Resolution Abraham Lincoln in Mexico combined, I believe this is the road to a longer 544 which congratulates the people and in my humble opinion, was a pure- lasting and continued friendship be- the government of Mexico for their tre- blooded indigenous Indian who was or- tween the United States and Mexico. mendous success of their democratic phaned at a tender age and educated by As a Representative from Houston, let elections held earlier this month. Catholic priests, even had personal Mr. Speaker, I certainly would want communications with Abraham Lin- me say that we have continued and to thank the gentleman from New coln during the Civil War. over the years continued to improve and to applaud the relationship that we York (Mr. GILMAN), chairman of our One of the things I want to share Committee on International Relations, with my colleagues, Mr. Speaker, when have had with Mexico City, doing busi- and also the gentleman from Con- President Lincoln was assassinated, ness, exchange of ideas, exchange of necticut (Mr. GEJDENSON), the ranking Mexico was the only country that educational opportunities, exchange of Democratic member, for their leader- President Juarez ordered flags half our legislators. So there is a long- ship and support of this legislation. mast to pay honor and homage to standing friendship, even of my local I also want to commend the gen- President Abraham Lincoln. That is community. tleman from California (Mr. the caliber of this gentleman’s leader- I look forward to this new democracy GALLEGLY), chairman of the Sub- ship. I am very touched by the fact being part of Mexico’s increased and committee on the Western Hemisphere, that I am sure that Benito Juarez enhanced prosperity. I applaud the my good friend, for introducing this would have been very happy with the elections, and I wish them the very legislation, and thank the gentleman results of the election. best. from Connecticut (Mr. GEJDENSON), the But I want to note and to also send Mr. Speaker, I rise in support of this resolu- ranking Democratic member of the this message: Our friends in Mexico, do tion congratulating the people of the United subcommittee, for bringing the meas- not neglect the needs of the indigenous Mexican States on their democratic elections ure to the floor. I am proud to join Indians, the millions of indigenous In- held on July 2, 2000. These recent events are them as a cosponsor and strongly urge dians in that country. truly historical and will not only have an impact my colleagues to support this resolu- Mr. Speaker, as we depart the 20th on Mexico's citizens, but also the impact of tion. century, outgoing President Ernesto this change will be experienced the world Mr. Speaker, the United States has Zedillo should be recognized and com- over. had a long close and special relation- mended for the electoral reforms he in- Throughout our history, the United States ship with Mexico, our nearest neighbor stituted that made possible free and and Mexico have shared a unique history and to the south. I, and many of our col- fair elections in Mexico, which is truly continue to share a wide range of interest. In leagues, have traveled to that Nation an admirable legacy. fact, my home state of Texas was once a part to review issues of mutual concern. As we enter the 21st century, the Mexico. I have often stated that America is not That is why we take great pride in United States should strive to support only a country of laws but also a country of Mexico’s historic exercise of democ- the President-elect Vicente Fox and his immigrants. racy this month, which saw national visionary agenda for Mexico to over- The 18th Congressional District of Texas, elections ending the three-quarters of a haul government and stop corruption, which I am proud to represent, has a large century domination and one-party rule improve employment and strengthen number of people who are immigrants from by the PRI, or the Institutional Revo- education, and to vigorously combat Mexico or are descendants of past Mexican lutionary Party. the international drug trade. immigrants. I am certain that a number of my In what is seen as the fairest and Mr. Speaker, the people of Mexico colleagues have large Hispanic populations in most competitive presidential elec- have spoken, and they clearly want their home districts as well. With this in mind,

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00171 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.269 pfrm02 PsN: H25PT1 H6950 CONGRESSIONAL RECORD — HOUSE July 25, 2000 it is easy to understand that many of our na- cool head, and vow to make the transition be- political, and economic development of a so- tion's Hispanic people still have strong cultural tween political parties go smoothly that led ciety. and family ties to Mexico. members of his party and the government to (2) Corruption facilitates criminal activi- The bond between family members is not accept their defeat with grace and dignity. ties, such as money laundering, hinders eco- destroyed because one family member lives in nomic development, inflates the costs of The United States and Mexico have a long doing business, and undermines the legit- another country. For this reason, we must take and storied history. As proud countries which imacy of the government and public trust. care to maintain a close and positive relation- share an international border, we have had (3) In January 1997 the United Nations Gen- ship between the United States of America more than our share of disagreements as well eral Assembly adopted a resolution urging and Mexico. as victories. Along with that border comes an member states to carefully consider the Such a relationship is important to the peo- entire culture unto itself, on both sides of the problems posed by the international aspects ple of both nations. A democratic and pros- border, that consists of traditions, unique cui- of corrupt practices and to study appropriate perous Mexico is important to the security of sine, Old West legends and a language that is legislative and regulatory measures to en- the United States. a mixture of Spanish and English. sure the transparency and integrity of finan- A brief historical reflection helps us to better In the past decade, we have strengthened cial systems. (4) The United States was the first country appreciate the significance of these recent our relationship with Mexico by virtue of elections. Vicente Fox represents the first tran- to criminalize international bribery through NAFTA and other trade policies. It is my hope the enactment of the Foreign Corrupt Prac- sition in power at the presidential level in Mex- that in this decade and this century, the United tices Act of 1977 and United States leader- ico in 71 years from the ruling Institutional States and Mexico will further cement that re- ship was instrumental in the passage of the Revolutionary Party. Mr. Fox's election com- lationship with closer work on a host of eco- Organization for Economic Cooperation and pletes Mexico's transition to a total multi-party nomic and law-enforcement policies. Presi- Development (OECD) Convention on Combat- democratic system. dent-elect Fox and the people of Mexico have ting Bribery of Foreign Public Officials in After a long period of questionable elec- a great deal to work through in the next year. International Business Transactions. tions, estimates say that two-thirds of all eligi- I have invited President-elect Fox to the (5) The Vice President, at the Global Forum on Fighting Corruption in 1999, de- ble voters participated in what domestic and United States to meet with me and other His- international election observers have declared clared corruption to be a direct threat to the panic Members of Congress to talk about rule of law and the Secretary of State de- to be the fairest and most transparent national issues that affect both our countries, but I clared corruption to be a matter of profound election in Mexico's history. As the world's know he has a great deal to do first. Mean- political and social consequence for our ef- leading democratic system of government, the while, the House of Representatives today of- forts to strengthen democratic governments. United States of America should not fail to fers our congratulations to Mexico and Presi- (6) The Secretary of State, at the Inter- recognize the magnitude of these July 2nd dent-elect Fox. Adelante. * * * * American Development Bank’s annual meet- elections. Mr. FALEOMAVAEGA. Mr. Speaker, ing in March 2000, declared that despite cer- Mr. Speaker, because of the important I yield back the balance of my time. tain economic achievements, democracy is democratic principles that these recent elec- Mr. GALLEGLY. Mr. Speaker, I yield being threatened as citizens grow weary of the corruption and favoritism of their offi- tions represent, principles that serve as the back the balance of my time. foundation for the American government, I cial institutions and that efforts must be The SPEAKER pro tempore (Mr. made to improve governance if respect for urge all of my colleagues to support the pas- TANCREDO). The question is on the mo- democratic institutions is to be regained. sage of House Resolution 544, congratulating tion offered by the gentleman from (7) In May 1996 the Organization of Amer- the people of the United Mexican States on California (Mr. GALLEGLY) that the ican States (OAS) adopted the Inter-Amer- their success. House suspend the rules and agree to ican Convention Against Corruption requir- Mr. ORTIZ. Mr. Speaker, I rise in support of the resolution, H. Res. 544. ing countries to provide various forms of House Resolution 544 commending the peo- The question was taken; and (two- international cooperation and assistance to ple of Mexico on their recent elections and thirds having voted in favor thereof) facilitate the prevention, investigation, and prosecution of acts of corruption. congratulating President-elect Vincente Fox on the rules were suspended and the reso- winning a historical election as president of (8) Independent media, committed to fight- lution was agreed to. ing corruption and trained in investigative Mexico, an important economic ally of the A motion to reconsider was laid on journalism techniques, can both educate the United States. the table. public on the costs of corruption and act as It has been noted that, in a democracy, f a deterrent against corrupt officials. more important than the first election, is the (9) Competent and independent judiciary, first transition of power from one party to an- INTERNATIONAL ANTI-CORRUP- founded on a merit-based selection process other. It is on this point that the people of TION AND GOOD GOVERNANCE and trained to enforce contracts and protect Mexico proudly take their place alongside the ACT OF 2000 property rights, is critical for creating a pre- world's great democracies. dictable and consistent environment for Mr. GALLEGLY. Mr. Speaker, I Everyone deserves great credit for this elec- transparency in legal procedures. move to suspend the rules and pass the tion. As it should be in a democracy, it is the (10) Independent and accountable legisla- bill (H.R. 4697) to amend the Foreign tures, responsive political parties, and trans- people of Mexico who deserve the greatest Assistance Act of 1961 to ensure that parent electoral processes, in conjunction credit. They voted in large numbers, unafraid United States assistance programs pro- with professional, accountable, and trans- of what change might mean to them and their mote good governance by assisting parent financial management and procure- country. other countries to combat corruption ment policies and procedures, are essential When it was apparent that a candidate who to the promotion of good governance and to throughout society and to promote was not part of the traditional power structure the combat of corruption. transparency and increased account- had won the election, Mexicans across the (11) Transparent business frameworks, in- ability for all levels of government and country celebrated; and Mexicans who sup- cluding modern commercial codes and intel- throughout the private sector, as ported the incumbent party did not riot nor try lectual property rights, are vital to enhanc- amended. ing economic growth and decreasing corrup- to undo the vast change wrought by the The Clerk read as follows: tion at all levels of society. democratic election. While their revolution was H.R. 4697 (12) The United States should attempt to fought from 1910±1920, their long-term de- improve accountability in foreign countries, mocracy was sealed in the first election of the Be it enacted by the Senate and House of Rep- including by— 21st Century. resentatives of the United States of America in (A) promoting transparency and account- President-elect Vincente Fox deserves great Congress assembled, ability through support for independent credit for running a great campaign, a long SECTION 1. SHORT TITLE. media, promoting financial disclosure by and steady campaign. He built a coalition This Act may be cited as the ‘‘Inter- public officials, political parties, and can- national Anti-Corruption and Good Govern- composed of people representing various phi- didates for public office, open budgeting ance Act of 2000’’. processes, adequate and effective internal losophies to include as many points of view as SEC. 2. FINDINGS AND PURPOSE. control systems, suitable financial manage- possible in his campaign. (a) FINDINGS.—The Congress finds the fol- ment systems, and financial and compliance Finally, Ernesto Zedillo, Mexico's sitting lowing: reporting; president, deserves great credit for accepting (1) Widespread corruption endangers the (B) supporting the establishment of audit the country's decision without dissent. It was stability and security of societies, under- offices, inspectors general offices, and anti- due in no small part to Zedillo's steady hand, mines democracy, and jeopardizes the social, corruption agencies;

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00172 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.148 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6951 (C) promoting responsive, transparent, and lishing programs in countries that received a prove transparency and accountability, and accountable legislatures that ensure legisla- significant amount of United States foreign promote other forms of good governance es- tive oversight and whistle-blower protection; assistance for the prior fiscal year, or in tablished under other provisions of law for (D) promoting judicial reforms that crim- which the United States has a significant the prior year in such countries. inalize corruption and promoting law en- economic interest, and that continue to have ‘‘(2) REQUIRED CONTENTS.—The report re- forcement that prosecutes corruption; the most persistent problems with public and quired by paragraph (1) shall contain the fol- (E) fostering business practices that pro- private corruption. In determining which lowing information with respect to each mote transparent, ethical, and competitive countries have the most persistent problems country described in paragraph (1): behavior in the private sector through the with public and private corruption under the ‘‘(A) A description of all United States development of an effective legal framework preceding sentence, the President shall take Government-funded programs and initiatives for commerce, including anti-bribery laws, into account criteria such as the Trans- to combat corruption and improve trans- commercial codes that incorporate inter- parency International Annual Corruption parency and accountability in the country. national standards for business practices, Perceptions Index, standards and codes set ‘‘(B) A description of United States diplo- and protection of intellectual property forth by the International Bank for Recon- matic efforts to combat corruption and im- rights; and struction and Development and the Inter- prove transparency and accountability in the (F) promoting free and fair national, state, national Monetary Fund, and other relevant country. and local elections. criteria. ‘‘(C) An analysis of major actions taken by (b) PURPOSE.—The purpose of this Act is to ‘‘(4) REQUIREMENT.—Assistance provided the government of the country to combat ensure that United States assistance pro- for countries under programs established corruption and improve transparency and ac- grams promote good governance by assisting pursuant to paragraph (1) may be made countability in the country. other countries to combat corruption available notwithstanding any other provi- ‘‘(e) FUNDING.—Amounts made available to throughout society and to improve trans- sion of law that restricts assistance to for- carry out the other provisions of this part parency and accountability at all levels of eign countries. (including chapter 4 of part II of this Act) government and throughout the private sec- ‘‘(b) SPECIFIC PROJECTS AND ACTIVITIES.— and the Support for East European Democ- tor. The programs established pursuant to sub- racy (SEED) Act of 1989 shall be made avail- SEC. 3. DEVELOPMENT ASSISTANCE POLICIES. section (a) shall include, to the extent appro- able to carry out this section.’’. priate, projects and activities that— (a) GENERAL POLICY.—Section 101(a) of the (b) DEADLINE FOR INITIAL REPORT.—The ini- ‘‘(1) support responsible independent media Foreign Assistance Act of 1961 (22 U.S.C. tial annual report required by section to promote oversight of public and private 2151(a)) is amended in the fifth sentence— 131(d)(1) of the Foreign Assistance Act of institutions; (1) by striking ‘‘four’’ and inserting ‘‘five’’; 1961, as added by subsection (a), shall be ‘‘(2) implement financial disclosure among (2) in paragraph (3), by striking ‘‘and’’ at transmitted not later than 180 days after the public officials, political parties, and can- the end; date of the enactment of this Act. didates for public office, open budgeting (3) in paragraph (4), by striking the period processes, and transparent financial manage- The SPEAKER pro tempore. Pursu- at the end and inserting ‘‘; and’’; and ment systems; ant to the rule, the gentleman from (4) by adding at the end the following: ‘‘(3) establish audit offices, inspectors gen- California (Mr. GALLEGLY) and the gen- ‘‘(5) the promotion of good governance eral, and anti-corruption agencies; tleman from Connecticut (Mr. through combating corruption and improv- ‘‘(4) promote responsive, transparent, and ing transparency and accountability.’’ . GEJDENSON) each will control 20 min- accountable legislatures that ensure legisla- (b) DEVELOPMENT ASSISTANCE POLICY.— utes. Paragraph (4) of the third sentence of section tive oversight and whistle-blower protection; The Chair recognizes the gentleman ‘‘(5) promote legal and judicial reforms 102(b) of the Foreign Assistance Act of 1961 from California (Mr. GALLEGLY). (22 U.S.C. 2151–1(b)) is amended— that criminalize corruption and law enforce- ment reforms and development that encour- GENERAL LEAVE (1) in subparagraph (E), by striking ‘‘and’’ Mr. GALLEGLY. Mr. Speaker, I ask at the end; age prosecutions of criminal corruption; (2) in subparagraph (F), by striking the pe- ‘‘(6) assist in the development of a legal unanimous consent that all Members riod at the end and inserting ‘‘; and’’; and framework for commercial transactions that may have 5 legislative days within (3) by adding at the end the following: fosters business practices that promote which to revise and extend their re- ‘‘(G) progress in combating corruption and transparent, ethical, and competitive behav- marks and include extraneous material improving transparency and accountability ior in the economic sector, such as commer- on H.R. 4697, as amended. in the public and private sector.’’. cial codes that incorporate international standards and protection of intellectual The SPEAKER pro tempore. Is there SEC. 4. DEPARTMENT OF THE TREASURY TECH- property rights; objection to the request of the gen- NICAL ASSISTANCE PROGRAM FOR tleman from California? DEVELOPING COUNTRIES. ‘‘(7) promote free and fair national, state, Section 129(b) of the Foreign Assistance and local elections; There was no objection. Act of 1961 (22 U.S.C. 2151aa(b)) is amended ‘‘(8) foster public participation in the legis- Mr. GALLEGLY. Mr. Speaker, I yield by adding at the end the following: lative process and public access to govern- myself such time as may consume. ment information; and ‘‘(3) EMPHASIS ON ANTI-CORRUPTION.—Such Mr. Speaker, I rise in support of H.R. technical assistance shall include elements ‘‘(9) engage civil society in the fight 4697, a bill introduced by the gen- designed to combat anti-competitive, uneth- against corruption. ‘‘(c) CONDUCT OF PROJECTS AND ACTIVI- tleman from Connecticut (Mr. ical and corrupt activities, including protec- TIES.—Projects and activities under the pro- GEJDENSON), the ranking member of tion against actions that may distort or in- grams established pursuant to subsection (a) the Committee on International Rela- hibit transparency in market mechanisms may include, among other things, training tions. and, to the extent applicable, privatization and technical assistance (including drafting This bill amends the Foreign Assist- procedures.’’. of anti-corruption, privatization, and com- SEC. 5. AUTHORIZATION OF GOOD GOVERNANCE ance Act of 1961, to authorize the Presi- petitive statutory and administrative codes), dent to establish programs that com- PROGRAMS. drafting of anti-corruption, privatization, (a) IN GENERAL.—Chapter 1 of part I of the and competitive statutory and administra- bat corruption in developing countries Foreign Assistance Act of 1961 (22 U.S.C. 2151 tive codes, support for independent media by promoting principles of good gov- et seq.) is amended by adding at the end the and publications, financing of the program ernance designed to enhance oversight following: and operating costs of nongovernmental or- of private and public programs. ‘‘SEC. 131. PROGRAMS TO ENCOURAGE GOOD ganizations that carry out such projects or Mr. Speaker, this bill will strengthen GOVERNANCE. activities, and assistance for travel of indi- our foreign assistance program and ‘‘(a) ESTABLISHMENT OF PROGRAMS.— viduals to the United States and other coun- represent a sound investment for the ‘‘(1) IN GENERAL.—The President is author- tries for such projects and activities. ized to establish programs that combat cor- ‘‘(d) ANNUAL REPORT.— future of good governance of devel- ruption, improve transparency and account- ‘‘(1) IN GENERAL.—The President shall pre- oping societies. ability, and promote other forms of good pare and transmit to the Committee on I urge my colleagues to vote for its governance in countries described in para- International Relations of the House of Rep- adoption. graph (2). resentatives and the Committee on Foreign Mr. Speaker, I reserve the balance of ‘‘(2) COUNTRIES DESCRIBED.—A country de- Relations of the Senate an annual report my time. scribed in this paragraph is a country that is on— Mr. GEJDENSON. Mr. Speaker, I eligible to receive assistance under this part ‘‘(A) projects and activities carried out yield myself such time as I may con- (including chapter 4 of part II of this Act) or under programs established under subsection the Support for East European Democracy (a) for the prior year in priority countries sume. (SEED) Act of 1989. identified pursuant to subsection (a)(3); and Mr. Speaker, I thank the gentleman ‘‘(3) PRIORITY.—In carrying out paragraph ‘‘(B) projects and activities carried out from California (Mr. GALLEGLY) for his (1), the President shall give priority to estab- under programs to combat corruption, im- kind words and just join him first in

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00173 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.150 pfrm02 PsN: H25PT1 H6952 CONGRESSIONAL RECORD — HOUSE July 25, 2000 thanking him for his efforts and others perseverance succeeded in getting countries mines economic development, squan- on the committee. I would also like to which once offered tax write-offs for bribes to dering billions of dollars of investment thank particularly on my staff, Nisha pass laws that criminalized bribery. capital on enrichment of the few rather Desai, that has done so much work in This bill extends our leadership in fighting than the benefit of the many. Not only this area, obviously the gentleman corruption to the developing countries. The that, it undermines the ability of U.S. from Arizona (Mr. KOLBE), the gentle- International Good Governance and Anti-Cor- business to compete freely and fairly woman from Florida (Ms. ROS- ruption Act of 2000 requires that foreign as- for foreign government contracts, and LEHTINEN) and the gentleman from sistance be used to fight corruption at all lev- that costs U.S. corporations millions of New York (Chairman GILMAN). els of government and in the private sector in dollars in lost sales. When we look at this issue, and it is countries that have persistent problems with This legislation which we are consid- a critical issue in a number of areas, corruption, particularly where the United ering here tonight makes anti-corrup- and I want to just go through them States has a significant economic interest. The tion procedures a key principle of our quickly. One, the estimates are we bill would also require an annual report on development assistance. The legisla- have lost $26 billion to bribery with U.S. efforts in fighting corruption in those tion requires that the Treasury Depart- contracts where American companies countries which have the most persistent prob- ment incorporate anti-corruption were in competition. Unethical busi- lems. My intent in requiring this report is to get measures when providing international ness practices jeopardize fledgling de- from the Administration a comprehensive look technical assistance. The bill also re- mocracies. It destroys the people’s sup- at all U.S. effortsÐdiplomatic as well as quires the Agency for International De- port and trust in their government. It through our foreign aid programÐin those 15± velopment to establish programs to aids criminal transactions. 20 countries where we have a significant eco- battle corruption overseas and includes Vice-President Gore convened a glob- nomic interest or a substantial foreign aid pro- a provision of a bill that I have intro- al conference on fighting corruption. gram AND where there is a persistent problem duced on third-party monitoring to We are now seeing progress. Some of with corruption. This bill makes an important make sure that contracts are given by our allies in the G–7 that at one point contribution to pro-actively preventing crises development banks and U.S. govern- a number of them provided that one that would result from stifled economic growth, ment agencies are fully monitored. could deduct bribes given to other gov- lack of foreign investment, and erosion of the This legislation will help to ensure ernment officials are finally moving to public's trust in government. I urge my col- that U.S. funds are going for the pur- end this practice. leagues to support H.R. 4697. pose for which they are intended. It For our part, AID and the adminis- Mr. Speaker, I reserve the balance of will also help to build a more open and tration and Congress have tried to root my time. transparent government procurement out corruption and bribery. It makes a Mr. GALLEGLY. Mr. Speaker, I yield system in developing countries and big difference especially in the poorest 3 minutes to the gentleman from Ari- help to eliminate corruption around countries as they try to establish good zona (Mr. KOLBE). the world. governance and governments that pro- Mr. KOLBE. Mr. Speaker, I thank the It is, simply speaking, a much-needed vide the services that their constitu- gentleman from California for yielding common sense approach to a very seri- ents dearly need. me this time. I again want to thank ous problem. I urge support for this bill American leadership has led to a be- him for his leadership on this and cer- and congratulate the authors of it for ginning to end these corrupt practices. tainly the gentleman from Connecticut bringing it to this body. This legislation will help focus our for- (Mr. GEJDENSON) for introducing this Mr. GEJDENSON. Mr. Speaker, I eign assistance and other government very important legislation, which I yield myself such time as I may con- activities to try to work with govern- think is really very much underesti- sume to thank the gentleman from Ari- ments to develop a procedure to root mated in terms of its importance. zona (Mr. KOLBE) for his efforts here. out corruption and bribery. For decades, the United States has Really, his language has strengthened I urge support of the bill. carried the standard in promoting de- the whole process. It is an important Over the past five years, U.S. firms over- mocracy, market liberalization, eco- step forward. It provides for an annual seas lost nearly $26 billion in business oppor- nomic development abroad. report so we can focus on those coun- tunities to foreign competitors offering bribes. b 2310 tries that have the greatest problems, Unethical business practices continue to jeop- and I really publicly want to thank the ardize our ability to compete effectively in the To further those goals, we have spent literally billions of dollars in devel- gentleman for his work on this bill, as international market. well as the chairman and other mem- Bribery and other forms of corruption im- oping countries in our aid programs. bers of the committee. pede governments in their efforts to deliver And those aid programs have made sub- Mr. Speaker, I have no further re- basic services to their citizens; they undermine stantial progress. Underdeveloped na- quests for time, and I yield back the the confidence of people in democracy; and tions have seen their economies bloom balance of my time. they are all too often linked with transborder over the last few decades. We have seen criminal activity, including drug trafficking, or- democracy take root in some of the Mr. GALLEGLY. Mr. Speaker, I yield ganized crime, and money laundering. rockiest soil on this globe. Thanks to myself such time as I may consume to In 1999, the Vice President convened a the creation of the World Trade Orga- again acknowledge the leadership of Global Conference on Fighting Corruption nization a few years ago, the vast ma- the gentleman from Arizona (Mr. where he declared corruption to be a direct jority of international trade is now KOLBE), and particularly thank the threat to the rule of law and a matter of pro- governed by clear and transparent gentleman from Connecticut (Mr. found political and social consequence for our rules. GEJDENSON) on his leadership on this efforts to strengthen democratic governments. But, as the Asian financial crisis and important legislation. It is inarguably in the U.S. national interest to the theft of billions of dollars of IMF Mr. Speaker, I have no further re- fight corruption and promote transparency and money in Russia shows, we still have a quests for time, and I yield back the good governance. My bill will make anti-cor- long way to go. Too many places in the balance of my time. ruption measures a key principle of our For- world continue to be held in the grip of The SPEAKER pro tempore (Mr. eign AID program. corruption and cronyism. The obvious TANCREDO). The question is on the mo- By helping these countries root out corrup- impact of these two evils are the loss of tion offered by the gentleman from tion, bribery and unethical business practices, untold billions of dollars for people California (Mr. GALLEGLY) that the we can also help create a level playing field who desperately need the economic House suspend the rules and pass the for U.S. companies doing business abroad. benefits those lost dollars might bring bill, H.R. 4697, as amended. Then Congress passed the Foreign Corrupt to them. But the corrosive effects of The question was taken; and (two- Practices Act in 1977, the United States be- corruption and cronyism are worse. thirds having voted in favor thereof) came the first industrialized country to crim- They are often hidden and ignored. the rules were suspended and the bill, inalize corruption. It took us nearly two dec- Government corruption undermines as amended, was passed. ades to get all the other industrialized nations the rule of law, and that is the very A motion to reconsider was laid on to do the same. But American leadership and cornerstone of democracy. It under- the table.

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00174 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.272 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6953 AUTHORIZING BUREAU OF REC- endangered fish stocks; and the removal, future loan contracts that may be entered into LAMATION TO PROVIDE COST translocation, or other control of nonnative by the Colorado Water Conservation Board, the SHARING FOR ENDANGERED fishes. Western Area Power Administration, and the (10) The term ‘‘depletion charge’’ means a Bureau of Reclamation shall be negotiated in FISH RECOVERY IMPLEMENTA- one-time contribution in dollars per acre-foot to consultation with Salt Lake City Area Inte- TION PROGRAMS FOR UPPER be paid to the United States Fish and Wildlife grated Projects Firm Power Contractors. The COLORADO AND SAN JUAN Service based on the average annual new deple- agreement and loan contracts shall include pro- RIVER BASINS tion by each project. visions designed to minimize impacts on elec- Mr. HANSEN. Mr. Speaker, I move to SEC. 3. AUTHORIZATION TO FUND RECOVERY trical power rates and shall ensure that loan re- PROGRAMS. payment to the Colorado Water Conservation suspend the rules and pass the bill (a) AUTHORIZATION OF APPROPRIATIONS FOR Board, including principal and interest, is com- (H.R. 2348) to authorize the Bureau of FEDERAL PARTICIPATION IN CAPITAL pleted no later than September 30, 2057. The Reclamation to provide cost sharing PROJECTS.—(1) There is hereby authorized to be Western Area Power Administration is author- for the endangered fish recovery imple- appropriated to the Secretary, $46,000,000 to un- ized to include in power rates such sums as are mentation programs for the Upper Col- dertake capital projects to carry out the pur- necessary to carry out this paragraph and para- orado and San Juan River Basins, as poses of this Act. Such funds shall be considered graph (2). amended. a nonreimbursable Federal expenditure. (4) All contributions made pursuant to this subsection shall be in addition to the cost of re- The Clerk read as follows: (2) The authority of the Secretary, acting through the Bureau of Reclamation, under this placement power purchased due to modifying H.R. 2348 or any other provision of law to implement cap- the operation of the Colorado River Storage Be it enacted by the Senate and House of Rep- ital projects for the Recovery Implementation Project and the capital cost of water from resentatives of the United States of America in Program for Endangered Fish Species in the Wolford Mountain Reservoir in Colorado. Such Congress assembled, Upper Colorado River Basin shall expire in fis- costs shall be considered as non-Federal con- SECTION 1. PURPOSE. cal year 2005 unless reauthorized by an Act of tributions, not to exceed $20,000,000. (d) BASE FUNDING.—(1) Beginning in the first The purpose of this Act is to authorize and Congress. fiscal year commencing after the date of enact- provide funding for the Bureau of Reclamation (3) The authority of the Secretary to imple- ment of this Act, the Secretary may utilize to continue the implementation of the endan- ment the capital projects for the San Juan River power revenues collected pursuant to the Colo- gered fish recovery implementation programs for Basin Recovery Implementation Program shall rado River Storage Project Act for the annual the Upper Colorado and San Juan River Basins expire in fiscal year 2007 unless reauthorized by base funding contributions to the Recovery Im- in order to accomplish the objectives of these an Act of Congress. plementation Programs by the Bureau of Rec- programs within a currently established time (b) COST OF CAPITAL PROJECTS.—The total lamation. Such funding shall be treated as non- schedule. costs of the capital projects undertaken for the Recovery Implementation Programs receiving as- reimbursable and as having been repaid and re- SEC. 2. DEFINITIONS. sistance under this Act shall not exceed turned to the general fund of the Treasury as As used in this Act: $100,000,000 of which— costs assigned to power for repayment under (1) The term ‘‘Recovery Implementation Pro- (1) costs shall not exceed $82,000,000 for the section 5 of the Colorado River Storage Project grams’’ means the intergovernmental programs Recovery Implementation Program for Endan- Act. established pursuant to the 1988 Cooperative gered Fish Species in the Upper Colorado River (2) For the Recovery Implementation Program Agreement to implement the Recovery Implemen- Basin through fiscal year 2005; and for the Endangered Fish Species in the Upper tation Program for the Endangered Fish Species (2) costs shall not exceed $18,000,000 for the Colorado River Basin, the contributions to base in the Upper Colorado River dated September 29, San Juan River Recovery Implementation Pro- funding referred to in paragraph (1) shall not 1987, and the 1992 Cooperative Agreement to im- gram through fiscal year 2007. exceed $4,000,000 per year. For the San Juan plement the San Juan River Recovery Implemen- The amounts set forth in this subsection shall be River Recovery Implementation Program, such tation Program dated October 21, 1992, and as adjusted by the Secretary for inflation in each contributions shall not exceed $2,000,000 per they may be amended by the parties thereto. fiscal year beginning after the enactment of this year. The Secretary shall adjust such amounts (2) The term ‘‘Secretary’’ means the Secretary Act. for inflation in fiscal years commencing after of the Interior. (c) NON-FEDERAL CONTRIBUTIONS TO CAPITAL the enactment of this Act. The utilization of (3) The term ‘‘Upper Division States’’ means PROJECTS.—(1) The Secretary, acting through power revenues for annual base funding shall the States of Colorado, New Mexico, Utah, and the Bureau of Reclamation, may accept contrib- cease after the fiscal year 2011, unless reauthor- Wyoming. uted funds from the Upper Division States, or ized by Congress; except that power revenues (4) The term ‘‘Colorado River Storage Project’’ political subdivisions or organizations with the may continue to be utilized to fund the oper- or ‘‘storage project’’ means those dams, res- Upper Division States, pursuant to agreements ation and maintenance of capital projects and ervoirs, power plants, and other appurtenant that provide for the contributions to be used for monitoring. No later than the end of fiscal year project facilities and features authorized by and capital projects costs. Such non-Federal con- 2008, the Secretary shall submit a report on the constructed in accordance with the Colorado tributions shall not exceed $17,000,000. utilization of power revenues for base funding River Storage Project Act (43 U.S.C. 620 et seq.). (2) In addition to the contribution described in to the appropriate Committees of the United (5) The term ‘‘capital projects’’ means plan- paragraph (1), the Secretary of Energy, acting States Senate and the House of Representatives. ning, design, permitting or other compliance, through the Western Area Power Administra- The Secretary shall also make a recommenda- pre-construction activities, construction, con- tion, and the Secretary of the Interior, acting tion in such report regarding the need for con- struction management, and replacement of fa- through the Bureau of Reclamation, may utilize tinued base funding after fiscal year 2011 that cilities, and the acquisition of interests in land power revenues collected pursuant to the Colo- may be required to fulfill the goals of the Recov- or water, as necessary to carry out the Recovery rado River Storage Project Act to carry out the ery Implementation Programs. Nothing in this Implementation Programs. purposes of this subsection. Such funds shall be Act shall otherwise modify or amend existing (6) The term ‘‘facilities’’ includes facilities for treated as reimbursable costs assigned to power agreements among participants regarding base the genetic conservation or propagation of the for repayment under section 5 of the Colorado funding and depletion charges for the Recovery endangered fishes, those for the restoration of River Storage Project Act. This additional con- Implementation Programs. floodplain habitat or fish passage, those for con- tribution shall not exceed $17,000,000. Such (3) The Western Area Power Administration trol or supply of instream flows, and those for funds shall be considered a non-Federal con- and the Bureau of Reclamation shall maintain the removal or translocation of nonnative fishes. tribution for the purposes of this Act. The fund- sufficient revenues in the Colorado River Basin (7) The term ‘‘interests in land and water’’ in- ing authorized by this paragraph over any 2-fis- Fund to meet their obligation to provide base cludes, but is not limited to, long-term leases cal-year period shall be made available in funding in accordance with paragraph (2). If and easements, and long-term enforcement, or amounts equal to the contributions for the same the Western Area Power Administration and the other agreements protecting instream flows. two fiscal year period made by the Upper Divi- Bureau of Reclamation determine that the funds (8) The term ‘‘base funding’’ means funding sion States pursuant to paragraph (1). in the Colorado River Basin Fund will not be for operation and maintenance of capital (3) The additional funding provided pursuant sufficient to meet the obligations of section projects, implementation of recovery actions to paragraph (2) may be provided through loans 5(c)(1) of the Colorado River Storage Project Act other than capital projects, monitoring and re- from the Colorado Water Conservation Board for a 3-year period, the Western Area Power Ad- search to evaluate the need for or effectiveness Construction Fund (37–60–121 C.R.S.) to the ministration and the Bureau of Reclamation of any recovery action, and program manage- Western Area Power Administration in lieu of shall request appropriations to meet base fund- ment, as necessary to carry out the Recovery funds which would otherwise be collected from ing obligations. Implementation Programs. Base funding also in- power revenues and used for storage project re- (e) AUTHORITY TO RETAIN APPROPRIATED cludes annual funding provided under the terms payments. The Western Area Power Administra- FUNDS.—At the end of each fiscal year any un- of the 1988 Cooperative Agreement and the 1992 tion is authorized to repay such loan or loans expended appropriated funds for capital projects Cooperative Agreement. from power revenues collected beginning in fis- under this Act shall be retained for use in future (9) The term ‘‘recovery actions other than cal year 2012, subject to an agreement between fiscal years. Unexpended funds under this Act capital projects’’ includes short-term leases and the Colorado Water Conservation Board, the that are carried over shall continue to be used agreements for interests in land, water, and fa- Western Area Power Administration, and the to implement the capital projects needed for the cilities; the reintroduction or augmentation of Bureau of Reclamation. The agreement and any Recovery Implementation Programs.

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00175 Fmt 4634 Sfmt 6333 E:\CR\FM\K25JY7.275 pfrm02 PsN: H25PT1 H6954 CONGRESSIONAL RECORD — HOUSE July 25, 2000 (f) ADDITIONAL AUTHORITY.—The Secretary propriators and the Department of the Interior Upper Basin states. H.R. 2348 provides Con- may enter into agreements and contracts with for adequate funding. While the U.S. Fish and gress and the Upper Basin stakeholders with Federal and non-Federal entities, acquire and Wildlife Service has clear authority to under- finite limits on the construction costs antici- transfer interests in land, water, and facilities, and accept or give grants in order to carry out take capital projects under the federal Endan- pated by these recovery programs. H.R. 2348 the purposes of this Act. gered Species Act, no such clear authority ex- authorizes the use of significant non-federal (g) INDIAN TRUST ASSETS.—The Congress finds ists for the U.S. Bureau of Reclamation, the funding contributions. that much of the potential water development in Bureau of Indian Affairs, or the Bureau of Since 1988, the recovery programs have the San Juan River Basin and in the Duchesne Land Management. been relied primarily on the good will of con- River Basin (a subbasin of the Green River in With capital construction projects finally un- gressional appropriators and the Department the Upper Colorado River Basin) is for the ben- derway and the amount of funding required in- of the Interior for adequate funding. With the efit of Indian tribes and most of the federally creasing, program participants need to have passage of H.R. 2348, funding authorities for designated critical habitat for the endangered the recovery programs will be crystal clear. fish species in the San Juan River Basin is on clear statutory authority to help ensure that 1 needed funds continue to be appropriated by This is one of the most successful and Indian trust lands, and 2 ⁄2 miles of critical habitat on the Duchesne River is on Indian Congress. H.R. 2348 would do this by author- broadly supported interagency cooperative Trust Land. Nothing in this Act shall be con- izing the appropriation of $46 million to the programs in the history of fish management in strued to restrict the Secretary, acting through Bureau of Reclamation and the Bureau of In- this country. We seldom have an opportunity the Bureau of Reclamation and the Bureau of dian Affairs for capital projects under the to pass legislation that enjoys such broad sup- Indian Affairs, from funding activities or cap- Upper Colorado Endangered Fish Recovery port. Years of cooperative work which brought ital projects in accordance with the Federal Program and the San Juan Recovery Imple- this legislation before the committee, and I Government’s Indian trust responsibility. commend the many people both inside and (h) TERMINATION OF AUTHORITY.—All au- mentation Program. The Bureau of Reclama- thorities provided by this section for the respec- tion has been funding most of the capital cost outside government who have contributed to tive Recovery Implementation Program shall ter- to the projects to implement the Upper Colo- this program and the passage of this legisla- minate upon expiration of the current time pe- rado River program, like building fish ladders tion. riod for the respective Cooperative Agreement and acquiring flooded bottom lands where the I strongly urge my colleagues to support referenced in section 2(1) unless, at least one fish thrive. Due to the heavy impact on Indian H.R. 2348. year prior to such expiration, the time period for water development and Indian trust lands, the Mr. Speaker, I have no further re- the respective Cooperative Agreement is ex- Bureau of Indian Affairs has shared the fund- quests for time, and I yield back the tended to conform with this Act. ing of the recovery efforts in the San Juan balance of my time. SEC. 4. EFFECT ON RECLAMATION LAW. River Basin and would likely have responsi- Mr. HANSEN. Mr. Speaker, I have no No provision of this Act nor any action taken further requests for time, and I yield pursuant thereto or in furtherance thereof shall bility for much of the construction of capital projects in the future. back the balance of my time. constitute a new or supplemental benefit under The SPEAKER pro tempore. The the Act of June 17, 1902 (chapter 1093; 32 Stat. By enacting this bill, non-federal participants question is on the motion offered by 388), and Acts supplemental thereto and amend- like the states and those who purchase power the gentleman from Utah (Mr. HANSEN) atory thereof (43 U.S.C. 371 et seq.). from federal hydroelectric projects, will also that the House suspend the rules and The SPEAKER pro tempore. Pursu- help pay for capital projects. This cost sharing pass the bill, H.R. 2348, as amended. ant to the rule, the gentleman from will be in cash, the value of water dedicated The question was taken; and (two- Utah (Mr. HANSEN) and the gentleman from a reservoir in Colorado, and the costs as- thirds having voted in favor thereof) from California (Mr. GEORGE MILLER) sociated with reoperating the Flaming Gorge the rules were suspended and the bill, each will control 20 minutes. Dam. The cost sharing ratio amongst the non- The Chair recognizes the gentleman as amended, was passed. federal participants shall be a true partnership, A motion to reconsider was laid on from Utah (Mr. HANSEN). with the states and those who purchase power the table. Mr. HANSEN. Mr. Speaker, I yield from federal hydroelectric projects equally di- f myself such time as I may consume. viding their cost. (Mr. HANSEN asked and was given Mr. Speaker, in conclusion I would like to SHIVWITS BAND OF THE PAIUTE permission to revise and extend his re- thank Resources Chairman DON YOUNG and INDIAN TRIBE OF UTAH WATER marks.) Ranking Member, GEORGE MILLER, for their RIGHTS SETTLEMENT ACT Mr. HANSEN. Mr. Speaker, I rise in leadership, and I urge my colleagues to sup- Mr. HANSEN. Mr. Speaker, I move to strong support of H.R. 2348. port this bill. suspend the rules and pass the bill Mr. Speaker, for the last decade, I and Mr. GEORGE MILLER of California. (H.R. 3291) to provide for the settle- many of my colleagues have been wrestling Mr. Speaker, I yield myself such time ment of the water rights claims of the with how to address the problems we are fac- as I may consume. Shivwits Band of the Paiute Indian ing with the implementation of the Endangered (Mr. GEORGE MILLER of California Tribe of Utah, and for other purposes, Species Act and the Colorado River. I person- asked and was given permission to re- as amended. ally believe that the current interpretation of vise and extend his remarks.) The Clerk read as follows: the Endangered Species Act has strayed from Mr. GEORGE MILLER of California, H.R. 3291 it's original intent. There is little doubt in my Mr. Speaker, I rise in strong support of Be it enacted by the Senate and House of Rep- mind that the authors of the bill never envi- H.R. 2348. resentatives of the United States of America in sioned the taking of a person's property rights This legislation authorizes funding for the Congress assembled, because of a fly, fish, or misplaced tortoise. I Bureau of Reclamation to continue the endan- SECTION 1. SHORT TITLE. can remember when I was a young man, the gered fish recovery implementation programs This Act may be cited as the ‘‘Shivwits same fish we are trying to save, we were un- for the Upper Colorado and San Juan River Band of the Paiute Indian Tribe of Utah able to get rid of. However, I also believe that Basins on a cost-shared basis with non-fed- Water Rights Settlement Act’’. if we are ever to move forward on this very eral participants. SEC. 2. FINDINGS. emotional issue, we must be willing to find the Through these recovery programs, govern- Congress finds the following: things we agree on and reach a compromise. ment agencies, Indian tribes and private orga- (1) It is the official policy of the United States, in keeping with its trust responsi- This bill is a product of just that sort of com- nizations are working to achieve recovery of bility to Indian tribes, to promote Indian promise. It does not amend the federal Endan- endangered fish while balancing the con- self-determination and economic self-suffi- gered Species Act, nor does it tear down any tinuing demands for water in the arid West. ciency, and to settle the water rights claims dams, it is a compromise that allows the water The participants are equal partners in the re- of Indian tribes to avoid lengthy and costly to flow and the fish to swim free. covery programs and decisions are made by litigation. In the past, request for funding the recovery consensus. The recovery programs work with- (2) Any meaningful policy of Indian self-de- programs have received support from Con- in state laws and support water development termination and economic self-sufficiency gress because they served as a dispute reso- under interstate water compacts. requires the development of viable Indian reservation economies. lution mechanism and provided a means to The recovery programs are succeeding be- (3) The quantification of water rights and solve a very complex set of problems in the cause all participants in the programs recog- the development of water use facilities is es- Upper Colorado River and San Juan River Ba- nize that failure to recover the endangered sential to the development of viable Indian sins. Since 1998, these programs have relied species could result in limitations on current reservation economies, particularly in the primarily on the good will of Congressional ap- and future water diversions and use in the arid Western States.

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00176 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.154 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6955

(4) The Act of March 3, 1891, provided for annually in settlement of its existing State (9) SANTA CLARA PROJECT AGREEMENT.—The the temporary support of the Shebit (or law claims and Federal reserved water right term ‘‘Santa Clara Project Agreement’’ Shivwits) tribe of Indians in Washington claims. means the agreement among the United County, Utah, and appropriated moneys for (11) To advance the goals of Federal Indian States for the benefit of the Shivwits Band, the purchase of improvements on lands along policy and consistent with the trust respon- Utah, the Shivwits Band, the Washington the Santa Clara River for the use of said In- sibility of the United States to the Shivwits County Water Conservancy District, St. dians. Approximately 26,880 acres in the Band, it is appropriate that the United George City, the New Santa Clara Field same area were set aside as a reservation for States participate in the implementation of Canal Company, the St. George Clara Field the Shivwits Band by Executive order dated the St. George Water Reuse Project Agree- Canal Company, the Ivins Irrigation Com- April 21, 1916. Additional lands were added to ment, the Santa Clara Project Agreement, pany, the Southgate Irrigation Company, the reservation by Congress on May 28, 1937. and the Settlement Agreement in accord- Bloomington Irrigation Company, Ed Bowl- (5) The waters of the Santa Clara River are ance with this Act. er, and the Lower Gunlock Reservoir Com- fully appropriated except during high flow SEC. 3. PURPOSES. pany, together with all exhibits thereto, as periods. A water right was awarded to the The purposes of this Act are— the same is approved and executed by the United States for the benefit of the Shivwits (1) to achieve a fair, equitable, and final Secretary of the Interior pursuant to section Band in the 1922 adjudication entitled St. settlement of all claims to water rights in 8 of this Act. George Santa Clara Field Co., et al. v. New- the Santa Clara River for the Shivwits Band, (10) SETTLEMENT AGREEMENT.—The term castle Reclamation Co., et al., for ‘‘1.38 cubic and the United States for the benefit of the ‘‘Settlement Agreement’’ means that agree- feet of water per second for the irrigation of Shivwits Band; ment among the United States for the ben- 83.2 acres of land and for culinary, domestic, (2) to promote the self-determination and efit of the Shivwits Band, Utah, the Shivwits and stock watering purposes’’, but no provi- economic self-sufficiency of the Shivwits Band, the Washington County Water Conser- sion has been made for water resource devel- Band, in part by providing funds to the vancy District, St. George City, the New opment to benefit the Shivwits Band. In gen- Shivwits Band for its use in developing a via- Santa Clara Field Canal Company, the St. eral, the remainder of the Santa Clara Riv- ble reservation economy; George Clara Field Canal Company, the Ivins er’s flow is either diverted on the reservation (3) to approve, ratify, and confirm the St. Irrigation Company, the Southgate Irriga- and delivered through a canal devoted exclu- George Water Reuse Project Agreement, the tion Company, Bloomington Irrigation Com- sively to non-Indian use that traverses the Santa Clara Project Agreement, and the Set- pany, Ed Bowler, and the Lower Gunlock reservation to a reservoir owned by the Ivins tlement Agreement, and the Shivwits Water Reservoir Company, together with all exhib- Irrigation Company; dedicated to decreed Right described therein; its thereto, as the same is approved and exe- and certificated rights of irrigation compa- (4) to authorize the Secretary of the Inte- cuted by the Secretary of the Interior pursu- nies downstream of the reservation; or im- rior to execute the St. George Water Reuse ant to section 8 of this Act. pounded in the Gunlock Reservoir upstream Project Agreement, the Santa Clara Project (11) SHIVWITS WATER RIGHT.—The term of the reservation. The Band’s lack of access Agreement, and the Settlement Agreement, ‘‘Shivwits Water Right’’ means the water to water has frustrated its efforts to achieve and to take such actions as are necessary to rights of the Shivwits Band set forth in the meaningful self-determination and economic implement these agreements in a manner Settlement Agreement and as settled, con- self-sufficiency. firmed, and ratified by section 7 of this Act. (6) On July 21, 1980, the State of Utah, pur- consistent with this Act; and (12) SHIVWITS BAND TRUST FUND.—The term suant to title 73, chapter 4, Utah Code Ann., (5) to authorize the appropriation of funds ‘‘Shivwits Band Trust Fund’’ means the initiated a statutory adjudication of water necessary for implementation of the St. Trust Fund authorized in section 11 of this rights in the Fifth Judicial District Court in George Water Reuse Project Agreement, the Act to further the purposes of the Settle- Washington County, Utah, Civil No. Santa Clara Project Agreement, and the Set- ment Agreement and this Act. 800507596, which encompasses all of the rights tlement Agreement. (13) VIRGIN RIVER RESOURCE MANAGEMENT to the use of water, both surface and under- SEC. 4. DEFINITIONS. AND RECOVERY PROGRAM.—The term ‘‘Virgin ground, within the drainage area of the Vir- In this Act: River Resource Management and Recovery gin River and its tributaries in Utah (‘‘Vir- (1) SECRETARY.—The term ‘‘Secretary’’ Program’’ means the proposed multiagency gin River Adjudication’’), including the means the Secretary of the Interior. Santa Clara River Drainage (‘‘Santa Clara (2) UTAH.—The term ‘‘Utah’’ means the program, to be administered by the United System’’). State of Utah, by and through its Depart- States Fish and Wildlife Service, Bureau of (7) The United States was joined as a party ment of Natural Resources. Land Management, National Park Service, in the Virgin River Adjudication pursuant to (3) SHIVWITS BAND.—The term ‘‘Shivwits Utah, and the District, whose primary pur- section 666 of title 43, United States Code. On Band’’ means the Shivwits Band of the Pai- pose is to prioritize and implement native February 17, 1987, the United States filed a ute Indian Tribe of Utah, a constituent band fish recovery actions that offset impacts due Statement of Water User Claim asserting a of the Paiute Indian Tribe of Utah, a feder- to future water development in the Virgin water right based on State law and a Federal ally recognized Indian tribe organized under River basin. reserved water rights claim for the benefit of section 16 of the Indian Reorganization Act SEC. 5. ST. GEORGE WATER REUSE PROJECT. the Shivwits Band to water from the Santa of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476), (a) ST. GEORGE WATER REUSE PROJECT.— Clara River System. This was the only claim and the Act of April 3, 1980 (94 Stat. 317). The St. George Water Reuse Project shall the United States filed for any Indian tribe (4) PAIUTE INDIAN TRIBE OF UTAH.—The consist of water treatment facilities, a pipe- or band in the Virgin River Adjudication term ‘‘Paiute Indian Tribe of Utah’’ means line, and associated pumping and delivery fa- within the period allowed by Title 73, Chap- the federally recognized Indian Tribe orga- cilities owned and operated by St. George, ter 4, Utah Code Ann., which bars the filing nized under section 16 of the Indian Reorga- which is a component of, and shall divert of claims after the time prescribed therein. nization Act of June 18, 1934 (48 Stat. 987; 25 water from, the Water Reclamation Facility (8) The Virgin River adjudication will take U.S.C. 476), and the Act of April 3, 1980 (94 located in St. George, Utah, and shall trans- many years to conclude, entail great ex- Stat. 317), comprised of five bands of South- port this water for delivery to and use by St. pense, and prolong uncertainty as to the ern Paiute Indians (Shivwits, Indian Peaks, George and the Shivwits Band. St. George shall make 2,000 acre-feet of water available availability of water supplies, and thus, the Cedar, Koosharem, and Kanosh Bands). annually for use by the Shivwits Band in ac- parties have sought to settle their dispute (5) DISTRICT.—The term ‘‘District’’ means cordance with the St. George Water Reuse over water and reduce the burdens of litiga- the Washington County Water Conservancy Project Agreement and this Act. tion. District, a Utah water conservancy district. (b) PROJECT CONSTRUCTION OPERATION AND (9) After lengthy negotiation, which in- (6) ST. GEORGE.—The term ‘‘St. George’’ MAINTENANCE.—(1) St. George shall be re- cluded participation by representatives of means St. George City, a Utah municipal sponsible for the design, engineering, permit- the United States Government for the ben- corporation. ting, construction, operation, maintenance, efit of the Shivwits Band, the State of Utah, (7) VIRGIN RIVER ADJUDICATION.—The term repair, and replacement of the St. George the Shivwits Band, the Washington County ‘‘Virgin River Adjudication’’ means the stat- Water Reuse Project, and the payment of its Water Conservancy District, the city of St. utory adjudication of water rights initiated proportionate share of these project costs as George, and others on the Santa Clara River pursuant to title 73, chapter 4, Utah Code provided for in the St. George Water Reuse System, the parties have entered into agree- Ann. and pending in the Fifth Judicial Dis- Project Agreement. ments to resolve all water rights claims be- trict Court in Washington County, Utah, (2) The Shivwits Band and the United tween and among themselves and to quantify Civil No. 800507596. States for the benefit of the Shivwits Band the water right entitlement of the Shivwits (8) ST. GEORGE WATER REUSE PROJECT shall make available, in accordance with the Band, and to provide for the construction of AGREEMENT.—The term ‘‘St. George Water terms of the St. George Water Reuse Agree- water projects to facilitate the settlement of Reuse Project Agreement’’ means the agree- ment and this Act, a total of $15,000,000 to St. these claims. ment among the United States for the ben- George for the proportionate share of the de- (10) Pursuant to the St. George Water efit of the Shivwits Band, Utah, the Shivwits sign, engineering, permitting, construction, Reuse Project Agreement, the Santa Clara Band, and St. George City, together with all operation, maintenance, repair, and replace- Project Agreement, and the Settlement exhibits thereto, as the same is approved and ment of the St. George Water Reuse Project Agreement, the Shivwits Band will receive executed by the Secretary of the Interior associated with the 2,000 acre-feet annually the right to a total of 4,000 acre-feet of water pursuant to section 8 of this Act. to be provided to the Shivwits Band.

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00177 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.170 pfrm02 PsN: H25PT1 H6956 CONGRESSIONAL RECORD — HOUSE July 25, 2000 SEC. 6. SANTA CLARA PROJECT. (2) For any beneficial use off the Shivwits entity, corporation, or municipal corpora- (a) SANTA CLARA PROJECT.—The Santa Reservation in accordance with the St. tion. Clara Project shall consist of a pressurized George Water Reuse Agreement, the Santa (3) All claims for trespass to lands on the pipeline from the existing Gunlock Reservoir Clara Project Agreement, the Settlement Shivwits Reservation regarding the use of across the Shivwits Reservation to and in- Agreement, and all applicable Federal and Ivins Reservoir that accrued at any time up cluding Ivins Reservoir, along with main lat- State laws. to and including the effective date deter- eral pipelines. The Santa Clara Project shall No service contract, lease, exchange, or mined by section 14 of this Act. pool and deliver the water rights of the par- other agreement entered into under this sub- (c) DEFINITIONS.—For purposes of this ties as set forth in the Santa Clara Project section may permanently alienate any por- section— Agreement. The Santa Clara Project shall tion of the Shivwits Water Right. (1) ‘‘water rights’’ means rights under deliver to the Shivwits Band a total of 1,900 SEC. 8. RATIFICATION OF AGREEMENTS. State and Federal law to divert, pump, im- acre-feet annually in accordance with the Except to the extent that the St. George pound, use, or reuse, or to permit others to Santa Clara Project Agreement and this Act. Water Reuse Project Agreement, the Santa divert, pump, impound, use or reuse water; (b) INSTREAM FLOW.—The Santa Clara Clara Project Agreement, and the Settle- and Project shall release instream flow water ment Agreement conflict with the provisions (2) ‘‘injuries to water rights’’ means the from the Gunlock Reservoir into the Santa of this Act, such agreements are hereby ap- loss, deprivation, or diminution of water Clara River for the benefit of the Virgin proved, ratified, and confirmed. The Sec- rights. Spinedace, in accordance with the Santa retary is hereby authorized to execute, and (d) SAVINGS PROVISION.—In the event the Clara Project Agreement and this Act. take such other actions as are necessary to waiver and release contained in subsection (c) PROJECT FUNDING.—The Utah Legisla- implement, such agreements. (b) of this section do not become effective pursuant to section 14, the Shivwits Band ture and the United States Congress have SEC. 9. SATISFACTION OF CLAIMS. and the United States shall retain the right each appropriated grants of $750,000 for the (a) FULL SATISFACTION OF CLAIMS.—The to assert past and future water rights claims construction of the Santa Clara Project. The benefits realized by the Shivwits Band and as to all lands of the Shivwits Reservation, District shall provide a grant of $750,000 for its members under the St. George Water and the water rights claims and defenses of the construction of the Santa Clara Project. Reuse Project Agreement, the Santa Clara all other parties to the agreements shall also The District shall provide any additional Project Agreement, the Settlement Agree- be retained. funding required for the construction of the ment, and this Act shall constitute full and Santa Clara Project. SEC. 10. WATER RIGHTS AND HABITAT ACQUISI- complete satisfaction of all water rights TION PROGRAM. (d) PROJECT CONSTRUCTION, OPERATION, AND claims, and any continuation thereafter of MAINTENANCE.—The District shall be respon- (a) IN GENERAL.—The Secretary is author- any of these claims, of the Shivwits Band ized to establish a water rights and habitat sible for the permitting, design, engineering, and its members, and the Paiute Indian construction, and the initial operation, acquisition program in the Virgin River Tribe of Utah acting on behalf of the Basin— maintenance, repair, and replacement of the Shivwits Band, for water rights or injuries to Santa Clara Project. Operation, mainte- (1) primarily for the benefit of native plant water rights under Federal and State laws and animal species in the Santa Clara River nance, repair, and replacement activities and from time immemorial to the effective date costs of the Santa Clara Project shall be Basin which have been listed, are likely to be of this Act. Notwithstanding the foregoing, listed, or are the subject of a duly approved handled in accordance with the terms of the nothing in this Act shall be— Santa Clara Project Agreement. conservation agreement under the Endan- (1) deemed to recognize or establish any gered Species Act; and SEC. 7. SHIVWITS WATER RIGHT. right of a member of the Shivwits Band to (2) secondarily for the benefit of native (a) IN GENERAL.—The Shivwits Band and water on the Shivwits Reservation; or plant and animal species in other parts of its members shall have the right in per- (2) interpreted or construed to prevent or the Virgin River Basin which have been list- petuity to divert, pump, impound, use, and prohibit the Shivwits Band from partici- ed, are likely to be listed, or are the subject reuse a total of 4,000 acre-feet of water annu- pating in the future in other water projects, of a duly approved conservation agreement ally from the Virgin River and Santa Clara or from purchasing additional water rights under the Endangered Species Act. River systems, to be taken as follows: for their benefit and use, to the same extent (b) WATER AND WATER RIGHTS.—The Sec- (1) 1,900 acre-feet annually from the Santa as any other entity. retary is authorized to acquire water and Clara River System, with an 1890 priority (b) WAIVER AND RELEASE.—By the ap- water rights, with or without the lands to date in accordance with the terms of the proval, ratification, and confirmation herein which such rights are appurtenant, and to Santa Clara Project Agreement. of the St. George Water Reuse Project Agree- acquire shares in irrigation and water com- (2) 2,000 acre-feet of water annually from ment, the Santa Clara Project Agreement, panies, and to transfer, hold, and exercise the St. George Water Reuse Project as pro- and the Settlement Agreement, the United such water and water rights and related in- vided for in the St. George Water Reuse States executes the following waiver and re- terests to assist the conservation and recov- Project Agreement. The Shivwits Band shall lease in conjunction with the Reservation of ery of any native plant or animal species de- have first priority to the reuse water pro- Rights and Retention of Claims set forth in scribed in subsection (a). vided from the St. George Water Reclama- the Settlement Agreement, to be effective (c) REQUIREMENTS.—Acquisition of the tion Facility. upon satisfaction of the conditions set forth water rights and related interests pursuant (3) 100 acre-feet annually, with a 1916 pri- in section 14 of this Act. Except as otherwise to this section shall be subject to the fol- ority date, from groundwater on the provided in the Settlement Agreement, this lowing requirements: Shivwits Reservation. Act, or the proposed judgment and decree re- (1) Water rights acquired must satisfy eli- (b) WATER RIGHTS CLAIMS.—All water ferred to in section 14(a)(7) of this Act, the gibility criteria adopted by the Secretary. rights claims of the Shivwits Band, and the United States, on behalf of the Shivwits (2) Water right purchases shall be only Paiute Indian Tribe of Utah acting on behalf Band and the Paiute Indian Tribe of Utah from willing sellers, but the Secretary may of the Shivwits Band, are hereby settled. The acting on behalf of the Shivwits Band, target purchases in areas deemed by the Sec- Shivwits Water Right is hereby ratified, con- waives and releases the following: retary to be most beneficial to the water firmed, and shall be held in trust by the (1) All claims for water rights or injuries rights acquisition program established by United States for the benefit of the Shivwits to water rights for lands within the Shivwits this section. Band. Reservation that accrued at any time up to (3) All water rights shall be transferred and (c) SETTLEMENT.—The Shivwits Band may and including the effective date determined administered in accordance with any appli- use water from the springs and runoff lo- by section 14 of this Act, and any continu- cable State law. cated on the Shivwits Reservation. The ation thereafter of any of these claims, that (d) HABITAT PROPERTY.—The Secretary is amount used from these sources will be re- the United States for the benefit of the authorized to acquire, hold, and transfer ported annually to the Utah State Engineer Shivwits Band may have against Utah, any habitat property to assist the conservation by the Shivwits Band and shall be counted agency or political subdivision thereof, or and recovery of any native plant or animal against the annual 4,000 acre-feet Shivwits any person, entity, corporation, or municipal species described in section 10(a). Acquisi- Water Right. corporation. tion of habitat property pursuant to this sec- (d) ABANDONMENT, FORFEITURE, OR NON- (2) All claims for water rights or injuries tion shall be subject to the following require- USE.—The Shivwits Water Right shall not be to water rights for lands outside of the ments: subject to loss by abandonment, forfeiture, Shivwits Reservation, where such claims are (1) Habitat property acquired must satisfy or nonuse. based on aboriginal occupancy of the eligibility criteria adopted by the Secretary. (e) USE OR LEASE.—The Shivwits Band may Shivwits Band, its members, or their prede- (2) Habitat property purchases shall be use or lease the Shivwits Water Right for ei- cessors, that accrued at any time up to and only from willing sellers, but the Secretary ther or both of the following: including the effective date determined by may target purchases in areas deemed by the (1) For any purpose permitted by tribal or section 14 of this Act, and any continuation Secretary to be most beneficial to the habi- Federal law anywhere on the Shivwits Band thereafter of any of these claims, that the tat acquisition program established by this Reservation. Once the water is delivered to United States for the benefit of the Shivwits section. the Reservation, such use shall not be sub- Band may have against Utah, any agency or (e) CONTRACT.—The Secretary is authorized ject to State law, regulation, or jurisdiction. political subdivision thereof, or any person, to administer the water rights and habitat

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00178 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.170 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6957 acquisition program by contract or agree- 4001 et seq.). If the Shivwits Band exercises (1) the funds authorized by sections 11(b) ment with a non-Federal entity which the its right pursuant to this subsection to with- and 11(c) have been appropriated and depos- Secretary determines to be qualified to ad- draw the Trust Fund and deposit it in a pri- ited into the Trust Fund; minister such program. The water rights and vate financial institution, except as provided (2) the funds authorized by section 10(f) habitat acquisition program shall be admin- in the withdrawal plan, neither the Sec- have been appropriated; istered pursuant to the Virgin River Re- retary nor the Secretary of the Treasury (3) the St. George Water Reuse Project source Management and Recovery Program. shall retain any oversight over or liability Agreement has been modified to the extent (f) AUTHORIZATION.—There is authorized to for the accounting, disbursement, or invest- it is in conflict with this Act and is effective be appropriated from the Land and Water ment of the funds. and enforceable according to its terms; Conservation Fund for fiscal years prior to (e) NO PER CAPITA PAYMENTS.—No part of (4) the Santa Clara Project Agreement has the fiscal year 2004, a total of $3,000,000 for the principal of the Trust Fund, or of the in- been modified to the extent it is in conflict the water rights and habitat acquisition pro- come accruing thereon, or of any revenue with this Act and is effective and enforceable gram authorized in this section. The Sec- generated from any water use subcontract, according to its terms; retary is authorized to deposit and maintain shall be distributed to any member of the (5) the Settlement Agreement has been this appropriation in an interest bearing ac- Shivwits Band on a per capita basis. modified to the extent it is in conflict with count, said interest to be used for the pur- (f) LIMITATION.—The moneys authorized to this Act and is effective and enforceable ac- poses of this section. The funds authorized to be appropriated under subsections (b) and (c) cording to its terms; be appropriated by this section shall not be shall not be available for expenditure or (6) the State Engineer of Utah has taken in lieu of or supersede any other commit- withdrawal by the Shivwits Band until the all actions and approved all applications nec- ments by Federal, State, or local agencies. requirements of section 14 have been met so essary to implement the provisions of the St. The funds appropriated pursuant to this sec- that the decree has become final and the George Water Reuse Agreement, the Santa tion shall be available until expended, and waivers and releases executed pursuant to Clara Project Agreement, and the Settle- shall not be expended for the purpose set section 9(b) have become effective. Once the ment Agreement, from which no further ap- forth in subsection (a)(2) until the Secretary settlement becomes effective pursuant to the peals may be taken; and has evaluated the effectiveness of the terms of section 14 of this Act, the assets of (7) the court has entered a judgment and instream flow required and provided by the the Trust Fund belong to the Shivwits Band decree confirming the Shivwits Water Right Santa Clara Project Agreement, and has as- and are not returnable to the United States in the Virgin River Adjudication pursuant to sured that the appropriations authorized in Government. Utah Rule of Civil Procedure 54(b), that con- this section are first made available for the SEC. 12. ENVIRONMENTAL COMPLIANCE. firms the Shivwits Water Right and is final purpose set forth in subsection (a)(1). (a) NATIONAL ENVIRONMENTAL POLICY as to all parties to the Santa Clara Division SEC. 11. SHIVWITS BAND TRUST FUND. ACT.—Signing by the Secretary of the St. of the Virgin River Adjudication and from (a) ESTABLISHMENT OF TRUST FUND.—There George Water Reuse Project Agreement, the which no further appeals may be taken, is established in the Treasury of the United Santa Clara Project Agreement, or the Set- which the United States and Utah find is States a fund to be known as the ‘‘Shivwits tlement Agreement does not constitute consistent in all material aspects with the Band Trust Fund’’ (hereinafter called the major Federal action under the National En- Settlement Agreement and with the pro- ‘‘Trust Fund’’). The Secretary shall deposit vironmental Policy Act of 1969 (42 U.S.C. 4321 posed judgment and decree agreed to by the into the Trust Fund the funds authorized to et seq.). parties to the Settlement Agreement. be appropriated in subsections (b) and (c). (b) OTHER REQUIREMENTS.—The Secretary (b) DEADLINE.—If the requirements of para- Except as otherwise provided in this Act, the shall comply with all aspects of the National graphs (1) through (7) of subsection (a) are Trust Fund principal and any income accru- Environmental Policy Act of 1969 (42 U.S.C. not completed to allow the Secretary’s state- ing thereon shall be managed in accordance 4321 et seq.), and other applicable environ- ment of findings to be published by Decem- with the American Indian Trust Fund Man- mental laws in implementing the terms of ber 31, 2003— agement Reform Act (108 Stat. 4239; 25 U.S.C. the St. George Water Reuse Agreement, the (1) except as provided in section 9(d), this 4001 et seq.). Santa Clara Project Agreement, the Settle- Act shall be of no further force and effect; (b) AUTHORIZATION.—There is authorized to ment Agreement, and this Act. and be appropriated a total of $20,000,000, for fis- SEC. 13. MISCELLANEOUS PROVISIONS. (2) all unexpended funds appropriated cal years prior to the fiscal year 2004 for the (a) OTHER INDIAN TRIBES.—Nothing in the under section 11(b) and (c), together with all following purposes: Settlement Agreement or this Act shall be interest earned on such funds shall revert to (1) $5,000,000, which shall be made available construed in any way to quantify or other- the general fund of the United States Treas- to the Shivwits Band from the Trust Fund wise adversely affect the land and water ury on October 1, 2004. for purposes including but not limited to rights, claims, or entitlements to water of The SPEAKER pro tempore. Pursu- those that would enable the Shivwits Band any Indian tribe, pueblo, or community, ant to the rule, the gentleman from to put to beneficial use all or part of the other than the Shivwits Band and the Paiute Utah (Mr. HANSEN) and the gentleman Shivwits Water Right, to defray the costs of Indian Tribe of Utah acting on behalf of the from California (Mr. GEORGE MILLER) any water development project in which the Shivwits Band. Shivwits Band is participating, or to under- (b) PRECEDENT.—Nothing in this Act shall each will control 20 minutes. take any other activity that may be nec- be construed or interpreted as a precedent The Chair recognizes the gentleman essary or desired for implementation of the for the litigation of reserved water rights or from Utah (Mr. HANSEN). St. George Water Reuse Project Agreement, the interpretation or administration of fu- Mr. HANSEN. Mr. Speaker, I yield the Santa Clara Project Agreement, the Set- ture water settlement Acts. myself such time as I may consume. tlement Agreement, or for economic develop- (c) WAIVER OF SOVEREIGN IMMUNITY.—Ex- (Mr. HANSEN asked and was given ment on the Shivwits Reservation. cept to the extent provided in subsections permission to revise and extend his re- (2) $15,000,000, which shall be made avail- (a), (b), and (c) of section 208 of the Depart- ment of Justice Appropriation Act, 1953 (43 marks.) able by the Secretary and the Shivwits Band Mr. HANSEN. Mr. Speaker, I rise in to St. George for the St. George Water Reuse U.S.C. 666), nothing in this Act may be con- Project, in accordance with the St. George strued to waive the sovereign immunity of strong support of H.R. 3291. Water Reuse Project Agreement. the United States. Furthermore, the submis- As anyone from the Western part of our (c) SHARE OF CERTAIN COSTS.—There is au- sion of any portion of the Settlement Agree- great Nation can tell you, water is one of the thorized to be appropriated to the Trust ment to the District Court in the Virgin most critical factors to our communities. This Fund in fiscal years prior to the fiscal year River Adjudication shall not expand State said, disputes over water are difficult to re- 2004 a total of $1,000,000 to assist with the court jurisdiction or expand in any manner solve and the outcomes rarely satisfy anyone. the waiver of sovereign immunity of the Shivwits Band’s proportionate share of oper- Today we have the opportunity to resolve po- ation, maintenance, repair, and replacement United States in section 666 of title 43, costs of the Santa Clara Project as provided United States Code, or any other provision of tentially heated disputes and bring about a so- for in the Santa Clara Project Agreement. Federal law. lution that will uncharacteristically satisfy all (d) USE OF THE TRUST FUND.—Except for (d) APPRAISALS.—Notwithstanding any parties involved. the $15,000,000 appropriated pursuant to sub- other law to the contrary, the Secretary is I introduced H.R. 3291 to provide for the section (b)(2), all Trust Fund principal and authorized to approve any right-of-way ap- settlement of the water rights claims of the income accruing thereon may be used by the praisal which has been completed in accord- Shivwits Band of the Paiute Indians. On July Shivwits Band for the purposes described in ance with the provisions of the Santa Clara 21, 1980, the controversy over water came to Project Agreement. subsections (b)(1) and (c). The Shivwits Band, a head when the State of Utah initiated a stat- with the approval of the Secretary, may SEC. 14. EFFECTIVE DATE. utory adjudication of water rights within the withdraw the Trust Fund and deposit it in a (a) IN GENERAL.—The waiver and release mutually agreed upon private financial insti- contained in section 9(b) of this Act shall be- drainage of the Virgin River, including the tution. That withdrawal shall be made pur- come effective as of the date the Secretary Santa Clara River. The United States, as trust- suant to the American Indian Trust Fund causes to be published in the Federal Reg- ee for the Shivwits Band, filed a water user Management Reform Act of 1994 (25 U.S.C. ister a statement of findings that— claim in the ongoing statutory adjudication of

VerDate 25-JUL-2000 06:28 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00179 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JY7.170 pfrm02 PsN: H25PT1 H6958 CONGRESSIONAL RECORD — HOUSE July 25, 2000 water rights in Washington County claiming a the range of great apes and projects of (iv) enforcement and implementation of right to 11,355 acre feet of water for the ben- persons with demonstrated expertise in CITES; efit of the Shivwits. However, due to the time the conservation of great apes, as (v) enforcement and implementation of domes- tic laws relating to resource management; and expense of such adjudication, the parties amended. (vi) development and operation of sanctuaries have entered into agreements to resolve the The Clerk read as follows: for members of a species rescued from the illegal water rights claims by construction of two H.R. 4320 trade in live animals; water projects that will stabilize the erratic flow Be it enacted by the Senate and House of Rep- (vii) training of local law enforcement officials of the Santa Clara River and guarantee 4,000 resentatives of the United States of America in in the interdiction and prevention of the illegal acre-feet of water per year to the Shivwits. Congress assembled, killing of great apes; This stabilization of the water flow will not only SECTION 1. SHORT TITLE. (viii) programs for the rehabilitation of mem- This Act may be cited as the ‘‘Great Ape Con- bers of a species in the wild and release of the help alleviate water shortages and bring an servation Act of 2000’’. members into the wild in ways which do not end to the water claim dispute, but also pro- SEC. 2. FINDINGS AND PURPOSES. threaten existing wildlife populations by caus- vide much needed water for endangered fish. (a) FINDINGS.—Congress finds that— ing displacement or the introduction of disease; Along with the two water projects, H.R. (1) great ape populations have declined to the (ix) conflict resolution initiatives; 3291, authorizes the Secretary of Interior to point that the long-term survival of the species (x) community outreach and education; and create a water rights and habitat acquisition in the wild is in serious jeopardy; (xi) strengthening the capacity of local com- program. This program would be established (2) the chimpanzee, gorilla, bonobo, orang- munities to implement conservation programs. utan, and gibbon are listed as endangered spe- (3) FUND.—The term ‘‘Fund’’ means the Great in the Virgin River Basin for the benefit of spe- cies under section 4 of the Endangered Species Ape Conservation Fund established by section 5. cies, primarily in the Santa Clara River Basin Act of 1973 (16 U.S.C. 1533) and under Appendix (4) GREAT APE.—The term ‘‘great ape’’ means and secondarily in other parts of the Virgin I of the Convention on International Trade in a chimpanzee, gorilla, bonobo, orangutan, or River, Basin, which have been listed, are likely Endangered Species of Wild Fauna and Flora gibbon. to be listed, or are the subject of a conserva- (27 UST 1087; TIAS 8249); (5) MULTINATIONAL SPECIES CONSERVATION tion agreement under the Endangered Species (3) because the challenges facing the con- FUND.—The term ‘‘Multinational Species Con- Act. Acquisition of water rights and habitat servation of great apes are so immense, the re- servation Fund’’ means such fund as estab- property must be from willing sellers and sources available to date have not been suffi- lished in title I of the Department of the Interior cient to cope with the continued loss of habitat and Related Agencies Appropriations Act, 1999, would be funded by an appropriation of $3 mil- due to human encroachment and logging and under the heading ‘‘MULTINATIONAL SPECIES lion. the consequent diminution of great ape popu- CONSERVATION FUND’’. Mr. Speaker, in conclusion I would like to lations; (6) SECRETARY.—The term ‘‘Secretary’’ means thank Resources Chairman, Don Young, for (4) because great apes are flagship species for the Secretary of the Interior. his leadership in the Committee and I urge my the conservation of the tropical forest habitats SEC. 4. GREAT APE CONSERVATION ASSISTANCE. colleagues to support this bill. in which they are found, conservation of great (a) IN GENERAL.—Subject to the availability of Mr. GEORGE MILLER of California. apes provides benefits to numerous other species funds and in consultation with other appro- Mr. Speaker, I yield myself such time of wildlife, including many other endangered priate Federal officials, the Secretary shall use species; amounts in the Fund to provide financial assist- as I may consume. (5) among the threats to great apes, in addi- (Mr. GEORGE MILLER of California ance for projects for the conservation of great tion to habitat loss, are population fragmenta- apes for which project proposals are approved asked and was given permission to re- tion, hunting for the bushmeat trade, live cap- by the Secretary in accordance with this sec- vise and extend his remarks.) ture, and exposure to emerging or introduced tion. Mr. GEORGE MILLER of California, diseases; (b) PROJECT PROPOSALS.— (6) great apes are important components of the Mr. Speaker, I rise in strong support of (1) ELIGIBLE APPLICANTS.—A proposal for a ecosystems they inhabit, and studies of their project for the conservation of great apes may be H.R. 3291. wild populations have provided important bio- Mr. Speaker, H.R. 3291 provides for the set- submitted to the Secretary by— logical insights; (A) any wildlife management authority of a tlement of the water rights claims of the (7) although subsistence hunting of tropical country that has within its boundaries any part forest animals has occurred for hundreds of Shivwits Band of the Paiute Indian Tribe of of the range of a great ape if the activities of the years at a sustainable level, the tremendous in- Utah. The bill would make 2,000 acre-feet of authority directly or indirectly affect a great crease in the commercial trade of tropical forest water available annually to the Shivwits Band ape population; of the Paiute Indian Tribe. The water would be species is detrimental to the future of these spe- (B) the CITES Secretariat; or cies; and (C) any person or group with the dem- diverted from the water reclamation facility in (8) the reduction, removal, or other effective onstrated expertise required for the conservation St. George, Utah. addressing of the threats to the long-term viabil- of great apes. This settlement will provide the tribe with a ity of populations of great apes in the wild will (2) REQUIRED ELEMENTS.—A project proposal significant and long-overdue economic boost. require the joint commitment and effort of coun- shall include— tries that have within their boundaries any part We have no objections to the legislation. (A) a concise statement of the purposes of the of the range of great apes, the United States Mr. Speaker, I have no further re- project; quests for time, and I yield back the and other countries, and the private sector. (B) the name of the individual responsible for (b) PURPOSES.—The purposes of this Act are— balance of my time. (1) to sustain viable populations of great apes conducting the project; Mr. HANSEN. Mr. Speaker, I have no in the wild; and (C) a description of the qualifications of the further requests for time, and I yield (2) to assist in the conservation and protection individuals who will conduct the project; back the balance of my time. of great apes by supporting conservation pro- (D) a concise description of— The SPEAKER pro tempore. The grams of countries in which populations of great (i) methods for project implementation and outcome assessment; question is on the motion offered by apes are located and by supporting the CITES Secretariat. (ii) staff and community management for the the gentleman from Utah (Mr. HANSEN) project; and SEC. 3. DEFINITIONS. that the House suspend the rules and (iii) the logistics of the project; In this Act: pass the bill, H.R. 3291, as amended. (1) CITES.—The term ‘‘CITES’’ means the (E) an estimate of the funds and time required The question was taken; and (two- Convention on International Trade in Endan- to complete the project; thirds having voted in favor thereof) gered Species of Wild Fauna and Flora, done at (F) evidence of support for the project by ap- the rules were suspended and the bill, Washington March 3, 1973 (27 UST 1087; TIAS propriate governmental entities of the countries 8249), including its appendices. in which the project will be conducted, if the as amended, was passed. Secretary determines that such support is re- A motion to reconsider was laid on (2) CONSERVATION.—The term ‘‘conservation’’— quired for the success of the project; the table. (A) means the use of methods and procedures (G) information regarding the source and f necessary to prevent the diminution of, and to amount of matching funding available for the project; and GREAT APE CONSERVATION ACT sustain viable populations of, a species; and (B) includes all activities associated with (H) any other information that the Secretary OF 2000 wildlife management, such as— considers to be necessary for evaluating the eli- Mr. HANSEN. Mr. Speaker, I move to (i) conservation, protection, restoration, ac- gibility of the project for funding under this suspend the rules and pass the bill quisition, and management of habitat; Act. (c) PROJECT REVIEW AND APPROVAL.— (H.R. 4320) to assist in the conservation (ii) in-situ research and monitoring of popu- lations and habitats; (1) IN GENERAL.—The Secretary shall— of great apes by supporting and pro- (iii) assistance in the development, implemen- (A) not later than 30 days after receiving a viding financial resources for the con- tation, and improvement of management plans project proposal, provide a copy of the proposal servation programs of countries within for managed habitat ranges; to other appropriate Federal officials; and

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00180 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JY7.185 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6959 (B) review each project proposal in a timely separate account to be known as the ‘‘Great Ape The magnitude of the crisis facing the great manner to determine if the proposal meets the Conservation Fund’’, consisting of— apes is quite alarming. Populations of chim- criteria specified in subsection (d). (1) amounts transferred to the Secretary of the panzees, gorillas, bonobos, and orangutans in (2) CONSULTATION; APPROVAL OR DIS- Treasury for deposit into the Fund under sub- Africa and Asia are disappearing at a record APPROVAL.—Not later than 180 days after receiv- section (e); ing a project proposal, and subject to the avail- (2) amounts appropriated to the Fund under pace, and scientists have warned they could ability of funds, the Secretary, after consulting section 6; and become extinct in the wild within the next with other appropriate Federal officials, shall— (3) any interest earned on investment of twenty years. (A) consult on the proposal with the govern- amounts in the Fund under subsection (c). A broad range of actions will be needed to ment of each country in which the project is to (b) EXPENDITURES FROM FUND.— conserve and recover great ape populations in be conducted; (1) IN GENERAL.—Subject to paragraph (2), upon request by the Secretary, the Secretary of Africa and Asia. Logging companies must halt (B) after taking into consideration any com- the flow of illegal bushmeat from their oper- ments resulting from the consultation, approve the Treasury shall transfer from the Fund to the or disapprove the proposal; and Secretary, without further appropriation, such ations. Long term support for protected areas, (C) provide written notification of the ap- amounts as the Secretary determines are nec- national parks, and buffer zones must be se- proval or disapproval to the person who sub- essary to provide assistance under section 4. cured to protect habitat and wildlife. Law en- mitted the proposal, other appropriate Federal (2) ADMINISTRATIVE EXPENSES.—Of the forcement capacity to enable countries to en- officials, and each country described in sub- amounts in the account available for each fiscal force wildlife protection laws must be devel- paragraph (A). year, the Secretary may expand not more than oped to prevent poaching. Finally, efforts must 3 percent, or up to $80,000, whichever is greater, (d) CRITERIA FOR APPROVAL.—The Secretary be undertaken to help rural populations de- may approve a project proposal under this sec- to pay the administrative expenses necessary to tion if the project will enhance programs for carry out this Act. velop alternative sources of protein that will re- conservation of great apes by assisting efforts (c) INVESTMENT OF AMOUNTS.— duce the demand for bushmeat. to— (1) IN GENERAL.—The Secretary of the Treas- While it is a formidable task, we cannot let (1) implement conservation programs; ury shall invest such portion of the Fund as is the desperate straights of the great apes im- (2) address the conflicts between humans and not, in the judgment of the Secretary of the mobilize us. We must do what we can as great apes that arise from competition for the Treasury, required to meet current withdrawals. quickly as possible. H.R. 4320 bill is a good same habitat; Investments may be made only in interest-bear- ing obligations of the United States. step in the direction and will hopefully inspire (3) enhance compliance with CITES and other a broad scale effort to restore ape populations applicable laws that prohibit or regulate the (2) ACQUISITION OF OBLIGATIONS.—For the taking or trade of great apes or regulate the use purpose of investments under paragraph (1), ob- worldwide. and management of great ape habitat; ligations may be acquired— Modeled after the successful and widely (4) develop sound scientific information on, or (A) on original issue at the issue price; or supported African and Asian Elephant Con- methods for monitoring— (B) by purchase of outstanding obligations at servation Acts, the Great Ape Conservation (A) the condition and health of great ape the market price. Act would authorize the Secretary to provide habitat; (3) SALE OF OBLIGATIONS.—Any obligation ac- quired by the Fund may be sold by the Secretary up to $5 million a year in grants to local wild- (B) great ape population numbers and trends; life management authorities and other entities or of the Treasury at the market price. (C) the current and projected threats to the (4) CREDITS TO FUND.—The interest on, and in the ranges states to conserve and rebuild habitat, current and projected numbers, or cur- the proceeds from the sale or redemption of, any great ape populations. This is important be- rent and projected trends; or obligations held in the Fund shall be credited to cause without the cooperation and commit- (5) promote cooperative projects on the issues and form a part of the Fund. ment of the range states and the local com- described in paragraph (4) among government (d) TRANSFERS OF AMOUNTS.— (1) IN GENERAL.—The amounts required to be munities, conservation efforts cannot be suc- entities, affected local communities, nongovern- cessful. mental organizations, or other persons in the transferred to the Fund under this section shall be transferred at least monthly from the general H.R. 4320 is supported by the Administra- private sector. tion and a broad range of interest groups, and (e) PROJECT SUSTAINABILITY.—To the max- fund of the Treasury to the Fund on the basis imum extent practicable, in determining whether of estimates made by the Secretary of the Treas- I hope Members can support its passage to approve project proposals under this section, ury. today. the Secretary shall give preference to conserva- (2) ADJUSTMENTS.—Proper adjustment shall be Mr. SAXTON. Mr. Speaker, I rise in strong tion projects that are designed to ensure effec- made in amounts subsequently transferred to support of H.R. 4320, the Great Ape Con- tive, long-term conservation of great apes and the extent prior estimates were in excess of or servation Act, and I compliment the author. their habitats. less than the amounts required to be trans- Today, great apes face multiple threats to (f) MATCHING FUNDS.—In determining wheth- ferred. CCEPTANCE AND USE OF DONATIONS.—The their very survival. These include habitat de- er to approve project proposals under this sec- (e) A Secretary may accept and use donations to pro- struction, civil wars, and an explosion in the tion, the Secretary shall give preference to vide assistance under section 4. Amounts re- devastating illegal hunting of apes for the projects for which matching funds are available. (g) PROJECT REPORTING.— ceived by the Secretary in the form of donations commercial enterprise known as bushmeat (1) IN GENERAL.—Each person that receives as- shall be transferred to the Secretary of the trade. Unless immediate steps are taken, sistance under this section for a project shall Treasury for deposit into the Fund. these magnificent animals will continue their submit to the Secretary periodic reports (at such SEC. 6. AUTHORIZATION OF APPROPRIATIONS. slide toward extinction. We must not allow that intervals as the Secretary considers necessary) There are authorized to be appropriated to the to occur. that include all information that the Secretary, Fund $5,000,000 for each of fiscal years 2001 This legislation would continue the success- through 2005. after consultation with other appropriate gov- ful partnership established by the African Ele- ernment officials, determines is necessary to The SPEAKER pro tempore. Pursu- phant Conservation Act by creating the Great evaluate the progress and success of the project ant to the rule, the gentleman from Ape Conservation Fund, which would make for the purposes of ensuring positive results, as- Utah (Mr. HANSEN) and the gentleman sessing problems, and fostering improvements. grant money available to assist range state from California (Mr. GEORGE MILLER) governments and nongovernmental organiza- (2) AVAILABILITY TO THE PUBLIC.—Reports each will control 20 minutes. under paragraph (1), and any other documents tions involved in the front-line battles to protect The Chair recognizes the gentleman relating to projects for which financial assist- great apes. from Utah (Mr. HANSEN). ance is provided under this Act, shall be made These monies will complement established available to the public. Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume. programs and, at the same time, leverage ad- (h) LIMITATIONS ON USE FOR CAPTIVE BREED- ditional financial support from other organiza- ING.—Amounts provided as a grant under this (Mr. HANSEN asked and was given Act— permission to revise and extend his re- tions. (1) may not be used for captive breeding of marks.) Mr. Speaker, great apesÐdefined as goril- great apes other than for captive breeding for Mr. HANSEN. Mr. Speaker, I rise in las, orangutans, chimpanzees, bonobos, and release into the wild; and strong support of H.R. 4320. gibbonsÐare listed both as endangered under (2) may be used for captive breeding of a spe- Mr. GEORGE MILLER of California. the Endangered Species Act and Appendix I cies for release into the wild only if no other Mr. Speaker, I yield myself such time under CITES. In fact, one subspecies of go- conservation method for the species is bio- rillaÐthe mountain gorillaÐmade famous by logically feasible. as I may consume. (i) PANEL.—Every 2 years, the Secretary shall (Mr. GEORGE MILLER of California the movie, ``Gorillas in the Mist,'' has been convene a panel of experts to identify the great- asked and was given permission to re- decimated to less than 700 animals, making it est needs for the conservation of great apes. vise and extend his remarks.) more endangered than the giant panda. SEC. 5. GREAT APE CONSERVATION FUND. Mr. GEORGE MILLER of California, These grand animalsÐwith whom we share (a) ESTABLISHMENT.—There is established in Mr. Speaker, I rise in strong support of 98 percent of our genetic materialÐdeserve the Multinational Species Conservation Fund a H.R. 4320. our help.

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00181 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JY7.156 pfrm02 PsN: H25PT1 H6960 CONGRESSIONAL RECORD — HOUSE July 25, 2000 This bill is supported by the administration Whereas America’s Promise—The Alliance at risk. Yet, these same young people and by a diverse group of conservation lead- for Youth, led by General Colin L. Powell, are the key to the future of our coun- ers, including the American Zoo and Aquarium United States Army (retired), is one of the try. They will eventually be making Nation’s most comprehensive nonprofit orga- decisions that will not only affect cur- Association, World Wildlife Fund, Wildlife Con- nizations dedicated to building and strength- servation Society, and many other organiza- ening the character and competence of youth rent generations, but many genera- tions. by mobilizing the Nation to fulfill the orga- tions to follow. H.R. 4320 is noncontroversial and should be nization’s ‘‘Five Promises’’ for young people: Accordingly, the people of the United supported by all Members. (1) ongoing relationships with caring States should act purposefully to help I urge an ``aye'' vote on this important con- adults; secure a positive future for the Nation servation legislation. (2) safe places with structured activities by devoting time to our youth, sharing Mr. GEORGE MILLER of California. during nonschool hours; traditions and communicating moral Mr. Speaker, I have no further requests (3) a healthy start and future; values to our children. (4) marketable skills through effective edu- for time, and I yield back the balance One organization dedicated to help- of my time. cation; and (5) opportunities to give back through ing our youth and getting adults in- Mr. HANSEN. Mr. Speaker, I have no community service; volved in the lives of children and further requests for time, and I yield Whereas the citizens of the United States young people is America’s Promise, the back the balance of my time. will celebrate American Youth Day and en- Alliance for Youth. This nonprofit or- The SPEAKER pro tempore. The courage all youth organizations to partici- ganization chaired by General Colin question is on the motion offered by pate annually on a Saturday near the begin- Powell is devoted to strengthening the the gentleman from Utah (Mr. HANSEN) ning of the school year; and character and competence of children Whereas American Youth Day will provide that the House suspend the rules and through the fulfillment of five prom- pass the bill, H.R. 4320, as amended. opportunities for America’s youth to reclaim the values which foster trust and build bet- ises. The question was taken; and (two- These five promises are: every young thirds having voted in favor thereof) ter communication and which will encourage parents, grandparents, and extended families person deserves ongoing relationships the rules were suspended and the bill, to recognize the importance of being in- with caring adults; secondly, every as amended, was passed. volved in the physical and emotional lives of young person deserves safe places with A motion to reconsider was laid on their children: Now, therefore, be it structured activities during nonschool the table. Resolved by the House of Representatives (the hours; third, every young person de- f Senate concurring), That the Congress— serves a healthy start and future; (1) recognizes the importance of youth to GENERAL LEAVE the future of the United States; fourth, every young person deserves Mr. HANSEN. Mr. Speaker, I ask (2) supports the goals and ideas of Amer- marketable skills through effective unanimous consent that all Members ican Youth Day; and education; and, fifth, every young per- may have 5 legislative days within (3) encourages the people of the United son deserves opportunities to give back States to participate in local and national through community service. which to revise and extend their re- activities that seek to fulfill the Five Prom- marks, and to include extraneous ma- Mr. Speaker, research on the impact ises to America’s youth, as established by of these five promises is compelling. terial on H.R. 2348, H.R. 3291, and H.R. America’s Promise—The Alliance for Youth. 4320, the three bills just considered. Studies show that children and young The SPEAKER pro tempore. Pursu- people who are guided by these prom- The SPEAKER pro tempore. Is there ant to the rule, the gentleman from objection to the request of the gen- ises are less likely to engage in nega- Pennsylvania (Mr. GOODLING) and a tive behaviors. In fact, children that tleman from Utah? member of the minority each will con- There was no objection. have mentors or adults involved in trol 20 minutes. f their lives are 46 percent less likely to The Chair recognizes the gentleman start using drugs, 27 percent less likely RECOGNIZING IMPORTANCE OF from Pennsylvania (Mr. GOODLING). to start using alcohol, 33 percent less CHILDREN IN THE UNITED GENERAL LEAVE likely to hit or strike others, and 53 STATES AND SUPPORTING Mr. GOODLING. Mr. Speaker, I ask percent less likely to skip school. GOALS AND IDEAS OF NATIONAL unanimous consent that all Members Mr. Speaker, this concurrent resolu- YOUTH DAY may have 5 legislative days within tion is very simple and straight- Mr. GOODLING. Mr. Speaker, I move which to revise and extend their re- forward. It rightfully recognizes the to suspend the rules and agree to the marks on House Concurrent Resolution importance of our Nation’s children. It concurrent resolution (H. Con. Res. 375) 375. supports the goals and ideals of Youth recognizing the importance of children The SPEAKER pro tempore. Is there Day. American Youth Day will help to in the United States and supporting objection to the request of the gen- provide opportunities for America’s the goals and ideas of National Youth tleman from Pennsylvania? youth to reclaim the values that foster Day, as amended. There was no objection. trust and the building of better rela- The Clerk read as follows: Mr. GOODLING. Mr. Speaker, I yield tionships with adults and others. H. CON. RES. 375 myself such time as I may consume. American Youth Day will also serve Whereas national evidence indicates that Mr. Speaker, I rise in support of to encourage parents, grandparents, America’s youth are faced with oppressive House Concurrent Resolution 375, of- and extended families to be actively in- issues, such as violence, drugs, abuse, and fered by my colleague, the gentleman volved in the physical and emotional even family stress, causing the future of the from Florida (Mr. MCCOLLUM). lives of their children, grandchildren youth of the United States, and therefore the House Concurrent Resolution 375 rec- and others. future of the Nation, to be at risk; ognizes the importance of children and I commend the gentleman from Flor- Whereas youth in America, regardless of supports the goals and ideas of Amer- ida (Mr. MCCOLLUM) for his leadership their economic status, ethnic or cultural on the matter, and I urge my col- heritage, or geographic location, are experi- ican youth today. This resolution en- encing the pressures caused by contemporary joys bipartisan support, and I am leagues to vote in support of the reso- society; pleased to have the opportunity today lution. Whereas although Americans realize the to speak on behalf of it. Mr. Speaker, I reserve the balance of challenges of today’s busy lifestyles and bal- America’s young people, regardless of my time. ancing work schedules and youth activities, their economic status, ethnic heritage, Ms. JACKSON-LEE of Texas. Mr. they remain committed to education, phys- or geographic location are faced every Speaker, I yield myself such time as I ical fitness, and civic-mindedness; may consume, and I rise to support the Whereas it is imperative that the people of day with difficult problems, such as vi- olence, drug abuse, and even family legislation. the United States act willfully and purposely Mr. Speaker, this is a legislative ini- to secure a positive future for the Nation by stress. tiative offered by a member of my com- devoting time to youth, sharing traditions, b 2320 and communicating values to children in an mittee, the gentleman from Florida effort to sustain ongoing relationships with Unfortunately, these problems also (Mr. MCCOLLUM), chairman of the Sub- caring adults; put the future of our youth and Nation committee on Crime. I am an original

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00182 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.177 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6961 cosponsor of this legislation, and I rise be present in an ongoing relationship, whether cent White. Summit Hall also had over 62 per- to support the legislation for American it is in the home or through mentorship. The cent of its students participating in the Free Youth Day. week emphasizes: An increased awareness of And Reduced Meals (FARM) program in their It was a few years ago that Colin structured activities during non-school hours cafeterias. By helping Principal Craig Logue Powell came to Texas, as he did to that are available in the neighborhood, for all and the hard working teachers of Summit Hall, many other States, to begin to talk to children to participate in; a dedication from members of my staff provided the students Americans about the importance of fo- each school that participates to provide they tutored with the extra one-on-one atten- cusing on children, the importance of healthy starts and futures for each child in tion that they needed. The National Youth Day focusing on youth. We have seen the re- their care; to help provide future initiatives by legislation continues in this same spirit of serv- sults of the devastation of the different establishing marketable skills through effective ice to the youth of our nation. lives that our youth live, and that is, of education; and finally, the involvement of chil- I often tell educators in my district that when course, the challenges of violence and dren in programs that allows them to connect you touch a rock . . . you touch the past . . . drug abuse, the challenges of living in to their communities through service projects. When you touch a flower . . . you touch the families that have been separated. These five combined goals will allow for present . . . When you touch a child . . . you It is important for our children to be positive development within America's homes touch the future. affirmed. This resolution affirms the and schools. Recognition of youth is essential I ask for your support of H. Con. Res. 375 and encourage all members of this body to fact that our youth have the right to to the well being of our country. I know this is sponsor a Youth Day in their district. have promises. Those promises include something we as Members of congress all un- ongoing relationships with caring Mr. GOODLING. Mr. Speaker, I yield derstand and wish to make strides towards ac- back the balance of my time. adults, safe places with structured ac- complishing. In the process of developing tivities during nonschool hours, a Ms. JACKSON-LEE of Texas. Mr. these programs that encompass our youth, we Speaker, I yield back the balance of healthy start and future, marketable the members of a legislative body are taking skills through effective education, and my time. a much larger step in building the future of our The SPEAKER pro tempore (Mr. opportunities to give back through country. community service. I would add to TANCREDO). The question is on the mo- Mr. Speaker, I reserve the balance of tion offered by the gentleman from that, Mr. Speaker, the opportunity for my time. Pennsylvania (Mr. GOODLING) that the good housing, the opportunity for good Mr. GOODLING. Mr. Speaker, I yield House suspend the rules and agree to food and to be nourished, the oppor- such time as she may consume to the the concurrent resolution, H. Con. Res. tunity for good health care. gentlewoman from Maryland (Mrs. This legislation will remind this Con- 375, as amended. MORELLA). The question was taken; and (two- gress and remind Americans to reaf- (Mrs. MORELLA asked and was given thirds having voted in favor thereof) firm our values and our commitment permission to revise and extend her re- the rules were suspended and the con- to youth. marks.) current resolution, as amended, was Mr. Speaker, I say to my colleagues, Mrs. MORELLA. Mr. Speaker, I am agreed to. the supporters of this legislation, this one of the supporters of this. I believe The title of the concurrent resolution is also a resolution to support Amer- very strongly in Colin Powell’s Amer- was amended so as to read: ‘‘Recog- ican Youth Day. I would like to salute ica’s Promise to Youth. We have such a nizing the importance of children in a constituent of mine, Ovide program in Montgomery County in the United States and supporting the Duncantell, who came to me some which we engage, and I salute the goals and ideas of American Youth years ago to advocate for a children’s measure. Mr. Speaker, I ask for the Day’’. day. We have now come to that point, support of this body. A motion to reconsider was laid on and I hope that Americans all over the Mr. Speaker, I rise in support of H. Con. the table. Nation will support our commitment f to our youth and to add their support Res. 375 which recognizes the importance of of our youth with these five promises. children in the United States and encourages EXPRESSING SENSE OF CONGRESS Mr. Speaker, I rise today in support of all the efforts of groups such as General Colin REGARDING IMPORTANCE OF children, but more specifically for a sound so- Powell's America's Promise. FAMILIES EATING TOGETHER lution before the floor today, H. Con. Res. By establishing a Youth Day prior to the coming school year, local communities will be Mr. GOODLING. Mr. Speaker, I ask 375. This resolution titled ``Recognizing the unanimous consent that we take from able to promote General Powell's ``Five Prom- Importance of Children in the U.S. and Sup- the Speaker’s table the concurrent res- ises'' to our nation's youth. These ostensibly porting National Youth Day'' sums up in few olution (H. Con. Res. 343), expressing simple promises of providing our children with words, what I myself feel very strongly about. the sense of the Congress regarding the caring adults, safe places, healthy starts, mar- It is indeed imperative that we take the time importance of families eating together, to acknowledge and support our children ev- ketable skills, and opportunities to serve, en- and ask for its immediate consider- eryday, and that as a nation we recognize all able us to foster future generations of produc- ation. children regardless of economic, religious, or tive and contributing Americans. The Clerk read the title of the con- ethnic background. Highlighting affirmatives It is crucial for our community and business current resolution. steps at least one week of the year as this leaders to take an active role in the lives of The SPEAKER pro tempore. Is there resolution requests is very important. our youth. Each year, in my district, members objection to the request of the gen- General Colin Powell began ``America's of my staff participate in a program called tleman from Pennsylvania? PromiseÐThe Alliance for Youth'' in 1997. His ``Partners in Education'' which pairs busi- Mr. RANGEL. Mr. Speaker, reserving dream as well as the dream of the entire orga- nesses with schools for the purpose of tutor- the right to object, and I will not ob- nization was that as a nation we reached a ing. ject, I just want to support this legisla- specified goal where children are concerned. The program's greatest strength is its direct tion. It is the National Eat Dinner with Under a National Youth Day program cer- link to local school districts and community your Children Day, June 19. It was re- tain steps would be implemented to achieve leaders throughout the country. Through its quested by former Secretary of HEW desired effects. The five main goals that are 7,500 grassroots member programs, Partners Joe Califano, who now works with the listed in this resolution include strong relation- In Education connects children and classroom National Center on Addiction and Sub- ships with adults, structured after-school activi- teachers with corporate, education, volunteer, stance Abuse at Columbia University ties, a healthy outlook, education, and commu- government, and civic leaders. These partners where extensive research is proven that nity service. play significant roles in changing the content families that eat with their children, The idea is that children will gain enrich- and delivery of education services to children the children are less likely to engage in ment with these elements presented if only for and their families. illegal activities, illegal drugs, ciga- a week in schools nationwide. That the effects During the 1999±2000 school year, my staff rettes and alcohol. of this one week in the schools will extend to tutored Fourth and Fifth graders from Hall Ele- Mr. MCCOLLUM. Mr. Speaker, I rise today children's personal lives, as well as infiltrating mentary School in Gaithersburg, Maryland. in support of H. Con. Res. 343, the National their home to affect the entire family. This school has an amazingly diverse student Eat Dinner With Your Children Day Resolu- This week would encompass having the body with 42 percent Latino, 29 percent Afri- tion. This legislation recognizes the impor- ideas of positive adult role models that should can American, 8 percent Asian, and 21 per- tance of families eating together in order to

VerDate 25-JUL-2000 06:45 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00183 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.285 pfrm02 PsN: H25PT1 H6962 CONGRESSIONAL RECORD — HOUSE July 25, 2000 help reduce substance abuse among teen- We need to make sure that the Youth of H.R. 4807 agers. America grow up to become healthy produc- Be it enacted by the Senate and House of Rep- As many of you know, I am a proud father tive citizens. We can start by having more din- resentatives of the United States of America in of three wonderful sons. My wife, Ingrid, and ners with our families. I realize that parents Congress assembled, I have always made it a priority for our family can not immediately have dinner every night SECTION 1. SHORT TITLE. to sit down together for dinner. During our din- with their children, but establishing a National This Act may be cited as the ‘‘Ryan White ner conversations, Ingrid and I would inquire ``Eat Dinner with Your Children Day'' is a step CARE Act Amendments of 2000’’. as to what each of our children accomplished in the right direction. I fully support this resolu- SEC. 2. TABLE OF CONTENTS. or struggled with that day. We offered words tion and urge the rest of my colleagues to do The table of contents for this Act is as follows: of wisdom and support to our children the same. TITLE I—EMERGENCY RELIEF FOR AREAS throughout their formidable years and fostered Mr. RANGEL. Mr. Speaker, I with- WITH SUBSTANTIAL NEED FOR SERVICES the notion we would always be there for them draw my reservation of objection. Subtitle A—HIV Health Services Planning in times of need. It is my belief that these con- The SPEAKER pro tempore. Is there Councils sistent family times also served to make our objection to the request of the gen- Sec. 101. Membership of councils. children confident and responsible decision- tleman from Pennsylvania? Sec. 102. Duties of councils. Sec. 103. Open meetings; other additional provi- makers. There was no objection. sions. The idea for this resolution grew out of re- The Clerk read the concurrent reso- Subtitle B—Type and Distribution of Grants search done by the National Center on Addic- lution, as follows: Sec. 111. Formula grants. tion and Substance abuse at Columbia Univer- H. CON. RES. 343 sity (CASA). In its latest survey, CASA found Sec. 112. Supplemental grants. Whereas the use and abuse of illegal drugs, Subtitle C—Other Provisions the more often a child eats dinner with his or nicotine, and alcohol are the greatest threat her parents, the less likely that child is to to the health and well-being of American Sec. 121. Use of amounts. Sec. 122. Application. smoke, drink, or use illegal drugs. The result children; Sec. 123. Review of administrative costs and Whereas parental influence is one of the was consistent throughout the five years of the compensation. CASA survey, but never in as striking a man- most crucial factors in determining the like- TITLE II—CARE GRANT PROGRAM ner as in the most recent survey. lihood of teenage substance abuse; The survey showed that teens from families Whereas family dinners have long been a Subtitle A—General Grant Provisions who almost never eat dinner together are 72 pillar of American family life; Sec. 201. Priority for women, infants, and chil- Whereas the correlation between the fre- percent more likely than the average teen to dren. quency of family dinners and the risk of sub- Sec. 202. Use of grants. use illegal drugs, cigarettes, and alcohol, while stance abuse is well documented; Sec. 203. Grants to establish HIV care con- those from families who almost always eat Whereas surveys conducted by the Na- sortia. dinner together are 31 percent less likely than tional Center on Addiction and Substance Sec. 204. Provision of treatments. the average teen to engage in these activities. Abuse at Columbia University have found, Sec. 205. State application. In an effort to raise awareness about the pow- for each of the past 4 years, that children Sec. 206. Distribution of funds. erful impact parents can have on their chil- and teenagers who routinely eat dinner with Sec. 207. Supplemental grants for certain dren's decisions about the drug use, Con- their families are far less likely to use ille- States. gal drugs, cigarettes, and alcohol; gressman RANGEL and I felt compelled to in- Subtitle B—Provisions Concerning Pregnancy Whereas, according to these surveys, teen- and Perinatal Transmission of HIV troduce this resolution to show the nation agers from families that seldom eat dinner cares about our youth. We want America's together are 72 percent more likely than the Sec. 211. Repeals. children to know we will stand behind them as average teenager to use illegal drugs, ciga- Sec. 212. Grants. they deal with the growing pressures prevalent rettes, and alcohol, and teenagers from fami- Sec. 213. Study by Institute of Medicine. as an adolescent. lies that eat dinner together are 31 percent Subtitle C—Certain Partner Notification Programs I thank Congressman RANGEL for his efforts less likely than the average teenager to use in bringing this measure to the floor. I enthu- illegal drugs, cigarettes, and alcohol; Sec. 221. Grants for compliant partner notifica- Whereas one method for families to eat tion programs. siastically support H. Con. Res. 343, the Na- dinner together more often would be for tional Eat Dinner With Your Children Day, and TITLE III—EARLY INTERVENTION them to select a recurring occasion for doing SERVICES encourage my colleagues to vote in support of so, such as the third Monday of each month; this important resolution. and Subtitle A—Formula Grants for States Mr. LARSON. Mr. Speaker, I rise today in Whereas a National Eat-Dinner-With-Your- Sec. 301. Repeal of program. support of H. Con. Resolution 343, regarding Children Day on Monday, June 19, 2000, Subtitle B—Categorical Grants the importance of families eating together. I would encourage families to eat together: Sec. 311. Preferences in making grants. would like to commend my colleague Mr. RAN- Now, therefore, be it Sec. 312. Planning and development grants. Resolved by the House of Representatives (the GEL for bringing this important piece of legisla- Sec. 313. Authorization of appropriations. Senate concurring), That it is the sense of the Subtitle C—General Provisions tion to my attention and the attention of the Congress that— American people. Families eating together (1) eating dinner together is a critical step Sec. 321. Provision of certain counseling serv- have long been a pillar of American Family for a family in raising healthy, drug-free ices. Life and should be part future generations as children; and Sec. 322. Additional required agreements. well. Family Dinners are a dying commodity or (2) a National Eat-Dinner-With-Your-Chil- TITLE IV—OTHER PROGRAMS AND infrequent at best. Having dinner as a family dren Day should be established in order to ACTIVITIES opens up communication lines between par- encourage families to eat together as often Subtitle A—Certain Programs for Research, ents and their children. One will know more as possible. Demonstrations, or Training and have more influence on their child if they The concurrent resolution was agreed Sec. 401. Grants for coordinated services and spend time talking to them. What better time to. access to research for women, in- to talk and communicate, then sitting around A motion to reconsider was laid on fants, children, and youth. the dinner table sharing a meal. We need to the table. Sec. 402. AIDS education and training centers. spend more time with our children to influence f Subtitle B—General Provisions in Title XXVI them to do their best in school, to avoid to- Sec. 411. Evaluations and reports. RYAN WHITE CARE ACT bacco, alcohol, illegal drugs and to make them Sec. 412. Data collection through Centers for AMENDMENTS OF 2000 Disease Control and Prevention. productive, healthy citizens. Mr. COBURN. Mr. Speaker, I move to Sec. 413. Coordination. One of my constituents, Chris Lenihan, who Sec. 414. Plan regarding release of prisoners is now an intern in my office, a nice young suspend the rules and pass the bill with HIV disease. gentleman, told me that he had dinner as a (H.R. 4807) to amend the Public Health Sec. 415. Audits. family every night when he lived at home. He Service Act to revise and extend pro- Sec. 416. Administrative simplification. has benefited greatly from the discussion at grams established under the Ryan Sec. 417. Authorization of appropriations for the dinner table and feels that his parents White Comprehensive AIDS Resources parts A and B. David and Midge had a great impact on him Emergency Act of 1990, and for other TITLE V—GENERAL PROVISIONS as result of eating dinner every night as a purposes, as amended. Sec. 501. Studies by Institute of Medicine. family. The Clerk read as follows: Sec. 502. Development of rapid HIV test.

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00184 Fmt 4634 Sfmt 6343 E:\CR\FM\A25JY7.158 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6963 TITLE VI—EFFECTIVE DATE strategies and interventions, to the extent that (1) in paragraph (3), by striking subparagraph Sec. 601. Effective date. data are reasonably available; (C); and ‘‘(iii) priorities of the communities with HIV (2) by adding at the end the following para- TITLE I—EMERGENCY RELIEF FOR AREAS disease for whom the services are intended; graph: WITH SUBSTANTIAL NEED FOR SERVICES ‘‘(iv) availability of other governmental and ‘‘(7) PUBLIC DELIBERATIONS.—With respect to Subtitle A—HIV Health Services Planning nongovernmental resources to provide HIV-re- a planning council under paragraph (1), the fol- Councils lated services to individuals and families with lowing applies: SEC. 101. MEMBERSHIP OF COUNCILS. HIV disease, including the State plan under title ‘‘(A) The council may not be chaired solely by (a) IN GENERAL.—Section 2602(b) of the Public XIX of the Social Security Act (relating to the an employee of the grantee under section Health Service Act (42 U.S.C. 300ff–12(b)) is Medicaid program) and the program under title 2601(a). amended— XXI of such Act (relating to the program for ‘‘(B) In accordance with criteria established (1) in paragraph (1), by striking ‘‘demo- State children’s health insurance); and by the Secretary: graphics of the epidemic in the eligible area in- ‘‘(v) capacity development needs resulting ‘‘(i) The meetings of the council shall be open volved,’’ and inserting ‘‘demographics of the from disparities in the availability of HIV-re- to the public and shall be held only after ade- population of individuals with HIV disease in lated services in historically underserved com- quate notice to the public. the eligible area involved,’’; and munities;’’; ‘‘(ii) The records, reports, transcripts, min- (2) in paragraph (2)— (4) in subparagraph (D) (as so redesignated), utes, agenda, or other documents which were (A) in subparagraph (G), by striking ‘‘or by amending the subparagraph to read as fol- made available to or prepared for or by the AIDS’’; lows: council shall be available for public inspection (B) in subparagraph (K), by striking ‘‘and’’ at ‘‘(D) develop a comprehensive plan for the or- and copying at a single location. the end; ganization and delivery of health and support ‘‘(iii) Detailed minutes of each meeting of the (C) in subparagraph (L), by striking the pe- services described in section 2604 that— council shall be kept. The accuracy of all min- riod and inserting the following: ‘‘, including ‘‘(i) includes a strategy for identifying indi- utes shall be certified to by the chair of the but not limited to providers of HIV prevention viduals with HIV disease who are not receiving council. services; and’’; and such services and for informing the individuals ‘‘(iv) This subparagraph does not apply to (D) by adding at the end the following sub- of and enabling the individuals to utilize the any disclosure of information of a personal na- paragraph: services, giving particular attention to elimi- ture that would constitute a clearly unwar- ‘‘(M) representatives of individuals who for- nating disparities in access and services among ranted invasion of personal privacy, including merly were Federal, State, or local prisoners, affected subpopulations and historically under- any disclosure of medical information or per- were released from the custody of the penal sys- served communities, and including discrete sonnel matters.’’. tem during the preceding three years, and had goals, a timetable, and an appropriate alloca- Subtitle B—Type and Distribution of Grants HIV disease as of the date on which the individ- tion of funds; uals were so released.’’. ‘‘(ii) includes a strategy to coordinate the pro- SEC. 111. FORMULA GRANTS. (b) CONFLICTS OF INTERESTS.—Section vision of such services with programs for HIV (a) EXPEDITED DISTRIBUTION.—Section 2602(b)(5) of the Public Health Service Act (42 prevention and for the prevention and treatment 2603(a)(2) of the Public Health Service Act (42 U.S.C. 300ff–12(b)(5)) is amended by adding at of substance abuse, including programs that U.S.C. 300ff–13(a)(2)) is amended in the first the end the following subparagraph: provide comprehensive treatment services for sentence by striking ‘‘for each of the fiscal years ‘‘(C) COMPOSITION OF COUNCIL.—The fol- such abuse; and 1996 through 2000’’ and inserting ‘‘for a fiscal lowing applies regarding the membership of a ‘‘(iii) is compatible with any State or local year’’. planning council under paragraph (1): plan for the provision of services to individuals (b) AMOUNT OF GRANT; ESTIMATE OF LIVING ‘‘(i) Not less than 33 percent of the council with HIV disease;’’; CASES.— shall be individuals who are receiving HIV-re- (5) in subparagraph (F) (as so redesignated), (1) IN GENERAL.—Section 2603(a)(3)) of the lated services pursuant to a grant under section by striking ‘‘and’’ at the end; Public Health Service Act (42 U.S.C. 300ff– 2601(a), are not officers, employees, or consult- (6) in subparagraph (G) (as so redesignated)— 13(a)(3)) is amended— ants to any entity that receives amounts from (A) by striking ‘‘public meetings,’’ and insert- (A) in subparagraph (C)(i), by inserting before such a grant, and do not represent any such en- ing ‘‘public meetings (in accordance with para- the semicolon the following: ‘‘, except that (sub- tity, and reflect the demographics of the popu- graph (7)),’’; and ject to subparagraph (D)), for grants made pur- lation of individuals with HIV disease as deter- (B) by striking the period and inserting ‘‘; suant to this paragraph for fiscal year 2005 and mined under paragraph (4)(A). For purposes of and’’; and subsequent fiscal years, the cases counted for the preceding sentence, an individual shall be (7) by adding at the end the following sub- each 12-month period beginning on or after July considered to be receiving such services if the in- paragraph: 1, 2004, shall be cases of HIV disease (as re- dividual is a parent of, or a caregiver for, a ‘‘(H) coordinate with Federal grantees that ported to and confirmed by such Director) rath- minor child who is receiving such services. provide HIV-related services within the eligible er than cases of acquired immune deficiency ‘‘(ii) With respect to membership on the plan- area.’’. syndrome’’; and ning council, clause (i) may not be construed as (b) PROCESS FOR ESTABLISHING ALLOCATION (B) in subparagraph (C), in the matter after having any effect on entities that receive funds PRIORITIES.—Section 2602 of the Public Health and below clause (ii)(X)— from grants under any of parts B through F but Service Act (42 U.S.C. 300ff–12) is amended by (i) in the first sentence, by inserting before the do not receive funds from grants under section adding at the end the following subsection: period the following: ‘‘, and shall be reported to 2601(a), on officers or employees of such entities, ‘‘(d) PROCESS FOR ESTABLISHING ALLOCATION the congressional committees of jurisdiction’’; or on individuals who represent such entities.’’. PRIORITIES.—Promptly after the date of the sub- and SEC. 102. DUTIES OF COUNCILS. mission of the report required in section 501(b) (ii) by adding at the end the following sen- (a) IN GENERAL.—Section 2602(b)(4) of the of the Ryan White CARE Act Amendments of tence: ‘‘Updates shall as applicable take into ac- Public Health Service Act (42 U.S.C. 300ff– 2000 (relating to the relationship between epide- count the counting of cases of HIV disease pur- 12(b)(4)) is amended— miological measures and health care for certain suant to clause (i).’’ (1) by redesignating subparagraphs (A) individuals with HIV disease), the Secretary, in (2) DETERMINATION OF SECRETARY REGARDING through (E) as subparagraphs (C) through (G), consultation with entities that receive amounts DATA ON HIV CASES.—Section 2603(a)(3)) of the respectively; from grants under section 2601(a) or 2611, shall Public Health Service Act (42 U.S.C. 300ff– (2) by inserting before subparagraph (C) (as so develop epidemiologic measures— 13(a)(3)) is amended— redesignated) the following subparagraphs: ‘‘(1) for establishing the number of individuals (A) by redesignating subparagraph (D) as sub- ‘‘(A) determine the size and demographics of living with HIV disease who are not receiving paragraph (E); and the population of individuals with HIV disease; HIV-related health services; and (B) by inserting after subparagraph (C) the ‘‘(B) determine the needs of such population, ‘‘(2) for carrying out the duties under sub- following subparagraph: with particular attention to— section (b)(4) and section 2617(b).’’. ‘‘(D) DETERMINATION OF SECRETARY REGARD- ‘‘(i) individuals with HIV disease who are not (c) TRAINING.—Section 2602 of the Public ING DATA ON HIV CASES.— receiving HIV-related services; and Health Service Act (42 U.S.C. 300ff–12), as ‘‘(i) IN GENERAL.—Not later than July 1, 2004, ‘‘(ii) disparities in access and services among amended by subsection (b) of this section, is the Secretary shall determine whether there is affected subpopulations and historically under- amended by adding at the end the following data on cases of HIV disease from all eligible served communities;’’; subsection: areas (reported to and confirmed by the Director (3) in subparagraph (C) (as so redesignated), ‘‘(e) TRAINING GUIDANCE AND MATERIALS.— of the Centers for Disease Control and Preven- by striking clauses (i) through (iv) and inserting The Secretary shall provide to each chief elected tion) sufficiently accurate and reliable for use the following: official receiving a grant under 2601(a) guide- for purposes of subparagraph (C)(i). In making ‘‘(i) size and demographics of the population lines and materials for training members of the such a determination, the Secretary shall take of individuals with HIV disease (as determined planning council under paragraph (1) regarding into consideration the findings of the study under subparagraph (A)) and the needs of such the duties of the council.’’. under section 501(b) of the Ryan White CARE population (as determined under subparagraph SEC. 103. OPEN MEETINGS; OTHER ADDITIONAL Act Amendments of 2000 (relating to the rela- (B)); PROVISIONS. tionship between epidemiological measures and ‘‘(ii) demonstrated (or probable) cost effective- Section 2602(b) of the Public Health Service health care for certain individuals with HIV dis- ness and outcome effectiveness of proposed Act (42 U.S.C. 300ff–12(b)) is amended— ease), the fiscal impact of the use of such data,

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the impact of the use of such data on the orga- under subparagraph (B) of such paragraph (b) ADDITIONAL PURPOSES.—Section 2604(b) nization and delivery of HIV-related services in counting one-third.’’; (42 U.S.C. 300ff–14(b)) of the Public Health Serv- eligible areas, and the fiscal impact of not using (4) in subparagraph (B) (as so redesignated)— ice Act is amended— such data. (A) in clause (ii), by striking ‘‘and’’ at the (1) by redesignating paragraph (3) as para- ‘‘(ii) EFFECT OF ADVERSE DETERMINATION.—If end; graph (4); under clause (i) the Secretary determines that (B) in clause (iii), by striking the period and (2) by inserting after paragraph (2) the fol- data on cases of HIV disease is not sufficiently inserting a semicolon; and lowing: accurate and reliable for use for purposes of (C) by adding at the end the following ‘‘(3) EARLY INTERVENTION SERVICES.— ‘‘(A) IN GENERAL.—The purposes for which a subparagraph (C)(i), then notwithstanding such clauses: grant under section 2601 may be used include subparagraph, for any fiscal year prior to fiscal ‘‘(iv) the current prevalence of HIV disease; providing to individuals with HIV disease early year 2007 the references in such subparagraph ‘‘(v) an increasing need for HIV-related serv- intervention services described in section to cases of HIV disease do not have any legal ef- ices, including relative rates of increase in the 2651(b)(2) (including referrals under subpara- fect. number of cases of HIV disease; and graph (C) of such section), subject to subpara- ‘‘(iii) GRANTS AND TECHNICAL ASSISTANCE RE- ‘‘(vi) unmet need for such services, as deter- graph (B). The entities through which such GARDING COUNTING OF HIV CASES.—Of the mined under section 2602(b)(4).’’; services may be provided under the grant in- amounts appropriated under section 2675 for a (5) in subparagraph (C) (as so redesignated)— clude public health departments, emergency fiscal year, the Secretary shall reserve amounts (A) by striking ‘‘subparagraph (A)’’ each rooms, substance abuse and mental health treat- place such term appears and inserting ‘‘sub- to make grants and provide technical assistance ment programs, detoxification centers, detention paragraph (B)’’’; to States and eligible areas with respect to ob- facilities, clinics regarding sexually transmitted (B) in the second sentence, by striking ‘‘2 taining data on cases of HIV disease to ensure diseases, homeless shelters, HIV disease coun- years after the date of enactment of this para- that data on such cases is available from all seling and testing sites, health care points of graph’’ and inserting ‘‘18 months after the date States and eligible areas as soon as is prac- entry specified by States or eligible areas, feder- of the enactment of the Ryan White CARE Act ticable but not later than the beginning of fiscal ally qualified health centers, and entities de- Amendments of 2000’’; and year 2007.’’. scribed in section 2652(a). (C) by inserting after the second sentence the (c) INCREASES IN GRANT.—Section 2603(a)(4)) ‘‘(B) CONDITIONS.—With respect to an entity of the Public Health Service Act (42 U.S.C. following sentence: ‘‘Such a mechanism shall be that proposes to provide early intervention serv- 300ff–13(a)(4)) is amended to read as follows: modified to reflect the findings of the study ices under subparagraph (A), such subpara- ‘‘(4) INCREASES IN GRANT.— under section 501(b) of the Ryan White CARE graph applies only if the entity demonstrates to ‘‘(A) IN GENERAL.—For each fiscal year in a Act Amendments of 2000 (relating to the rela- the satisfaction of the chief elected official for protection period for an eligible area, the Sec- tionship between epidemiological measures and the eligible area involved that— retary shall increase the amount of the grant health care for certain individuals with HIV ‘‘(i) Federal, State, or local funds are other- made pursuant to paragraph (2) for the area to disease).’’; and wise inadequate for the early intervention serv- ensure that— (6) in subparagraph (D) (as so redesignated), ices the entity proposes to provide; and ‘‘(i) for the first fiscal year in the protection by striking ‘‘subparagraph (B)’’ and inserting ‘‘(ii) the entity will expend funds pursuant to period, the grant is not less than 98 percent of ‘‘subparagraph (C)’’’. such subparagraph to supplement and not sup- the amount of the grant made for the eligible (b) REQUIREMENTS FOR APPLICATION.—Section plant other funds available to the entity for the area pursuant to such paragraph for the base 2603(b)(1)(E) of the Public Health Service Act (42 provision of early intervention services for the year for the protection period; U.S.C. 300ff–13(b)(1)(E)) is amended by inserting fiscal year involved.’’; and ‘‘(ii) for any second fiscal year in such period, ‘‘youth,’’ after ‘‘children,’’. (3) in paragraph (4) (as so redesignated), by the grant is not less than 95.7 percent of the (c) CONFORMING AMENDMENT.—Section 2603(b) inserting ‘‘youth,’’ after ‘‘children,’’ each place amount of such base year grant; of the Public Health Service Act (42 U.S.C. such term appears; ‘‘(iii) for any third fiscal year in such period, 300ff–13(b)) is amended— (c) QUALITY MANAGEMENT.—Section 2604 of the grant is not less than 91.1 percent of the (1) by striking paragraph (4); and the Public Health Service Act (42 U.S.C. 300ff– amount of the base year grant; (2) by redesignating paragraph (5) as para- 14) is amended— (1) by redesignating subsections (c) through ‘‘(iv) for any fourth fiscal year in such period, graph (4). (f) as subsections (d) through (g), respectively; the grant is not less than 84.2 percent of the Subtitle C—Other Provisions and amount of the base year grant; and SEC. 121. USE OF AMOUNTS. (2) by inserting after subsection (b) the fol- ‘‘(v) for any fifth or subsequent fiscal year in (a) PRIMARY PURPOSES.—Section 2604(b)(1) of lowing: such period, the grant is not less than 75 percent the Public Health Service Act (42 U.S.C. 300ff– ‘‘(c) QUALITY MANAGEMENT.— of the amount of the base year grant. 14(b)(1)) is amended— ‘‘(1) REQUIREMENT.—The chief elected official ‘‘(B) BASE YEAR; PROTECTION PERIOD.—With (1) in the matter preceding subparagraph (A), of an eligible area that receives a grant under respect to grants made pursuant to paragraph by striking ‘‘HIV-related—’’ and inserting this part shall provide for the establishment of (2) for an eligible area: ‘‘HIV-related services, as follows:’’; a quality management program to assess the ex- ‘‘(i) The base year for a protection period is (2) in subparagraph (A)— tent to which HIV health services provided to the fiscal year preceding the trigger grant-re- (A) by striking ‘‘outpatient’’ and all that fol- patients under the grant are consistent with the duction year. lows through ‘‘substance abuse treatment and’’ most recent Public Health Service guidelines for ‘‘(ii) The first trigger grant-reduction year is and inserting the following: ‘‘Outpatient and the treatment of HIV disease and related oppor- the first fiscal year (after fiscal year 2000) for ambulatory health services, including substance tunistic infection, and as applicable, to develop which the grant for the area is less than the abuse treatment,’’; and strategies for ensuring that such services are grant for the area for the preceding fiscal year. (B) by striking ‘‘; and’’ and inserting a pe- consistent with the guidelines. ‘‘(iii) A protection period begins with the trig- riod; ‘‘(2) USE OF FUNDS.—From amounts received ger grant-reduction year and continues until (3) in subparagraph (B), by striking ‘‘(B) in- under a grant awarded under this part for a fis- the beginning of the first fiscal year for which patient case management’’ and inserting ‘‘(C) cal year, the chief elected official of an eligible the amount of the grant for the area equals or Inpatient case management’’; area may (in addition to amounts to which sub- exceeds the amount of the grant for the base (4) by inserting after subparagraph (A) the section (f)(1) applies) use for activities associ- year for the period. following subparagraph: ated with the quality management program re- ‘‘(iv) Any subsequent trigger grant-reduction ‘‘(B) Outpatient and ambulatory support serv- quired in paragraph (1) not more than the lesser year is the first fiscal year, after the end of the ices (including case management), to the extent of— ‘‘(A) 5 percent of amounts received under the preceding protection period, for which the that such services facilitate, support, or sustain amount of the grant is less than the amount of grant; or the delivery, or benefits of health services for in- ‘‘(B) $3,000,000.’’. the grant for the preceding fiscal year.’’. dividuals and families with HIV disease.’’; and SEC. 122. APPLICATION. SEC. 112. SUPPLEMENTAL GRANTS. (5) by adding at the end the following: Section 2605(a) of the Public Health Service (a) IN GENERAL.—Section 2603(b)(2) of the ‘‘(D) Outreach activities that are intended to Act (42 U.S.C. 300ff–15(a)) is amended— Public Health Service Act (42 U.S.C. 300ff– identify individuals with HIV disease who are (1) by redesignating paragraphs (3) through 13(b)(2)) is amended— not receiving HIV-related services, and that (6) as paragraphs (4) through (7), respectively; (1) in the heading for the paragraph, by strik- are— and ing ‘‘DEFINITION’’ and inserting ‘‘AMOUNT OF ‘‘(i) necessary to implement the strategy under (2) by inserting after paragraph (2) the fol- GRANT’’; section 2602(b)(4)(D), including activities facili- lowing paragraph: (2) by redesignating subparagraphs (A) tating the access of such individuals to HIV-re- ‘‘(3) that entities within the eligible area that through (C) as subparagraphs (B) through (D), lated primary care services at entities described receive funds under a grant under section respectively; in paragraph (3); 2601(a) will maintain relationships with appro- (3) by inserting before subparagraph (B) (as ‘‘(ii) conducted in a manner consistent with priate entities in the area, including entities de- so redesignated) the following subparagraph: the requirements under sections 2605(a)(3) and scribed in section 2604(b)(3);’’. ‘‘(A) IN GENERAL.—The amount of each grant 2651(b)(2); and SEC. 123. REVIEW OF ADMINISTRATIVE COSTS made for purposes of this subsection shall be de- ‘‘(iii) supplement, and do not supplant, such AND COMPENSATION. termined by the Secretary based on a weighting activities that are carried out with amounts ap- Each chief elected official of an eligible area of factors under paragraph (1), with severe need propriated under section 317.’’. (as defined in section 2607 of the Public Health

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Service Act) shall ensure that, not later than ‘‘(1) REQUIREMENT.—Each State that receives (A) by striking ‘‘comprehensive plan for the one year after the date of the enactment of this a grant under this part shall provide for the es- organization’’ and inserting ‘‘comprehensive Act, the planning council for the eligible area— tablishment of a quality management program plan that describes the organization’’; (1) conducts a review of the existing, available to assess the extent to which HIV health serv- (B) by striking ‘‘, including—’’ and inserting data on the extent to which entities in the area ices provided to patients under the grant are ‘‘, and that—’’; that receive amounts from a grant under section consistent with the most recent Public Health (C) by redesignating subparagraphs (A) 2601(a) of the Public Health Service Act have Service guidelines for the treatment of HIV dis- through (C) as subparagraphs (D) through (F), from their overall budget expended amounts for ease and related opportunistic infection, and as respectively; administrative costs (including financial com- applicable, to develop strategies for ensuring (D) by inserting before subparagraph (C) the pensation and benefits), expressed as a propor- that such services are consistent with the guide- following subparagraphs: tion and indicating the growth in such expendi- lines. ‘‘(A) establishes priorities for the allocation of tures, including a statement of the average ‘‘(2) USE OF FUNDS.—From amounts received funds within the State based on— amount expended for such costs per client under a grant awarded under this part for a fis- ‘‘(i) size and demographics of the population served and the average amount expended for cal year, the State may (in addition to amounts of individuals with HIV disease (as determined such costs per client served in providing HIV-re- to which section 2618(c)(5) applies) use for ac- under paragraph (2)) and the needs of such lated services; and tivities associated with the quality management population (as determined under paragraph (3)); (2) makes a determination of whether the fi- program required in paragraph (1) not more ‘‘(ii) availability of other governmental and nancial compensation of any officers or employ- than the lesser of— nongovernmental resources to provide HIV-re- ees of such entities exceeds that of the chief ‘‘(A) 5 percent of amounts received under the lated services to individuals and families with elected official of the eligible area. grant; or HIV disease; TITLE II—CARE GRANT PROGRAM ‘‘(B) $3,000,000.’’. ‘‘(iii) capacity development needs resulting Subtitle A—General Grant Provisions SEC. 203. GRANTS TO ESTABLISH HIV CARE CON- from disparities in the availability of HIV-re- SORTIA. lated services in historically underserved com- SEC. 201. PRIORITY FOR WOMEN, INFANTS, AND Section 2613 of the Public Health Service Act munities and rural communities; and CHILDREN. (42 U.S.C. 300ff–23) is amended— ‘‘(iv) the efficiency of the administrative Section 2611(b) of the Public Health Service (1) in subsection (b)(1)— mechanism of the State for rapidly allocating Act (42 U.S.C. 300ff–21(b)) is amended by insert- (A) in subparagraph (A), by inserting before funds to the areas of greatest need within the ing ‘‘youth,’’ after ‘‘children,’’ each place such the semicolon the following: ‘‘, particularly State; term appears. those experiencing disparities in access and ‘‘(B) includes a strategy for identifying indi- SEC. 202. USE OF GRANTS. services and those who reside in historically un- viduals with HIV disease who are not receiving Section 2612 of the Public Health Service Act derserved communities’’; and such services and for informing the individuals (42 U.S.C. 300ff–22) is amended— (B) in subparagraph (B), by inserting after of and enabling the individuals to utilize the (1) by striking ‘‘A State may use’’ and insert- ‘‘by such consortium’’ the following: ‘‘is con- services, giving particular attention to elimi- ing ‘‘(a) IN GENERAL.—A State may use’’; and sistent with the comprehensive plan under nating disparities in access and services among (2) by adding at the end the following sub- 2617(b)(4) and’’; affected subpopulations and historically under- sections: (2) in subsection (c)(1)— served communities, and including discrete ‘‘(b) SUPPORT SERVICES; OUTREACH.—The pur- (A) in subparagraph (D), by striking ‘‘and’’ goals, a timetable, and an appropriate alloca- poses for which a grant under this part may be after the semicolon at the end; tion of funds; used include delivering or enhancing the fol- (B) in subparagraph (E), by striking the pe- ‘‘(C) includes a strategy to coordinate the pro- lowing: riod and inserting ‘‘; and’’; vision of such services with programs for HIV ‘‘(1) Support services under section 2611(a) (C) by adding at the end the following sub- prevention and for the prevention and treatment (including case management) to the extent that paragraph: of substance abuse, including programs that such services facilitate, support, or sustain the ‘‘(F) demonstrates that adequate planning oc- provide comprehensive treatment services for delivery, or benefits of health services for indi- curred to address disparities in access and serv- such abuse;’’; viduals and families with HIV disease. ices and historically underserved communities.’’; (E) in subparagraph (D) (as redesignated by ‘‘(2) Outreach activities that are intended to and subparagraph (C) of this paragraph), by insert- identify individuals with HIV disease who are (3) in subsection (c)(2)— ing ‘‘describes’’ before ‘‘the services and activi- not receiving HIV-related services, and that (A) in subparagraph (B), by striking ‘‘and’’ ties’’; are— after the semicolon; (F) in subparagraph (E) (as so redesignated), ‘‘(A) necessary to implement the strategy (B) in subparagraph (C), by striking the pe- by inserting ‘‘provides’’ before ‘‘a description’’; under section 2617(b)(4)(B); riod and inserting ‘‘; and’’; and ‘‘(B) conducted in a manner consistent with and (C) by inserting after subparagraph (C) the the requirement under section 2617(b)(6)(G); and (G) in subparagraph (F) (as so redesignated), following subparagraph: ‘‘(C) supplement, and do not supplant, such by inserting ‘‘provides’’ before ‘‘a description’’. ‘‘(D) entities described in section 2602(b)(2).’’. activities that are carried out with amounts ap- (b) PUBLIC PARTICIPATION.—Section 2617(b) of propriated under section 317. SEC. 204. PROVISION OF TREATMENTS. the Public Health Service Act, as amended by ‘‘(c) EARLY INTERVENTION SERVICES.— Section 2616 of the Public Health Service Act subsection (a) of this section, is amended— ‘‘(1) IN GENERAL.—The purposes for which a (42 U.S.C. 300ff–26) is amended by adding at the (1) in paragraph (5), by striking ‘‘HIV’’ and grant under this part may be used include pro- end the following subsection: inserting ‘‘HIV disease’’; and viding to individuals with HIV disease early ‘‘(e) USE OF HEALTH INSURANCE AND PLANS.— (2) in paragraph (6), by amending subpara- intervention services described in section In carrying out subsection (a), a State may ex- graph (A) to read as follows: 2651(b)(2) (including referrals under subpara- pend a grant under this part to provide the ‘‘(A) the public health agency that is admin- graph (C) of such section), subject to paragraph therapeutics described in such subsection by istering the grant for the State engages in a (2). The entities through which such services paying on behalf of individuals with HIV dis- public advisory planning process, including may be provided under the grant include public ease the costs of purchasing or maintaining public hearings, that includes the participants health departments, emergency rooms, substance health insurance or plans whose coverage in- under paragraph (5), and entities described in abuse and mental health treatment programs, cludes a full range of such therapeutics and ap- section 2602(b)(2), in developing the comprehen- detoxification centers, detention facilities, clin- propriate primary care services.’’. sive plan under paragraph (4) and commenting ics regarding sexually transmitted diseases, SEC. 205. STATE APPLICATION. on the implementation of such plan;’’. homeless shelters, HIV disease counseling and (a) DETERMINATION OF SIZE AND NEEDS OF (c) HEALTH CARE RELATIONSHIPS.—Section testing sites, health care points of entry speci- POPULATION; COMPREHENSIVE PLAN.—Section 2617(b) of the Public Health Service Act, as fied by States or eligible areas, federally quali- 2617(b) of the Public Health Service Act (42 amended by subsection (a) of this section, is fied health centers, and entities described in sec- U.S.C. 300ff–27(b)) is amended— amended in paragraph (6)— tion 2652(a). (1) by redesignating paragraphs (2) through (1) in subparagraph (E), by striking ‘‘and’’ at ‘‘(2) CONDITIONS.—With respect to an entity (4) as paragraphs (4) through (6), respectively; the end; that proposes to provide early intervention serv- (2) by inserting after paragraph (1) the fol- (2) in subparagraph (F), by striking the period ices under paragraph (1), such paragraph ap- lowing paragraphs: and inserting ‘‘; and’’; and plies only if the entity demonstrates to the satis- ‘‘(2) a determination of the size and demo- (3) by adding at the end the following sub- faction of the State involved that— graphics of the population of individuals with paragraph: ‘‘(A) Federal, State, or local funds are other- HIV disease in the State; ‘‘(G) entities within areas in which activities wise inadequate for the early intervention serv- ‘‘(3) a determination of the needs of such pop- under the grant are carried out will maintain ices the entity proposes to provide; and ulation, with particular attention to— relationships with appropriate entities in the ‘‘(B) the entity will expend funds pursuant to ‘‘(A) individuals with HIV disease who are area, including entities described in section such paragraph to supplement and not supplant not receiving HIV-related services; and 2612(c);’’. other funds available to the entity for the provi- ‘‘(B) disparities in access and services among SEC. 206. DISTRIBUTION OF FUNDS. sion of early intervention services for the fiscal affected subpopulations and historically under- (a) MINIMUM ALLOTMENT.— Section year involved. served communities;’’; and 2618(b)(1)(A)(i) of the Public Health Service Act ‘‘(d) QUALITY MANAGEMENT.— (3) in paragraph (4) (as so redesignated)— (42 U.S.C. 300ff–28(b)(1)(A)(i)) is amended—

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(1) in subclause (I), by striking ‘‘$100,000’’ and as amended by subsection (b)(3) of this section, ‘‘(c) APPLICATION.—A grant under subsection inserting ‘‘$200,000’’; and is amended in subparagraph (I)— (a) may be made to a State if the State submits (2) in subclause (II), by striking ‘‘$250,000’’ (1) by redesignating clauses (i) and (ii) as sub- to the Secretary, as part of the State application and inserting ‘‘$500,000’’. clauses (I) and (II), respectively; submitted under section 2617, such information (b) AMOUNT OF GRANT; ESTIMATE OF LIVING (2) by striking ‘‘(I) APPROPRIATIONS’’ and all as required to apply for funds under this section CASES.—Section 2618(b)(2) of the Public Health that follows through ‘‘With respect to’’ and in- as determined by the Secretary in consultation Service Act (42 U.S.C. 300ff–28(b)(2)) is serting the following: with the States. amended— ‘‘(I) APPROPRIATIONS FOR TREATMENT DRUG ‘‘(d) FUNDING.— (1) in subparagraph (D)(i), by inserting before PROGRAM.— ‘‘(1) IN GENERAL.—For the purpose of making the semicolon the following: ‘‘, except that (sub- ‘‘(i) FORMULA GRANTS.—With respect to’’; grants under subsection (a) for a fiscal year, the ject to subparagraph (E)), for grants made pur- (3) in subclause (I) of clause (i) (as designated Secretary shall reserve 50 percent of the amount suant to this paragraph for fiscal year 2005 and by paragraphs (1) and (2)), by striking ‘‘100 per- specified in paragraph (2). subsequent fiscal years, the cases counted for cent’’ and inserting ‘‘98 percent’’; and ‘‘(2) INCREASES IN PART B FUNDING.— each 12-month period beginning on or after July (4) by adding at the end the following clause: ‘‘(A) IN GENERAL.—For purposes of paragraph 1, 2004, shall be cases of HIV disease (as re- ‘‘(ii) SUPPLEMENTAL TREATMENT DRUG (1), the amount specified in this paragraph is ported to and confirmed by such Director) rath- GRANTS.— the amount by which the amount appropriated er than cases of acquired immune deficiency ‘‘(I) IN GENERAL.—With respect to the fiscal under section 2677 for the fiscal year involved syndrome’’; year involved, if under section 2677 an appro- and available for carrying out part B is an in- (2) by redesignating subparagraphs (E) priations Act provides an amount exclusively for crease over the amount so appropriated and through (H) as subparagraphs (F) through (I), carrying out section 2616, and such amount is available for the preceding fiscal year, subject to respectively; and not less than the amount so provided for the subparagraphs (B) and (C). (3) by inserting after subparagraph (D) the preceding fiscal year, the Secretary shall reserve ‘‘(B) INITIAL ALLOCATION YEAR.—The alloca- following subparagraph: 2 percent of such amount for making grants to tion under paragraph (1) shall not be made ‘‘(E) DETERMINATION OF SECRETARY REGARD- States whose population of individuals with until the first fiscal year for which the amount ING DATA ON HIV CASES.—If under HIV disease has, as determined by the Sec- appropriated under section 2677 for the fiscal 2603(a)(3)(D)(i) the Secretary determines that retary, a need for quantities of therapeutics de- year involved and available for carrying out data on cases of HIV disease is not sufficiently scribed in section 2616(a) greater than the quan- part B is an increase of not less than $20,000,000 accurate and reliable, then notwithstanding tities available pursuant to clause (i). Such a over the amount so appropriated and available subparagraph (D) of this paragraph, for any grant is available for purposes of obtaining such for fiscal year 2000, subject to subparagraph (C). fiscal year prior to fiscal year 2007 the ref- therapeutics. The Secretary shall carry out this ‘‘(C) EXCLUSION REGARDING SEPARATE TREAT- erences in such subparagraph to cases of HIV clause as a program of discretionary grants, and MENT DRUG GRANTS.—Each determination under disease do not have any legal effect.’’. not as a program of formula grants. subparagraph (A) or (B) of the amount appro- (c) INCREASES IN FORMULA AMOUNT.—Section ‘‘(II) DISTRIBUTION OF GRANTS.—The Sec- priated under section 2677 for a fiscal year and 2618(b) of the Public Health Service Act (42 retary shall disburse all amounts under grants available for carrying out part B shall be made U.S.C. 300ff–28(b)) is amended— under subclause (I) for a fiscal year not later without regard to any amount to which section (1) in paragraph (1)(A)(ii), by inserting before than 240 days after the date on which the 2618(b)(2)(I)(i) applies.’’. the semicolon the following: ‘‘and then, as ap- amount referred to in such subclause with re- Subtitle B—Provisions Concerning Pregnancy plicable, increased under paragraph (2)(H)’’; spect to section 2616 becomes available. and Perinatal Transmission of HIV and ‘‘(III) REQUIREMENT OF MATCHING FUNDS.—A SEC. 211. REPEALS. (2) in paragraph (2)— condition for receiving a grant under subclause Subpart II of part B of title XXVI of the Pub- (A) in subparagraph (A)(i), by striking ‘‘sub- (I) is that the State agree to make available (di- lic Health Service Act (42 U.S.C. 300ff–33 et seq.) paragraph (H)’’ and inserting ‘‘subparagraphs rectly or through donations from public or pri- is amended— (H) and (I)’’; and vate entities) non-Federal contributions toward (1) in section 2626, by striking each of sub- (B) in subparagraph (H) (as redesignated by the costs of obtaining the therapeutics involved sections (d) through (f); and subsection (b)(2) of this section), by amending in an amount that is not less than 25 percent of (2) by striking section 2627. the subparagraph to read as follows: such costs (determined in the same manner as ‘‘(H) LIMITATION.— under 2617(d)(2)(A)).’’. SEC. 212. GRANTS. ‘‘(i) IN GENERAL.—The Secretary shall ensure (f) TECHNICAL AMENDMENT.—Section (a) IN GENERAL.—Section 2625(c) of the Public that the amount of a grant awarded to a State 2618(b)(3)(B) of the Public Health Service Act Health Service Act (42 U.S.C. 300ff–33) is or territory under section 2611 for a fiscal year (42 U.S.C. 300ff–28(b)(3)(B)) is amended by strik- amended— is not less than— ing ‘‘and the Republic of the Marshall Islands’’ (1) in paragraph (1), by inserting at the end ‘‘(I) with respect to fiscal year 2001, 99 per- and inserting ‘‘the Republic of the Marshall Is- the following subparagraph: cent; lands, the Federated States of Micronesia, and ‘‘(F) Making available to pregnant women ‘‘(II) with respect to fiscal year 2002, 98 per- the Republic of Palau, and only for purposes of with HIV disease, and to the infants of women cent; paragraph (1) the Commonwealth of Puerto with such disease, treatment services for such ‘‘(III) with respect to fiscal year 2003, 97 per- Rico’’. disease in accordance with applicable rec- cent; ommendations of the Secretary.’’; ‘‘(IV) with respect to fiscal year 2004, 96 per- SEC. 207. SUPPLEMENTAL GRANTS FOR CERTAIN (2) by amending paragraph (2) to read as fol- STATES. cent; and lows: Subpart I of part B of title XXVI of the Public ‘‘(V) with respect to fiscal year 2005, 95 per- ‘‘(2) FUNDING.— Health Service Act (42 U.S.C. 300ff–11 et seq.) is cent; ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— of the amount such State or territory received amended— For the purpose of carrying out this subsection, for fiscal year 2000 under such section. In ad- (1) by striking section 2621; and there are authorized to be appropriated ministering this subparagraph, the Secretary (2) by inserting after section 2620 the fol- $30,000,000 for each of the fiscal years 2001 shall, with respect to States or territories that lowing section: through 2005. Amounts made available under will under such section receive grants in ‘‘SEC. 2621. SUPPLEMENTAL GRANTS. section 2677 for carrying out this part are not amounts that exceed the amounts that such ‘‘(a) IN GENERAL.—From amounts available available for carrying out this section unless States received under such section for fiscal pursuant to subsection (d) for a fiscal year, the otherwise authorized. year 2000, proportionally reduce such amounts Secretary shall make grants to States that meet ‘‘(B) ALLOCATIONS FOR CERTAIN STATES.— to ensure compliance with this subparagraph. the conditions to receive grants under section ‘‘(i) IN GENERAL.—Of the amounts appro- In making such reductions, the Secretary shall 2611, and that have one or more eligible commu- priated under subparagraph (A) for a fiscal year ensure that no such State receives less than that nities, for the purpose of providing in such com- in excess of $10,000,000, the Secretary shall re- State received for fiscal year 2000. munities comprehensive services of the type de- serve the applicable percentage under clause (ii) ‘‘(ii) RATABLE REDUCTION.—If the amount ap- scribed in section 2612(a) to supplement the de- for making grants under paragraph (1) to States propriated under section 2677 for a fiscal year velopment and care activities, primary care, and that under law (including under regulations or and available for grants under section 2611 is support services otherwise provided in such com- the discretion of State officials) have— less than the amount appropriated and avail- munities by the State under a grant under sec- ‘‘(I) a requirement that all newborn infants able under such section for fiscal year 2000, the tion 2611. born in the State be tested for HIV disease; or limitation contained in clause (i) shall be re- ‘‘(b) ELIGIBLE COMMUNITY.—For purposes of ‘‘(II) a requirement that newborn infants born duced by a percentage equal to the percentage this section, the term ‘eligible community’ means in the State be tested for HIV disease in cir- of the reduction in such amounts appropriated a geographic area that— cumstances in which the attending obstetrician and available.’’. ‘‘(1) is not within any eligible area as defined for the birth does not know the HIV status of (d) TERRITORIES.—Section 2618(b)(1)(B) of the in section 2607; and the mother of the infant. Public Health Service Act (42 U.S.C. 300ff– ‘‘(2) has a severe need for supplemental finan- ‘‘(ii) APPLICABLE PERCENTAGE.—For purposes 28(b)(1)(B)) is amended by inserting ‘‘the greater cial assistance to combat the HIV epidemic, ac- of clause (i), the applicable amount for a fiscal of $50,000 or’’ after ‘‘shall be’’. cording to criteria developed by the Secretary in year is as follows: (e) SEPARATE TREATMENT DRUG GRANTS.—Sec- consultation with the States, including evidence ‘‘(I) For fiscal year 2001, 25 percent. tion 2618(b)(2) of the Public Health Service Act, of underserved or rural areas or both. ‘‘(II) For fiscal year 2002, 50 percent.

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00188 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JY7.160 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6967 ‘‘(III) For fiscal year 2003, 50 percent. another appropriate public or nonprofit private gram. This subparagraph may not be construed ‘‘(IV) For fiscal year 2004, 75 percent. entity to conduct the study. as affecting the requirement of subparagraph ‘‘(V) For fiscal year 2005, 75 percent. ‘‘(2) REPORT.—The Secretary shall ensure (A) with respect to a health entity that treats an ‘‘(C) CERTAIN PROVISIONS.—With respect to that, not later than 18 months after the effective individual for HIV disease. grants under paragraph (1) that are made with date of this section, the study required in para- ‘‘(3) The program under paragraph (1) is car- amounts reserved under subparagraph (B) of graph (1) is completed and a report describing ried out in accordance with the following: this paragraph: the findings made in the study is submitted to ‘‘(A) Partners are provided with an appro- ‘‘(i) Such a grant may not be made in an the appropriate committees of the Congress, the priate opportunity to learn that the partners amount exceeding $4,000,000. Secretary, and the chief public health official of have been exposed to HIV disease, subject to ‘‘(ii) If pursuant to clause (i) or pursuant to each of the States. subparagraph (B). an insufficient number of qualifying applica- ‘‘(b) PROGRESS TOWARD RECOMMENDATIONS.— ‘‘(B) The State does not inform partners of the tions for such grants (or both), the full amount Each State shall comply with the following (as identity of the infected individuals involved. reserved under subparagraph (B) for a fiscal applicable to the fiscal year involved): year is not obligated, the requirement under ‘‘(1) For fiscal year 2004, the State shall sub- ‘‘(C) Counseling and testing for HIV disease such subparagraph to reserve amounts ceases to mit to the Secretary a report describing the ac- are made available to the partners and to in- apply.’’; and tions taken by the State toward meeting the rec- fected individuals, and such counseling includes (3) by adding at the end the following para- ommendations specified for the State under sub- information on modes of transmission for the graph: section (a)(1)(C). disease, including information on prenatal and ‘‘(4) MAINTENANCE OF EFFORT.—A condition ‘‘(2) For fiscal year 2005 and each subsequent perinatal transmission and preventing trans- for the receipt of a grant under paragraph (1) is fiscal year— mission. that the State involved agree that the grant will ‘‘(A) the State shall make reasonable progress ‘‘(D) Counseling of infected individuals and be used to supplement and not supplant other toward meeting such recommendations; or their partners includes the provision of informa- funds available to the State to carry out the ‘‘(B) if the State has not made such progress— tion regarding therapeutic measures for pre- purposes of the grant.’’. ‘‘(i) the State shall cooperate with the Direc- venting and treating the deterioration of the im- (b) SPECIAL FUNDING RULE FOR FISCAL YEAR tor of the Centers for Disease Control and Pre- mune system and conditions arising from the 2001.— vention in carrying out activities toward meet- disease, and the provision of other prevention- (1) IN GENERAL.—If for fiscal year 2001 the ing the recommendations; and related information. amount appropriated under paragraph (2)(A) of ‘‘(ii) the State shall submit to the Secretary a ‘‘(E) Referrals for appropriate services are section 2625(c) of the Public Health Service Act report containing a description of any barriers provided to partners and infected individuals, is less than $14,000,000— identified under subsection (a)(1)(B) that con- including referrals for support services and legal (A) the Secretary of Health and Human Serv- tinue to exist in the State; as applicable, the aid. ices shall, for the purpose of making grants factors underlying the continued existence of ‘‘(F) Notifications under subparagraph (A) under paragraph (1) of such section, reserve such barriers; and a description of how the are provided in person, unless doing so is an un- from the amount specified in paragraph (2) of State intends to reduce the incidence of cases of reasonable burden on the State. this subsection an amount equal to the dif- the perinatal transmission of HIV. ‘‘(G) There is no criminal or civil penalty on, ference between $14,000,000 and the amount ap- ‘‘(c) SUBMISSION OF REPORTS TO CONGRESS.— or civil liability for, an infected individual if the propriated under paragraph (2)(A) of such sec- The Secretary shall submit to the appropriate individual chooses not to identify the partners tion for such fiscal year; committees of the Congress each report received of the individual, or the individual does not oth- (B) the amount so reserved shall, for purposes by the Secretary under subsection erwise cooperate with such program. of paragraph (2)(B)(i) of such section, be con- (b)(2)(B)(ii).’’. sidered to have been appropriated under para- ‘‘(H) The failure of the State to notify part- Subtitle C—Certain Partner Notification ners is not a basis for the civil liability of any graph (2)(A) of such section; and Programs (C) the percentage specified in paragraph health entity who under the program reported (2)(B)(ii)(I) of such section is deemed to be 50 SEC. 221. GRANTS FOR COMPLIANT PARTNER NO- to the State the identity of the infected indi- percent. TIFICATION PROGRAMS. vidual involved. Part B of title XXVI of the Public Health (2) ALLOCATION FROM INCREASES IN FUNDING ‘‘(I) The State provides that the provisions of Service Act (42 U.S.C. 300ff–21 et seq.) is amend- FOR PART B.—For purposes of paragraph (1), the the program may not be construed as prohib- amount specified in this paragraph is the ed by adding at the end the following subpart: iting the State from providing a notification amount by which the amount appropriated ‘‘Subpart III—Certain Partner Notification under subparagraph (A) without the consent of under section 2677 of the Public Health Service Programs the infected individual involved. Act for fiscal year 2001 and available for grants ‘‘SEC. 2631. GRANTS FOR PARTNER NOTIFICATION ‘‘(4) The State annually reports to the Direc- under section 2611 of such Act is an increase PROGRAMS. tor of the Centers for Disease Control and Pre- over the amount so appropriated and available ‘‘(a) IN GENERAL.—In the case of States whose vention the number of individuals from whom for fiscal year 2000. laws or regulations are in accordance with sub- the names of partners have been sought under SEC. 213. STUDY BY INSTITUTE OF MEDICINE. section (b), the Secretary, subject to subsection the program under paragraph (1), the number of Subpart II of part B of title XXVI of the Pub- (c)(2), may make grants to the States for car- such individuals who provided the names of lic Health Service Act (42 U.S.C. 300ff–33 et seq.) rying out programs to provide partner coun- partners, and the number of partners so named is amended by adding at the end the following seling and referral services. who were notified under the program. section: ‘‘(b) DESCRIPTION OF COMPLIANT STATE PRO- ‘‘(5) The State cooperates with such Director ‘‘SEC. 2630. RECOMMENDATIONS FOR REDUCING GRAMS.—For purposes of subsection (a), the in carrying out a national program of partner INCIDENCE OF PERINATAL TRANS- laws or regulations of a State are in accordance notification, including the sharing of informa- MISSION. with this subsection if under such laws or regu- tion between the public health officers of the ‘‘(a) STUDY BY INSTITUTE OF MEDICINE.— lations (including programs carried out pursu- States. ‘‘(1) IN GENERAL.—The Secretary shall request ant to the discretion of State officials) the fol- ‘‘(c) REPORTING SYSTEM FOR CASES OF HIV the Institute of Medicine to enter into an agree- lowing policies are in effect: DISEASE.— ment with the Secretary under which such Insti- ‘‘(1) The State requires that the public health tute conducts a study to provide the following: officer of the State carry out a program of part- ‘‘(1) PREFERENCE IN MAKING GRANTS THROUGH ‘‘(A) For the most recent fiscal year for which ner notification to inform partners of individ- FISCAL YEAR 2003.—In making grants under sub- the information is available, a determination of uals with HIV disease that the partners may section (a) for each of the fiscal years 2001 the number of newborn infants with HIV born have been exposed to the disease. through 2003, the Secretary shall give preference in the United States with respect to whom the ‘‘(2)(A) In the case of a health entity that pro- to States whose reporting systems for cases of attending obstetrician for the birth did not vides for the performance on an individual of a HIV disease produce data on such cases that is know the HIV status of the mother. test for HIV disease, or that treats the indi- sufficiently accurate and reliable for use for ‘‘(B) A determination for each State of any vidual for the disease, the State requires, subject purposes of section 2618(b)(2)(D)(i). barriers, including legal barriers, that prevent to subparagraph (B), that the entity confiden- ‘‘(2) ELIGIBILITY CONDITION AFTER FISCAL or discourage an obstetrician from making it a tially report the positive test results to the State YEAR 2003.—For fiscal year 2004 and subsequent routine practice to offer pregnant women an public health officer in a manner recommended fiscal years, a State may not receive a grant HIV test and a routine practice to test newborn and approved by the Director of the Centers for under subsection (a) unless the reporting system infants for HIV disease in circumstances in Disease Control and Prevention, together with of the State for cases of HIV disease produces which the obstetrician does not know the HIV such additional information as may be nec- data on such cases that is sufficiently accurate status of the mother of the infant. essary for carrying out such program. and reliable for purposes of section ‘‘(C) Recommendations for each State for re- ‘‘(B) The State may provide that the require- 2618(b)(2)(D)(i). ducing the incidence of cases of the perinatal ment of subparagraph (A) does not apply to the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— transmission of HIV, including recommenda- testing of an individual for HIV disease if the For the purpose of carrying out this section, tions on removing the barriers identified under individual underwent the testing through a pro- there are authorized to be appropriated subparagraph (B). gram designed to perform the test and provide $30,000,000 for fiscal year 2001, and such sums as If such Institute declines to conduct the study, the results to the individual without the indi- may be necessary for each of the fiscal years the Secretary shall enter into an agreement with vidual disclosing his or her identity to the pro- 2002 through 2005.’’.

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00189 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JY7.160 pfrm02 PsN: H25PT1 H6968 CONGRESSIONAL RECORD — HOUSE July 25, 2000 TITLE III—EARLY INTERVENTION their sexual partners and their partners in the (D) by adding at the end the following: SERVICES sharing of hypodermic needles; that provides ‘‘(D) to develop protocols for the medical care Subtitle A—Formula Grants for States advice to infected individuals on the manner in of women with HIV disease, including prenatal which such disclosures can be made; and that and other gynecological care for such women.’’. SEC. 301. REPEAL OF PROGRAM. emphasizes that it is the continuing duty of the (2) DISSEMINATION OF TREATMENT GUIDELINES; Subpart I of part C of title XXVI of the Public individuals to avoid any behaviors that will ex- MEDICAL CONSULTATION ACTIVITIES.—Not later Health Service Act (42 U.S.C. 300ff–41 et seq.) is pose others to HIV; than 90 days after the date of the enactment of repealed. SEC. 322. ADDITIONAL REQUIRED AGREEMENTS. this Act, the Secretary of Health and Human Subtitle B—Categorical Grants Section 2664(g) of the Public Health Service Services shall issue and begin implementation of SEC. 311. PREFERENCES IN MAKING GRANTS. Act (42 U.S.C. 300ff–64(g)) is amended— a strategy for the dissemination of HIV treat- Section 2653 of the Public Health Service Act (1) in paragraph (3)— ment information to health care providers and (42 U.S.C. 300ff–53) is amended by adding at the (A) by striking ‘‘7.5 percent’’ and inserting patients. end the following subsection: ‘‘10 percent’’; and (b) DENTAL SCHOOLS.—Section 2692(b) of the ‘‘(d) UNDERSERVED AND RURAL AREAS.—Of (B) by striking ‘‘and’’ after the semicolon at Public Health Service Act (42 U.S.C. 300ff– the applicants who qualify for preference under the end; 111(b)) is amended— this section, the Secretary shall give preference (2) in paragraph (4), by striking the period (1) by amending paragraph (1) to read as fol- to applicants that will expend the grant under and inserting ‘‘; and’’; and lows: section 2651 to provide early intervention under (3) by adding at the end the following para- ‘‘(1) IN GENERAL.— such section in rural areas or in areas that are graph: ‘‘(A) GRANTS.—The Secretary may make underserved with respect to such services.’’. ‘‘(5) the applicant will provide for the estab- grants to dental schools and programs described SEC. 312. PLANNING AND DEVELOPMENT lishment of a quality management program to in subparagraph (B) to assist such schools and GRANTS. assess the extent to which medical services fund- programs with respect to oral health care to pa- (a) IN GENERAL.—Section 2654(c)(1) of the ed under this title that are provided to patients tients with HIV disease. Public Health Service Act (42 U.S.C. 300ff– are consistent with the most recent Public ‘‘(B) ELIGIBLE APPLICANTS.—For purposes of 54(c)(1)) is amended by striking ‘‘planning Health Service guidelines for the treatment of this subsection, the dental schools and programs grants’’ and all that follows and inserting the HIV disease and related opportunistic infections referred to in this subparagraph are dental following: ‘‘planning grants to public and non- and that improvements in the access to and schools and programs that were described in sec- profit private entities for purposes of— quality of medical services are addressed.’’. tion 777(b)(4)(B) as such section was in effect on ‘‘(A) enabling such entities to provide HIV the day before the date of enactment of the TITLE IV—OTHER PROGRAMS AND early intervention services; and Health Professions Education Partnerships Act ACTIVITIES ‘‘(B) assisting the entities in expanding their of 1998 (Public Law 105–392) and in addition capacity to provide HIV-related health services, Subtitle A—Certain Programs for Research, dental hygiene programs that are accredited by including early intervention services, in low-in- Demonstrations, or Training the Commission on Dental Accreditation.’’; come communities and affected subpopulations SEC. 401. GRANTS FOR COORDINATED SERVICES (2) in paragraph (2), by striking that are underserved with respect to such serv- AND ACCESS TO RESEARCH FOR ‘‘777(b)(4)(B)’’ and inserting ‘‘the section re- ices (subject to the condition that a grant pursu- WOMEN, INFANTS, CHILDREN, AND ferred to in paragraph (1)(B)’’; and ant to this subparagraph may not be expended YOUTH. (3) by inserting after paragraph (4) the fol- to purchase or improve land, or to purchase, Section 2671 of the Public Health Service Act lowing paragraph: construct, or permanently improve, other than (42 U.S.C. 300ff–71) is amended— ‘‘(5) COMMUNITY-BASED CARE.—The Secretary minor remodeling, any building or other facil- (1) in subsection (b)— may make grants to dental schools and pro- ity).’’. (A) in paragraph (1), by striking subpara- grams described in paragraph (1)(B) that part- (b) AMOUNT; DURATION.—Section 2654(c) of graphs (C) and (D) and inserting the following: ner with community-based dentists to provide the Public Health Service Act (42 U.S.C. 300ff– ‘‘(C) The applicant will demonstrate linkages oral health care to patients with HIV disease in 54(c)) is further amended— to research and how access to such research is unserved areas. Such partnerships shall permit (1) by redesignating paragraph (4) as para- being offered to patients.’’; and the training of dental students and residents graph (5); and (B) by striking paragraphs (3) and (4); and the participation of community dentists as (2) by inserting after paragraph (3) the fol- (2) in subsection (g), by adding at the end the adjunct faculty.’’. following: ‘‘In addition, the Secretary, in co- lowing: (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) AMOUNT AND DURATION OF GRANTS.— ordination with the Director of such Institutes, (1) SCHOOLS; CENTERS.—Section 2692(c)(1) of ‘‘(A) EARLY INTERVENTION SERVICES.—A grant shall examine the distribution and availability the Public Health Service Act (42 U.S.C. 300ff– under paragraph (1)(A) may be made in an of appropriate HIV-related research projects 111(c)(1)) is amended by striking ‘‘fiscal years amount not to exceed $50,000. with respect to grantees under subsection (a) for 1996 through 2000’’ and inserting ‘‘fiscal years ‘‘(B) CAPACITY DEVELOPMENT.— purposes of enhancing and expanding HIV-re- 2001 through 2005’’. ‘‘(i) AMOUNT.—A grant under paragraph lated research, especially within communities (2) DENTAL SCHOOLS.—Section 2692(c)(2) of the (1)(B) may be made in an amount not to exceed that are underrepresented with respect to such Public Health Service Act (42 U.S.C. 300ff– $150,000. projects.’’; 111(c)(2)) is amended to read as follows: ‘‘(ii) DURATION.—The total duration of a (3) in subsection (f)— ‘‘(2) DENTAL SCHOOLS.— grant under paragraph (1)(B), including any re- (A) by striking the subsection heading and ‘‘(A) IN GENERAL.—For the purpose of grants newal, may not exceed 3 years.’’. designation and inserting the following: under paragraphs (1) through (4) of subsection (c) INCREASE IN LIMITATION.—Section ‘‘(f) ADMINISTRATION.— (b), there are authorized to be appropriated 2654(c)(5) of the Public Health Service Act (42 ‘‘(1) APPLICATION.—’’; and such sums as may be necessary for each of the U.S.C. 300ff–54(c)(5)), as redesignated by sub- (B) by adding at the end the following para- fiscal years 2001 through 2005. section (b), is amended by striking ‘‘1 percent’’ graph: ‘‘(B) COMMUNITY-BASED CARE.—For the pur- and inserting ‘‘5 percent’’. ‘‘(2) QUALITY MANAGEMENT PROGRAM.—A pose of grants under subsection (b)(5), there are SEC. 313. AUTHORIZATION OF APPROPRIATIONS. grantee under this section shall implement a authorized to be appropriated such sums as may Section 2655 of the Public Health Service Act quality management program.’’; and be necessary for each of the fiscal years 2001 (42 U.S.C. 300ff–55) is amended by striking ‘‘in (4) in subsection (j), by striking ‘‘1996 through through 2005.’’. each of’’ and all that follows and inserting ‘‘for 2000’’ and inserting ‘‘2001 through 2005’’. Subtitle B—General Provisions in Title XXVI each of the fiscal years 2001 through 2005.’’. SEC. 402. AIDS EDUCATION AND TRAINING CEN- Subtitle C—General Provisions TERS. SEC. 411. EVALUATIONS AND REPORTS. Section 2674(c) of the Public Health Service SEC. 321. PROVISION OF CERTAIN COUNSELING (a) SCHOOLS; CENTERS.— SERVICES. (1) IN GENERAL.—Section 2692(a)(1) of the Act (42 U.S.C. 300ff–74(c)) is amended by strik- Section 2662(c)(3) of the Public Health Service Public Health Service Act (42 U.S.C. 300ff– ing ‘‘1991 through 1995’’ and inserting ‘‘2001 Act (42 U.S.C. 300ff–62(c)(3)) is amended— 111(a)(1)) is amended— through 2005’’. (1) in the matter preceding subparagraph (A), (A) in subparagraph (A)— SEC. 412. DATA COLLECTION THROUGH CENTERS by striking ‘‘counseling on—’’ and inserting (i) by striking ‘‘training’’ and inserting ‘‘to FOR DISEASE CONTROL AND PRE- ‘‘counseling—’’; train’’; VENTION. (2) in each of subparagraphs (A), (B), and (ii) by striking ‘‘and including’’ and inserting Part D of title XXVI of the Public Health (D), by inserting ‘‘on’’ after the subparagraph ‘‘, including’’; and Service Act (42 U.S.C. 300ff–71 et seq.) is designation; and (iii) by inserting before the semicolon the fol- amended— (3) in subparagraph (C)— lowing: ‘‘, and including (as applicable to the (1) by redesignating section 2675 as section (A) by striking ‘‘(C) the benefits’’ and insert- type of health professional involved), prenatal 2675A; and ing ‘‘(C)(i) that explains the benefits’’; and and other gynecological care for women with (2) by inserting after section 2674 the fol- (B) by inserting after clause (i) (as designated HIV disease’’; lowing section: by subparagraph (A) of this paragraph) the fol- (B) in subparagraph (B), by striking ‘‘and’’ ‘‘SEC. 2675. DATA COLLECTION. lowing clause: after the semicolon at the end; ‘‘For the purpose of collecting and providing ‘‘(ii) that emphasizes it is the duty of infected (C) in subparagraph (C), by striking the pe- data for program planning and evaluation ac- individuals to disclose their infected status to riod and inserting ‘‘; and’’; and tivities under this title, there are authorized to

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00190 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JY7.160 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6969 be appropriated to the Secretary (acting of the selected audits, and submit the summaries and reliable information on the number of such through the Director of the Centers for Disease to the Congress.’’. cases and the demographic characteristics of Control and Prevention) such sums as may be SEC. 416. ADMINISTRATIVE SIMPLIFICATION. such cases, both for the State in general and for necessary for each of the fiscal years 2001 Part D of title XXVI of the Public Health specific geographic areas in the State. through 2005. Such authorization of appropria- Service Act, as amended by section 415 of this (2) A determination of whether such informa- tions is in addition to other authorizations of Act, is amended by inserting after section 2675B tion is sufficiently accurate for purposes of for- appropriations that are available for such pur- the following section: mula grants under parts A and B of title XXVI pose.’’. of the Public Health Service Act. ‘‘SEC. 2675C. ADMINISTRATIVE SIMPLIFICATION (3) With respect to any State whose surveil- SEC. 413. COORDINATION. REGARDING PARTS A AND B. lance system does not provide adequate and reli- Section 2675A of the Public Health Service ‘‘(a) COORDINATED DISBURSEMENT.—After able information on cases of infection with the Act, as redesignated by section 412 of this Act, consultation with the States, with eligible areas virus, recommendations regarding the manner in is amended— under part A, and with entities that receive which the State can improve the system. (1) by amending subsection (a) to read as fol- amounts from grants under part A or B, the Sec- (b) RELATIONSHIP BETWEEN EPIDEMIOLOGICAL lows: retary shall develop a plan for coordinating the MEASURES AND HEALTH CARE FOR CERTAIN INDI- ‘‘(a) REQUIREMENT.—The Secretary shall en- disbursement of appropriations for grants under sure that the Health Resources and Services Ad- VIDUALS WITH HIV DISEASE.— part A with the disbursement of appropriations (1) IN GENERAL.—The Secretary shall request ministration, the Centers for Disease Control for grants under part B in order to assist grant- and Prevention, the Substance Abuse and Men- the Institute of Medicine to enter into an agree- ees and other recipients of amounts from such ment with the Secretary under which such Insti- tal Health Services Administration, and the grants in complying with the requirements of Health Care Financing Administration coordi- tute conducts a study concerning the appro- such parts. The Secretary shall submit the plan priate epidemiological measures and their rela- nate the planning, funding, and implementation to the Congress not later than 18 months after of Federal HIV programs to enhance the con- tionship to the financing and delivery of pri- the date of the enactment of the Ryan White mary care and health-related support services tinuity of care and prevention services for indi- CARE Act Amendments of 2000. Not later than viduals with HIV disease or those at risk of such for low-income, uninsured, and under-insured two years after the date on which the plan is so individuals with HIV disease. disease. The Secretary shall consult with other submitted, the Secretary shall complete the im- Federal agencies, including the Department of (2) ISSUES TO BE CONSIDERED.—The Secretary plementation of the plan, notwithstanding any shall ensure that the study under paragraph (1) Veterans Affairs, as needed and utilize planning provision of this title that is inconsistent with information submitted to such agencies by the considers the following: the plan. (A) The availability and utility of health out- States and entities eligible for support.’’; ‘‘(b) BIENNIAL APPLICATIONS.—After consulta- (2) by redesignating subsections (b) and (c) as comes measures and data for HIV primary care tion with the States, with eligible areas under and support services and the extent to which subsections (c) and (d), respectively; part A, and with entities that receive amounts (3) by inserting after subsection (b) the fol- those measures and data could be used to meas- from grants under part A or B, the Secretary ure the quality of such funded services. lowing subsection: shall make a determination of whether the ad- ‘‘(b) REPORT.—The Secretary shall biennially (B) The effectiveness and efficiency of service ministration of parts A and B by the Secretary, prepare and submit to the appropriate commit- delivery (including the quality of services, and the efficiency of grantees under such parts tees of the Congress a report concerning the co- health outcomes, and resource use) within the in complying with the requirements of such ordination efforts at the Federal, State, and context of a changing health care and thera- parts, would be improved by requiring that ap- local levels described in this section, including a peutic environment, as well as the changing epi- plications for grants under such parts be sub- description of Federal barriers to HIV program demiology of the epidemic, including deter- mitted biennially rather than annually. The integration and a strategy for eliminating such mining the actual costs, potential savings, and Secretary shall submit such determination to the barriers and enhancing the continuity of care overall financial impact of modifying the pro- Congress not later than two years after the date and prevention services for individuals with gram under title XIX of the Social Security Act of the enactment of the Ryan White CARE Act HIV disease or those at risk of such disease.’’; to establish eligibility for medical assistance Amendments of 2000. and under such title on the basis of infection with ‘‘(c) APPLICATION SIMPLIFICATION.—After con- (4) in each of subsections (c) and (d) (as redes- the human immunodeficiency virus rather than sultation with the States, with eligible areas ignated by paragraph (2) of this section), by in- providing such assistance only if the infection under part A, and with entities that receive serting ‘‘and prevention services’’ after ‘‘con- has progressed to acquired immune deficiency amounts from grants under part A or B, the Sec- tinuity of care’’ each place such term appears. syndrome. retary shall develop a plan for simplifying the (C) Existing and needed epidemiological data SEC. 414. PLAN REGARDING RELEASE OF PRIS- process for applications under parts A and B. ONERS WITH HIV DISEASE. and other analytic tools for resource planning The Secretary shall submit the plan to the Con- Section 2675A of the Public Health Service and allocation decisions, specifically for esti- gress not later than 18 months after the date of Act, as amended by section 413(2) of this Act, is mating severity of need of a community and the the enactment of the Ryan White CARE Act amended by adding at the end the following relationship to the allocations process. Amendments of 2000. Not later than two years (D) Other factors determined to be relevant to subsection: after the date on which the plan is so submitted, assessing an individual’s or community’s ability ‘‘(e) RECOMMENDATIONS REGARDING RELEASE the Secretary shall complete the implementation to gain and sustain access to quality HIV serv- OF PRISONERS.—After consultation with the At- of the plan, notwithstanding any provision of ices. torney General and the Director of the Bureau this title that is inconsistent with the plan.’’. (c) OTHER ENTITIES.—If the Institute of Medi- of Prisons, with States, with eligible areas under cine declines to conduct a study under this sec- part A, and with entities that receive amounts SEC. 417. AUTHORIZATION OF APPROPRIATIONS FOR PARTS A AND B. tion, the Secretary shall enter into an agreement from grants under part A or B, the Secretary, with another appropriate public or nonprofit consistent with the coordination required in Section 2677 of the Public Health Service Act private entity to conduct the study. subsection (a), shall develop a plan for the med- (42 U.S.C. 300ff–77) is amended to read as fol- (d) REPORT.—The Secretary shall ensure ical case management of and the provision of lows: ‘‘SEC. 2677. AUTHORIZATION OF APPROPRIA- that— support services to individuals who were Fed- (1) not later than three years after the date of eral or State prisoners and had HIV disease as TIONS. ‘‘(a) PART A.—For the purpose of carrying out the enactment of this Act, the study required in of the date on which the individuals were re- subsection (a) is completed and a report describ- leased from the custody of the penal system. The part A, there are authorized to be appropriated such sums as may be necessary for each of the ing the findings made in the study is submitted Secretary shall submit the plan to the Congress to the appropriate committees of the Congress; not later than two years after the date of the fiscal years 2001 through 2005. ‘‘(b) PART B.—For the purpose of carrying out and enactment of the Ryan White CARE Act Amend- (2) not later than two years after the date of ments of 2000.’’. part B, there are authorized to be appropriated such sums as may be necessary for each of the the enactment of this Act, the study required in SEC. 415. AUDITS. fiscal years 2001 through 2005.’’. subsection (b) is completed and a report describ- Part D of title XXVI of the Public Health ing the findings made in the study is submitted Service Act, as amended by section 412 of this TITLE V—GENERAL PROVISIONS to such committees. Act, is amended by inserting after section 2675A SEC. 501. STUDIES BY INSTITUTE OF MEDICINE. SEC. 502. DEVELOPMENT OF RAPID HIV TEST. the following section: (a) STATE SURVEILLANCE SYSTEMS ON PREVA- (a) EXPANSION, INTENSIFICATION, AND COORDI- ‘‘SEC. 2675B. AUDITS. LENCE OF HIV.—The Secretary of Health and NATION OF RESEARCH AND OTHER ACTIVITIES.— ‘‘For fiscal year 2002 and subsequent fiscal Human Services (referred to in this section as (1) IN GENERAL.—The Director of NIH shall years, the Secretary may reduce the amounts of the ‘‘Secretary’’) shall request the Institute of expand, intensify, and coordinate research and grants under this title to a State or political sub- Medicine to enter into an agreement with the other activities of the National Institutes of division of a State for a fiscal year if, with re- Secretary under which such Institute conducts a Health with respect to the development of reli- spect to such grants for the second preceding study to provide the following: able and affordable tests for HIV disease that fiscal year, the State or subdivision fails to pre- (1) A determination of whether the surveil- can rapidly be administered and whose results pare audits in accordance with the procedures lance system of each of the States regarding the can rapidly be obtained (in this section referred of section 7502 of title 31, United States Code. human immunodeficiency virus provides for the to a ‘‘rapid HIV test’’). The Secretary shall annually select representa- reporting of cases of infection with the virus in (2) REPORT TO CONGRESS.—The Director of tive samples of such audits, prepare summaries a manner that is sufficient to provide adequate NIH shall periodically submit to the appropriate

VerDate 25-JUL-2000 05:36 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00191 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JY7.160 pfrm02 PsN: H25PT1 H6970 CONGRESSIONAL RECORD — HOUSE July 25, 2000 committees of Congress a report describing the minute as we talk. I think it is uncon- munodeficiency virus but are not yet ill research and other activities conducted or sup- scionable that we are doing this at this enough to realize it. ported under paragraph (1). time at night, where the American The recommendations of the Commission (3) AUTHORIZATION OF APPROPRIATIONS.—For seek to strike a proper balance between our the purpose of carrying out this subsection, public cannot see the extent of this epi- obligation as a society toward those mem- there are authorized to be appropriated such demic and the problems we have facing bers of society who have HIV and those sums as may be necessary for each of the fiscal it, the way the epidemic has moved members of society who do not have the years 2001 through 2005. into our minority communities, unfor- virus. To slow or stop the spread of the virus, (b) PREMARKET REVIEW OF RAPID HIV tunately, and in a greater rate than in to provide proper medical care for those who TESTS.— any other communities, and that we have contracted the virus, and to protect the (1) IN GENERAL.—Not later than 90 days after are not going to put the resources that rights of both infected and non-infected per- sons requires a careful balancing of interests the date of the enactment of this Act, the Sec- are necessarily needed to address that. retary, in consultation with the Director of the in a highly complex society. Centers for Disease Control and Prevention and Mr. Speaker, I would just make that Knowledge is a critical weapon against the Commissioner of Food and Drugs, shall sub- point; that this is the wrong time of HIV—knowledge about the virus and how it mit to the appropriate committees of the Con- the evening for us to be doing this. I is transmitted, knowledge of how to main- gress a report describing the progress made to- stand here embarrassed that we are not tain one’s health, knowledge of one’s own in- wards, and barriers to, the premarket review going to be able to have an opportunity fection status. It is critical too that knowl- and commercial distribution of rapid HIV tests. to educate the American public about edge lead to responsibility toward oneself and others. It is the responsibility of all The report shall— the needs that are addressed in this (A) assess the public health need for and pub- Americans to become educated about HIV. It lic health benefits of rapid HIV tests, including bill. is the responsibility of those infected not to the minimization of false positive results Mr. Speaker, first of all, we need to infect others. It is the responsibility of all through the availability of multiple rapid HIV recognize Jeanne White and the loss citizens to treat those infected with HIV tests; that she had and her vigor and desire with respect and compassion. All individuals (B) make recommendations regarding the need to bring forward a bill to care for peo- should be responsible for their actions and for the expedited review of rapid HIV test appli- ple with HIV. We have spent a lot of the consequences of those actions. cations submitted to the Center for Biologics The urgency and breadth of the nation’s money in this country already, some of HIV research effort is without precedent in Evaluation and Research and, if such rec- it very successfully, some of it not very ommendations are favorable, specify criteria the history of the Federal Government’s re- and procedures for such expedited review; and successfully; but we have with this bill sponse to an infectious disease crisis. How- (C) specify whether the barriers to the pre- made some very significant major ever, we are a long way from all the answers. market review of rapid HIV tests include the un- changes in this legislation. The directing of more resources toward man- necessary application of requirements— In 1988, a Presidential commission aging this epidemic is critical; equally im- (i) necessary to ensure the efficacy of devices made recommendations to the Con- portant is the judicious use of those re- for donor screening to rapid HIV tests intended sources. gress and to the Government on what The term ‘‘AIDS’’ is obsolete. ‘‘HIV infec- for use in other screening situations; or we should do. One of the things that (ii) for identifying antibodies to HIV subtypes tion’’ more correctly defines the problem. of rare incidence in the United States to rapid they described in that report is the im- The medical, public health, political, and community leadership must focus on the full HIV tests intended for use in screening situa- portance that should be placed on pre- course of HIV infection rather than concen- tions other than donor screening. vention. We have heard our grandmoms trating on later stages of the disease (ARC (c) GUIDELINES OF CENTERS FOR DISEASE CON- tell us for years that an ounce of pre- and AIDS). Continual focus on AIDS rather TROL AND PREVENTION.—Promptly after commer- vention is worth a pound of cure. than the entire spectrum of HIV disease has cial distribution of a rapid HIV test begins, the b left our nation unable to deal adequately Secretary, acting through the Director of the 2330 with the epidemic. Federal and state data Centers for Disease Control and Prevention, We know that. And I am very thank- collection efforts must now be focused on shall establish or update guidelines that include ful for the gentleman from California early HIV reports, while still collecting data recommendations for States, hospitals, and (Mr. WAXMAN) and his staff as we have on symptomatic disease. other appropriate entities regarding the ready been able to work together and with Early diagnosis of HIV infection is essen- availability of such tests for administration to tial, not only for proper medical treatment pregnant women who are in labor or in the late others on the other side of the aisle to bring to the body this bill. Again, I and counseling of the infected person but stage of pregnancy and whose HIV status is not also for proper follow-up by the public health known to the attending obstetrician. think it is very unfortunate that we, in authorities. HIV infection, like other chronic TITLE VI—EFFECTIVE DATE fact, are doing this at this time. conditions—heart disease, high blood pres- SEC. 601. EFFECTIVE DATE. There are several other components sure, diabetes, cancer—can be treated more This Act and the amendments made by this to the bill that we will discuss as we effectively when detected early. Therefore, Act take effect October 1, 2000, or upon the date proceed through it. HIV tests should be offered regularly by of the enactment of this Act, whichever occurs Mr. Speaker, I include the report re- health care providers in order to increase the later. ferred to earlier. currently small percentage of those infected who are aware of the fact and under appro- The SPEAKER pro tempore. Pursu- REPORT OF THE PRESIDENTIAL COMMISSION ON priate care. Since many manifestations of ant to the rule, the gentleman from THE HUMAN IMMUNODEFICIENCY VIRUS EPI- HIV are treatable, those infected should have Oklahoma (Mr. COBURN) and the gen- DEMIC ready access to treatment for the opportun- tleman from New York (Mr. RANGEL) Submitted to The President of the United istic infections which often prove fatal for each will control 20 minutes. States, June 24, 1988 those with HIV. The Chair recognizes the gentleman Commissioners: Admiral James D. Watkins, Better understanding of the true incidence from Oklahoma (Mr. COBURN). Chairman, United States Navy (Retired); and prevalence of HIV infection is critical Colleen Conway-Welch, Ph.D.; John J. and can be developed only through careful GENERAL LEAVE Creedon; Theresa L. Crenshaw, M.D.; Rich- accumulation of data from greatly increased Mr. COBURN. Mr. Speaker, I ask ard M. Devos; Kristine M. Gebbie, R.N., testing. Quality assured testing should be unanimous consent that all Members M.N.; Burton James Lee III, M.D.; Frank easily accessible, confidential, voluntary, may have 5 legislative days within Lilly, Ph.D.; His Eminence John Cardinal and associated with appropriate counseling which to revise and extend their re- O’Connor; Beny J. Primm, M.D.; Rep- and care services. At the present time, a rel- marks and insert extraneous material resentative Penny Pullen; Cory Servaas, atively small percentage of those infected on H.R. 4807, as amended. M.D.; William B. Walsh, M.D. with HIV are aware of their infected status. Some preventive measures must be under- EXECUTIVE SUMMARY The SPEAKER pro tempore. Is there taken immediately. objection to the request of the gen- The Human Immunodeficiency Virus (HIV) Public health authorities across the United tleman from Oklahoma? epidemic will be a challenging factor in States must begin immediately to institute There was no objection. American life for years to come and should confidential partner notification, the system Mr. COBURN. Mr. Speaker, I yield be a concern to all Americans. Recent esti- by which intimate contacts of persons car- myself such time as I may consume. mates suggest that almost 500,000 Americans rying sexually transmitted diseases, includ- Mr. Speaker, I want to make a state- will have died or progressed to later stages of ing HIV, are warned of their exposure. the disease by 1992. ment. We are getting ready to talk a The HIV epidemic has highlighted several Even this incredible number, however, does ethical considerations and responsibilities, bill that will spend $7.1 billion over the not reflect the current gravity of the prob- including: next 5 years. We have 32 minutes to do lem. One to 1.5 million Americans are be- the responsibility of those who are HIV-in- it in; that is about $215 million a lieved to be infected with the human im- fected not to infect others;

VerDate 25-JUL-2000 06:28 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00192 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.160 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6971 the responsibility of the health care com- HIV epidemic at the federal, state and local given. There are options for contacting those munity to offer comprehensive and compas- levels: persons and ensuring that they, too, are sionate care to all HIV-infected persons; and Continued focus on the label ‘‘AIDS,’’ con- aware of their risks. Those options include the responsibility of all citizens to treat tributing to lack of understanding of the im- patient-managed referral and professional- HIV infected persons with respect and com- portance of HIV infection as the more sig- assisted referral (with notification by an in- passion. nificant element for taking control of the dividual’s health care provider or with noti- The Commission believes that if the rec- epidemic. fication by the health department). ommendations in this report are fully imple- Lack of strong CDD leadership in the pub- As an example, consider the women who mented, we will have achieved the delicate lic health community for obtaining and co- has been married for 30 years to a man who, balance between the complex needs and re- ordinating HIV infection data. unknown to her, is a bisexual, or the person sponsibilities encountered throughout our Inadequate counseling resources to assist who believes he or she is involved in a com- society when responding to the HIV epi- those tested makes many support and inter- pletely monogamous marriage when, in fact, demic. est groups reluctant to recommend wide- his or her spouse has been having sex with MODELING HIV INFECTION spread HIV testing. others. These people are completely ignorant Disease surveillance began early in the epi- RECOMMENDATIONS of their exposure to the virus and would demic, before the human immunodeficiency To respond to these obstacles, the Commis- probably remain so until either their spouse, virus (HIV) had been identified or isolated, sion recommends the following: their child, or they, themselves, developed and before it was known that there could be The Centers for Disease Control must pro- the clinical symptoms of AIDS. The Commis- a lengthy period of infection prior to illness. vide clear direction for expanded and im- sion firmly believes in these individuals’ Because at that time it was possible to iden- proved surveillance, including endorsement right to be notified of their possible exposure tify only those individuals in whom disease and support by national leaders, other fed- so that they can seek prompt medical atten- are far enough advanced to be symptomatic, eral agencies, and state and local leaders. tion and avoid potentially exposing others. monitoring the epidemic meant monitoring States should require reporting of HIV in- RECOMMENDATIONS disease, rather than monitoring infection. fections. This information should be given to The public health department has an obli- The early concentration on the clinical man- the Centers for Disease Control in appro- gation to ensure that any partners are aware ifestation of AIDS has had the unintended ef- priate form for statistical analysis, without of their exposure to the virus. fect of misleading the public as to the extent identifiers. Mr. Speaker, I reserve the balance of of the infection in the population, from ini- WOMEN WITH HIV INFECTION my time. tial infection to sero-conversion, to an anti- With little exception, HIV research and PARLIAMENTARY INQUIRY body positive asymptomatic stage to initial programs have focused exclusively on homo- Mr. BROWN of Ohio. Mr. Speaker, I indicative symptoms to full-blown AIDS. sexual men and intravenous drug users. As a have a parliamentary inquiry. Continued emphasis on AIDS has also im- result, there is limited information about peded long-term planning efforts necessary The SPEAKER pro tempore (Mr. the course of HIV infection in women. Diag- TANCREDO). The gentleman will state to effectively allocate resources for preven- nosis of AIDS in women may be late or less tion and health care. Decisions on who will it. accurate because the natural history of in- Mr. BROWN of Ohio. Mr. Speaker, receive care, and whose costs will be covered, fection in women is so poorly understood to focused only on those most seriously ill. date. There is some evidence to suggest that the gentleman from Oklahoma (Mr. Continuing to use only the term ‘‘AIDS’’ to it differs from men. The problem of women COBURN) implied that we had less than make treatment, reimbursement, or preven- with HIV infection is particularly important 20 minutes per side. How much time do tion program decisions is anachronistic and because it is directly linked to the rapid we have? a policy we can no longer afford. growth of the pediatric AIDS population. The SPEAKER pro tempore. The gen- While it is of value to continue monitoring The greatest number of AIDS cases among tleman from Oklahoma was recognized diagnosed AIDS cases, public policy and pre- women occur in the black and Hispanic popu- vention efforts should be based on an under- for 20 minutes. lations. Of all cases of AIDS in women, 51 Without objection, the gentleman standing of the extent and distribution of percent are black, and 20 percent are His- from Ohio (Mr. BROWN) is recognized HIV in the population and on the rate at panic. The routes of viral transmission are which new infections occur. This is espe- the same for women as for men, but in for 20 minutes. cially critical in dealing with HIV, for which women, HIV infection occurring directly There was no objection. the average length of time between infection from intravenous drug use, and through het- Mr. BROWN of Ohio. Mr. Speaker, I and diagnosis is at least eight years, accord- erosexual contact with an infected man rank yield myself such time as I may con- ing to the Institute of Medicine. first and second, respectively. sume. It is critical that CDC begin now to collect One of the most serious problems facing Mr. Speaker, the gentleman from HIV infection data from the states, not just the HIV-infected mother is the guilt she may Oklahoma (Mr. COBURN) complained case reports. feel after giving birth to an infected child, about the lateness of the hour, and all The success of any disease or infection sur- her despair as she watches that child die, or veillance effort is dependent upon coordina- of us concur with that. An issue as im- her anguish, knowing that after her own im- portant as this was scheduled literally tion at the national, state, and local levels minent death, she will leave children behind. and the sharing of resources and expenses. last among 35 suspensions. We are be- The public health profession has a long MINORITIES hind tonight naming post offices, re- tradition of respectful, confidential handling The impact of HIV infection on black and garding celebrating anniversaries; we Hispanic communities has been felt very of sensitive data and of affected persons; are after our sense of Congress resolu- those currently holding public health posts strongly; individuals from these groups com- and should be striving to build public con- prise about 40 percent of all persons with tion regarding the importance of fami- fidence by stressing the profession’s tradi- symptomatic HIV infection. lies eating together, something we all tional adherence to this standard. Leadership is critically needed from major support, but a Congressional resolution Until CDC changes the focus of data collec- national minority organizations and from for that; recognizing the importance of tion from diagnosed AIDS cases to HIV infec- churches in minority communities. children in the U.S. We obviously rec- tions, effectiveness of planning and interven- PARTNER NOTIFICATION ognize that. But to put all of that be- tion will be limited. Both public health practice and case law fore this, it is again the sort of do- As of March 1988, CDC acknowledged that a makes clear that persons put at risk of expo- nothing Republican leadership in Con- precise statement of the prevalence and rate sure to an infectious disease should be alert- of spread of HIV infection in the general pop- gress that makes these decisions to ed to their exposure. The Commission be- schedule bills as important as this that ulation is still not available. Most analysts lieves that there should be a process in place concur with CDC that, based on presently in every state by which the official state we bipartisanly agree on finally after available data, the best estimate of health agency is responsible for assuring negotiations to put this bill last. seroprevalence is one million, with a range that those persons put unsuspectingly at It is clearly not the way this Con- of up to 1.5 million. Repeatedly, witnesses risk for HIV infection are notified of that ex- gress should operate. We should be before the Commission agreed that every posure. Such a process will enable that agen- doing this during the day when Mem- reasonable effort should be made to increase cy to work with the infected individual and bers of Congress are awake and in this the precision of this number, and of the rate the patient’s primary health care provider to Chamber and watching from their of- of infection within specific population assure that contacts are notified of their ex- groups. fices. Instead we are doing a very, very posure and urged to take advantage of the important bill, the Ryan White CARE OBSTACLES TO PROGRESS opportunity for testing and counseling. The Commission has identified the fol- When interviewed appropriately, any per- Act, in literally the middle of the lowing obstacles to a nationwide effort to son infected should be able to identify one or night. Mr. Speaker, I think none of us improve the public’s response to and partici- more persons from whom the infection may approve of that kind of lack of leader- pation in programs designed to quantify the have come or to whom it may have been ship by Republicans in this Chamber.

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00193 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.173 pfrm02 PsN: H25PT1 H6972 CONGRESSIONAL RECORD — HOUSE July 25, 2000 I want to commend the gentleman time. I thank the gentleman particu- ing, but it also focuses on services for from Oklahoma (Mr. COBURN) for his larly for his leadership on this issue. reaching individuals with HIV and work; the gentleman from California We have always been very fortunate in AIDS who are not in care, eliminating (Mr. WAXMAN) for his work; Roland this House to have his expertise. disparities in services and access and Foster, in the office of the gentleman I want to commend the gentleman helping historically underserved com- from Oklahoma (Mr. COBURN); Paul from California (Mr. WAXMAN), the gen- munities. Kim, in the office of the gentleman tleman from Ohio (Mr. BROWN), and The legislation also begins to shift from California (Mr. Waxman); and others, including the staff who have Ryan White funding to the HIV in- Ellie Dehoney, in my office, for their worked very hard on this. fected population, not just individuals exceptional work on this legislation. I do agree, this is one of the most im- with AIDS. This is an important tran- The battle against HIV/AIDS is more portant measures that we will be vot- sition which will occur when reliable than a medical challenge, although ing on. It has made a difference, it will data on HIV prevalence is available, that challenge alone is overwhelming. continue to make a tremendous dif- and it is an important transition be- It is a battle against ignorance, against ference, and the need is now greater cause we need to find the people who intolerance, against apathy. It is a bat- than ever. I urge my colleagues obvi- are HIV infected, because with appro- tle against isolation, against alien- ously to support this bill, H.R. 4807, priate treatment perhaps many of ation, against despair. It is a battle unanimously. them can be helped not to develop full- against time, it is international, and it What the bill does is it reauthorizes blown AIDS. is down the street. AIDS is set to kill and enhances care and treatment pro- The bill will also give priority to more people worldwide than World War grams vital to the health and survival communities in severe need of supple- I, World War II, the Korean War, and of Americans with HIV and AIDS. HIV/ mental funds. As HRSA Administrator the Vietnam War combined. AIDS is not a disease that discrimi- Claude Fox testified, ‘‘These efforts, The Ryan White CARE Act responds nates. It touches all. In fact, my State building on the current CARE Act, will to HIV/AIDS, not just as a public of Maryland is now known as one of the significantly improve access to impor- health crisis, but as a threat to the sta- top ten states and territories reporting tant health services for low-income, bility and cohesiveness of communities the highest number of AIDS cases. This underinsured, and uninsured persons and the rights of individuals. It fights is in part due to the pandemic growth with HIV.’’ the medical epidemic with prevention of HIV and AIDS in rural areas and The bill also expands the perinatal and with treatment. It fights igno- how AIDS is disproportionately affect- HIV grant program to $30 million, with rance, it fights intolerance, it fights ing women, youth and communities of an increasing set aside for States with apathy with awareness, commitment color. mandatory newborn testing laws. and compassion, and it fights alien- This is a good bill. It has strong bi- While I do not share the belief that this ation, isolation and despair by engag- partisan support. Our States need this set aside is necessary, I am pleased ing communities in a focus that em- bill to be passed. Women need it, our that Dr. Fox confirmed that the pro- phasizes living with HIV/AIDS, not youth need it; yes, all Americans need gram will greatly increase the funds dying with it. it. I urge strong support of this meas- available to help end the transmission The act was created in the memory ure. of HIV to newborns. of Ryan White, a young teenager who Mr. BROWN of Ohio. Mr. Speaker, I The bill also enhances public partici- became a national hero in this fight. yield 4 minutes to the gentleman from pation in CARE Act programs and pre- He was a hemophiliac and contracted California (Mr. WAXMAN), the author of vention efforts at the Federal, State HIV through a bad blood transfusion, the first Ryan White Act a decade or so and local levels, and adopts many im- but Ryan White fought against igno- ago. portant provisions in from the Senate rance, fear and prejudice on behalf of Mr. WAXMAN. Mr. Speaker, I thank bill. all individuals with HIV/AIDS. the gentleman for yielding time to me. I want to applaud the gentleman Ryan White died on April 8, 1990, at Mr. Speaker, I want to commend the from Oklahoma (Dr. COBURN) for his the age of 18. Ten years later the law leadership of the House, the Republican cooperation on authoring this con- named after him carries on his legacy. leaders of the House for scheduling this sensus bill, and acknowledge the con- The Ryan White CARE Act has made a bill. While it is 11:36 in Washington, it tributions of the many community or- tremendous difference in the lives of is only 8:36 in California. ganizations to the legislation. people living with HIV/AIDS. Mr. Speaker, I rise also to urge my I want to thank the staff for their In my district, which includes much colleagues to support H.R. 4807. As the hard work, Roland Foster, Paul Kim, of Ohio’s only title I eligible metropoli- original author of the Ryan White Karen Nelson, Marc Wheat, John Ford, tan area, Ryan White programs provide CARE Act and the coauthor of H.R. Brent Delmonte, and Pete Goodloe. primary care and support services and 4807, I am pleased that this consensus Mr. Speaker, our friends and col- the kinds of medication that contain bill is before the House today. With leagues are right, this is an important HIV/AIDS into a chronic, rather than more than 250 bipartisan cosponsors bill, and I urge full support for it. an acute illness. There is more to do and being reported by voice vote from Mr. Speaker, I rise in support of H.R. 4807 and Ryan White will continue to play a committee, H.R. 4807 should be acted and urge my colleagues to support the bill. pivotal role. on expeditiously by the House. As the original author of the Ryan White In Ohio, while AIDS deaths have de- Since we last authorized the CARE CARE Act and the co-author of H.R. 4807, I clined, the incidence of HIV/AIDS has Act in 1996, there has been dramatic am pleased that this consensus legislation is increased dramatically. After declining progress in treating AIDS, but there is before the House today. steadily, the incidence among young still much more to be done. There are The bill has more than 250 bipartisan co- gay males is on the rise. HIV/AIDS is new treatments, but there still is no sponsors and was reported by voice vote by expanding into new populations, while cure. There are fewer deaths, but no the Commerce Committee. The Senate has al- continuing to spread in those popu- new HIV infections and dangerous com- ready acted on its own bill, and H.R. 4807 lations originally at risk. placency are on the rise, and the treat- should be acted on expeditiously by the Prevention is vital, treatment is ment gap grows wider every day for the House. vital, The Ryan White programs are poor and communities of color. BACKGROUND ON THE CARE ACT vital. This is why the CARE Act is so im- Mr. Speaker, until 1990, it was volunteers, Mr. Speaker, I ask for passage of this portant. Its reauthorization is crucial cities and States who carried the burden of legislation. to the lives and health of hundreds of care in the AIDS epidemicÐnot the Federal Mr. Speaker, I reserve the balance of thousands of Americans, and it is es- government. Enacting the Ryan White CARE my time. sential that we refine and expand the Act into law was our government's overdue re- Mr. COBURN. Mr. Speaker, I yield 11⁄2 CARE Act to respond to the epidemic’s sponse to the AIDS crisis, providing urgently minutes to the gentlewoman from growing impact on women and adoles- needed care to tens of thousands of Ameri- Maryland (Mrs. MORELLA). cents. cans living with AIDS. Mrs. MORELLA. Mr. Speaker, I H.R. 4807 preserves the structure of Since we last reauthorized the CARE Act in thank the gentleman for yielding me the original law and enhances its fund- 1996, there has been dramatic progress in

VerDate 25-JUL-2000 06:28 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00194 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.292 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6973 treating AIDS. Lives have been extended and harmless is to increase funding overall to Title b 2340 hope has been renewed. Deaths from AIDS I, the funding increases to date unfortunately MAKING IN ORDER ON LEGISLATIVE DAY OF have declined in our country. have not been so great as to render the ``hold TODAY CONSIDERATION OF H.R. 4920 UNDER But while progress has been made, harmless'' unnecessary. Now that five years SUSPENSION OF THE RULES progress must also be measured by the length have already passed since the formula was Mr. LAZIO. Mr. Speaker, I ask unani- of the road ahead. There are treatments, but changed, the ``hold harmless'' has been ad- mous consent that the Speaker be au- there is still no cure. There are fewer deaths, justed to ensure greater funding equity in the thorized to entertain a motion that the but new HIV infections and a dangerous com- Title I formula. I am particularly pleased that House suspend the rules and pass H.R. placency are on the rise. the Administration has made clear that it is un- 4920, as amended, at any time on the The epidemic is reaching into every commu- likely that any new EMA will make use of such present legislative day. nity and every State in America. The treatment a hold harmless for the next three to four The SPEAKER pro tempore (Mr. gap is growing wider than ever for the poor years. TANCREDO). Is there objection to the re- and for communities of color. And worldwide, H.R. 4807 also expands an existing grant quest of the gentleman from New the epidemic has killed 18 million people, or- program to end perinatal HIV transmission to York? phaned millions of children and devastated en- $30 million, with an increasing set-aside for There was no objection. tire countries. States with mandatory newborn testing laws. Mr. COBURN. Mr. Speaker, I con- This is why the CARE Act is so important. While I do not share the belief that this set- tinue to reserve my time. The CARE Act is the foundation of our coun- aside is necessary, I am pleased that all of the Mr. BROWN of Ohio. Mr. Speaker, I try's response to the AIDS epidemic. Its reau- funds will be available for voluntary coun- yield 3 minutes to the gentleman from thorization is crucial to the lives and health of seling, testing, treatment and outreach to New York (Mr. TOWNS), who has been a hundreds of thousands of Americans. And as pregnant mothers, as well as for implementing leader in fighting for health care for AIDS increasingly threatens women, adoles- newborn testing programs. Dr. Fox confirmed the disadvantaged. cents and our communities of color, it is es- Mr. TOWNS. Mr. Speaker, let me two weeks ago that this program will greatly sential that we refine and expand the CARE begin by first thanking the gentleman increase the funds available to help end the Act to respond to these changes in the epi- from Oklahoma (Mr. COBURN) and, of transmission of HIV to newborns. demic. course, the gentleman from California WHAT H.R. 4807 DOES This bill enhances public participation in (Mr. WAXMAN) for bringing this bill for- Today, the CARE Act provides early inter- both Title I and Title II, with greater represen- ward. It is a very important bill, with vention services to prevent infection and to tation of persons living with HIV and AIDS. the way things are going today in this forestall illness in those who are infected. It Title I Planning Council meetings and records Nation. furnishes medicines and outpatient and home are opened to public ``sunshine.'' And we call I support the Ryan White CARE Act health services to those who are ill. And the on States to engage in a more participatory of 2000. We should pass this legislation, Act gives direct assistance to States and to public planning process. which is so vital to this Nation and its the cities hardest hit by the epidemic. The legislation makes other important re- future. H.R. 4807 preserves the structure of the forms. It calls for greater coordination of HIV Approximately 19 percent of the CARE Act and enhances its funding. But it fo- care and prevention efforts at the Federal, AIDS cases are in New York State. cuses services for the first time onÐreaching State and local levelsÐsomething I have al- That means one in five living with individuals with HIV and AIDS who are not in ways strongly supported. Patients are entitled AIDS reside in New York State. There care; eliminating disparities in services and ac- to a seamless continuum of HIV prevention are 8,200 living AIDS cases in Brook- cess; and helping historically underserved and care services from outreach, counseling lyn, the borough that I represent, communities. and testing through to diagnostics, treatment alone. Seventy-five percent of the cases The legislation also begins to shift Ryan and care. are minorities and 25 percent are White funding and services towards the HIV- Finally, H.R. 4807 also adopts many impor- women. infected population, not just individuals with tant provisions from the Senate's bill, particu- This is just the beginning. I have yet AIDS. This is an important transition, and will larly the authorization of early intervention to talk about the 100,000 people esti- mean a more equitable and accurate alloca- services in Titles I and II, and the creation of mated to be living with HIV disease tion of funds in relation to the demographics of new quality management programs for CARE who may or may not know their status. the epidemic. But it will only occur when the Act services. These numbers are truly staggering, Secretary determines that adequate and reli- and they show the importance and need able data on HIV prevalence is available from CONCLUSION of reauthorization of the Ryan White all States and cities. I want to applaud Dr. Coburn for his per- CARE Act. The bill also addresses disparities in care sonal commitment to fighting AIDS and his co- I will not stand here and say that through the Title I supplemental funds and a operation on the bill. I also want to acknowl- this bill is perfect because it is not, but newly created Title II supplemental. Commu- edge the contributions of the many community it does represent a balance and I con- nities and cities in ``severe need'' of additional organizations that participated in developing gratulate my colleagues again for their resources will be given increased priority for this legislation. And I want to thank the staff creativity and strong leadership. How- these funds, so that all underserved areasÐ for their diligence and hard workÐRoland Fos- ever, I must admit there are some rural or urbanÐmay better serve their pa- ter, Paul Kim, Karen Nelson, Marc Wheat, things that I would like to see modi- tients. John Ford, Brent Delmonte and Pete Goodloe. fied, and let me name them; namely, the hold harmless provision in title I of These and other provisions enhance the re- Mr. Speaker, I want to conclude by citing the bill, which my colleague, the gen- sponsiveness of the CARE Act to the needs of my friend and colleague the Minority Leader. ethnic and racial minorities, consistent with the tlewoman from California (Ms. ESHOO) Two weeks ago, Mr. GEPHARDT spoke on this framed so well during the markup in intent of the Congressional Black Caucus Mi- floor about AIDS in Africa. He saidÐ nority AIDS Initiative. And as HRSA Adminis- the full Committee on Commerce. I trator Claude Fox testified two weeks ago, There has never in the history of the world think the point that she made should ``These efforts, building on the current CARE been a threat to life like this . . . This is the have been accepted. All the EMAs moral issue of our time. I pray that this should be held harmless and brought up Act, will significantly improve access to impor- House and all of our great Representatives tant health services for low-income, under- will stand and deliver on this, the most im- to a higher funding level. insured, and uninsured persons with HIV.'' portant moral issue we will ever face. There are many good provisions in When the Title I formula was modified five this bill. It increases consumer partici- years ago, a ``hold harmless'' was added to Mr. Speaker, our friend and colleague was pation on the planning council and en- limit any Eligible Metropolitan Area's (EMA) right. His words hold true the world over. sures that the consumers are rep- losses over five years to 5 percent of its Title So I ask my colleagues to commit them- resentative of the epidemic in that par- I formula allocation. Our intention was to pro- selves anew to ending the epidemic. I ask ticular area. This change will enable vide some time to allow EMAs to prepare for them to support this legislation. And I ask the councils to be proactive when it changes in their services and reductions in them to dedicate this legislation to the memory comes to the disease, and the bill their funding. While there is broad agreement of our friends, our family and our countrymen moves in the direction of counting HIV that the best way to avoid the need for a hold who have died of AIDS. not AIDS cases.

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00195 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.178 pfrm02 PsN: H25PT1 H6974 CONGRESSIONAL RECORD — HOUSE July 25, 2000 In addition, I would like to highlight because without question it is the most going to the EMA in San Francisco the Congressional Black Caucus’ AIDS important legislation Congress has versus other areas and it is recognized. initiative language within the Com- ever enacted to provide life-saving and This legislation is not intended to hurt mittee Report. The initiative is in- life-enhancing medical care and social San Francisco. I will have a private tended to be a critical component of services for people living with HIV and wager with the gentleman and gentle- the strategy of the Department of AIDS. women from California that in 5 years Health and Human Services to com- It was intended as a safety net for there will be more money under this prehensively address HIV/AIDS. It fo- people battling HIV and AIDS and formula for each of those EMAs than cuses on the communities hardest hit these are really the two cornerstones there is today, including San Fran- by the epidemic, and that is the most of the CARE Act, reliability and sta- cisco. effective way to tackle the problem. bility. Yet contained in this bill that is Because, in fact, if we increase some- Therefore, I urge my colleagues to sup- on the floor this evening is a provision thing 25 percent per year, at the end of port this act. that I and others believe runs con- 5 years we will not have 200 percent, we Mr. COBURN. Mr. Speaker, I yield tradictory to that safety net principle. will have about 270 percent. So even myself 2 minutes. Under existing law, an eligible metro- with the 25 percent cut, if that would Mr. Speaker, I also have a chart I politan area, we call them EMAs, that happen, and that is just the potential. want to show. Firstly, I thank the gen- is our Federal shorthand, those areas I understand my colleagues should be tleman from New York (Mr. TOWNS) for receiving title I funds can lose no more concerned to protect what is already his support of the bill and his fair criti- than 5 percent of its funding over a 5- coming in. cism of what he sees as maybe a prob- year period. This hold harmless provi- The second point that I would make lem in funding disparities. However, I sion was specifically designed to pre- is that the testimony from the GAO would tell him that the concerns of the vent the rapid destabilization of exist- clearly said that there is a disparity in State of New York were really of title ing systems of care when changes in the funding. And they clearly said that II in this bill and not title I, and we the title I formula were adopted by the foundational factor under which we changed that funding formula to meet Congress in 1996. H.R. 4807 changes this made that funding was based on what the concerns of the State of New York. dramatically, allowing an EMA to lose the funding was in 1990, which was evi- I also would point out, as he can see 25 percent of its funding over the same dence of those who had HIV, had AIDS, on a cost adjusted basis, that the State time period. and had died. of New York on a basis of a per AIDS The result will be a rapid decline in So the base that is used for the San case gets approximately $1,900 less per availability and quality of care, par- Francisco EMA continues to recognize individual in New York City than ticularly in EMAs like San Francisco, in its base not people living with HIV, somebody in San Francisco, and the where the epidemic has hit the hardest. but people who have died from AIDS, whole disparity that we are trying to AIDS advocates and EMAs across the people living with AIDS. What our for- address is not to harm San Francisco mula will say is if HIV increases in San but is to make an equalization for country, not just the Bay Area, not Francisco, they will get more money. those in New York City that they just California but the entire country, As people live longer, they will get might have an increase in funds. including the State of New York, have The gentleman from New York (Mr. expressed concern that a 25 percent more money. And what we do is to make sure somebody who lives in TOWNS) also made the statement that hold harmless could destabilize the sys- probably our problem is that there is tems of care and undermine the very South Carolina in the rural areas has just not enough money here, and I goals of the act. They fear what we al- the same opportunity for care and would probably tend to agree with him, ready know in our area, that the 25 per- treatment as somebody in San Fran- that that is the base problem. cent hold harmless could ironically cisco. The other thing that I want to cor- cause great harm. Mr. Speaker, I reserve the balance of rect in his statement is there are I support the Senate approach of 10 my time. 350,000, at least 350,000 in this country percent over 5 years and I urge my col- Mr. BROWN of Ohio. Mr. Speaker, I today that are infected with HIV that leagues, that will eventually become yield 3 minutes to the gentlewoman do not know it. It is not 100,000. It is conferees, to support the Senate lan- from the Virgin Islands (Mrs. 350,000. There are another 350,000 who guage. We want to move ahead with CHRISTENSEN). have HIV and do know it, and there are this bill but we need to stay true of the Mrs. CHRISTENSEN. Mr. Speaker, I another 350,000 who have full-blown hallmark of the act. too rise in support of H.R. 4807, the Ryan White CARE Act Amendments of AIDS. The problem is, and the reason b 2350 this bill has moved some direction to- 2000. I commend my colleagues, the Mr. COBURN. Mr. Speaker, I yield wards prevention, is we have made no gentleman from Oklahoma (Mr. myself 21⁄2 minutes. dent in the case of new HIV infections COBURN) and the gentleman from Cali- Mr. Speaker, the AIDS Action Coun- in 7 years in this country. fornia (Mr. WAXMAN) for their hard The fact is that 40,000 this year, 40,000 cil, the largest AIDS organization in work and their leadership in crafting next year and 40,000 last year and the 2 the United States, supports this fund- this legislation which is so important years before continue to get infected ing formula. Let us be clear about that. to people with HIV and AIDS and their with this virus and that is why this bill Number two is Ryan White title I families. is so important, because it redirects us funds, San Francisco last year received While this bill is not perfect and to where the epidemic is, not to where over $35 million. At the end of the year, needs to be fine-tuned, the product we it was. they had a $7 million balance in their have before us provides a good frame- We still recognize where it was but checking account. If we take the work. One of my major concerns with we want to put the dollars where the growth in title I funds that we have this legislation remains the funding epidemic is. seen in this Congress and the two con- provided for States which have laws re- Mr. Speaker, I reserve the balance of gresses previously, we are averaging 24 quiring mandatory testing of my time. to 29 percent per year increase. newborns. I oppose mandatory testing Mr. BROWN of Ohio. Mr. Speaker, I Take a million dollars. Under this of any subpopulation and I strongly be- yield 2 minutes to the gentlewoman hold harmless, at the end of 5 years lieve that this body must give full con- from California (Ms. ESHOO), who has that means they would have $750,000. sideration to the Institute of Medicine been an outspoken and tireless advo- But at a growth rate of 24 to 29 percent, study as it relates to this. cate on behalf of AIDS patients. what they would actually have is well I am encouraged, on the other hand, Ms. ESHOO. Mr. Speaker, I thank the over a million dollars at the end of that H.R. 4807 changes funding for- ranking member, the gentleman from that 5 years. So we are into the spe- mulas to encompass all who are in- Ohio (Mr. BROWN) for yielding me this cifics of talking about a cut when there fected with HIV and not just provide time. is no cut. resources for individuals who have pro- Mr. Speaker, I rise this evening in The fact is there is extreme imbal- gressed to AIDS. This amendment re- support of the Ryan White CARE Act ance in the amount of funding that is sponds to the changing nature of the

VerDate 25-JUL-2000 06:28 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00196 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.294 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6975 epidemic and the newer treatment pro- compass all who are infected with HIV, and Mr. COBURN. Mr. Speaker, I yield tocols. It allows and enables treatment not just provide resources for individuals who myself such time as I may consume. programs to begin and expand critical have progressed to AIDS. This amendment re- Mr. Speaker, I submit for the RECORD prevention efforts and encourages re- sponds to the changing nature of the epidemic a letter from the State of New York on porting of HIV infections by States and the newer treatment protocols which the baby AIDS provision that they which do not now report by infection. begin medication earlier. It allows for treat- have in testing, and also the 1990 Sen- Another major area which is of crit- ment programs to begin and expand critical ate Ryan White CARE Act Debate Re- ical concern to the Congressional prevention efforts. This bill also more effec- garding the Need for HIV Partner Noti- Black Caucus Health Brain Trust is the tively represents the burden of the disease fication. community planning councils, their and the need for care. In addition, this meas- STATE OF NEW YORK, compensation, effectiveness, and oper- ure makes a concerted effort to support the DEPARTMENT OF HEALTH, ation. fact, that the funding ``needs'' to follow the Albany, NY, February 3, 2000. Mr. Speaker, we are encouraged by trends of the disease (which are disproportion- Hon. TOM A. COBURN, M.D., this bill’s requiring that the local plan- ately and increasingly affecting people of Member of the Congress, U.S. House of Rep- ning bodies and grantees reflect the de- color). resentatives, Cannon House Office Building, mographics of the disease, that they It also encourages reporting of HIV infec- Washington, DC. DEAR DR. COBURN: I have been asked to conduct surveys to identify the epide- tions by states (many do not now report). reply to your letter of December 20, 1999, to miology of the disease in their areas, Such adherence to reporting, will improve our Commissioner Novello on prevention of and that they target funding to where ability to be more progressive and get in front perinatal HIV transmission. The perinatal the disease is most prevalent. of this epidemic by increasing prevention and HIV prevention program at the New York Mr. Speaker, I would be remiss if I outreach efforts. State Department of Health is a comprehen- did not point out that based on current Another major area which is of critical con- sive program that seeks to address many of forecasts through fiscal year 2001, fund- cern to the Congressional Black Caucus and the steps in the chain of events leading to an ing for the all-important ADAP pro- the communities we represent (which are pri- HIV-infected child, as identified by the Insti- tute of Medicine in their 1998 report, ‘‘Reduc- gram falls more than $1 million short marily people of color), is the community plan- ning councils, their composition, effectiveness ing the Odds.’’ of what will be needed for the many An important initial prevention step in low-income, uninsured, and under- and operations. This process has not worked this chain of events is to ensure that all insured Americans with HIV infection well for many disenfranchised communities pregnant women are enrolled in prenatal or AIDS, putting this country far from under existing authorization. Community input care in the first trimester and ideally, have where we ought to be in fighting this is essential to effective service provision at the received preconception care. Significant pro- epidemic. local level. Therefore, we are encouraged by gram resources, including new funding from We in the Caucus, our partners in the this bill requiring, that the local planning bod- the Centers for Disease Control and Preven- ies and grantees reflect the demographics of tion (CDC) for outreach to high risk women, Congress, and our communities will re- are directed to this purpose in New York main vigilant in the Nation’s fight the disease and secondly, that they conduct surveys to identify the epidemiology of the dis- State. In 1997, 10.6 percent of all women (ac- against the HIV/AIDS crisis. The Ryan cording to birth certificate data) and about White CARE Act is a lifeline to count- ease in their areas. 10 percent of HIV positive women in New less Americans infected with this virus Lastly, it directs that they target the funding York State (based on chart reviews) received and it is our best ammunition in the where the disease is most prevalent. We, in no prenatal care. war against this devastating disease. the Caucus and our community partners, will The second step in preventing perinatal Clearly, we in the U.S. Congress can- be very vigilant on this issue. transmission is to ensure that all women in prenatal care receive HIV counseling and not wait until this disease mirrors the In this regard, I also encourage that African Americans and other people of color be appro- testing according to the U.S. Public Health pandemic in Africa. An enhanced, priately represented in the clinical trials and in- Service guidelines. In New York State, regu- strengthened, responsive and ade- vestigator pools based on the trends of the lations adopted in 1996 (10 NYCRR sections quately funded Ryan White CARE Act disease. 98.2(c), 405.21(c), 751.5(a)) require all regu- is absolutely essential. I look forward I would be remiss if, I did not say that based lated prenatal care providers (hospitals, clin- to working closely with my colleagues ics, HMO providers) to provide HIV coun- on the past epidemiology, and several studies seling with a clinical recommendation to in the House and the Senate and in the and forecasts, FY 2001 funding for the all im- administration to craft and enact a test, to all prenatal care patients. Such portant ADAP program falls around $100 mil- counseling and recommended testing is the measure that is responsive to the needs lion dollars short of what will be needed to standard of medical care in New York State, of all Americans, and I ask for my col- provide treatment to those infected. even for physicians not practicing in regu- leagues’ support of this important leg- This dramatic shortfall represents the many lated settings. The Commissioner has sent a islation. low income, uninsured and under-insured letter to this effect to all prenatal care phy- Mr. Speaker, I rise in support of H.R. 4807, Americans who will not receive appropriate sicians in the State. The letter was co-signed the Ryan White CARE Act Amendments of care, and further puts this country far from by the State Medical Society and the State 2000, and I commend my colleagues Con- chapters of professional organizations in pe- where we need to be in fighting this epidemic diatrics, obstetrics and family practice. The gressmen TOM COBURN and HENRY WAXMAN and saving the lives of those infected and Department also monitors prenatal HIV for their hard work and leadership in crafting most at-risk. counseling and testing rates at all regulated this legislation which is so important to per- We in the Caucus and our partners in the health care providers through review of a sons with HIV and AIDS and their families. Congress and the communities we serve, re- sample of prenatal care medical records. While, this bill is not perfect and needs to main vigilant in the nation's fight against the These data are fed back to providers and be strengthened and fine-tuned, the product HIV/AIDS crisis. The Ryan White Care Act is technical assistance is provided to improve we have before us, provides a framework the life line to countless Americans infected delivery of these services. which can be built upon to develop a more with HIV and AIDS. It is our best ammunition For women who test HIV positive or are comprehensive and responsive reauthorization in the war against this devastating disease known to be HIV positive during pregnancy, measure. the State has developed a network of spe- which is plaguing our nation. Clearly, we in the cialty providers for perinatal HIV medical One of my major concerns with this legisla- U.S. Congress, must not wait until this disease care. These providers ensure that each HIV tion, is the funding provided to states which begins to mirror the pandemic in Africa. An positive pregnant woman has a full evalua- have laws requiring the mandatory testing of enhanced, strengthened, responsive and ade- tion for combination antiretroviral therapy newborns. I oppose mandatory testing of any quately funded Ryan White Care Act is abso- depending on her own health status, pre- sub-population, and I strongly believe, that this lutely essential to intensified care, treatment, scribe zidovudine (ZDV) according to the body must give full consideration to the IOM prevention and outreach. PACTG 076 regimen for prevention of study as it relates to this issue. Let us seri- I look forward to working closely with my perinatal transmission, and make referrals ously review those results and appropriately colleagues in the House and Senate, and in for housing, adherence counseling and other supportive services that these women may incorporate the findings in the ``mandatory the Administration to ensure the crafting and need to adhere to therapy. New York Med- testing'' provision of this reauthorization meas- enactment of a measure that is responsive to icaid and the State’s AIDS Drug Assistance ure. the needs of all Americans. I therefore, ask Program (ADAP) provide reimbursement for I am encouraged that H.R. 4807 also you to respond positively, and vote for this im- pharmaceuticals for women in need so that changes city and state funding formulas to en- portant legislation. all women have access to preventive therapy.

VerDate 25-JUL-2000 06:45 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00197 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.296 pfrm02 PsN: H25PT1 H6976 CONGRESSIONAL RECORD — HOUSE July 25, 2000 The Department, with the help of a panel of mitting early initiation of ZDV in most Speaking in support of the amendment, expert clinicians, publishes detailed clinical cases; 12 additional positive cases could have Senator KENNEDY stated that, ‘‘it is difficult treatment guidelines for antiretroviral ther- been identified if all hospitals had fully im- to argue against doing the utmost in terms apy and prevention of perinatal trans- plemented the program, and 17 false positive of partner notifications.’’ 2 Senator KENNEDY mission, and also funds a network of clinical HIV results occurred. False positive prelimi- compared failing to conduct partner notifi- education providers across the state to train nary HIV tests occur because Western blot cation to having knowledge that someone’s clinicians carrying for HIV positive patients. confirmation of preliminary positive results life is endangered and not warning them. ‘‘In In the area of newborn HIV testing, Public cannot always be obtained in the 48 hour a case in which there is a clear and present Health Law (PHL) 2500-f, signed into law by time period. The Department has encouraged danger, there is a duty to warn,’’ KENNEDY Governor Pataki in 1996, created an excep- the Food and Drug Administration (FDA) to asserted.3 tion for newborn HIV testing to the informed approve additional rapid HIV tests in the Senator ORRIN HATCH (R–UT) advocated for consent requirements for HIV counseling and near future to alleviate this problem. A sig- the amendment explaining that ‘‘I do not see testing in the HIV Confidentiality Law, PHL nificant benefit of the expedited testing pro- how in the world we are going to solve this Article 27–F. It also directed the Commis- gram is that delivery hospitals are now problem and how we are going to notify peo- sioner to develop a comprehensive program working more closely with their prenatal ple who are in jeopardy of getting AIDS un- for the testing of newborns for HIV. This pro- care providers to ensure that HIV counseling less we have required contact tracing.... gram is further defined in State regulations and testing is done at the appropriate time Contact tracing is absolutelyessential for (10 NYCRR Subpart 69–1) and has gone during prenatal care and that the test re- the ending of this epidemic.’’ 4 through two phases. During the first phase, sults make it to the delivery hospital. Senator William Armstrong (R-CO) praised beginning on February 1, 1997, the Depart- Rates of participation in prenatal care in the inclusion of the Kennedy/Mikulski ment’s Newborn Screening Laboratory began New York State are monitored by review of amendment stating ‘‘I think the Kennedy HIV testing of all newborn filter paper speci- birth certificate data. These rates have been amendment represents a strong step toward mens submitted for metabolic screening increasing gradually over recent years. Cur- instituting responsible public health meas- without removing patient identifiers and re- rently about 80–85 percent of women deliv- ures to slow the spread of this devastating turning those test results to the birth hos- ering report first or second trimester pre- epidemic. The Kennedy amendment, agreed pital for transmittal to the pediatrician of natal care and about 10.6 percent of women to by voice vote, will ensure that the collec- record. Prior to that time, blinded HIV new- report no or unknown prenatal care. There tion of accurate epidemiological information born testing had been done for epidemiolog- has been no detectable change in prenatal concerning the incidence of the HIV epi- ical purposes since the late 1980’s, and moth- participation trends through 1997 that might demic, and more importantly will allow ers had been encouraged to receive a copy of be related to the newborn testing program. those innocent individuals who are unknow- their newborn’s HIV test result since May Anecdotally, we have not heard of problems ingly placed a risk of infection to be notified 1996 (over 90 percent of mothers consented to in this regard. The analysis is currently of their risk.’’ 5 receive their newborn’s HIV test result in being updated through 1998. Prenatal care for Responding to Senator Armstrong’s state- that program). HIV positive women is also being examined ment, Senator KENNEDY conceded ‘‘we agree Universal newborn HIV testing has re- through review of prenatal charts. Limited with Senator Armstrong that partner notifi- sulted in the identification of all HIV-ex- numbers of women whose HIV status was cation is an essential tool in the fight posed births. HIV test results from the new- identified by newborn testing are being against AIDS. . . . In unanimously approving born testing lab are often not available until interviewed to see what the impact of new- the amendment yesterday, I believe the Sen- two weeks after birth. These results are not born testing has been. ate has done what is responsible and nec- timely enough to permit administration of Ultimately, the goals of the prenatal HIV essary.’’ 6 ZDV therapy to prevent HIV transmission, prevention program in New York are to re- but can be used to counsel women to stop Mr. Speaker, I reserve the balance of duce prenatal HIV transmission to the low- breastfeeding which may prevent some cases my time. of transmission. Newborn testing has al- est possible level through; ensuring access to Mr. BROWN of Ohio. Mr. Speaker, I lowed hospital and health department staff prenatal care for all pregnant women; ensur- yield 2 minutes to the gentlewoman ing counseling and testing of all women in to ensure that over 98 percent of HIV posi- from California (Ms. PELOSI) who, with prenatal care; ensuring that all HIV positive tive mothers are aware of their HIV status the gentleman from California (Mr. and have their newborns referred for early pregnant women are offered and adhere to ZDV therapy and are evaluated themselves WAXMAN) has probably done more to diagnosis and care of HIV infection. In less fight HIV/AIDS in this institution. than 2 percent of cases have women not been for combination therapy and other care located to receive newborn HIV test results needs; ensuring that HIV test information is Ms. PELOSI. Mr. Speaker, I thank and have their HIV-exposed newborns tested transferred in a timely way to the antici- the gentleman from Ohio (Mr. BROWN) for HIV infection. The Department is in the pated birth hospital; and, conducting expe- for yielding me this time, and thank process of reviewing all pediatric medical dited testing in the delivery setting for all him for mentioning me in the same records up to 6 months of age for HIV-ex- women/newborns for whom prenatal HIV test breath as the gentleman from Cali- posed infants born starting in 1997 to deter- results are not available. Newborn testing will continue to be con- fornia (Mr. WAXMAN) on the issue of mine the quality of HIV care they are receiv- ducted at the Department’s Newborn Screen- HIV and AIDS. ing and to document the perinatal HIV ing Laboratory to ensure that all HIV posi- The gentleman from California (Mr. transmission rate. The second phase of the newborn HIV test- tive newborns are identified and referred to WAXMAN), in his remarks, pointed to ing program began on August 1, 1999. It care. The newborn testing data also provide the provisions of this Ryan White reau- added regulatory amendments to Subpart 69– valuable, timely information to monitor the thorization bill. The distinguished gen- 1 to require expedited HIV testing in the hos- epidemiology of perinatal HIV and preven- tleman from Ohio (Mr. BROWN), the pital delivery setting in cases where an HIV tion efforts. ranking member, talked about the need Thank you for your interest in our pro- test result from prenatal care is not avail- for it. I wish to associate myself with able. This addition to the newborn testing gram. Please let me know if I can provide any further information. their remarks. program was undertaken because of evidence Mr. Speaker, I also want to associate that perinatal HIV transmission may be re- Sincerely, duced by initiating ZDV therapy during GUTHRIE S. BIRKHEAD, M.D., M.P.H., myself with the remarks of the gen- labor or soon after delivery, even if ZDV was Director, AIDS Institute. tleman from New York (Mr. TOWNS) not taken during prenatal care (NEJM and the gentlewoman from California 1998;339:1409–1414). Hospitals now screen all 1990 SENATE RYAN WHITE CARE ACT DEBATE (Ms. ESHOO) in their pointing out, re- women admitted for delivery for HIV test re- REGARDING THE NEED FOR HIV PARTNER gretfully, the hold harmless clause NOTIFICATION sults from prenatal care. If a prenatal HIV that will not be contained in this bill. test result is not available, the hospital In May 1990, Senators BARBARA MIKULSKI I want to point out a few things, be- (D–MD) and TED KENNEDY (D–MA) offered an must provide the woman with HIV coun- cause my City of San Francisco, which seling and expedited testing if she consents. amendment to the original Ryan White If the mother does not consent to HIV test- CARE Act which passed unanimously that I represent, has been mentioned here ing of herself, the hospital must perform ex- would have required all states to esstablish pedited testing on her newborn immediately HIV reporting and partner notification pro- 2 Congressional Record—Senate, May 15, 1990, page after birth under the authority of the com- grams as a condition of receiving federal 10364. 3 prehensive newborn HIV testing law. Expe- funds under the CARE Act. Congressional Record—Senate, May 15, 1990, page Senator MIKULSKI stated that the addition 10360. dited tests must be available as soon as pos- 4 of this requirement was needed ‘‘to improve Congressional Record—Senate, May 15, 1990, page sible, but in no case longer than 48 hours. 10358. 1 Provisional data from the initial months of this legislation.’’ 5 Congressional Record—Senate, May 16, 1990, page the program show that 32 HIV positive 10718. women/newborns were identified for the first 1 Congressional Record—Senate, May 15, 1990, page 6 Congressional Record—Senate, May 16, 1990, page time by expedited testing at delivery, per- 10356. 10720.

VerDate 25-JUL-2000 06:53 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00198 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.198 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6977 this evening. Yes, we have suffered a funds. This is about fairness. This is debate is about. I understand that is great deal over the years from HIV/ not about fairness for a white male in where my colleagues want to take it. AIDS. When I came to Washington 13 Oklahoma. This is about fairness to an That is not what this debate is about. years ago from California, 13,000 people African American or Hispanic female Mr. Speaker, I yield to the gentle- had died in my district at that point in a rural area or in Baltimore who woman from California (Ms. ESHOO). from HIV/AIDS. We have suffered over today does not get the same amount of Ms. ESHOO. Mr. Speaker, I appre- the years greatly. We do not want any resources directed to them that is ciate the gentleman from Oklahoma other places to bear that pain. available to somebody in San Fran- yielding to me. Working with the gentleman from cisco. It is not about penalizing. It is Mr. Speaker, first of all to my col- California (Mr. WAXMAN) in a commu- about fairness. league, we have had experience with nity-based way, the Ryan White au- Mr. Speaker, I gladly yield to the the disease and in my own family. I thorization bill was developed with gentlewoman from California (Ms. have held someone in my arms and community-based input. PELOSI) for her question. watched them die from it. So that is Now, and at the time of the reauthor- Ms. PELOSI. Mr. Speaker, I thank enough experience, I think, for anyone. ization a number of years ago, it was the gentleman from Oklahoma for But what this debate is about is not not taken into consideration that there yielding to me. to say that the gentleman from Okla- homa is an unfair person. We are say- would be protease inhibitors which What I would say is what the gen- ing that this funding mechanism hurts would prolong life. What this bill does tleman is saying is not accurate. The an area that deserves the same kind of is penalizes San Francisco for two rea- fact is that we will see a decline. What funding for the people that have HIV sons. First of all, it does not give value is a mystery to me is that, while the gentleman is participating in this reau- and AIDS. to the work which we do with people Mr. COBURN. Mr. Speaker, reclaim- thorization of this very important leg- who are HIV infected to prevent them ing my time on that statement to say islation, maybe the top bill we will do from getting full-blown AIDS. Only at that that area, that EMA gets twice as this year, and I commend him all for that time when they have full-blown much money per person with that than the emphasis on prevention, because AIDS would they be counted in this anybody else in the country. formula. that is very, very important, but why If the gentlewoman can stand and de- Secondly, it again does not take into we would not be wanting to help people fend that while people in Oklahoma are consideration protease inhibitors, be- throughout the country, without pe- waiting in line and not getting drugs, cause if they would, then they would nalizing those who are fighting this, at while people cannot get any of the care recognize that people do live longer the HIV level instead of waiting until in rural areas in this country because and they are not predictably dead as people have a full-blown case of AIDS. more money is consumed in one EMA they would have been if we looked back Mr. COBURN. Mr. Speaker, reclaim- relative to all the rest, and we can 10 years and project out with the life ing my time, we will have to disagree. stand by and watch people have to wait expectancy. The facts, they are very obvious. The for somebody to die before they can get So what I am saying to my col- facts are people with HIV today in this on a drug list, I will not recognize that. leagues is support the bill. We must country are not and do not have the I will not accept that. I believe that it move it along. Please agree with the same reference to treatment and care is an unfounded statement. Senate language. The health director based on the funding formula that we Mr. Speaker, I reserve the balance of of New York State has said that this have. There is no recognition that we my time. bill, the Senate bill, is better for New want to and there is no admission that Mr. BROWN of Ohio. Mr. Speaker, I York than that bill which will do harm we want anybody to get less treatment, yield 11⁄4 minutes to the gentlewoman to New York and to California. nor will there be. from California (Ms. ESHOO). Mr. COBURN. Mr. Speaker, I yield The fact is that, as the gentlewoman Ms. ESHOO. Mr. Speaker, I thank the myself such time as I may consume. from California very well knows, in the distinguished ranking member for Mr. Speaker, I would challenge what San Francisco EMA, they spent $55,000 yielding me this time. the gentlewoman from California (Ms. of Ryan White CARE money to fund During the hearing that was before PELOSI) had to say. If my colleagues the advocacy of an election in Cali- our Subcommittee on Health and Envi- can see in this chart the nominal fund- fornia, an initiative balance that had ronment, which I am a member of, we ing per AIDS case, and the arguments nothing to do with Ryan White. had very clear testimony from individ- that she just made do not hold water. So we also know many other things uals, one of them, the distinguished The fact is the 13,000 people she de- about EMA that I do not think we need Health AIDS Director of the State of scribes, California still is getting to go into here. The facts are that, in New York that said that this funding money for them. Their funding formula San Jose, in the same area that the formula would hurt the State of New in San Francisco still considers those gentlewoman is, we are seeing $3,000 York and supported the Senate lan- 13,000. There is nothing in this bill as spent, whereas in the San Francisco guage and said that it would hurt Cali- people are identified with HIV, not EMA, it is $5,900. fornia as well. AIDS, San Francisco will get more So I would respectfully disagree with Number two, the chart that was just money, not less money. the gentlewoman from California (Ms. up here and being used I questioned at So the argument that there will be PELOSI). the committee markup. It was removed less money attributable to recognition The last point that I would make, if because we are changing, shifting gears of HIV and what is done in the EMA in one has never told somebody they have between title I and other titles, and San Francisco, it holds no water. HIV, if one has never been there to tell that does not give a clear picture. them that and then know they are not Number three, the GAO admitted on b 0000 going to have access, regardless of the record, admitted on the record that If one looks at this chart, what one whatever efforts one has, one cannot people that live beyond 10 years did not sees is that San Francisco, in real dol- imagine the feeling knowing that one fit within their fiscal year projections. lars, based on 1999 EMA gets $5,958 per just put that person in a position of The analysis that they had done, and AIDS case. The next closest is $3,132 in watching themselves die as we stand they had not done an analysis of this Miami, Florida. My colleagues can see by. impact. all the rest of the red there. The vast So I am not about to want anybody I think what has been acknowledged majority gets 60 percent or less than in the San Francisco EMA to have that is the following: Is that the funding San Francisco. experience because I have had to tell formula on hold harmless will do harm The goal of this bill is not to hurt people that, and I doubt very few oth- and that what we really need to have San Francisco. The goal of the bill is to ers in this body have. are additional resources in the bill so help those very people who do not have So I object to the fact that the gen- that we do not pit one American cit- access at anywhere close to the level to tlewoman would say that we are inter- izen that is HIV or with AIDS against the program, the medicines, or any ested in withholding care for anybody one another. That is what is the ulti- other aspect of the Ryan White CARE with this disease. That is not what this mate fairness.

VerDate 25-JUL-2000 06:45 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00199 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.298 pfrm02 PsN: H25PT1 H6978 CONGRESSIONAL RECORD — HOUSE July 25, 2000 Mr. COBURN. Mr. Speaker, may I in- Ms. JACKSON-LEE of Texas. Mr. to make sure that there is no waste; quire as to the balance of time. Speaker, this bill is extremely impor- that there is not exorbitant payments The SPEAKER pro tempore. The gen- tant because what it does is say that to groups that are not doing things to tleman from Oklahoma (Mr. COBURN) we want to save lives. I believe that we help people with HIV; that we do every- has 5 minutes remaining. The gen- can do a lot with this bill, and I look thing that we can to make sure the tleman from Ohio (Mr. BROWN) has 45 forward to us doing such. next person does not get infected. seconds remaining. But in my community they are ask- I took a lot of heat in 1995 putting a Mr. COBURN. Mr. Speaker, I yield ing for the Ryan White CARE Act to be baby AIDS bill into the Ryan White. It myself such time as I may consume. reauthorized and to be funded. I want never got funded, and what was funded Mr. Speaker, let me make a couple of to see more dollars for research and was not used for babies. The State of points. The area which the gentle- treatment. I want to see more dollars New York had the courage to put in a woman spoke about was from the con- to take care of those communities of baby AIDS bill, where if we did not cerns of New York were with title II. which I represent, African American know the status of the mother they We adjusted all of that funding, and population, Hispanic population. were tested. Today, all babies who are she is aware that we adjusted that. The I think we should recognize this is a born are tested for HIV; 98.8 percent of State of New York supports this bill. worldwide crisis. Forty million chil- them are in care. We have made a tre- So let there be no question. We re- dren will be orphaned in Africa. We mendous difference just in the discus- sponded to what they recognize was a must fight it worldwide and fight it in sion of it in the State of New York. I problem and fixed the title II funding the United States. applaud the State of New York for distribution in the bill. Mr. COBURN. Mr. Speaker, I yield what they have done. The second thing, the reason we Mr. Speaker, I thank again the gen- myself such time as I may consume. pulled the chart down was so we could tleman from California (Mr. WAXMAN) (Mr. COBURN asked and was given put up the other one, which both show and his staff, Paul; my staff, Roland the same thing. permission to revise and extend his re- Foster, and I look forward to the con- The GAO testimony is clear. There is marks.) ference as we go along, because the a disproportionate amount of money Mr. COBURN. Mr. Speaker, we have House, I am sure, will pass this bill. going for people in the EMA in San just spent 15 minutes talking about a Mr. CROWLEY. Mr. Speaker, I rise in strong Francisco. I do not want to see that tug of war over money, and what we support of the Ryan White CARE Act Amend- drop one penny. I do not believe it will. should be talking about is prevention ments of 2000. If I thought it would, I would not be and the great things this bill does to This legislation reflects a number of key pri- sponsoring this bill. keep the next person from getting HIV orities for my constituents in Queens and the I believe the statement of the gen- infected. Bronx, New York City by reauthorizing the tleman from New York (Mr. TOWNS) When I came to Congress in 1995, one most important and most widely encom- was probably the most profound of all, of my goals was to try to raise the passing set of programs for people with HIV that we need more money. Dr. Green’s level of awareness of how we can pre- and AIDS. testimony about more ADAP funds we vent this disease. This is not hard. But On May 23, the AIDS Alliance for Children, authorized whatever may be consumed we have let extraneous issues get be- Youth and Families held its annual ``Lobby in this bill, and it is our job to make fore us. Day'' in Washington to fight for increased re- sure it is appropriated to make sure b 0010 sources for those people living with HIV and AIDS. those people are there. There is no one on that side that I So I think it is important for us to be At this meeting, I had the opportunity to doubt their compassion for wanting to clear. The fact is that GAO testimony speak with Ms. Martha Diaz of the Montifiore do the same thing I want to do, and says there is a marked disproportion. Medical Center in the Bronx, New York, in my that is to not ever see another person We are not going to fix that all. We are Congressional District. get this disease. The gentlewoman Ms. Diaz deals with children and youths suf- going to fix that a little bit, 2 percent from California (Ms. PELOSI) and the fering from HIV and AIDS. Instead of actually this year, which, in direction, 2 percent gentlewoman from California (Ms. lobbying me on the issue of reauthorizing this year with what has been appro- ESHOO) feel as strongly about that as I Ryan White, she had her guests do the talk- priated will have no effect on the San do, and I know the gentleman from ingÐover 100 mothers and children, many Francisco EMA. I would hope that they California (Mr. WAXMAN) does. suffering from the affliction of AIDS. would recognize that. The gentleman from California has Their words were more touching than any- Mr. Speaker, I reserve the balance of thing I can state on the floor today. But I am my time to close. been a prince to work with. It has been one of the real pleasures of my time in here to support this reauthorization for them Mr. BROWN of Ohio. Mr. Speaker, I and the thousands of Americans who battle yield the final 45 seconds to the gentle- Congress to have worked on this bill with him, and I will remember it and I this virus everyday of their lives. woman from Texas (Ms. JACKSON-LEE). In New York, the AIDS crisis is particularly Ms. JACKSON-LEE. Mr. Speaker, I thank him for his cooperation. But we cannot forget about what this acute. New York City AIDS cases represent thank the distinguished ranking mem- over 85 percent of the AIDS cases in New ber for his kindness in yielding me this epidemic is about. There should not be 40,000 new infections this year for this York State and 17 percent of the national total time. I thank the gentleman from Cali- with 180,000 deaths from AIDS and AIDS re- fornia (Mr. WAXMAN) for his leadership disease. Now, think about it. For every one person who gets this disease, it is lated illnesses in 1998. and the gentleman from Oklahoma Sadly, this horrible disease has dispropor- a minimum of $10,000 in health care. If (Mr. COBURN) for his leadership on H.R. tionately affected minorities. The majority of in- we prevent 1,000 from getting it, we 4807, the Ryan White CARE Act of 2000. dividuals living with AIDS in New York City are Mr. Speaker, I have had the dis- save $10 million in health care that people of color. pleasure of speaking and recollecting year, the next year, and every year. If African Americans are more than eight with a friend who is laying comatose in we drop the infection rate in half in times as likely as whites to have HIV and a hospital room dying of AIDS. I had this country, we will save $5 billion in AIDS, and Hispanics more than four times as the unfortunate opportunity, I guess, 3 years, just by dropping the infection likely. and it is not an opportunity to get a rate. We will have more money to take The most stunning fact I have come across call to say that a friend was dying, and care of everybody that has it, plus we is from the U.S. Department of health and rushing to their bedside and getting will be able to spend $5 billion on can- Human Services in October of 1998, when there just a little too late, and that cer research for breast cancer, just by they reported that AIDS is the leading killer of friend died of AIDS. prevention. black men age 25±44 and the second leading I have had coworkers who have lost We get lost in the wrong issues. The cause of death for black women aged 25±44. their life as well. So this bill is ex- issue is prevention. This bill goes a Together, Black and Hispanic women rep- tremely important. long way in identifying that. I will resent one fourth of all women in the United Mr. COBURN. Mr. Speaker, I yield 30 work with anybody to make sure no- States but account for more than three quar- seconds to the gentlewoman from body gets shortchanged when it comes ters of the AIDS cases among women in the Texas (Ms. JACKSON-LEE). to this, but we have to work together country.

VerDate 25-JUL-2000 06:53 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00200 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JY7.300 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6979 These are horrible statistics, but the Ryan this vitally needed legislation to reauthorize checked and exponential growth represents a White CARE Act is battling to change this funding to continue the fight against this dead- most extreme threat. story to bring down these horrendously high ly virus. Over the last few years we have seen a numbers. Ever 12 minutes another person in the dramatic increase in spending for AIDS and Specifically, this legislation also deals with United States is newly infected with HIV, the HIV research, and accordingly, we have made one of my key projects, that of Babies born virus that causes AIDS. This equates to be- some great progress regarding the treatment with AIDS. tween 800,000 and 900,000 individuals now and understanding of this horrible disease. I have long worked in my community nota- living with HIV/AIDS. About a third of these in- However, we must not forget about the bly with Assemblywoman Nettie Mayersohn of dividuals have been diagnosed and are in 650,000±900,000 people who currently live Flushing, Queens, New York. Assembly- care; another third have been diagnosed, but with this disease and may have neither the woman Mayersohn and I have been active, may not be receiving ongoing care for their means nor the opportunity to get the treatment both in Albany and now in Washington, in HIV disease; and the last third have not been they need and deserve. It is for these people, working to address the issue of newborns with diagnosed and, therefore are not in care. and for those who will be infected before such AIDS. H.R. 4807 will take the Ryan White CARE a time when a vaccine and other prevention This legislation will amend the current Baby program further than it ever has before to methods are widely accessible and affordable, AIDS grant program by adding treatment serv- reach out and assist these infected individuals. that we must pass the Ryan White CARE Act ices for pregnant women with HIV to the list of This bill will refine the focus of the Ryan White Amendments of 2000. authorized uses, which include counseling, CARE program, by not only continuing to fund Under this act, funding to metropolitan areas voluntary testing and outreach for pregnant programs to assist those individuals with will not only be based on the number of AIDS women with HIV and offset of State implemen- AIDS, but by also creating programs to assist cases, but will also take into account the num- tation of mandatory newborn testing programs. HIV-positive individuals. AIDS is the end stage ber of HIV infections. If we are to win this war I ask my colleagues to support this legisla- of HIV disease and can occur up to 10 or 15 we must do what we can to tackle AIDS in its tion and send a signal to those living with HIV years after infection. By providing HIV-positive early stages, and this means the treatment of and AIDS that this Congress is not ignoring individuals with pro-active and aggressive people who suffer from HIV infection and not their needs. treatment before it progresses into AIDS, we just the full-blown virus. Mr. DREIER. Mr. Speaker, I am pleased to could enhance their quality of life and prevent Under the act, grants for dealing with support H.R. 4807 which reauthorizes the further transmission of this deadly virus. perinatal transmission of HIV are increased Ryan White Comprehensive AIDS Resources H.R. 4807 also takes further measures fo- from $10 to $30 million. This increased fund- Emergency (CARE) Act. I want to thank my cused on prevention. States with effective ing will add treatment services for pregnant colleagues on the Commerce Committee and partner notification and HIV surveillance pro- women infected with HIV, and will increase the particularly, Representatives COBURN and grams will be eligible for additional federal funding for service on the current list which in- WAXMAN for their work in bringing forth a bi- funds. Partner notification programs have cludes counseling, voluntary testing, and out- partisan bill. been proven particularly effective in finding in- reach. The CARE Act is critical to the lives and dividuals from traditionally under-served com- Although we are extremely grateful for the well-being of hundreds of thousands of individ- munities and getting them into care. Federal recent advances in the treatment of HIV and uals living with HIV and AIDS and those who resources will also be provided to assist states AIDS, they still represent a very real threat to are at risk of contracting HIV. Now in its tenth with efforts to reduce perinatal HIV trans- the well-being and security of our nation. By year, the CARE Act has been instrumental in mission and to identify newborns at risk for in- passing the Ryan White CARE Act Amend- creating and maintaining a system of care for fection, and individuals infected with HIV ments of 2000 we will come one step closer those individuals without the ability to pay, in- would be provided counseling to better em- to winning the war on HIV and AIDS, and we cluding state-of-the-art medical services, cut- power them to disclose their status to potential will come one step closer to helping those al- ting-edge diagnostic techniques, newly devel- partners. ready infected with HIV and AIDS live more oped pharmaceutical therapies, and social Mr. Speaker, with almost 1,000,000 people productive and healthier lives. support services. living with HIV and AIDS in America today, I Mr. Speaker, distinguished colleagues, we The CARE Act is significant to many individ- am sure that many of us know someone who must pass H.R. 4807. It is imperative to the uals, and H.R. 4807 directs federal funding to is suffering or has suffered from this virus. Un- well being of our country, and it is imperative growing populations affected by the disease. fortunately, my sister-in-law's life was tragically to me as a public servant, and it is imperative Specifically, this bill addresses long-standing cut short by AIDS just four years ago. She to anybody who has seen the devastating ef- historical inequities in the distribution of funds had been infected by her ex-husband, and my fects of HIV and AIDS. I urge all of my col- across Ryan White Title I areas, the portion of brother and Kristin had no idea of her infection leagues to support H.R. 4807 so that we can the Act directed to the epicenters of the epi- until she was near death. My entire family is continue to provide these important programs demic, which includes Los Angeles County. committed to working towards preventing fur- to those living with this disease. These inequities are driven primarily through ther innocent lives from being stolen away Mr. BILIRAKIS. Mr. Speaker, I rise today in the implementation of the ``holding harmless'' again. While I have consistently voted to sup- support of H.R. 4807, the Ryan White CARE provision included in the previous reauthoriza- port federal programs to treat and prevent Act Amendments of 2000. The Health and En- tion. AIDS, my wife, Peggy, has done her part as vironment Subcommittee held a hearing on The changing dynamic of the disease well. In 1997, she biked 300 long miles in the the bill earlier this month. On July 13th, the full means that the CARE Act can no longer dis- AIDS bike-a-thon to raise money for AIDS Commerce Committee approved the bill by regard the needs of all the other jurisdictions charities. My family's commitment to assisting voice vote, after adopting several bipartisan to protect just one jurisdiction. I believe that individuals with HIV and AIDS is deep and amendments to further refine and strengthen this bill ensures greater equity in the distribu- personal. Mr. Speaker, I ask my fellow col- this important legislation. tion of Ryan White funds across those jurisdic- leagues to do their part as well in the fight The swift movement of this measure is a tions most heavily impacted by the AIDS epi- against AIDS by voting in support of the Ryan testament to its bipartisan nature, and I want demic. White CARE Act Amendments of 2000. to commend Congressmen TOM COBURN and Once again, I want to commend my col- Mr. LARSON. Mr. Speaker, I rise today in HENRY WAXMAN for their hard work. I was leagues on the Commerce Committee for support of H.R. 4807, the Ryan White CARE pleased to join many of my Committee col- bringing forward this bipartisan legislation, and Act Amendments of 2000. The programs that leagues as an original cosponsor of the bill. I urge my colleagues to join me in voting for this will fund ensure that those living with HIV The Ryan White Comprehensive AIDS this measure. and AIDS in major metropolitan areas, as well Resouces Emergency or ``CARE'' Act was en- Mr. DAVIS of Virginia. Mr. Speaker, I rise as elsewhere, continue to get the federal sup- acted in 1990, and Congress approved bipar- today in strong support of H.R. 4807, the port services they need. tisan legislation to reauthorize the law in 1996. Ryan White CARE Act Amendments of 2000. HIV and AIDS are problems that America The Ryan White CARE Act provides critical Since its enactment in 1990, the Ryan White cannot afford to turn her back on. According to funding for health and social services to the CARE program has provided comprehensive the Centers for Disease Control and Preven- estimated one million Americans living with medical and social services to hundreds of tion, the number of Americans living with AIDS HIV and AIDS. The bill before us, H.R. 4807, thousands of individuals infected with the has more than doubled over the last five will ensure that these patients continue to re- human immunodeficiency virus (HIV) and years, and it is currently the 5th leading cause ceive the care and medications they need to AIDS. And I am proud to be a cosponsor of of death among people aged 25±44. Such un- enhance and prolong their lives.

VerDate 25-JUL-2000 06:45 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00201 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JY7.187 pfrm02 PsN: H25PT1 H6980 CONGRESSIONAL RECORD — HOUSE July 25, 2000 H.R. 4807 makes an important change by SECTION 1. SHORT TITLE; TABLE OF CONTENTS. communities through full integration and in- relying on the number of HIV-infected individ- (a) SHORT TITLE.—This Act may be cited as clusion in the economic, political, social, ualsÐas opposed to only the number of per- the ‘‘Developmental Disabilities Assistance cultural, and educational mainstream of and Bill of Rights Act of 2000’’. sons living with AIDSÐas the basis for allo- United States society; (b) TABLE OF CONTENTS.—The table of con- cating funding under Titles I and II of the Ryan (2) in 1999, there were between 3,200,000 and tents of this Act is as follows: 4,500,000 individuals with developmental dis- White CARE Act. By targeting resources to Sec. 1. Short title; table of contents. abilities in the United States, and recent the ``front line'' of the epidemic, we will be able TITLE I—PROGRAMS FOR INDIVIDUALS studies indicate that individuals with devel- to reduce transmission rates and ensure the WITH DEVELOPMENTAL DISABILITIES opmental disabilities comprise between 1.2 necessary infrastructure is in place to provide Subtitle A—General Provisions and 1.65 percent of the United States popu- care to HIV-positive individuals as soon as lation; Sec. 101. Findings, purposes, and policy. possible. This change will allow the federal (3) individuals whose disabilities occur dur- Sec. 102. Definitions. ing their developmental period frequently government to be pro-active, instead of reac- Sec. 103. Records and audits. tive, in the fight against HIV and AIDS. Sec. 104. Responsibilities of the Secretary. have severe disabilities that are likely to It should be noted, however that this shift Sec. 105. Reports of the Secretary. continue indefinitely; will only occur when reliable data on HIV prev- Sec. 106. State control of operations. (4) individuals with developmental disabil- alence is available. The bill also includes a Sec. 107. Employment of individuals with ities often encounter discrimination in the disabilities. provision of critical services, such as serv- ``hold harmless'' provision to ensure that no ices in the areas of emphasis (as defined in metropolitan area will suffer a drastic reduction Sec. 108. Construction. Sec. 109. Rights of individuals with develop- section 102); in CARE Act funds. mental disabilities. (5) individuals with developmental disabil- H.R. 4807 also increases the focus on pre- Subtitle B—Federal Assistance to State ities are at greater risk than the general vention. States with effective partner notifica- Councils on Developmental Disabilities population of abuse, neglect, financial and tion and HIV surveillance programs will be eli- sexual exploitation, and the violation of Sec. 121. Purpose. their legal and human rights; gible for additional federal funds. Several wit- Sec. 122. State allotments. (6) a substantial portion of individuals nesses at our Subcommittee hearing empha- Sec. 123. Payments to the States for plan- with developmental disabilities and their sized the importance of partner notification ning, administration, and serv- families do not have access to appropriate programs as an effective way to identify indi- ices. support and services, including access to as- viduals from traditionally under-served commu- Sec. 124. State plan. Sec. 125. State Councils on Developmental sistive technology, from generic and special- nities and help them obtain care. This empha- ized service systems, and remain unserved or sis on prevention services is part of a com- Disabilities and designated State agencies. underserved; prehensive effort under the bill to eliminate Sec. 126. Federal and non-Federal share. (7) individuals with developmental disabil- barriers to access to care. Sec. 127. Withholding of payments for plan- ities often require lifelong community serv- In closing, Mr. Speaker, I want to again rec- ning, administration, and serv- ices, individualized supports, and other ognize the hard work of all the Members who ices. forms of assistance, that are most effective worked together on a bipartisan basis to ad- Sec. 128. Appeals by States. when provided in a coordinated manner; vance this reauthorization bill. H.R. 4807 is a Sec. 129. Authorization of appropriations. (8) there is a need to ensure that services, critical piece of legislation that can literally Subtitle C—Protection and Advocacy of supports, and other assistance are provided in a culturally competent manner, that en- save lives, and I urge all Members to join me Individual Rights sures that individuals from racial and ethnic Sec. 141. Purpose. today in supporting this important legislation. minority backgrounds are fully included in Sec. 142. Allotments and payments. The SPEAKER pro tempore (Mr. all activities provided under this title; Sec. 143. System required. TANCREDO). The question is on the mo- (9) family members, friends, and members tion offered by the gentleman from Sec. 144. Administration. Sec. 145. Authorization of appropriations. of the community can play an important Oklahoma (Mr. COBURN) that the House role in enhancing the lives of individuals suspend the rules and pass the bill, Subtitle D—National Network of University with developmental disabilities, especially Centers for Excellence in Developmental when the family members, friends, and com- H.R. 4807, as amended. Disabilities Education, Research, and munity members are provided with the nec- The question was taken; and (two- Service essary community services, individualized thirds having voted in favor thereof) Sec. 151. Grant authority. the rules were suspended and the bill, supports, and other forms of assistance; Sec. 152. Grant awards. (10) current research indicates that 88 per- as amended, was passed. Sec. 153. Purpose and scope of activities. cent of individuals with developmental dis- A motion to reconsider was laid on Sec. 154. Applications. abilities live with their families or in their Sec. 155. Definition. the table. own households; Sec. 156. Authorization of appropriations. f (11) many service delivery systems and Subtitle E—Projects of National communities are not prepared to meet the REMOVAL OF NAME OF MEMBER Significance impending needs of the 479,862 adults with AS COSPONSOR OF H.R. 3250 Sec. 161. Purpose. developmental disabilities who are living at Sec. 162. Grant authority. home with parents who are 60 years old or Mr. COBURN. Mr. Speaker, I ask Sec. 163. Authorization of appropriations. older and who serve as the primary care- unanimous consent to withdraw my TITLE II—PROGRAM FOR DIRECT SUP- givers of the adults; name from H.R. 3250. PORT WORKERS WHO ASSIST INDIVID- (12) in almost every State, individuals with The SPEAKER pro tempore. Is there UALS WITH DEVELOPMENTAL DIS- developmental disabilities are waiting for objection to the request of the gen- ABILITIES appropriate services in their communities, in tleman from Oklahoma? Sec. 201. Findings. the areas of emphasis; There was no objection. Sec. 202. Definitions. (13) the public needs to be made more aware of the capabilities and competencies f Sec. 203. Reaching up scholarship program. Sec. 204. Staff development curriculum au- of individuals with developmental disabil- DEVELOPMENTAL DISABILITIES thorization. ities, particularly in cases in which the indi- ASSISTANCE AND BILL OF Sec. 205. Authorization of appropriations. viduals are provided with necessary services, TITLE III—REPEAL supports, and other assistance; RIGHTS ACT OF 2000 (14) as increasing numbers of individuals Sec. 301. Repeal. Mr. LAZIO. Mr. Speaker, I move to with developmental disabilities are living, suspend the rules and pass the bill TITLE I—PROGRAMS FOR INDIVIDUALS learning, working, and participating in all WITH DEVELOPMENTAL DISABILITIES (H.R. 4920) to improve service systems aspects of community life, there is an in- for individuals with developmental dis- Subtitle A—General Provisions creasing need for a well trained workforce abilities, and for other purposes, as SEC. 101. FINDINGS, PURPOSES, AND POLICY. that is able to provide the services, supports, amended. (a) FINDINGS.—Congress finds that— and other forms of direct assistance required to enable the individuals to carry out those The Clerk read as follows: (1) disability is a natural part of the human experience that does not diminish the activities; H.R. 4920 right of individuals with developmental dis- (15) there needs to be greater effort to re- Be it enacted by the Senate and House of Rep- abilities to live independently, to exert con- cruit individuals from minority backgrounds resentatives of the United States of America in trol and choice over their own lives, and to into professions serving individuals with de- Congress assembled, fully participate in and contribute to their velopmental disabilities and their families;

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00202 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.191 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6981 (16) the goals of the Nation properly in- (D) to disseminate information related to contributions to their families, commu- clude a goal of providing individuals with de- activities undertaken to address the purpose nities, and States, and the Nation; velopmental disabilities with the informa- of this title, especially dissemination of in- (9) efforts undertaken to maintain or ex- tion, skills, opportunities, and support to— formation that demonstrates that the net- pand community-based living options for in- (A) make informed choices and decisions work authorized under this subtitle is a na- dividuals with disabilities should be mon- about their lives; tional and international resource that in- itored in order to determine and report to (B) live in homes and communities in cludes specific substantive areas of expertise appropriate individuals and entities the ex- which such individuals can exercise their full that may be accessed and applied in diverse tent of access by individuals with develop- rights and responsibilities as citizens; settings and circumstances; and mental disabilities to those options and the (C) pursue meaningful and productive (4) funding for— extent of compliance by entities providing lives; (A) national initiatives to collect nec- those options with quality assurance stand- (D) contribute to their families, commu- essary data on issues that are directly or in- ards; nities, and States, and the Nation; directly relevant to the lives of individuals (10) families of children with develop- (E) have interdependent friendships and re- with developmental disabilities; mental disabilities need to have access to lationships with other persons; (B) technical assistance to entities who en- and use of safe and appropriate child care (F) live free of abuse, neglect, financial and gage in or intend to engage in activities con- and before-school and after-school programs, sexual exploitation, and violations of their sistent with the purpose described in this in the most integrated settings, in order to legal and human rights; and subsection or the policy described in sub- enrich the participation of the children in (G) achieve full integration and inclusion section (c); and community life; in society, in an individualized manner, con- (C) other nationally significant activities. (11) individuals with developmental dis- sistent with the unique strengths, resources, (c) POLICY.—It is the policy of the United abilities need to have access to and use of priorities, concerns, abilities, and capabili- States that all programs, projects, and ac- public transportation, in order to be inde- ties of each individual; and tivities receiving assistance under this title pendent and directly contribute to and par- (17) as the Nation, States, and commu- shall be carried out in a manner consistent ticipate in all facets of community life; and with the principles that— nities maintain and expand community liv- (12) individuals with developmental dis- (1) individuals with developmental disabil- ing options for individuals with develop- abilities need to have access to and use of ities, including those with the most severe mental disabilities, there is a need to evalu- recreational, leisure, and social opportuni- developmental disabilities, are capable of ate the access to those options by individ- ties in the most integrated settings, in order self-determination, independence, produc- uals with developmental disabilities and the to enrich their participation in community tivity, and integration and inclusion in all effects of those options on individuals with life. developmental disabilities. facets of community life, but often require SEC. 102. DEFINITIONS. (b) PURPOSE.—The purpose of this title is the provision of community services, indi- to assure that individuals with develop- vidualized supports, and other forms of as- In this title: mental disabilities and their families par- sistance; (1) AMERICAN INDIAN CONSORTIUM.—The ticipate in the design of and have access to (2) individuals with developmental disabil- term ‘‘American Indian Consortium’’ means needed community services, individualized ities and their families have competencies, any confederation of 2 or more recognized supports, and other forms of assistance that capabilities, and personal goals that should American Indian tribes, created through the promote self-determination, independence, be recognized, supported, and encouraged, official action of each participating tribe, productivity, and integration and inclusion and any assistance to such individuals that has a combined total resident popu- in all facets of community life, through cul- should be provided in an individualized man- lation of 150,000 enrolled tribal members and turally competent programs authorized ner, consistent with the unique strengths, a contiguous territory of Indian lands in 2 or under this title, including specifically— resources, priorities, concerns, abilities, and more States. (1) State Councils on Developmental Dis- capabilities of such individuals; (2) AREAS OF EMPHASIS.—The term ‘‘areas abilities in each State to engage in advo- (3) individuals with developmental disabil- of emphasis’’ means the areas related to cacy, capacity building, and systemic change ities and their families are the primary deci- quality assurance activities, education ac- activities that— sionmakers regarding the services and sup- tivities and early intervention activities, (A) are consistent with the purpose de- ports such individuals and their families re- child care-related activities, health-related scribed in this subsection and the policy de- ceive, including regarding choosing where activities, employment-related activities, scribed in subsection (c); and the individuals live from available options, housing-related activities, transportation-re- (B) contribute to a coordinated, consumer- and play decisionmaking roles in policies lated activities, recreation-related activi- and family-centered, consumer- and family- and programs that affect the lives of such in- ties, and other services available or offered directed, comprehensive system that in- dividuals and their families; to individuals in a community, including for- cludes needed community services, individ- (4) services, supports, and other assistance mal and informal community supports, that ualized supports, and other forms of assist- should be provided in a manner that dem- affect their quality of life. ance that promote self-determination for in- onstrates respect for individual dignity, per- (3) ASSISTIVE TECHNOLOGY DEVICE.—The dividuals with developmental disabilities sonal preferences, and cultural differences; term ‘‘assistive technology device’’ means and their families; (5) specific efforts must be made to ensure any item, piece of equipment, or product sys- (2) protection and advocacy systems in that individuals with developmental disabil- tem, whether acquired commercially, modi- each State to protect the legal and human ities from racial and ethnic minority back- fied or customized, that is used to increase, rights of individuals with developmental dis- grounds and their families enjoy increased maintain, or improve functional capabilities abilities; and meaningful opportunities to access and of individuals with developmental disabil- (3) University Centers for Excellence in De- use community services, individualized sup- ities. velopmental Disabilities Education, Re- ports, and other forms of assistance avail- (4) ASSISTIVE TECHNOLOGY SERVICE.—The search, and Service— able to other individuals with developmental term ‘‘assistive technology service’’ means (A) to provide interdisciplinary pre-service disabilities and their families; any service that directly assists an indi- preparation and continuing education of stu- (6) recruitment efforts in disciplines re- vidual with a developmental disability in the dents and fellows, which may include the lated to developmental disabilities relating selection, acquisition, or use of an assistive preparation and continuing education of to pre-service training, community training, technology device. Such term includes— leadership, direct service, clinical, or other practice, administration, and policymaking (A) conducting an evaluation of the needs personnel to strengthen and increase the ca- must focus on bringing larger numbers of ra- of an individual with a developmental dis- pacity of States and communities to achieve cial and ethnic minorities into the dis- ability, including a functional evaluation of the purpose of this title; ciplines in order to provide appropriate the individual in the individual’s customary (B) to provide community services— skills, knowledge, role models, and sufficient environment; (i) that provide training and technical as- personnel to address the growing needs of an (B) purchasing, leasing, or otherwise pro- sistance for individuals with developmental increasingly diverse population; viding for the acquisition of an assistive disabilities, their families, professionals, (7) with education and support, commu- technology device by an individual with a de- paraprofessionals, policymakers, students, nities can be accessible to and responsive to velopmental disability; and other members of the community; and the needs of individuals with developmental (C) selecting, designing, fitting, custom- (ii) that may provide services, supports, disabilities and their families and are en- izing, adapting, applying, maintaining, re- and assistance for the persons described in riched by full and active participation in pairing or replacing an assistive technology clause (i) through demonstration and model community activities, and contributions, by device; activities; individuals with developmental disabilities (D) coordinating and using another ther- (C) to conduct research, which may include and their families; apy, intervention, or service with an assist- basic or applied research, evaluation, and the (8) individuals with developmental disabil- ive technology device, such as a therapy, analysis of public policy in areas that affect ities have access to opportunities and the intervention, or service associated with an or could affect, either positively or nega- necessary support to be included in commu- education or rehabilitation plan or program; tively, individuals with developmental dis- nity life, have interdependent relationships, (E) providing training or technical assist- abilities and their families; and live in homes and communities, and make ance for an individual with a developmental

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00203 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.181 pfrm02 PsN: H25PT1 H6982 CONGRESSIONAL RECORD — HOUSE July 25, 2000 disability, or, where appropriate, a family necessary, to maximize their educational po- (i) enable such individual to control such member, guardian, advocate, or authorized tential, to benefit from lifelong educational individual’s environment, permitting the representative of an individual with a devel- activities, and to be integrated and included most independent life possible; opmental disability; and in all facets of student life. (ii) prevent placement into a more restric- (F) providing training or technical assist- (11) EMPLOYMENT-RELATED ACTIVITIES.—The tive living arrangement than is necessary; ance for professionals (including individuals term ‘‘employment-related activities’’ and providing education and rehabilitation serv- means advocacy, capacity building, and sys- (iii) enable such individual to live, learn, ices), employers, or other individuals who temic change activities that result in indi- work, and enjoy life in the community; and provide services to, employ, or are otherwise viduals with developmental disabilities ac- (C) include— substantially involved in the major life func- quiring, retaining, or advancing in paid em- (i) early intervention services; tions of, an individual with developmental ployment, including supported employment (ii) respite care; disabilities. or self-employment, in integrated settings in (iii) personal assistance services; (5) CENTER.—The term ‘‘Center’’ means a a community. (iv) family support services; University Center for Excellence in Develop- (12) FAMILY SUPPORT SERVICES.— (v) supported employment services; mental Disabilities Education, Research, and (A) IN GENERAL.—The term ‘‘family support (vi) support services for families headed by Service established under subtitle D. services’’ means services, supports, and other aging caregivers of individuals with develop- (6) CHILD CARE-RELATED ACTIVITIES.—The assistance, provided to families with mem- mental disabilities; and term ‘‘child care-related activities’’ means bers who have developmental disabilities, advocacy, capacity building, and systemic (vii) provision of rehabilitation technology that are designed to— change activities that result in families of and assistive technology, and assistive tech- (i) strengthen the family’s role as primary children with developmental disabilities hav- nology services. caregiver; ing access to and use of child care services, (17) INTEGRATION.—The term ‘‘integra- (ii) prevent inappropriate out-of-the-home including before-school, after-school, and tion’’, used with respect to individuals with placement of the members and maintain out-of-school services, in their communities. developmental disabilities, means exercising family unity; and (7) CULTURALLY COMPETENT.—The term the equal right of individuals with develop- (iii) reunite families with members who ‘‘culturally competent’’, used with respect to mental disabilities to access and use the services, supports, or other assistance, have been placed out of the home whenever same community resources as are used by means services, supports, or other assistance possible. and available to other individuals. that is conducted or provided in a manner (B) SPECIFIC SERVICES.—Such term includes (18) NOT-FOR-PROFIT.—The term ‘‘not-for- that is responsive to the beliefs, inter- respite care, provision of rehabilitation tech- profit’’, used with respect to an agency, in- personal styles, attitudes, language, and be- nology and assistive technology, personal as- stitution, or organization, means an agency, haviors of individuals who are receiving the sistance services, parent training and coun- institution, or organization that is owned or services, supports, or other assistance, and seling, support for families headed by aging operated by 1 or more corporations or asso- in a manner that has the greatest likelihood caregivers, vehicular and home modifica- ciations, no part of the net earnings of which of ensuring their maximum participation in tions, and assistance with extraordinary ex- inures, or may lawfully inure, to the benefit the program involved. penses, associated with the needs of individ- of any private shareholder or individual. uals with developmental disabilities. (8) DEVELOPMENTAL DISABILITY.— (19) PERSONAL ASSISTANCE SERVICES.—The (A) IN GENERAL.—The term ‘‘developmental (13) HEALTH-RELATED ACTIVITIES.—The term ‘‘personal assistance services’’ means a disability’’ means a severe, chronic dis- term ‘‘health-related activities’’ means ad- range of services, provided by 1 or more indi- ability of an individual that— vocacy, capacity building, and systemic viduals, designed to assist an individual with (i) is attributable to a mental or physical change activities that result in individuals a disability to perform daily activities, in- impairment or combination of mental and with developmental disabilities having ac- cluding activities on or off a job that such cess to and use of coordinated health, dental, physical impairments; individual would typically perform if such mental health, and other human and social (ii) is manifested before the individual at- individual did not have a disability. Such services, including prevention activities, in tains age 22; services shall be designed to increase such their communities. (iii) is likely to continue indefinitely; individual’s control in life and ability to per- (14) HOUSING-RELATED ACTIVITIES.—The (iv) results in substantial functional limi- form everyday activities, including activi- term ‘‘housing-related activities’’ means ad- tations in 3 or more of the following areas of ties on or off a job. major life activity: vocacy, capacity building, and systemic (20) PREVENTION ACTIVITIES.—The term change activities that result in individuals (I) Self-care. ‘‘prevention activities’’ means activities with developmental disabilities having ac- (II) Receptive and expressive language. that address the causes of developmental dis- (III) Learning. cess to and use of housing and housing sup- abilities and the exacerbation of functional (IV) Mobility. ports and services in their communities, in- limitation, such as activities that— (V) Self-direction. cluding assistance related to renting, own- (A) eliminate or reduce the factors that (VI) Capacity for independent living. ing, or modifying an apartment or home. cause or predispose individuals to develop- (VII) Economic self-sufficiency; and (15) INCLUSION.—The term ‘‘inclusion’’, mental disabilities or that increase the prev- (v) reflects the individual’s need for a com- used with respect to individuals with devel- bination and sequence of special, inter- opmental disabilities, means the acceptance alence of developmental disabilities; disciplinary, or generic services, individual- and encouragement of the presence and par- (B) increase the early identification of ized supports, or other forms of assistance ticipation of individuals with developmental problems to eliminate circumstances that that are of lifelong or extended duration and disabilities, by individuals without disabil- create or increase functional limitations; are individually planned and coordinated. ities, in social, educational, work, and com- and (B) INFANTS AND YOUNG CHILDREN.—An indi- munity activities, that enables individuals (C) mitigate against the effects of develop- vidual from birth to age 9, inclusive, who has with developmental disabilities to— mental disabilities throughout the lifespan a substantial developmental delay or specific (A) have friendships and relationships with of an individual. congenital or acquired condition, may be individuals and families of their own choice; (21) PRODUCTIVITY.—The term ‘‘produc- considered to have a developmental dis- (B) live in homes close to community re- tivity’’ means— ability without meeting 3 or more of the cri- sources, with regular contact with individ- (A) engagement in income-producing work teria described in clauses (i) through (v) of uals without disabilities in their commu- that is measured by increased income, im- subparagraph (A) if the individual, without nities; proved employment status, or job advance- services and supports, has a high probability (C) enjoy full access to and active partici- ment; or of meeting those criteria later in life. pation in the same community activities and (B) engagement in work that contributes (9) EARLY INTERVENTION ACTIVITIES.—The types of employment as individuals without to a household or community. term ‘‘early intervention activities’’ means disabilities; and (22) PROTECTION AND ADVOCACY SYSTEM.— advocacy, capacity building, and systemic (D) take full advantage of their integration The term ‘‘protection and advocacy system’’ change activities provided to individuals de- into the same community resources as indi- means a protection and advocacy system es- scribed in paragraph (8)(B) and their families viduals without disabilities, living, learning, tablished in accordance with section 143. to enhance— working, and enjoying life in regular contact (23) QUALITY ASSURANCE ACTIVITIES.—The (A) the development of the individuals to with individuals without disabilities. term ‘‘quality assurance activities’’ means maximize their potential; and (16) INDIVIDUALIZED SUPPORTS.—The term advocacy, capacity building, and systemic (B) the capacity of families to meet the ‘‘individualized supports’’ means supports change activities that result in improved special needs of the individuals. that— consumer- and family-centered quality as- (10) EDUCATION ACTIVITIES.—The term (A) enable an individual with a develop- surance and that result in systems of quality ‘‘education activities’’ means advocacy, ca- mental disability to exercise self-determina- assurance and consumer protection that— pacity building, and systemic change activi- tion, be independent, be productive, and be (A) include monitoring of services, sup- ties that result in individuals with develop- integrated and included in all facets of com- ports, and assistance provided to an indi- mental disabilities being able to access ap- munity life; vidual with developmental disabilities that propriate supports and modifications when (B) are designed to— ensures that the individual—

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00204 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.181 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6983 (i) will not experience abuse, neglect, sex- the case of individuals with developmental (1) in the areas of emphasis, the Secretary, ual or financial exploitation, or violation of disabilities— in consultation with the Commissioner of legal or human rights; and (A)(i) for whom competitive employment the Administration on Developmental Dis- (ii) will not be subject to the inappropriate has not traditionally occurred; or abilities and the entities, shall develop indi- use of restraints or seclusion; (ii) for whom competitive employment has cators for each area of emphasis. (B) include training in leadership, self-ad- been interrupted or intermittent as a result (B) PROPOSED INDICATORS.—Not later than vocacy, and self-determination for individ- of significant disabilities; and 180 days after the date of enactment of this uals with developmental disabilities, their (B) who, because of the nature and severity Act, the Secretary shall develop and publish families, and their guardians to ensure that of their disabilities, need intensive supported in the Federal Register for public comment those individuals— employment services or extended services in proposed indicators of progress for moni- (i) will not experience abuse, neglect, sex- order to perform such work. toring how entities described in paragraph ual or financial exploitation, or violation of (31) TRANSPORTATION-RELATED ACTIVITIES.— (1) have addressed the areas of emphasis de- legal or human rights; and The term ‘‘transportation-related activities’’ scribed in paragraph (2) in a manner that is (ii) will not be subject to the inappropriate means advocacy, capacity building, and sys- responsive to the purpose of this title and use of restraints or seclusion; or temic change activities that result in indi- consistent with the policy described in sec- (C) include activities related to inter- viduals with developmental disabilities hav- tion 101(c). agency coordination and systems integration ing access to and use of transportation. (C) FINAL INDICATORS.—Not later than Oc- that result in improved and enhanced serv- (32) UNSERVED AND UNDERSERVED.—The tober 1, 2001, the Secretary shall revise the ices, supports, and other assistance that con- term ‘‘unserved and underserved’’ includes proposed indicators of progress, to the extent tribute to and protect the self-determina- populations such as individuals from racial necessary based on public comment, and pub- tion, independence, productivity, and inte- and ethnic minority backgrounds, disadvan- lish final indicators of progress in the Fed- gration and inclusion in all facets of commu- taged individuals, individuals with limited eral Register. nity life, of individuals with developmental English proficiency, individuals from under- (D) SPECIFIC MEASURES.—At a minimum, disabilities. served geographic areas (rural or urban), and the indicators of progress shall be used to de- (24) RECREATION-RELATED ACTIVITIES.—The specific groups of individuals within the pop- scribe and measure— term ‘‘recreation-related activities’’ means ulation of individuals with developmental (i) the satisfaction of individuals with de- advocacy, capacity building, and systemic disabilities, including individuals who re- velopmental disabilities with the advocacy, change activities that result in individuals quire assistive technology in order to par- capacity building, and systemic change ac- with developmental disabilities having ac- ticipate in and contribute to community life. tivities provided under subtitles B, C, and D; cess to and use of recreational, leisure, and SEC. 103. RECORDS AND AUDITS. (ii) the extent to which the advocacy, ca- social activities, in their communities. (a) RECORDS.—Each recipient of assistance pacity building, and systemic change activi- (25) REHABILITATION TECHNOLOGY.—The under this title shall keep such records as ties provided through subtitles B, C, and D term ‘‘rehabilitation technology’’ means the result in improvements in— systematic application of technologies, engi- the Secretary shall prescribe, including— (1) records that fully disclose— (I) the ability of individuals with develop- neering methodologies, or scientific prin- mental disabilities to make choices and ciples to meet the needs of, and address the (A) the amount and disposition by such re- exert control over the type, intensity, and barriers confronted by, individuals with de- cipient of the assistance; timing of services, supports, and assistance velopmental disabilities in areas that in- (B) the total cost of the project or under- that the individuals have used; clude education, rehabilitation, employ- taking in connection with which such assist- (II) the ability of individuals with develop- ment, transportation, independent living, ance is given or used; and mental disabilities to participate in the full and recreation. Such term includes rehabili- (C) the amount of that portion of the cost range of community life with persons of the tation engineering, and the provision of as- of the project or undertaking that is supplied individuals’ choice; and sistive technology devices and assistive tech- by other sources; and (III) the ability of individuals with devel- nology services. (2) such other records as will facilitate an opmental disabilities to access services, sup- (26) SECRETARY.—The term ‘‘Secretary’’ effective audit. means the Secretary of Health and Human (b) ACCESS.—The Secretary and the Comp- ports, and assistance in a manner that en- Services. troller General of the United States, or any sures that such an individual is free from abuse, neglect, sexual and financial exploi- (27) SELF-DETERMINATION ACTIVITIES.—The of their duly authorized representatives, term ‘‘self-determination activities’’ means shall have access for the purpose of audit and tation, violation of legal and human rights, activities that result in individuals with de- examination to any books, documents, pa- and the inappropriate use of restraints and velopmental disabilities, with appropriate pers, and records of the recipients of assist- seclusion; and assistance, having— ance under this title that are pertinent to (iii) the extent to which the entities de- (A) the ability and opportunity to commu- such assistance. scribed in paragraph (1) collaborate with nicate and make personal decisions; SEC. 104. RESPONSIBILITIES OF THE SECRETARY. each other to achieve the purpose of this (B) the ability and opportunity to commu- (a) PROGRAM ACCOUNTABILITY.— title and the policy described in section nicate choices and exercise control over the (1) IN GENERAL.—In order to monitor enti- 101(c). type and intensity of services, supports, and ties that received funds under this Act to (4) TIME LINE FOR COMPLIANCE WITH INDICA- other assistance the individuals receive; carry out activities under subtitles B, C, and TORS OF PROGRESS.—The Secretary shall re- (C) the authority to control resources to D and determine the extent to which the en- quire entities described in paragraph (1) to obtain needed services, supports, and other tities have been responsive to the purpose of meet the indicators of progress described in assistance; this title and have taken actions consistent paragraph (3). For fiscal year 2002 and each (D) opportunities to participate in, and with the policy described in section 101(c), year thereafter, the Secretary shall apply contribute to, their communities; and the Secretary shall develop and implement the indicators in monitoring entities de- (E) support, including financial support, to an accountability process as described in scribed in paragraph (1), with respect to ac- advocate for themselves and others, to de- this subsection, with respect to activities tivities conducted after October 1, 2001. velop leadership skills, through training in conducted after October 1, 2001. (b) TIME LINE FOR REGULATIONS.—Except as self-advocacy, to participate in coalitions, to (2) AREAS OF EMPHASIS.—The Secretary otherwise expressly provided in this title, educate policymakers, and to play a role in shall develop a process for identifying and the Secretary, not later than 1 year after the the development of public policies that af- reporting (pursuant to section 105) on date of enactment of this Act, shall promul- fect individuals with developmental disabil- progress achieved through advocacy, capac- gate such regulations as may be required for ities. ity building, and systemic change activities, the implementation of this title. (28) STATE.—The term ‘‘State’’, except as undertaken by the entities described in para- (c) INTERAGENCY COMMITTEE.— otherwise provided, includes, in addition to graph (1), that resulted in individuals with (1) IN GENERAL.—The Secretary shall main- each of the several States of the United developmental disabilities and their families tain the interagency committee authorized States, the District of Columbia, the Com- participating in the design of and having ac- in section 108 of the Developmental Disabil- monwealth of Puerto Rico, the United States cess to needed community services, individ- ities Assistance and Bill of Rights Act (42 Virgin Islands, Guam, American Samoa, and ualized supports, and other forms of assist- U.S.C. 6007) as in effect on the day before the the Commonwealth of the Northern Mariana ance that promote self-determination, inde- date of enactment of this Act, except as oth- Islands. pendence, productivity, and integration and erwise provided in this subsection. (29) STATE COUNCIL ON DEVELOPMENTAL DIS- inclusion in all facets of community life. (2) COMPOSITION.—The interagency com- ABILITIES.—The term ‘‘State Council on De- Specifically, the Secretary shall develop a mittee shall be composed of representatives velopmental Disabilities’’ means a Council process for identifying and reporting on of— established under section 125. progress achieved, through advocacy, capac- (A) the Administration on Developmental (30) SUPPORTED EMPLOYMENT SERVICES.— ity building, and systemic change activities, Disabilities, the Administration on Children, The term ‘‘supported employment services’’ by the entities in the areas of emphasis. Youth, and Families, the Administration on means services that enable individuals with (3) INDICATORS OF PROGRESS.— Aging, and the Health Resources and Serv- developmental disabilities to perform com- (A) IN GENERAL.—In identifying progress ices Administration, of the Department of petitive work in integrated work settings, in made by the entities described in paragraph Health and Human Services; and

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00205 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.181 pfrm02 PsN: H25PT1 H6984 CONGRESSIONAL RECORD — HOUSE July 25, 2000 (B) such other Federal departments and that each recipient of such assistance take (ii) in the case of other residential pro- agencies as the Secretary of Health and affirmative action to employ and advance in grams for individuals with developmental Human Services considers to be appropriate. employment qualified individuals with dis- disabilities, that assure that— (3) DUTIES.—Such interagency committee abilities on the same terms and conditions (I) care is appropriate to the needs of the shall meet regularly to coordinate and plan required with respect to the employment of individuals being served by such programs; activities conducted by Federal departments such individuals under the provisions of title (II) the individuals admitted to facilities of and agencies for individuals with develop- V of the Rehabilitation Act of 1973 (29 U.S.C. such programs are individuals whose needs mental disabilities. 791 et seq.) and the Americans with Disabil- can be met through services provided by (4) MEETINGS.—Each meeting of the inter- ities Act of 1990 (42 U.S.C. 12101 et seq.), that such facilities; and agency committee (except for any meetings govern employment. (III) the facilities of such programs provide of any subcommittees of the committee) SEC. 108. CONSTRUCTION. for the humane care of the residents of the shall be open to the public. Notice of each Nothing in this title shall be construed to facilities, are sanitary, and protect their meeting, and a statement of the agenda for preclude an entity funded under this title rights; and the meeting, shall be published in the Fed- from engaging in advocacy, capacity build- (iii) in the case of nonresidential programs, eral Register not later than 14 days before ing, and systemic change activities for indi- that assure that the care provided by such the date on which the meeting is to occur. viduals with developmental disabilities that programs is appropriate to the individuals SEC. 105. REPORTS OF THE SECRETARY. may also have a positive impact on individ- served by the programs. (b) CLARIFICATION.—The rights of individ- At least once every 2 years, the Secretary, uals with other disabilities. using information submitted in the reports uals with developmental disabilities de- SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVEL- scribed in findings made in this section shall and information required under subtitles B, OPMENTAL DISABILITIES. C, D, and E, shall prepare and submit to the be considered to be in addition to any con- (a) IN GENERAL.—Congress makes the fol- President, Congress, and the National Coun- stitutional or other rights otherwise afforded lowing findings respecting the rights of indi- cil on Disability, a report that describes the to all individuals. viduals with developmental disabilities: goals and outcomes of programs supported Subtitle B—Federal Assistance to State (1) Individuals with developmental disabil- under subtitles B, C, D, and E. In preparing Councils on Developmental Disabilities ities have a right to appropriate treatment, the report, the Secretary shall provide— SEC. 121. PURPOSE. (1) meaningful examples of how the coun- services, and habilitation for such disabil- ities, consistent with section 101(c). The purpose of this subtitle is to provide cils, protection and advocacy systems, cen- for allotments to support State Councils on ters, and entities funded under subtitles B, (2) The treatment, services, and habitation for an individual with developmental disabil- Developmental Disabilities (referred to indi- C, D, and E, respectively— vidually in this subtitle as a ‘‘Council’’) in ities should be designed to maximize the po- (A) have undertaken coordinated activities each State to— tential of the individual and should be pro- with each other; (1) engage in advocacy, capacity building, vided in the setting that is least restrictive (B) have enhanced the ability of individ- and systemic change activities that are con- of the individual’s personal liberty. uals with developmental disabilities and sistent with the purpose described in section (3) The Federal Government and the States their families to participate in the design of 101(b) and the policy described in section both have an obligation to ensure that public and have access to needed community serv- 101(c); and funds are provided only to institutional pro- ices, individualized supports, and other (2) contribute to a coordinated, consumer- grams, residential programs, and other com- forms of assistance that promote self-deter- and family-centered, consumer- and family- mination, independence, productivity, and munity programs, including educational pro- directed, comprehensive system of commu- integration and inclusion in all facets of grams in which individuals with develop- nity services, individualized supports, and community life; mental disabilities participate, that— other forms of assistance that enable indi- (C) have brought about advocacy, capacity (A) provide treatment, services, and habili- viduals with developmental disabilities to building, and systemic change activities (in- tation that are appropriate to the needs of exercise self-determination, be independent, cluding policy reform), and other actions on such individuals; and be productive, and be integrated and in- behalf of individuals with developmental dis- (B) meet minimum standards relating to— cluded in all facets of community life. (i) provision of care that is free of abuse, abilities and their families, including indi- SEC. 122. STATE ALLOTMENTS. neglect, sexual and financial exploitation, viduals who are traditionally unserved or un- (a) ALLOTMENTS.— and violations of legal and human rights and derserved, particularly individuals who are (1) IN GENERAL.— that subjects individuals with developmental members of ethnic and racial minority (A) AUTHORITY.—For each fiscal year, the groups and individuals from underserved geo- disabilities to no greater risk of harm than Secretary shall, in accordance with regula- graphic areas; and others in the general population; tions and this paragraph, allot the sums ap- (D) have brought about advocacy, capacity (ii) provision to such individuals of appro- propriated for such year under section 129 building, and systemic change activities that priate and sufficient medical and dental among the States on the basis of— affect individuals with disabilities other services; (i) the population; than individuals with developmental disabil- (iii) prohibition of the use of physical re- (ii) the extent of need for services for indi- ities; straint and seclusion for such an individual viduals with developmental disabilities; and (2) information on the extent to which pro- unless absolutely necessary to ensure the (iii) the financial need, grams authorized under this title have immediate physical safety of the individual of the respective States. addressed— or others, and prohibition of the use of such (B) USE OF FUNDS.—Sums allotted to the (A) protecting individuals with develop- restraint and seclusion as a punishment or States under this section shall be used to mental disabilities from abuse, neglect, sex- as a substitute for a habilitation program; pay for the Federal share of the cost of car- ual and financial exploitation, and violations (iv) prohibition of the excessive use of rying out projects in accordance with State of legal and human rights, so that those indi- chemical restraints on such individuals and plans approved under section 124 for the pro- viduals are at no greater risk of harm than the use of such restraints as punishment or vision under such plans of services for indi- other persons in the general population; and as a substitute for a habilitation program or viduals with developmental disabilities. (B) reports of deaths of and serious injuries in quantities that interfere with services, (2) ADJUSTMENTS.—The Secretary may to individuals with developmental disabil- treatment, or habilitation for such individ- make adjustments in the amounts of State ities; and uals; and allotments based on clauses (i), (ii), and (iii) (3) a summary of any incidents of non- (v) provision for close relatives or guard- of paragraph (1)(A) not more often than an- compliance of the programs authorized under ians of such individuals to visit the individ- nually. The Secretary shall notify each this title with the provisions of this title, uals without prior notice. State of any adjustment made under this and corrections made or actions taken to ob- (4) All programs for individuals with devel- paragraph and the percentage of the total tain compliance. opmental disabilities should meet sums appropriated under section 129 that the SEC. 106. STATE CONTROL OF OPERATIONS. standards— adjusted allotment represents not later than Except as otherwise specifically provided, (A) that are designed to assure the most fa- 6 months before the beginning of the fiscal nothing in this title shall be construed as vorable possible outcome for those served; year in which such adjustment is to take ef- conferring on any Federal officer or em- and fect. ployee the right to exercise any supervision (B)(i) in the case of residential programs (3) MINIMUM ALLOTMENT FOR APPROPRIA- or control over the administration, per- serving individuals in need of comprehensive TIONS LESS THAN OR EQUAL TO $70,000,000.— sonnel, maintenance, or operation of any health-related, habilitative, assistive tech- (A) IN GENERAL.—Except as provided in programs, services, and supports for individ- nology or rehabilitative services, that are at paragraph (4), for any fiscal year the allot- uals with developmental disabilities with re- least equivalent to those standards applica- ment under this section— spect to which any funds have been or may ble to intermediate care facilities for the (i) to each of American Samoa, Guam, the be expended under this title. mentally retarded, promulgated in regula- United States Virgin Islands, or the Com- SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH tions of the Secretary on June 3, 1988, as ap- monwealth of the Northern Mariana Islands DISABILITIES. propriate, taking into account the size of the may not be less than $210,000; and As a condition of providing assistance institutions and the service delivery ar- (ii) to any State not described in clause (i) under this title, the Secretary shall require rangements of the facilities of the programs; may not be less than $400,000.

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(B) REDUCTION OF ALLOTMENT.—Notwith- ments between the States or agencies in- prehensive review and analysis of the extent standing subparagraph (A), if the aggregate volved. to which services, supports, and other assist- of the amounts to be allotted to the States (e) REALLOTMENTS.— ance are available to individuals with devel- pursuant to subparagraph (A) for any fiscal (1) IN GENERAL.—If the Secretary deter- opmental disabilities and their families, and year exceeds the total amount appropriated mines that an amount of an allotment to a the extent of unmet needs for services, sup- under section 129 for such fiscal year, the State for a period (of a fiscal year or longer) ports, and other assistance for those individ- amount to be allotted to each State for such will not be required by the State during the uals and their families, in the State. The re- fiscal year shall be proportionately reduced. period for the purpose for which the allot- sults of the comprehensive review and anal- (4) MINIMUM ALLOTMENT FOR APPROPRIA- ment was made, the Secretary may reallot ysis shall include— TIONS IN EXCESS OF $70,000,000.— the amount. (A) a description of the services, supports, (A) IN GENERAL.—In any case in which the (2) TIMING.—The Secretary may make such and other assistance being provided to indi- total amount appropriated under section 129 a reallotment from time to time, on such viduals with developmental disabilities and for a fiscal year is more than $70,000,000, the date as the Secretary may fix, but not ear- their families under other federally assisted allotment under this section for such fiscal lier than 30 days after the Secretary has pub- State programs, plans, and policies under year— lished notice of the intention of the Sec- which the State operates and in which indi- (i) to each of American Samoa, Guam, the retary to make the reallotment in the Fed- viduals with developmental disabilities are United States Virgin Islands, or the Com- eral Register. or may be eligible to participate, including monwealth of the Northern Mariana Islands (3) AMOUNTS.—The Secretary shall reallot particularly programs relating to the areas may not be less than $220,000; and the amount to other States with respect to of emphasis, including— (ii) to any State not described in clause (i) which the Secretary has not made that de- (i) medical assistance, maternal and child may not be less than $450,000. termination. The Secretary shall reallot the health care, services for children with spe- (B) REDUCTION OF ALLOTMENT.—The re- amount in proportion to the original allot- cial health care needs, children’s mental quirements of paragraph (3)(B) shall apply ments of the other States for such fiscal health services, comprehensive health and with respect to amounts to be allotted to year, but shall reduce such proportionate mental health services, and institutional States under subparagraph (A), in the same amount for any of the other States to the ex- care options; manner and to the same extent as such re- tent the proportionate amount exceeds the (ii) job training, job placement, worksite quirements apply with respect to amounts to sum that the Secretary estimates the State accommodation, and vocational rehabilita- be allotted to States under paragraph (3)(A). needs and will be able to use during such pe- tion, and other work assistance programs; (5) STATE SUPPORTS, SERVICES, AND OTHER riod. and ACTIVITIES.—In determining, for purposes of (4) REALLOTMENT OF REDUCTIONS.—The Sec- (iii) social, child welfare, aging, inde- paragraph (1)(A)(ii), the extent of need in retary shall similarly reallot the total of the pendent living, and rehabilitation and assist- any State for services for individuals with reductions among the States whose propor- ive technology services, and such other serv- developmental disabilities, the Secretary tionate amounts were not so reduced. ices as the Secretary may specify; shall take into account the scope and extent (5) TREATMENT.—Any amount reallotted to (B) a description of the extent to which of the services, supports, and assistance de- a State under this subsection for a fiscal agencies operating such other federally as- scribed, pursuant to section 124(c)(3)(A), in year shall be deemed to be a part of the al- sisted State programs, including activities the State plan of the State. lotment of the State under subsection (a) for authorized under section 101 or 102 of the As- sistive Technology Act of 1998 (29 U.S.C. 3011, (6) INCREASE IN ALLOTMENTS.—In any year such fiscal year. 3012), pursue interagency initiatives to im- in which the total amount appropriated SEC. 123. PAYMENTS TO THE STATES FOR PLAN- under section 129 for a fiscal year exceeds the NING, ADMINISTRATION, AND SERV- prove and enhance community services, indi- vidualized supports, and other forms of as- total amount appropriated under such sec- ICES. sistance for individuals with developmental tion (or a corresponding provision) for the (a) STATE PLAN EXPENDITURES.—From each disabilities; preceding fiscal year by a percentage greater State’s allotments for a fiscal year under (C) an analysis of the extent to which com- than the most recent percentage change in section 122, the Secretary shall pay to the munity services and opportunities related to the Consumer Price Index published by the State the Federal share of the cost, other the areas of emphasis directly benefit indi- Secretary of Labor under section 100(c)(1) of than the cost for construction, incurred dur- viduals with developmental disabilities, es- the Rehabilitation Act of 1973 (29 U.S.C. ing such year for activities carried out under pecially with regard to their ability to ac- 720(c)(1)) (if the percentage change indicates the State plan approved under section 124. cess and use services provided in their com- an increase), the Secretary shall increase The Secretary shall make such payments from time to time in advance on the basis of munities, to participate in opportunities, ac- each of the minimum allotments described tivities, and events offered in their commu- in paragraphs (3) and (4). The Secretary shall estimates by the Secretary of the sums the State will expend for the cost under the nities, and to contribute to community life, increase each minimum allotment by an identifying particularly— amount that bears the same ratio to the State plan. The Secretary shall make such adjustments as may be necessary to the pay- (i) the degree of support for individuals amount of such minimum allotment (includ- with developmental disabilities that are at- ing any increases in such minimum allot- ments on account of previously made under- payments or overpayments under this sec- tributable to either physical impairment, ment under this paragraph (or a cor- tion. mental impairment, or a combination of responding provision) for prior fiscal years) (b) DESIGNATED STATE AGENCY EXPENDI- physical and mental impairments; as the amount that is equal to the difference TURES.—The Secretary may make payments (ii) criteria for eligibility for services, in- between— to a State for the portion described in sec- cluding specialized services and special adap- (A) the total amount appropriated under tion 124(c)(5)(B)(vi) in advance or by way of tation of generic services provided by agen- section 129 for the fiscal year for which the reimbursement, and in such installments as cies within the State, that may exclude indi- increase in the minimum allotment is being the Secretary may determine. viduals with developmental disabilities from made; minus SEC. 124. STATE PLAN. receiving services described in this clause; (B) the total amount appropriated under (a) IN GENERAL.—Any State desiring to re- (iii) the barriers that impede full participa- section 129 (or a corresponding provision) for ceive assistance under this subtitle shall tion of members of unserved and underserved the immediately preceding fiscal year, submit to the Secretary, and obtain approval groups of individuals with developmental bears to the total amount appropriated of, a 5-year strategic State plan under this disabilities and their families; under section 129 (or a corresponding provi- section. (iv) the availability of assistive tech- sion) for such preceding fiscal year. (b) PLANNING CYCLE.—The plan described in nology, assistive technology services, or re- (b) UNOBLIGATED FUNDS.—Any amount paid subsection (a) shall be updated as appro- habilitation technology, or information to a State for a fiscal year and remaining un- priate during the 5-year period. about assistive technology, assistive tech- obligated at the end of such year shall re- (c) STATE PLAN REQUIREMENTS.—In order nology services, or rehabilitation technology main available to such State for the next fis- to be approved by the Secretary under this to individuals with developmental disabil- cal year for the purposes for which such section, a State plan shall meet each of the ities; amount was paid. following requirements: (v) the numbers of individuals with devel- (c) OBLIGATION OF FUNDS.—For the pur- poses of this subtitle, State Interagency (1) STATE COUNCIL.—The plan shall provide opmental disabilities on waiting lists for Agreements are considered valid obligations for the establishment and maintenance of a services described in this subparagraph; for the purpose of obligating Federal funds Council in accordance with section 125 and (vi) a description of the adequacy of cur- allotted to the State under this subtitle. describe the membership of such Council. rent resources and projected availability of (d) COOPERATIVE EFFORTS BETWEEN (2) DESIGNATED STATE AGENCY.—The plan future resources to fund services described in STATES.—If a State plan approved in accord- shall identify the agency or office within the this subparagraph; ance with section 124 provides for coopera- State designated to support the Council in (vii) a description of the adequacy of tive or joint effort between or among States accordance with this section and section health care and other services, supports, and or agencies, public or private, in more than 125(d) (referred to in this subtitle as a ‘‘des- assistance that individuals with develop- 1 State, portions of funds allotted to 1 or ignated State agency’’). mental disabilities who are in facilities re- more States described in this subsection may (3) COMPREHENSIVE REVIEW AND ANALYSIS.— ceive (based in part on each independent re- be combined in accordance with the agree- The plan shall describe the results of a com- view (pursuant to section 1902(a)(30)(C) of the

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00207 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.182 pfrm02 PsN: H25PT1 H6986 CONGRESSIONAL RECORD — HOUSE July 25, 2000 Social Security Act (42 U.S.C. (v) part of such funds will be made avail- signed to preserve employee rights and bene- 1396a(a)(30)(C))) of an Intermediate Care Fa- able by the State to public or private enti- fits and provide training and retraining of cility (Mental Retardation) within the State, ties; such employees where necessary, and ar- which the State shall provide to the Council (vi) at the request of any State, a portion rangements under which maximum efforts not later than 30 days after the availability of such funds provided to such State under will be made to guarantee the employment of the review); and this subtitle for any fiscal year shall be of such employees. (viii) to the extent that information is available to pay up to 1⁄2 (or the entire (K) STAFF ASSIGNMENTS.—The plan shall available, a description of the adequacy of amount if the Council is the designated provide assurances that the staff and other health care and other services, supports, and State agency) of the expenditures found to personnel of the Council, while working for assistance that individuals with develop- be necessary by the Secretary for the proper the Council, will be responsible solely for as- mental disabilities who are served through and efficient exercise of the functions of the sisting the Council in carrying out the duties home and community-based waivers (author- designated State agency, except that not of the Council under this subtitle and will ized under section 1915(c) of the Social Secu- more than 5 percent of such funds provided not be assigned duties by the designated rity Act (42 U.S.C. 1396n(c))) receive; to such State for any fiscal year, or $50,000, State agency, or any other agency, office, or (D) a description of how entities funded whichever is less, shall be made available for entity of the State. under subtitles C and D, through interagency total expenditures for such purpose by the (L) NONINTERFERENCE.—The plan shall pro- agreements or other mechanisms, collabo- designated State agency; and vide assurances that the designated State rated with the entity funded under this sub- (vii) not more than 20 percent of such funds agency, and any other agency, office, or enti- will be allocated to the designated State title in the State, each other, and other enti- ty of the State, will not interfere with the agency for service demonstrations by such ties to contribute to the achievement of the advocacy, capacity building, and systemic agency that— purpose of this subtitle; and change activities, budget, personnel, State (I) contribute to the achievement of the (E) the rationale for the goals related to plan development, or plan implementation of purpose of this subtitle; and advocacy, capacity building, and systemic the Council, except that the designated (II) are explicitly authorized by the Coun- change to be undertaken by the Council to State agency shall have the authority nec- cil. contribute to the achievement of the purpose essary to carry out the responsibilities de- (C) STATE FINANCIAL PARTICIPATION.—The scribed in section 125(d)(3). of this subtitle. plan shall provide assurances that there will (4) PLAN GOALS.—The plan shall focus on (M) STATE QUALITY ASSURANCE.—The plan be reasonable State financial participation shall provide assurances that the Council Council efforts to bring about the purpose of in the cost of carrying out the plan. this subtitle, by— will participate in the planning, design or re- (D) CONFLICT OF INTEREST.—The plan shall design, and monitoring of State quality as- (A) specifying 5-year goals, as developed provide an assurance that no member of such through data driven strategic planning, for surance systems that affect individuals with Council will cast a vote on any matter that developmental disabilities. advocacy, capacity building, and systemic would provide direct financial benefit to the (N) OTHER ASSURANCES.—The plan shall change related to the areas of emphasis, to member or otherwise give the appearance of be undertaken by the Council, that— contain such additional information and as- a conflict of interest. surances as the Secretary may find nec- (i) are derived from the unmet needs of in- RBAN AND RURAL POVERTY AREAS.—The (E) U essary to carry out the provisions (including dividuals with developmental disabilities plan shall provide assurances that special fi- the purpose) of this subtitle. and their families identified under paragraph nancial and technical assistance will be (3); and (d) PUBLIC INPUT AND REVIEW, SUBMISSION, given to organizations that provide commu- AND APPROVAL.— (ii) include a goal, for each year of the nity services, individualized supports, and grant, to— (1) PUBLIC INPUT AND REVIEW.—The plan other forms of assistance to individuals with shall be based on public input. The Council (I) establish or strengthen a program for developmental disabilities who live in areas the direct funding of a State self-advocacy shall make the plan available for public re- designated as urban or rural poverty areas. view and comment, after providing appro- organization led by individuals with develop- (F) PROGRAM ACCESSIBILITY STANDARDS.— mental disabilities; priate and sufficient notice in accessible for- The plan shall provide assurances that pro- mats of the opportunity for such review and (II) support opportunities for individuals grams, projects, and activities funded under comment. The Council shall revise the plan with developmental disabilities who are con- the plan, and the buildings in which such to take into account and respond to signifi- sidered leaders to provide leadership training programs, projects, and activities are oper- cant comments. to individuals with developmental disabil- ated, will meet standards prescribed by the (2) CONSULTATION WITH THE DESIGNATED ities who may become leaders; and Secretary in regulations and all applicable STATE AGENCY.—Before the plan is submitted (III) support and expand participation of Federal and State accessibility standards, to the Secretary, the Council shall consult individuals with developmental disabilities including accessibility requirements of the with the designated State agency to ensure in cross-disability and culturally diverse Americans with Disabilities Act of 1990 (42 that the State plan is consistent with State leadership coalitions; and U.S.C. 12101 et seq.), section 508 of the Reha- law and to obtain appropriate State plan as- (B) for each year of the grant, describing— bilitation Act of 1973 (29 U.S.C. 794d), and the surances. (i) the goals to be achieved through the Fair Housing Act (42 U.S.C. 3601 et seq.). (3) PLAN APPROVAL.—The Secretary shall grant, which, beginning in fiscal year 2002, (G) INDIVIDUALIZED SERVICES.—The plan shall be consistent with applicable indica- shall provide assurances that any direct approve any State plan and, as appropriate, tors of progress described in section 104(a)(3); services provided to individuals with devel- amendments of such plan that comply with (ii) the strategies to be used in achieving opmental disabilities and funded under the the provisions of subsections (a), (b), and (c) each goal; and plan will be provided in an individualized and this subsection. The Secretary may take (iii) the method to be used to determine if manner, consistent with the unique final action to disapprove a State plan after each goal has been achieved. strengths, resources, priorities, concerns, providing reasonable notice and an oppor- tunity for a hearing to the State. (5) ASSURANCES.— abilities, and capabilities of such individual. (A) IN GENERAL.—The plan shall contain or (H) HUMAN RIGHTS.—The plan shall provide SEC. 125. STATE COUNCILS ON DEVELOPMENTAL be supported by assurances and information assurances that the human rights of the in- DISABILITIES AND DESIGNATED STATE AGENCIES. described in subparagraphs (B) through (N) dividuals with developmental disabilities (es- (a) IN GENERAL.—Each State that receives that are satisfactory to the Secretary. pecially individuals without familial protec- assistance under this subtitle shall establish (B) USE OF FUNDS.—With respect to the tion) who are receiving services under pro- and maintain a Council to undertake advo- funds paid to the State under section 122, the grams assisted under this subtitle will be cacy, capacity building, and systemic change plan shall provide assurances that— protected consistent with section 109 (relat- activities (consistent with subsections (b) (i) not less than 70 percent of such funds ing to rights of individuals with develop- and (c) of section 101) that contribute to a will be expended for activities related to the mental disabilities). coordinated, consumer- and family-centered, goals described in paragraph (4); (I) MINORITY PARTICIPATION.—The plan consumer- and family-directed, comprehen- (ii) such funds will contribute to the shall provide assurances that the State has sive system of community services, individ- achievement of the purpose of this subtitle taken affirmative steps to assure that par- ualized supports, and other forms of assist- in various political subdivisions of the State; ticipation in programs funded under this ance that contribute to the achievement of (iii) such funds will be used to supplement, subtitle is geographically representative of the purpose of this subtitle. The Council and not supplant, the non-Federal funds that the State, and reflects the diversity of the shall have the authority to fulfill the respon- would otherwise be made available for the State with respect to race and ethnicity. sibilities described in subsection (c). purposes for which the funds paid under sec- (J) EMPLOYEE PROTECTIONS.—The plan shall (b) COUNCIL MEMBERSHIP.— tion 122 are provided; provide assurances that fair and equitable (1) COUNCIL APPOINTMENTS.— (iv) such funds will be used to complement arrangements (as determined by the Sec- (A) IN GENERAL.—The members of the and augment rather than duplicate or re- retary after consultation with the Secretary Council of a State shall be appointed by the place services for individuals with develop- of Labor) will be provided to protect the in- Governor of the State from among the resi- mental disabilities and their families who terests of employees affected by actions dents of that State. are eligible for Federal assistance under taken under the plan to provide community (B) RECOMMENDATIONS.—The Governor other State programs; living activities, including arrangements de- shall select members of the Council, at the

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discretion of the Governor, after soliciting (A) 1⁄3 shall be individuals with develop- ties under this subparagraph, such activities recommendations from organizations rep- mental disabilities described in paragraph shall contribute to the achievement of the resenting a broad range of individuals with (3)(A)(i); purpose of this subtitle. developmental disabilities and individuals (B) 1⁄3 shall be parents or guardians of chil- (D) TECHNICAL ASSISTANCE.—The Council interested in individuals with developmental dren with developmental disabilities de- may support and conduct technical assist- disabilities, including the non-State agency scribed in paragraph (3)(A)(ii), or immediate ance activities to assist public and private members of the Council. The Council may, at relatives or guardians of adults with develop- entities to contribute to the achievement of the initiative of the Council, or on the re- mental disabilities described in paragraph the purpose of this subtitle. quest of the Governor, coordinate Council (3)(A)(iii); and (E) SUPPORTING AND EDUCATING COMMU- 1 and public input to the Governor regarding (C) ⁄3 shall be a combination of individuals NITIES.—The Council may support and con- all recommendations. described in paragraph (3)(A). duct activities to assist neighborhoods and (C) REPRESENTATION.—The membership of (6) INSTITUTIONALIZED INDIVIDUALS.— communities to respond positively to indi- (A) IN GENERAL.—Of the members of the the Council shall be geographically rep- viduals with developmental disabilities and Council described in paragraph (5), at least 1 resentative of the State and reflect the di- their families— shall be an immediate relative or guardian of versity of the State with respect to race and (i) by encouraging local networks to pro- ethnicity. an individual with a developmental dis- ability who resides or previously resided in vide informal and formal supports; (2) MEMBERSHIP ROTATION.—The Governor (ii) through education; and shall make appropriate provisions to rotate an institution or shall be an individual with a developmental disability who resides or (iii) by enabling neighborhoods and com- the membership of the Council. Such provi- previously resided in an institution. munities to offer such individuals and their sions shall allow members to continue to (B) LIMITATION.—Subparagraph (A) shall families access to and use of services, re- serve on the Council until such members’ not apply with respect to a State if such an sources, and opportunities. successors are appointed. The Council shall individual does not reside in that State. (F) INTERAGENCY COLLABORATION AND CO- notify the Governor regarding membership (c) COUNCIL RESPONSIBILITIES.— ORDINATION.—The Council may support and requirements of the Council, and shall notify (1) IN GENERAL.—A Council, through Coun- conduct activities to promote interagency the Governor when vacancies on the Council cil members, staff, consultants, contractors, collaboration and coordination to better remain unfilled for a significant period of or subgrantees, shall have the responsibil- serve, support, assist, or advocate for indi- time. ities described in paragraphs (2) through (10). viduals with developmental disabilities and (3) REPRESENTATION OF INDIVIDUALS WITH (2) ADVOCACY, CAPACITY BUILDING, AND SYS- their families. DEVELOPMENTAL DISABILITIES.—Not less than TEMIC CHANGE ACTIVITIES.—The Council shall (G) COORDINATION WITH RELATED COUNCILS, 60 percent of the membership of each Council serve as an advocate for individuals with de- COMMITTEES, AND PROGRAMS.—The Council shall consist of individuals who are— velopmental disabilities and conduct or sup- may support and conduct activities to en- (A)(i) individuals with developmental dis- port programs, projects, and activities that hance coordination of services with— abilities; carry out the purpose of this subtitle. (i) other councils, entities, or committees, (ii) parents or guardians of children with (3) EXAMINATION OF GOALS.—At the end of authorized by Federal or State law, con- developmental disabilities; or each grant year, each Council shall— cerning individuals with disabilities (such as (iii) immediate relatives or guardians of (A) determine the extent to which each the State interagency coordinating council adults with mentally impairing develop- goal of the Council was achieved for that established under subtitle C of the Individ- mental disabilities who cannot advocate for year; uals with Disabilities Education Act (20 themselves; and (B) determine to the extent that each goal U.S.C. 1431 et seq.), the State Rehabilitation (B) not employees of a State agency that was not achieved, the factors that impeded Council and the Statewide Independent Liv- receives funds or provides services under this the achievement; ing Council established under the Rehabili- subtitle, and who are not managing employ- (C) determine needs that require amend- tation Act of 1973 (29 U.S.C. 701 et seq.), the ees (as defined in section 1126(b) of the Social ment of the 5-year strategic State plan re- State mental health planning council estab- Security Act (42 U.S.C. 1320a–5(b)) of any quired under section 124; lished under subtitle B of title XIX of the other entity that receives funds or provides (D) separately determine the information Public Health Service Act (42 U.S.C. 300x–1 et services under this subtitle. on the self-advocacy goal described in sec- seq.), and the activities authorized under (4) REPRESENTATION OF AGENCIES AND ORGA- tion 124(c)(4)(A)(ii); and section 101 or 102 of the Assistive Technology NIZATIONS.— (E) determine customer satisfaction with Act of 1998 (29 U.S.C. 3011, 3012), and entities (A) IN GENERAL.—Each Council shall Council supported or conducted activities. carrying out other similar councils, entities, include— (4) STATE PLAN DEVELOPMENT.—The Coun- or committees); (i) representatives of relevant State enti- cil shall develop the State plan and submit (ii) parent training and information cen- ties, including— the State plan to the Secretary after con- (I) State entities that administer funds sultation with the designated State agency ters under part D of the Individuals with Dis- provided under Federal laws related to indi- under the State plan. Such consultation abilities Education Act (20 U.S.C. 1451 et viduals with disabilities, including the Reha- shall be solely for the purposes of obtaining seq.) and other entities carrying out feder- bilitation Act of 1973 (29 U.S.C. 701 et seq.), State assurances and ensuring consistency of ally funded projects that assist parents of the Individuals with Disabilities Education the plan with State law. children with disabilities; and Act (20 U.S.C. 1400 et seq.), the Older Ameri- (5) STATE PLAN IMPLEMENTATION.— (iii) other groups interested in advocacy, cans Act of 1965 (42 U.S.C. 3001 et seq.), and (A) IN GENERAL.—The Council shall imple- capacity building, and systemic change ac- titles V and XIX of the Social Security Act ment the State plan by conducting and sup- tivities to benefit individuals with disabil- (42 U.S.C. 701 et seq. and 1396 et seq.); porting advocacy, capacity building, and sys- ities. (II) Centers in the State; and temic change activities such as those de- (H) BARRIER ELIMINATION, SYSTEMS DESIGN (III) the State protection and advocacy scribed in subparagraphs (B) through (L). AND REDESIGN.—The Council may support system; and (B) OUTREACH.—The Council may support and conduct activities to eliminate barriers (ii) representatives, at all times, of local and conduct outreach activities to identify to assess and use of community services by and nongovernmental agencies, and private individuals with developmental disabilities individuals with developmental disabilities, nonprofit groups concerned with services for and their families who otherwise might not enhance systems design and redesign, and individuals with developmental disabilities come to the attention of the Council and as- enhance citizen participation to address in the State in which such agencies and sist and enable the individuals and families issues identified in the State plan. groups are located. to obtain services, individualized supports, (I) COALITION DEVELOPMENT AND CITIZEN (B) AUTHORITY AND LIMITATIONS.—The rep- and other forms of assistance, including ac- PARTICIPATION.—The Council may support resentatives described in subparagraph (A) cess to special adaptation of generic commu- and conduct activities to educate the public shall— nity services or specialized services. about the capabilities, preferences, and (i) have sufficient authority to engage in (C) TRAINING.—The Council may support needs of individuals with developmental dis- policy planning and implementation on be- and conduct training for persons who are in- abilities and their families and to develop half of the department, agency, or program dividuals with developmental disabilities, and support coalitions that support the pol- such representatives represent; and their families, and personnel (including pro- icy agenda of the Council, including training (ii) recuse themselves from any discussion fessionals, paraprofessionals, students, vol- in self-advocacy, education of policymakers, of grants or contracts for which such rep- unteers, and other community members) to and citizen leadership skills. resentatives’ departments, agencies, or pro- enable such persons to obtain access to, or to (J) INFORMING POLICYMAKERS.—The Council grams are grantees, contractors, or appli- provide, community services, individualized may support and conduct activities to pro- cants and comply with the conflict of inter- supports, and other forms of assistance, in- vide information to policymakers by sup- est assurance requirement under section cluding special adaptation of generic com- porting and conducting studies and analyses, 124(c)(5)(D). munity services or specialized services for gathering information, and developing and (5) COMPOSITION OF MEMBERSHIP WITH DE- individuals with developmental disabilities disseminating model policies and procedures, VELOPMENTAL DISABILITIES.—Of the members and their families. To the extent that the information, approaches, strategies, find- of the Council described in paragraph (3)— Council supports or conducts training activi- ings, conclusions, and recommendations. The

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00209 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.182 pfrm02 PsN: H25PT1 H6988 CONGRESSIONAL RECORD — HOUSE July 25, 2000 Council may provide the information di- (H) a description of— tion Act of 1973 (29 U.S.C. 701 et seq.) or the rectly to Federal, State, and local policy- (i) resources made available to carry out Individuals with Disabilities Education Act makers, including Congress, the Federal ex- activities to assist individuals with develop- (20 U.S.C. 1400 et seq.). ecutive branch, the Governors, State legisla- mental disabilities that are directly attrib- (d) DESIGNATED STATE AGENCY.— tures, and State agencies, in order to in- utable to Council actions; and (1) IN GENERAL.—Each State that receives crease the ability of such policymakers to (ii) resources made available for such ac- offer opportunities and to enhance or adapt tivities that are undertaken by the Council assistance under this subtitle shall designate generic services to meet the needs of, or pro- in collaboration with other entities; and a State agency that shall, on behalf of the vide specialized services to, individuals with (I) a description of the method by which State, provide support to the Council. After developmental disabilities and their fami- the Council will widely disseminate the an- the date of enactment of the Developmental lies. nual report to affected constituencies and Disabilities Assistance and Bill of Rights Act (K) DEMONSTRATION OF NEW APPROACHES TO the general public and will assure that the Amendments of 1994 (Public Law 103–230), SERVICES AND SUPPORTS.— report is available in accessible formats. any designation of a State agency under this (i) IN GENERAL.—The Council may support (8) BUDGET.—Each Council shall prepare, paragraph shall be made in accordance with and conduct, on a time-limited basis, activi- approve, and implement a budget using the requirements of this subsection. ties to demonstrate new approaches to serv- amounts paid to the State under this sub- (2) DESIGNATION.— ing individuals with developmental disabil- title to fund and implement all programs, (A) TYPE OF AGENCY.—Except as provided ities that are a part of an overall strategy projects, and activities carried out under in this subsection, the designated State for systemic change. The strategy may in- this subtitle, including— agency shall be— volve the education of policymakers and the (A)(i) conducting such hearings and forums (i) the Council if such Council may be the public about how to deliver effectively, to in- as the Council may determine to be nec- designated State agency under the laws of dividuals with developmental disabilities essary to carry out the duties of the Council; the State; and their families, services, supports, and as- and (ii) a State agency that does not provide or sistance that contribute to the achievement (ii) as determined in Council policy— pay for services for individuals with develop- of the purpose of this subtitle. (I) reimbursing members of the Council for mental disabilities; or (ii) SOURCES OF FUNDING.—The Council may reasonable and necessary expenses (including (iii) a State office, including the imme- carry out this subparagraph by supporting expenses for child care and personal assist- diate office of the Governor of the State or a and conducting demonstration activities ance services) for attending Council meet- State planning office. through sources of funding other than fund- ings and performing Council duties; (B) CONDITIONS FOR CONTINUATION OF STATE ing provided under this subtitle, and by as- (II) paying a stipend to a member of the SERVICE AGENCY DESIGNATION.— sisting entities conducting demonstration Council, if such member is not employed or (i) DESIGNATION BEFORE ENACTMENT.—If a activities to develop strategies for securing must forfeit wages from other employment, State agency that provides or pays for serv- funding from other sources. to attend Council meetings and perform ices for individuals with developmental dis- (L) OTHER ACTIVITIES.—The Council may other Council duties; support and conduct other advocacy, capac- (III) supporting Council member and staff abilities was a designated State agency for ity building, and systemic change activities travel to authorized training and technical purposes of part B of the Developmental Dis- to promote the development of a coordi- assistance activities including in-service abilities Assistance and Bill of Rights Act on nated, consumer- and family-centered, training and leadership development activi- the date of enactment of the Developmental consumer- and family-directed, comprehen- ties; and Disabilities Assistance and Bill of Rights Act sive system of community services, individ- (IV) carrying out appropriate subcon- Amendments of 1994, and the Governor of the ualized supports, and other forms of assist- tracting activities; State (or the legislature, where appropriate ance that contribute to the achievement of (B) hiring and maintaining such numbers and in accordance with State law) deter- the purpose of this subtitle. and types of staff (qualified by training and mines prior to June 30, 1994, not to change (6) REVIEW OF DESIGNATED STATE AGENCY.— experience) and obtaining the services of the designation of such agency, such agency The Council shall periodically review the such professional, consulting, technical, and may continue to be a designated State agen- designated State agency and activities car- clerical staff (qualified by training and expe- cy for purposes of this subtitle. ried out under this subtitle by the des- rience), consistent with State law, as the (ii) CRITERIA FOR CONTINUED DESIGNATION.— ignated State agency and make any rec- Council determines to be necessary to carry The determination, at the discretion of the ommendations for change to the Governor. out the functions of the Council under this Governor (or the legislature, as the case may (7) REPORTS.—Beginning in fiscal year 2002, subtitle, except that such State shall not be), shall be made after— the Council shall annually prepare and apply hiring freezes, reductions in force, pro- (I) the Governor has considered the com- transmit to the Secretary a report. Each re- hibitions on travel, or other policies to the ments and recommendations of the general port shall be in a form prescribed by the Sec- staff of the Council, to the extent that such public and a majority of the non-State agen- retary by regulation under section 104(b). policies would impact the staff or functions cy members of the Council with respect to Each report shall contain information about funded with Federal funds, or would prevent the designation of such State agency; and the progress made by the Council in achiev- the Council from carrying out the functions (II) the Governor (or the legislature, as the ing the goals of the Council (as specified in of the Council under this subtitle; and case may be) has made an independent as- section 124(c)(4)), including— (C) directing the expenditure of funds for sessment that the designation of such agen- (A) a description of the extent to which the grants, contracts, interagency agreements cy will not interfere with the budget, per- goals were achieved; that are binding contracts, and other activi- sonnel, priorities, or other action of the (B) a description of the strategies that con- ties authorized by the State plan approved tributed to achieving the goals; under section 124. Council, and the ability of the Council to serve as an independent advocate for individ- (C) to the extent to which the goals were (9) STAFF HIRING AND SUPERVISION.—The not achieved, a description of factors that Council shall, consistent with State law, re- uals with developmental disabilities. impeded the achievement; cruit and hire a Director of the Council, (C) REVIEW OF DESIGNATION.—The Council (D) separate information on the self-advo- should the position of Director become va- may request a review of and change in the cacy goal described in section 124(c)(4)(A)(ii); cant, and supervise and annually evaluate designation of the designated State agency (E)(i) as appropriate, an update on the re- the Director. The Director shall hire, super- by the Governor (or the legislature, as the sults of the comprehensive review and anal- vise, and annually evaluate the staff of the case may be). The Council shall provide doc- ysis described in section 124(c)(3); and Council. Council recruitment, hiring, and umentation concerning the reason the Coun- (ii) information on consumer satisfaction dismissal of staff shall be conducted in a cil desires a change to be made and make a with Council supported or conducted activi- manner consistent with Federal and State recommendation to the Governor (or the leg- ties; nondiscrimination laws. Dismissal of per- islature, as the case may be) regarding a pre- (F)(i) a description of the adequacy of sonnel shall be conducted in a manner con- ferred designated State agency. health care and other services, supports, and sistent with State law and personnel poli- (D) APPEAL OF DESIGNATION.—After the re- assistance that individuals with develop- cies. view is completed under subparagraph (C), a mental disabilities in Intermediate Care Fa- (10) STAFF ASSIGNMENTS.—The staff of the majority of the non-State agency members cilities (Mental Retardation) receive; and Council, while working for the Council, shall of the Council may appeal to the Secretary (ii) a description of the adequacy of health be responsible solely for assisting the Coun- for a review of and change in the designation care and other services, supports, and assist- cil in carrying out the duties of the Council of the designated State agency if the ability ance that individuals with developmental under this subtitle and shall not be assigned of the Council to serve as an independent ad- disabilities served through home and com- duties by the designated State agency or any vocate is not assured because of the actions munity-based waivers (authorized under sec- other agency or entity of the State. or inactions of the designated State agency. tion 1915(c) of the Social Security Act (42 (11) CONSTRUCTION.—Nothing in this title (3) RESPONSIBILITIES.— U.S.C. 1396n(c)) receive; shall be construed to authorize a Council to (A) IN GENERAL.—The designated State (G) an accounting of the manner in which direct, control, or exercise any policymaking agency shall, on behalf of the State, have the funds paid to the State under this subtitle authority or administrative authority over responsibilities described in subparagraphs for a fiscal year were expended; any program assisted under the Rehabilita- (B) through (G).

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(B) SUPPORT SERVICES.—The designated (b) NONDUPLICATION.—In determining the (c) JURISDICTION.—Upon the filing of the State agency shall provide required assur- amount of any State’s Federal share of the petition, the court shall have jurisdiction to ances and support services as requested by cost of such projects incurred by such State affirm the action of the Secretary or to set and negotiated with the Council. under a State plan approved under section the action aside, in whole or in part, tempo- (C) FISCAL RESPONSIBILITIES.—The des- 124, the Secretary shall not consider— rarily or permanently. Until the filing of the ignated State agency shall— (1) any portion of such cost that is fi- record, the Secretary may modify or set (i) receive, account for, and disburse funds nanced by Federal funds provided under any aside the order of the Secretary relating to under this subtitle based on the State plan provision of law other than section 122; and the action. required in section 124; and (2) the amount of any non-Federal funds (d) FINDINGS AND REMAND.—The findings of (ii) provide for such fiscal control and fund required to be expended as a condition of re- the Secretary about the facts, if supported accounting procedures as may be necessary ceipt of the Federal funds described in para- by substantial evidence, shall be conclusive, to assure the proper disbursement of, and ac- graph (1). but the court, for good cause shown, may re- counting for, funds paid to the State under (c) NON-FEDERAL SHARE.— mand the case involved to the Secretary for this subtitle. (1) IN-KIND CONTRIBUTIONS.—The non-Fed- further proceedings to take further evidence. (D) RECORDS, ACCESS, AND FINANCIAL RE- eral share of the cost of any project sup- On remand, the Secretary may make new or PORTS.—The designated State agency shall ported by an allotment under this subtitle modified findings of fact and may modify the keep and provide access to such records as may be provided in cash or in kind, fairly previous action of the Secretary, and shall the Secretary and the Council may deter- evaluated, including plant, equipment, or file with the court the record of the further mine to be necessary. The designated State services. proceedings. Such new or modified findings of fact shall likewise be conclusive if sup- agency, if other than the Council, shall pro- (2) CONTRIBUTIONS OF POLITICAL SUBDIVI- ported by substantial evidence. vide timely financial reports at the request SIONS AND PUBLIC OR PRIVATE ENTITIES.— (e) FINALITY.—The judgment of the court of the Council regarding the status of ex- (A) IN GENERAL.—Contributions to projects penditures, obligations, and liquidation by affirming or setting aside, in whole or in by a political subdivision of a State or by a part, any action of the Secretary shall be the agency or the Council, and the use of the public or private entity under an agreement final, subject to review by the Supreme Federal and non-Federal shares described in with the State shall, subject to such limita- Court of the United States upon certiorari or section 126, by the agency or the Council. tions and conditions as the Secretary may certification as provided in section 1254 of (E) NON-FEDERAL SHARE.—The designated by regulation prescribe under section 104(b), title 28, United States Code. State agency, if other than the Council, shall be considered to be contributions by such (f) EFFECT.—The commencement of pro- provide the required non-Federal share de- State, in the case of a project supported ceedings under this section shall not, unless scribed in section 126(c). under this subtitle. so specifically ordered by a court, operate as (F) ASSURANCES.—The designated State (B) STATE CONTRIBUTIONS.—State contribu- a stay of the Secretary’s action. agency shall assist the Council in obtaining tions, including contributions by the des- the appropriate State plan assurances and in SEC. 129. AUTHORIZATION OF APPROPRIATIONS. ignated State agency to provide support (a) FUNDING FOR STATE ALLOTMENTS.—Ex- ensuring that the plan is consistent with services to the Council pursuant to section cept as described in subsection (b), there are State law. 125(d)(4), may be counted as part of such authorized to be appropriated for allotments (G) MEMORANDUM OF UNDERSTANDING.—On State’s non-Federal share of the cost of under section 122 $76,000,000 for fiscal year the request of the Council, the designated projects supported under this subtitle. 2001 and such sums as may be necessary for State agency shall enter into a memorandum (3) VARIATIONS OF THE NON-FEDERAL each of fiscal years 2002 through 2007. of understanding with the Council delin- SHARE.—The non-Federal share required of (b) RESERVATION FOR TECHNICAL ASSIST- eating the roles and responsibilities of the each recipient of a grant from a Council ANCE.— designated State agency. under this subtitle may vary. (1) LOWER APPROPRIATION YEARS.—For any (4) USE OF FUNDS FOR DESIGNATED STATE SEC. 127. WITHHOLDING OF PAYMENTS FOR fiscal year for which the amount appro- AGENCY RESPONSIBILITIES.— PLANNING, ADMINISTRATION, AND priated under subsection (a) is less than (A) CONDITION FOR FEDERAL FUNDING.— SERVICES. $76,000,000, the Secretary shall reserve funds (i) IN GENERAL.—The Secretary shall pro- Whenever the Secretary, after providing in accordance with section 163(c) to provide vide amounts to a State under section reasonable notice and an opportunity for a technical assistance to entities funded under 124(c)(5)(B)(vi) for a fiscal year only if the hearing to the Council and the designated this subtitle. State expends an amount from State sources State agency, finds that— (2) HIGHER APPROPRIATION YEARS.—For any for carrying out the responsibilities of the (1) the Council or agency has failed to com- fiscal year for which the amount appro- designated State agency under paragraph (3) ply substantially with any of the provisions priated under subsection (a) is not less than for the fiscal year that is not less than the required by section 124 to be included in the total amount the State expended from such $76,000,000, the Secretary shall reserve not State plan, particularly provisions required less than $300,000 and not more than 1 per- sources for carrying out similar responsibil- by paragraphs (4)(A) and (5)(B)(vii) of section ities for the previous fiscal year. cent of the amount appropriated under sub- 124(c), or with any of the provisions required section (a) to provide technical assistance to (ii) EXCEPTION.—Clause (i) shall not apply by section 125(b)(3); or entities funded under this subtitle. in a year in which the Council is the des- (2) the Council or agency has failed to com- Subtitle C—Protection and Advocacy of ignated State agency. ply substantially with any regulations of the Individual Rights (B) SUPPORT SERVICES PROVIDED BY OTHER Secretary that are applicable to this sub- AGENCIES.—With the agreement of the des- title, SEC. 141. PURPOSE. ignated State agency, the Council may use the Secretary shall notify such Council and The purpose of this subtitle is to provide or contract with agencies other than the des- agency that the Secretary will not make fur- for allotments to support a protection and ignated State agency to perform the func- ther payments to the State under section 122 advocacy system (referred to in this subtitle tions of the designated State agency. (or, in the discretion of the Secretary, that as a ‘‘system’’) in each State to protect the SEC. 126. FEDERAL AND NON-FEDERAL SHARE. further payments to the State under section legal and human rights of individuals with (a) AGGREGATE COST.— 122 for activities for which there is such fail- developmental disabilities in accordance (1) IN GENERAL.—Except as provided in ure), until the Secretary is satisfied that with this subtitle. paragraphs (2) and (3), the Federal share of there will no longer be such failure. Until SEC. 142. ALLOTMENTS AND PAYMENTS. the cost of all projects in a State supported the Secretary is so satisfied, the Secretary (a) ALLOTMENTS.— by an allotment to the State under this sub- shall make no further payments to the State (1) IN GENERAL.—To assist States in meet- title may not be more than 75 percent of the under section 122, or shall limit further pay- ing the requirements of section 143(a), the aggregate necessary cost of such projects, as ments under section 122 to such State to ac- Secretary shall allot to the States the determined by the Secretary. tivities for which there is no such failure. amounts appropriated under section 145 and (2) URBAN OR RURAL POVERTY AREAS.—In SEC. 128. APPEALS BY STATES. not reserved under paragraph (6). Allotments the case of projects whose activities or prod- (a) APPEAL.—If any State is dissatisfied and reallotments of such sums shall be made ucts target individuals with developmental with the Secretary’s action under section on the same basis as the allotments and re- disabilities who live in urban or rural pov- 124(d)(3) or 127, such State may appeal to the allotments are made under subsections erty areas, as determined by the Secretary, United States court of appeals for the circuit (a)(1)(A) and (e) of section 122, except as pro- the Federal share of the cost of all such in which such State is located, by filing a pe- vided in paragraph (2). projects may not be more than 90 percent of tition with such court not later than 60 days (2) MINIMUM ALLOTMENTS.—In any case in the aggregate necessary cost of such after such action. which— projects, as determined by the Secretary. (b) FILING.—The clerk of the court shall (A) the total amount appropriated under (3) STATE PLAN ACTIVITIES.—In the case of transmit promptly a copy of the petition to section 145 for a fiscal year is not less than projects undertaken by the Council or Coun- the Secretary, or any officer designated by $20,000,000, the allotment under paragraph (1) cil staff to implement State plan activities, the Secretary for that purpose. The Sec- for such fiscal year— the Federal share of the cost of all such retary shall file promptly with the court the (i) to each of American Samoa, Guam, the projects may be not more than 100 percent of record of the proceedings on which the Sec- United States Virgin Islands, and the Com- the aggregate necessary cost of such activi- retary based the action, as provided in sec- monwealth of the Northern Mariana Islands ties. tion 2112 of title 28, United States Code. may not be less than $107,000; and

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00211 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.182 pfrm02 PsN: H25PT1 H6990 CONGRESSIONAL RECORD — HOUSE July 25, 2000 (ii) to any State not described in clause (i) tem for the next fiscal year, for the purposes (ii) any individual with a developmental may not be less than $200,000; or for which such amount was paid. disability, in a situation in which— (B) the total amount appropriated under SEC. 143. SYSTEM REQUIRED. (I) the individual, by reason of such indi- section 145 for a fiscal year is less than (a) SYSTEM REQUIRED.—In order for a State vidual’s mental or physical condition, is un- $20,000,000, the allotment under paragraph (1) to receive an allotment under subtitle B or able to authorize the system to have such ac- for such fiscal year— this subtitle— cess; (i) to each of American Samoa, Guam, the (1) the State shall have in effect a system (II) the individual does not have a legal United States Virgin Islands, and the Com- to protect and advocate the rights of individ- guardian, conservator, or other legal rep- monwealth of the Northern Mariana Islands uals with developmental disabilities; resentative, or the legal guardian of the indi- may not be less than $80,000; and (2) such system shall— vidual is the State; and (ii) to any State not described in clause (i) (A) have the authority to— (III) a complaint has been received by the may not be less than $150,000. (i) pursue legal, administrative, and other system about the individual with regard to (3) REDUCTION OF ALLOTMENT.—Notwith- appropriate remedies or approaches to en- the status or treatment of the individual or, standing paragraphs (1) and (2), if the aggre- sure the protection of, and advocacy for, the as a result of monitoring or other activities, gate of the amounts to be allotted to the rights of such individuals within the State there is probable cause to believe that such States pursuant to such paragraphs for any who are or who may be eligible for treat- individual has been subject to abuse or ne- fiscal year exceeds the total amount appro- ment, services, or habilitation, or who are glect; and priated for such allotments under section 145 being considered for a change in living ar- (iii) any individual with a developmental for such fiscal year, the amount to be allot- rangements, with particular attention to disability, in a situation in which— members of ethnic and racial minority ted to each State for such fiscal year shall be (I) the individual has a legal guardian, con- groups; and proportionately reduced. servator, or other legal representative; (ii) provide information on and referral to (4) INCREASE IN ALLOTMENTS.—In any year (II) a complaint has been received by the programs and services addressing the needs in which the total amount appropriated system about the individual with regard to of individuals with developmental disabil- under section 145 for a fiscal year exceeds the the status or treatment of the individual or, ities; total amount appropriated under such sec- as a result of monitoring or other activities, (B) have the authority to investigate inci- tion (or a corresponding provision) for the there is probable cause to believe that such dents of abuse and neglect of individuals preceding fiscal year by a percentage greater individual has been subject to abuse or ne- with developmental disabilities if the inci- than the most recent percentage change in glect; the Consumer Price Index published by the dents are reported to the system or if there is probable cause to believe that the inci- (III) such representative has been con- Secretary of Labor under section 100(c)(1) of tacted by such system, upon receipt of the the Rehabilitation Act of 1973 (29 U.S.C. dents occurred; (C) on an annual basis, develop, submit to name and address of such representative; 720(c)(1)) (if the percentage change indicates (IV) such system has offered assistance to an increase), the Secretary shall increase the Secretary, and take action with regard to goals (each of which is related to 1 or such representative to resolve the situation; each of the minimum allotments described and in subparagraphs (A) and (B) of paragraph more areas of emphasis) and priorities, de- veloped through data driven strategic plan- (V) such representative has failed or re- (2). The Secretary shall increase each min- fused to act on behalf of the individual; imum allotment by an amount that bears ning, for the system’s activities; (D) on an annual basis, provide to the pub- (J)(i) have access to the records of individ- the same ratio to the amount of such min- uals described in subparagraphs (B) and (I), imum allotment (including any increases in lic, including individuals with developmental disabilities attributable to either physical and other records that are relevant to con- such minimum allotment under this para- impairment, mental impairment, or a com- ducting an investigation, under the cir- graph (or a corresponding provision) for prior bination of physical and mental impairment, cumstances described in those subpara- fiscal years) as the amount that is equal to and their representatives, and as appro- graphs, not later than 3 business days after the difference between— priate, non-State agency representatives of the system makes a written request for the (A) the total amount appropriated under the State Councils on Developmental Dis- records involved; and section 145 for the fiscal year for which the abilities, and Centers, in the State, an oppor- (ii) have immediate access, not later than increase in the minimum allotment is being tunity to comment on— 24 hours after the system makes such a re- made; minus (i) the goals and priorities established by quest, to the records without consent from (B) the total amount appropriated under the system and the rationale for the estab- another party, in a situation in which serv- section 145 (or a corresponding provision) for lishment of such goals; and ices, supports, and other assistance are pro- the immediately preceding fiscal year, (ii) the activities of the system, including vided to an individual with a developmental bears to the total amount appropriated the coordination of services with the entities disability— under section 145 (or a corresponding provi- carrying out advocacy programs under the (I) if the system determines there is prob- sion) for such preceding fiscal year. Rehabilitation Act of 1973 (29 U.S.C. 701 et able cause to believe that the health or safe- (5) MONITORING THE ADMINISTRATION OF THE seq.), the Older Americans Act of 1965 (42 ty of the individual is in serious and imme- SYSTEM.—In a State in which the system is U.S.C. 3001 et seq.), and the Protection and diate jeopardy; or housed in a State agency, the State may use Advocacy for Mentally Ill Individuals Act of (II) in any case of death of an individual not more than 5 percent of any allotment 1986 (42 U.S.C. 10801 et seq.), and with entities with a developmental disability; under this subsection for the costs of moni- carrying out other related programs, includ- (K) hire and maintain sufficient numbers toring the administration of the system re- ing the parent training and information cen- and types of staff (qualified by training and quired under section 143(a). ters funded under the Individuals with Dis- experience) to carry out such system’s func- (6) TECHNICAL ASSISTANCE AND AMERICAN IN- abilities Education Act (20 U.S.C. 1400 et tions, except that the State involved shall DIAN CONSORTIUM.—In any case in which the seq.), and activities authorized under section not apply hiring freezes, reductions in force, total amount appropriated under section 145 101 or 102 of the Assistive Technology Act of prohibitions on travel, or other policies to for a fiscal year is more than $24,500,000, the 1998 (29 U.S.C. 3011, 3012); the staff of the system, to the extent that Secretary shall— (E) establish a grievance procedure for cli- such policies would impact the staff or func- (A) use not more than 2 percent of the ents or prospective clients of the system to tions of the system funded with Federal amount appropriated to provide technical as- ensure that individuals with developmental funds or would prevent the system from car- sistance to eligible systems with respect to disabilities have full access to services of the rying out the functions of the system under activities carried out under this subtitle system; this subtitle; (consistent with requests by such systems (F) not be administered by the State Coun- (L) have the authority to educate policy- for such assistance for the year); and cil on Developmental Disabilities; makers; and (B) provide a grant in accordance with sec- (G) be independent of any agency that pro- (M) provide assurances to the Secretary tion 143(b), and in an amount described in vides treatment, services, or habilitation to that funds allotted to the State under sec- paragraph (2)(A)(i), to an American Indian individuals with developmental disabilities; tion 142 will be used to supplement, and not consortium to provide protection and advo- (H) have access at reasonable times to any supplant, the non-Federal funds that would cacy services. individual with a developmental disability in otherwise be made available for the purposes (b) PAYMENT TO SYSTEMS.—Notwith- a location in which services, supports, and for which the allotted funds are provided; standing any other provision of law, the Sec- other assistance are provided to such an in- (3) to the extent that information is avail- retary shall pay directly to any system in a dividual, in order to carry out the purpose of able, the State shall provide to the system— State that complies with the provisions of this subtitle; (A) a copy of each independent review, pur- this subtitle the amount of the allotment (I) have access to all records of— suant to section 1902(a)(30)(C) of the Social made for the State under this section, unless (i) any individual with a developmental Security Act (42 U.S.C. 1396a(a)(30)(C)), of an the system specifies otherwise. disability who is a client of the system if Intermediate Care Facility (Mental Retarda- (c) UNOBLIGATED FUNDS.—Any amount paid such individual, or the legal guardian, con- tion) within the State, not later than 30 days to a system under this subtitle for a fiscal servator, or other legal representative of after the availability of such a review; and year and remaining unobligated at the end of such individual, has authorized the system (B) information about the adequacy of such year shall remain available to such sys- to have such access; health care and other services, supports, and

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00212 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.183 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6991 assistance that individuals with develop- (4) any vacancy in the board shall be filled Centers for Excellence in Developmental Dis- mental disabilities who are served through not later than 60 days after the date on abilities Education, Research, and Service to home and community-based waivers (author- which the vacancy occurs; and carry out activities described in section ized under section 1915(c) of the Social Secu- (5) in a State in which the system is orga- 153(a). rity Act (42 U.S.C. 1396n(c))) receive; and nized as a public system without a multi- (b) NATIONAL TRAINING INITIATIVES.—From (4) the agency implementing the system member governing or advisory board, the appropriations authorized under section shall not be redesignated unless— system shall establish an advisory council— 156(a)(1) and reserved under section 156(a)(2), (A) there is good cause for the redesigna- (A) that shall advise the system on policies the Secretary shall make grants to Centers tion; and priorities to be carried out in protecting to carry out activities described in section (B) the State has given the agency notice and advocating the rights of individuals with 153(b). of the intention to make such redesignation, developmental disabilities; and (c) TECHNICAL ASSISTANCE.—From appro- including notice regarding the good cause for (B) on which a majority of the members priations authorized under section 156(a)(1) such redesignation, and given the agency an shall be— and reserved under section 156(a)(3) (or from opportunity to respond to the assertion that (i) individuals with developmental disabil- funds reserved under section 163, as appro- good cause has been shown; ities who are eligible for services, or have re- priate), the Secretary shall enter into 1 or (C) the State has given timely notice and ceived or are receiving services, through the more cooperative agreements or contracts an opportunity for public comment in an ac- system; or for the purpose of providing technical assist- cessible format to individuals with develop- (ii) parents, family members, guardians, ance described in section 153(c). mental disabilities or their representatives; advocates, or authorized representatives of SEC. 152. GRANT AWARDS. and individuals referred to in clause (i). (a) EXISTING CENTERS.— (D) the system has an opportunity to ap- (b) LEGAL ACTION.— (1) IN GENERAL.—In awarding and distrib- peal the redesignation to the Secretary, on (1) IN GENERAL.—Nothing in this title shall uting grant funds under section 151(a) for a the basis that the redesignation was not for preclude a system from bringing a suit on be- fiscal year, the Secretary, subject to the good cause. half of individuals with developmental dis- availability of appropriations and the condi- (b) AMERICAN INDIAN CONSORTIUM.—Upon abilities against a State, or an agency or in- tion specified in subsection (d), shall award application to the Secretary, an American strumentality of a State. and distribute grant funds in equal amounts Indian consortium established to provide (2) USE OF AMOUNTS FROM JUDGMENT.—An of $500,000 (adjusted in accordance with sub- protection and advocacy services under this amount received pursuant to a suit described section (b)), to each Center that existed dur- subtitle, shall receive funding pursuant to in paragraph (1) through a court judgment ing the preceding fiscal year and that meets section 142(a)(6) to provide the services. Such may only be used by the system to further the requirements of this subtitle, prior to consortium shall be considered to be a sys- the purpose of this subtitle and shall not be making grants under subsection (c) or (d). tem for purposes of this subtitle and shall used to augment payments to legal contrac- (2) REDUCTION OF AWARD.—Notwithstanding coordinate the services with other systems tors or to award personal bonuses. paragraph (1), if the aggregate of the funds serving the same geographic area. The tribal (3) LIMITATION.—The system shall use as- to be awarded to the Centers pursuant to council that designates the consortium shall sistance provided under this subtitle in a paragraph (1) for any fiscal year exceeds the carry out the responsibilities and exercise manner consistent with section 5 of the As- the authorities specified for a State in this total amount appropriated under section 156 sisted Suicide Funding Restriction Act of for such fiscal year, the amount to be award- subtitle, with regard to the consortium. 1997 (42 U.S.C. 14404). (c) RECORD.—In this section, the term ed to each Center for such fiscal year shall (c) DISCLOSURE OF INFORMATION.—For pur- ‘‘record’’ includes— be proportionately reduced. poses of any periodic audit, report, or eval- (1) a report prepared or received by any (b) ADJUSTMENTS.—Subject to the avail- uation required under this subtitle, the Sec- staff at any location at which services, sup- ability of appropriations, for any fiscal year retary shall not require an entity carrying ports, or other assistance is provided to indi- following a year in which each Center de- out a program to disclose the identity of, or viduals with developmental disabilities; scribed in subsection (a) received a grant any other personally identifiable informa- (2) a report prepared by an agency or staff award of not less than $500,000 under sub- tion related to, any individual requesting as- person charged with investigating reports of section (a) (adjusted in accordance with this sistance under such program. incidents of abuse or neglect, injury, or subsection), the Secretary shall adjust the (d) PUBLIC NOTICE OF FEDERAL ONSITE RE- death occurring at such location, that de- awards to take into account the most recent VIEW.—The Secretary shall provide advance scribes such incidents and the steps taken to percentage change in the Consumer Price public notice of any Federal programmatic Index published by the Secretary of Labor investigate such incidents; and or administrative onsite review of a system (3) a discharge planning record. under section 100(c)(1) of the Rehabilitation conducted under this subtitle and solicit Act of 1973 (29 U.S.C. 720(c)(1)) (if the per- SEC. 144. ADMINISTRATION. public comment on the system through such (a) GOVERNING BOARD.—In a State in which centage change indicates an increase), prior notice. The Secretary shall prepare an onsite to making grants under subsection (c) or (d). the system described in section 143 is orga- visit report containing the results of such re- nized as a private nonprofit entity with a (c) NATIONAL TRAINING INITIATIVES ON CRIT- view, which shall be distributed to the Gov- ICAL AND EMERGING NEEDS.—Subject to the multimember governing board, or a public ernor of the State and to other interested system with a multimember governing availability of appropriations, for any fiscal public and private parties. The comments re- board, such governing board shall be selected year in which each Center described in sub- ceived in response to the public comment so- according to the policies and procedures of section (a) receives a grant award of not less licitation notice shall be included in the on- the system, except that— than $500,000, under subsection (a) (adjusted site visit report. (1)(A) the governing board shall be com- in accordance with subsection (b)), after (e) REPORTS.—Beginning in fiscal year 2002, posed of members who broadly represent or making the grant awards, the Secretary each system established in a State pursuant are knowledgeable about the needs of the in- shall make grants under section 151(b) to to this subtitle shall annually prepare and dividuals served by the system; Centers to pay for the Federal share of the transmit to the Secretary a report that de- (B) a majority of the members of the board cost of training initiatives related to the scribes the activities, accomplishments, and shall be— unmet needs of individuals with develop- expenditures of the system during the pre- (i) individuals with disabilities, including mental disabilities and their families, as de- ceding fiscal year, including a description of individuals with developmental disabilities, scribed in section 153(b). the system’s goals, the extent to which the who are eligible for services, or have re- (d) ADDITIONAL GRANTS.—For any fiscal goals were achieved, barriers to their ceived or are receiving services through the year in which each Center described in sub- achievement, the process used to obtain pub- system; or section (a) receives a grant award of not less lic input, the nature of such input, and how (ii) parents, family members, guardians, than $500,000 under subsection (a) (adjusted such input was used. advocates, or authorized representatives of in accordance with subsection (b)), after individuals referred to in clause (i); and SEC. 145. AUTHORIZATION OF APPROPRIATIONS. making the grant awards, the Secretary may For allotments under section 142, there are (C) the board may include a representative make grants under section 151(a) for activi- authorized to be appropriated $32,000,000 for of the State Council on Developmental Dis- ties described in section 153(a) to additional fiscal year 2001 and such sums as may be nec- abilities, the Centers in the State, and the Centers, or additional grants to Centers, for essary for each of fiscal years 2002 through self-advocacy organization described in sec- States or populations that are unserved or 2007. tion 124(c)(4)(A)(ii)(I); underserved by Centers due to such factors (2) not more than 1⁄3 of the members of the Subtitle D—National Network of University as— governing board may be appointed by the Centers for Excellence in Developmental (1) population; chief executive officer of the State involved, Disabilities Education, Research, and Serv- (2) a high concentration of rural or urban in the case of any State in which such officer ice areas; or has the authority to appoint members of the SEC. 151. GRANT AUTHORITY. (3) a high concentration of unserved or un- board; (a) NATIONAL NETWORK.—From appropria- derserved populations. (3) the membership of the governing board tions authorized under section 156(a)(1), the SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES. shall be subject to term limits set by the Secretary shall make 5-year grants to enti- (a) NATIONAL NETWORK OF UNIVERSITY CEN- system to ensure rotating membership; ties in each State designated as University TERS FOR EXCELLENCE IN DEVELOPMENTAL

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DISABILITIES EDUCATION, RESEARCH, AND tiple Centers and, in appropriate cases, other (i) of which a majority of the members SERVICE.— entities whose work affects the lives of indi- shall be individuals with developmental dis- (1) IN GENERAL.—In order to provide leader- viduals with developmental disabilities; abilities and family members of such individ- ship in, advise Federal, State, and commu- (2) compile, analyze, and disseminate uals; nity policymakers about, and promote op- state-of-the-art training, research, and dem- (ii) that is comprised of— portunities for individuals with develop- onstration results policies, and practices (I) individuals with developmental disabil- mental disabilities to exercise self-deter- from multiple Centers and, in appropriate ities and related disabilities; mination, be independent, be productive, and cases, other entities whose work affects the (II) family members of individuals with de- be integrated and included in all facets of lives of persons with developmental disabil- velopmental disabilities; community life, the Secretary shall award ities; (III) a representative of the State protec- grants to eligible entities designated as Cen- (3) convene experts from multiple Centers tion and advocacy system; ters in each State to pay for the Federal to discuss and make recommendations with (IV) a representative of the State Council share of the cost of the administration and regard to national emerging needs of individ- on Developmental Disabilities; operation of the Centers. The Centers shall uals with developmental disabilities; (V) a representative of a self-advocacy or- be interdisciplinary education, research, and (4)(A) develop portals that link users with ganization described in section public service units of universities (as de- every Center’s website; and 124(c)(4)(A)(ii)(I); and fined by the Secretary) or public or not-for- (B) facilitate electronic information shar- (VI) representatives of organizations that profit entities associated with universities ing using state-of-the-art Internet tech- may include parent training and information that engage in core functions, described in nologies such as real-time online discus- centers assisted under section 682 or 683 of paragraph (2), addressing, directly or indi- sions, multipoint video conferencing, and the Individuals with Disabilities Education rectly, 1 or more of the areas of emphasis. web-based audio/video broadcasts, on emerg- Act (20 U.S.C. 1482, 1483), entities carrying (2) CORE FUNCTIONS.—The core functions re- ing topics that impact individuals with dis- out activities authorized under section 101 or ferred to in paragraph (1) shall include the abilities and their families; 102 of the Assistive Technology Act of 1998 following: (5) serve as a research-based resource for (29 U.S.C. 3011, 3012), relevant State agencies, (A) Provision of interdisciplinary pre-serv- Federal and State policymakers on informa- and other community groups concerned with ice preparation and continuing education of tion concerning and issues impacting indi- the welfare of individuals with develop- students and fellows, which may include the viduals with developmental disabilities and mental disabilities and their families; preparation and continuing education of entities that assist or serve those individ- (iii) that reflects the racial and ethnic di- leadership, direct service, clinical, or other uals; or versity of the State; and personnel to strengthen and increase the ca- (6) undertake any other functions that the (iv) that shall— pacity of States and communities to achieve Secretary determines to be appropriate; (I) consult with the Director of the Center the purpose of this title. to promote the viability and use of the re- regarding the development of the 5-year (B) Provision of community services— sources and expertise of the Centers nation- plan, and shall participate in an annual re- (i) that provide training or technical as- ally and internationally. view of, and comment on, the progress of the sistance for individuals with developmental SEC. 154. APPLICATIONS. Center in meeting the projected goals con- disabilities, their families, professionals, (a) APPLICATIONS FOR CORE CENTER tained in the plan, and shall make rec- paraprofessionals, policymakers, students, GRANTS.— ommendations to the Director of the Center and other members of the community; and (1) IN GENERAL.—To be eligible to receive a regarding any proposed revisions of the plan (ii) that may provide services, supports, grant under section 151(a) for a Center, an that might be necessary; and and assistance for the persons described in entity shall submit to the Secretary, and ob- (II) meet as often as necessary to carry out clause (i) through demonstration and model tain approval of, an application at such time, the role of the committee, but at a minimum activities. in such manner, and containing such infor- twice during each grant year; (C) Conduct of research, which may include mation, as the Secretary may require. (F) to the extent possible, utilize the infra- basic or applied research, evaluation, and the (2) APPLICATION CONTENTS.—Each applica- structure and resources obtained through analysis of public policy in areas that affect tion described in paragraph (1) shall describe funds made available under the grant to le- or could affect, either positively or nega- a 5-year plan, including a projected goal re- verage additional public and private funds to tively, individuals with developmental dis- lated to 1 or more areas of emphasis for each successfully achieve the projected goals de- abilities and their families. of the core functions described in section veloped in the 5-year plan; (D) Dissemination of information related 153(a). (G)(i) have a director with appropriate aca- to activities undertaken to address the pur- (3) ASSURANCES.—The application shall be demic credentials, demonstrated leadership, pose of this title, especially dissemination of approved by the Secretary only if the appli- expertise regarding developmental disabil- information that demonstrates that the net- cation contains or is supported by reasonable ities, significant experience in managing work authorized under this subtitle is a na- assurances that the entity designated as the grants and contracts, and the ability to le- tional and international resource that in- Center will— verage public and private funds; and cludes specific substantive areas of expertise (A) meet regulatory standards as estab- (ii) allocate adequate staff time to carry lished by the Secretary for Centers; that may be accessed and applied in diverse out activities related to each of the core (B) address the projected goals, and carry settings and circumstances. functions described in section 153(a); and out goal-related activities, based on data (b) NATIONAL TRAINING INITIATIVES ON CRIT- (H) educate, and disseminate information driven strategic planning and in a manner ICAL AND EMERGING NEEDS.— related to the purpose of this title to, the consistent with the objectives of this sub- (1) SUPPLEMENTAL GRANTS.—After con- legislature of the State in which the Center title, that— sultation with relevant, informed sources, is located, and to Members of Congress from (i) are developed in collaboration with the including individuals with developmental such State. disabilities and their families, the Secretary consumer advisory committee established (b) SUPPLEMENTAL GRANT APPLICATIONS shall award, under section 151(b), supple- pursuant to subparagraph (E); PERTAINING TO NATIONAL TRAINING INITIA- mental grants to Centers to pay for the Fed- (ii) are consistent with, and to the extent TIVES IN CRITICAL AND EMERGING NEEDS.—To eral share of the cost of training initiatives feasible complement and further, the Council be eligible to receive a supplemental grant related to the unmet needs of individuals goals contained in the State plan submitted under section 151(b), a Center may submit a with developmental disabilities and their under section 124 and the system goals estab- supplemental application to the Secretary at families. The Secretary shall make the lished under section 143; and such time, in such manner, and containing grants on a competitive basis, and for peri- (iii) will be reviewed and revised annually such information as the Secretary may re- ods of not more than 5 years. as necessary to address emerging trends and quire, pursuant to the terms and conditions (2) ESTABLISHMENT OF CONSULTATION PROC- needs; set by the Secretary consistent with section ESS BY THE SECRETARY.—Not later than 1 (C) use the funds made available through 153(b). year after the date of enactment of this Act, the grant to supplement, and not supplant, (c) PEER REVIEW.— the Secretary shall establish a consultation the funds that would otherwise be made (1) IN GENERAL.—The Secretary shall re- process that, on an ongoing basis, allows the available for activities described in section quire that all applications submitted under Secretary to identify and address, through 153(a); this subtitle be subject to technical and supplemental grants authorized under para- (D) protect, consistent with the policy qualitative review by peer review groups es- graph (1), training initiatives related to the specified in section 101(c) (relating to rights tablished under paragraph (2). The Secretary unmet needs of individuals with develop- of individuals with developmental disabil- may approve an application under this sub- mental disabilities and their families. ities), the legal and human rights of all indi- title only if such application has been rec- (c) TECHNICAL ASSISTANCE.—In order to viduals with developmental disabilities (es- ommended by a peer review group that has strengthen and support the national network pecially those individuals under State guard- conducted the peer review required under of Centers, the Secretary may enter into 1 or ianship) who are involved in activities car- this paragraph. In conducting the review, the more cooperative agreements or contracts ried out under programs assisted under this group may conduct onsite visits or inspec- to— subtitle; tions of related activities as necessary. (1) assist in national and international dis- (E) establish a consumer advisory (2) ESTABLISHMENT OF PEER REVIEW semination of specific information from mul- committee— GROUPS.—

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(A) IN GENERAL.—The Secretary, acting (2) RESERVATION FOR TRAINING INITIA- school to adult life, especially in finding em- through the Commissioner of the Adminis- TIVES.—From any amount appropriated for a ployment and postsecondary education op- tration on Developmental Disabilities, may, fiscal year under paragraph (1) and remain- portunities and in upgrading and changing notwithstanding— ing after each Center described in section any assistive technology devices that may be (i) the provisions of title 5, United States 152(a) has received a grant award of not less needed as a youth matures; Code, concerning appointments to the com- than $500,000, as described in section 152, the (vii) initiatives that address the develop- petitive service; and Secretary shall reserve funds for the training ment of community quality assurance sys- (ii) the provisions of chapter 51, and sub- initiatives authorized under section 153(b). tems and the training related to the develop- chapter III of chapter 53 of title 5, United (3) RESERVATION FOR TECHNICAL ASSIST- ment, implementation, and evaluation of States Code, concerning classification and ANCE.— such systems, including training of individ- General Schedule pay rates; (A) YEARS BEFORE APPROPRIATION TRIG- uals with developmental disabilities and establish such peer review groups and ap- GER.—For any covered year, the Secretary their families; point and set the rates of pay of members of shall reserve funds in accordance with sec- (viii) initiatives that address the needs of such groups. tion 163(c) to fund technical assistance ac- aging individuals with developmental dis- (B) COMPOSITION.—Each peer review group tivities under section 153(c) (other than sec- abilities and aging caregivers of adults with shall include such individuals with disabil- tion 153(c)(4)). developmental disabilities in the commu- ities and parents, guardians, or advocates of (B) YEARS AFTER APPROPRIATION TRIGGER.— nity; or for individuals with developmental dis- For any fiscal year that is not a covered (ix) initiatives that create greater access abilities, as are necessary to carry out this year, the Secretary shall reserve not less to and use of generic services systems, com- subsection. than $300,000 and not more than 2 percent of munity organizations, and associations, and (3) WAIVERS OF APPROVAL.—The Secretary the amount appropriated under paragraph (1) initiatives that assist in community eco- may waive the provisions of paragraph (1) to fund technical assistance activities under nomic development; with respect to review and approval of an ap- section 153(c) (other than section 153(c)(4)). (x) initiatives that create access to in- plication if the Secretary determines that (C) COVERED YEAR.—In this paragraph, the creased living options; exceptional circumstances warrant such a term ‘‘covered year’’ means a fiscal year (xi) initiatives that address the chal- waiver. prior to the first fiscal year for which the lenging behaviors of individuals with devel- (d) FEDERAL SHARE.— amount appropriated under paragraph (1) is opmental disabilities, including initiatives (1) IN GENERAL.—The Federal share of the not less than $20,000,000. that promote positive alternatives to the use cost of administration or operation of a Cen- (b) LIMITATION.—The Secretary may not of restraints and seclusion; and ter, or the cost of carrying out a training use, for peer review or other activities di- (xii) initiatives that address other areas of initiative, supported by a grant made under rectly related to peer review conducted emerging need. this subtitle may not be more than 75 per- under this subtitle— SEC. 162. GRANT AUTHORITY. cent of the necessary cost of such project, as (1) for fiscal year 2001, more than $300,000 of (a) IN GENERAL.—The Secretary shall determined by the Secretary. the funds made available under subsection award grants, contracts, or cooperative (2) URBAN OR RURAL POVERTY AREAS.—In (a); and agreements to public or private nonprofit en- the case of a project whose activities or (2) for any succeeding fiscal year, more tities for projects of national significance re- products target individuals with develop- than the amount of funds used for the peer lating to individuals with developmental dis- mental disabilities who live in an urban or review and related activities in fiscal year abilities to carry out activities described in rural poverty area, as determined by the 2001, adjusted to take into account the most section 161(2). Secretary, the Federal share of the cost of (b) FEDERAL INTERAGENCY INITIATIVES.— recent percentage change in the Consumer the project may not be more than 90 percent (1) IN GENERAL.— Price Index published by the Secretary of of the necessary costs of the project, as de- (A) AUTHORITY.—The Secretary may— Labor under section 100(c)(1) of the Rehabili- termined by the Secretary. (i) enter into agreements with Federal tation Act of 1973 (29 U.S.C. 720(c)(1)) (if the (3) GRANT EXPENDITURES.—For the purpose agencies to jointly carry out activities de- percentage change indicates an increase). of determining the Federal share with re- scribed in section 161(2) or to jointly carry spect to the project, expenditures on that Subtitle E—Projects of National Significance out activities of common interest related to project by a political subdivision of a State SEC. 161. PURPOSE. the objectives of such section; and or by a public or private entity shall, subject The purpose of this subtitle is to provide (ii) transfer to such agencies for such pur- to such limitations and conditions as the grants, contracts, or cooperative agreements poses funds appropriated under this subtitle, Secretary may by regulation prescribe under for projects of national significance that— and receive and use funds from such agencies section 104(b), be considered to be expendi- (1) create opportunities for individuals for such purposes. tures made by a Center under this subtitle. with developmental disabilities to directly (B) RELATION TO PROGRAM PURPOSES.— (e) ANNUAL REPORT.—Each Center shall an- and fully contribute to, and participate in, Funds transferred or received pursuant to nually prepare and transmit to the Secretary all facets of community life; and this paragraph shall be used only in accord- a report containing— (2) support the development of national ance with statutes authorizing the appro- (1) information on progress made in achiev- and State policies that reinforce and pro- priation of such funds. Such funds shall be ing the projected goals of the Center for the mote, with the support of families, guard- made available through grants, contracts, or previous year, including— ians, advocates, and communities, of individ- cooperative agreements only to recipients el- (A) the extent to which the goals were uals with developmental disabilities, the igible to receive such funds under such stat- achieved; self-determination, independence, produc- utes. (B) a description of the strategies that con- tivity, and integration and inclusion in all (C) PROCEDURES AND CRITERIA.—If the Sec- tributed to achieving the goals; facets of community life of such individuals retary enters into an agreement under this (C) to the extent to which the goals were through— subsection for the administration of a joint- not achieved, a description of factors that (A) family support activities; ly funded project— impeded the achievement; and (B) data collection and analysis; (i) the agreement shall specify which agen- (D) an accounting of the manner in which (C) technical assistance to entities funded cy’s procedures shall be used to award funds paid to the Center under this subtitle under subtitles B and D, subject to the limi- grants, contracts, or cooperative agreements for a fiscal year were expended; tations described in sections 129(b), 156(a)(3), and to administer such awards; (2) information on proposed revisions to and 163(c); and (ii) the participating agencies may develop the goals; and (D) other projects of sufficient size and a single set of criteria for the jointly funded (3) a description of successful efforts to le- scope that hold promise to expand or im- project, and may require applicants to sub- verage funds, other than funds made avail- prove opportunities for such individuals, mit a single application for joint review by able under this subtitle, to pursue goals con- including— such agencies; and sistent with this subtitle. (i) projects that provide technical assist- (iii) unless the heads of the participating SEC. 155. DEFINITION. ance for the development of information and agencies develop joint eligibility require- In this subtitle, the term ‘‘State’’ means referral systems; ments, an applicant for an award for the each of the several States of the United (ii) projects that provide technical assist- project shall meet the eligibility require- States, the District of Columbia, the Com- ance to self-advocacy organizations of indi- ments of each program involved. monwealth of Puerto Rico, the United States viduals with developmental disabilities; (2) LIMITATION.—The Secretary may not Virgin Islands, and Guam. (iii) projects that provide education for construe the provisions of this subsection to SEC. 156. AUTHORIZATION OF APPROPRIATIONS. policymakers; take precedence over a limitation on joint (a) AUTHORIZATION AND RESERVATIONS.— (iv) Federal interagency initiatives; funding contained in an applicable statute. (1) AUTHORIZATION.—There are authorized (v) projects that enhance the participation SEC. 163. AUTHORIZATION OF APPROPRIATIONS. to be appropriated to carry out this subtitle of racial and ethnic minorities in public and (a) IN GENERAL.—There are authorized to (other than section 153(c)(4)) $30,000,000 for private sector initiatives in developmental be appropriated to carry out the projects fiscal year 2001 and such sums as may be nec- disabilities; specified in this section $16,000,000 for fiscal essary for each of fiscal years 2002 through (vi) projects that provide aid to transition year 2001, and such sums as may be necessary 2007. youth with developmental disabilities from for each of fiscal years 2002 through 2007.

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(b) USE OF FUNDS.— efit from receiving services from profes- lines, for computer-assisted, competency- (1) GRANTS, CONTRACTS, AND AGREEMENTS.— sionals who have spent time as direct sup- based, multimedia, interactive instruction, Except as provided in paragraph (2), the port workers. relating to service as a direct support work- amount appropriated under subsection (a) for SEC. 202. DEFINITIONS. er. each fiscal year shall be used to award In this title: (2) PARTICIPANTS.—The curriculum shall be grants, or enter into contracts, cooperative (1) DEVELOPMENTAL DISABILITY.—The term developed for individuals who— agreements, or other agreements, under sec- ‘‘developmental disability’’ has the meaning (A) seek to become direct support workers tion 162. given the term in section 102. who assist individuals with developmental (2) ADMINISTRATIVE COSTS.—Not more than (2) INSTITUTION OF HIGHER EDUCATION.—The disabilities or are such direct support work- 1 percent of the amount appropriated under term ‘‘institution of higher education’’ has ers; and subsection (a) for each fiscal year may be the meaning given the term in section 1201 of (B) seek to upgrade their skills and com- used to provide for the administrative costs the Higher Education Act of 1965 (20 U.S.C. petencies related to being a direct support (other than compensation of Federal employ- 1141). worker. ees) of the Administration on Developmental (3) SECRETARY.—The term ‘‘Secretary’’ (b) APPLICATION REQUIREMENTS.—To be eli- Disabilities for administering this subtitle means the Secretary of Health and Human gible to receive an award under this section, and subtitles B, C, and D, including moni- Services. an entity shall submit to the Secretary an toring the performance of and providing SEC. 203. REACHING UP SCHOLARSHIP PRO- technical assistance to, entities that receive GRAM. application at such time, in such manner, funds under this title. (a) PROGRAM AUTHORIZATION.—The Sec- and containing such information as the Sec- (c) TECHNICAL ASSISTANCE FOR COUNCILS retary may award grants to eligible entities, retary may require, including— AND CENTERS.— on a competitive basis, to enable the entities (1) a comprehensive analysis of the content (1) IN GENERAL.—For each covered year, the to carry out scholarship programs by pro- of direct support roles; Secretary shall expend, to provide technical viding vouchers for postsecondary education (2) information identifying an advisory assistance for entities funded under subtitle to direct support workers who assist individ- group that— B or D, an amount from funds appropriated uals with developmental disabilities residing (A) is comprised of individuals with experi- under subsection (a) that is not less than the in diverse settings. The Secretary shall ence and expertise with regard to the sup- amount the Secretary expended on technical award the grants to pay for the Federal port provided by direct support workers, and assistance for entities funded under that sub- share of the cost of providing the vouchers. effective ways to provide the support, for in- title (or a corresponding provision) in the (b) ELIGIBLE ENTITY.—To be eligible to re- dividuals with developmental disabilities in previous fiscal year. ceive a grant under this section, an entity diverse settings; and (2) COVERED YEAR.—In this subsection, the shall be— (B) will advise the entity throughout the term ‘‘covered year’’ means— (1) an institution of higher education; development, evaluation, and dissemination (A) in the case of an expenditure for enti- (2) a State agency; or of the staff development curriculum and ties funded under subtitle B, a fiscal year for (3) a consortium of such institutions or guidelines; which the amount appropriated under sec- agencies. (3) information describing how the entity tion 129(a) is less than $76,000,000; and (c) APPLICATION REQUIREMENTS.—To be eli- will— (B) in the case of an expenditure for enti- gible to receive a grant under this section, (A) develop, field test, and validate a staff ties funded under subtitle D, a fiscal year an eligible entity shall submit to the Sec- development curriculum that— prior to the first fiscal year for which the retary an application at such time, in such (i) relates to the appropriate reading level amount appropriated under section 156(a)(1) manner, and containing such information as for direct service workers who assist individ- is not less than $20,000,000. the Secretary may require, including a de- uals with disabilities; (3) REFERENCES.—References in this sub- scription of— (ii) allows for multiple levels of instruc- section to subtitle D shall not be considered (1) the basis for awarding the vouchers; tion; to include section 153(c)(4). (2) the number of individuals to receive the (iii) provides instruction appropriate for (d) TECHNICAL ASSISTANCE ON ELECTRONIC vouchers; and direct support workers who work in diverse INFORMATION SHARING.—In addition to any (3) the amount of funds that will be made settings; and funds reserved under subsection (c), the Sec- available by the eligible entity to pay for the (iv) is consistent with subsections (b) and retary shall reserve $100,000 from the amount non-Federal share of the cost of providing (c) of section 101 and section 109; appropriated under subsection (a) for each the vouchers. (B) develop, field test, and validate guide- fiscal year to carry out section 153(c)(4). (d) SELECTION CRITERIA.—In awarding a lines for the organizations that use the cur- (e) LIMITATION.—For any fiscal year for grant under this section for a scholarship riculum that provide for— which the amount appropriated under sub- program, the Secretary shall give priority to (i) providing necessary technical and in- section (a) is not less than $10,000,000, not an entity submitting an application that— structional support to trainers and mentors more than 50 percent of such amount shall be (1) specifies that individuals who receive for the participants; used for activities carried out under section vouchers through the program will be (ii) ensuring easy access to and use of such 161(2)(A). individuals— curriculum by workers that choose to par- TITLE II—PROGRAM FOR DIRECT SUP- (A) who are direct support workers who as- ticipate in using, and agencies that choose to PORT WORKERS WHO ASSIST INDIVID- sist individuals with developmental disabil- use, the curriculum; UALS WITH DEVELOPMENTAL DISABIL- ities residing in diverse settings, while pur- (iii) evaluating the proficiency of the par- ITIES suing postsecondary education; and ticipants with respect to the content of the SEC. 201. FINDINGS. (B) each of whom verifies, prior to receiv- curriculum; Congress finds that— ing the voucher, that the worker has com- (iv) providing necessary support to the par- (1) direct support workers, especially pleted 250 hours as a direct support worker ticipants to assure that the participants young adults, have played essential roles in in the past 90 days; have access to, and proficiency in using, a providing the support needed by individuals (2) states that the vouchers that will be computer in order to participate in the de- with developmental disabilities and expand- provided through the program will be in velopment, testing, and validation process; ing community options for those individuals; amounts of not more than $2,000 per year; (v) providing necessary technical and in- (2) 4 factors have contributed to a decrease (3) provides an assurance that the eligible structional support to trainers and mentors in the available pool of direct support work- entity (or another specified entity that is for the participants in conjunction with the ers, specifically— not a voucher recipient) will contribute the development, testing, and validation process; (A) the small population of individuals who non-Federal share of the cost of providing (vi) addressing the satisfaction of partici- are age 18 through 25, an age group that has the vouchers; and pants, individuals with developmental dis- been attracted to direct support work in the (4) meets such other conditions as the Sec- abilities and their families, providers of serv- past; retary may specify. ices for such individuals and families, and (B) the rapid expansion of the service sec- (e) FEDERAL SHARE.—The Federal share of other relevant entities with the curriculum; tor, which attracts individuals who pre- the cost of providing the vouchers shall be and viously would have elected to pursue em- not more than 80 percent. (vii) developing methods to maintain a ployment as direct support workers; SEC. 204. STAFF DEVELOPMENT CURRICULUM record of the instruction completed, and the (C) the failure of wages in the human serv- AUTHORIZATION. content mastered, by each participant under ices sector to keep pace with wages in other (a) FUNDING.— the curriculum; and service sectors; and (1) IN GENERAL.—The Secretary shall award (C) nationally disseminate the curriculum (D) the lack of quality training and career funding, on a competitive basis, through a and guidelines, including dissemination advancement opportunities available to di- grant, cooperative agreement, or contract, through— rect support workers; and to a public or private entity or a combina- (i) parent training and information centers (3) individuals with developmental disabil- tion of such entities, for the development, funded under part D of the Individuals with ities benefit from assistance from direct sup- evaluation, and dissemination of a staff de- Disabilities Education Act (20 U.S.C. 1451 et port workers who are well trained, and ben- velopment curriculum, and related guide- seq.);

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(ii) community-based organizations of and and Bill of Rights Act (42 U.S.C. 6041 et (10) CRIME VICTIMS WITH DISABILITIES for individuals with developmental disabil- seq.)’’ and inserting ‘‘subtitle C of the Devel- AWARENESS ACT.—Section 3 of the Crime Vic- ities and their families; opmental Disabilities Assistance and Bill of tims With Disabilities Awareness Act (42 (iii) entities funded under title I; Rights Act of 2000’’. U.S.C. 3732 note) is amended by striking (iv) centers for independent living; (B) Paragraphs (1) and (2) of section 102(a) ‘‘term’’ and all that follows and inserting the (v) State educational agencies and local of the Assistive Technology Act of 1998 (29 following ‘‘term in section 102 of the Devel- educational agencies; U.S.C. 3012(a)) are amended by striking ‘‘De- opmental Disabilities Assistance and Bill of (vi) entities operating appropriate medical velopmental Disabilities Assistance and Bill Rights Act of 2000.’’. facilities; of Rights Act (42 U.S.C. 6000 et seq.)’’ and in- (11) CRANSTON-GONZALEZ NATIONAL AFFORD- (vii) postsecondary education entities; and serting ‘‘Developmental Disabilities Assist- ABLE HOUSING ACT.—The third sentence of (viii) other appropriate entities; and ance and Bill of Rights Act of 2000’’. section 811(k)(2) of the Cranston-Gonzalez (4) such other information as the Secretary (5) HEALTH PROGRAMS EXTENSION ACT OF National Affordable Housing Act (42 U.S.C. may require. 1973.—Section 401(e) of the Health Programs 8013(k)(2)) is amended by striking ‘‘as de- SEC. 205. AUTHORIZATION OF APPROPRIATIONS. Extension Act of 1973 (42 U.S.C. 300a–7(e)) is fined’’ and all that follows and inserting ‘‘as (a) SCHOLARSHIPS.—There are authorized to amended by striking ‘‘or the’’ and all that defined in section 102 of the Developmental be appropriated to carry out section 203 follows through ‘‘may deny’’ and inserting Disabilities Assistance and Bill of Rights Act $800,000 for fiscal year 2001 and such sums as ‘‘or the Developmental Disabilities Assist- of 2000.’’. may be necessary for each of fiscal years 2002 ance and Bill of Rights Act of 2000 may (12) STATE DEPENDENT CARE DEVELOPMENT through 2007. deny’’. GRANTS ACT.—Section 670G(3) of the State (b) STAFF DEVELOPMENT CURRICULUM.— (6) SOCIAL SECURITY ACT.— Dependent Care Development Grants Act (42 There are authorized to be appropriated to (A) Section 1919(c)(2)(B)(iii)(III) of the So- U.S.C. 9877(3)) is amended by striking ‘‘sec- carry out section 204 $800,000 for fiscal year cial Security Act (42 U.S.C. tion 102(7) of the Developmental Disabilities 2001 and such sums as may be necessary for 1396r(c)(2)(B)(iii)(III)) is amended by striking Assistance and Bill of Rights Act’’ and in- each of fiscal years 2002 and 2003. ‘‘part C of the Developmental Disabilities serting ‘‘section 102 of the Developmental Assistance and Bill of Rights Act’’ and in- TITLE III—REPEAL Disabilities Assistance and Bill of Rights Act serting ‘‘subtitle C of the Developmental of 2000’’. SEC. 301. REPEAL. Disabilities Assistance and Bill of Rights Act (a) IN GENERAL.—The Developmental Dis- (13) PROTECTION AND ADVOCACY FOR MEN- of 2000’’. TALLY ILL INDIVIDUALS ACT OF 1986.— abilities Assistance and Bill of Rights Act (42 (B) Section 1930(d)(7) of the Social Security U.S.C. 6000 et seq.) is repealed. (A) Section 102(2) of the Protection and Ad- Act (42 U.S.C. 1396u(d)(7)) is amended by vocacy for Mentally Ill Individuals Act of (b) CONFORMING AMENDMENTS.— striking ‘‘State Planning Council established (1) INDIVIDUALS WITH DISABILITIES EDU- 1986 (42 U.S.C. 10802(2)) is amended by strik- under section 124 of the Developmental Dis- ing ‘‘part C of the Developmental Disabil- CATION ACT.—Sections 644(b)(4) and 685(b)(4) abilities Assistance and Bill of Rights Act, of the Individuals with Disabilities Edu- ities Assistance and Bill of Rights Act’’ and and the Protection and Advocacy System es- inserting ‘‘subtitle C of the Developmental cation Act (20 U.S.C. 1444(b)(4), 1484a(b)(4)) tablished under section 142 of such Act’’ and are amended by striking ‘‘the Developmental Disabilities Assistance and Bill of Rights Act inserting ‘‘State Council on Developmental of 2000’’. Disabilities Assistance and Bill of Rights Disabilities established under section 125 of (B) Section 114 of the Protection and Advo- Act’’ and inserting ‘‘the Developmental Dis- the Developmental Disabilities Assistance cacy for Mentally Ill Individuals Act of 1986 abilities Assistance and Bill of Rights Act of and Bill of Rights Act of 2000 and the protec- (42 U.S.C. 10824) is amended by striking ‘‘sec- 2000’’. tion and advocacy system established under tion 107(c) of the Developmental Disabilities (2) NATIVE AMERICAN HOUSING ASSISTANCE subtitle C of that Act’’. Assistance and Bill of Rights Act’’ and in- AND SELF-DETERMINATION ACT OF 1996.—Sec- (7) UNITED STATES HOUSING ACT OF 1937.— serting ‘‘section 105 of the Developmental tion 4(17)(C) of the Native American Housing Section 3(b)(3)(E)(iii) of the United States Disabilities Assistance and Bill of Rights Act Assistance and Self-Determination Act of Housing Act of 1937 (42 U.S.C. of 2000’’. 1996 (25 U.S.C. 4103(17)(C)) is amended by 1437a(b)(3)(E)(iii)) is amended by striking TEWART B. MCKINNEY HOMELESS AS- striking ‘‘as defined in’’ and all that follows ‘‘developmental disability’’ and all that fol- (14) S and inserting ‘‘as defined in section 102 of lows and inserting ‘‘developmental disability SISTANCE ACT.—Section 422(2)(C) of the Stew- the Developmental Disabilities Assistance as defined in section 102 of the Develop- art B. McKinney Homeless Assistance Act (42 and Bill of Rights Act of 2000.’’. mental Disabilities Assistance and Bill of U.S.C. 11382(2)(C)) is amended by striking ‘‘as (3) REHABILITATION ACT OF 1973.— Rights Act of 2000.’’. defined’’ and all that follows and inserting ‘‘as defined in section 102 of the Develop- (A) Section 105(c)(6) of the Rehabilitation (8) HOUSING ACT OF 1949.—The third sentence Act of 1973 (29 U.S.C. 725(c)(6)) is amended by of section 501(b)(3) of the Housing Act of 1949 mental Disabilities Assistance and Bill of striking ‘‘the State Developmental Disabil- (42 U.S.C. 1471(b)(3)) is amended by striking Rights Act of 2000, or’’. ities Council described in section 124 of the ‘‘developmental disability’’ and all that fol- (15) ASSISTED SUICIDE FUNDING RESTRICTION Developmental Disabilities Assistance and lows and inserting ‘‘developmental disability ACT OF 1997.— Bill of Rights Act (42 U.S.C. 6024)’’ and in- as defined in section 102 of the Develop- (A) Section 4 of the Assisted Suicide Fund- serting ‘‘the State Council on Developmental mental Disabilities Assistance and Bill of ing Restriction Act of 1997 (42 U.S.C. 14403) is Disabilities established under section 125 of Rights Act of 2000.’’. amended— the Developmental Disabilities Assistance (9) OLDER AMERICANS ACT OF 1965.— (i) by striking the section heading and in- and Bill of Rights Act of 2000’’. (A) Section 203(b)(17) of the Older Ameri- serting the following: (B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) cans Act of 1965 (42 U.S.C. 3013(b)(17)) is ‘‘SEC. 4. RESTRICTION ON USE OF FEDERAL of the Rehabilitation Act of 1973 (29 U.S.C. amended by striking ‘‘Developmental Dis- FUNDS UNDER CERTAIN GRANT 762(h)(2)(D)(iii), 781(a)(5)(A)) are amended by abilities and Bill of Rights Act’’ and insert- PROGRAMS.’’; striking ‘‘Developmental Disabilities Assist- ing ‘‘Developmental Disabilities Assistance and ance and Bill of Rights Act (42 U.S.C. 6000 et and Bill of Rights Act of 2000’’. (ii) by striking ‘‘part B, D, or E of the De- seq.)’’ and inserting ‘‘Developmental Disabil- (B) Section 427(a) of the Older Americans velopmental Disabilities Assistance and Bill ities Assistance and Bill of Rights Act of Act of 1965 (42 U.S.C. 3035f(a)) is amended by of Rights Act’’ and inserting ‘‘subtitle B, D, 2000’’. striking ‘‘part A of the Developmental Dis- or E of the Developmental Disabilities As- (C) Subsections (a)(1)(B)(i), (f)(2), and abilities Assistance and Bill of Rights Act (42 sistance and Bill of Rights Act of 2000’’. (m)(1) of section 509 of the Rehabilitation U.S.C. 6001 et seq.)’’ and inserting ‘‘subtitle C (B) Section 5(b)(1) of the Assisted Suicide Act of 1973 (29 U.S.C. 794e) are amended by of the Developmental Disabilities Assistance Funding Restriction Act of 1997 (42 U.S.C. striking ‘‘part C of the Developmental Dis- and Bill of Rights Act of 2000’’. 14404(b)(1)) is amended by striking subpara- abilities Assistance and Bill of Rights Act (42 (C) Section 429F(a)(1) of the Older Ameri- graph (A) and inserting the following: U.S.C. 6041 et seq.)’’ and inserting ‘‘subtitle C cans Act of 1965 (42 U.S.C. 3035n(a)(1)) is ‘‘(A) PROTECTION AND ADVOCACY SYSTEMS of the Developmental Disabilities Assistance amended by striking ‘‘section 102(5) of the UNDER THE DEVELOPMENTAL DISABILITIES AS- and Bill of Rights Act of 2000’’. Developmental Disabilities Assistance and SISTANCE AND BILL OF RIGHTS ACT OF 2000.— (D) Section 509(f)(5)(B) of the Rehabilita- Bill of Rights Act (42 U.S.C. 6001(5))’’ and in- Subtitle C of the Developmental Disabilities tion Act of 1973 (29 U.S.C. 794e(f)(5)(B)) is serting ‘‘section 102 of the Developmental Assistance and Bill of Rights Act of 2000.’’. amended by striking ‘‘Developmental Dis- Disabilities Assistance and Bill of Rights Act The SPEAKER pro tempore. Pursu- abilities Assistance and Bill of Rights Act (42 of 2000’’. ant to the rule, the gentleman from U.S.C. 6000 et seq.)’’ and inserting ‘‘Develop- (D) Section 712(h)(6)(A) of the Older Ameri- New York (Mr. LAZIO) and the gen- mental Disabilities Assistance and Bill of cans Act of 1965 (42 U.S.C. 3058g(h)(6)(A)) is tleman from Ohio (Mr. BROWN) each Rights Act of 2000’’. amended by striking ‘‘part A of the Develop- will control 20 minutes. (4) ASSISTIVE TECHNOLOGY ACT OF 1998.— mental Disabilities Assistance and Bill of (A) Section 3(a)(11)(A) of the Assistive Rights Act (42 U.S.C. 6001 et seq.)’’ and in- The Chair recognizes the gentleman Technology Act of 1998 (29 U.S.C. serting ‘‘subtitle C of the Developmental from New York (Mr. LAZIO). 3002(a)(11)(A)) is amended by striking ‘‘part C Disabilities Assistance and Bill of Rights Act Mr. LAZIO. Mr. Speaker, I yield my- of the Developmental Disabilities Assistance of 2000’’. self such time as I may consume.

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00217 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.184 pfrm02 PsN: H25PT1 H6996 CONGRESSIONAL RECORD — HOUSE July 25, 2000 Mr. Speaker, I would like to begin by zens obtain the productivity that bene- H.R. 4920 sets new accountability thanking this House and, in particular, fits both them and us. And it does so in goals for the DDA programs by requir- the chairman, the gentleman from Vir- a way that is consistent with principles ing each program to set measurable ginia (Mr. BLILEY), the ranking mem- of responsibility and restraint that are outcomes from which performance ber, the gentleman from Michigan (Mr. at the core of our world view. evaluations can occur. DINGELL), and my colleague, the gen- This bill provides flexibility for b 0020 tleman from Maryland (Mr. HOYER), for States to fashion programs that re- their help in bringing this bill to the spond to local problems. It is pro-fam- This will allow compliance within floor on this very special day. ily, by supporting the ability of fami- the Department of Health and Human Mr. Speaker, today is the 10th anni- lies to rear and nurture their develop- Services with standards set by the Gov- versary of a landmark piece of civil mentally disabled children in their ernment Performance and Results Act. rights legislation, the Americans with very own home. It is fiscally respon- What I am disappointed to see miss- Disabilities Act. It is in that spirit sible, because most activities are im- ing from this bill is the Families of that I rise in support of the Develop- plemented at the State level, with only Children With Disabilities Support Act mental Disabilities Assistance and Bill an extremely small Federal agency to of 1999, a provision championed by my of Rights Act. This is good bipartisan provide general oversight of this pro- tireless colleague in the Senate, Mr. legislation. It is legislation that re- gram. It provides accountability for HARKIN of Iowa. This provision passed flects the spirit of enterprise and inge- measurable results in programs serving the Senate last November 1999 to noth- nuity that made America great. It is the disabled. ing. What this provision may have legislation that promotes self-suffi- Mr. Speaker, we more fortunate lacked in its size by comparison to the ciency, productivity, and community Americans will be judged on how we entire bill was more than made up by integration for those who suffer from care for the less fortunate among us. its critical importance to American developmental disabilities. Let us offer a hand up to some of those families. This program provides basic State who need it the very most. Let us reau- The Family Support Program ex- funding for local developmental dis- thorize this program, and let us pass tends funds to the States to establish ability councils. It provides State this bill. and improve services for families elect- grants for advocacy and protection. It Mr. Speaker, I reserve the balance of ing to keep a relative with a develop- funds university-affiliated programs my time. mental disability at home. This and programs of national significance, Mr. BROWN of Ohio. Mr. Speaker, I profamily program is necessitated by all of which are vital to the services yield myself such time as I may con- progress. Medical advances have both needed for the disabled. sume. improved the health and lengthened Mr. Speaker, those Americans who Mr. Speaker, perhaps the two most the lives of individuals with develop- suffer from disabilities are no different important bills that were to be consid- mental disabilities, placing new bur- from the rest of us. They have ambi- ered on the July 25 calendar have gone dens on aging parents and existing re- tions and goals and dreams and desires. into July 26. We have the opportunity sources. They are people like Fred Klemm from today, thanks to poor planning and bad Yet, the bill we are voting on this Hauppauge, Long Island, who has a priorities in this Congress, to celebrate morning is marred by the absence of wife and two children. He was a dietary the 10th anniversary of the legislation this provision due to procedural tactics assistant, looking forward to going the gentleman from Maryland (Mr. being used by members of the Com- back to school, when disaster struck. HOYER) worked so effectively on and mittee on Education and the Work- Fred was found in the Atlantic Ocean was, 10 years ago, signed into law, on force. at Smith Point County Park in Long July 26 of 1990. So congratulations to As we gather in this Chamber on the Island after an accident on his jet ski. the gentleman from Maryland (Mr. 10th anniversary of the ADA, the After four and a half months in the HOYER) for his work, as well as to those Americans with Disabilities Act, our hospital, Fred was transported to a Members of this Congress that were collective celebration of the freedom rehab center to begin his recovery. there then and helped pass this legisla- and progress its fostered for so many Fred now lives in an assisted living tion. Americans and their families is tem- apartment, and is being helped to re- Mr. Speaker, I rise in support of 4920, pered and diminished without this very learn skills he will need to one day be the Developmental Disabilities Assist- important, crucial provision. Not able to live again independently. Mr. ance and Bill of Rights Act of 2000. I standing behind the families of individ- Speaker, Fred’s rehabilitation is being would like to congratulate both the uals with developmental disabilities conducted by the Long Island Head In- gentleman from Maryland (Mr. HOYER) will eventually affect every component jury Association. That is an inde- and the gentleman from Ohio (Mr. of the developmental disabilities com- pendent not-for-profit group that re- STRICKLAND), my colleague, for their munity infrastructure. ceives disability act funding through long-standing commitment to the 4.5 While I am pleased to support this one of the four programs reauthorized million Americans with developmental important legislation to sustain the by this act, the basic States grants for disabilities. great strides made by Americans with developmental disability councils. The Developmental Disabilities Act developmental disabilities, I remain Last year this Chamber lead the fight has provided the basis for America’s committed, Mr. Speaker, to working in to improve the lives of disabled Ameri- disability policy since 1963. The pro- conference to restore the families sup- cans when we passed the Work Incen- grams addressed in this bill, Mr. port protections title to the final bill. tives Act. This allowed disabled Ameri- Speaker, provide more than a safety Mr. Speaker, I reserve the balance of cans to become taxpayers, to go back net for Americans with developmental my time. to the workforce with the peace of disabilities and their families. They Mr. LAZIO. Mr. Speaker, I yield my- mind and security to know that their are the catalysts that enable these in- self such time as I may consume. health care was traveling with them. dividuals to seek independence in their Mr. Speaker, the gentleman from This new law removes an enormous ob- education, in their lives, and in their Ohio (Mr. BROWN) has raised a point stacle in the path of disabled Ameri- work. about title 2, and I have to share his cans who want to lead a life of self-suf- The legislation before us this morn- opinion that it is unfortunate that we ficiency. Yet our task to help the dis- ing reauthorizes funding for State do not have title 2, but as the gen- abled is not nearly complete. Disabled councils for disabilities, protection and tleman well knows, it was the only way Americans need special services and advocacy systems, and university cen- to get this bill on the floor today to support that will aid them in their ters for excellence in developmental move this and we are going to be re- quest to gain the pride that comes with disabilities in education and research addressing this issue. work and independence. and service. These programs continue I strongly support grants to States to Since 1963, Mr. Speaker, the Develop- to work with the States to broaden the provide family support programs. It is mental Disabilities Assistance Act has scope of services and protection on an much more cost effective. As the gen- helped America’s most vulnerable citi- as-needed basis. tleman knows, it is better on the whole

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00218 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.305 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6997 to an individual with developmental very loudly, clearly and powerfully was ities become integrated and included in disability to reside in their own home. that what we need to do in America is their communities. And while the bill does not provide look at people’s ability, not their dis- It seeks to foster true independence for such grants, I would say it is unfor- ability. for those with developmental disabil- tunate, but not a core issue to the bill. Mr. Speaker, we need to look at what ities, and it provides support to protect And I want to commit to this House people can do, what they can con- them from abuse and neglect, some- and to the gentleman from Ohio (Mr. tribute to a better America, and to a thing clearly that all of us would want. BROWN) that I will fight diligently for better life for themself. And what we This has been a long and arduous such programs in the ensuing con- said was as it is wrong in America to road for the act. The Senate worked ference committee. But, again, it was discriminate against people because of tirelessly with the disability commu- the only way for us to be able to ad- their race or their religion or national nity on this bill to ensure that all dress this bill at this time, and I phys- origin, it is also wrong to discriminate voices were heard. They were, and as a ically expect to have this included by against Americans based upon a dis- result, the Senate passed its version the time we get a conference report ability that we needed to look in a with title 2 included, 99 to zero. back from the House. nondiscriminatorily way at what could b 0030 The second thing I would note, dur- be done by individuals, what contribu- ing negotiations on this bill, we have tion they could make in employment, The version of the act that we are heard from the voice of the retarded. in education, in transportation, in considering tonight is somewhat dif- They are concerned that this bill will communication, in public accommoda- ferent, as has been referenced. The act in some way lead to the profoundly re- tions, in every area of our society. that my colleague from New York (Mr. tarded being denied their choice of res- That bill, as we look at its perform- LAZIO) and myself introduced yester- idential facility. As somebody who has ance 10 years hence, has been a success. day, along with the support of the gen- worked very hard for housing for the It has not been a total success. There tleman from Virginia (Mr. BLILEY), the disabled, I have to tell my colleagues still is a long way to go. Tony Coehlo, gentleman from Michigan (Mr. DIN- this is of acute interest to me. who was the principal sponsor before GELL), the gentleman from Florida (Mr. Mr. Speaker, I would like the RECORD he left, and I really took over his re- BILIRAKIS) and the gentleman from to reflect that it is in no way the in- sponsibility. When he left in 1989, Tony Ohio (Mr. BROWN) included three titles. tent of this Member or this body to fa- Coehlo made the point today that we Unfortunately, this one includes only cilitate or thwart any State trends re- had come a long way, but we still had two. lating to the closure of institutions. I a long way to go. While I rise in strong support of this stand willing to work with the VOR in Another hero of the Americans with bill, I would also like to reinforce my the implementation of this act. Disabilities Act, Justin Dart. I am sure commitment to the segment of this bill Mr. Speaker, I reserve the balance of that many of my colleagues know Jus- that was struck by amendment. The my time. tin Dart was there today, wheelchair gentleman from New York (Mr. LAZIO) Mr. BROWN of Ohio. Mr. Speaker, I bound and constricted by physical dis- has already done so, and I look forward yield 9 minutes to the gentleman from ability, but with a spirit that is uncon- to working with him and the gen- Maryland (Mr. HOYER), one of the real strained by any physical disability, a tleman from Ohio (Mr. BROWN) in see- leaders in the House on this whole spirit that soars and impels all of us to ing passage of that title that is not in issue of the Americans with Disabil- understand the possibilities that life this bill at this point in time. ities Act, and he has continued that can present if one has the will to take Title II of the act would have author- leadership in the decade since. those possibilities. ized a funding to states for support of Mr. HOYER. Mr. Speaker, I thank Having said that, Mr. Speaker, I am families that have individuals with de- the gentleman from Ohio (Mr. BROWN), pleased to be here tonight to join the velopmental disabilities. That, unfor- my friend, the distinguished ranking gentleman from New York (Mr. LAZIO) tunately, was struck from the bill. I re- member of the subcommittee who does and the gentleman from Ohio (Mr. gret that we were unable to get agree- such an outstanding job on behalf of BROWN) and others in supporting the ment on including this section, which health of all Americans on this sub- passage of the Developmental Disabil- is in the jurisdiction of the Committee committee. ities Act. on Education and Workforce. Hope- I am also pleased to join the gen- Mr. Speaker, that act is a corner- fully, hopefully, before we adjourn for tleman from New York (Mr. LAZIO) in stone of the disability policy and has the year, we will be able to pass a bill cosponsoring this particular piece of been in place since 1963, as has been that includes that section. legislation. Mr. Speaker, I had the pointed out, and was a forerunner of Obviously, it was a difficult decision great honor 111⁄2 years ago of getting the Americans with Disabilities Act, for many of us to drop this section, as involved with members of the dis- and in many ways was the genesis of funding to states for family support ability community and Members of that act. was and is an important provision in this House and, in particular, a Mem- It has not been substantially reau- this bill, but we did not want to risk ber of the Republican side of the aisle, thorized since 1994, and it is in need of losing the rest of the act as well. As Steve Bartlett from Texas, who worked some updating. Just as our technology my colleagues have already stated, we on the passage of the Americans with and science evolves everyday, so do the intend to work very hard to have fam- Disabilities Act. strategies for reaching, engaging, and ily support placed back into the Devel- It took us approximately 2 years or assisting individuals with develop- opmental Disabilities Act during con- perhaps a little longer from the initial mental disabilities. ference. introduction to its passage and to the Individuals with developmental dis- Mr. Speaker, I rise in strong support signing by President George Bush on abilities often have multiple evolving of this bill. It is especially appropriate July 26, 1990. Because of the length of lifelong needs, Mr. Speaker, that re- that we pass it today on the anniver- today’s session, we have moved from quire interaction with agencies and or- sary of the 10th year since passing and the eve of that signing to the day of ganizations that offer specialized as- signage of the Americans with Disabil- that signing. sistance, as well as interaction with ge- ities Act, an act which said to every Today is the 10th anniversary of the neric services in their communities. American, now 58 million of us who Americans with Disabilities Act. That The Developmental Disability Act have a disability of some type or an- act has properly been called I think the seeks to provide, as I said, a voice for other, said to those 58 million people most significant civil rights act passed those with disabilities as they nego- that the door of opportunity, the door since 1965. From 1965 to 1990, it was a tiate the complicated system of public to empowerment, is open to you. You long time, a quarter of a century in services policies and organizations that have to take the steps, or roll the which we saw a significant segment of we currently have in place. The act chair, or in some way get there, but we our population discriminated against seeks to provide families with the are going to make sure the door is open based upon their disability. What the knowledge and tools they need to help for you, and we are going to make sure Americans with Disabilities Act said individuals with developmental disabil- that we take reasonable steps, we call

VerDate 25-JUL-2000 06:45 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00219 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.307 pfrm02 PsN: H25PT1 H6998 CONGRESSIONAL RECORD — HOUSE July 25, 2000 them ‘‘reasonable accommodations,’’ studying to become a priest, he had his driv- develop their technological skills. In- that can be done within the framework er's license revoked, and his insurance com- formation and knowledge—rather than of reasonable expenses to make sure pany canceled his health coverage. brawn—are power and hold much prom- that the American dream is yours as Simply because he had a disability. ise for the disabled. Thus, we need to well, notwithstanding the fact that you Today, because of the ADA, that type of un- improve education, job training and re- may have a disability that some of the justified and indefensible discrimination is out- habilitation programs. rest of us do not have. lawed in AmericaÐas it should be. Additionally, we must address the Passage of this bill tonight is an- I also want to thank and commend an orga- criticisms and recommendations con- other statement of this Congress to a nization in my District that now serves more tained in a recent report by the Na- commitment for empowerment and in- than 2,000 people with developmental disabil- tional Council on Disability. That re- clusion of all Americans, irrespective ities. Melwood, a non-profit organization based port found that the impact of the ADA of some arbitrary and capricious dis- in Upper Marlboro, Maryland, has assisted the has been diminished by the lack of a tinction we might draw which might disabled for 35 years. Today, it is a national cohesive, pro-active enforcement strat- otherwise shut them out of enjoying model in the areas of training, employment, egy. One of the Council’s principal rec- the American dream. housing and recreation. ommendations is to direct the Depart- Mr. Speaker, I am pleased to have There's no doubt that the ADA has pro- ment of Justice to develop a strategic had this opportunity to cosponsor and moted progress. The signs are everywhereÐ vision and plan for ADA enforcement to speak in support of the passage of ramps, curb cuts, braille signs, captioned TV across federal agencies. this bill tonight. programs, and bus lifts. Finally, we can take a big step in re- Mr. Speaker, tonight we commemorate the So many disabled Americans have moved newing our commitment to disabled enactment of the most sweeping civil rights into the mainstream of American life, holding Americans by passing the Development legislation since the Civil Rights Act of 1964. down good paying jobs in a New Economy Disabilities Reauthorization Act this Ten years ago tomorrowÐon July 26, where information and knowledge are key. week before Congress breaks for its 1990ÐPresident Bush signed the historic But while we commemorate the ADA to- summer recess. This law is the corner- ``Americans With Disabilities Act'' into law. night, let's not kid ourselves: Tomorrow we stone of disability policy, paving the This bipartisan legislation prohibits discrimi- must roll up our sleeves and continue to build way for the ADA 10 years ago and pro- nation against more than 50 million disabled the house of opportunity and equality that we viding services, support, information AmericansÐin employment, in public services, began 10 years ago. and training for disabled Americans. While the unemployment rate in our country in transportation, in public accommodations These issues must be addressed if the hovers around 4 percent, unemployment and in services operated by private entities. ADA is going to fulfill its promise. The ADA sent an unmistakableÐand long among disabled Americans remains unaccept- So as we gather today to commemo- overdueÐmessage to all Americans: It is un- ably high. rate this historic law, let’s recognize Just last week, the National Organization on acceptable to discriminate against the dis- all that we’ve accomplished; let’s Disability released the findings from a Harris abledÐto relegate our brothers and sisters to renew our commitment to the prin- Survey of Americans with and without disabil- the sideline of our societyÐsimply because ciples and spirit of the ADA; and let’s ities, and those findings demonstrate how they are disabled. realize that our work is not done. much work we have left to do. The ADA allowed us to tear down the It is unacceptable and, under the ADA, it is Only 32 percent of disabled people of work- wall of exclusion and pour a strong illegal. ing age work full or part time compared to 81 foundation for the House of Equality. The disabled belong to the American family, percent of non-disabled Americans; and must share in all we have to offer: equal- More than two-thirds (67 percent) of the dis- But that House—in which Americans ity of opportunity, full participation, inde- abled who are not employed say they would are judged by their ability and not pendent living and economic self-sufficiency. prefer to work; and their disability—is still being built. I will never forget the President's words on People with disabilities are nearly three The promise remains unfulfilled, but July 26, 1990Ðnor the setting. times as likely as those without disabilities to still is within reach. Let’s not rest More than 2,000 advocates for the dis- live in households with total incomes of until we complete what we began 10 abledÐsome in wheelchairs, some with inter- $15,000 or less. years ago. preters, some with seeing-eye dogsÐjoined The Harris Survey also found that Mr. LANTOS. Mr. Speaker, ten years the President, Members of Congress and oth- large gaps exist between people with ago this month the Congress adopted ers in the hot summer sun on the South Lawn and without disabilities with regard to the Americans with Disabilities Act of the White House. education, access to transportation, (ADA). I am honored to have been a Some worried that the heat would cause the health care, socializing, attendance at Member of the Congress at that time disabled too many medical problems. But the religious services, political participa- and to have enthusiastically supported disabledÐwho have suffered so many indig- tion, and life satisfaction. the adoption of that legislation. nities, so many unjustified acts of discrimina- Many of these measures, of course, As you know, Mr. Speaker, the ADA tion over the yearsÐinsisted on a major out- are directly linked to employment. We is an historic civil rights law that door ceremony. know that a good job is the key to opened the doors to mainstream life for And they deserved it. independence and self-sufficiency. millions of Americans with disabilities. Mr. Speaker, as the lead sponsor of the Thus, I believe we should implement The ADA has been a great success in ADA in this House, that day stands out as one nothing short of a comprehensive na- helping the disabled enter the work of my proudestÐespecially when President tional strategy to address this unem- force, and it has helped changed the at- Bush told those gathered: ployment crisis and continued cycle of titudes of Americans towards the dis- ``Every man, woman and child with a dis- dependency. abled. ability can now pass through once-closed First, we must continue to make sure While there is still work left to be doors into a bright new era of equality, inde- that government programs empower done to accomplish the goals we estab- pendence and freedom. Let the shameful wall citizens and encourage them to seek lished in the Americans with Disabil- of exclusion finally come tumbling down.'' employment in the private sector. For ities Act, on the tenth anniversary of I would be remiss tonight if I did not mention example, the Ticket to Work and Work the passage of that law I would like to the tireless efforts of our former colleague in Incentive Act, which extends Medicare acknowledge the importance of this this House and my dear friend, Tony Coelho, coverage for disabled recipients who legislation and its implementation in on behalf of the disabled and the ADA. work, did just that. For too many, the changing attitudes towards the dis- As many of you know, Tony now chairs the fear of losing health insurance has abled over the past decade. Partly as a President's Committee on Employment of proved to be a deterrent to work. result of the ADA, we now live in a so- People with Disabilities. You also may know We also must redouble our commit- ciety that has become more open-mind- that he has epilepsy. ment to the public-private partnerships ed and accepting of people with disabil- However, you may not be aware of the dis- created during the last 10 years to ex- ities. crimination he has overcome. When Tony's pand employment opportunities. This change in attitudes has been epilepsy was discovered some years ago, he Further, in the New Economy, we greatest in the employment of persons was expelled from the seminary where he was must encourage disabled Americans to with disabilities, where it was feared

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00220 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JY7.309 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H6999 by many that inclusion would be too colleagues and all Americans to join in recom- Anniversary of IDEA, and the great progress costly. As a result of the ADA, busi- mitting ourselves to the goals of equality of made since the enactment of these two monu- nesses are employing more disabled opportunity, full participation, independent liv- mental pieces of legislation. Americans than ever before, and em- ing and economic self-sufficiency for all peo- Mr. BROWN of Ohio. Mr. Speaker, I ployers have fund that the costs of ac- ples with disabilities as specified in the Ameri- have no further requests for time, and commodating the disabled are small, cans with Disabilities Act and the Individuals I yield back the balance of my time. while the gains have been great. These with Disabilities Education Act. This requires Mr. LAZIO. Mr. Speaker, I have no changes are a clear signal that the us to assure adequate funding for monitoring, further requests for time, and I yield ADA has helped secure for the disabled oversight and enforcement of these laws. back the balance of my time. one of the most fundamental rights we Our Nation needs to harness the potential of The SPEAKER pro tempore (Mr. as citizens in a democracy cherish: the all its citizens so that our economy can con- TANCREDO). The question is on the mo- right to pursue a career and earn a liv- tinue to grow, our labor force can face the tion offered by the gentleman from ing wage. challenges on the horizon, and we can con- New York (Mr. LAZIO) that the House Mr. Speaker, before the adoption of the tinue to be a model of diversity and inclusion suspend the rules and pass the bill, ADA, disabled workers were considered to be for the world. We cannot allow an individual's H.R. 4920, as amended. more expensive than what they could offer be- disability to limit a person's ability to make The question was taken; and (two- cause accommodating them was considered choices, pursue meaningful careers or partici- thirds having voted in favor thereof) to be too costly by employers. Since the pate fully in all aspects of American life. the rules were suspended and the bill, Americans with Disabilities Act has passed, Mr. THOMPSON of California. Mr. Speaker, as amended, was passed. however, this attitude has changed. Research today I recognize the outstanding achieve- A motion to reconsider was laid on has shown a majority of people making hiring ments accomplished since the inception of the the table. decisionsÐtop executives and managersÐ Americans with Disabilities Act (ADA) and the f now realize that hiring the disabled is good for Individuals with Disabilities Education Act the bottom line. The passage and implementa- (IDEA). Tomorrow, July 26, 2000, marks the GENERAL LEAVE tion of the ADA has helped employers and 10th anniversary of ADA and the 25th anniver- employees realize that the disabled have sary of IDEA. Mr. LAZIO. Mr. Speaker, I ask unani- much to offer in terms of creating economic I also urge public leaders across this nation, mous consent that all Members may wealth for our nation. Mr. Speaker, to join me and take this oppor- have 5 legislative days within which to On this 10th Anniversary of the adoption tunity to publicly dedicate themselves to the revise and extend their remarks and in- Americans with Disabilities Act, we can also ideas and principles that inform ADA and clude extraneous material on H.R. 4920. celebrate the success in changing popular atti- IDEA. The SPEAKER pro tempore. Is there tudes toward the disabled. Now millions of These two historic civil rights laws have pro- objection to the request of the gen- Americans function side-by-side with disabled vided 54 million individuals with disabilities the tleman from New York? coworkers. They now know first hand that dis- opportunity to learn, work and be fully inte- There was no objection. abilities are not an obstacle to making a con- grated members of our society. Today, mil- f tribution in the workplace and in society gen- lions of children are receiving free education erally. due to IDEA and millions of adults have their ADJOURNMENT However, even with these successes, there basic rights protected under ADA. Mr. LAZIO. Mr. Speaker, I move that is still important work to be done. Despite the ADA is one of the most sweeping civil rights the House do now adjourn. increase in the number of disabled in the laws providing nondiscrimination protection for The motion was agreed to; accord- workforce, currently there is still a high level of individuals with disabilities. Protections include ingly (at 12 o’clock and 34 minutes unemployment among the disabled. rights in all aspects of employment, transpor- a.m.), the House adjourned until today, Compounding the problem, under current law, tation services, building accessibility and com- Wednesday, July 26, 2000, at 10 a.m. if people with disabilities work and earn over munication capabilities. TTY devices alone $500 per month, they lose cash payments and have revolutionized the way individuals with f health care coverage under Medicaid or Medi- hearing impairment communicate. EXECUTIVE COMMUNICATIONS, care. We need to find solutions that do not pe- To recognize the 10th Anniversary of ADA, ETC. nalize the disabled for becoming self-sufficient. a ``Spirit of ADA Campaign'' has been created These problems are among many difficulties by the American Association of People with Under clause 8 of rule XII, executive we need to continue to work on in our fight to Disabilities, highlighted by a cross-country communications were taken from the achieve the goals of the ADA. Torch Relay. This event kicked off in Houston, Speaker’s table and referred as follows: Mr. Speaker, a recent study released by the Texas on February 24th of this year, and will 9298. A letter from the Small Business Ad- National Organization on Disability reveals continue through the beginning of November. vocacy Chair, Environmental Protection persistent gaps in levels of participation be- The Campaign and many other dedicated Agency, transmitting the Agency’s final tween people with disabilities and other Ameri- advocacy groups continue to bring attention to rule—Fenbuconazole; Extension of Toler- cans in employment, income, education, so- the achievements and contributions of dis- ances for Emergency Exemptions [OPP– cializing, religious and political participation, abled children and adults. They are committed 301021; FRL–6596–6] (RIN: 2070–AB) received July 20, 2000, pursuant to 5 U.S.C. and access to healthcare and transportation. to strengthening relationships and coalitions 801(a)(1)(A); to the Committee on Agri- The study revealed that while those with dis- between disabled people and their commu- culture. abilities continue to lag other Americans gen- nities, and to reinforcing support for ADA and 9299. A letter from the Under Secretary, erally, we have made encouraging progress in IDEA's goals by renewing America's commit- Acquisition and Technology, Department of many areasÐespecially among younger peo- ments to both. By reaching out to children, Defense, transmitting the Department’s an- ple with disabilities and among those with less adults, and communities as a whole, these or- nual report on the Defense Environmental severe disabilities. We must do much more to ganizations connect and involve countless Quality Program for Fiscal Year 1999, pursu- unleash the talents and abilities of all our citi- Americans living with disabilities. ant to 10 U.S.C. 2706(b)(1); to the Committee on Armed Services. zens with disabilities who want to work and to Mr. Speaker, this remarkable anniversary 9300. A letter from the Principal Deputy participate and contribute to the richness of provides our colleagues and other public offi- Under Secretary, Policy, Department of De- our nation. Large numbers of people with dis- cials the opportunity to rededicate ourselves to fense, transmitting the Cooperative Threat abilities report conditions have improved and the principles and goals of ADA and IDEA. In Reduction Multi-Year Program Plan Fiscal this reflects the efforts by the disability com- my congressional district, Community Re- Year 2000, pursuant to Public Law 103—337, munity, employers, and community leaders, as sources for Independence of Napa and section 1314(a) (108 Stat. 2895); to the Com- well as advances in technology and greater Sonoma counties are hosting an open house mittee on Armed Services. access as a result of the enactment of the where special presentations will be made and 9301. A letter from the Secretary of De- fense, transmitting the Annual Report of the ADA. local elected officials will be signing a petition Reserve Forces Policy Board for Fiscal Year Mr. Speaker, as we mark the 10th anniver- rededicating themselves to the ideals of ADA 1999, pursuant to 10 U.S.C. 113 (c) and (e); to sary of the Americans with Disabilities Act and and IDEA. It is appropriate and proper for pub- the Committee on Armed Services. the 25th anniversary of the Individuals with lic officials to follow this example and recog- 9302. A letter from the Assistant Secretary, Disabilities Education Act (IDEA) I urge my nize the 10th Anniversary of ADA and the 25th Health Affairs, Department of Defense,

VerDate 25-JUL-2000 06:45 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00221 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.193 pfrm02 PsN: H25PT1 H7000 CONGRESSIONAL RECORD — HOUSE July 25, 2000 transmitting a interim summary report of 31 U.S.C. 3121 nt.; to the Committee on Com- Agency, transmitting the Agency’s final activities to date to outline plans for com- merce. rule—National Priorities List for Uncon- pleting the final report as required by the 9314. A letter from the Assistant General trolled Hazardous Waste Sites [FRL–6841–3] FY98 Emergency Supplemental Appropria- Counsel for Regulatory Law, Office of En- received July 21, 2000, pursuant to 5 U.S.C. tions Act; to the Committee on Armed Serv- ergy Efficiency & Renewable Energy, Depart- 801(a)(1)(A); to the Committee on Commerce. ices. ment of Energy, transmitting the Depart- 9324. A letter from the Small Business Ad- 9303. A letter from the Under Secretary, ment’s final rule—Energy Savings Perform- vocacy Chair, Environmental Protection Acquisition and Technology, Department of ance Contracting; Technical Amendments Agency, transmitting the Agency’s final Defense, transmitting an update on the pilot (RIN: 1904–AB07) received July 19, 2000, pur- rule—Revisions to the California State Im- program for revitalization of Department of suant to 5 U.S.C. 801(a)(1)(A); to the Com- plementation Plan, South Coast Air Quality Defense laborities; to the Committee on mittee on Commerce. Management District and the Kern County Armed Services. 9315. A letter from the Assistant General Air Pollution Control District [CA 105–0242; 9304. A letter from the Secretary of De- Counsel for Regulatory Law Office of Energy FRL–6733–6] received July 20, 2000, pursuant fense, transmitting the approved retirement Efficiency and Renewable Energy, Depart- to 5 U.S.C. 801(a)(1)(A); to the Committee on and advancement to the grade of admiral on ment of Energy, transmitting the Depart- Commerce. the retired list of Admiral Jay L. JOHNSON; ment’s final rule—Electric and Hybrid Vehi- 9325. A letter from the Small Business Ad- to the Committee on Armed Services. cle Research, Development, and Demonstra- vocacy Chair, Environmental Protection 9305. A letter from the Secretary of De- tion Program; Petroleum-Equivalent Fuel Agency, transmitting the Agency’s final fense, transmitting a report entitled, ‘‘Joint Economy Calculation [Docket No. EE-RM– rule—New Stationary Sources; Supplemental Demilitarization Technology Program’’; to 99–PEF] (RIN 1904–AA40) received June 15, Delegation of Authority to the States of Ala- the Committee on Armed Services. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the bama, Florida, Georgia and Tennessee and to 9306. A letter from the General Counsel, Committee on Commerce. Nashville-Davidson County, Tennessee National Credit Union Administration, 9316. A letter from the Deputy Assistant [FRL–6728–9] received July 20, 2000, pursuant transmitting the Administration’s final Administrator, Office of Diversion Control, to 5 U.S.C. 801(a)(1)(A); to the Committee on rule—Prompt Corrective Action; Risk-Based Department of Justice, transmitting the De- Commerce. Net Worth Requirement—received July 20, partment’s final rule—Facsimile Trans- 9326. A letter from the Small Business Ad- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the mission of Prescriptions for Patients En- vocacy Chair, Environmental Protection Committee on Banking and Financial Serv- rolled in Hospice Programs [DEA–1901] (RIN: Agency, transmitting the Agency’s final ices. 1117–AA54) received July 21, 2000, pursuant to rule—Final Authorization of State Haz- 9307. A letter from the Office of Postsec- 5 U.S.C. 801(a)(1)(A); to the Committee on ardous Waste Management Program Revi- ondary Education, Department of Education, Commerce. sion [FRL–6840–7] received July 20, 2000, pur- transmitting Final Regulations——Student 9317. A letter from the Small Business Ad- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Assistance General Provisions, Federal Fam- vocacy Chair, Enviromental Protection mittee on Commerce. 9327. A letter from the Small Business Ad- ily Education Loan Program, William D. Agency, transmitting the Agency’s final vocacy Chair, Environmental Protection Ford Federal Direct Loan Program, and rule—Approval and Promulgation of Air Agency, transmitting the Agency’s final State Incentive Grant Program, pursuant to Quality Implementation Plans; Maryland; rule—Approval and Promulgation of Imple- 20 U.S.C. 1232(f); to the Committee on Edu- Approval of Revisions to COMAR 26.11.12 mentation Plans; Texas; Revisions to Emer- cation and the Workforce. Control of Batch Type Hot-Dip Galvanizing gency Episode Plan Regulations [TX–125–1– 9308. A letter from the Assistant Secretary Installations [MD042–3051; FRL–6838–3] re- 7463a; FRL–6840–3] received July 20, 2000, pur- for Elementary and Secondary Education, ceived July 20, 2000, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Education, transmitting the 801(a)(1)(A); to the Committee on Commerce. Department’s final rule— Safe and Drug- mittee on Commerce. 9318. A letter from the Small Business Ad- 9328. A letter from the Director, Office of Free Schools and Communities National vocacy Chair, Environmental Protection Congressional Affairs, Nuclear Regulatory Programs-Federal Activities Grants Pro- Agency, transmitting the Agency’s final Commission, transmitting the Agency’s final gram-The Challenge Newsletter—received rule—New Stationary Sources; Supplemental rule—Antitrust Review Authority: Clarifica- June 7, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); Delegation of Authority to the State of tion (RIN:3150–AG38) received July 19, 2000, to the Committee on Education and the North Carloina [NC-AT–2000–01; FRL–6728–8] pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Workforce. received July 20, 2000, pursuant to 5 U.S.C. mittee on Commerce. 9309. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Commerce. 9329. A letter from the Secretary of En- for Elementary and Secondary Education, 9319. A letter from the Small Business Ad- ergy, transmitting the Strategic Petroleum Department of Education, transmitting the vocacy Chair, Environmental Protection Reserve Plan (the Plan) Amendment No. 6— Department’s final rule— Office of Elemen- Agency, transmitting the Agency’s final Regional Distillate Reserve in the Northeast; tary and Secondary Education-—Safe and rule—Approval and Promulgation of Air to the Committee on Commerce. Drug-Free Schools and Communities Na- Quality Implementation Plans; Common- 9330. A letter from the Assistant Secretary tional Programs-—Federal Activities-— wealth of Pennsylvania; Approval of Revi- for Legislative Affairs, Department of State, Grant Competetion to Prevent High-Risk sions to Volatile Organic Compounds Regula- transmitting notification of the termination Drinking and Violent Behavior Among Col- tions [PA158–4103a; FRL–6735–7] received of the designation as a danger pay location lege Students— received June 7, 2000, pursu- July, 20, 2000, pursuant to 5 U.S.C. for Eritrea, pursuant to 5 U.S.C. 5928; to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Commerce. Committee on International Relations. on Education and the Workforce. 9320. A letter from the Small Business Ad- 9331. A letter from the Assistant Secretary 9310. A letter from the Office of Elemen- vocacy Chair, Environmental Protection for Legislative Affairs, Department of State, tary and Secondary Education, Department Agency, transmitting the Agency’s final transmitting the Department’s final rule— of Education, transmitting the Department’s rule—Approval and Promulgation of State Amendments to the International Traffic in final rule—School Improvement Programs Implementation Plans; California——Santa Arms Regulation: NATO Countries, Aus- Native Hawaiian Curriculum Development, Barbara [CA–225–0230; FRL–6731–4] received tralia and Japan—received July 18, 2000, pur- Teacher Training and Recruitment Pro- July 20, 2000, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Com- gram—received June 28, 2000, pursuant to 5 801(a)(1)(A); to the Committee on Commerce. mittee on International Relations. U.S.C. 801(a)(1)(A); to the Committee on Edu- 9321. A letter from the Small Business Ad- 9332. A letter from the Assistant Secretary cation and the Workforce. vocacy Chair, Environmental Protection for Legislative Affairs, Department of State, 9311. A letter from the Assistant Secretary, Agency, transmitting the Agency’s final transmitting a report on ‘‘Overseas Surplus Elementary and Secondary Education, De- rule—Commonwealth of Virginia: Final Au- Property’’; to the Committee on Inter- partment of Education, transmitting the De- thorization of State Hazardous Waste Man- national Relations. partment’s final rule— Notice of Final Pri- agement Program Revision [FRL–6840–9] re- 9333. A letter from the Chairman, Council ority, Eligible Applicants, and Selection ceived July 20, 2000, pursuant to 5 U.S.C. of the District of Columbia, transmitting a Criteria— received June 7, 2000, pursuant to 801(a)(1)(A); to the Committee on Commerce. copy of a report entitled, ‘‘Certification Re- 5 U.S.C. 801(a)(1)(A); to the Committee on 9322. A letter from the Small Business Ad- view of the Washington Convention Center Education and the Workforce. vocacy Chair, Environmental Protection Authority’s Projected Revenues to meet Pro- 9312. A letter from the Chairperson, Na- Agency, transmitting the Agency’s final jected Operated and Debt Service Expendi- tional Commission on Libraries and Informa- rule—Approval and Promulgation of Imple- tures and Debt Service Expenditures and Re- tion Science, transmitting a report on the mentation Plans; California State Imple- serve Requirements for Fiscal Year 2001,’’ Commission’s activities, pursuant to 20 mentation Plan Revision, San Joaquin Val- pursuant to D.C. Code section 1—233(c)(1); to U.S.C. 1504; to the Committee on Education ley Unified Air Pollution Control District the Committee on Government Reform. and the Workforce. and South Coast Air Quality Management 9334. A letter from the Comptroller Gen- 9313. A letter from the Financial Assistant District [CA 013–0139; FRL 6729–8] received eral, General Accounting Office, transmit- Secretary, Department of the Treasury, July 20, 2000, pursuant to 5 U.S.C. ting the Month in Review: April 2000 Re- transmitting the annual report of material 801(a)(1)(A); to the Committee on Commerce. ports, Testimony, Correspondence, and Other violations or suspected material violations 9323. A letter from the Small Business Ad- Publications; to the Committee on Govern- of regulations of the Secretary, pursuant to vocacy Chair, Environmental Protection ment Reform.

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00222 Fmt 4634 Sfmt 0634 E:\CR\FM\L25JY7.000 pfrm02 PsN: H25PT1 July 25, 2000 CONGRESSIONAL RECORD — HOUSE H7001 9335. A letter from the Comptroller Gen- the Status of Splash and Spray Suppression make amendments to the Supplemental Se- eral, General Accounting Office, transmit- Technology for Large Trucks’’; to the Com- curity Income (SSI) program in support of ting the Month in Review: May 2000 Reports, mittee on Transportation and Infrastruc- the President’s fiscal year 2001 budget with Testimony, Correspondance, and Other Pub- ture. respect to the Social Security Administra- lications; to the Committee on Government 9346. A letter from the Small Business Ad- tion; jointly to the Committees on Ways and Reform. vocacy Chair, Environmental Protection Means, the Judiciary, Commerce, Veterans’ 9336. A letter from the Inspector General, Agency, transmitting the Agency’s final Affairs, and the Budget. Office of Personnel Management, transmit- rule—FY2001 Wetlands Program Develop- f ting the semiannual report on activities of ment Grants [FRL–6838–7] received July 20, the Inspector General for the period of Octo- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the REPORTS OF COMMITTEES ON ber 1, 1999, through March 31, 2000, and the Committee on Transportation and Infra- PUBLIC BILLS AND RESOLUTIONS Management Response for the same period, structure. Under clause 2 of rule XIII, reports of pursuant to 5 U.S.C. app. (Insp. Gen. Act) 9347. A letter from the Associate Adminis- section 5(b); to the Committee on Govern- trator for Procurement, National Aero- committees were delivered to the Clerk ment Reform. nautics and Space Administration, transmit- for printing and reference to the proper 9337. A letter from the Chairman, Postal ting the Administration’s final rule—Acqui- calendar, as follows: Rate Commission, transmitting 1999 Inter- sition Planning—received July 18, 2000, pur- Mr. TALENT: Committee on Small Busi- national Mail Volumes, Costs and Revenues; suant to 5 U.S.C. 801(a)(1)(A); to the Com- ness. H.R. 4464. A bill to amend the Small to the Committee on Government Reform. mittee on Science. Business Act to authorize the Administrator 9338. A letter from the Chief Operating Of- 9348. A letter from the Director, Office of of the Small Business Administration to ficer/President, Resolution Funding Corpora- Regulations Management, Department of make grants and to enter into cooperative tion, transmitting a copy of the Resolution Veterans transmitting the Department’s agreements to encourage the expansion of Funding Corporation’s Statement on Inter- final rule—Increase in Rates Payable Under business-to-business relationships and the nal Controls and the 1999 Audited Financial the Montgomery GI Bill—Active Duty (RIN: provision of certain information; with an Statements, pursuant to Public Law 101—73, 2900–AJ89) received July 19, 2000, pursuant to amendment (Rept. 106–784). Referred to the section 511(a) (103 Stat. 404); to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on Committee of the Whole House on the State mittee on Government Reform. Veterans’ Affairs. of the Union. 9339. A letter from the Acting Chair, Fed- 9349. A letter from the Administrator, Of- Mr. ISTOOK: Committee on Appropria- eral Subsistence Board, Department of the fice of Workforce Security, Department of tions. H.R. 4942. A bill making appropria- Interior, transmitting the Department’s Labor, transmitting the Department’s final tions for the government of the District of final rule— Subsistence Management Regu- rule—Unemployment Insurance Program Columbia and other activities chargeable in lations for Public Lands in Alaska, Subpart Letter 41–98, change 1–Application of the whole or in part against revenues of said Dis- C and Subpart D-—2000–2001 Subsistence Prevailing Conditions of Work Requirement- trict for the fiscal year ending September 30, Taking of Fish and Wildlife Regulations Questions and Answers—received July 20, 2001, and for other purposes (Rept. 106–786). [RIN: 1018–AF74; RIN: 1018–AG03] received 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Referred to the Committee of the Whole June 21, 2000, pursuant to 5 U.S.C. Committee on Ways and Means. House on the State of the Union. 801(a)(1)(A); to the Committee on Resources. 9350. A letter from the Regulations Officer, Mr. YOUNG of Alaska: Committee on Re- 9340. A letter from the Acting Director, Of- Social Security Administration, transmit- sources. H.R. 2462. A bill to amend the Or- fice of Sustainable Fisheries, National Ma- ting the Administration’s final rule—Rescis- ganic Act of Guam, and for other purposes; rine Fisheries Service, National Oceanic and sion of Social Security Acquiesance Ruling with an amendment (Rept. 106–787). Referred Atmospheric Administration, transmitting 93–2(2) and 87–4(8)—received July 6, 2000, pur- to the Committee of the Whole House on the the Administration’s final rule—Fisheries of suant to 5 U.S.C. 801(a)(1)(A); to the Com- State of the Union. the Exclusive Economic Zone Off Alaska; Pa- mittee on Ways and Means. Mr. BLILEY: Committee on Commerce. cific Ocean Perch in the Central Regulatory 9351. A letter from the Secretary of En- H.R. 4807. A bill to amend the Public Health Area of the Gulf of Alaska [Docket No. ergy, transmitting the Twelfth Annual Re- Service Act to revise and extend programs 000211039–0039–01; I.D. 071400B] received July port entitled, ‘‘Comprehensive Environ- established under the Ryan White Com- 23, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to mental Response, Compensation and Liabil- prehensive AIDS Resources Emergency Act the Committee on Resources. ity Act’’; jointly to the Committees on Com- of 1990, and for other purposes; with an 0. A letter from the transmitting ; to the merce and Transportation and Infrastruc- amendment (Rept. 106–788). Referred to the Committee on Resources. ture. Committee of the Whole House of the State 9341. A letter from the General Counsel, 9352. A letter from the Assistant Secretary of the Union. Department of the Treasury, transmitting a for Legislative Affairs, Department of State, Mr. ARCHER: Committee on Ways and draft bill entitled, the ‘‘Collateral Mod- transmitting Progress made toward opening Means. H.R. 4868. A bill to amend the Har- ernization Act of 2000’’; to the Committee on the United States Embassy in Jerusalem and monized Tariff Schedule of the United States the Judiciary. notification of Suspension of Limitations to modify temporarily certain rates of duty, 9342. A letter from the Director, Policy Di- Under the Jerusalem Embassy Act to make other technical amendments to the rectives and Instructions Branch, Depart- [Presidental Determination No. 2000–24], pur- trade laws, and for other purposes; with an ment of transmitting the Department’s final suant to Public Law 104—45, section 6 (109 amendment (Rept. 106–789). Referred to the rule—Delegation of the Adjudication of Cer- Stat. 400); jointly to the Committees on Committee of the Whole House on the State tain Temporary Agricultural Worker (H–2A) International Relations and Appropriations. of the Union. Petitions, Appellate and Revocation Author- 9353. A letter from the Administrator, U.S. Mr. LINDER: Committee on Rules. House ity for Those Petitions to the Secretary of Agency for International Development, Resolution 563. Resolution providing for con- Labor [INS No. 1946–98, AG Order No. 2313– transmitting the quarterly update of the re- sideration of the bill (H.R. 4942) making ap- 2000] (RIN:1115–AF29) received July 19, 2000, port required by Section 653(a) of the For- propriations for the government of the Dis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- eign Assistance Act of 1961, as amended, en- trict of Columbia and other activities mittee on the Judiciary. titled ‘‘Development Assistance and Child chargeable in whole or in part against the 9343. A letter from the Director, Policy Di- Surval/Diseases Program Allocations-FY revenues of said District for the fiscal year rectives and Instructions Branch, Depart- 2000’’; jointly to the Committees on Inter- ending September 30, 2001, and for other pur- ment of transmitting the Department’s final national Relations and Appropriations. poses (Rept. 106–790). Referred to the House rule— Implementation of Hernandez v. Reno 9354. A letter from the Assistant Secretary Calendar. Settlement Agreement; Certain Aliens Eligi- for Legislative Affairs, Department of State, Mr. YOUNG of Alaska: Committee on Re- ble for Family Unity Benefits After Spon- transmitting the Secretary’s ‘‘CERTIFI- sources. H.R. 2348. A bill to authorize the Bu- soring Family Member’s Naturalization; Ad- CATION TO THE CONGRESS: Regarding the reau of Reclamation to provide cost sharing ditional Class of Aliens Ineligible for Family Incidental Capture of Sea Turtles in Com- for the endangered fish recovery implemen- Unity Benefits [INS No. 1823–96] (RIN:1115– mercial Shrimping Operations,’’ pursuant to tation programs for the Upper Colorado and AE72) received July 19, 2000, pursuant to 5 Public Law 101—162, section 609(b)(2) (103 San Juan River Basins; with an amendment U.S.C. 801(a)(1)(A); to the Committee on the Sat. 1038); jointly to the Committees on Re- (Rept. 106–791). Referred to the Committee of Judiciary. sources and Appropriations. the Whole House on the State of the Union. 9344. A letter from the Assistant Attorney 9355. A letter from the Board Members, Mr. YOUNG of Alaska: Committee on Re- General, Office of Legislative Affairs, De- Railroad Retirement Board, transmitting a sources. H.R. 4320. A bill to assist in the con- partment of Justice, transmitting the 1999 copy of the 21st Actuarial Valuation of the servation of great apes by supporting and Annual Report of the Office of the Police Assets and Liabilities Under the Railroad providing financial resources for the con- Corps and Law Enforcement Education; to Retirement Acts, pursuant to 45 U.S.C. 231f— servation programs of countries within the the Committee on the Judiciary. 1; jointly to the Committees on Ways and range of great apes and projects of persons 9345. A letter from the Deputy Adminis- Means and Transportation and Infrastruc- with demonstrated expertise in the conserva- trator, National Highway Traffic Safety Ad- ture. tion of great apes; with and amendment ministration, Department of Transportation, 9356. A letter from the Commissioner of So- (Rept. 106–792). Referred to the Committee of transmitting a report entitled, ‘‘Update on cial Security, transmitting a draft bill to the Whole House on the State of the Union.

VerDate 25-JUL-2000 05:44 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00223 Fmt 4634 Sfmt 0634 E:\CR\FM\L25JY7.000 pfrm02 PsN: H25PT1 H7002 CONGRESSIONAL RECORD — HOUSE July 25, 2000 PUBLIC BILLS AND RESOLUTIONS Commerce, and in addition to the Committee H.R. 4958. A bill to amend the Internal Rev- on Ways and Means, for a period to be subse- Under clause 2 of rule XII, public enue Code of 1986 to allow a credit against quently determined by the Speaker, in each income tax for a portion of the cost of con- bills and resolutions were introduced case for consideration of such provisions as verting from the use of heating oil to natural and severally referred, as follows: fall within the jurisdiction of the committee gas or to a renewable energy source; to the By Mr. ISTOOK: concerned. Committee on Ways and Means. H.R. 4942. A bill making appropriations for By Mr. GREENWOOD (for himself, Mr. By Mr. THOMAS (for himself, Mr. JEF- the government of the District of Columbia DOOLEY of California, Mr. SHERWOOD, FERSON, and Mr. ENGLISH): and other activities chargeable in whole or Mr. BAKER, Mr. PETERSON of Min- H.R. 4959. A bill to amend the Internal Rev- in part against the revenues of said District nesota, Mr. ENGLISH, Mr. TOOMEY, enue Code of 1986 to modify the depreciation for the fiscal year ending September 30, 2001, Mr. HOBSON, Mr. TAUZIN, Mr. FOLEY, of property used in the generation of elec- and for other purposes. Mr. HOLDEN, Mr. PETERSON of Penn- tricity; to the Committee on Ways and By Mr. BARTLETT of Maryland: sylvania, Mr. BRYANt, Mr. BILBRAY, Means. H.R. 4943. A bill to amend the Small Busi- Mr. RAMSTAD, Mr. SHAYS, Mr. CAMP- By Mr. THOMPSON of California: ness Act to require that certain acquisitions BELL, and Mr. VITTER): H.R. 4960. A bill to extend the King Range of goods and services be from small business H.R. 4951. A bill to amend part C of title National Conservation Area boundary in the concerns and to authorize certain acquisi- XVIII to stabilize the MedicareChoice Pro- State of California to include the Mill Creek tions using a governmentwide commercial gram by improving the methodology for the Forest; to the Committee on Resources. purchase card, and for other purposes; to the calculation of MedicareChoice payment By Mr. HINCHEY: Committee on Small Business, and in addi- rates, and for other purposes; to the Com- H. Con. Res. 380. Concurrent resolution ex- tion to the Committee on Government Re- mittee on Ways and Means, and in addition pressing the sense of the Congress with re- form, for a period to be subsequently deter- to the Committee on Commerce, for a period spect to the relationship between eating dis- mined by the Speaker, in each case for con- to be subsequently determined by the Speak- orders in adolescents and young adults and sideration of such provisions as fall within er, in each case for consideration of such pro- certain practices of the advertising industry; visions as fall within the jurisdiction of the the jurisdiction of the committee concerned. to the Committee on Commerce. By Mr. MANZULLO: committee concerned. H.R. 4944. A bill to amend the Small Busi- By Mr. HINCHEY: f H.R. 4952. A bill to amend title XVIII of the ness Act to permit the sale of guaranteed ADDITIONAL SPONSORS loans make for export purposes before the Social Security Act to provide for coverage loans have been fully disbursed to borrowers; under part B of the Medicare Program of Under clause 7 of rule XII, sponsors to the Committee on Small Business. paramedic intercept services provided in sup- port of public, volunteer, or non-profit pro- were added to public bills and resolu- By Mr. TALENT (for himself, Ms. viders of ambulance services; to the Com- tions as follows: VELAZQUEZ, Mr. ENGLISH, Mrs. BONO, mittee on Commerce, and in addition to the H.R. 49: Mr. RUSH and Ms. DANNER. Mr. DAVIS of Illinois, Mr. SWEENEY, Committee on Ways and Means, for a period H.R. 266: Mrs. MALONEY of New York. Ms. MILLENDER-MCDONALD, Mrs. to be subsequently determined by the Speak- H.R. 284: Mr. SANDERS, Mr. ROHRABACHER, CHRISTENSEN, Ms. BERKLEY, and Mr. er, in each case for consideration of such pro- and Mr. MCGOVERN. WYNN): visions as fall within the jurisdiction of the EGETTE and Mr. COYNE. H.R. 4945. A bill to amend the Small Busi- H.R. 303: Ms. D committee concerned. H.R. 362: Ms. HOOLEY of Oregon. ness Act to strengthen existing protections By Mr. KIND (for himself, Mr. DEAL of H.R. 464: Mr. SOUDER. for small business participation in the Fed- Georgia, Mr. HOLDEN, Mr. BAKER, Mr. H.R. 531: Mr. COOKSEY. eral procurement contracting process, and GOODE, Mr. FROST, Mr. DELAHUNT, H.R. 534: Mr. BISHOP. for other purposes; to the Committee on Mr. BAIRD, Mr. HALL of Texas, Ms. H.R. 632: Mr. LAMPSON and Mr. KING. Small Business. BALDWIN, Mr. MCINTYRE, Mr. BOS- H.R. 804: Mrs. CHENOWETH-HAGE. By Mr. SWEENEY (for himself, Mr. WELL, Mr. TURNER, Mr. POMEROY, Ms. H.R. 864: Mr. MOLLOHAN. TALENT, Mr. ENGLISH, and Mr. HOOLEY of Oregon, Mr. MINGE, Mr. H.R. 914: Mr. TIERNEY. MCINTOSH): ETHERIDGE, Mr. UDALL of Colorado, H.R. 4946. A bill to amend the Small Busi- H.R. 922: Mr. MALONEY of Connecticut and Mr. UDALL of New Mexico, Mr. ness Act to direct the Administrator of the Mr. OSE. BLUMENAUER, Mrs. CAPPS, Ms. Small Business Administration to establish H.R. 1093: Mr. GREEN of Wisconsin and Mr. STABENOW, Mr. SNYDER, Mr. KILDEE, a pilot program to provide regulatory com- SAXTON. Mr. SAWYER, Mr. VISCLOSKY, Mr. pliance assistance to small business con- H.R. 1116: Mr. LATOURETTE. JOHN, Mr. SANDLIN, Mr. BERRY, and cerns, and for other purposes; to the Com- H.R. 1160: Mr. CAMP. Mr. STUPAK): mittee on Small Business. H.R. 1194: Mr. PETERSON of Pennsylvania. H.R. 4953. A bill to provide funds for the H.R. 1285: Mr. SMITH of New Jersey. By Mr. BECERRA: purchase of automatic external defibrillators H.R. 4947. A bill to amend the 21st Century H.R. 1532: Mr. UNDERWOOD. and the training of individuals in advanced Community Learning Centers Act to include H.R. 1586: Mr. MORAN of Kansas. cardiac life support; to the Committee on H.R. 1640: Mr. GEJDENSON. public libraries; to the Committee on Edu- Commerce. cation and the Workforce. H.R. 1926: Mr. TAYLOR of North Carolina. By Ms. MCCARTHY of Missouri (for By Mr. DOOLEY of California (by re- H.R. 1997: Mr. MCNULTY. herself, Ms. DANNER, Mr. MOORE, and quest): H.R. 2002: Mr. GEORGE MILLER of Cali- Mr. SKELTON): fornia. H.R. 4948. A bill to amend the Reclamation H.R. 4954. A bill to ensure that law enforce- H.R. 2308: Mr. LEWIS of Kentucky. Recreation Management Act of 1992 in order ment agencies determine, before the release H.R. 2346: Mr. GARY MILLER of California. to provide for the security of dams, facili- or transfer of a person, whether that person H.R. 2356: Mrs. MORELLA and Mr. GARY ties, and resources under the jurisdiction of has an outstanding charge or warrant, and MILLER of California. the Bureau of Reclamation; to the Com- for other purposes; to the Committee on the H.R. 2446: Mr. BENTSEN. mittee on Resources. Judiciary. H.R. 2451: Mr. COOK and Mr. MANZULLO. By Mr. WAXMAN (for himself, Mr. By Mr. MORAN of Virginia: GEPHARDT, Mr. DINGELL, Mr. STARK, H.R. 4955. A bill to amend title 49, United H.R. 2562: Mr. KENNEDY of Rhode Island. Mr. BROWN of Ohio, Mr. GEORGE MIL- States Code, to allow States to regulate tow H.R. 2631: Mr. TIERNEY LER of California, Ms. SCHAKOWSKY, truck operations; to the Committee on H.R. 2710: Mr. STUMP and Mr. RAMSTAD. Mr. FORBES, Mr. HOLT, Mr. LANTOS, Transportation and Infrastructure. H.R. 2790: Mrs. LOWEY. Ms. LEE, Mr. BLAGOJEVICH, Mr. HIN- By Mr. PAYNE: H.R. 2798: Mr. SMITH of Washington. CHEY, and Mr. WYNN): H.R. 4956. A bill to increase the amount of H.R. 2870: Mr. STUPAK. H.R. 4949. A bill to amend title XIX of the student loans that may be forgiven for serv- H.R. 2933: Mr. ANDREWS. Social Security Act to improve the quality ice as a teacher in a school with a high con- H.R. 3004: Mr. ENGEL, Ms. SLAUGHTER, Mr. of care furnished in nursing homes; to the centration of low-income students; to the LAFALCE, Mr. ETHERIDGE, and Mr. BOEHNER. Committee on Commerce. Committee on Education and the Workforce. H.R. 3043: Mr. GUTIERREZ. By Mr. GREENWOOD (for himself, Mr. By Mr. RANGEL (for himself, Mr. H.R. 3105: Mr. BERMAN, Mr. ETHERIDGE, and DEUTSCH, Mr. BURR of North Caro- WATTS of Oklahoma, Mr. PAYNE, and Mr. HINCHEY. lina, Mr. STRICKLAND, Mr. TAUZIN, Mrs. JOHNSON of Connecticut): H.R. 3192: Mrs. LOWEY, Mr. PAYNE, and Mr. Mr. MCGOVERN, Mrs. JOHNSON of Con- H.R. 4957. A bill to amend the Omnibus LUTHER. necticut, and Ms. KAPTUR): Parks and Public Lands Management Act of H.R. 3221: Mr. BORSKI. H.R. 4950. A bill to amend title XVIII of the 1996 to extend the legislative authority for H.R. 3514: Mr. GREEN of Texas. Social Security Act to increase the propor- the Black Patriots Foundation to establish a H.R. 3517: Mr. CALVERT. tion of charges Medicare recognizes for men- commemorative work; to the Committee on H.R. 3546: Mr. BACA and Mr. MORAN of Vir- tal health services furnished to qualified Resources. ginia. Medicare beneficiaries who reside in con- By Ms. SLAUGHTER (for herself and H.R. 3590: Mr. DOOLITTLE. gregate residences; to the Committee on Mr. BARTON of Texas): H.R. 3634: Ms. STABENOW.

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H.R. 3650: Mr. MEEHAN. H.R. 4740: Mr. FORBES and Mr. BONIOR. H. Con. Res. 376: Mr. UDALL of Colorado. H.R. 3659: Mr. BORSKI, Mr. FATTAH, Mr. H.R. 4746: Mr. MICA. H. Res. 347: Mr. WU. WISE, and Mr. ANDREWS. H.R. 4759: Mr. GREEN of Texas and Mr. H. Res. 414: Mr. HINCHEY. H.R. 3661: Mr. METCALF. UPTON. H. Res. 430: Mr. FLETCHER. H.R. 3679: Mr. KING, Mr. MCINTOSH, Mrs. H.R. 4780: Mr. DICKEY. H. Res. 461: Mr. BACA, Ms. SLAUGHTER, Mr. MCCARTHY of New York, Mr. CAPUANO, Mr. H.R. 4807: Mr. WAMP, Mr. MCCOLLUM, and DEMINT, Mr. MARTINEZ, Mr. MCINNIS and Mr. CRAMER, Mr. UDALL of Colorado, Mr. UDALL Mr. CLAY. WYNN. of New Mexico, Mr. COSTELLO, Mr. COX, Mr. H.R. 4826: Mr. HULSHOF. H. Res. 537: Mr. MURTHA. DEMINT, Mrs. EMERSON, Mr. GORDON, Mr. H.R. 4844: Mr. TRAFICANT, Mr. CANADY of H. Res. 543: Mr. ROYCE. HORN, Mr. BERMAN, Mr. HYDE, Mr. STUPAK, Florida, Mr. DEUTSCH, Mr. EVERETT, Mr. H. Res. 549: Mr. MALONEY of Connecticut Mr. HAYWORTH, Mr. BRYANT, Mr. DUNCAN, HOLDEN, Mr. FLETCHER, Mr. BISHOP, Mr. BRY- and Mr. DICKS. Mr. FOLEY, Mr. HILLERY, Mr. MOAKLEY, Mr. ANT, Mr. CROWLEY, Mr. ISTOOK, Ms. DELAURO, H. Res. 561: Mr. ROTHMAN, Mr. GARY MIL- SHERWOOD, Mr. TIERNEY, Mr. QUINN, Mr. Mr. ROGAN, Mr. SANDLIN, Ms. PELOSI, Ms. LER of California, and Ms. NORTON. WAMP, Mr. SCHAFFER, Mr. GEKAS, Mr. LAZIO, CARSON, Mr. GORDON, Mr. POMEROY, Mr. f Mr. MCHUGH, and Mr. MORAN of Kansas. LAMPSON, Mr. REYES, Mrs. MINK of Hawaii, H.R. 3698: Mr. REYES, Mr. CHAMBLISS, Mr. Mr. DICKS, Mr. MCINTYRE, Mr. CANNON, Mr. DELETIONS OF SPONSORS FROM BERMAN, and Mr. POMBO. FRELINGHUYSEN, Ms. JACKSON-LEE of Texas, PUBLIC BILLS AND RESOLUTIONS H.R. 3710: Mr. EDWARDS, Mr. UDALL of New Mr. WELDON of Pennsylvania, Mr. PACKARD, Under clause 7 of rule XII, sponsors Mexico, and Mr. DAVIS of Illinois. Mr. GILLMOR, Mrs. ROUKEMA, Mr. ORTIZ, Mrs. were deleted from public bills and reso- MORELLA, Mr. SANDERS, Mrs. NORTHUP, Mr. H.R. 3844: Mr. BARR of Georgia. lutions as follows: H.R. 3865: Mr. MANZULLO. PALLONE, Mr. ADERHOLT, Mr. CLEMENT, Mr. H.R. 3901: Mr. DEFAZIO. BOYD, Mr. ROEMER, Mr. HYDE, Mr. SMITH of H.R. 3250: Mr. COBURN. H.R. 3915: Mr. GORDON, Mr. ETHERIDGE, Mr. New Jersey, Mr. BERMAN, Mr. LEACH, Mr. H.R. 4654: Mr. MCNULTY. GOODLATTE, Mr. MOORE, and Mr. KILDEE. WU, Ms. LEE, Mr. DAVIS of Florida, Mr. MAR- f H.R. 3983: Mr. CASTLE. KEY, Ms. BALDWIN, Mr. STRICKLAND, Mr. H.R. 4013: Mr. ABERCROMBIE, Mrs. BAIRD, Mr. WATT of North Carolina, Mr. AMENDMENTS CHRISTENSEN, Mr. CROWLEY, and Mr. KILDEE. SMITH of Washington, Mr. OBEY, Mrs. Under clause 8 of rule XVIII, pro- H.R. 4047: Mr. KUYKENDALL. MYRICK, Mr. MARTINEZ, Mr. BOEHNER, Mr. posed amendments were submitted as H.R. 4136: Mr. BARR of Georgia. OLVER, Mr. RYAN of Wisconsin, Mr. JENKINS, follows: H.R. 4194: Mr. PRICE of North Carolina. Mr. GALLEGLY, Mr. MCDERMOTT, Ms. H.R. 4942 H.R. 4211: Ms. JACKSON-LEE of Texas and MCKinney, Mr. FORBES, Mr. BURR of North Mr. WU. Carolina, Mr. FATTAH, Mr. HANSEN, Mr. OFFERED BY: MR. BILBRAY H.R. 4215: Mr. RADANOVICH. KNOLLENBERG, Mr. MOAKLEY, Mr. NEAL of AMENDMENT NO. 2: At the end of the bill, H.R. 4219: Mr. WEXLER, Mr. FRANK of Mas- Massachusetts, Mr. MEEHAN, Mr. TAUZIN, Mr. insert after the last section (preceding the sachusetts, Ms. DANNER, Mr. PALLONE, Mr. COYNE, Mr. COMBEST, Mr. MCNULTY, Mr. short title) the following new section: BEREUTER, Ms. CARSON, Mr. UNDERWOOD, and GRAHAM, Mr. ROGERS, Mr. GUTKNECHT, Mr. BANNING POSSESSION OF TOBACCO PRODUCTS BY Mr. BUYER. CAPUANO, Mr. BARR of Georgia, Mrs. MINORS H.R. 4271: Mr. PASTOR, Ms. NORTON, Mr. CHRISTENSEN, Mr. WICKER, Ms. ROYBAL-AL- SEC. ll. (a) IN GENERAL.—It shall be un- COSTELLO, Mr. GIBBONS, Mr. BARCIA, Mr. WU, LARD, Mr. THOMPSON of California, Mr. lawful for any individual under 18 years of and Mr. BLAGOJEVICH. SPENCE, Mr. HILL of Montana, Mr. MORAN of age to possess any cigarette or other tobacco H.R. 4272: Mr. PASTOR, Ms. NORTON, Mr. Virginia, Mr. CONDIT, Mr. BOUCHER, and Mr. product in the District of Columbia. COSTELLO, Mr. GIBBONS, Mr. BARCIA, and Mr. HAYES. (b) EXCEPTIONS.— BLAGOJEVICH. H.R. 4845: Mr. SENSENBRENNER, Mr. WAMP, (1) POSSESSION IN COURSE OF EMPLOYMENT.— H.R. 4273: Mr. PASTOR, Ms. NORTON, Mr. ARGENT, Mr. HORN, Mrs. ROUKEMA, Mr. Mr. L Subsection (a) shall not apply with respect COSTELLO, Mr. GIBBONS, Mr. BARCIA, and Mr. FRANK of Massachusetts, and Mr. BARRETT of to an individual making a delivery of ciga- BLAGOJEVICH. Nebraska. rettes or tobacco products in pursuance of H.R. 4274: Mr. BLAGOJEVICH. H.R. 4890: Mr. WYNN and Mr. ABERCROMBIE. employment. H.R. 4275: Mr. TANCREDO and Ms. DEGETTE. H.R. 4897: Mrs. MALONEY of New York, Ms. (2) PARTICIPATION IN LAW ENFORCEMENT OP- H.R. 4377: Mr. GOODLING, Mr. BOEHLERT, CARSON, and Mr. WYNN. ERATION.—Subsection (a) shall not apply Mr. DICKS, Mr. ISAKSON, and Ms. DANNER. H.R. 4902: Mr. GOODE. with respect to an individual possessing H.R. 4283: Mr. HOEKSTRA and Mr. COOK. H.R. 4920: Mr. BURR of North Carolina, Mr. products in the course of a valid, supervised H.R. 4338: Mr. GEORGE MILLER of Cali- UPTON, Mr. BARRETT of Wisconsin, Mr. law enforcement operation. fornia. LATOURETTE, Mr. ABERCROMBIE, Mr. (c) PENALTIES.—Any individual who vio- H.R. 4340: Mr. GIBBONS, Mr. RADANOVICH, FRELINGHUYSEN, Mr. ROGAN, Mr. PALLONE, lates subsection (a) shall be subject to the and Mr. MOORE. Mr. FARR of California, Mr. WHITFIELD, Mrs. following penalties: H.R. 4378: Mr. BISHOP. NAPOLITANO, Mr. BAIRD, Ms. WATERS, Mr. (1) For any violation, the individual may H.R. 4390: Ms. MILLENDER-MCDONALD. HOLDEN, Mr. OBERSTAR, Ms. EDDIE BERNICE be required to perform community service or H.R. 4393: Mr. WAXMAN. JOHNSON of Texas, Mr. THOMPSON of Cali- attend a tobacco cessation program. H.R. 4424: Mr. TERRY. fornia, Mr. TOWNS, Mr. WEXLER, Mr. MCGOV- (2) Upon the first violation, the individual H.R. 4465: Mr. HUNTER, Mr. TAYLOR of ERN, Mrs. CAPPS, Mr. KLINK, and Mr. STRICK- shall be subject to a civil penalty not to ex- North Carolina, and Mr. GOODLING. LAND. ceed $50. H.R. 4467: Mr. PETERSON of Pennsylvania, H.R. 4927: Mr. BONIOR, Mr. STRICKLAND, and (3) Upon the second and each subsequent Mr. HOEFFEL, and Mr. NUSSLE. Mr. MCGOVERN. H.R. 4493: Mr. SESSIONS. H.R. 4937: Mr. FROST. violation, the individual shall be subject to a H.R. 4511: Mr. REYNOLDS, Mr. RILEY, Mr. H.J. Res. 100: Mr. COBURN, Mr. DAVIS of civil penalty not to exceed $100. CHAMBLISS, and Mr. HILLEARY. Florida, Mr. ENGEL, Mr. PICKETT, Mr. RA- (4) Upon the third and each subsequent vio- H.R. 4514: Mr. KUCINICH. HALL, Mr. MCDERMOTT, Mr. DEMINT, Mr. lation, the individual may have his or her H.R. 4539: Mr. PALLONE and Ms. SLAUGH- MENENDEZ, Mr. CHABOT, Ms. JACKSON-LEE of driving privileges in the District of Columbia TER. Texas, Mr. BATEMAN, Mr. GONZALEZ, Mr. suspended for a period of 90 consecutive days. H.R. 4548: Mrs. EMERSON. HYDE, Mr. SHERMAN, Mr. CROWLEY, and Mr. (d) EFFECTIVE DATE.—This section shall H.R. 4555: Mrs. THURMAN. HALL of Ohio. apply during fiscal year 2001 and each suc- H.R. 4566: Mr. ENGLISH. H. Con. Res. 58: Mr. RODRIGUEZ and Mr. ceeding fiscal year. H.R. 4570: Mr. SHAYS, Mr. INSLEE, and Mr. GIBBONS. H.R. 4942 WATT of North Carolina. H. Con. Res. 115: Mr. PAYNE. OFFERED BY: MR. DAVIS OF VIRGINIA H.R. 4580: Mr. DEFAZIO. H. Con. Res. 306: Mrs. CAPPS, Ms. VELAZ- AMENDMENT NO. 3: Amend the item relat- H.R. 4614: Mr. WEINER. QUEZ, Mrs. ROUKEMA, Ms. MCKINNEY, Mr. ing to ‘‘TAX REFORM IN THE DISTRICT’’ to H.R. 4652: Mr. JOHN, Mr. PETERSON of Penn- BERRY, Mr. BERMAN, Mr. LAMPSON, Mr. read as follows: sylvania, and Mr. PICKERING. STEARNS, Mr. REGULA, Mr. DEUTSCH, and H.R. 4659: Mr. CUMMINGS and Mr. WU. Mrs. MEEK of Florida. STUDY OF REGIONAL FINANCING ISSUES H.R. 4669: Mr. LUCAS of Oklahoma, Mr. H. Con. Res. 345: Mr. MILLER of Florida. For a Federal payment to the Metropolitan WAMP, and Mr. BARR of Georgia. H. Con. Res. 362: Mr. GONZALEZ, Mr. EVANS, Washington Council of Governments H.R. 4673: Mr. HALL of Ohio. and Mrs. SLAUGHTER. (MWCOG) for a study analyzing potential H.R. 4706: Mr. HOUGHTON. H. Con. Res. 368: Mr. LEWIS of California, methods for financing the infrastructure H.R. 4710: Mr. HUNTER. Mr. MCKEON, Mr. HORN, Mr. CALVERT, Mrs. needs of the Washington metropolitan area H.R. 4713: Mr. EHLERS. BONO, Mr. OSE, Mr. DOOLITTLE, and Mr. and reviewing potential tax incentives that H.R. 4722: Mr. TANNER. RADANOVICH. the District of Columbia could adopt to ex- H.R. 4727: Mr. BONIOR, Mr. CLAY, Mr. POM- H. Con. Res. 372: Mr. MALONEY of Con- pand its residential tax base, $100,000, to re- EROY, and Ms. HOOLEY of Oregon. necticut and Mr. GIBBONS. main available until expended: Provided,

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That MWCOG shall enter into a contract for H.R. 4942 SEC. 168. None of the funds contained in conducting such study only with a qualified OFFERED BY: MR. MORAN OF VIRGINIA this Act may be used to carry out the Health independent auditor. Insurance Coverage for Contraceptives Act of AMENDMENT NO. 10: Strike sections 104, 116, H.R. 4942 117, 118, and 139 (and redesignate the remain- 2000 (D.C. Bill 13–399) unless such Act in- ing sections accordingly). cludes a religious exemption adopted by the OFFERED BY: MR. DAVIS OF VIRGINIA Council of the District of Columbia and ap- AMENDMENT NO. 4: Strike the item relating H.R. 4942 proved by the Mayor of the District of Co- to ‘‘TAX REFORM IN THE DISTRICT’’. OFFERED BY: MR. MORAN OF VIRGINIA lumbia. H.R. 4942 AMENDMENT NO. 11: Strike sections 105, 122, H.R. 4942 144, 147, 148, 156, 157, and 167 (and redesignate OFFERED BY: MR. DAVIS OF VIRGINIA OFFERED BY: MR. MORAN OF VIRGINIA the remaining sections accordingly). AMENDMENT NO. 5: In the item relating to AMENDMENT NO. 18: Strike section 168 (and H.R. 4942 ‘‘FEDERAL FUNDS—FEDERAL PAYMENT FOR redesignate the succeeding provisions ac- RESIDENT TUITION SUPPORT’’, insert after the OFFERED BY: MR. MORAN OF VIRGINIA cordingly). dollar figure the following: ‘‘(increased by AMENDMENT NO. 12: In the item relating to H.R. 4942 $3,000,000)’’. ‘‘DISTRICT OF COLUMBIA HEALTH AND HOS- In the item relating to ‘‘FEDERAL PITALS PUBLIC BENEFIT CORPORATION’’, strike OFFERED BY: MR. MORAN OF VIRGINIA FUNDS—FEDERAL PAYMENT TO THE COURT ‘‘funds:’’ and all that follows and insert a pe- AMENDMENT NO. 19: In section 158(a), strike SERVICES AND OFFENDER SUPERVISION AGEN- riod. ‘‘funds’’ and insert ‘‘Federal funds’’. CY FOR THE DISTRICT OF COLUMBIA (INCLUDING Strike section 164 (and redesignate the suc- H.R. 4942 TRANSFER OF FUNDS)’’, insert after the first ceeding provisions accordingly). OFFERED BY: MR. MORAN OF VIRGINIA dollar figure and the fourth dollar figure the H.R. 4942 following: ‘‘(decreased by $3,000,000)’’. AMENDMENT NO. 20: In section 146, strike OFFERED BY: MR. MORAN OF VIRGINIA ‘‘funds’’ and insert ‘‘Federal funds’’. H.R. 4942 AMENDMENT NO. 13: Strike sections 128 and H.R. 4942 OFFERED BY: MR. ISTOOK 129 (and redesignate the succeeding provi- OFFERED BY: MR. MORAN OF VIRGINIA AMENDMENT NO. 6: Strike the item relating sions accordingly). to ‘‘TAX REFORM IN THE DISTRICT’’. H.R. 4942 (To the Amendment Offered by Mr. Souder) In the item relating to ‘‘METRORAIL CON- OFFERED BY: MR. MORAN OF VIRGINIA AMENDMENT NO. 21: In section 150 (as pro- STRUCTION (INCLUDING TRANSFER OF FUNDS)’’, posed to be amended by the amendment)— AMENDMENT NO. 14: In section 130, strike strike ‘‘$7,000,000’’ and insert ‘‘$7,100,000’’. ‘‘funds’’ and insert ‘‘Federal funds’’. (1) strike ‘‘funds’’ in subsection (a) and in- In the item relating to ‘‘METRORAIL CON- sert ‘‘Federal funds’’; and STRUCTION (INCLUDING TRANSFER OF FUNDS)’’, H.R. 4942 (2) strike ‘‘any funds’’ each place it appears strike ‘‘$18,000,000’’ and insert ‘‘$17,900,000’’. OFFERED BY: MR. MORAN OF VIRGINIA in subsection (b) and insert ‘‘any Federal H.R. 4942 AMENDMENT NO. 15: In section 131, strike funds’’. ‘‘funds’’ and insert ‘‘Federal funds’’. OFFERED BY: MR. MORAN OF VIRGINIA H.R. 4942 H.R. 4942 AMENDMENT NO. 7: Strike sections 101 OFFERED BY: MS. NORTON through lll. OFFERED BY: MR. MORAN OF VIRGINIA AMENDMENT NO. 22: Strike ‘‘GENERAL PRO- H.R. 4942 AMENDMENT NO. 16: In section 168, strike VISIONS’’ and all that follows through the ‘‘the Health Insurance Coverage’’ and all last section before the short title. OFFERED BY: MR. MORAN OF VIRGINIA that follows and insert the following: ‘‘none H.R. 4942 AMENDMENT NO. 8: Strike sections 101, 102, of the Federal funds appropriated under this 110, 114, 121, 138, and 154 (and redesignate the Act may be used to implement or enforce the OFFERED BY: MS. NORTON remaining sections accordingly). Health Insurance Coverage for Contracep- AMENDMENT NO. 23: In section 168, strike H.R. 4942 tives Act of 2000 (D.C. Bill 13–399).’’. ‘‘(a)’’ and all that follows through ‘‘(b)’’. OFFERED BY: MR. MORAN OF VIRGINIA H.R. 4942 H.R. 4942 AMENDMENT NO. 9: Strike sections 103, 108, OFFERED BY: MR. MORAN OF VIRGINIA OFFERED BY: MR. SOUDER 109, 111, and 112 (and redesignate the remain- AMENDMENT NO. 17: Amend section 168 to AMENDMENT NO. 24: In section 150, strike ing sections accordingly). read as follows: ‘‘Federal’’.

VerDate 25-JUL-2000 06:53 Jul 26, 2000 Jkt 079060 PO 00000 Frm 00226 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JY7.161 pfrm02 PsN: H25PT1 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, TUESDAY, JULY 25, 2000 No. 98 Senate The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE period for the transaction of morning called to order by the President pro The Honorable GEORGE V. VOINOVICH, business, with Senators permitted to tempore [Mr. THURMOND]. a Senator from the State of Ohio, led speak for up to 10 minutes each, with The PRESIDENT pro tempore. To- the Pledge of Allegiance as follows: the following exceptions: Senator DUR- BIN, or his designee, from 9:30 a.m. to 10 day’s prayer will be offered by our I pledge allegiance to the Flag of the a.m., and Senator THOMAS, or his des- guest Chaplain, Minister Angela Wil- United States of America, and to the Repub- liams, Shiloh Baptist Church, Wash- lic for which it stands, one nation under God, ignee, from 10 a.m. to 10:30 a.m. The PRESIDENT pro tempore. The ington, DC, a resident of South Caro- indivisible, with liberty and justice for all. able Senator from Massachusetts. lina. We are pleased to have you with f us. f RECOGNITION OF THE ACTING MAJORITY LEADER GUEST CHAPLAIN PRAYER Mr. KENNEDY. Mr. President, I com- The PRESIDENT pro tempore. The mend the Senate’s guest Chaplain acting majority leader. The guest Chaplain, Minister Angela today, Minister Angela Williams, for Williams, offered the following prayer: f her eloquent prayer opening today’s Eternal God, our Sovereign Lord, we SCHEDULE session of the Senate. Angela became a thank You for the many blessings You licensed minister in January of this Mr. VOINOVICH. Mr. President, have bestowed upon our Nation. For year, and she is currently an associate today the Senate will be in a period for You, O Lord, are our strength and our minister at Shiloh Baptist Church in morning business until 10:30 a.m., with righteousness. We recognize that ours the District of Columbia. I had the Senators DURBIN and THOMAS in con- is a priceless inheritance—a country privilege of attending her first sermon trol of the time. founded on the truth that all women there last November. She is also cur- Senators should be aware that clo- and men are created equal and endowed rently a graduate student at Virginia ture was filed on the motion to proceed by our Creator with the right to life, Union University in Richmond, where liberty, and the pursuit of happiness. to the Treasury-Postal appropriations she is pursuing the degree of master of We cannot forget these words, lest we bill and on the motion to proceed to divinity. fail as a Nation. the intelligence authorization bill. Angela’s father, J.C. Williams, is also Under the provisions of rule XXII, a minister. He served for 28 years with With Your everlasting arms, lift up those votes will occur on Wednesday, 1 the Members of the United States Sen- great distinction as a Navy chaplain. hour after the Senate convenes. During He retired in 1998, and is now an asso- ate, so that they may carry out their Thursday morning’s session, there will indispensable mission of conducting ciate minister in Martinez, GA. Rev. be a time set aside for those Members J.C. Williams served as guest Chaplain the Nation’s business fully and fairly. who have not had the opportunity to Incline Your ear toward the United for the Senate last September. make their statements in memory of Our guest Chaplain today wears States of America, that You may hear our former colleague, Paul Coverdell. many hats. Angela Williams is also a the prayers of Your people. Let Your I thank my colleagues for their at- talented lawyer, and is a graduate of face continue to shine upon those of all tention. the University of Texas Law School. As races, nationalities, religions, and an Assistant United States Attorney in creeds—the rich and the poor, those f the Middle District of Florida, she was with privileges and those who have ORDER FOR RECESS selected to serve on the National been denied. Mr. VOINOVICH. Mr. President, I ask Church Arson Task Force, which was Now, more than ever before, we need unanimous consent that at the hour of created by the Department of Justice Your peace. Families, schools, and 12:30 p.m, the Senate stand in recess to investigate, prosecute, and prevent communities too often seem besieged. until the hour of 2:15 p.m. in order for the epidemic of church arsons that But we know that in the midst of it all, the weekly party caucuses to meet. were afflicting many parts of the coun- You have only to say, ‘‘Peace, be to The PRESIDENT pro tempore. With- try. From 1996 to 1998, Angela Williams you.’’ Lord, help us to walk with You out objection, it is so ordered. investigated and prosecuted approxi- in integrity and wisdom and do that f mately 25 percent of those Federal which is always just in Your sight. cases nationwide. Continue to bless those who work on MORNING BUSINESS Angela is also well known to many of Capitol Hill, as we give to You all The PRESIDING OFFICER. Under us in the Senate and the House of Rep- glory, honor, and praise. Amen. the previous order, there will now be a resentatives. For the past 2 years, in

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

S7493

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VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7494 CONGRESSIONAL RECORD — SENATE July 25, 2000 addition to her ministry, she has we have turned the corner. People have $75,000 a month, will another $2,000 a served as a member of my Senate staff come to understand a dramatic thing month really make a difference in on the Judiciary Committee. has occurred. We are now reaching a their life? I find that hard to imagine. All of us on both sides of the aisle point where we are not talking about Yet when it comes right down to it, and with the Clinton administration deficits and debt but about the possi- that is what we hear from the Repub- who have worked with Angela have bility, the opportunity of a surplus. lican side: Give the tax breaks to the great respect for her ability and dedi- This is something which America’s wealthiest people in America. cation. Her principal responsibilities families and businesses have worked On our side, we believe this surplus have been in the area of law enforce- hard to earn: a surplus that reflects a should be used to pay down the debt, ment issues, especially hate crimes, strong economy with more and more strengthen Social Security and Medi- and she deserves great credit for her people working, which reflects the fact care, and then find those targeted tax leadership on this important issue in we have had the greatest period of eco- cuts that can make a real difference in our country today. nomic expansion in the history of the a person’s life. Angela will be leaving my staff at the United States. In fact, I hope we do not Let me give a few examples of tar- end of this week. All of us who know become blase about this. This is some- geted tax cuts that cost far less than Angela wish her well. We have been thing that was hard to achieve and what the Republicans have suggested very impressed with her calling to the American families and businesses but would mean dramatic tax relief to ministry and her dedication to it. It working with our Government leaders working families. I start with middle- has been a privilege to work with her reached this new point. income families worried about paying as a member of our Senate family, and Having reached the point where we for college education expenses, as well we are grateful for her inspiring prayer can look ahead and say we have a they should be. Between 1990 and 1998, as guest Chaplain today. strong economy and a surplus coming, average tuition and fees increased 79 Mr. President, I yield the floor. it is now up to the Congress to decide percent at public universities, 56 per- The PRESIDING OFFICER (Mr. what to do with that surplus. There are cent at private 4-year institutions, VOINOVICH). The Senator from Illinois. two very different approaches as to compared to a 23-percent increase in Mr. DURBIN. Mr. President, I yield what to do with the surplus. the Consumer Price Index and a 41-per- to the Senator from South Carolina. During the last 2 weeks, the Repub- cent increase in per capita disposable The PRESIDING OFFICER. The Sen- lican Party has come to the floor of the income. Families know this. When ator from South Carolina. Senate and suggested they know what children are born, they think ahead: Mr. THURMOND. I thank the Chair. to do with this surplus. They have sug- How are we going to pay for this kid’s (The remarks of Mr. THURMOND per- gested we take $1 trillion, approxi- college education? taining to the submission of S. Res. 342 mately half of the projected surplus On the Democratic side, we believe if are located in today’s RECORD under over the next 10 years or so, and dedi- we are talking about changing tax pol- ‘‘Submissions of Concurrent and Sen- cate it to tax cuts. Tax cuts are a pop- icy, let us give to middle-income fami- ate Resolutions.’’) ular proposal for politicians. Any of us lies the deduction of college education The PRESIDING OFFICER. The Sen- would like to stand before a crowd in expenses, a helping hand so that if a ator from Illinois. our States or hometowns and talk son or daughter is accepted at a good f about cutting their taxes. But the hon- university, they don’t have to make est question is, Is that the best thing the decision that they can’t go because REPUBLICAN AGENDA for us to do at this moment in time? of money. That is our idea. We would Mr. DURBIN. Mr. President, this On the Democratic side, we believe have deduction for college education week will be the last week before we that there is a better approach. We be- expenses. break for the party conventions—the lieve our first obligation is to pay down The Republican idea is an estate tax Republicans in Philadelphia; the the national debt, strengthening Social cut that would give an average $23,000- Democrats in Los Angeles. We have a Security and Medicare and making cer- a-year tax break to people making full array of legislation that could be tain that our children carry less of a $900,000 a year. What is of more value considered this week. I am not sure, burden in the future. The Republicans to the future of America: Someone who being a member of the lowly minority, say give tax cuts, primarily to wealthy gets $2,000 a month to put it in an in- as to what issues we will actually ad- people, over $1 trillion worth. We say vestment or another vacation home or dress, but the American people should take that money and pay down the a family who takes a tax break offered pay close attention to what has oc- debt. We are not sure if that surplus is on the Democratic side and helps their curred in this Chamber in the last 2 actually going to be there 2 years, 4 son or daughter go to the very best col- weeks. years, 6 years from now. Wouldn’t lege or university into which they can A little bit of history puts it in per- every family and business in America be accepted? spective. Not that many years ago, we agree it is more sensible to first retire Secondly, working families I know were struggling with annual deficits. It this huge debt that looms over Amer- are struggling with the concept of day was crippling the economy of the ica and its future? That is the Demo- care, what to do with the children dur- United States and certainly causing a cratic position. ing the day so they have peace of mind shockwave across America as families Most people believe we should deal in that the children are safe in a qual- had to step back and consider the im- with the national debt. The Republican ity environment. Some working people pact of a huge national debt that we position, with notable exceptions, in- choose day-care centers in their home- passed on to future generations. In cluding the Presiding Officer, who has towns. They can be very expensive. I fact, our national debt now is ap- taken a more conservative approach know my grandson is in day care, a proaching $6 trillion, and we collect $1 when it comes to dealing with the sur- very good one. I am happy he is there. billion in taxes every single day in plus—is, no, we should cut taxes on a Many families don’t have that luxury. America to pay interest on our old permanent basis and hope for the best. They can’t turn to good day care be- debt. The tough part of it, too, is that this cause they can’t afford it. What about That $1 billion in taxes does not edu- cutting of taxes is primarily going to the family who decides that instead of cate a child; it does not buy a tank or those at the highest income levels. both parents working, one will stay a gun; it does not provide health insur- I had a chart last week which showed home to care for the child? That is a ance for anyone; it does not improve that 43 percent of the estate tax cut good decision to make, if one can af- Social Security or Medicare. It pays in- proposed by the Republicans went to ford to make it. terest on old debt. people making over $300,000 a year. For On the Democratic side—this is an- It is debt that was accumulated pri- people with an average income of other change in tax policy that is far marily during the period when Presi- $900,000 a year—a show of hands is not better for America than to give tax dents Reagan and Bush were in office necessary—the Republicans proposed a breaks to wealthy people—Senator and some partially during the period $23,000-a-year tax break. If one is mak- DODD of Connecticut came to the floor when President Clinton first began, but ing somewhere in the neighborhood of and said: Let’s help families pay for

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7495 day-care center expenses with a tax A prescription drug benefit under insurance companies. We have lost that credit or offer a tax credit to mothers Medicare: Is there another action we issue on the floor of the Senate. We who will stay at home with children so can take in America that is fairer or raised that issue and the insurance they will get a helping hand, too. I better for our seniors and disabled than companies prevailed. They would not think that is eminently sensible. to give them the opportunity to afford let Senator KENNEDY’s bill come for- We know that children in the early prescription drugs? ward to give people the peace of mind stages of their life really are forming Is it not scandalous that senior citi- that they were getting the best med- their minds and their values, and we zens in many States get in buses and ical care and that they would not have want them to be in the very best envi- take 100-mile trips over the border to to fight with a clerk from an insurance ronment. If they get off to a good start, Canada to buy their prescription company when it came to what they many kids will do well in school and drugs? The same drugs manufactured and the people they love might need. have a great future ahead of them. But in the United States, approved for sale As at Columbine High School, all of on the other side of the coin, if chil- in the United States, can be purchased the press reports about shootings in dren are being pushed and shoved from in Canada for a fraction of the cost. schools and in other places shock one incompetent and dangerous baby- Is it not scandalous and disgraceful America from one coast to the other. sitter to the next, it is risky. It is that senior citizens across America, Can this Congress pass commonsense something no family would want to when they receive the prescriptions legislation for gun safety for a back- face. On the Democratic side, instead from their doctor and are told, take ground check at gun shows, to make of tax breaks for the wealthy, we want this medicine; you will be strong and sure criminals and children don’t get to target tax breaks for those who are healthy and independent if you do, their hands on guns? Can we pass legis- struggling to find a way to keep a par- can’t afford to fill the prescription, go lation to require a child safety device ent at home to watch a child or to pay to the store and find they have to on every handgun so that kids don’t for day care. choose between food and medicine, fill rummage through the closet, find a handgun, and shoot themselves or a A third area we have worked on is the prescription and take half of what playmate? No. The answer is we can’t the whole question of long-term care. they are supposed to because they Baby boomers understand this. Their because the powerful gun lobby stopped can’t afford it? That is a reality of life. parents and their grandparents are that legislation from being passed as It is something we should address. reaching an age where they need spe- well. The simple fact is, this Congress has Prescription drug benefits, Patients’ cial attention, special help, special failed to come up with a prescription care. Much of it is expensive. Families Bill of Rights, commonsense gun safety drug benefit under Medicare. We have legislation, and an increase in the min- are making sacrifices for their parents, talked about it for a year and a half or the elderly, and their families. We imum wage—Senator KENNEDY has longer. The President has called for it think they deserve a helping hand. We fought for that for years. The min- for years. The Republican Congress understand people are living longer and imum wage is $5.15 an hour in this says no because the pharmaceutical have special needs. We have proposed a country. Imagine trying to live on companies, which are enjoying some of tax break that will help families who that, on the $10,000 or $12,000 a year in the greatest profits in their history, are concerned about long-term care income that it generates. That is next don’t want to see this prescription drug and caring for their parents and elderly to impossible. We have tried to raise benefit. They know that if we have the people. the minimum wage because we believe These are the types of targeted tax bargaining power under Medicare to it is not only fair but it gives people breaks which the Democrats support: keep prices under control, their profit who go to work every day a chance for Deduction of college education ex- margins might slip. a livable wage. The Republicans say, penses; help for day care, to keep par- So, once again, the powerful and spe- no, we can’t afford a livable wage; we ents at home so they can watch their cial interest groups are the ones that can’t afford to increase the minimum children; help for long-term care, to are prevailing. The Republican answer wage, but we can afford to give a tril- take care of our aging parents. This is to this is, well, why don’t we turn to lion dollar tax break to the wealthiest our concept of targeted tax relief. The the same insurance companies that people in this country. Republican concept of tax relief is a offer HMOs and managed care and ask Does that make sense? Is it fair or $23,000 annual tax break for people them if they would offer a prescription just? I don’t think so. making over $300,000 a year. drug benefit. Excuse me if I am skep- The issues of education and health Frankly, I will take this issue any- tical, but we know what these compa- care, compensation for working people, where in my home State of Illinois. I nies have done when it comes to life- a Patients’ Bill of Rights, prescription would like to argue this point as to and-death decisions on medical care. drug benefits, none of these have been whether we take a handful of people Too many times they say no when they addressed. The Republicans will be off and give them the most exceedingly should say yes. People are forced into to their convention in Philadelphia in generous tax breaks or look at 98 per- court before judges to plead and beg a few days. They will take great pride cent of America’s families who are and do their very best to get the basic in talking about what they have struggling with the realities of life. care they need to survive. achieved in Washington. I hope the I am glad my colleague from Massa- Is that what we want to see when it American people will take a look at chusetts is here. I will be happy to comes to life-saving prescription drugs, the list of issues I have referred to and yield to him at any point. I want to another battle between America’s fam- ask themselves how many of those make one point before I do. ilies and these insurance companies? issues are important to their families. There are many other issues which We received a report recently about I think many of them are. All of them are languishing in this Congress which over a million people who have lost are stalled because the people don’t need to be addressed, issues to which their HMO Medicare policies—can- rule in this Chamber, the powerful do. the American people look to us for celled—because the companies didn’t Those powerful special interests have leadership. I will cite a few so one can think they were making enough stopped our attempts to try to make understand the frustration, many money. The Republicans say that is the sure we have sensible fiscal policy to times, of dealing with real-life prob- answer. We don’t think so. It should be keep this economy moving forward, to lems at home and this Disneyland situ- a universal, guaranteed program under pay down our debt, strengthen Social ation on Capitol Hill. The people need Medicare, one that you are confident Security and Medicare, and to make to be represented in this Chamber, not will allow your doctor to give you a sure that tax cuts help the people who the powerful. The powerful have their prescription that you can fill and will deserve them. lobbyists. The special interests have allow you to be able to afford to fill it. We have a big agenda in this town their political action committees. That is another issue stopped in this and very little of it has been addressed. They have shown extraordinary Congress by the special interest I think it is a commentary on this Con- strength when it comes to stopping groups. gress and its leadership that we have issues about which people really care. The Patients’ Bill of Rights would let failed to respond to the issues that Allow me to address a few. the doctors make the decisions, not the families in America care about.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7496 CONGRESSIONAL RECORD — SENATE July 25, 2000 Before yielding the floor to the Sen- retirement accounts—as Al Gore proposes— would be able to address these issues in ator from Massachusetts, I ask unani- or allowing market investment of some por- evening sessions and have a disposition mous consent that this editorial from tion of Social Security taxes—as George of that legislation. the Chicago Tribune of Sunday, July Bush proposes—won’t change the fact that In the meantime, what have we done? the system will become actuarially unsound As my friend from Illinois has pointed 23, 2000, entitled ‘‘Budget Surplus In- unless benefits are cut, taxes raised or the duces Frenzy,’’ be printed in the retirement age delayed. out, we have seen a tax cut of over $1 RECORD. Add to Medicare’s shaky fiscal foundation trillion. We had something else done, There being no objection, the mate- some looming big ticket items—a prescrip- too. The House of Representatives have rial was ordered to be printed in the tion drug benefit and some provision for given themselves a pay increase of RECORD, as follows: long-term care—that will have to be fi- $3,800 a year. We didn’t see the increase nanced if, as seems increasingly likely, the BUDGET SURPLUS INDUCES FRENZY in the minimum wage. They didn’t vote nation decides they are essential to have. Congressional Democrats have likened the for that. In fact, when TOM DELAY was LISTEN TO ALAN GREENSPAN Republicans’ tax-cutting frenzy to a ‘‘legisla- asked about the increase in the min- tive Wild West.’’ But a growing number of The spending and tax cut ‘‘debates’’ under imum wage, he said: That doesn’t af- Democrats, too, are hitching up their britch- way now have little to do with the soundness fect us. What he continued to say is we es and joining the roundup, crossing the aisle of overall fiscal policy. Is this a good thing are not in the business; we are over- to consider? Should we do this? These are to vote for tax cuts as well as their own seers of a $2 trillion economy. And he spending increases. What is prompting all not the questions being asked. There is an assumption that the money is there, so why was quite dismissive of the problems this activity is a federal budget surplus that and challenges that are affecting work- seems to have taken on a magical life of its bother with that debate? If they’re politi- own. cally popular—and what’s not to like about a ing families at the lower wrung of the Capitol Hill is awash in money. Why make tax cut or higher spending—put ’em in the economic ladder. hard choices when you can have it all? Blink pot. The most recent example of this is the We have not done the American peo- and you just may have missed the latest in- metamorphosis of the GOP drive to end the ple’s business. We are not addressing credibly rosy forecast of that gargantuan marriage tax penalty. This has now grown the questions of smaller class sizes. We budget surplus. The economy is now ap- into a generous tax cut for all married peo- are not addressing the issue of trying proaching $10 trillion in size and more Amer- ple, with a total 10-year price tag of $292 bil- lion. to train teachers to be better teachers. icans are working than ever. That means fed- We are not addressing the issue of eral tax receipts are soaring—the prime rea- No one can guarantee the economy will son that the budget surplus keeps growing. continue to prosper as robustly as it has. ‘‘A afterschool programs. We are not ad- The latest revision by the Congressional number of the potential programs, both ex- dressing the efforts to try to deal with Budget Office estimates the surplus at $232 penditures and tax cuts in the pipeline, do the problems of the digital divide. We billion for the fiscal year ending Sept. 30—$53 give me some concern,’’ said Federal Reserve are not dealing with the greater kinds billion higher than the April estimate. Board Chairman Alan Greenspan, at his mid- of accountability of the expenditures of Through 2010, the surplus is forecast to be year economic review on Capitol Hill last funds in terms of education. That is off $2.2 trillion. Include Social Security sur- week. ‘‘The growing surplus has kept the ex- pansion stable. Tax cuts or spending in- the agenda. As has been pointed out pluses and it grows to $4.5 trillion. If your many times since the founding of the mind isn’t boggled by these sums, you just creases that significantly slow the rise of aren’t paying attention. surpluses would put the economy at risk.’’ Republic, debates on the floor of the But before Congress proceeds to spend Listen to the man. Senate are about priorities. every last red cent of this money, here are a The PRESIDING OFFICER. The Sen- The majority leaders have effectively few cautionary red flags. ator from Massachusetts is recognized. dismissed debate, discussion, and ac- PAY DOWN THE DEBT Mr. KENNEDY. How much time do tion on education in order to have a The national debt totals $5.6 billion. Re- we have remaining? trillion dollar tax cut for the wealthi- ducing the publicly held portion of it—about The PRESIDING OFFICER (Mr. est individuals and a pay increase for $3.6 trillion—is akin to giving the whole na- SANTORUM). On the Democratic side, themselves. No attention to prescrip- tion a tax cut because it reduces future debt the time is until 10 o’clock. tion drugs. Thumbs down on that. service. This must be the No. 1 priority. f Thumbs down on a Patients’ Bill of GET REAL WITH SPENDING CAPS Rights. We haven’t got time to debate They were imposed in 1997 when it looked THE SENATE’S CALENDAR OF a Patients’ Bill of Rights or a Medicare like the only way for America to dig itself BUSINESS prescription drug program. We haven’t out of a swamp of red ink was to strictly Mr. KENNEDY. Mr. President, I got the time to debate a gun issue to limit discretionary spending. That’s what point out to our colleagues and friends try to make our schools safer. But we gets spent on everything else after defense, the Calendar of Business for the Sen- debt service and entitlement programs like have the time to debate a trillion dol- Social Security and Medicare are paid for. ate. This is the calendar of the business lar tax cut and a pay increase of $3,800. Well, the deficit swamp has been drained. pending, the unfinished business, and a If you take the increase in the min- The caps remain, but that doesn’t mean Con- list of various pieces of legislation re- imum wage for 2 years, we are talking gress complies with them. The Republicans ported out of the committees. about half of what the increase would have been moving spending in or out of the The American people probably don’t be for a Member of Congress. We can’t current fiscal year or calling it an ‘‘emer- have this at their fingertips, but if you even debate it. We can’t discuss it. We gency,’’ allowing them to technically meet take the time to look at this when you can’t vote on it because that is not the caps but still spend lavishly. visit the library, or you can write to part of the agenda of our Republican This is worse than having no caps at all. It is time to be honest about these spending Members of the Congress, you will find leadership. That is what this is about. caps. Establish a new baseline cap; allow for out that in the pending business the It is about priorities. That is what this minimal annual increase, then stick to it. first order is a bill to extend programs election is going to be about, ulti- REMEMBER PROJECTIONS AREN’T REAL MONEY— and activities under the Elementary mately. No action in terms of the Pa- YET and Secondary Education Act of 1965. tients’ Bill of Rights, even though we That doesn’t mean the projected surplus Right next to it, it says May 1, 2000. are one vote short of being able to get won’t become real money. But 10 years is a That means that this has been the un- action, to try to ensure that decisions long time and a lot can change over a dec- derlying and pending piece of legisla- affecting families are made by doctors ade. If you don’t believe that, just remember tion. Yet we are denied any oppor- and trained medical officials and not back to 1990 and the projected deficits that tunity to address what is going to be accountants for the HMOs. We are not seemed to stretch endlessly into the future. the Federal participation in working going to have, evidently, action on the SOCIAL SECURITY AND MEDICARE STILL NEED with States and local communities in gun issues to try to make our schools WORK the areas of education. We didn’t ad- safer and more secure, to try to limit Neither presidential candidate has ad- dress it in the rest of May. We received the availability of guns to children in dressed the core demographic problem that assurances by the Republican leader- our society that results in more than 10 looms for these programs: the aging of the giant Baby Boom generation. The Concord ship that we were going to come back children every single day being killed. Coalition refers to both their Social Security and address those issues and questions. We are not able to do it. We want to in- reform plans as ‘‘free lunch proposals.’’ We didn’t do it in June, and we didn’t dicate to the majority that we are There is no free lunch. Expanding tax-free do it in July, although we were told we going to take every step possible to

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7497 make sure we are going to address We think if you buy a gun at a gun irreversible lung damage every time those issues. We have been cut out and show, you should go through the same that has happened. That is her life closed out to date. But we are not background check as a person who every single day. going to do it. buys a gun from a gun dealer. We want That is what it means to be poor in Here it is Tuesday morning. Quorum to know if you have a history of vio- America—or, even those with Social calls all day Monday. Quorum calls lent mental illness. We want to know if Security checks who do not think this morning. Failing to take action on you have committed a violent felony in themselves to be poor and able to af- these issues, it is basically an abdica- the past. We want to know if you have ford prescription drugs. tion of our responsibility. We are not a history of the kind of activity that Yet when we propose a plan that of- going to go silently into the night. I has required an injunction to protect fers guaranteed universal coverage understand the hour of 10 o’clock has someone against domestic violence. We under Medicare for prescription drugs, arrived. think it is only fair and just that we the Republican leadership says: No, we The PRESIDING OFFICER. The Sen- ask people who want to exercise their think we ought to turn to these same ator from Illinois is recognized. rights under the second amendment to insurance companies that have treated Mr. DURBIN. Since there are no Re- accept the inconvenience of a few ques- us so well—I use that term advisedly— publican Senators on the floor seeking tions being asked. Yet the Republicans under our HMO and managed-care sys- recognition, I ask unanimous consent apparently disagree. They refuse to tem and ask them to give prescription to speak 10 additional minutes. move any gun safety legislation. drug benefits, the same insurance com- The PRESIDING OFFICER. Without As to the Patients’ Bill of Rights, panies that have been cutting people objection, it is so ordered. which Senator KENNEDY addresses, off when it comes to HMO supple- f every day 14,000 Americans are denied mental policies under Medicare. Over 1 million Americans have been CONGRESSIONAL INACTION their needed medicines; 10,000 are de- nied their needed tests and procedures. cut off, many in my State of Illinois. I Mr. DURBIN. Mr. President, I thank You know the stories. You know that don’t trust the insurance companies to the Senator from Massachusetts be- in your hometown convenience store provide, out of the kindness of their cause I think he has made his case con- there is a little canister which says, hearts, prescription drug benefits. I vincingly that there are many things can you leave your change for this lit- think there should be guaranteed uni- we have failed to do in this Congress tle girl, who needs a certain medical versal coverage under the Medicare which mean a lot to the American peo- treatment, which is even denied by her system. ple. insurance company, for which she has Another bill stopped by the Repub- Take a look at the inaction of the no insurance. That is a reality for a lot lican Congress is school modernization. Republican-controlled Congress on so of families who are struggling to pay We should debate a bill that will many issues that are really life-and- for expensive medical care. It is the re- allow us to increase the limits of immi- death, day-to-day issues that families ality of many of these families who grants coming into this country to pro- across America expect us to lead on, turn to these insurance companies. vide those immigrants to fill highly- such as the issue of commonsense gun These companies say: No, it is not one skilled jobs and good-paying jobs in safety; 30,000 American lives were lost of our recommended procedures; your this country that can’t be filled with to gun violence in 1999. We lose 12 chil- doctor is just going to have to be told American workers. I think it is a re- dren every single day in America. As no. I have talked to those doctors who ality. It is the No. 1 complaint of busi- many children are dying in America have said to mothers and fathers what nesses that can’t find skilled workers. because of gun violence every day as their child needs, and then they turn Yesterday, as I got on the plane in were lost at Columbine High School. It around and find an insurance company Springfield, IL, a fellow from a local is a reminder that we have a situation overruling them. company, Garrett Aviation, said: Let with gun violence that is unprece- We think patients in this country me tell you that my biggest problem in dented in the history of the world. The should come first, that quality medical business is I can’t find workers to fill obvious conclusion from the Repub- care should be in the hands of profes- the jobs. lican leadership is, there is nothing we sionals and not in the hands of insur- The industries come to Congress and can do or want to do to change it. ance company clerks. say: Allow us to have more people im- We believe, on the Democratic side, More than 11 million Americans have migrate to the United States who can that commonsense gun safety is some- been denied an increase in the min- fill these jobs. I think it is a real prob- thing we should enact, and do it very imum wage for over 2 years. In Illinois, lem. If we don’t allow this immigra- quickly. We passed a bill here on the 350,000 people got up and went to work tion, some of those jobs and companies floor of the Senate. It had a tie vote of this morning for $5.15 an hour. These will go overseas. 49–49. Vice President Al Gore cast the are not lazy people. These are hard- But let’s look at it in the long term. deciding vote. We sent it over to the working people who are asking this What are we doing to improve the House of Representatives. In 2 or 3 Congress to keep them in mind as we workforce in America to make sure we weeks, the gun lobby tore it to pieces. give tax breaks to wealthy people, to have people who are skilled enough to They sent it to a conference com- keep them in mind as we approve con- fill these jobs and make these good in- mittee. For over 1 solid year, that bill gressional salaries for those of us who comes? Are we dedicating our money in has been stuck in a conference com- serve in the House and Senate. But no, our schools and in training to make mittee because the Republican leader- the Republican leadership has told us this happen? I don’t think so. ship is unwilling to bring forward any we have no time to consider an in- In the 1950s, we were afraid of the gun safety legislation. Yet we see these crease in the minimum wage. Russians. When they launched Sputnik statistics where literally thousands of Of course, the prescription drug ben- with their advances in science, we Americans are victims of gun violence. efit under Medicare—13 million seniors passed the National Defense Education In my State of Illinois, in the city of in America have no prescription cov- Act. We said: We are going to help kids Chicago, there are now gathering to- erage. across America pay for their college gether summit conferences of leaders I met a woman in Chicago who had a education. We believed that these kids, from communities because of the un- double lung transplant. Her medical once trained, would make America precedented killings which are taking bills are $2,500 a month for the drugs strong so we would not have to worry place—particularly of our children— she needs so her body will not reject about this threat from Russia. with drive-by shootings. Children are these lungs. She can’t afford it. She I know about that program. I was one being killed while lying in bed or sit- has to turn to welfare and to Medicare. of the beneficiaries. I borrowed money ting on the front porch with their par- She lives in a basement with her chil- from this Government to go to college ents. It is becoming too commonplace. dren because, frankly, she has no in- and law school. I hope many people The obvious attitude of the Republican come, no resources. She has had times think that was a good investment. leadership is, there is nothing they are when she didn’t have the money to fill Some may not think so. I paid the willing to do to even try to address it. her prescription, and she has suffered money back. Shouldn’t we do the same

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7498 CONGRESSIONAL RECORD — SENATE July 25, 2000 thing again with a national security amendments. You can move to strike; estly with our friends in the upper education act that says we want to you can move to amend. We are ready river States about their desire to keep train our workers for the future needs to do business. fall water for their recreation industry. in America to make certain they can Let there be no mistake. Let the We want to work out ways to help fill the jobs with Boeing Aircraft in St. American people understand. We are them. We need that late year water to Louis or Motorola in the Chicago area? watching a series of Democratic stall, ensure we keep river transportation so We are not doing that. moves—delay, stall, and block. Some- our farmers have an economical and This Congress won’t address that. It times we call them a filibuster. But environmentally sound way of getting won’t address school modernization. It filibusters don’t need to be people talk- their products to the market. We also won’t address the question of the de- ing on the floor. It can be refusal to need flood control. We have never had duction for college education expenses. allow a bill to come up. It can be fili- them complain about flood control. It won’t address the need to improve bustered by amendments. Basically, it Dams were built in the middle of the teacher skills. That is something we is the Democratic side that is trying to last century, principally to prevent don’t have time for on the agenda of keep the Senate from doing its work. flooding on the lower Mississippi and this Congress. We have lots of important votes. lower Missouri Rivers. Mr. President, Businesses across America look to us They may win; we may win some. The 85 percent of the population in the Mis- for leadership. Families across Amer- Senate has its rules. It permits debate souri River basin lives in the lower ica expect us to create opportunities. and amendment. We are willing to do basin below Gavin’s Point. That Time and again, we have seen instead so and debate a commonsense provision doesn’t include the lower Mississippi efforts by the Republicans in the Sen- that happens to be in this bill to see River which gets that water from the ate to give tax breaks to the wealthiest what the will of the Senate is. Missouri. people in America and to ignore the re- The provision in the bill as reported As with the dams out West, the Fish alities facing our families. I think our out of committee that has existed in and Wildlife Service has a theory that agenda has to be an agenda closer to four previous appropriations bills, pre- we should travel back in time and have the real needs of America. viously signed by the President, is de- rivers that ‘‘mimic the natural flow of I yield the floor. signed to prevent changes to Missouri the river.’’ Dams were built to stop the The PRESIDING OFFICER. The Sen- River management which would in- natural flow because the natural flow ator from Missouri. crease the risk of spring flooding and was flooding many hundreds and thou- sands of acres. It was killing people f bring many dire consequences. I intend to lay out some of the problems and a and damaging billions of dollars of APPROPRIATIONS number of leaders in this country who property. One third of our State’s food Mr. BOND. Mr. President, our col- oppose it. production is in the floodplain of the league from Illinois and others have The provision is very simple. It is Missouri River and the Mississippi talked about the things we have not also very important. The provision is River. In 1994, the Corps of Engineers passed and that they would like to see designed to stop flooding. Out West we proposed to change the river and have passed in this session. But we have a hear the Fish and Wildlife Service is a spring rise. big problem. We have a problem be- now proposing to tear down dams. Here On a bipartisan basis, we commu- nicated our opposition to the Presi- cause the absolutely essential work the Fish and Wildlife Service wants to dent. Twenty-eight Senators rep- that this body must do is being held take action on flow management to resenting States along the Missouri up. The work on appropriations bills pretend that dams don’t exist. They and Mississippi and Ohio Rivers signed that fund the agencies of Government have gone out of their way to try to this letter to the President. The Corps dictate the work of the Corps of Engi- for the next year must be done before went back to the drawing board and the end of the fiscal year—September neers. There are all kinds of proce- began fresh to develop a consensus 30. dures—there are public hearings, there plan. Between then and early this year, Many of the things my colleague has are assessments, there are impact a consensus among the States—with talked about have already been passed statements, and many other things— the exception of Missouri—was devel- and are in conference. But we can’t get required before an agency can take ac- oped that included conservation meas- floor time to do it when we are dealing tion. The Fish and Wildlife Service ures but had no spring rise. with filibusters. The Democratic plan wants to jump over all that and say: The Fish and Wildlife Service, at the has been to stall, delay, and block. Corps of Engineers, you do our bidding. table with the States for years, came We will have an opportunity to vote They sent a letter on July 12 which to Washington, and the next thing we on cloture on the Treasury-Postal bill. said: You must establish a plan to in- know they are insisting on a spring That means cutting off a filibuster. crease spring flooding on the Missouri rise, the will of the States, the com- But that goes through the lengthy River and to cut off the possibility of ments of the people, the overwhelming process of the 30 hours that are re- effective barge transportation, envi- objection of State and local officials quired for debate. ronmentally sound barge transpor- notwithstanding. We are also ready to take up the en- tation in the summer and the fall, af- The Fish and Wildlife Service doesn’t ergy and water appropriations bill. But fecting not only the Missouri River but want public comments. They heard the minority leader has raised objec- the Mississippi River as well. them. They know what the comments tion to that. The Fish and Wildlife Service wants are. Don’t flood us out. The Fish and Energy and water carries many im- to do to the communities, to the States Wildlife Service has no mandate to pro- portant things. It carries funding for along the Missouri River, what the Na- tect people from the dangers of flood- projects that are vitally important to tional Park Service did to the commu- ing. I invite them out the next time we South Dakota—to river States such as nity of Los Alamos when it tried a con- have a spring flood in Missouri to see Missouri, to the Nation, the national trol burn. We don’t need a controlled the devastation, to comfort and con- laboratories in New Mexico, and oth- flood that the Fish and Wildlife Service sole the families who have lost loved ers. has proposed. ones in floodwaters. We lost some this All of these vital appropriations are While we have a lot to debate with year in floods in Missouri. The public being held up because the minority our friends in the upper basin about has gone on record strongly opposing leader is now objecting to a provision the way the river is managed, I never this spring rise. In 1994, the public op- that was included in the bill this year expected they would ever support an posed it, from Nebraska to St. Louis to but has been included in four previous action simply designed to increase New Orleans to Memphis and beyond. bills Congress has sent to the President downstream flooding. As far as I know To prevent the risk of downstream and which have been signed by the in the debates—and they have been vig- flooding in 1995, Congressman BEREU- President. The state of affairs is, we orous debates in the past—that was TER from Nebraska put a provision in are ready for a time agreement. If never their intent. I don’t know what the energy and water appropriations there are objections to particular items the intent now is of the minority lead- bill to block any change in river man- in a bill, we have a process called er. We have fought vigorously and hon- agement that included a spring rise.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7499 The same provision was included again Cape Girardeau, then they are betting frequently-cited experimental releases on in 1996, 1998, 1999, and again by the Sen- on the safety of the hundreds of people the Colorado River in no way compare to the ate subcommittee. As I repeat, this whose lives may be put at danger if situation in Iowa, Nebraska, Kansas and Mis- provision has been adopted by voice they put out a spring release as pro- souri where so many working farms and river communities would be harmed by the vote in the House and has been in- posed. spring rise. cluded in four previous conference re- As I said, I have worked with them An analysis of the flooding that occurred ports, signed by the President four and others. I worked with our upstate along the Missouri River during the spring of times before. upper-river people. I have worked with 1995 showed that, had the spring rise pro- Let me note two additional realities. Senator KERREY, Senator SMITH, Sen- posed by the Fish and Wildlife Service been According to our State Department of ator DOMENICI, and others to fund con- in effect, the level of flooding downstream Natural Resources, not only is this servation efforts that do not imperil would have been even greater. The Corps plan experimental, but it could injure our citizens. These are the ones on could not have recalled water already re- species. I quote from the assistant di- leased hundreds of miles upstream. If the which we ought to be focusing, these current plan is implemented and the state rector for science and technology who are the ones that would be tested, incurs heavy rains during the spring rise, said the plan calls for a significant these are the ones that do not flood us. there is a real risk that farms and commu- drop in flow during the summer. This This is not a partisan issue. It is a nities along the lower Missouri River will will allow predators to reach the is- philosophical issue and it is a regional suffer extensive flooding. lands upon which the terns and plov- issue. Our Governor is a strong Demo- In addition, a spring rise has a detrimental ers—the endangered species—nest, giv- crat. He has sent me a letter, which I effect on Missouri agricultural land. Sus- taining high river flow rates over several ing them access to the young still in will ask be printed in the RECORD, consecutive weeks will exacerbate the prob- the nest. While the impacts on the pal- which outlines very strongly his oppo- lem of poor drainage historically experienced lid sturgeon are more difficult to deter- sition. Governor Carnahan wrote: by farmers along the river. The prolonged mine because we know less about them, An analysis of the flooding that occurred duration of an elevated water table will low flows during the hottest weather along the Missouri River during the spring of limit the productivity and accessibility of may pose a significant threat. In other 1995 showed that, had the spring rise pro- floodplain croplands. The combination of an words, there is a real danger to the en- posed by the Fish and Wildlife Service been increased risk of flooding and damage to vironment and to the endangered spe- in effect, the level of flooding downstream some of the state’s most productive farmland cies. would have been even greater. The Corps poses too much of a risk for the economy and The U.S. Geological Survey is study- could not have recalled water already re- the citizens of Missouri. leased hundreds of miles upstream. If the I support any efforts that would prevent ing what can be done to encourage and current plan is implemented and the state the Corps from initiating the recent proposal protect the habitat for the pallid stur- incurs heavy rains during the spring rise, to initiate a spring rise. Thank you for your geon. I visited them. They do not there is a real risk that farms and commu- continued support in this matter. know—and they are the ones who have nities along the lower Missouri River will Very truly yours, the most expertise; they have been suffer extensive flooding. MEL CARNAHAN. studying—they do not know yet that In addition, a spring rise has a detrimental anything like a spring rise would have effect on Missouri agricultural land. Sus- PROPOSED RIVER CHANGES WILL FURTHER any impact on the pallid sturgeon. taining high river flow rates over several ENDANGER SPECIES consecutive weeks will exacerbate the prob- The U.S. Army Corps of Engineers is cur- They say the jury is still out. I can ex- lem of poor drainage historically experienced plain that better. They don’t know if rently considering changes to the way that by farmers along the river. The prolonged it operates the dams along the Missouri this would protect the pallid sturgeon. duration of an elevated water table will River. These dams control the level of res- We do know that the spring rise will limit the productivity and accessibility of ervoirs and the flow of water in the river increase flood risk. It is totally experi- floodplain croplands. The combination of an from South Dakota to St. Louis. The Corps mental in terms of improving habitat. increased risk of flooding and damage to has to take into account all the users of the The Missouri Department of Natural some of the state’s most productive farmland river and its water and balance the agricul- Resources had a very good argument poses too much of a risk for the economy and tural, commercial, industrial, municipal and the citizens of Missouri. that it may make it more dangerous recreational needs of those living near the for the endangered species. I ask unanimous consent to have river. As part of this review, the U.S. Fish Finally, this proposal by the Fish printed in the RECORD the letter from and Wildlife Service is examining the poten- the Governor and the statement by the tial effect on three endangered species that and Wildlife Service ignores the hard may result from the proposed changes. The and fast and undisputed reality that on Department of Natural Resources. There being no objection, the mate- pallid sturgeon, least tern, and piping plover the lower Missouri we already have a depend on the river and the areas along its spring rise, courtesy of the Kansas rial was ordered to be printed in the banks for their survival. River, the Osage River, the Platte RECORD, as follows: There are three major problems with the River, the Blue River, the Grand River, STATE OF MISSOURI, operations plan proposed by the Fish and the Tarkio River, the Gasconade River, OFFICE OF THE GOVERNOR, Wildlife Service that may actually harm the and others. Jefferson City, MO, July 24, 2000. species rather than help them recover. The Each flows into the Missouri, and Hon. CHRISTOPHER BOND, plan would increase the amount of water U.S. Senate, held behind the dams, thus reducing the when it rains, the Missouri lifts from Washington, DC. amount of river between the big reservoirs the tributaries into its basins. We al- DEAR KIT: I am writing regarding recent by about 10 miles in an average year. The ready have a spring rise. It floods Mis- developments surrounding efforts to revise higher reservoir levels would also reduce the souri regularly. We don’t need another the Missouri River Master Manual. I am es- habitat for the terns and plovers that nest source of flooding to carry out some pecially concerned about proposed plans by along the shorelines of the reservoirs. Fi- experiment that the Fish and Wildlife the Fish and Wildlife Service for a spring nally, the plan calls for a significant drop in Service is trying to conduct at the rise and request your continued assistance in flow during the summer. This will allow peril of our citizens. We cannot stand averting these plans. predators to reach the islands upon which The proper management of the Missouri the terns and plovers nest giving them ac- the Fish and Wildlife Service sending River is critical to the economic and envi- cess to the young still in the nests. While the an additional ‘‘pulse’’ of water down- ronmental health of the state. As you know, impacts on the pallid sturgeon are more dif- stream that will put it above our the July 12, 2000, letter from the United ficult to determine because we know less heads. States Fish and Wildlife Service of the De- about them, low flows during our hottest When they release water at the last partment of the Interior to the Corps of En- weather may pose a significant threat. dam in Nebraska, it takes 12 days to gineers outlined plans for a spring rise of Some advocates of the proposed plan claim arrive in St. Louis. In those 12 days, we 17,500 cubic feet per second. I have consist- that this plan is a return to more natural can experience thunderstorms and ently opposed a spring rise from Gavins flow conditions. However, the proposal would flash floods in the spring, and there is Point Dam as detrimental to the state’s in- benefit artificial reservoirs at the expense of terests and would again like to state my op- the river and create flow conditions that no way to get that water back once it position to the current proposal. Implemen- have never existed along the river in Iowa, is sent down the river. Unless the Fish tation of a spring rise would result in an in- Nebraska, Kansas and Missouri. Balancing and Wildlife Service can predict 12 days creased risk of flooding and would have a the needs of all the river users is com- of weather, or 14 days of weather for negative impact on Missouri farmland. The plicated. Predicting the loss of habitat and

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7500 CONGRESSIONAL RECORD — SENATE July 25, 2000 its impact on the terns and plovers should Missouri River and the Mississippi River be- tend the morning business for at least not be subject to disagreements. tween Memphis, Tennessee and Baton Rouge, 5 minutes so I would have about 10 The Fish and Wildlife Service and Corps of Louisiana. minutes. Engineers need to examine the implications If an amendment is offered to strike Sec- The PRESIDING OFFICER. Without of this proposal and recognize its failure to tion 103, we urge you to vote against it. Re- protect these species. moving this provision would have significant objection, it is so ordered. Dr. JOE ENGELN, impacts on productive agricultural lands as Mr. GRAMS. Mr. President, I want to Assistant Director for Science and Tech- well as the movement of agricultural com- talk a little bit about taxes, as my nology, Missouri Department of Natural modities and input supplies along the Mis- Democratic colleagues have done al- Resources. souri and Mississippi Rivers. ready this morning. I want to go back Mr. BOND. Mr. President, our De- Sincerely, over what the President said on Satur- partment of Natural Resources rep- American Soybean Association, Agricul- day in his weekly radio address to the resentatives are as green and pro-envi- tural Retailers Association, Midwest Nation. Area River Coalition 2000 (MARC 2000), I also had the honor this week to re- ronment as any group around. They be- National Association of Wheat Grow- lieve it is a bad idea. Farm groups op- ers, National Corn Growers Associa- spond to the President’s radio address. pose it. The ports and river transpor- tion, National Council of Farmer Co- But at the time I wrote up the speech, tation and flood control people oppose operatives, National Grain and Feed I had not had an opportunity to see ex- the spring rise. The Southern Gov- Association. actly what the President was going to ernors’ Association opposes the spring say. I assumed he was going to be talk- rise. MISSOURI RIVER FLOW MANAGEMENT ing about taxes this week because that There should be an important con- RESOLUTION is what the Senate concentrated on servation element in any balanced SPONSORED BY GOVERNOR RONNIE MUSGROVE OF last week. But I have now had the op- plan, but balance is not in the Fish and MISSISSIPPI & GOVERNOR MEL CARNAHAN OF portunity to look through the Presi- MISSOURI, APPROVED MARCH 23, 2000 Wildlife Service mandate nor in its dent’s speech. I want to comment on plan. They want to manage a river Whereas, the flow of commerce on the Mis- some of the things the President talked sissippi River is essential to the economic about, now that I have had the oppor- solely for critters. We need to have it welfare of the nation; and managed for people. We cannot have Whereas, the United States Department of tunity to see it. the next flood laid at the doorstep of Agriculture reports that 70 percent of the na- I want to go back to Saturday morn- the Congress that is now considering tion’s total grain exports were handled ing, when the President gave his radio whether to experiment with the lives through Mississippi River port elevators; and address. In his speech to the Nation he and property of millions of people who Whereas, more than one half of the na- said: live along the river. tion’s total grain exports move down the Now we have the chance to pass respon- Some say the President may veto the Mississippi River to Gulf ports; and sible tax cuts as we continue to pursue solid Whereas, free movement of water-borne economic policy. bill, but he signed it four times before. commerce on the Inland Waterway System is If he were to do that, he could answer critical to the delivery of goods to deep- What the President is talking about to the people from Omaha to Kansas water ports for international trade; and is that he is willing to give some kind City to Jefferson City to St. Louis to Whereas, the reliability of adequate flows of tax relief to the American public but Cape Girardeau to Memphis down the for navigation is a key requirement for ful- only the kind the President thinks you delta to New Orleans. fillment of delivery contracts, employment need; not what your family needs or I urge my colleagues to move forward in ports and terminals, and energy effi- not what you are looking at in your on this bill. We can debate this provi- ciency; and budget this month but what Wash- sion, but I believe it is important for Whereas, delays and stoppages would ington, inside the beltway, has deter- threaten the successful implementation of safety. international trade agreements under mined you should have and, by the I ask unanimous consent to have NAFTA and GATT; and way, what amounts you should have. printed in the RECORD letters of sup- Whereas, the Missouri River contributes up But these are targeted tax cuts. In port for this position from the National to 65 percent of the Mississippi River flow at other words, you only can receive these Corn Growers Association, the Amer- St. Louis during low water conditions; and dollars back, or this tax relief, if you ican Farm Bureau Federation, the Whereas, reduction of Missouri River flows do what the President tells you to do. American Soybean Association, the above St. Louis would result in more fre- If you invest here or if you do this or Agricultural Retailers Association, the quent and more costly impediments to the you do that, then you can receive back flow of commerce on the Mississippi River; or be able to keep some of your hard- National Association of Wheat Grow- and ers, the National Council of Farmer Co- Whereas, the reach of the Mississippi River earned money. But if you don’t, Wash- operatives, the National Grain and between the mouth of the Missouri River at ington is going to take it. It is telling Feed Association, the Missouri-Arkan- St. Louis and the mouth of the Ohio River at you what to do, how to spend your sas River Basins Association. Cairo, Illinois is at higher risk for delays and money. I also ask a resolution from the stoppages of navigation because of low-water Then he went on to say: Southern Governors’ Association print- conditions; and Instead of following the sensible path that Whereas, the Northwestern Division of the ed in the RECORD. got us here, congressional Republicans are There being no objection, the mate- U.S. Army Corps of Engineers (USACE) is treating the surplus as if they had won the considering several proposed alterations to lottery. rial was ordered to be printed in the the current edition of the Master Water Con- RECORD, as follows: trol Manual for the Missouri River that We are talking about giving the JULY 24, 2000. would reduce support of water-borne com- money back to the people who earned Hon. CHRISTOPHER S. BOND, merce by restricting the flow of the river it, and by the way, the ‘‘risky, budget- U.S. Senate, during the summer and fall, low-water period busting tax cuts’’ we are talking Washington, DC. at St. Louis; about—that is eliminating the death DEAR SENATOR BOND: We are writing con- Then let it be resolved that the Southern tax and marriage penalty, the unfair cerning an important provision in the fiscal Governors’ Association would strongly op- taxes—would be less than 10 percent of year 2001 Energy and Water Appropriations pose any alterations that would have such an the projected budget surplus. It is less bill. effect and would urge the Corps to consult Section 103 of H.R. 4733 stipulates that with affected inland waterway states prior to than a dime on the dollar, and this is changes in the management of the Missouri endorsing any proposal that would alter the what the President is saying is going River cannot be made to allow for alteration current edition of the manual. to create complete chaos because in river flows during springtime. Removing f somehow we are going to give back to this provision would not only affect farmers the American taxpayer about 10 per- in Missouri, Nebraska, Iowa and Kansas by ORDER OF PROCEDURE cent of the projected surplus. But he potentially flooding their land, but also af- The PRESIDING OFFICER (Mr. says we are acting as if we won it in fect barge traffic movements on the Missouri and Mississippi Rivers. Without proper man- CRAPO). The Senator from Minnesota. the lottery. It is the President and my agement of river flows over the course of the Mr. GRAMS. Mr. President, I ask colleagues on the Democratic side of year, transportation movements could be unanimous consent I be allowed to the aisle who think this is a lottery hampered by insufficient water levels on the speak as in morning business, to ex- that they have won; that the surplus is

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7501 there and they are somehow going to more money from you by twisting you That is the same thing he is doing find the best way of spending it for a little bit harder, they are going to do here: We could have tax cuts, but they you. They are going to determine the that. should be the right ones. In other best way of spending it for you. One of my colleagues earlier this words, if we give the taxes back to the They say we think it is a lottery morning said if you make $75,000 a American people, the overcharge, the when our proposal is to give the money month and you receive through this surplus—we are not even talking tax back to those who earned it, not spend- tax cut another $2,000 a month, would cuts here. That is a misused term. We ing it. Even Alan Greenspan—and that really make a difference? That is are not cutting taxes. What we are try- again we had him before our Banking not for him to decide. These are dollars ing to decide is how much of the sur- Committee last week where we went that somebody has worked for and plus should go back to you, the tax- over the same thing: The surplus is earned. payer, that you have been overcharged. here; what’s the best thing we can do By the way, they are not talking The President said: We could give it with the surplus? Mr. Greenspan says: about how much in taxes this indi- all back, but what if you don’t spend it Pay down the debt. vidual is already paying on that $75,000, right? In other words, you are smart We are paying down the debt. A huge but they are saying: $2,000, what dif- enough to go out and earn your money, amount of these surplus dollars is tar- ference would it make to them? In but somehow you are too dumb to geted to reducing the debt, but also other words, Washington can use it and know how to spend your money, and there is money left that can be and spend it better than they can, so it Washington can do that for you and do should be given back in the form of tax should be no problem that we take it better and do it in these targeted relief. But he said the worst thing we these tax dollars away from them, even programs that are going to help every- could do is what the President is advo- if they are unfair. body. But it will not let you have the cating and my Democratic colleagues Again, the majority of Americans opportunity to spend the money the are advocating. The worst thing, Alan agree, the death tax is unfair. You have way that will best benefit your family. Greenspan said, that we could do is paid all your taxes all your life to ac- Every family is a little different. spend the money. cumulate your estate, and the Govern- Your needs are different from mine and That is what they want to do. They ment wants to come in after you die your neighbors’ or even your brothers’ want to find new ways to spend it—but, and take more than half of it again. It and sisters’ in raising their families. of course, to benefit you. But they is the same with the marriage tax pen- You should have the opportunity to de- want to determine how to spend it, so alty. Because you are married, you are cide how this prosperity, these extra they are going to enlarge Government going to be taxed at a higher rate—on dollars, should be spent. or fatten existing programs. But who is average, per couple, $1,400 per year— What the President is saying is, send going to pay the bill? It is going to be and somehow that is fair. them to Washington, or keep sending taxpayers. If we do not get tax relief Think of it. If someone asked you, this surplus to Washington, and we will today and we allow these dollars to be what is your projected income over the decide what is best for you and how spent to enlarge or fatten the Govern- next 10 years, would you want to sign a best to spend it. ment, who is going to support that contract committing you to spend The President said: In good con- larger, fatter Government tomorrow? every single penny of it right now? The science, I cannot sign one expensive It is going to have to come from pos- President is distorting this whole tax break—again, it is not a tax break; sibly even in an increase in taxes. So if story. We are talking about a surplus, it is an overcharge—after another we miss this opportunity during times the overcharge. We are not talking without coherent strategy. In other of surplus to cut taxes now, you can al- about the base wage which the Govern- words, they want to control how these most bet we are going to be facing the ment is receiving in taxes, but he is extra tax dollars are spent —not you, possibility of tax increases in the near talking about the surplus. taking it out of your control. They future. We should give the surplus back. I want to determine exactly how these We are talking about eliminating un- like to use a story about finding a wal- tax dollars should be spent. fair taxes, and the majority of Ameri- let. Say this family is sitting around The President also says he supports cans agree with this. The marriage their kitchen table. They find a wallet, this marriage tax penalty we passed, penalty and the death tax—even the and it has $1,000 in it. They say: If we but he said it should be a carefully tar- President has called these unfair taxes. take our regular budget and now add geted marriage tax penalty that will The President said in his speech: this $1,000 to it, we can buy that big- cost less. Why will it cost less? Because Taken together, the tax cuts passed last screen TV we always wanted. They say: the President eliminates a great num- year and this year by this Congress would We have the money; we found it. ber of these couples who currently completely erase the entire projected surplus Congress has found this wallet with qualify for the marriage tax penalty. over 10 years. all these surplus tax dollars in it. I was He is saying that if you make too much Of course, he is talking about the taught—and I think most parents con- money, if you itemize, or do not $800 billion tax cut package last year tinue to teach their children today— itemize, somehow you will not qualify. which he vetoed, that is dead and in that if you find a wallet with money in The President says ‘‘targeted.’’ Again the wastebasket, and combines it with it, you should do your best to find the we hear that word ‘‘targeted.’’ When we the cuts we have this year, only 10 per- owner and give it back, not to run with hear that, it means Washington be- cent of the surplus. But he puts them it and say: Oh, we found this money; lieves it can best determine what you together and says Republicans want to how can we better spend it? We can need or what program the Government give it all back. spend this money. can create or how the Government can That is not all bad. It should be given That is what is happening here. spend your tax money. back. We are talking about over- These are overcharges. Would you I want to say one other thing before charges, surpluses. These are dollars spend all your money now? All we are I close, and that is what the President over and above what the Government saying is we should give it back to the said at the end of his speech. I agree has projected to need to carry out all taxpayers so they can decide how to with these last few lines: of its responsibilities. spend it best. The surplus comes from the hard work and We have $1.8-plus trillion earmarked The President said: ingenuity of the American people. We owe it to pay for programs the Government We should have tax cuts this year, but they to them to make the best use of it, for all of has said we need to do. should be the right ones. them and for our children’s future. These dollars are over and above We should have tax cuts, but they I agree with that statement. The that. Taxpayers fund every agency, should be the right ones. The President only thing is we disagree on how to ac- every program, every project, every bu- 2 years ago in Buffalo, NY, said some- complish it. ‘‘The surplus comes from reaucrat in that $1.8 trillion budget. thing to this effect, and I will para- hard work and ingenuity of the Amer- Taxpayers are the most used, abused, phrase it: We could give back all of this ican people. We owe it to them to make and underappreciated people in our so- surplus, but what if Americans do not the best use of it. . . .’’ To me, the best ciety. In other words, if they can get spend it right? use would be to give the surplus back.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7502 CONGRESSIONAL RECORD — SENATE July 25, 2000 We are not talking tax cuts at all. We try if that passed. Seven years ago, of this program. I believe that Bill Clinton are not talking about reducing the rev- this is what we heard from the other will be one of those people. enues Washington needs to run this side of the aisle, Senate Republicans, Well, hundreds of thousands of people Government and its programs. What we from then-Representative WAYNE didn’t lose their jobs; tens of millions are talking about is the surplus. We ALLARD: of people got new jobs. And President owe it to them to make the best use of In summary, the plan has a fatal flaw—it Clinton was reelected. Again, my friend it. That will be in rebating, returning does not reduce the deficit. from Texas was wrong. those dollars to you so you can then Of course, it has reduced the deficit The Senator from Iowa, Mr. GRASS- decide what is best for your family. Is from some $300 billion a year to where LEY: it braces for one of your children, or we now have a surplus. I really do not think it takes a rocket sci- entist to know this bill will cost jobs. dancing lessons? Is it to begin an edu- Senator CONRAD BURNS: cational fund for your child? He is 5 So we are still going to pile up some more Well, my friend from Iowa was years old, and you want to prepare for debt, but most of all, we are going to cost wrong, too. It didn’t take a rocket sci- his college. You will make that deci- jobs in this country. entist. It took people with courage to sion, and you will not have to worry or What the Senator from Montana follow a leader who said: Do this and wait for a Government program and said, in truth and in fact, was wrong. In the economy is going to turn around. then stand there with a hand out ask- fact, over 20 million new jobs have been We did that. We are not rocket sci- ing: Do I qualify, and can I get some of created; over 60 percent of those jobs entists, but common sense dictated if my tax dollars back? are high-wage jobs. Contrary to what we did the things that were in that budget, it would make the economy You will have to wait for somebody the Senator from Montana said, we better. It would set a new course in the in Washington to say yes or no. That is didn’t pile up more debt. We have re- United States for economic viability. not what should be happening. You duced the debt. We have not only cut We followed that lead, and here is should have control over your dollars. down the annual yearly deficit, we where we now are. We all need to pay taxes. We know have actually paid down the debt—not that. There are a lot of good things the My friend CONNIE MACK, with whom I enough, in my estimation, but we have came to Congress in 1982, said in 1993: Federal Government does. We know begun to pay down the debt. that. But Washington should not have This bill will cost America jobs, no doubt Senator HATCH of Utah said: about it. the control of determining how to Make no mistake, these higher rates will Senator WILLIAM ROTH, chairman of spend the additional dollars, the sur- cost jobs. the Finance Committee now, said back plus. Again, not true. I strongly urge the President to sign then: Senator PHIL GRAMM of Texas on Au- It will flatten the economy. our two tax bills that we want to send gust 5, 1993, on the Senate floor: him: the death tax repeal and the mar- Not true. Quite the contrary. My I want to predict here tonight that if we friend from Delaware went on to say: riage tax penalty. I hope the President adopt this bill the American economy is will consider them and, as he said in going to get weaker and not stronger, the I am concerned about what this plan will do to our economy. I am concerned about the last line of his speech—again I will deficit four years from today will be higher what it will do to jobs. I am concerned about read it—we owe it to them to make the than it is today and not lower. . . . When all what it will do to our families, our commu- is said and done, people will pay more taxes, best use of it for all of them. And my nities, and to our children’s future. the economy will create fewer jobs, Govern- opinion is to give it in tax relief. Well, he should not have been con- I thank the Chair. ment will spend more money, and the Amer- ican people will be worse off. cerned. Or if he was concerned, I am f Everything he predicted is the direct sure he feels much better today be- EXTENSION OF MORNING opposite. The economy didn’t get cause everything about which he was BUSINESS weaker; it got stronger. The deficit concerned has been to the good of the Mr. GRAMS. Mr. President, I ask isn’t higher; it is lower. Americans country. The economy is better. It has been better for families and commu- unanimous consent that the period for aren’t paying more taxes; they are pay- nities and the future of our children. morning business be extended until ing less taxes. He said, ‘‘The economy will create fewer jobs.’’ Of course, as I Senator RICK SANTORUM of Pennsyl- 12:30 p.m., with the time equally di- vania: vided in the usual form. have indicated, it created more jobs. ‘‘Government will spend more money.’’ People know it’s bad policy. . . . Let’s do The PRESIDING OFFICER (Mr. something . . . that creates jobs, that really GREGG). Without objection, it is so or- The fact is, the Federal Government will solve the deficit, not just feed this mon- dered. today has 300,000 fewer Federal employ- ster of government with more and more Mr. GRAMS. I yield the floor. ees than it had when this statement money for it to go out and spend more and The PRESIDING OFFICER. The Sen- was made by Senator GRAMM. We have more. ator from Nevada. a Federal Government today that is He was reading a different set of f smaller than when President Kennedy blueprints than everyone else because was President. he was wrong. THE PAST AND THE FUTURE He went on to say in September of Senator STROM THURMOND, longest Mr. REID. Mr. President, in 1993, one 1993: serving Senator in this body, said in of the most interesting times in my . . . [T]his program is going to make the 1993: legislative career was when we in this economy weaker. . . . Hundreds of thousands It contains no real spending cuts to reduce Chamber voted on President Clinton’s of people are going to lose their jobs as a re- the deficit or improve the Nation’s outlook. deficit reduction plan. It was a historic sult of this program. Representative DICK ARMEY, major- vote. Wrong, absolutely wrong; not even ity leader in the House: As the Presiding Officer will remem- close. The program the President asked The impact on job creation is going to be ber, the bill passed the House of Rep- us to vote for, and we did, made the devastating. resentatives by a single vote without a economy stronger. We have had the DAN BURTON, Representative from In- single Republican voting for the Presi- lowest inflation, the lowest unemploy- diana of longstanding, said: dent’s plan. It came to the Senate and ment in more than 40 years. There had The Democratic plan means higher defi- ended up in a tie vote, and the Vice been economic growth as high in the cits, a higher national debt, deficits running President of the United States, AL past but never any higher than we have $350 billion a year. GORE, broke the tie. It was a very dif- had. We hold the record for the longest He was only about $450 billion wrong ficult vote for everyone. In the Senate, period of economic growth in the his- about the deficit. In fact, it has turned as in the House, not a single Repub- tory of this country. around. We have a $100 billion surplus lican voted for the budget plan. PHIL GRAMM went on to state, on an- or more. There were people on the other side other occasion on the Senate floor: JOHN KASICH, with whom I came to of the aisle who told of all the calami- I believe that hundreds of thousands of Congress in 1982, a Representative from ties that would take place in the coun- people are going to lose their jobs as a result Ohio, said:

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7503 This plan will not work. If it was to work, later I became chairman. I was a young friend from North Dakota, Senator then I’d have to become a Democrat . . . man. This was for the largest hospital DORGAN, has said—he uses these one- That is a direct quote. KASICH is re- district in Nevada. It was called the liners—I don’t believe you need an as- tiring from the House this year. Maybe Southern Nevada Memorial Hospital. sault weapon to go deer hunting. If you he is doing it so he can reregister. It is When I came there, over 40 percent of do, you should find another hobby. quite clear that if he is a man of his the seniors who came into our hospital Some of these comments on the gun word, he should become a Democrat be- had no health insurance. In those days, safety issues reflect, I think, what the cause he was wrong in his prediction. when you came to the hospital, you American people really think. It is good once in a while to revisit had your mother, brother, neighbor, or I could talk more, but I think it is history, to talk about what people said somebody else who had to sign and be too bad that we are here in morning will happen, to go back and see what responsible for that bill. If they didn’t business, not able to address some of the record is. pay the bill, just as all hospitals in these very important issues. Let’s look at the record not in 1993, America would do, we would go after One of the issues that tears into my and what has transpired that has you with a vengeance. We would go heart every time I mention this is that turned this economy on fire, but let’s after your wages, your car, your house. we need to do a better job of helping talk about the future. We in the minor- We had a very aggressive collection kids to stay in school. I say to my ity believe in the future. We don’t be- agency that would go after bills of sen- friend from Minnesota, who was a col- lieve in the past, even though once in a iors who did not pay. lege professor before he came here, at while it is important that you look at When I was on the board of trustees, one of the very fine institutions of history. We believe in the future. We Medicare came to be. Bob Dole voted higher learning in America, Carleton believe the future in this country has against that, and he was proud of that. College—and we have lots of them—I been hampered, hindered, slowed down Dick Armey said it was a bad idea. know the Senator from Minnesota got by the majority in the Congress, the Medicare is not a perfect program—far the best students. But there are a lot of Republican House, the Republican Sen- from it—but it has given dignity to the best students who didn’t have the ate. senior citizens because they don’t have opportunity to come to his institution. We believe we should be able to have to beg for health care. When it came A lot of them dropped out of school. up-or-down votes and have a full debate into being, prescription drugs weren’t a We have 3,000 children who drop out without any restrictions. I know we big deal. Prescriptions did not keep of high school every day in America have people who come and say: Sure, people alive. They did not make people and 500,000 a year. Every time a kid you can debate the Elementary and live more comfortable lives. Today, the drops out of school, he or she is less Secondary Education Act, but we are average senior citizen gets 18 prescrip- than they could be. I have tried on the going to limit debate. We want you to tions filled every year. We can’t have a Senate floor, with my friend from New have five amendments, and we will program for senior citizens in health Mexico, Senator JEFF BINGAMAN, to have five amendments. care that doesn’t include prescription pass legislation that would set up in Let’s do it the way we have always drugs. That is part of the future in the the Department of Education a branch done it in the Senate. Let’s bring out Democratic vision. We want prescrip- whose sole function in life would be to the elementary and secondary edu- tion drug benefits in Medicare. We work on the dropout problems we have. cation bill, complete it, vote on it, and want prescription drugs to be more af- The House passed it. Last year, it was go on to something else. fordable for everybody. defeated on a straight party line vote One of the actions we should take There is a stereotype out there that in this body. when we finish the debate on the Ele- someone who gets minimum wage is a I think we need to do something mentary and Secondary Education Act teenager flipping hamburgers at about that. I think we have the luxury is to provide money for modernizing McDonald’s. Over 60 percent of the peo- of doing so. I think we should do some- our schools. We need new schools some ple who draw minimum wage are thing. I know my friend from Min- places. We need to renovate schools in women, and for over 40 percent of those nesota is an expert in this field. I talk other places. This is important for our women, that is the only money they about people having no health insur- children. get for their families—nothing else. ance and people who have health insur- We need to do something about the Minimum wage is not just for people ance treated poorly. What about the health care delivery system in this flipping hamburgers at McDonald’s; it problems we have with mental health country. Forty-five million Americans is for people earning a living, keeping in this country? It is an ignored seg- have no health care. The greatest people off welfare. I think it would be ment of our society. The Federal Gov- power in the history of the world, and nice if we increased the minimum ernment, I believe, has a role and obli- we have 45 million people who can’t go wage. I believe people need dignity gation to do something about the many to the doctor when they are sick. That with work. The minimum wage is one problems facing Americans today, not is an embarrassment. How can Presi- of those things that does just that. the least of which is 31,000 people who dent Clinton go to the G–8 when we I come from the West. I remember kill themselves every year. We have to have 45 million people who have no with fondness that on my 12th birthday better understand that. I wish we were health insurance? I, as a Member of the my parents ordered me a 12-gauge shot- debating some of these issues today. Senate, am not proud of that fact. That gun out of the Sears and Roebuck cata- I didn’t want the day to go by, when number is going up 1.5 million every log. I was 12 years old, and I had a 12- we have time on the floor, without year. Next year, it will be almost 47 gauge shotgun. They paid $28 for it. I talking about some tough votes we million. We don’t even talk about that loved that gun. I still have it. I got the have taken and how important it was anymore. We don’t talk about the un- stock reworked. It was bolt action. I that the 1993 Clinton Budget Deficit insured. have been a police officer and I carried Reduction Act passed, how important We are now talking about a small a gun. I have a lot of guns—a rifle, a it is to the history of this country, and number of people who are insured. We shotgun, pistols. So I understand guns. how well we are doing as a result of are talking about the Patients’ Bill of But I still think it is not a bad idea if that, and how much better we could do Rights. I am glad we are doing that. we have a law so that crazy people and if we could vote on some of these issues But we are ignoring the 45 million peo- felons can’t buy guns. I have outlined today. ple. We need to pass a Patients’ Bill of What have we as Democrats been try- The PRESIDING OFFICER (Mr. Rights so we have doctors again taking ing to do? We have been trying to close ENZI). The Senator from Minnesota is charge of patients, not a clerk in Balti- loopholes, saying that at pawnshops recognized. more determining whether or not and gun shows where there are loop- f someone can have an appendectomy or holes, where criminals and crazies buy an MRI. these guns, we want to close those LET’S DO THE SENATE’S When I was a young man, my first loopholes. We can’t even vote on that. BUSINESS elected job was to the board of trust- They keep stopping us. We don’t have Mr. WELLSTONE. Mr. President, I ees. I was elected to the board, and the opportunity to do that. As my thank my colleague, Senator REID

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7504 CONGRESSIONAL RECORD — SENATE July 25, 2000 from Nevada, for his really fine state- I would like to be out on the floor of and fees just can’t afford it any longer. ment. One of the things I most appre- the Senate introducing legislation and Too many people are not old enough ciate about Senator REID is, his voice passing legislation that would make it for Medicare. Even if they are, they is a quiet voice, but it is a very firm possible for these kids to get the help— can’t afford prescription drug coverage. and strong voice. so they wouldn’t be locked up; so they They are too poor for medical assist- I come to the floor wondering why it could go on and live good lives. ance. Even if they are, it is by no is that on Tuesday morning at 11 There is a piece of legislation I have means comprehensive. They are not o’clock we are in morning business, introduced with Senator DOMENICI lucky enough to work for an employer which means we can’t really do the called the Mental Health Equitable that can provide them with affordable work of democracy. To me, the work of Treatment Act. I think it is shameful coverage. democracy is to focus on issues that that there is for so many people who We also say nationally that we, as a are important to people’s lives and to struggle with mental illness still such national community, we agree there try to make a difference. discrimination in coverage, and their should be good patient protection legis- Mr. REID. If the Senator will yield, illness is treated as if it is a moral fail- lation. we have a very simple situation here. ing when they don’t get the coverage. Mr. DURBIN. Mr. President, will the We in the minority believe we have the When it comes to the stays in the hos- Senator yield for a question? right to have a few judges approved by pital, physician visits, and what bills Mr. WELLSTONE. I would be pleased the Senate. Our dear friend from are covered, the coverage isn’t there. to yield. Michigan, Senator LEVIN, has had a They go without treatment. I would Mr. DURBIN. I thank the Senator for judge pending for 1,200 days and he has like to be on the floor of the Senate his leadership. I say to those listening not even had a hearing. We would like doing the business and work of democ- to this debate that Senator WELLSTONE that person to have a hearing. Senator racy by trying to pass this legislation. of Minnesota has been a consistent HARKIN from Iowa has had a judge My colleague, Senator REID, said voice on the floor of the Senate on the pending who already had a hearing. We that a Patients’ Bill of Rights is just issue of health care. Many of us visit also believe we have some appropria- but one step. I agree with him. I think that issue and believe it is important. tions bills that need to move forward, it is important to people in the country He has dedicated his life in Congress and there are some strings on that. We to make sure that in this health care and the Senate to champion the cause want to work, but there are some system they fit in; to make sure the of good health care for all Americans things that we think, in fairness, we providers fit in; and to make sure that and is recognized nationally for his deserve. As a result of that, things the people who are denied access to leadership on issues such as coverage of have slowed down, which is too bad. care which they believe they need for those who suffer from mental illness. Mr. WELLSTONE. Unfortunately, I themselves and their families have a To put the agenda of the Senate in am well aware of the situation, and, right to appeal when there is some pro- perspective for a moment, because the again, I think we have reached a point tection for them. Senator raises an important question where this is raw politics. People in the I would like to pass meaningful pa- about 40 million Americans who have country this November can decide tient protection legislation. I would no health insurance, and many who are about what direction we should take. A like the floor right now involved in underinsured today, and the fact that calculation can be made that a Presi- that debate. this Congress refuses to even debate dential race is coming up and we don’t I introduced a bill for the Service the issue or discuss the issue when we want to move any judges anymore, Employees International Union. It is a reach out for a good program that Sen- whether it is for the court of appeals or great union. I was at a press conference ator KENNEDY, Senator WELLSTONE, Federal district judges. But when there with Andy Stearn, the president, and and I supported to extend health insur- has been such a long wait, as a Demo- other members of the union. This is a ance coverage to children of working crat, I think it is important that union that knows how to organize families in many States, and reaching Democrats draw the line and insist workers. It is the fastest growing union out in other areas, but we seem to be that some of these highly qualified in America. Probably 70 or 75 percent reluctant to address what most Amer- men and women be able to serve in the of the membership is women. Probably ican families have to address every sin- judiciary. 70 or 75 percent of the membership is gle day—the lack of security, and the I want to very briefly emphasize people of color. It is a piece of legisla- lack of peace of mind when it comes to some of what was said this morning. I tion that I think speaks to the No. 1 health insurance—I would like the Sen- want to be out here on the floor of the concern of people around the country; ator from Minnesota to comment on Senate right now but not in morning that is, health security for themselves the fact that we are in possibly one of business. I would like to be out here and their families. the greatest periods of prosperity in discussing a piece of legislation or with What we basically say in this legisla- the history of the United States. We the ability to introduce an amendment tion is, as a national community, here are talking about surpluses under the to a piece of legislation that would is what we can agree upon—that there budget that may reach $2 trillion. The make a positive difference in the lives should be health care benefits for the only suggestion from the Republican of people in Minnesota and other peo- people we represent that is as good as side of the aisle is that we should use ple in the United States of America. we have in Congress. I am determined $1 trillion of the surplus—almost half I was at a public hearing with Rep- to introduce a resolution and have a the surplus—to give tax breaks to the resentative SHEILA JACKSON-LEE from vote on that proposition that the peo- wealthiest people in America rather Houston. It was in Houston in Harris ple we represent should have the same than addressing working families who County, which I think is about the health security that we have. are uninsured and people who are look- fifth largest county in America. It was In that legislation, we agree nation- ing for the peace of mind by having about the mental health of children. I ally, as a community, that health care some protection when it comes to basic will never forget the testimony of coverage should be affordable; that health care. Matt, who directs the county correc- when you have an income below $20,000, Will the Senator from Minnesota re- tion system. He spoke within a law and you pay 0.5 percent and no more of flect on what we have done on the floor order framework. He made it clear that your annual income; between $25,000 of the Senate over the last 2 weeks in he is a no-nonsense law and order per- and $50,000, you pay no more than 5 the context of what I consider the high son. But he also said people believe percent of your income per year; and priority he has raised? these kids who are locked up are over $50,000 a year, you would never Mr. WELLSTONE. I say to my col- locked up because they have done pay more than 7 percent of your annual league from Illinois that any time he something bad. But the truth is—these income. wants to raise such a question, con- are his statistics—about 40 percent of Part of the problem with health care tinue to do so. He got a little ahead of these kids are locked up because par- is not just the 44 million or 45 million me. This is exactly where I want to go. ents couldn’t get mental help for them. who are uninsured, but all of the people To finish this proposal on this legis- There was nothing available. when it comes to paying deductibles lation and what I like about it—then I

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7505 will talk about this in a broader con- what we can do K through 12, whether deduct and have a credit for quality text—we are saying to States within it would be higher education and day care for their kids; for long-term this framework, go ahead and decide spending for Pell grants, or when it care for their aging parents; for pre- how you want to do this. Once we agree comes to health care, or when it comes scription drug benefits. The Repub- on universal coverage, once we have to a whole range of issues that affect licans focused on the estate tax and a agreed it will be affordable with good people’s lives in this way—if you be- few other taxes. benefits and patient protection for all lieve that there is nothing the Govern- I would like to ask the Senator from citizens, then States decide how they ment can or should do, fine. But that Minnesota to comment on this dis- want to do it—one insurer, the em- philosophy works well when you own tribution chart because we analyzed ployer pays, pay or play, we decen- your own large corporation and you are the Republican tax cut. Who are the tralize. I think it makes all the sense wealthy; it doesn’t work for most peo- winners and who are the losers? The in the world. ple. good news is that everybody gets a tax Then the question is, What is the Talk to veterans about veterans’ cut under the Republican plan. cost? Over the first 4 years, as you health care; talk to families about But look at the tax cut. If you hap- phase it in, it would be $100 billion. If child care; talk to families about pen to make less than $13,000 a year— you are looking at the total cost over health care; talk to families about these are people of minimum wage— 10 years, it would be $700 billion a year. higher education; talk to families the tax cut is worth $24 a year, or two That is not even a third of the pro- about affordable housing; talk to fami- bucks a month. jected surplus. So the question be- lies about how they believe life can be Move up to $12,400 in income. You are comes, What are our priorities? better for themselves and their chil- going to see $82 a year, or about seven I argue, based on conversations and dren. They don’t believe for a moment bucks a month. Now you get up to peo- meetings I have had with Minneso- that there is nothing we can or should ple making $40,000 a year. We are up to tans—some people do not agree with do that would make a difference. Their about $11 a month, or $131 a year. If this point of view, but I say honestly discouragement is all too often that we you are up to $65,000, these folks are that I do no damage to the truth on the don’t seem to be on their side, and we going to see a tax cut of about $16 or floor of the Senate or any other time. don’t seem to be speaking to them or $17 a month under the Republican plan. I hope when we summarize all of the including them. Fast forward and jump with me, if discussions from people about how to We were in morning business at 11 you will, to the top 1 percent of wage reduce poverty, how to have good wel- o’clock this morning. The Republicans earners in America. People making fare reform, how to have a stable mid- don’t want to go forward with Federal over $300,000 a year—people in the gal- dle class, how to make sure our coun- judges. They don’t want to have oppor- lery don’t have to raise their hands— try does well in the international econ- tunities for amendments. They do not folks who are making over $300,000 a omy, how to make sure our children want to have opportunities for debate. year are going to see an annual tax cut have opportunities, how to make sure They do not want to talk about min- from a Republican proposal of $23,000 a we can reduce the violence—over and imum wage. They don’t want to talk year. On average, these people make over and over again, the focus is on a about affordable prescription drug over $900,000 a year, $75,000 a month. good education, good health care, and a costs. They don’t want to talk about And the Republicans have proposed good job. That is on what people are fo- patient protections. They don’t want giving them an additional $2,000 a cused. to talk about health security for fami- month in disposable income. For what? There are two questions. I don’t want lies or about a commitment to early For what? to monopolize the floor. But one of childhood development. They don’t I can tell Members what these work- them has to do with priorities. I think want to talk about a lot of these ing families would do with $2,000 a what happened during the last couple issues. Therefore, I think the Senate is month. It is fairly predictable. They of weeks is, frankly, that there has not doing the work for enough people. would be paying for the kids’ college been a major ideological debate, not, in Mr. DURBIN. Mr. President, will the education. They would be buying some ways, dissimilar to what hap- Senator yield for a question? health insurance to make sure they are pened in 1981. To the extent that you Mr. WELLSTONE. I would be pleased covered. They would be paying for are now going to have new tax cuts dis- to yield. quality day care. They would be taking proportionately benefiting, by the way, Mr. DURBIN. The Senator has come care of an aging parent. That is what people at the very top—I am not to- to this floor repeatedly and discussed working families would do with a tax tally against some tax cuts. In fact, I concerns that I hear in Illinois and break. That is what Democrats sup- think some tax, targeted tax cuts that the Senator from Minnesota hears port. make a lot of sense, especially focused in Minnesota from working families The Republicans say no; give the big- on working families and the priorities and middle-income families trying to gest tax cut to those who are making of our families in the country. But if do their business. They get up and go the most money. The response? Well, you are going to basically erode the to work every morning. They think Senator, you don’t understand. These revenue base, and you are going to say ahead for their children. They want to people are paying too much in taxes. over the next 10 years here is $800 bil- realize and live the American dream. People making under $50,000 a year can lion or $900 billion, no longer from this The Senator in the parlance of politi- use some tax relief, too. They are pay- floor any kind of investment in chil- cians feels the pain of families and ing payroll taxes and facing a lot of dren, education health care, prescrip- their anxieties about their future. It problems every month. tion drug benefits so people can afford appears that the Senate in the last 2 The Republicans, frankly, won’t lis- those benefits, but instead it is going weeks feels the pain of the wealthy ten to this. I want the Senator from to be tax cuts disproportionately help- people in America. Minnesota to comment on this dis- ing those people who are already the For those who think I overstate the tribution chart on his proposals of very top of the economic ladder, then case, this is an analysis of the tax cuts what we could be doing to help working you are doing two things. that have been proposed over the last 2 families across this country. No. 1, there is no standard of fairness weeks in the Senate and the people Mr. WELLSTONE. Mr. President, in terms of who gets the tax relief and who benefit from them. this brings into sharp focus yet an- who gets the help. But even more im- The Republicans proposed that we other issue that should be our priority, portantly than that, you are eroding take over $1 trillion—over half of the that the majority party, the Repub- the revenue base, making it impossible surplus for the next 10 years—and give lican Party, refuses to take up. That is for Government through public policy it in tax cuts to the wealthiest of campaign finance reform. to make a positive difference in the Americans. We analyzed their tax cut I am not making a one-to-one cor- lives of people. package. Democrats support tax cuts. relation between what any Senator If you believe when it comes to edu- The Senator from Minnesota talked says on the floor or how he or she votes cation—whether it be pre-K, whether it about tax cuts so people can deduct the or the position he or she takes on an be affordable child care, whether it be cost of college education; so people can issue. I am talking about the overall

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7506 CONGRESSIONAL RECORD — SENATE July 25, 2000 bias of big money and the way in which on, people ought to be able to make publicans oppose a minimum wage in- it dominates politics. When people see enough of a wage so they can support crease. The Democrats support it and this chart and hear the distribution of their families and give their children the Republicans have stopped us. who benefits and who does not, the the care they know their children need I will give an example. If I’m not mis- benefits are in inverse relationship to and deserve. taken, Governor Bush from Texas, his need. It violates every standard of fair- We are now at the point where we position is States ought to be able to ness people have. People are all for want to have a minimum wage bill on opt out of the minimum wage increase. some tax relief, if it is for families, if the floor; we want to raise the min- That is what he would do. So you it speaks to the concerns of working imum wage. I say to Senator DURBIN, would have certain pockets in the families. 75 to 80 percent of the people in the United States which would not have a This chart is, to most people, a little country believe that is the right thing minimum wage increase. That is cold outrageous. This feeds into the skep- to do. comfort for people who get up and go ticism that people have. Most people Disproportionately, it is women in to work and try to keep things to- would say that is exactly what the ma- the workforce out there every day, peo- gether for their family. But the Sen- jority party is all about. The folks they ple who are working 40 hours a week, ator from Minnesota is correct. The represent are the folks who can; they almost 52 weeks a year, still poor in minimum wage has been plummeting are the heavy hitters. They are the America, and still can’t support their in its buying power. Congress has the contributors, the players, the inves- families. We are going to have an ap- authority to take care of that issue. tors. They are the ones who have the propriations bill out here where we are Congress has refused. clout. They are the ones who hire the going to be raising our wages—and we Instead of dealing with a minimum lobbyists. They are the ones who know don’t do badly—but this Senate, this wage and giving people basically $1 an how, who march on Washington every Republican majority, is not willing to hour increase, which comes out to day. The rest are left out. even entertain a debate and let us vote about $2,000 a year if my math is cor- By the way, all too often, people un- on whether or not we think we should rect, here we decide to give $2,000 a fortunately have that perception of raise the minimum wage. month in tax breaks to people making both parties. What we have seen over These are big issues because they over $300,000 a year. We cannot give the last week or 2 weeks only rein- crucially affect the quality or lack of $2,000 a year to people who work hard forces the skepticism and cynicism quality of the lives of the people we every single day, but we can give folks people have about who gets represented represent. making over $300,000 a year under the in the Senate and who doesn’t. Mr. DURBIN. Will the Senator yield Republican tax break plan, a $23,000-a- I say to my colleague from Illinois, for a question? year tax cut—almost $2,000 a month. there is another issue. The issue is, Mr. WELLSTONE. I will be pleased Those are the priorities. Those are the above and beyond not meeting any to yield. differences. standard of fairness, and above and be- Mr. DURBIN. This chart shows what I think we try our best to feel the yond huge benefits but in inverse rela- is happening to families of three trying pain of working families. The Repub- tionship to need, there is another issue. to survive on a minimum wage. There licans feel the pain of the wealthy, the I believe part of what the majority are lots of people trying to live while pain they must go through every day party is doing—and, by the way, every earning a minimum wage. It usually trying to decide what to do with an- Republican has a first amendment means multiple jobs. There are 350,000 other $2,000 when they have a paycheck right to believe this is the right thing in Illinois alone who get up and go to coming in of $25,000 a month. What an- to do for the country—is essentially work for a minimum wage. They usu- guish, what pain, what frustration it eroding the revenue base, giving away ally have a second job. One of my must be to try to figure out another $1 trillion in money so when it comes friends who works in the Watertower mutual fund or another vacation place. to health security for families, when it Place across the street from the hotel How about the families worried about comes to long-term care for our par- I stay in Chicago—she is a great friend having a few bucks in the bank and ents or our grandparents or when it of mine—is trying to take care of an paying for their kids’ education? comes to how you can help a child so aging mother. She has two jobs. She Mr. WELLSTONE. I say to my col- he or she by kindergarten can come works in a parking garage as an at- league—and I am breaking my promise ready to learn and does not fall behind tendant and then when she gets off on last words, but on the whole issue of and can do well in school, they don’t that job she is a hostess in a res- Governor Bush, talking about compas- believe there is anything the Govern- taurant. This lady works harder than sionate conservatism, I have no doubt ment should be doing. I don’t agree. I most of us who think we are hard he says it with sincerity. I am fond of don’t think most of the people in the workers, and she is working for a little this old Yiddish proverb—I think it is a country agree. I think in that sense bit above the minimum wage. Yiddish proverb—about how you can- that is clearly where the differences What we see on this chart, I say to not dance at two weddings at the same between the two parties make a dif- Senator WELLSTONE, is when we judge time. Frankly, you can talk about ference. what the poverty line is in America, compassion. But the other problem is I am a critic of the timidity of our look what happened in about the year you cannot make a difference unless own party quite often. The differences 1989. All of a sudden the minimum you are willing to, in fact, reach into right now between Democrats and Re- wage fell below the poverty line. Those your pocket and invest some resources. publicans make a real difference in the of us who wanted to make sure people My colleague mentioned minimum lives of people in this country. who get up and work hard every day wage. It occurred to me that one of the I conclude by mentioning another get a decent paycheck and a chance to truly awful things is there are two issue. I want to make sure I don’t do have a livable wage have asked to raise groups of citizens we say we care the this in a cheap shot, bashing way. I the minimum wage from $5.15 to $6.15 most about—let’s talk about compas- don’t want to. There is a bitter irony an hour over a 2-year period of time. I sion—the very young children and the because we will have an appropriations guarantee you will not live a life of elderly, the people who built the coun- bill on the floor—maybe—this week luxury at $6.15 an hour, but you may be try with the strength of their backs, where we will be raising our salaries able to take care of some basic needs who now, toward the end of their lives, and, by the way, what is tricky for me such as school uniforms for the kids, may be struggling because of illness. is our salaries are above the Federal and shoes, maybe a decent place to Think about it for a moment, I say to employees, including support staff who live, a safer and cleaner place to live. my colleague from Illinois. Let’s talk work hard. I am not interested in bash- Yet we cannot seem to get that issue wages and then let’s talk investment. ing away at people. But we are not in- before the Congress. The men and women who take care of terested in raising the minimum wage. Republican leadership—in what has small children, who work in child care, We don’t want to raise the minimum been a departure from the past where or take care of elderly people—either wage for people. If there is one propo- they said this is a bipartisan issue—has home-based care or nursing homes—are sition that people in the country agree now said this is a partisan issue. Re- the most miserably paid workers in our

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7507 country. We devalue the work of adults serious about this, we are going to tax breaks should be available to those who take care of small children. We de- have to make some investment. I can families who want to take care of their value the work of adults who take care think of a better use of $1 trillion over parents and grandparents, who are of the elderly and those people strug- the next decade for our country, the willing to sacrifice. But not on the Re- gling toward the end of their lives. United States of America, than tax publican side. They are more concerned They have the lowest wages and the cuts that disproportionately go to the about this estate tax which, as my col- worst—among the worst—benefits. top 1 percent of the wealthy. I think we league from Minnesota says, dispropor- Raising the minimum wage would can do better for people like my mom tionately helps the very wealthiest help. It would make a difference. So and dad, who are no longer alive today. people in the United States. would affordable health care coverage. And I know we can do better for these Mr. WELLSTONE. Mr. President, I We could make a difference, I say to small children. say to my colleague, I remember the my colleague from Illinois, and we Mr. DURBIN. Will the Senator yield? amendment well because I offered it should. But we do not. Mr. WELLSTONE. I yield. with Senator DODD. But there was one Is there any wonder at the turnover Mr. DURBIN. I say to the Senator, he other important feature to it. It was a in both of these fields? I know in child may recall we asked the Members of refundable tax credit. It was going to care there is a 40-percent turnover the Senate to take their choice, make provide some help for those families every year, because if you graduate a pick, make a decision. That is what who did not come under $30,000, which from school, college, you probably are we are sent here to do, cast a vote. is critically important. going to have a debt. If you want to Senator DODD stood up on day care and I say the same thing about higher work in the child care field, you are said: Shouldn’t we help working fami- education. If we want to do tax credits, looking at a $9-an-hour job maybe with lies who are struggling to find a safe, make sure they are refundable. Again, no health care benefits, or a $7-an-hour quality place to leave their kids when think of our community college stu- job. The same goes for home-based care they are off to work so they can have dents. I have reached the conclusion or for nursing homes. peace of mind and the children can that the nontraditional students have My final point. The problem with grow in a positive learning environ- become the traditional students. I have this chart is that you are talking about ment, a safe environment? reached the conclusion that the major- the top 1 percent getting the lion’s He said: Instead of giving a tax break ity of students today in higher edu- share of all of these tax benefits. You of $23,000 a year to the wealthiest 1 per- cation are no longer 18 and 19 living in are also talking about eroding the rev- cent of Americans, why don’t we talk a dorm. The majority are 30, 35, 40, 45, enue base over the next decade to the about targeting tax cuts so families 50, going back to school, many of them point where, in certain decisive areas can have more of a tax credit to pay for women, many of them with children. of life, we will not be able to make the day care? He took another step the And, again, I can think of a better use investment. I want to shout this from Senator from Minnesota, I am sure, re- of this money than a tax break for the the mountaintop on the floor of the members. Senator DODD said: What top 1 percent of the population. Senate and finish with these words. about those families where the mother, I far prefer to be out here on the floor When it comes to child care, if you for example, decides to stay home and passing legislation which will assure want to talk compassion and you talk raise the kids? Shouldn’t we be encour- affordable higher education, affordable so much about small children and you aging that family? They are making an child care, and make a real investment care so much that there is nurturing economic sacrifice for the good of their in health care than some of these other care and they are challenged and come children. Shouldn’t they have a tax areas. to school ready to learn, this is not break? Mr. DURBIN. If the Senator will going to be done on the cheap. This is I agree with him. My wife stayed at yield before he yields the floor, most of going to require real investment if we home. I am glad she did. I guess we did us in the Chamber are well aware of are serious. not buy all the things we could have in Senator WELLSTONE’s background. When it comes to the elderly—I went life, but we sure ended up with three Having been involved in teaching in through this with my parents. Now I good kids, thanks to her hard work. Minnesota and higher education in his will be critical of us for a moment. I She stayed home and helped raise those professional career before his election, am all for tax credits. It is fine. But kids. he understands, if not better than most both my mom and dad had Parkinson’s. A lot of families make that decision, of us, what higher education is about, We moved them to Northfield. We actu- that economic sacrifice. Shouldn’t our what it offers, and also what it costs. ally lived here and we moved them to Tax Code help those mothers? Frankly, Northfield, MN, to try to keep them at we are going to help you whatever your The Senator from Minnesota raises home. We did. We kept them at home choice. Whether you go to work and another point. We offered an alter- for a long time. It got to the point need help with day care or stay home native to this estate tax break which where we would spend the night with with your children, we are going to comes down to $23,000 a year for the them, our children would, and then we give you tax relief targeted to those wealthiest Americans. We said we are were just exhausted. families. The Republicans said: No, no, going to help for the very first time in I sent a note out. It was the best day that is not a priority. Here is the pri- America working middle-income fami- I ever had teaching at Carelton. I was ority. The priority is giving to people lies. We are going to allow them to de- desperate. I sent a note out to students who make an average income of duct the cost of college education ex- and I said: Here is the situation with $900,000 a year about $2,000 more a penses from their income taxes. It is my parents. My dad in particular, he month to figure out what they are not a major deduction, but it helps. It was from Ukraine, then Russia, and going to do with it. said, for example, up to $12,000 a year speaks 10 languages fluently and I That is the difference. That is what could be deducted, and it would be think you would enjoy him. But we the debate came down to. treated in the 28-percent rate, which need some help. Would anybody be in- The Senator from Minnesota, as he means a little over $3,000 a year. terested in spending the night? talks about long-term care, touches my The PRESIDING OFFICER (Mr. The next day I got 170 letters back heart, too. My mother passed away a THOMAS). The time for the minority from students saying they would be few years ago. Thank goodness, she was has expired. more than willing to help. It was won- able to stay independent for a long pe- Mr. DURBIN. Is anyone seeking rec- derful. Then at the very end he fell and riod of time, usually watching her son ognition on the floor? broke his hip and we no longer could on C-SPAN and calling him in the The PRESIDING OFFICER. Yes, keep them at home. evening to correct him on some of the there is. The Senator from Wyoming. But my point is, home-based care, en- things he said. I understand what fami- Mr. ENZI. Mr. President, I thank the abling people to stay at home as long lies go through when they start mak- senior Senator from Wyoming. I thank as possible, live with dignity, it is not ing these decisions—and they are him for all his efforts in organizing in- done on a tax credit of $3,000. It is a lot heartbreaking decisions—about their formation to be shared with fellow Sen- more expensive than that. But if we are parents and grandparents. We believe ators and with the American public.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7508 CONGRESSIONAL RECORD — SENATE July 25, 2000 BUSINESS OF THE SENATE That is not how it is working. The brought for that bill are not education Mr. ENZI. Mr. President, I am com- longer we push this process, the more amendments. It is all of these other pelled every once in a while to come to it will be a nonvoted mediated expendi- ones that the Democrats would like to the floor to let people know what is ture without looking at the details. vote on and vote on and vote on again happening. I know there are people The amendments are the way the de- because that keeps them as an issue. watching the work of the Senate, and I tails get into this appropriations proc- What we need to do is get some finality know those people do not have, for the ess, and it is not going to happen be- to the education issue. We need to have most part, a program or a scorecard. It cause we are shoving everything back some agreement between both sides is pretty hard to follow the rules of through this process. We are keeping that we will talk about education, that what is going on around here without the appropriations of this Nation from we will make education decisions, that that. being debated. We are not being al- we will make education in this country I make an attempt partly to explain lowed to proceed to the debate on im- better for every student in elementary to myself what is going on and take portant appropriations bills. Instead, and secondary schools. We have to do the opportunity to share it with other we are hearing the rhetoric about how that. That is our obligation. That is people who might be interested and we should have minimum wage, Pa- our assignment. That is what America might be listening. tients’ Bill of Rights, education, and is counting on. Right now, we are in the closing days the other important things on which We can’t get that job done if we keep of a race for the U.S. President. It does we have already worked, on which we going back and making political state- not really have a lot to do with this have already voted that are in con- ments about issues on which we have body; it has a lot to do with our inter- ference committee. Those conference already voted. If there is a vote and action with the administrative branch. committees should be finishing. you want to use it against somebody, Sometimes it is easier for rhetoric to I will tell you what happened on the you can put the spin on it and use it invade the Chambers and to appear to Patients’ Bill of Rights. I am on the against them. You don’t have to have be the most important thing we are conference committee for the Patients’ five votes on the same issue to spin it doing. Bill of Rights. It is one of the toughest that way. That isn’t how elections What we ought to be doing is the ap- jobs I have had in my life. A number of ought to be working in this country, propriations bills for this Nation. We us on the committee have spent from but it does say something about how handle in excess of $1.8 trillion. That is about 1 to 6 hours a day working on it, elections do work in this country. how much we spend on behalf of the and it is largely nonscheduled time. The voters are more discriminating American public. We ought to be debat- When somebody discovers a place than that. They are able to tell the ing that. We are not. We cannot get where there might be a negotiation rhetoric from their desires. As I travel unanimous consent to proceed to a de- breakthrough, we get together and talk Wyoming—and I am back there almost bate on an appropriations bill. We can- about it. We work out words. We meet every weekend—our whole delegation not move forward to talk about the $1.8 with the House folks, and we try to usually goes out on Friday because we trillion of appropriations for this coun- come to a conclusion. don’t have votes here, and we travel try. We did that for months and months. the State. In Wyoming that means by Instead, we have debate on things Yet we hear on the floor of the delay in car. I have traveled 300, 500 miles on a that we have debated, things that have getting the Patients’ Bill of Rights weekend. The average town in Wyo- been decided, for the most part, and, on done. We were making major break- ming is about 250 people. The exciting some occasions, with some finality. In- throughs on the Patients’ Bill of thing about visiting those towns is you stead, we have people in this Chamber Rights. The Democrats in this Cham- get to talk to about 80 percent of the who would rather rehash votes we have ber bailed out of the process and said: people. You get a pretty good feel for already taken and retake them again. I Let’s go back to the original House what your constituents think we ought guess the plot is to put fellow Members version. Sure, we have spent 3 or 4 to be doing. They do think we ought to in a bad light in their constituency: months making important changes in be doing the appropriations process in They have already voted on these this. I don’t think they ever said that detail and getting it wrapped up. issues once, let’s get them to vote on the floor. But we had made 3 or 4 They also think that some of the again, and that will be progress for this months of important changes in major votes we have taken lately are very im- country. You have to be kidding me. areas. We had virtually wrapped up portant from a fairness standpoint. One The appropriations for this country those areas as being much better than of those issues is the death tax. Prac- are the important things that need to either the House or the Senate bill. tically everybody in Wyoming under- come before this body. They are the That is what a conference committee is stands that death is a terrible thing things about which we ought to be about. That is what a conference com- and when you accompany death with a talking right now, and we ought to be mittee is supposed to do. We were in tax bill, it is even worse. That doesn’t talking about them in some detail. the process of doing that. affect everybody in Wyoming. Those Pretty quickly we are going to run out The only thing I can conclude from people understand that the death tax of time. October 1 is the start of the the Democrats going back to the origi- does not affect everybody in Wyoming. new fiscal year for this country, and nal version of the Patients’ Bill of But they see a basic fairness issue that is when we need to have the ap- Rights on the House side was that they where it does affect other people, and it propriations finished. That is when could see we were making progress affects the businesses for which they they start spending next year’s money. that the country would like, and they work. If the small business they work That is when we hope and pray they wanted to keep an issue instead. That for has to sell off part of it for death will be spending it with the conciseness is not how Government is supposed to taxes and can no longer function and all of us envision. be done. That is not the way we are goes out of business, it is their job. When we are relegated to not being supposed to do it. They understand that. It is the same able to proceed on an appropriations We have debated these issues. We are with the farms and ranches in Wyo- bill because we cannot reach unani- working on these issues. But there is a ming and the rest of the country. If mous consent, we cannot debate in de- desire to keep things as an issue in- you have to sell off a significant part of tail. Later, we are going to have to stead of a solution, and I can’t tell the your ranch or farm to pay the death make massive decisions on this money, Senate how much that dismays me. tax, you may not have an economic re- and in fact it is my belief the minority There are a few other bills that could mainder left. When that happens, you would prefer to have the President ne- come up in this process, too. We are don’t have the same culture in this gotiating these things instead of the working on the elementary and sec- country, and you do not have the same way our forefathers envisioned it: that ondary education authorization. It is jobs. People lose their jobs. So they see Congress would come up with the done once every 5 years. The bill has the basic fairness issue of making sure mechanism and the plan and the votes come out of committee. It has been to that death is not a taxable event. to pass appropriations bills that the ex- the floor. We have debated it a few The bill that is out there for the ecutive branch would administer. times. The amendments that are President to make his decision on

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7509 doesn’t say they avoid taxes forever. got, with just a couple of bucks for ex- is time we got on with the business of There is a capital gains tax in it. When penditure. If we just give these out on appropriations and visited with con- there is a sale of the business or a sale all the new ideas for spending pro- stituents about the details of how they of the land, when there is a taxable grams, that is what we will be doing— think this country ought to run. event, it gets taxed. That is how it holding a national lottery. I yield the floor. ought to be. It should not be triggered Mr. DURBIN. Will the Senator yield The PRESIDING OFFICER. The Sen- by death and be a second tax on the for a question? ator from Kansas is recognized. same property. Mr. ENZI. I think your side had time Mr. BROWNBACK. Mr. President, I had a letter from a constituent who and I patiently listened while I was in what is the present order of business? said, if we do the death taxes, isn’t the chair. Your questions turn into The PRESIDING OFFICER. We are in that going to increase the gap between statements. I would like to finish mak- morning business until 12:30. the wealthy and the poor? That is a ing my statement, if I might. f good question. The answer is, no. What What we are turning into is a coun- THE LOOPHOLE IN COLLEGE we are working on is middle America, try that recognizes that the Federal GAMBLING Government can give us everything the workers, particularly the workers Mr. BROWNBACK. Mr. President, I and we forget about where the every- who have been building IRAs and want to make a few remarks on an thing came from. 401(k)s and who have been partici- issue very important to our young stu- It is pretty exciting to get a windfall. pating in the growth of the stock mar- dent athletes, as well as our colleges I figured out—and this is mostly from ket, taking their wage and investing a and universities. It is a piece of legisla- talking to my Wyoming constituents— little bit of it. There are a lot of blue- tion that, if the appropriations con- that when a new program around here collar workers across this country who tinue to be held up on the other side of is proposed, there are people across are now millionaires. They took some the aisle, I think we should consider. this country who benefit from it. of their wages and saved it. They aren’t We should go to this piece of legisla- Maybe they get $1,000. In fact, that in some of the old exclusions we had on tion. death taxes. They are saying: Wait a turns out to be about the average a The legislation is the Amateur minute. I worked my lifetime to save person in one of these programs gets— Sports Integrity Act, which was passed this money. I took some risks to make $1,000. Of course, it employs some dif- out of the Commerce Committee by a this money. I didn’t do it so I could ferent people because they administer 16–2 vote. There was strong bipartisan have a great retirement with a lot of the program, and they get more than support for the legislation and intro- vacation places. I did it so my kids $1,000 a year benefit out of it. They be- duction of the bill. Senator LEAHY and would have a better chance, so that my come the main lobbyists for the new I introduced the bill. Basically, the leg- kids would have some advantages, so program, and they get very excited islation closes the one loophole on col- that my kids would start at a little dif- about getting this new program in lege gambling. ferent level in their job than I started place and spending the money. You Presently, you cannot gamble legally in mine. know, if a person gets $1,000 or more, it in this country on college athletics. I want to make sure death taxes is worth a letter or two—more than You can’t bet on the Road to the Final don’t take it away. If we let middle that, maybe it is worth a trip to Wash- Four, the NCAA basketball tour- America, which by the Democratic def- ington. nament, football and bowl games—ex- inition is anybody who pays taxes—no, So we hear a lot about the impor- cept in one State in the country, and that would be the rich. At any rate, if tance of the new programs and every- that is Nevada. That is what has led to we let middle America keep their thing. What we don’t hear about is the a number of problems we have had of money instead of paying it in death taxpayers saying: Whoa, that isn’t a expanded sports gambling on amateur taxes and move up into a little higher program I like or a program I want to athletics and expanded cases where level, that is the way America has op- fund; that isn’t where I want to put my student athletes have fallen to the erated. That is why virtually all the money. whims of people promising them some people in Wyoming tell me: Eliminate Do you know why we don’t hear as help if they will shave a point or two the death taxes. much from those people? First of all, off the game. So we are trying to close We did that. It is going to be heading they are busy earning the tax money that one loophole in Nevada so it is down to the President to see if he that we spend; secondly, it is only cost- clear that it is illegal to bet on college agrees on it. ing them about a quarter for a new pro- sports in the United States. I hear a lot of the marriage penalty gram. How many letters can you write This bipartisan legislation is in di- in Wyoming. Again, it is a fairness for 25 cents? You can’t. So what we rect response to a recommendation issue. They want the marriage penalty wind up with is a huge lobby for new made by the National Gambling Impact eliminated. The bill we sent down there programs. Study Commission, which last year was not the Senate bill. The Senate bill The President, when he did his State concluded a 2-year study on the impact would have had a lot more marriage of the Union speech, laid out several of legalized gambling on our country. penalty elimination. We went with the billion dollars a minute in new pro- The recommendation called for a ban House version for the most part. We in- grams—new programs—that he would on all legalized gambling on amateur creased it in the lower levels so the like to see done. In fact, there were sports and is supported by the NCAA, marriage penalty among those paying about $750 billion worth of expendi- coaches, teachers, athletic directors, taxes but making the lower amounts tures listed there. Now, we have pro- commissioners, university presidents, would benefit from it and benefit the grams in this country that we are not school principals, and family groups most. That is the way the bill is right funding adequately at the present from across the country. Those groups now that is being sent to the President. time, programs that we have said are are all strongly supportive of this leg- Again, we had a debate; we took the important, such as IDEA, that we bring islation. vote. That issue was resolved. up every once in a while to get addi- In my home State, Roy Williams, the We hear a lot on taxes about the rich tional funding. We don’t do it, but we basketball coach at the University of versus the poor and what we need to do keep looking at new programs. Kansas, considered taking the job at with all the surplus. It is not surplus. There are some things that need to North Carolina but decided against it— It is excess taxes. It is tax money that be done in this country, and the best happily, in my opinion. He is a strong got paid that is in excess of what we way is to get on with the appropria- proponent of this legislation. These are had anticipated and what we had tions process, to work through it in the the people supporting this who know planned to spend. There are a lot of ex- kind of detail it deserves, and to quit about the threat of gambling on ama- citing things we can do with excess. throwing in peripheral things just be- teur athletics. These are the people Everybody wishes they had some. The cause they can be brought up, which who are fighting the problem on the greatest thing would be to win a lot- come with points of order and addi- front lines 24 hours a day. These groups tery. That is kind of an excess sort of tional votes, each taking about an hour support our legislation which will pro- thing, unanticipated money that you and using up the time of the Senate. It hibit all legalized gambling on high

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7510 CONGRESSIONAL RECORD — SENATE July 25, 2000 school and college sports, as well as the are learning, as we have gone through Teens are more than twice as vulner- Summer and Winter Olympic Games. hearings, that you don’t do this on of- able to gambling addictions than The Nation’s college and university fense; you do it on defense. If you want adults because they are prone to high- system is one of our greatest assets. to shave points, it is not that you miss risk behaviors during adolescence; and We offer the world the model for post- the free throw or the shot; you actually Ninety percent of the nation’s com- secondary education. But sports gam- let your player get by you on an offen- pulsive gamblers start at an adolescent bling has become a black eye on too sive move. It is less obvious to the age; many colleges and universities. other people watching that that is According to the Minnesota Council Gambling on the outcome of sporting something that is going on. So actually on Compulsive Gambling, gambling on events tarnishes the integrity of sports people have thought this through quite sporting events is a favorite preference and diminishes the esteem in which we a bit on how you allow shaving to take of teenage gamblers. and the rest of the world hold U.S. place. We are talking about the gateway be- postsecondary institutions. This That is what Kevin Pendergast said havior, the pathological gambling, and amendment would deal with that prob- on this one particular case that broke 90 percent of it starts as teenagers. lem. It would remove the ambiguity 2 years ago. Where does it generally start? One of that surrounds gambling on college In fact, the last two major point the favorite gateways is sports gam- sports and make it clearly illegal in all shaving scandals involved legalized bling. 50 States in the United States. gambling in Las Vegas sports books. Opponents of our legislation have We should not gamble with the integ- The point-shaving scandal involving tried to discredit our efforts by insist- rity of our colleges or the future of our Arizona State University is believed to ing that we should be focusing our ef- college athletes. Our young athletes involve more money than any other forts on curbing illegal gambling, not deserve legal protection from the seedy sports gambling case in the history of legal. I agree that we should be looking influences of the gambling, and fans intercollegiate athletics and involved at ways to help law enforcement and deserve to know that athletic competi- legalized gambling and organized institutions for higher education com- tions are honest and fair. crime. bat illegal gambling. The NCAA has Gambling scandals involving student A study recently conducted by the undertaken numerous steps to combat athletes have become all too common University of Michigan found that 84 gambling among student athletes and over the past 10 years. In fact, there percent of college referees said they stated during the Commerce Com- have been more gambling scandals in had participated in some form of gam- mittee hearing its intention to do even our colleges and universities in the bling since beginning their careers as more. 1990s than in every other decade before referees. Nearly 40 percent also admit- I want to list some of the steps they it combined. These scandals are a di- ted placing bets on sporting events and proposed and are doing. rect result of an increase in gambling 20 percent said they gambled on the They are sponsoring educational pro- on amateur sports. NCAA basketball tournament. Two ref- grams for student athletes, including It was just 2 years ago, during the erees said they were aware of the development of a sports wagering Final Four, that we learned of the spread on a game and that it affected video; partnershiping with several pro- point-shaving scandal at Northwestern the way they officiated the contest. fessional organizations; assisting in University involving their men’s bas- Some reported being asked to fix bringing Federal and local enforcement ketball team. This scandal involved games they were officiating and others officers to camps across the country; both legal and illegal gambling on sev- were aware of referees who ‘‘did not continuing to broadcast antisports eral Northwestern games. Kevin call a game fairly because of gambling gambling through public service an- Pendergast, a former Notre Dame place reasons.’’ Just a few months ago, news- nouncements during NCAA champion- kicker who orchestrated the basketball paper articles from Las Vegas and Chi- ship games aired on CBS and CNN, point-shaving scandal at Northwestern cago detailed how illegal and legal most recently aired 18 times during the University, has stated—and I think gambling are sometime inter- 2000 basketball championship games, this is clear, and it points to where we connected. and will continue to run during cham- have a problem and why this is a prob- I get irritated sometimes at the ref- pionship games this year. lem and something we should take care erees in games. But if I thought there They developed a ‘‘don’t-bet-on-it of. In other States, it is illegal. Here is was anything going on where they were booklet,’’ created in partnership with what the guy who masterminded that gambling on the games and that it was the National Endowment for Financial point-shaving case at Northwestern affecting their calls, imagine how poi- Education to educate students about said: sonous this would be to them and to the dangers of sports gambling and to My relationship with sports gambling con- the integrity of the sport that is tak- acquaint them with good financial tinued off and on and ended with a $20,000 bet ing place. management strategies. placed in a sports book in Las Vegas. This The National Gambling Impact They distributed these to at least was part of three basketball games that have Study Commission Report recognized 325,000 NCAA students. been mentioned by Senator Brownback in the potential harm of legalized gam- The NCAA established policies that the Northwestern point-shaving incident. bling by stating that sports gambling prohibit gambling on professional or The majority of the monies wagered in these ‘‘can serve as gateway behavior for ad- college sports by college athletic per- games were legally wagered in Nevada. And sonnel, student athletes, athletic con- by legally wagered, I mean you walk up to olescent gamblers, and can devastate the sports book and place a bet on one team individuals and careers.’’ Some of its ferences, and NCAA employees. or the other. Now it was obviously illegal be- findings include: They prohibit student athletes from cause of what was going on behind the More than 5 million Americans suffer competing if they knowingly provide scenes, but like I said, the majority of the from pathological gambling; information to individuals concerning monies wagered in this situation were wa- Another 15 million are ‘‘at risk’’ for games. gered in a legal manner in sports casinos in it; and They prohibit student athletes from Nevada. About 1.1 million adolescents, ages 12 competing if they solicit a bet on any That was the big case that broke 2 to 17, or 5 percent of America’s 20 mil- intercollegiate game, or if they accept years ago. He went to a number of col- lion teenagers engage in severe patho- a bet on any intercollegiate team, or if lege athletes and said, ‘‘We are not logical gambling each year. they accept a bet on any team rep- talking about losing the game. Don’t According to the American Psy- resenting the institution, or partici- lose the game. We just want you not to chiatric Association: pate in any gambling activity that in- win it by as much as the margin.’’ Pathological gambling is a chronic volves an intercollegiate athlete That is what we are talking about— and progressive psychiatric disorder through a book maker, or any other the point spread. We will be able to characterized by emotional depend- method employed by organized gam- wager money on the game, and if you ence, loss of control and leads to ad- bling. are ahead by five points and the mar- verse consequences at school and at They have instituted background gin says six on it, just don’t score. We home; checks on men and women basketball

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7511 officials to try to deal with the study pulled off, the Governor can send a let- most serious issues facing the United that I just mentioned by the Univer- ter officially requesting, or the legisla- States—the proliferation of weapons of sity of Michigan about the number of ture can even pass a resolution saying mass destruction and the means to de- referees who have been involved in the request be pulled off the books. liver them. I also want to talk about gambling. Give us a way out to protect the integ- the legislation that Senator The NCAA has been working in part- rity of our universities. TORRICELLI and I have introduced—the nership with the National Association They denied the request. They said China Nonproliferation Act—to address of Student Personnel and Administra- they would not do it because if we this growing threat. tors on implementation of on-campus wanted out, there will be a whole The world is a more dangerous place surveys aimed at obtaining data re- bunch more who want out. Should that today because key supplier countries lated to gambling behavior of college not tell us something right there, as like the People’s Republic of China students. The goal is to enlist 50 insti- well? [PRC] continue to proliferate weapons tutions to participate in the project. I I am a strong advocate of States of mass destruction to rogue states hope the results will be available later rights. However, States rights meet a like North Korea, Iran, and Libya. this year. State’s authority to determine how China has sold nuclear components The NCAA is working with several of best to govern within that State’s own and missiles to Pakistan, missile parts the largest athletic conferences to as- borders; they do not have a right to im- to Libya, cruise missiles to Iran, and sist in the development of comprehen- pact the integrity of Kansas sporting shared a wide variety of sensitive tech- sive research on student athletic gam- events. They do not have the authority nologies with North Korea. bling behavior. They have other pro- to set laws allowing a State to impose Russia has provided nuclear weapons grams they are working with as well. its policies on every other State while assistance to Iran, and missile tech- My point in mentioning all of that is exempting itself. Gambling on college nologies to North Korea. there were charges made at the hearing sports, both legal and illegal, threatens North Korea has provided missile in the Commerce Committee that the the integrity of the game. That threat technologies to a variety of countries NCAA isn’t doing enough. I agree. They extends beyond any one State’s bor- in the Middle East and Africa, and are not. They are not stepping up and ders. openly acknowledges these sales are doing more. That should not be an ex- I realize a ban on collegiate sports one of its main sources of hard cur- cuse for us not doing what is right gambling will not eliminate all gam- rency. here, which is to ban the gambling on bling on college sports. However, as Many of these technologies are being student sports. We shouldn’t be sub- Coach Calhoun stated in his testimony used by rogue states to develop weap- jecting our student athletes to this during the hearing: It is a starting ons of mass destruction and the means type of pressure. point. to deliver them—capabilities which are Opponents have claimed that this is a It is an important starting point. prompting many policymakers and de- state issue, not a federal one. This ar- This is exactly what this legislation is fense experts in this country to call for gument doesn’t hold water. Congress about, a beginning. It will send a clear the immediate deployment of a multi- already determined this is a federal signal to our communities and, more tiered national missile defense system. issue with the passage of Professional importantly, a clear message to our Two years ago,a bipartisan commis- and Amateur Sports Protection Act kids: Gambling on student athletics is sion headed by former defense sec- (PASPA) in 1992. Ironically, while Ne- wrong and threatens the integrity of retary Don Rumsfeld challenged the vada is the only state where legal gam- college athletes. administration by concluding that I believe it is important that every bling on collegiate and Olympic sport- rogue states like North Korea and Iran Senator voting on this legislation ing events occurs, Nevada’s own gam- could develop an ICBM within 5 years should ask him or herself this question: ing regulations prohibit gambling on of deciding to do so. In fact, the Com- Is it unseemly and wrong to bet on any of Nevada’s teams because of the mission reported that: kids? I think so. If enacted, there will potential to jeopardize the integrity of China also poses a threat to the U.S. as a be no ambiguity about whether it is those sporting events. significant proliferator of ballistic missiles, legal or illegal to bet on college sports. If it is good for the goose, it is good weapons of mass destruction and enabling As part of a broader strategy to resen- for the gander. This should be banned technologies. It has carried out extensive sitize the public to the problems asso- everywhere. transfers to Iran’s solid-fueled ballistic mis- During a press conference on my leg- ciated with college sports gambling, sile program. It has supplied Pakistan with a this will make a difference. We should design for a nuclear weapon and additional islation earlier this year I encouraged nuclear weapons assistance. . . . The behav- colleges and universities from across not wait for another point-shaving scandal in order to act. There will be ior thus far of Russia and China makes it ap- the country to ask the Nevada Gaming pear unlikely . . . that either government Control Board to prohibit any wagers another point-shaving case that will will soon effectively reduce its country’s siz- from being ‘‘accepted or paid by any come down. Given the amount of able transfers of critical technologies, ex- book’’ on their respective athletic money—over $1 billion bet each year on perts, or expertise to the emerging missile teams in Nevada. Unfortunately, the college sports—there will be another powers. board refused the NCAA’s request, stat- point-shaving case that will occur. Shortly thereafter, North Korea sur- Mr. President, if the minority, if the ing that ‘‘the same level of protection prised our intelligence agencies by suc- Democrat side, chooses to continue to is already extended within each of cessfully launching a three-stage rock- hold up legislation on appropriations these states.’’ What they failed to men- et—the Taepo Dong I—over Japan, bills, I think this would be a good time tion was that no state, except for Ne- demonstrating the technological know- to go take up this bill. I think it would vada, allows betting on college teams how to hit the United States with a be appropriate. I think it would be a from other states. The frequency of small warhead, and essentially con- good time to take it up. gambling scandals over the last decade firming the Rumsfeld Commission’s as- I yield the floor. sertions. is a clear indication of legal gambling The PRESIDING OFFICER (Mr. of college sports stretching beyond the In July 1999, the Deutch Commission, ENZI). The Senator from Tennessee. which was organized to assess the fed- borders of Nevada, impacting the integ- Mr. THOMPSON. Mr. President, I ask eral government’s ability to address rity of States’ sporting events in other unanimous consent I be given 10 min- WMD proliferation, concluded that: places. utes to speak in morning business. I said to the Nevada Gaming Control The PRESIDING OFFICER. Without The U.S. Government is not effectively or- Board: If you take UNLV off the books, objection, it is so ordered. ganized to combat proliferation, despite the fact that ‘‘Weapons of mass destruction pose allow a way for the University of Kan- f sas and Kansas State University to get a grave threat to U.S. citizens and military forces, to our allies, and to our vital inter- off the books. Let our board of regents A BIPARTISAN RESPONSE TO CHINESE PROLIFERATION ests in many regions of the world.’’ The re- petition the Nevada Gaming Board port also confirmed that China ‘‘is both a that if they don’t want to be on the Mr. THOMPSON. Mr. President, source and transfer agent for passing knowl- books, Kansas State University can be today I want to talk about one of the edge, technology, sub-systems, and entire

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7512 CONGRESSIONAL RECORD — SENATE July 25, 2000 systems to dangerous state and sub-national among countries that have been recipi- Second, in response to the concern actors. ents of missile technologies.’’ Many of that the original bill failed to provide Last September the intelligence com- the rogue states and other countries adequate flexibility for the President, munity released a new National Intel- seeking these weapons of prestige, co- we have made the sanctions against ligence Estimate of the ballistic mis- ercive diplomacy, and deterrence are supplier countries under the act discre- sile threat. This report asserted that working hard to develop an indigenous tionary, as opposed to the mandatory ‘‘during the next 15 years the United capability—which requires the acquisi- sanctions contained in the original bill. States most likely will face ICBM tion of ‘‘dual use’’ items from the in- Third, in response to a concern that threats from Russia, China and North dustrialized countries of the West. individual companies could face man- Korea, probably from Iran, and pos- The public press accounts are equally datory sanctions based on insufficient sibly from Iraq.’’ North Korea could troubling: evidence, we have raised the evi- convert its Taepo Dong-1 space launch New reports since 1997 have detailed dentiary standard for imposing manda- vehicle to deliver a light payload—suf- how Russian entities have provided tory sanctions on companies identified ficient for a biological or chemical—to Iran’s missile programs with speciality as proliferators to give the President the United States. And Iran’s missile steels and alloys, tungsten coated complete discretion in making a deter- program is not far behind. In short, graphite, wind tunnel testing facilities, mination as to whether a company has some rogue states may have ICBMs gyroscopes and other guidance tech- engaged in proliferation activities. much sooner than previously thought, nology, rocket engine and fuel tech- Finally, in response to a concern that and those missiles will be more sophis- nology, laser equipment, machine the original bill captured legal trans- ticated and dangerous than previously tools, and maintenance manuals. actions and legitimate efforts by coun- estimated. North Korea has provided missile tries to pursue their own defense needs, An unclassified CIA report provided technologies and assistance to Iran and we have changed the language to make to Congress earlier this year said that Libya, and is supposedly building a clear that only actions that contribute from January to June of last year missile factory in Sudan for Iraq. to proliferation of weapons of mass de- ‘‘firms in China provided missile-re- All of these events lead to one bot- struction will trigger penalties under lated items, raw materials, and/or as- tom line: That dangers to the United the act. Furthermore, the revised bill ad- sistance to several countries of pro- States exist and are increasing; that dresses additional concerns raised by liferation concern,’’ including Iran, the unfettered sale of ‘‘dual-use’’ and the U.S. business community that U.S. North Korea, and Pakistan. military-related technologies are abet- The report also said that China has ting those threats; and that the prob- firms and workers could be adversely provided extensive support to Paki- lem is being fueled by a few key sup- impacted. The bill now contains a blanket pro- stan’s nuclear and missile programs in pliers like China. vision that protects the agricultural the past, and that ‘‘some ballistic mis- Let me give a brief summary of the revised China Nonproliferation Act. community from any adverse impact. sile assistance continues.’’ In addition, the bill’s penalties apply The U.S. walks a delicate tightrope as Additionally, ‘‘North Korea obtained only to companies of key supplier it balances national security and trade raw materials for its ballistic missile countries, not to U.S. companies and programs from various foreign sources, with China. Free trade and open mar- workers. especially from firms in China.’’; and kets are essential, but the federal gov- We have also made changes to the ‘‘Russia and China continued to sup- ernment’s first responsibility is the congressional review procedure to en- ply a considerable amount and a wide protection of our national security. sure that Congress exercises adequate variety of ballistic missile-related That’s why Senator TORRICELLI and I oversight without overburdening the goods and technology to Iran.’’ have introduced the China Non- Congress. We have raised the bar with Iran has ‘‘manufactured and stock- proliferation Act, which requires an regard to the initiation of expedited piled chemical weapons, including blis- annual review of proliferation, estab- congressional review procedures. We ter, blood, and choking agents and the lishes clear standards, reasonable pen- did this by requiring at least one-fifth bombs and artillery shells for deliv- alties, adequate presidential waivers, of the Member of either House to sign ering them.’’ The report adds that, dur- congressional oversight, and much- onto a joint resolution. We have also ing the first half of 1999, Iran sought needed transparency. exempted the President’s exercise of production technology, expertise, and The goal of this bill is to address the national security waiver authority chemicals that could be used for chem- proliferation of key suppliers like from this congressional review process. ical warfare ‘‘from entities in Russia China, while minimizing any negative In short, the key features of our bill and China.’’ impact on United States businesses or are now consistent with current law ‘‘Throughout the first half of 1999, workers. We received a number of com- and similar to the Iran Nonprolifera- North Korea continued to export bal- ments on the original draft of this bill, tion Act of 2000, which passed the Sen- listic missile-related equipment and and we have made substantial changes ate 98–0 in February. These two laws missile components, materials and in order to address concerns raised by are structured in much the same way, technical expertise to countries in the the administration and others. I’d like with the difference being that our bill Middle East and Africa.’’ In February to take a moment now to set the addresses the supplier of the weapons, of this year, U.S. intelligence officials record straight on what our bill does and the Iran Act addressed a user. indirectly confirmed press reports that and does not do. Under both bills, the President is re- North Korea has delivered to Iran 12 The administration raised four con- quired to supply a report, based on engines that would be critical to Iran’s cerns regarding the original draft of ‘‘credible information,’’ on foreign en- efforts to build extended-range Shahab our bill, all of which have been ad- tities transferring WMD and missile missiles. dressed in the revisions. items. The activities covered in these The next report is due out any day First, in response to the concern that reports are the same, except that the now, and it isn’t much different, I am the bill singled out China, we have Iran Act covers transfers of these items told. broadened the bill to apply to all key into Iran and this bill covers transfers In a hearing before the Governmental suppliers of weapons of mass destruc- of these items out of key supplier coun- Affairs subcommittee on International tion as identified by the Director of tries—the international equivalent of Security, Proliferation, and Federal Central Intelligence. Rather than sin- going after the drug dealers to get to Services last month, Robert Walpole, gling out certain suppliers, this bill ap- the root of a pervasive drug problem. National Intelligence Officer for Stra- plies equally to all countries based on Under both the Iran Act and our legis- tegic and Nuclear Programs, testified their proliferation activities. Those de- lation, the President is authorized, but that the threats to our Nation’s secu- termined to be key suppliers by the not required, to impose sanctions rity are real and increasing. He added DCI will be subject to the act. This against countries violating the act. that the major factors fueling this mechanism allows countries to be The principal difference between our threat are continued proliferation and added or dropped from the list based on bill and the Iran Act is that our bill re- ‘‘increased trade and cooperation their behavior. quires sanctions against the individual,

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7513 company, or government entity, identi- cient and effective. If this is the case, ority. We’ve never acted aggressively fied as a proliferator, whereas the Iran then why is China’s proliferation prob- in the face of these violations, and Act made these sanctions discre- lem not improving? Moreover, why was have never treated nonproliferation as tionary; however, our bill requires a it okay to pass the Iran Nonprolifera- a serious agenda item in our official Presidential determination that the tion Act of 2000, by a vote of 98–0, less dealings with the PRC. proliferation activities have occurred than 6 months ago, and it’s not okay to It is not surprising, then, that the prior to triggering these sanctions, do so now? That legislation was de- White House does not want to see any leaving the President with substantial signed to address a serious problem: legislation considered by the Congress discretion. The development of a credible nuclear which might reflect negatively on its In response to the critics, we are con- weapons and missile program thanks to stewardship of the proliferation prob- fident that these changes will still ful- the direct assistance of the Russians, lem. But that is precisely why this leg- fill our goal of halting proliferation Chinese, and North Koreans. Weren’t islation is needed. This legislation at- from key suppliers like China and send- there enough laws on the books then tempts to enhance congressional over- ing the right message abroad, while re- also? Or does the potential to make a sight by requiring reports from the moving any unintended consequences. buck off the Chinese make it all dif- President on proliferation activities But despite our efforts, opponents of ferent? and his response to those activities, the bill continue to contend that cur- Our bill recognizes the value of a and by creating expedited procedures rent nonproliferation laws are suffi- multilateral approach to the problem for the Congress to consider a joint res- cient and effective, that Chinese pro- and encourages the President to pursue olution of disapproval of the Presi- liferation is under control, and that a multilateral solution. But at the dent’s actions where that is warranted. sanctions never work. They add that same time, we must act. Over the Opponents argue that the congres- diplomacy and ‘‘engagement’’ will years, when the United States has been sional review procedures in our bill are bring the world’s key suppliers around. serious about implementing measures also unwarranted and infringe on the I ask these critics, where is your evi- to signal our displeasure with a foreign rights of the President. However, Con- dence? government’s action, these measures gress has a responsibility here. We do All we need to do is look at the evi- have had an effect. For example, not have the luxury of sitting back and dence to realize that existing legisla- United States economic pressure in the avoiding a matter that involves our na- tion has clearly not been effective, be- late 1980s and early 1990s led to China’s tional security when we see that things cause we continue to receive alarming accession to the Nuclear Nonprolifera- are going in the wrong direction. Our tion Treaty in 1992. In June 1991, the reports of China’s proliferation activi- goal is not to tie up the Senate with Bush administration applied sanctions ties. In a report issued in July of 1998, annual votes on China’s proliferation against the PRC for missile technology the Rumsfeld Commission called China activities, but it is to provide a proce- transfers to Pakistan. These measures a ‘‘significant proliferator of ballistic dure for Congress to exercise its over- led to China’s commitment five missiles, weapons of mass destruction sight role when the President has truly and enabling technologies.’’ Recent re- months later to abide by the Missile Technology Control Regime [MTCR]. failed to respond to these threats. In ports indicate that Chinese prolifera- response to concerns raised by other tion behavior has worsened over the In August 1993, the Clinton administra- tion imposed sanctions on the PRC for Members that the original review pro- past year, and North Korean activities cedure would allow individual Senators remain intolerable, demonstrating the the sale of M–11 missile equipment to Pakistan in violation of the MTCR. to disrupt the business of the Senate, inadequacy of our nonproliferation we have raised the standard to initiate laws. Over a year later, Beijing backed down the expedited procedures to one-fifth of In the last several weeks, on the eve by agreeing not to export ‘‘ground to the Members of either House, more of the Senate’s consideration of PNTR ground’’ missiles if sanctions were lift- for China, and after the House had al- ed, which occurred in November 1994. than that required to initiate a cloture ready voted, it was revealed that China Critics of our legislation also say petition in the Senate. And regardless was assisting Libyan experts with that that the problem is not with the laws, of how the Senate votes, the President country’s missile program, illegally di- it is with the President’s willingness— can still veto the measure. All this pro- verting United States supercomputers or unwillingness—to enforce them. On vision does is ensure that Congress’ le- for use in the PRC’s nuclear weapons this point I would certainly agree. In gitimate role in foreign policy is pre- program, and helping build a second M– the case of Chinese proliferation, the served, that we are made aware of the 11 missile plant in Pakistan. And just Clinton administration has too often proliferation activities of key suppliers last week, Iran successfully test-fired put ‘‘good relations’’ and commerce be- countries and what actions the Presi- its Shahab-3 missile, which is capable fore national security. Time and time dent is taking to deal with this threat, of striking Israel, American troops in again this administration has jumped and Members have the means to fulfill Saudi Arabia, or American bases lo- through hoops to whitewash or make our constitutional duties to ensure cated within the borders of our NATO the problems with China go away. The that America’s security is safeguarded. ally, Turkey. This missile was devel- President himself acknowledged that Other critics of my bill have argued oped and built with significant assist- he has avoided complying with current that we need to hold hearings and sub- ance by the PRC. laws. In April 1998, while speaking to a ject the bill to committee review. Over The classified reports of Chinese pro- group of visitors, he complained about the past four years, the Governmental liferation are even more disturbing. legislation that forces his administra- Affairs Committee alone has held 15 And all we need to do is look at the tion to penalize other nations for be- hearings on proliferation. Over 30 hear- events of recent weeks to see that di- havior that falls short of our expecta- ings have been held by my committee, plomacy alone will not resolve the seri- tions. He went on to say that this cre- the Armed Services Committee, and ous threat to our national security ates pressure for the administration to the Foreign Relations Committee. Fur- posed by proliferation. In the last few ‘‘fudge the facts.’’ I have no trouble be- thermore, this legislation has the full weeks, three senior United States dele- lieving this is true. A prime example is support of the chairman of the com- gations traveled to Beijing to discuss when the intelligence community dis- mittee of jurisdiction, the Foreign Re- these issues. Each was sent back to covered a shipment of Chinese M–11 lations Committee. The issue of pro- Washington empty-handed, under the missile canisters on a dock in Paki- liferation has received a full hearing explicit threat that if the United stan. The President failed to take ac- and it is time to act. In the past, the States continues to assist Taiwan with tion. His justification? He couldn’t Senate has not hesitated to act in an its defensive needs or proceed with our prove that there are missiles actually expedited fashion where a serious own National Missile Defense, the PRC in the canisters. This of course only threat to U.S. interests was involved. will continue to proliferate offensive emboldened the PRC, as evidenced by I find it ironic that some of those weapons and technologies to whomever their recent substantial assistance to members who so eagerly call for hear- it pleases. the Pakistani missile program. ings are the same ones that voted last Opponents also argue that we don’t The Clinton administration has never year for the Food and Medicine for the need more laws—current laws are suffi- made nonproliferation a policy pri- World Act—a sanctions relief bill

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7514 CONGRESSIONAL RECORD — SENATE July 25, 2000 which was offered to the Agriculture nese government is using the United have long been a strong supporter of Appropriations bill without prior hear- States capital markets to fund its pro- free trade. That is why we have asked ings, and was voted for by 70 Members liferation activities and that the for a vote separate from, but in the of this body. This bill significantly af- United States needs to address this context of, the China-PNTR debate all fected our relations with several issue as part of a solution to prolifera- along. We want Members to vote based states, most notably Cuba and the tion. The Deutch Commission study of on their conscience and the right solu- other state sponsors of terrorism. This the threat posed by proliferation stated tion to this serious national security bill would have changed U.S. policy that ‘‘the Commission is concerned issue, not based on parliamentary con- that had been in place for decades, that known proliferators may be rais- cerns or on how such a vote might af- through several administrations, and ing funds in the U.S. capital markets’’ fect the pending trade bill. tightly bound the President’s ability to and concluded, ‘‘It is clear that the But it is essential to address this initiate sanctions against a country. United States is not making optimal issue now. At a time of monumental Moreover, the bill required congres- use of its economic leverage in com- change in our relationship with Bei- sional approval to implement sanc- bating proliferators . . . Access to U.S. jing—when China is asking to become a tions, and did so through the same ex- capital markets . . . [is] among the member in good standing of the global pedited procedures found in our origi- wide range of economic levers that trading community—is it asking too nal bill. Again, I ask what is different could be used as carrots or sticks as much for a fellow permanent member here? part of an overall strategy to combat of the U.N. Security Council to obey Some have even raised the argument proliferation. Given the increasing international rules and norms with re- that the transparency provision in our tendency to turn to economic sanc- gard to the proliferation of weapons of bill is bad and will do great harm to tions rather than military action in re- mass destruction? our capital markets. Why is that trans- sponse to proliferation activity, it is The United States cannot continue parency fine everywhere but in this essential that we begin to treat this this charade of confronting Chinese bill. Whether it be within the govern- economic warfare with the same level proliferation by establishing more ment, campaign finance reform, you of sophistication and planning we de- commissions, holding more hearings, name, it, transparency is fine. But not vote to military options.’’ passing more ineffective legislation, or when we want to let U.S. investors The Cox Commission review of seeking more empty promises from know when a foreign company that United States national security con- Beijing. We are confident that our bi- they have invested in, or are consid- cerns with China also concluded that partisan approach to this serious ering investing in, has been reported by ‘‘increasingly, the PRC is using United threat addresses the problem in a firm, the intelligence community as a States capital markets as a source of responsible, and balanced manner. The proliferator of weapons of mass de- central government funding for mili- United States must send the right mes- struction and the means to deliver tary and commercial development and sage abroad, and as strong proponents them. Is it so bad to let American in- as a means of cloaking technology ac- of free trade, we believe that requires vestors know that their hard-earned quisition by its front companies.’’ The engaging and trading, while estab- dollars might be providing the capital committee also concluded that most lishing a framework for appropriate to support a weapons proliferation pro- American investors don’t know that United States response to China’s ac- gram for North Korea or Libya that they are contributing to the prolifera- tions that threaten this country. We cannot take one approach with- might one day threaten their home- tion threat saying, ‘‘Because there is out the other—not when our national town? We warn Americans that ciga- currently no national security-based rette smoking might be hazardous to security is at stake. review of entities seeking to gain ac- The PRESIDING OFFICER. The their health, that cholesterol might cess to our capital markets, investors Chair recognizes the Senator from Wy- cause heart failure, and that driving are unlikely to know that they may be oming. without a seat belt on could result in assisting in the proliferation of weap- Mr. THOMAS. Mr. President, it is my serious injuries in an accident, but ons of mass destruction by providing understanding we go in recess at 12:30. we’re unwilling to tell them that their funds to known proliferators.’’ The PRESIDING OFFICER. The Sen- pension fund might be helping China It is clear that China has been using ator is correct. ship chemical weapons to Iran? Do we United States capital to fiance its mili- f think Americans aren’t smart enough tary and proliferation activities, and it to make responsible decisions, or are seems that this activity will only in- DICK CHENEY AND NATIONAL we actually afraid that they might do crease in the future. At least 10 Chi- GOVERNANCE just that? nese companies are currently listed on Mr. THOMAS. Mr. President, I want- This is not some stretch of the imagi- United States stock exchanges, and the ed to take a minute today to react to nation. A few months ago, PetroChina PetroChina initial public offering was the news that has been all over, of attempted to raise $10 billion through a test case designed to pave the way for course, in the last few days about the an IPO to finance its operations in additional offerings. China Unicom, the selection of a Wyoming person to be on Sudan, a country that has been listed second largest telecommunications op- the ticket with Governor Bush. We are as a state-sponsor of terrorism. While erator in China, was recently listed on very excited, of course, and very proud this case raised the level of public at- the New York Stock Exchange, and has of Dick Cheney. We think he is cer- tention on this issue, the problem already raised approximately $5 billion tainly a great addition to anyone’s started before PetroChina. The Cali- in its initial public offering, and total ticket for national governance. We fornia Public Employees’ Retirement proceeds of the IPO are expected to ex- think he is a great choice. System (or Calpers) has invested mil- ceed $6.3 billion. Mr. Cheney, of course, was most re- lions of dollars of employee pension These problems have gone cently Secretary of Defense. He moved funds in companies with close ties to unaddressed for too long. That is why to Secretary of Defense from serving the Chinese government and the Chi- we have included a provision regarding Wyoming for nearly 10 years in the nese People’s Liberation Army. Calpers capital market transparency in the Congress, in the House. I was fortunate has invested in four companies linked China Nonproliferation Act. However, enough to be able to replace Dick Che- to the Chinese military or Chinese es- even in light of all of the above, the ney in the House, representing Wyo- pionage: Cosco Pacific, China Re- capital market response is optional. It ming, so I, of course, have followed his sources Enterprise, Citic Pacific, and is merely one of several responses career closely. No one was more ex- Citic Ka Wah Bank. According to the available to the president if a foreign cited than I was when he left to go to Wall Street Journal, American workers company is determined to be a per- Defense. In any event, not only that own $430 billion worth of foreign equi- sistent proliferator. but of course he had worked in the ties through pension funds. In conclusion, let me end by reit- White House. He had worked there as Congressionally mandated commis- erating that our bill is not an attempt an administrative person, finally sions studying the issue of prolifera- to derail the vote on permanent normal worked his way up to be Chief of Staff tion have concluded both that the Chi- trade relations [PNTR] for China. I for President Ford.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7515 So really there is no one who has had things we must do. Unfortunately, Mr. CRAIG. Mr. President, I ask a broader and better experience in Na- there is a history of that. In 1998, in the unanimous consent that the order for tional Government than Dick Cheney. second session, the minority held up the quorum call be rescinded. Perhaps even more important than the education savings account, the pro- The PRESIDING OFFICER. Without that, this is a person who is a real per- tection of private property rights, objection, it is so ordered. son. I am sure all of us get a little ex- product liability reform, NATO expan- f asperated from time to time in poli- sion, the Human Cloning Prohibition MORNING BUSINESS tics, where it seems almost everything Act, funding for the Treasury Depart- is spinning the issue, particularly in ment—all in the effort to use that le- Mr. CRAIG. Mr. President, I ask election times. You hear things. Some- verage. unanimous consent that the Senate be one asks a question and the question is Last year, of course, we had the ob- in a period for morning business until never answered because they spin off struction of the Social Security the hour of 3 p.m., with the time equal- into something that is entirely dif- lockbox—six times. We would go back ly divided in the usual form. ferent to be advantageous to them- to the same six times to make an issue The PRESIDING OFFICER. Is there selves. Not Dick Cheney. Dick Cheney out of it. Ed-Flex, the idea of giving objection? is a guy who is real. He is a guy just more flexibility to education and let- Mr. DORGAN. Mr. President, by pre- like the rest of us. He grew up in ting people on the ground, in the vious order, I am recognized for the Caspar, WY; went to school there. So States and on the school boards, have next 20 minutes. The Senator from all of us, including the Presiding Offi- more determination as to what was Idaho wishes to deal with the 20 min- cer here, from Wyoming, are very done there, and bankruptcy reform— utes following that; is that correct? proud of Dick Cheney and very pleased still in limbo. Mr. CRAIG. Yes. The Senator from that he will be a part of this campaign, We had delay in such critical issues Idaho asks unanimous consent that the hopefully of governance in this coun- as the elementary-secondary education unanimous consent request he just try. bill. That is something that ought to made become active immediately fol- Finally, for a couple of seconds I be moved. Marriage penalty tax relief— lowing the time of the Senator from would like to say how disappointed I it took a very long time. You can make North Dakota. am that we are not moving forward, decisions on things, but to try to The PRESIDING OFFICER. Without doing the business of the people of this change it by avoiding moving forward objection, it is so ordered. country. We are down to where there is a very destructive kind of operation. Under the previous order, the Sen- are 4 days left this week, less than That is where we find ourselves right ator from North Dakota has the next 20 that, actually—a week when we had now, unfortunately. minutes. The Senator from North Da- hoped to do, probably, three appropria- The Ed-Flex bill, as I said, had to kota is recognized. tions bills. We go out, then, in August have five votes before we could break f for recess, come back in September, that. The lockbox legislation to pro- UNFINISHED BUSINESS ON probably have less than 20 working tect Social Security, we went over and SENATE AGENDA days to accomplish the business of this over that. country. Much of it is the idea somehow if we Mr. DORGAN. Mr. President, I was Whether you like it or not, one of the can put everything off until after the listening to some of the discussion this major features of the Government is first of the year, there will perhaps be morning before the Senate broke for the appropriations process. It is deter- another opportunity to do something the party lunches. I was especially in- mining what money is spent for, what different. terested in a couple of presentations programs are given priorities. Of I think it is time for us to adjourn. I about the progress some think the Sen- course, that is what the appropriations yield the floor. ate has made in this Congress, and process is all about. We are talking Mr. DORGAN. Parliamentary in- about why they believe the Senate is about $1.8 trillion, almost $700 billion quiry, Mr. President? not making progress today or this of that being in appropriated funds. So The PRESIDING OFFICER. The Sen- week. our responsibility is to do that. Now we ator will state it. It reminds me of the story of the fly find ourselves being held up from going Mr. DORGAN. Mr. President, I am that landed on the nose of an ox. The forward. I understand there are dif- wondering, the Senate reconvenes at 2 ox, with the fly on its nose, went out ferences of opinion. That is what this is o’clock by previous order today, is that for the entire day and plowed in the all about. There are supposed to be dif- correct? field. They came back to the village at ferences of opinion. But there is also a The PRESIDING OFFICER. At the night, and the villagers began applaud- way to deal with those without holding hour of 2:15. ing. The fly, still on the nose of the ox, up the progress of the entire Congress Mr. DORGAN. Mr. President, I shall took a deep bow and said to the vil- and ignoring the things we are de- not ask to extend morning business. lagers: We’ve been plowing. signed to do, often simply to make an But I ask consent I be recognized at That is sort of what I heard this issue. 2:15 for 20 minutes of morning business. morning—we’ve been plowing—when, We find ourselves, unfortunately, in The PRESIDING OFFICER. Without in fact, this Senate, as all of us know, Presidential years more interested in objection, it is so ordered. has not done the work we should have creating issues than we are in creating f been doing for the American people. solutions. I think that is too bad. Obvi- I thought it would be interesting to ously, issues are important. Obviously, RECESS describe what the agenda should have differences of view are important. Ob- The PRESIDING OFFICER. Under been and what we have done. viously, there is generally a consider- the previous order, the Senate will I will talk about some of the issues able amount of difference between the stand in recess until the hour of 2:15 with which most Americans believe the views on the other side of the aisle, the p.m. Congress should be dealing: Common minority, and the majority. The minor- Thereupon, at 12:31 p.m., the Senate sense gun safety. For those who might ity, of course, is generally for spending recessed until 2:15 p.m.; whereupon, the be listening, I’m not talking about gun more money, having more Government. Senate reassembled when called to control; this is not in any way going to They see the role of the Federal Gov- order by the Presiding Officer (Mr. abridge people’s Second Amendment ernment expanded greatly, where most BROWNBACK). right to own guns. This legislation of us on this side are more interested The PRESIDING OFFICER. In my will, however, close a loophole in the in holding down the size of govern- capacity as a Senator from the State of law that allows people to purchase ment, moving government closer to the Kansas, I suggest the absence of a guns at gun shows without having to people and the States and in the coun- quorum. get an instant check. ties and that sort of activity. The clerk will call the roll. If you buy a gun in this country in a It is discouraging when they use that The assistant legislative clerk pro- gun store, you must have your name leverage of basically shutting down the ceeded to call the roll. run through an instant check system

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7516 CONGRESSIONAL RECORD — SENATE July 25, 2000 to find out whether you are a felon. right to know all of his or her options derstand the fundamental flaws of the Nick- That makes good sense. We should not for medical treatment, not just the les bill, I am enclosing a copy of an analysis sell guns to felons. The instant check cheapest option. It says that if you of the Senate patient’s bill of rights that was added to the FY 2001 Labor/HHS legislation. system helps identify if someone trying have an emergency and go to an emer- This Senate legislation eliminates vir- to buy a gun at a gun store has been gency room, you have a right to care in tually any meaningful remedy for most previously convicted of a felony and that emergency room. It says that if working Americans and their families therefore should not be sold a weapon. you have cancer and your employer or against death and injury caused by HMOs. But guess what? Go to a gun show on your spouse’s employer changes health Please read the analysis by Professors a Saturday somewhere and you can buy plans, you have a right to continue see- Rosenbaum, Frankford, and Rosenblatt as to a gun without an instant check being ing the oncologist who has been help- why the Nickles bill is worse than the status done. This does not make any sense. quo! ing you to fight that cancer. But we Sincerely, We want to close that loophole. We do can’t get a Patients’ Bill of Rights en- GREG GANSKE, not want to be selling guns at a gun acted because when it comes time to Member of Congress. show to a convicted felon. Yet we can- say who you stand with—the patients not get this common sense piece of leg- who ought to have certain rights or the JULY 6, 2000. islation enacted in this Congress be- big insurance companies that in too HOUSE OF REPRESENTATIVES, cause it is considered radical or ex- many cases have denied those rights— Rayburn House Office Building, treme by some. It is a very simple Washington, DC. too many Senators say: We stand with DEAR SIR: At your request we have re- proposition: Close the gun show loop- the insurance companies. viewed the Senate patients’ bill of rights leg- hole to prevent felons from buying The last time we debated this issue islation that was inserted into the FY 2001 guns. We should get that done. on the floor, about a month ago, my Labor/HHS legislation last week. Or what about the Patients’ Bill of colleague from Oklahoma, Senator Rather than expanding individual protec- Rights? Every day 14,000 patients are NICKLES, offered an amendment that he tions, the measure would appear to undo denied needed medicines; 10,000 are de- called a Patients’ Bill of Rights. He ac- state law remedies for medical injuries nied needed tests and procedures in caused by managed care companies’ treat- complished his purpose, I suspect, be- ment decisions and delays. In this regard, this country. But we cannot pass a de- cause the next day the paper said the the bill runs directly contrary to United cent Patients’ Bill of Rights because, Senate passed a Patients’ Bill of States Supreme Court’s reasoning in its re- in this Congress, we have people who Rights. However, what the Senate real- cent decision in Pegram v. Herdrich, which stand with the big insurance companies ly passed was a ‘‘patients’ bill of seems to reaffirm the authority of states to rather than standing with patients. goods,’’ not a Patients’ Bill of Rights. determine medical liability policy, and un- I know it is inconvenient to some to I thought it interesting that Dr. derscores the appropriateness of state courts hear about specific patients who have as the forum for medical liability cases. GANSKE, a Republican Congressman, The displacement of state medical liability been denied needed care by their HMOs. wrote this letter: law in favor of a new federal medical liabil- I have talked about these patients at Heaven forbid that any member of Con- ity remedy might have some policy validity, great length in the past because these gress would ever vote on a bill they haven’t were the new law fair and just. But the rem- folks are what the Patients’ Bill of had time to read! Heaven really forbid that a edy set forth in the Senate bill is com- Rights is all about. It is about the member would vote on a bill that their staff promised by an unprecedented range of limi- woman who fell off a 40-foot cliff while hasn’t seen! tations, exceptions, and defenses and appears she was hiking in the Shenandoah Yet, that is exactly what happened two to leave injured persons with no remedy at weeks ago on the floor of the Senate when all. Mountains. She fell 40 feet, broke sev- the Nickles HMO amendment was brought up In sum, in the name of patient protection, eral bones and was hauled unconscious for a vote. the Senate legislation appears to eliminate into a hospital emergency room on a People are just now beginning to realize virtually any meaningful remedy for most gurney. After surviving her life-threat- what was in that legislation. To help you un- working Americans and their families ening injuries, she was told by her derstand the fundamental flaws of the Nick- against death and injury caused by managed managed care organization that it les bill, I am including a copy of an analysis care companies. would not cover her medical care in the of the Senate’s patient’s bill of rights that CONCLUSION was added to the FY 2001 Labor/HHS legisla- The central purpose underlying the enact- emergency room because she didn’t tion. have prior approval to go to the emer- ment of federal patient protection legisla- This Senate legislation eliminates vir- tion is to expand protections for the vast gency room. This is a woman who was tually any meaningful remedy for most majority of insured Americans whose health hauled into the emergency room un- working Americans and their families benefits are derived from private, non-gov- conscious. That is the sort of thing against death and injury caused by HMOs. ernmental employment, and who thus come people are confronting these days. This is Dr. GANSKE, a Republican within the ambit of ERISA. Not only would Senator REID and I had a hearing in Congressman, making this reference to the Senate measure not accomplish this Nevada on this subject. At that hear- the Nickles bill. He then includes a goal, but worse, it appears to be little more ing, a woman stood up and talked rather lengthy analysis. than a vehicle for protecting managed care about her son. Her son is dead now. He Mr. President, I ask unanimous con- companies from various forms of legal liabil- ity * * * died last October at 16 years of age. He sent to print Dr. GANSKE’s letter and was battling cancer and needed a spe- the analysis in the RECORD. * * * * * cial kind of chemotherapy to give him There being no objection, the mate- By classifying medical treatment injuries as claims denials and coverage decisions gov- a chance to save his life. Unfortu- rial was ordered to be printed in the erned by ERISA, the Senate bill insulates nately, his insurance company denied RECORD, as follows: managed care companies from medical li- him this care. He not only had to bat- JULY 13, 2000. ability under state law. tle cancer, but he also had to battle the Hon. BYRON DORGAN, Section 231 of the Senate bill amends insurance company that wouldn’t cover U.S. Senate, Hart Senate Office Building, ERISA § 502 to create a new federal cause of the care he needed. His mother held up Washington, DC. action relating to a ‘‘denial of a claim for benefits’’ in the context of prior authoriza- a very large picture of her son at the DEAR SENATOR DORGAN: Heaven forbid that any member of Congress would ever vote on tion. The bill defines the term ‘‘claim for hearing and, with tears in her eyes, she a bill they haven’t had time to read! Heaven benefits’’ as a ‘‘request * * * for benefits (in- cried as she told us: As my son lay really forbid that a member would vote on a cluding requests for benefits that are subject dying, he looked up at me and said, bill that their staff hasn’t seen! to authorization of coverage or utilization Mom, I just don’t understand how they Yet, that is exactly what happened two review) * * * or for payment in whole or in could do this to a kid. weeks ago on the floor of the Senate when part for an item or service under a group Kids who are battling cancer ought the Nickles HMO amendment was brought up health plan or health insurance coverage of- not have to battle the insurance com- for a vote. The Norwood-Dingell-Ganske bi- fered by a health insurance issuer in connec- panies or HMOs. Yet that is what is partisan Consensus Managed Care Reform tion with a group health plan.’’ ERISA Act of 1999 had been public for months before § 503B, as added. Thus, the bill would classify happening too often in this country. the House voted. Not so with the Nickles prior authorization denials as ‘‘claims for We propose to pass a Patients’ Bill of HMO bill. benefits’’ that are in turn covered by the new Rights that is very simple. It says People are just now beginning to realize federal remedy. Federal remedies under every patient in this country has a what was in that legislation. To help you un- ERISA § 502 preempt all state law remedies.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7517 This classification would have profound ef- preempted, leaving individual physicians, majority of insured Americans whose health fects, particularly in light of the Supreme hospitals, and other health providers as the benefits are derived from private, nongovern- Court’s recent decision in Pegram v. Herdrich. sole defendants in state court. Under the mental employment, and who thus come As drafted, the Senate bill arguably would complete preemption theory of § 502, rem- within the ambit of ERISA. Not only would preempt state medical liability law as ap- edies against managed care virtually impos- the Senate measure not accomplish this plied to medical injuries caused by the sible standard to prove and particularly goal, but worse, it appears to be little more wrongful or negligent withholding or nec- egregious in light of the fact that plaintiffs than a vehicle for protecting managed care essary treatment by managed care compa- cannot even bring such an action unless they companies from various forms of legal liabil- nies. The bill thus would reverse the trend in have gotten a reversal of the denial at the ity under current law. Viewed in this light, state law, which has been to hold managed external review stage. Even where they have Congressional passage of the Senate bill care companies accountable for the medical proven that a company wrongfully withheld would be far worse than were Congress to injuries they cause, just as would be the case treatment, plaintiffs can recover nothing for enact no measure at all. for any other health provider. their injuries without taking the level of Mr. DORGAN. We cannot get a real In recent years courts that have considered proof far beyond what is needed to win at the the issue of managed care-related injuries Patients’ Bill of Rights passed. How external review stage. Virtually all injuries about a Medicare prescription drug have applied medical liability theory and would go uncompensated. law to managed care companies in a manner A plaintiff will be forced to show ‘‘substan- benefit? Well, we are not able to get similar to the approach taken in the case of tial harm’’, defined in the law as loss of life, that done either. We have been busy hospitals. Thus, like hospitals, managed care significant loss of limb or bodily function, providing tax cuts, an estate tax repeal companies can be both directly and vicari- significant disfigurement or severe and and a change in the marriage tax pen- ously liabile for medical injuries attrib- chronic pain. This definition arguably would alty. The head of OMB said yesterday utable to their conduct. In a managed care exclude some of the most insidious injuries, that, under the recent tax proposals context, the most common type of situation such as degeneration in health and func- passed by the majority party, the top 1 in which medical liability arises tends to in- tional status, or loss of the possibility of im- volve injuries caused by the wrongful or neg- provement, that a patient could face as a re- percent of the income earners in this ligent withholding of necessary medical sult of delayed care, particularly a child country will get more tax cuts than treatment (i.e., denials of requests for care). with special health needs. In Bedrick v. Trav- the bottom 80 percent combined. State legislatures also have begun to enact elers Insurance Co., the managed care com- This explains why the upper income legislation to expressly permit medical li- pany cut off almost all physical and speech folks, those with the largest estates ability actions against managed care compa- therapy for a toddler with profound cerebral and the highest incomes, rally around nies. The best known of these laws is medical palsy. The Court of Appeals, in one of the these tax cut proposals. There should liability legislation enacted in 1997 by the most searing decisions ever entered in a state of Texas and recently upheld in rel- really be no difference between the par- managed care reversal case, found that the ties on the estate tax. Those of us in evant part against an ERISA challenge by company had acted on the basis of no evi- the United States Court of Appeals for the dence and with what could only be described the minority believe we ought to repeal Fifth Circuit. as outright prejudice against children with the estate tax for family farms and In Pegram v. Herdrich, the Supreme Court disabilities (the managed care company’s small businesses and allow a reason- implicitly addressed this question of whether medical director concluded that care for the able accumulation of wealth for a fam- managed care state liability law should baby never could be medically necessary be- ily. We said if you have up to $4 mil- cover companies for the medical injuries cause children with cerebral palsy had no lion, you should pay no estate tax. For they cause. The Court decided that liability chance of being normal). issues do not belong in federal courts and a family farmer or small business, you The consequences of facing years without can have assets up to $8 million and strongly indicated its view that in its cur- therapy were potentially profound for this rent form ERISA does not preclude state law child: the failure to develop mobility, the pay no estate tax at all. But that actions. It is this decision that the Senate loss of the small amount of motion that the wasn’t good enough for the majority. bill would appear to overturn. child might have had, and the enormous The majority party said, we must also In Pegram, the Court set up a new classi- costs (both actual and emotional) suffered by fight to eliminate the tax burden on fication system for the types of decisions the parents. Arguably, however, none of made by managed care organizations con- the estates of the Donald Trumps of these injuries falls into any of the categories tracting with ERISA plans. The first type of America who will die with half a bil- identified in the Senate bill as constituting decision according to the Court is a ‘‘pure’’ lion or a billion or several billion dol- ‘‘substantial harm.’’ eligibility decision that, in an ERISA con- The maximum award permitted is $350,000, lars. At what price? What else could we text, constitutes an act of plan administra- and even this amount is subject to various do with the money that the majority tion and thus represents an exercise of types of reductions and offsets. This limita- wants to use to relieve the tax burden ERISA fiduciary responsibilities. Remedies tion on recovery will make securing rep- on the wealthiest estates in America? for injuries caused by this type of determina- resentation extremely difficult. Perhaps we could use it to reduce the tion would be addressed under ERISA § 502 No express provision is made for attorneys Federal debt. It seems to me that is (which of course currently provides for no fees. Were the new right of action to be in- probably a better priority than pro- remedy other than the benefit itself). terpreted not to include attorneys fees this The second type of decision is a ‘‘mixed’’ viding a tax cut for the estates of bil- would be a radical change in the ERISA stat- eligibility decision. While the Court’s classi- lionaires. Or we could use the money ute, and one that would create a massive fication system contains a number of ambi- barrier to use of the new purported ERISA for a prescription drug benefit for guities, it appears that in the Court’s view, remedy. To mount a case proving bad faith Medicare, perhaps for school mod- this second class of decision effectively oc- denial of treatment that caused substantial ernization, or to hire more teachers to curs any time that a managed care company, injury is an enormously expensive propo- lower class sizes. There are a whole se- acting through its physicians, exercises med- sition. The limitations on is enormous. In ical judgment regarding the appropriateness ries of proposals that might represent a Humana v. Forsythe the United States Su- of treatment. Such decisions, as medical de- better alternative than deciding we preme Court held RICO applicable to a man- cisions rather than pure eligibility decisions, must use this revenue to relieve the aged care company that had systematically are not part of the administration of an tax burden on the largest estates in defrauded thousands of health plan members ERISA plan and thus not part of ERISA’s re- out of millions of dollars in benefits by sys- this country. medial scheme because, according to the tematically lying to members about the pro- Is a prescription drug benefit in the Court, in enacting ERISA, Congress did not portional cost of the treatment they were Medicare program important? It is intend to displace state medical liability being required to bear (the policy was a typ- quite clear that if we were creating the laws. The Court thus strongly indicated that ical 80/20 payment policy, but because of se- Medicare program today, we would pro- these claims are not preempted by ERISA cret discounts that were not disclosed to and may be brought in state court. In the vide coverage for prescription drugs members, group policy holders in many cases Court’s view, these mixed decisions represent through Medicare. Senior citizens were paying for the majority of their care). a ‘‘great many, if not most’’ of the coverage make up twelve percent of our popu- This is racketeering, pure and simple, and decisions that managed care companies thus represents a classic type of RICO claim. lation, but they consume one-third of make. all the prescription drugs used in this The Senate bill would appear to reverse To use a patient protection bill potentially to insulate managed care companies against country. They reach a period in their Pegram by effectively classifying all prior life where they need to maintain their authorization determinations as § 502 deci- these types of practices is unwise at best. sions, without any regard to whether they CONCLUSION health, and miracle drugs that did not are ‘‘pure’’ or ‘‘mixed’’. As a result, state The central purpose underlying the enact- exist 30 years ago now exist to extend medical liability laws that arguably now ment of federal patient protection legisla- their lives. In the 20th century, we in- reach mixed decisions apparently would be tion is to expand protections for the vast creased the life expectancy in America

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7518 CONGRESSIONAL RECORD — SENATE July 25, 2000 by 30 years. A part of the reason for cause of raw sewage seeping up through third of the price up in Winnipeg, Can- that is better nutrition, better living the floors. Part of the building is 90 ada, or, for that matter, in virtually conditions, better education about years old and has largely been con- any other country in which they sell healthy living, but part of the reason is demned. these drugs. also miracle drugs. Are we proud of sending that young Last week, I suggested that I would It is not unusual for a senior citizen girl through that classroom door? I like to see just one Senator stand up— to be taking two, four, five, and in don’t think so. We can do better. Per- in fact, I renew the challenge to any- some cases, ten or twelve different pre- haps that is more important than pro- body who wants to come to the floor— scription drugs to deal with their viding relief from the estate tax burden on the floor of the Senate and say that health challenges. Those prescription of somebody who dies with $1 billion. it is fair for American consumers to drugs are enormously costly. The price Instead of being able to leave only $600 pay significantly more for the same is increasing every year. Last year, million to their heirs, they get to leave exact drug than consumers in other spending on prescription drugs in all of the $1 billion because the major- countries. I will give any Senator who America increased 16 percent in 1 year. ity party says that is their priority. wants to do this the pill bottles; I held The year before the increase was about Their priority is to give tax cuts to the up several last week. The bottle of the the same. Many senior citizens just top 1 percent of the American income prescription drug sold in the U.S. costs can’t afford these expenses. earners that are more than the tax cuts $3.82 a pill and the same drug in the I have held hearings through the we are going to give to all of the bot- same bottle, made by the same com- Democratic Policy Committee in five tom 80 percent. That is their priority. pany, in the same manufacturing or six States on this subject. I have had My point is that we ought to be focus- plant, sold in Canada costs only $1.82 a senior citizen after senior citizen tell ing on other priorities. pill. The U.S. consumer pays $3.82 and me that, when going shopping, they So this morning when we had people the Canadian consumer pays $1.82. I first must go to the pharmacy in the shuffle over to the floor of the Senate want to see a Senator, just one Sen- back of the grocery store to purchase and talk about what a wonderful job ator, stand up and hold these bottles their prescription drugs. Only after this Congress has done and how we are and say, yes, this is fair to my con- they have bought their medications do stalled now because the Democrats stituents and, yes, this price inequity they know how much money they have somehow don’t want to do anything, I is something we ought to support. Of left to purchase food. It is a common just had to come over here and correct course, no one will because nobody be- story all across the country. So should the record. One of the things hanging lieves that is fair. That is another issue we add a prescription drug benefit to up work today is that there are people that we have to address. We were able the Medicare program? Of course, we who have been nominated as Federal to get some legislation through the should. Will we? We won’t do it unless judges whose nominations have been Senate and, of course, the pharma- we get some cooperation from a major- before the Senate for 3 years without ceutical industry has indicated that it ity party that believes this is not a pri- having been brought to the floor for a fully intends to kill that in conference. ority for the country. vote. We would like that to happen. We will see. We believe it is. We have a plan that That is considered unreasonable. So there is a lot left for this Senate will provide a prescription drug benefit I say to those who think this Con- to do. We have, at the end of this week, to Medicare beneficiaries in a way that gress has a wonderful record that this a break for the two national conven- is cost-effective, in a way that will is a Congress of underachievers. We tions, and then in September and Octo- tend to push down the prices of pre- have a little time left. We have this ber we will see the end of the 106th scription drugs and provide an oppor- week and September and the first week Congress. All legislation introduced be- tunity for coverage for senior citizens of October. This is what we have to do. tween January of last year and now who elect to have this benefit. That We have a Patients’ Bill of Rights that will eventually die, unless it is passed ought to be part of the agenda in this we ought to pass. We have gun safety by this Congress, and we will have to Congress, but we can’t get it done. legislation that we ought to pass. We start over again next year. So the ques- Or what about school modernization? ought to close the gun show loophole. tions of whether this is an effective This country has had such a wonderful We ought to pass an increase in the Congress and whether this Congress 20th century, especially the last half of minimum wage. The fact is, those creates a record any of us can be proud the century following the Second working at the bottom rung of the eco- of are going to be answered in the next World War. Those who fought for nomic ladder in this country have lost few months. Are we able to address the America’s freedom in World War II ground. Everybody here is so worried issues that the American people care came back to this country, and began about providing tax breaks to the top about? Will the majority party stop ob- careers, got married, had children. income earners. What about providing structing on these issues? Will they de- They built schools all over America 50 some help to those at the bottom of the cide a Patients’ Bill of Rights should years ago. Many of those schools are economic scale? These people get up be passed by Congress? If so, let’s do it now in disrepair. These schools need and get dressed and have breakfast in soon. Will we be able to address the renovation or replacement. the morning and go out and work hard, issue of reasonable gun safety meas- Not only are many of these schools and they are trying to raise a family ures, increasing the minimum wage, desperately in need of modernization on a minimum wage that has not kept adding a drug benefit for Medicare, and and renovation, but there is also a need pace with inflation. We ought to do school modernization? Those and other to reduce class sizes from 28 or more, in something about that. issues, it seems to me, are central to some classes, down to 18 kids or fewer. We ought to provide a Medicare drug an agenda that will strengthen and im- We know the quality of education is benefit. We can do that to address the prove this country. We will see in the better when there are smaller class needs of our senior citizens who are coming days exactly what the 106th sizes. We know it is better for kids’ now struggling with health problems Congress decides it wants to leave as education when they are going through and just to make ends meet, only to its legacy. the door of a modern schoolroom that discover that, in their twilight years, One of the great things about this de- all of us can be proud of. As I have said the medicines they need to make life mocracy of ours is that the majority many times—and if it is tiresome to better are financially out of reach for rules. That is certainly true in the Sen- people, it doesn’t matter to me—it is them. ate. They control the schedule. That is hard to go to the Cannon Ball Elemen- Last week, we passed a piece of legis- why we are now in morning business in tary School in North Dakota and have lation that says maybe we ought to be the afternoon. Only in the Senate can a third grader such as Rosie Two Bears able to access the more reasonable pre- you be in morning business in the say: Mr. Senator, will you build us a scription drug prices on exactly the afternoon, I guess. But we are not de- new school? That school has 150 stu- same prescription drugs that exist in bating an appropriations bill, and we dents, one water fountain, and two Canada and elsewhere. The same com- should be. There aren’t enough people bathrooms. Some of the classrooms panies produce the same pill, put it in wanting to bring judges to the floor for have to be evacuated periodically be- the same bottle, and they sell it for a confirmation and so on.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7519 The point is this: The majority party in the 852-member federal judiciary, ner, but let me just say this—the no- has a choice to decide which of these yielding a vacancy rate of just seven tion that our Leader is not doing what issues and how many of them they percent. Of these 60 vacancies, the he believes is best for our country’s fu- want this Congress to adopt. I hope it President has failed to make a nomina- ture is absurd. will decide very soon that it chooses to tion for 27 of them. The fact that the criticism comes join us and say these are the issues Think about that. Some of my col- from both sides leads me to believe that matter to the American people, leagues are complaining about a so- that we probably are carrying out our and these are the issues the 106th Con- called vacancy crisis when almost half advice and consent duties as most gress shall embrace in the final weeks of the current vacancies don’t even Americans would have us. of this Congress. have a nominee. It is too late to really There are some on the political right Mr. President, I yield the floor, and I send additional nominations up here who complain that we are not con- suggest the absence of a quorum. because we are in the final few months firming conservative judges. They for- The PRESIDING OFFICER. The of the Congress and there is no way to get that we are in the midst of a liberal clerk will call the roll. get through them with the work we Presidency and that the President’s The assistant legislative clerk pro- have to do in processing judges. power of nomination is more powerful ceeded to call the roll. In 1994, at the end of the Democrat- than the Senate’s power of advice and Mr. HATCH. Mr. President, I ask controlled 103d Congress, there were 63 consent. I urge them to get on the ball unanimous consent that the order for judicial vacancies. That is when the and help elect a Republican President the quorum call be rescinded. Democrats controlled the Senate and who will nominate judges that share The PRESIDING OFFICER. Without President Clinton was President. There our conservative judicial philosophy. objection, it is so ordered. were 63 judicial vacancies, yielding a Finally, Democrats contend that things were much better when they f vacancy rate of 7.4 percent. At that time, on October 12, 1994, the Clinton controlled the Senate. Much better for JUDICIAL NOMINATIONS administration argued in a Department them perhaps—it certainly was not Mr. HATCH. Mr. President, for the of Justice press release that ‘‘[t]his is better for many of the nominees of last several weeks, I have listened as equivalent to ‘full employment’ in the Presidents Reagan and Bush. At the some of my colleagues have, with esca- 837-member Federal judiciary.’’ If the end of the Bush administration, for ex- lating invective, expressed repeatedly Federal judiciary was fully employed ample, the vacancy rate stood at near- their dismay about the manner in in 1994, when there were 63 vacancies ly 12 percent. By contrast, as the Clin- which Senate Republicans have proc- and a 7.4 percent vacancy rate, then it ton administration draws to a close, essed President Clinton’s judicial certainly is fully employed now when the vacancy rate stands at just seven nominees. That some would accuse the there are only 60 vacancies and a 7 per- percent. The disparity between the va- cancy rate at the end of the Bush Ad- Senate majority of failing to act in cent vacancy rate, even though we ministration, as compared to the va- good faith strikes me as ironic, given have a significantly larger judiciary. the recent reckless statements made Democrats further complain that the cancy rate now, illustrates that the by President Clinton and members of Republican Senate has not confirmed Republican Senate has, in fact, acted the all-Democratic Congressional enough of President Clinton’s judicial in good faith when it comes to Presi- Black Caucus. I already have made my nominees. So far this year, the Judici- dent Clinton’s nominees. The Senate has carried out its advice views on their reckless statements ary Committee has held seven hearings and consent duties appropriately, in a known and will not repeat them again for 30 judicial nominees. In addition, manner that has been fair to all—to here. the Committee is holding a hearing the President’s nominees, to the fed- Some of my colleagues like to talk today for four additional nominees. about proceeding in good faith, but eral judiciary, and to the American This year the Senate has confirmed 35 people. I stand ready to help Senators they ignore the fact that there is much nominees, including eight nominees for LOTT and DASCHLE undertake and com- legislation with broad, bi-partisan sup- the U.S. Courts of Appeals. plete work on the appropriations bills port that is at a standstill because With eight court of appeals nominees that are before us and on other legisla- they refuse to let this institution work already confirmed this year, it is clear tion, much of which enjoys broad, bi- its will. From bankruptcy reform to H– that the Senate and the Judiciary partisan support and should be acted 1B legislation to juvenile justice re- Committee have acted fairly with re- on this year. form to religious liberty protection gard to appeals court nominees. In I am getting sick and tired of my col- legislation, there are several legisla- presidential election years, the con- leagues on the other side just stopping tive items where the blessings of good firmation of appellate court nominees everything—even bills that they agree faith cooperation have not been be- historically has slowed. In 1988, the with—to try and make the Senate look stowed. Consider, for example, the fact Democrat-controlled Senate confirmed bad for their own political gain, so that that a handful of members on the other only seven of President Reagan’s appel- they can take control of the Senate side of the aisle have kept us from sim- late court nominees; in 1992, the Demo- after the next election. If I were in ply proceeding to a formal conference crat-controlled Senate confirmed elev- their shoes, I would want to take con- on the bankruptcy bill. Having en of President Bush’s appellate court trol of the Senate honorably, rather poisoned the water themselves, they nominees. This year, the Senate al- than dishonorably. have no ground for complaining that ready has confirmed eight circuit court I repeat, I stand ready to help Sen- the water is now poisoned. nominees—evidence that we are right ators LOTT and DASCHLE undertake and The more substantive complaints on track with regard to circuit court complete work on the appropriations lodged by some of our colleagues have nominees. bills before the Senate and on other taken various forms. Some complain While some may complain that the legislation which enjoys broad bipar- that there is a vacancy crisis in the Republican Senate has not confirmed tisan support and should be acted on federal courts; that the Senate has not enough of President Clinton’s judicial this year. confirmed enough of President Clin- nominees, conservatives criticize us for It is my hope that the important leg- ton’s judicial nominees; and that the confirming too many. An editorial in islative work of the Senate will not be confirmation record of the Republican today’s Washington Times argues that impeded by political gamesmanship Senate compares unfavorably to the the Republican Senate has confirmed over judicial confirmations. I particu- Democrats’ record when they con- far too many federal judges since gain- larly resent people indicating that the trolled this body. ing control of the Senate in 1995. This Senate is not doing its duty on judicial The claim that there is a vacancy view is typical many reactionary con- confirmations, or that there is some ul- crisis in the federal courts is simply servatives who, like their counterparts terior purpose behind what goes on, or wrong. Using the Clinton Administra- on the extreme left, serve in some re- that this President isn’t being treated tion’s own standard, the federal judici- spects as a check on our political sys- fairly, because he has been treated fair- ary currently is at virtual full employ- tem. I plan to respond to this par- ly. I am getting sick and tired of it and ment. Presently there are 60 vacancies ticular editorial in a more formal man- will not put up with it anymore.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7520 CONGRESSIONAL RECORD — SENATE July 25, 2000 I yield the floor. of gaming. I do not gamble. I do not I would not know how to place a bet Mr. REID. I suggest the absence of a gamble on games or anything else, but if you asked me to, but I do know the quorum. I know a little bit about gambling, way they do it in Nevada is better than The PRESIDING OFFICER (Mr. having been the chief regulator in the the way they do it in the service sta- CRAPO). The clerk will call the roll. State of Nevada for 4 years. tions, bowling alleys, and bars because The assistant legislative clerk pro- While my friend says this legislation the illegal bookies base their game on ceeded to call the roll. has widespread support, I have only credit, usually a week at a time. Peo- Mr. REID. Mr. President, I ask unan- read a few of the editorial comments. ple place bets with their illegal bookie imous consent that the order for the This legislation is held up to ridicule. during the week. On Monday or Tues- quorum call be rescinded. Of course, we get college coaches com- day, they come around to collect that The PRESIDING OFFICER. Without ing in saying they do not want their money. That is where the real trouble objection, it is so ordered. kids playing and having people bet on starts. f them. In Nevada, you could be Kirk The NCAA makes billions—I am not Kirkorian, one of the richest men in EXTENSION OF MORNING misspeaking—not millions but billions the world—he owns the MGM and a BUSINESS of dollars from NCAA football and bas- number of other things around the Mr. REID. Mr. President, I ask unan- ketball. If they are so sincere in stop- world. As rich as he is, if he walked imous consent that morning business ping betting on these games, why don’t into his own race book, the rules are be extended to the hour of 4 p.m. with they not allow these games to be tele- that he can get no credit. It has to be the time equally divided between the cast? Just do not have any college all cash. If he wants to bet on a ball majority and minority. games on television—no football game, he has to put up cash. There is The PRESIDING OFFICER. Without games, no NCAA Final Four, no Rose no credit. objection, it is so ordered. Bowl, just outlaw them. It goes without saying which is the The NCAA is all powerful. They could better system. The better system is, in f do that, they think. They have been Nevada you can only bet what money BETTING ON COLLEGE GAMES such a dismal, total failure regulating you have in your pocket. No credit is Mr. REID. Mr. President, my good amateur athletics that they think now allowed. For the illegal bookies around friend from the State of Kansas, Sen- they have something they can finally the country, credit is the name of the ator BROWNBACK, has come to the floor win. What they are going to do is out- game. They do not break as many a number of times in recent weeks to law college betting in Nevada, the only knuckles as they used to, but they sure talk about some legislation that he fa- place in the country where you can do put their loans out to people who ask vors. He favors a ban on legal betting it legally, and as has been said, less to borrow the money. They pay exorbi- on college games in Nevada. than 2 percent of the betting on college tant interest rates, and that is when This legislation has received the fol- games takes place in Nevada. Over 98 people lose their homes, cars, and prop- lowing comments from respected publi- percent of gambling on college games erty. cations from around the country. takes place in Washington, DC, in the When this bill comes up—and it will George F. Will: State of Idaho—all over the country. It come up—this is not going to be a laydown. The merits are on the side of Congress now is contemplating a measure is done illegally. If the NCAA is so con- that sets some sort of indoor record for miss- cerned about betting on college games, what is going on legally in the State of ing the point. let’s do something about the illegal Nevada. This issue is a sham, it is a farce, it Sports Illustrated columnist Rick betting that takes place; let’s not go is a diversion designed to deflect atten- Reilly: after the legal betting. Lindsey Graham, on Hardball, a few tion from an organization that while In fact, passing the bill would be like try- weeks ago said: swimming in money itself, earned from ing to stop a statewide flood in Oklahoma by the sweat of the college kids, is incapa- fixing a leaking faucet in Enid. Nevada han- You’re not going to stop illegal betting by dles only 1 percent of the action on college passing the bill. ble, it seems, of doing anything posi- sports. Not that bookies and the mob Of course not. Originally, the NCAA, tive. wouldn’t very much like to get their hands in all its wisdom, said if we take away My favorite—and it happened re- on that 1 percent. the 1.5 percent of the legal betting and cently—is St. John’s University. Their A Chicago Sun Times editorial: leave 98.5 percent and they do not coach, who was almost hired by the local professional basketball team, is A Nevada ban is more likely to push wa- allow the State of Nevada to post odds, gers underground or on to the Internet. A it will stop all over the country. Every- Mike Jarvis. He has a kid who had a ban would do little to stop betting on college body will stop running the lines on used car. The kid trades in the used car games. these games. for another used car. They suspended Sporting News, a columnist by the Again, of course, the NCAA, for lack him from playing for three games. That really helps the game a lot. A name of Mike DeCourcy: of a better description, simply does not know what they are talking about. kid has a used car and trades it in on The NCAA has put no thought whatsoever another used car, and they suspend him into this push. This is strictly a public rela- John Sturm, the president of the News- tions move that offers no tangible benefit. paper Association of America said: from playing. What the NCAA does is harass and intimidate people. We have Business Week: If Congress prohibits gambling on college sports, the association believes newspapers an example in the State of Nevada, Now the NCAA is looking to fix its image will continue to have an interest in pub- Jerry Tarkanian, one of the most suc- with a bill only a bookie would love. lishing point spreads on college games, since cessful coaches in the history of Amer- USA Today, founder Al Neuharth: point spreads appear to be useful, if not valu- ica. They eventually ran him out in the University and college presidents and able, to newspaper readers who have no in- State of Nevada. He is now coaching at coaches properly are concerned about the in- tention of betting on games. Fresno State. They harassed, did ev- tegrity of campus sports, but the solution to I already established I do not bet on erything they could to embarrass him. the problem is getting their own houses in games, but I love to know what the He sued them. It took 8 or 9 years, but order. point spread is on a game. It makes it he won the lawsuit. They had to pay I understand the NCAA is based in more interesting. If UV is going to play him money for what they did to him. Kansas City and they have some jobs in the Final Four and play Michigan By then he had already been run out of there. I am sure this move ingratiates State, Duke, or a team such as that, I the State. the NCAA to my friend from Kansas. want to know the point spread to see The NCAA recently signed a multi- The fact is, this issue does not come who is favored. That does not mean I billion dollar broadcasting contract. close to doing anything to solve the am going to run down to the corner That is not a bad deal for a nonprofit problem. No, Mr. President, I do not bookie and bet on the game or, if I am organization. Players, coaches, ath- gamble. I live in the State of Nevada. I in Las Vegas, I will not go to the Hil- letes recognize the unaccountable and have been chairman of the Nevada ton race book, MGM, or one of those often unquestionable power of this or- Gaming Commission, the top regulator places. ganization. They have been sued lately.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7521 They had to pay out millions of dollars John Sturm, whom I quoted earlier, Well, we find a real problem with that to assistant coaches who they would President of the Newspapers Associa- sometimes. Take, for example, prod- only allow to receive—I forget what tion of America, in a letter to the ucts liability legislation. I practice the ridiculous sum was—$12,000 a year, House Judiciary Committee, made law. The State of Nevada had a dif- $8,000 a year. The coaches sued them clear, basically, if Congress prohibits ferent set of standards than did Utah, and, of course, the NCAA lost. They gambling in Nevada on college sports, Arizona, California, other States in the had to pay that judgment. They lose it is not going to stop anything that country. They are not all the same. all the time in court. goes on in the rest of the country. Cer- But we developed those standards over To avoid scrutiny on them, this is an tainly it is not going to stop news- the years in the State of Nevada. It is effort to throw out a red herring, some- papers from publishing these lines. not right that Congress comes in and thing maybe people will take after, President Sturm also dispels another says: We are going to change them. We rather than who they should take myth perpetrated by the National Col- are going to have one standard system after, and that is them. legiate Athletic Association that peo- for everybody. This legislation, supported by my ple use the spreads to place illegal bets. Well, that is what States rights is all friend from Kansas who comes here all In fact, a recent Harris poll found that about. It is not what States rights is the time and talks about it—I know 70 percent of those who look at point all about in this instance. The State of Senator JOHN MCCAIN, the senior Sen- spreads do so only to obtain informa- Nevada made a decision in 1932 that ator from Arizona, also favors this leg- tion, such as me, about a favorite col- they were going to allow legal gam- islation—does nothing to address the lege team, about information on up- bling. People should leave the State of problem of illegal gambling on college coming college games. Nevada alone. There are no scandals in- sports. No one supports illegal gam- Another myth paraded around by the volved in college betting in Nevada. We bling on college sports except illegal proponents of banning legal wagering do our best to protect the integrity of bookies. They will be the primary on college games is that this is done what goes on there with strict require- beneficiaries of the legislation. That is because of a unanimous vote by the ments. Obtaining a gambling license in not me speaking. I read to the Senate members of the National Commission the State of Nevada is not a right; it is a few excerpts from editorials around to Study Gambling. Wrong again. That a privilege. They are very hard to get. the country. Very strict scrutiny goes to anybody A friend of mine called me. I care a vote was very close. One of the mem- who can run one of these sports books. great deal about her. She has recently bers of the committee was from Ne- I must say there is not much scrutiny suffered the loss of her husband. She vada. He abstained. He said if he had given to the illegal bookings and has some money as a result of that— been called upon to vote, it would have charging of exorbitant fees, making all not a lot but a little bit. Someone been a 5–4 vote. That is far from unani- called her and said—I won’t mention a mous. The reality is, this proposal was this money, and having all this under- name—if this legislation passes, talk- given little consideration by the com- reported income. It seems that people ing about the Brownback legislation, if mission. They had many other things should be happy with what Nevada has it passes, you give me $20,000. At the to talk about. The proponents of the done on its own. It is a matter of end of 1 year I will give you $200,000 be- ban have the right to their opinion, but States rights. Why don’t they leave us cause that is how much money I can they are absolutely wrong. Their opin- alone? NCAA President Cedric Dempsey was make by taking illegal bets. I can’t do ion in this case lacks substance. quoted last year as estimating that il- it now because people who want to bet We need to step back and take a look come from all over the country to bet at this. We need to understand the legal wagers would be closer to $4 bil- legally in the State of Nevada. legal business of America is not going lion a year. In Nevada, they wager Illegal bookies love this legislation. to lay down and say, OK, run over us. about $60 million a year. That is a One who I heard from in the heartland There has been some criticism about small part of $4 billion. So I hope peo- of America told me—not in Kansas but not letting this bill go forward, not ple of goodwill—Democrats and Repub- very close to Kansas—this will be the having a time agreement on it. licans—will look at this legislation and best thing that Congress could ever do This is something we need to talk try to understand how unfair it is and for his business. about. This involves not illegal gam- how it is going to only exacerbate a I have spoken to law enforcement au- bling on college games—if they want to problem we have with people betting thorities. There is no question that one enforce the law that now prohibits ille- on college games illegally. It won’t of the scandals—referring to Arizona gal gambling or if they want to pass a make it better; it will make it worse. State, where there was some illegal new restriction on illegal gambling, I I suggest the absence of a quorum. betting taking place on Arizona will stand beside them and do that—we The PRESIDING OFFICER. The State—was discovered because Nevada are talking about less than 2 percent of clerk will call the roll. reported it. They could tell something the gambling that takes place on col- The legislative clerk proceeded to was wrong because of heavy betting on lege games and it is done legally. call the roll. Mr. REID. Mr. President, I ask unan- Arizona State. You can bet a little on Danny Sheridan, one of the top imous consent that the order for the Arizona State football, but their bas- oddsmakers in America, USA Today, ketball team has never been much to sets the line. He came to Washington. quorum call be rescinded. The PRESIDING OFFICER. Without bet on. They could tell because of the He has talked to a number of Members objection, it is so ordered. betting that took place at Arizona of Congress. He said: I will talk to State that something was wrong. They whomever you want to talk to. He said: f notified authorities, and that is where I don’t gamble but I set the line. I will MEASURE READ THE FIRST the arrest took place. That is where continue to do it no matter what they TIME—S. 2912 they were able to make a case against do in Nevada. Mr. REID. Mr. President, I under- the illegal betting taking place at Ari- We have had people parading on the stand S. 2912, introduced earlier today floor—I shouldn’t say ‘‘parading.’’ We zona State. by Senator KENNEDY and others, is at What we should do is look at a way have had a couple people talk on sev- the desk, and I ask for its first reading. to stop illegal betting on college cam- eral occasions about how bad what goes The PRESIDING OFFICER. The puses. College presidents are concerned on in Nevada is. We are not going to go clerk will report the bill by title. about it, as well they should be. Re- without offering a response to that. The legislative clerk read as follows: member, what is going on in Nevada is The time has come to offer that re- A bill (S. 2912) to amend the Immigration legal and involves less than 2 percent sponse. and Nationality Act to remove certain limi- of gambling in our country. Elimi- The other thing that flabbergasts me tations on the eligibility of aliens residing in nating gambling legally in the State of about this is, we have people who have the United States to obtain lawful perma- Nevada on college games will do noth- come to Congress who say their No. 1 nent residency status. ing but help illegal gambling on college issue is to make sure they protect Mr. REID. Mr. President, I ask for its campuses. We don’t need new laws. We States rights. States should be able to second reading, and I object to my own need better enforcement. do what they want to be able to do. request on behalf of the majority.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7522 CONGRESSIONAL RECORD — SENATE July 25, 2000 The PRESIDING OFFICER. Objec- Education is number one on the agenda for that is very important to a lot of dif- tion is heard. The bill will receive its Republicans in the Congress this year. ferent Senators. We have not come to second reading on the following legisla- In Remarks to the U.S. Chamber of an understanding on that yet, but I tive day. Commerce, February 1, 2000: have to take steps now to move toward Mr. REID. Mr. President, I suggest We are going to work very hard on edu- the consideration of the energy and the absence of a quorum. cation. I have emphasized that every year I water appropriations substance. The PRESIDING OFFICER. The have been majority leader. . . . And Repub- So I ask unanimous consent that the clerk will call the roll. licans are committed to doing that. Senate proceed to consideration of Cal- The bill clerk proceeded to call the February 3, 2000: endar No. 688, H.R. 4733, the energy and roll. We must reauthorize the Elementary and water appropriations bill. Mr. KENNEDY. Mr. President, I ask Secondary Education Act. . . . Education The PRESIDING OFFICER. Is there unanimous consent that the order for will be a high priority in this Congress. objection? the quorum call be rescinded. April 20, 2000: The majority leader Mr. KENNEDY addressed the Chair. The PRESIDING OFFICER. Without said his top priorities in May included The PRESIDING OFFICER. There is objection, it is so ordered. agriculture sanctions, Elementary and objection? The Senator should be advised all re- Secondary Education Act reauthoriza- Mr. KENNEDY. Reserving the right maining time is under the control of tion, and passage of four appropria- to object, Mr. President. Am I recog- the majority. tions bills. nized, Mr. President? I object. I object. Mr. KENNEDY. Mr. President, I ask May 1, 2000: The PRESIDING OFFICER. Objec- unanimous consent to be able to pro- This is very important legislation. I hope tion is heard. ceed as if in morning business. we can debate it seriously and have amend- Mr. LOTT. Mr. President, let me Mr. REID. Until a Member on the ments in the education area. Let’s talk edu- renew my request for that, and under a majority side shows up. cation. reservation of the right to object, I The PRESIDING OFFICER. Without May 2, 2000: Senator LOTT was asked would be glad to respond. objection, it is so ordered. on ESEA: Have you scheduled a cloture If the Senator would prefer, I would f vote on that? be glad to—— EDUCATION No, I haven’t scheduled a cloture vote. . . . Mr. KENNEDY. I have to get recogni- tion by the Chair in order to be able to Mr. KENNEDY. Mr. President, ear- But education is number one in the minds of American people all across this country and proceed. I felt I was denied that rec- lier in the day, I was pointing out that every State, including my own State. For us ognition. the pending business is the Elementary to have a good, healthy and even a pro- I had every intention to exchange—— and Secondary Education Act of 1965. tracted debate and amendments on edu- Mr. LOTT. I say to the Senator from We are in the process of reauthoriza- cation, I think, is the way to go. Massachusetts, I think there is a mis- tion and had more than 22 hearing days That has been the end of it since May understanding. I again ask unanimous on that legislation. We had an exten- 2. Always something else has come up. consent that the Senate proceed to the sive markup on that legislation. We Always something else came up in consideration of Calendar No. 688, H.R. began debate in early May. Over the May. Always something else came up 4733, the energy and water appropria- period of 6 days, we had 2 days when we in June. Always something else came tions bill. were not permitted to offer any amend- up in July. The PRESIDING OFFICER. Is there ments, and we ended up with rollcalls It does seem, even with this week, we objection? on 7 amendments; 2 of those were vir- are now at 4 o’clock in the afternoon of Mr. REID. Objection. tually unanimous votes. On May 1, we a Tuesday. We could have had some de- Mr. KENNEDY. Objection. had floor debate only. May 2, we had bate on this on Monday or today. The PRESIDING OFFICER. Objec- floor debate only. On May 3, we had a f tion is heard. The majority leader has Gorton amendment, changes in the floor. CONCLUSION OF MORNING Straight A’s, 98–0. A Democratic alter- Mr. LOTT. Mr. President, I am dis- BUSINESS native, which was a completely dif- appointed there is an objection. It was ferent approach, was the first major The PRESIDING OFFICER (Mr. GOR- my hope we could come to an agree- amendment. On May 8, a Collins TON). The hour of 4 o’clock having ar- ment on how to proceed to this bill in amendment was a voice vote, and on rived, morning business is closed. a timely way. I hope we can at least May 9, a Gregg amendment on teach- Mr. CRAPO. I suggest the absence of proceed to the bill and begin the ers, 97–0. There were 8 amendments. We a quorum. amendment process to resolve the dif- had 6 days of debate. Two were debate The PRESIDING OFFICER. The ferences that may be involved. The only. We had only 7 rollcalls; 2 of those clerk will call the roll. Democrats have mentioned section 103 rollcalls were unanimously accepted. The legislative clerk proceeded to involving the Missouri River is a prob- I believe this is a matter of signifi- call the roll. lem. I understand that. I think once we cant priority for the American people. Mr. KENNEDY. Mr. President, I ask get to the bill we can resolve that prob- On the bankruptcy legislation, we had unanimous consent that the order for lem. 16 days of debate and considered 55 the quorum call be rescinded. f amendments. With all respect to the The PRESIDING OFFICER. The Pre- importance of that particular issue, it siding Officer, in his capacity as Sen- ENERGY AND WATER DEVELOP- seems to me the issue of good quality ator from Washington, objects. MENT APPROPRIATIONS ACT, education in K through 12, and the role The legislative clerk continued with 2001—MOTION TO PROCEED we have on that issue, is of central im- the call of the roll. CLOTURE MOTION portance. Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. Mr. President, I move to I am mindful that the majority lead- imous consent that the order for the proceed to the bill, and I send a cloture er himself said he believed this was an quorum call be rescinded. motion to the desk. important matter. He gave the assur- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The clo- ances to the Senate going back to Jan- objection, it is so ordered. ture motion having been presented uary 6, 1999: f under rule XXII, the Chair directs the Education is going to be a central issue UNANIMOUS CONSENT REQUEST— clerk to read the motion. this year. . . . For starters, we must reau- The legislative clerk read as follows: thorize the Elementary and Secondary Edu- H.R. 4733 CLOTURE MOTION cation Act. That is important. Mr. LOTT. Mr. President, I had hoped January 29th, 1999: We the undersigned Senators, in accord- we could come up with some com- ance with the provisions of Rule XXII of the But education is going to have a lot of at- promise agreement about how to pro- Standing Rules of the Senate, do hereby tention, and it’s not going to be just words. ceed to the energy-water appropria- move to bring to a close debate on the mo- Then on June 22, 1999: tions bill, with regard to one section tion to proceed to Calendar No. 688, H.R.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7523 4733, the Energy and Water Development Ap- we are unable to get agreement on cation. I realize the ingenuity of Sen- propriations Act, 2001: these appropriations bills—I know they ators can stretch the idea of related Trent Lott, Pete Domenici, Frank Mur- are important and generally, as the amendments to education. kowski, Pat Roberts, Jesse Helms, year goes on, they receive a higher pri- That is the way I would like to pro- Larry Craig, Ted Stevens, Kit Bond, ceed. Right now we are having trouble George Voinovich, Kay Bailey ority, but it does seem to me that edu- Hutchison, Chuck Grassley, Sam cation has a high priority as well. I had getting agreement to do appropriations Brownback, Don Nickles, Mike Crapo, thought we were going to have an op- bills and the intelligence authorization Slade Gorton and Orrin Hatch. portunity to deal with the education bill. I am even worried about being able Mr. LOTT. Mr. President, this clo- legislation during the evenings of last to go forward with the commitment to ture vote will occur on Thursday un- week. We were unable to do so. We got begin the proceedings on the China less we are in a postcloture situation caught up in the Agriculture appro- PNTR tomorrow, which I still hope to on the Treasury-Postal Service appro- priations bill. be able to do, but it is going to take priations bill, the intelligence author- I am wondering whether the majority some concessions, again, as to how we ization bill, or on the energy and water leader can give us any indication proceed to get that done. appropriations bill under some other whether he has an intention of getting I will be glad to keep working with agreement. back to the Elementary and Secondary Senator KENNEDY, Senator DASCHLE, I ask unanimous consent that the Education Act and, if so, when that Senator REID, Senator GREGG, and Sen- mandatory quorum be waived. might be because with the successful ator ASHCROFT. I like the bill. I would The PRESIDING OFFICER. Without motion the Senator has made and with like to get it done. I would like to vote objection, it is so ordered. the invoking of cloture, as I under- on it just as it is myself. I do not think Mr. LOTT. I now withdraw the mo- stand, the elementary and secondary we need to fix it up anymore. It does tion to proceed. I believe I have that education bill is returned to the cal- not need more bells and whistles. Let’s right. endar and will not be before the Senate just vote. I know others have amend- The PRESIDING OFFICER. The Sen- as the pending business. With those ac- ments, and we will try to find agree- ator has that right. tions, we are returning the elementary ment. and secondary education bill Mr. KENNEDY. If the Senator will f yield for one more observation. uncompleted to the calendar. It does MORNING BUSINESS Mr. LOTT. Yes. seem to me to be a priority. I am won- Mr. KENNEDY. We do know children Mr. LOTT. Mr. President, I ask unan- dering what assurances the leader start back to school in late August and imous consent that the Senate proceed might be able to give us on the issue. early September. Time is moving to a period for morning business for 90 Mr. LOTT. Mr. President, if I can re- along. There were allocations of re- minutes, equally divided in the usual spond to the Senator’s questions and sources in appropriations bills where form. comments, he knows a major effort was there has been absolutely no authoriza- Mr. DOMENICI. How much time? made last Thursday evening to come tion or statement of policy. It does Mr. LOTT. Ninety minutes. I believe up with an agreement on how to pro- seem to me that parents, school Senator KENNEDY reserved the right to ceed further on the Elementary and boards, and schoolteachers are entitled object. Secondary Education Act. to a full debate and discussion on these Mr. KENNEDY. I will not object. Mr. One of the problems we had then, and issues and for the Senate to work its President, I will not object to that. I we continue to have, is Senators on will. want to gain recognition to explain my both sides of the aisle have non- I appreciate what the Senator has position. germane, noneducation issues they said. I hope he understands we are The PRESIDING OFFICER. Without want to get into or, conversely, amend- going to continue to raise this issue as objection, it is so ordered. ments they do not want to be offered. I we move along because I do think it is Mr. LOTT. We are now in a period for know there had been some suggestion a top priority. The American families morning business. that maybe the NCAA gaming issue who have 58 million children in schools The PRESIDING OFFICER. We are in would be offered, and there was a feel- across this country are entitled to a re- a period for morning business. ing on the Democratic side that should sponse. I thank the majority leader. Mr. LOTT. I know Senator KENNEDY not be included in the package of what Mr. LOTT. I thank Senator KENNEDY, seeks recognition at this time to ex- we proceed to consider. and I thank Senator DOMENICI for al- plain his position. I will stay in the There is at least one Senator on this lowing us to have an exchange. I know Chamber and will be glad to respond to side who is interested in being able to he is anxious to get his bill done. It is questions he wants to ask. offer an IDEA amendment which, in an important bill, the energy and The PRESIDING OFFICER. The Sen- fact, relates to education, but there water appropriations bill. It means a ator from Massachusetts. was resistance to that Senator being great deal to our country. I know he is f able to offer his amendment. trying to find a way to proceed. Then it got into immigration, and we At this point, this is the only option ELEMENTARY AND SECONDARY were close to working out an agree- EDUCATION ACT I have. I yield the floor so he may com- ment that connected, in a way, this bill ment on that. Mr. KENNEDY. Mr. President, I with H–1B. In the end, we could not get The PRESIDING OFFICER. The Sen- thank the majority leader. I made the the agreement. A lot of time was put in ator from New Mexico. point earlier that we did have before on that by Senators on both sides. Sen- f the Senate the pending business, which ator DASCHLE and I worked very hard is the Elementary and Secondary Edu- on it. We were up the hill, down the ENERGY AND WATER cation Act. It did seem, since it was hill. APPROPRIATIONS the pending business, that under the We will keep trying to find a way to Mr. DOMENICI. Mr. President, I rules generally, after the time expires go back to this legislation this year might suggest—and I do this in the under morning business, we would go and get it completed. I have another presence of my good friend from Massa- back to that legislation. idea I am considering right now that chusetts; I wish the distinguished Sen- I know the majority leader has at- will get us back on it in a way that will ator from Nevada, Mr. HARRY REID, tempted to work out a process with the actually get it to completion. That is were here. I have an observation. minority leader to move forward the my goal. I am not interested in only Maybe I am 2 weeks ahead of time, but business of the Senate. The education going back to it and playing games I believe the plan is that the Demo- bill has been the pending business since with it and having nongermane, non- crats are not going to let us do any- May of this year. That has taken us education issues poured on this bill. I thing of significance, literally nothing, through May, through June, and want to stick to education. I think we unless and until they get everything through July. can have a good debate and a lot of they want. I still think we can complete the amendments that are strictly related The truth is, for this little period in ESEA prior to recessing this week. If to elementary and secondary edu- history—I have been here 28 years, and

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7524 CONGRESSIONAL RECORD — SENATE July 25, 2000 it is a small piece of that—the Repub- than two times. I can tell the Senate, the committee did because it had done licans have controlled the Senate and since I have been writing this bill, it it 2 years before, what would the re- the House. But the Democrats are has been in 2 years in a row. sponse have been? Would it have been, bound and determined this year, in an All of a sudden, it isn’t enough to you can’t do the amendment and you election year, that we are not going to have an up-or-down vote in the Senate. can’t move on with the bill? I assume pass the regular appropriations bills, The only thing that will suffice is that that would be the case. I think we period. They call us ‘‘do nothing,’’ but we take it out and agree not to vote on would have a chance of convincing Sen- they are obstructionists of the highest it. That means if you don’t want to do ators that is not right. order. that, you don’t get an energy and I understand there are some other ap- I will just talk about one bill, then I water bill for this fiscal year. propriations bills that are being held will talk about the appropriations bill We are getting close because we still up. I am not aware of the specific rea- on education. I am just going to talk have to do this bill. It is different from sons why, so I won’t make the same on one appropriations bill. We have the House bill. We need to get some kind of argument or evidence the same heard from the beginning platitudes new resources assigned to the com- kind of concern as I have about the en- about working together to get all the mittee on the House side. We might not ergy and water bill. appropriations bills done. The distin- be able to make it by the October dead- The Senator from Massachusetts guished occupant of the chair has line. talked about getting our education heard they want to get the Interior bill This little innocuous title, ‘‘energy programs funded. We are talking about finished; they want to get the Treasury and water,’’ is a very misperceived two things. We are talking about an el- bill finished. For the American people, title. Energy doesn’t mean energy. En- ementary and secondary education au- these are the bills you have to pass ergy means all of the nuclear weapons thorization bill which has gotten tied every year in order to keep certain big programs in the nuclear laboratories in up in all kinds of problems from both parts of our Government open. It America. By a strange coincidence, sides of the aisle on amendments. When comes down to October 1st, and if they they are in the energy part of this bill. can we pass it? Can we get agreement? aren’t passed, you get the President of We have been asked by the Department But over there in those new offices the United States talking about who is of Energy to put $100 million in new beneath the Senate, that are called closing down the Government. money in that bill to take care of pro- ‘‘SC’’—those offices out there that are I am going to refer to just the energy duction facilities in three cities, cities really nice to work in—there is a whole and water bill. I am going to beg the such as Kansas City, Missouri; Ama- batch of House Members. I was in Senator, the minority leader from the rillo, Texas; Oak Ridge, Tennessee; and there. I made up a very large group of other side, in the same way he pleads Aiken, South Carolina; where we have Senators working on the Labor-Health with us to get something done that is production facilities that are des- and Human Services appropriations right. This energy and water bill was perately in need of repair. We have bill. I just have a hunch, from the little not drafted by Senator PETE DOMENICI; cleanup in the State of the occupant of bit I have participated, that the White it was drafted by Senator PETE DOMEN- the chair that is ongoing because of House does not intend to sign that bill ICI and Senator HARRY REID of Nevada, our previous nuclear weapons reactor no matter what we do. We have already who spends a great deal of time on the work. We have hundreds of millions of put in that bill resources amounting to floor of the Senate and, I might say, dollars in for that kind of cleanup. $106 billion, the largest appropriations for one who worked with him for years We have all the water projects and for those functions in the history of before he got to spend all his time on dredging projects and flood protection the Republic. the Senate floor, he has been a very programs in this country in this bill. In fact, there is now in that bill, to solid performer. I praise him for his We have all of the national labora- be spent on education and other things, leadership on the floor. I believe he has tories and their special effort and all $12 billion more than the Budget Com- been fair, and I believe he has been their employees’ pay in this bill. I mittee contemplated. While our num- nonpartisan. But I believe what he is could go well beyond that. bers aren’t binding, the Senator who seeing he can’t even speak about be- Now I come to the conclusion: Why occupies the Chair knows we reported cause right down deep in that Sen- can’t we take this bill up? Frankly, if out a budget resolution, and we as- ator’s mind and heart he knows it is ever there was an issue where there sumed all these pieces would fit to- wrong to hold up appropriations bills was something besides this bill that gether. We assumed about $96 billion— for the reasons being stated by his col- somebody has in mind, I have not $94 billion or $96 billion—for Labor, leagues and his leader who compel him heard of it. This has to be as bad as it Health and Human Services. We have to do it. is. What is it? now gotten to the point where we have This energy and water bill is being Is there some political issue we don’t taken from others and we put $106 bil- held up. We can’t even bring it up be- understand that has nothing to do with lion in. cause the minority leader wants a pro- the fundamental needs this bill ad- From what I gather in that com- vision that is within it taken out. He dresses in water, water safety, in dams, mittee, there is little we can do to con- wants assurance we won’t vote on it in in diversions, in the dredging of har- vince the Democrats to be for that bill. the Senate. Who has ever heard of bors and, over on the nuclear side, all My guess is if it rocks along as it is, it that? Take a provision out of a bill the safety programs for our nuclear is going to be a partisan bill, and then that is in a bill that has been voted in weapons designs, for stockpile steward- no matter what we try to do, the Presi- by a committee. And if you want that ship, which is an entire program aimed dent is going to say, ‘‘I want more,’’ bill to see the light of day in the Sen- at making sure our nuclear bombs are and the President is going to say, ‘‘It is ate, you take out a provision and you safe and sound without us doing any not a good enough bill’’; and he will don’t vote on it in the Senate. underground testing? We can’t turn find some reasons to say it doesn’t fund I am not familiar with the contents that on and off and say, wait an extra this enough or that enough. We are or substance of the amendment, except month, close down the buildings, close moving toward a real shipwreck. The it has to do with a dispute between the down the people for a month or so be- issue is going to be, at some point, why upper Missouri River and the lower cause we have a little problem about are we where we are when we come to Missouri River. But it is most inter- the Missouri River that somebody that shipwreck point? esting, that the provision that the mi- doesn’t even want to let you vote on. It I am going to start today, and I will nority leader speaks of has been in the is not a question of whether that provi- watch everything I can, and I will come appropriations bills at least two times. sion is right or wrong, it is simply a to the floor. But I am starting today The President has signed it, and it has question of whether you will vote on it. taking just one bill and saying it would gone out of the Senate. Maybe some- I wonder, if we would have left it out appear to me that on the energy and thing dramatically changed in the and we would have brought it to the water bill, for some political reason, we meantime, but it has been in the bill. floor and this bill was rocking right can’t take it up, and as time passes and It has been signed. Some who know along here on the floor and somebody moves on, whether or not we can get a more than I say it has been in more offered an amendment to do just what bill and do all the things I have alluded

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7525 to or not will be in the hands of the this is a good bill, I think it could be Nevada has as much right to do things Democrats and the President, and then made better. I will not go into detail, in this Senate—Senators REID and we will see who is to blame. but I will explain the problems we BRYAN—as do Senators MOYNIHAN and I want to suggest that to the extent have. SCHUMER from New York, or BOXER and we are called ‘‘a Senate that doesn’t do We have two leaders in the Senate, FEINSTEIN from California, even though anything,’’ I believe we have to put an- Senator LOTT and Senator DASCHLE. they have millions and millions more other mantra on somebody else and we They both do tremendously good work people than we have in the State of Ne- have to talk about the marvelous ob- under very difficult circumstances. An vada. That is what the Senate is all structionism that is going on by the overused saying is that they both have about. What Senator DASCHLE and oth- other side of the aisle. It is being done a job of herding cats, trying to put ers are trying to do with this bill is with such dignity, such ease, with such jello in a bowl that doesn’t have sides. nothing that hasn’t been done in cen- platitudes about ‘‘we are all working They have a lot of problems, and we turies past, decades past. together,’’ and ‘‘we are trying to get understand that. Very rarely in legisla- So I say to my friend from New Mex- there,’’ and ‘‘we are not trying to delay tive matters do we have one of the ico, take that out and we will move things.’’ It really is that, unless they leaders step forward. forward with this legislation and then get their way on everything, there will The measure we have before us, the deal with a few controversial issues. be nothing moving in the Senate. energy and water bill, is very impor- We don’t have many controversial Now I never saw it run quite like tant to this leader. There is a provision issues. This is a very good bill, and I that, and I have never seen anyone ever in it that is extremely bad for the think we can finish it in a day. win an argument on a claim that the upper Missouri basin States. One of Let me also say this. We believe other group wasn’t doing anything. We those States, of course, is South Da- there should be certain rights pro- will see how it comes out. In the mean- kota. My friend from New Mexico stat- tected. Also under this Constitution, time, we ought to try to work together ed—and rightfully so—that the provi- we have a situation that was developed one more time, and I beg the minority sion is causing problems in the upper by our Founding Fathers in which Sen- leader on this bill—it is $23 billion, not basin States not only to the minority ators would give the executive one of the biggest. I literally beg that leader, but it has been in the bill two branch—the President—recommenda- he reconsider and let us vote and let us times, on two different bills. Of course tions for people to serve in the judici- have our 2 days of debate. There are it has. But the fact is that it was mean- ary. Once these recommendations were about five very serious problems in this ingless in the bills initially because given, the President would send the bill that will be debated. But they will what this is all about is the Fish and names back to the Senate and we be debated and done with, just as the Wildlife Service rewriting a manual, would confirm or approve those names. One of the problems we are having Missouri River issue will be debated reissuing and having a new manual. It here is it is very difficult to get people and finished if they will let us do it. was first issued before World War II I yield the floor. ended, in the early 1940s. They did a lit- approved, confirmed. We have one Sen- The PRESIDING OFFICER. The Sen- tle revision in the 1970s—minor revi- ator from the State of Michigan, Mr. LEVIN, who for 1,300 days has been ator from Nevada is recognized. sions. So for almost 60 years they have waiting to have a hearing for a very Mr. REID. Mr. President, my mind had the same manual. They have de- qualified, competent woman who wants has been reflecting on the fact that cided to rewrite it, and they are ready to be confirmed and whose name has now would be the time Senator Cover- to publish this new manual. What this been sent to the White House by Sen- dell would come in. When we would legislation does is prevent them from have a real problem, he would wander ator LEVIN. doing so. He wants a simple hearing before the in and help bring everything together. Well, the fact of the matter is that is Judiciary Committee. Senator HARKIN As we know, that will not be the case. wrong; it is bad. The legislature should from Iowa is also waiting for a nominee We attended Paul’s funeral on Satur- allow the administrative body to go to be reported out of the committee. day, and he is not here to help with the forward and do their thing to control We think that should be done. This has problems we are having here. the Missouri River. The administrative Let me just say to my friend, Sen- nothing to do with the energy and agency is prevented from doing that. water bill. It does, however, have some- ator DOMENICI, for whom I have the What Senator DASCHLE and others have thing to do with the other bills. We greatest respect, he is someone in this said is: Take that provision out of the could have moved forward on the en- body who has great power. He is chair- bill, and when that is taken out of the ergy and water bill on Friday until this man of the Budget Committee, one of bill, we will move forward on the legis- glitch came up. the senior members of the Appropria- lation. This is a bill involving $23 bil- There is lots and lots of work to do tions Committee. He is chairman of the lion, a very important bill. But this around here. We believe it would be ex- Energy and Water Subcommittee, and provision is something that should not tremely and vitally important to move he is someone with whom I have had prevent this bill from going forward. It the provision that allows the Fish and the pleasure of working for my entire should be removed from the bill, and Wildlife Service to publish its manual, time here in the Senate—on a very there are all kinds of different steps. and not have a legislative roadblock close basis in recent years on Energy We are going to have conferences on for the management of the rivers in an and Water. He has been chairman and I this bill. We are going to revisit it at appropriate fashion. The Fish and am the ranking member. It has been that time. Wildlife Service is not for the upper our bill. He is right. The chairman al- Let me also say that the history of basin States or against the lower basin ways has, as we know, a little more the Senate is such that the interest of States. They try to be an impartial latitude, as he should have. But I have the minority is always protected. We ruler. That is what they are trying to had input on the bill, and I feel very talk about this great country of ours do. comfortable with the bill we have. and we brag about our country, and we I say to my friend: Let the Fish and I say to my friend from New Mexico, should do so. It is an imperfect coun- Wildlife Service go ahead and do what for whom I have the greatest respect, try, but the best set of rules ever de- they need to do and get the energy and we have a problem with this bill that vised to rule the affairs of men and water bill brought before this body. could be resolved just like that. The women comes from the U.S. Constitu- Mr. President, I have a parliamen- fact of the matter is that no one is tion. tary inquiry. compelling me. We are all free agents What is the Constitution all about? The PRESIDING OFFICER. The Sen- in the Senate, and we have that right. The Constitution is not about pro- ator will state his parliamentary in- We are elected in our home States, and tecting the rights of the majority; it is quiry. while Senators are very persuasive in about protecting the rights of the mi- Mr. REID. Mr. President, tomorrow helping us and trying to get us to go nority. Where are those rights pro- the cloture motion on the motion to along with what they want, no one tected in our constitutional framework proceed to the Treasury-Postal bill will compels us to do things, and they more than any other place? It is in the ripen 1 hour after we convene. Is that should not. In spite of the fact that Senate. That is why the small State of correct?

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7526 CONGRESSIONAL RECORD — SENATE July 25, 2000 The PRESIDING OFFICER. The Sen- Senate will by voting on this issue— sible conduct has reared its ugly head ator is correct. which in 30 minutes could be known by on occasion since at least the 1940s, Mr. REID. Mr. President, during the 1 all sides and all parties, and a good de- particularly in the context of college hour prior to the cloture vote, a mo- cision could be made by the Senate. basketball. tion to proceed to the China PNTR leg- I thank the distinguished Senator for While the NCAA’s recent rhetoric islation is in order tomorrow morning. yielding. leaves the impression that such ‘‘point- Is that correct? The PRESIDING OFFICER. The dis- shaving’’ or ‘‘fixing’’ of games is ramp- The PRESIDING OFFICER. The Sen- tinguished Senator from Nevada is rec- ant, we can be thankful that the record ator is correct. ognized. belies the rhetoric. The two recent Mr. REID. Mr. President, we look for- Mr. BRYAN. I thank the distin- scandals of this type (those at North- ward to the majority leader making guished occupant of the chair. Mr. western University and Arizona State that motion, and filing cloture, as he President, I wish to change the focus of University) took place over five years indicated he would. We will have to the discussion on the floor from the ago in the mid-1990s. The integrity of wait and see when that cloture vote oc- previous colloquy between the senior virtually all those who compete in col- curs—either this week or when we get Senator from Nevada and the senior lege athletics is verified by the fact back after the break. Senator from New Mexico. that there were a handful of such scan- dals in the 1990s out of the thousands of I apologize for taking so much time. f The Senator from Nevada wishes to games played. While not a single sports speak, but the Senator from New Mex- ILLEGAL WAGERING ON COLLEGE bribery scandal should be tolerated, we ico would like to be heard. SPORTS need to know why they occur and by I yield the floor. Mr. BRYAN. Mr. President, earlier what means. The record is clear for The PRESIDING OFFICER. The Sen- today, the Senator from Kansas, Mr. those student-athletes who have vio- ator from New Mexico. BROWNBACK, took to the floor and ar- lated the trust of their teammates and Mr. DOMENICI. Mr. President, I gued on behalf of a piece of legislation school by engaging in illegal sports wa- want to respond. The Senator from Ne- that would affect only my State and af- gering. As a result of their illegal wa- vada does so well that I was almost fect it in a very profound and negative gering, they put themselves in debt to going to come over and sit beside him way. The ostensible purpose of the leg- the point where they committed hei- and say he is right. The fact is, he is islation I think all of us can agree nous acts of betrayal to pay off those not right. upon. I wish to put the discussion in debts to illegal bookies. At this late stage—when he knows context as I see it. We are talking If merely passing laws prohibiting there is hardly a risk of our being able about the illegal wagering on college unregulated sports gambling were to get appropriations bills finished in a sports, particularly wagering by under- enough to stop it, the practice would not be so widespread today. Sports timely manner to keep the Govern- age college students, including student gambling has been illegal for decades ment open—to tie appropriations bills athletes. I think there is no disagree- in almost every state, and Congress up because a judge has not been ap- ment that there is a serious problem acted in 1992 to prevent states from pointed is not right. It might be that and one that we recognize ought to be adding sports-based games to their there is an argument about the judicial addressed in a very serious way. state lotteries. The same statute, the appointment, but is it right in the wan- The National Collegiate Athletic As- Professional and Amateur Sports Pro- ing days of Congress, when we have sociation (NCAA) testified before the tection Act, also prohibits persons about 25 working days left, for some- Commerce Committee, as they did be- from engaging in sports-based wagering body to come along and say: Now it is fore the National Gambling Impact schemes, contests, and sweepstakes. my turn. I will not let any appropria- Study Commission (NGISC), that there Similarly, wagering on sports of any tions bills be approved by the Senate are illegal student bookies on virtually kind, college or professional, is already unless certain people are appointed to every college campus in the country, a violation of NCAA bylaw 10.3. A re- the judicial and judge positions in this including some individuals with links view of the NCAA’s publicly available country? I think it is not. to organized crime. I do not disagree computer database of rules infractions Second, this is not a partisan issue. I with that assessment. The matter is so cases indicates that, as of 1998 (the last don’t know if it is a minority versus serious that some students have actu- year for which cases are posted), en- majority party issue, because I think ally been threatened with bodily harm forcement of bylaw 10.3 is infrequent in the final analysis there are some to collect gambling debts owed to ille- and spotty at best. people on that side of the aisle who gal student bookies. I do not disagree The database reveals that the NCAA would like to vote on their issue and with that assessment. brought only 23 enforcement actions who may not agree with the distin- The NCAA has known at least since against student-athletes from 1996 to guished minority leader as to their in- the three-part investigative series pub- 1998, even though the University of terests for their respective States. lished by Sports Illustrated in 1995 that Michigan and University of Cincinnati My last point is that we protect mi- the illegal gambling problem on Amer- studies indicate that thousands of vio- nority rights. But I wonder in this ica’s college campuses was widespread lations occurred. In some of the 23 case, when it is obvious that Missouri and growing. A recent University of cases, the violations centered on such River upper and lower groups are going Michigan survey found that nearly half routine practices as students wagering to argue about this, if it is a question of all male student-athletes nation- team jerseys with each other. In the of protecting minority rights. It stands wide—45 percent—gambled illegally on face of organized student bookmaking in the way of getting a vote on the college and professional sports. A na- operations with links to organized issue. If it is important enough to the tionwide survey of NCAA Division I crime handling large sums of cash wa- upper Missouri that they think it is male basketball and football student- gers, such an enforcement ‘‘strategy’’ very important but it is also similarly athletes conducted for the NCAA by a is at best misplaced. important to those on the lower Mis- University of Cincinnati research team Against this backdrop of a serious souri, it would seem that the way to found that over one-fourth gambled in national problem with illegal sports settle it is to let our colleagues under- college sports. Sadly, a small number gambling, the legislation to which I re- stand the issue—that is what this Sen- in each survey gambled on games in ferred, S. 2340, takes the very peculiar ate is all about—and let us vote. I don’t which they played. They were wrong. approach of targeting the only place in quite understand why we can’t vote. I Beyond the broader issue of the ex- America where sports wagering is wonder what is worrying people. The tent to which student-athletes, and legal, regulated, policed, taxed, and Senate expresses its views on many students generally, gamble on sports il- confined to adults over age 21—the things. It resolves disputes such as this legally, there are the troubling cases of State of Nevada. Furthermore, the regularly. improper influence being exerted on facts are that legal wagering in Nevada But, in this case until some future student-athletes by those who seek fi- amounts to only about one percent of date, who knows when we will not be nancial gain from placing sports wa- all sports gambling nationwide, 99 per- permitted to express the collective gers on ‘‘fixed’’ games. This reprehen- cent of which is already illegal. The

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7527 NGISC estimated that illegal sports during April 7–12, 70 percent of respond- According to a national Harris Poll survey wagering in the United States ranged ents who read or look at point spreads of 1,024 respondents conducted during April from $80 billion to $380 billion annu- on college sports do so to obtain infor- 7–12, 70 percent of respondents who read or ally. In contrast, legal sports wagering mation about a favorite college team look at point spreads on college sports do so to obtain information about a favorite col- in the State of Nevada last year to- and to increase their knowledge about lege team and to increase their knowledge taled approximately $2.5 billion, with an upcoming sporting event. Only 11 about an upcoming sporting event. Only 11 roughly a third of that amount bet on percent of the respondents said that percent of the respondents said that they college sporting events. they read or look at point spreads on read or look at point spreads on college The central question then, which college sports to place a bet with a sports to place a bet with a bookmaker. NAA supporters of the legislation fail to an- bookmaker. NAA believes that publica- believes that publication of point spreads swer adequately, is how does pre- tion of point spreads provides useful in- provides useful information to millions of venting adult tourists and convention- formation to millions of newspaper newspaper readers, of whom 96 percent are 21 and over (MRI Spring 2000 Study). eers from placing sports wagers in Ne- readers, of whom 96 percent are 21 and Second, pointing the spotlight on pub- vada affect what happens on and off over (MRI Spring 2000 Study). lished point spreads in newspapers fails to college campuses in the other 49 states. Second, pointing the spotlight on acknowledge that an individual can obtain Each of the attempted answers to this published point spreads in newspapers point spreads on college games through central question is completely fails to acknowledge that an individual many different sources. These sources in- unpersuasive. can obtain point spreads on college clude sports talk shows on radio and tele- First, the central premise underlying games through many different sources. vision, magazines, toll-free telephone serv- this legislation is that eliminating the These sources include sports talk ices and the Internet. Illegal bookies on col- small amount of legal sports wagering lege campuses and in the general population shows on radio and television, maga- will continue to set the betting lines inde- in Nevada will cause newspapers across zines, toll-free telephone services and pendent of any published point spread. Any- the country not to publish betting the Internet. Illegal bookies on college one who is intent on placing bets on games lines or point spreads, thereby curbing campuses and in the general population can and will obtain point spreads, even if illegal gambling activity. This notion will continue to set the betting lines they are not published in the newspaper. is further evidenced by the committee independent of any published point Finally, NAA applauds the sponsors of the report accompanying S. 2340, the Ama- spread. Anyone who is intent on plac- legislation for resisting the temptation to teur Sports Integrity Act, which states ing bets on games can and will obtain impinge upon constitutionally protected that ‘‘. . . point spreads are generated freedoms of speech by proposing a prohibi- point spreads, even if they are not pub- tion on the publication or dissemination of for no other reason than to facilitate lished in the newspaper. point spreads on college games. Over the betting on college sports.’’ It is impor- Mr. President, I ask unanimous con- years, the Supreme Court consistently has tant to note that neither the Com- sent this letter be printed in the recognized that a consumer’s interest in the merce Committee nor the NGISC took RECORD. free flow of information ‘‘may be as keen, if testimony from newspapers to deter- There being no objection, the letter not keener by far, than his interest in the mine if in fact they would cease pub- was ordered to be printed in the day’s most urgent political debate.’’ Virginia lishing betting lines if sports gambling RECORD, as follows: State Bd Of Pharmacy v. Virginia Citizens Con- sumer Council, Inc., 425 U.S. 763 (1976). We were made illegal in Nevada. Similarly, NEWSPAPER ASSOCIATION OF AMERICA, commend you and your colleagues for being Vienna, VA, June 7, 2000. no testimony was taken to determine particularly sensitive to maintaining the Hon. HENRY HYDE, whether illegal sports wagering would free flow of information, which citizens of Chairman, be reduced even if newspapers ceased this country have come to expect and enjoy. Hon. JOHN CONYERS, publishing this information. I made the NAA appreciates the opportunity to com- Ranking Member, ment on this legislation before your com- point at the time of the hearing on S. Committee on the Judiciary, House of Rep- mittee. 2340 that it’s not too much to ask that resentatives, Washington, DC. Respectfully submitted, such due diligence be conducted before DEAR CHAIRMAN HYDE AND CONGRESSMAN JOHN F. STERN, a legal industry and its employees are CONYERS: The purpose of this letter is to re- President and CEO. legislated out of existence spond to your request for comment on H.R. Just recently the Newspaper Associa- 3575, the Student Athlete Protection Act, Mr. BRYAN. Mr. President, the tion of America broke their silence and which prohibits high school and college NCAA has threatened for years to deny shared their thoughts on this legisla- sports gambling in all States, including Ne- NCAA-sponsored tournament press cre- vada, where gambling on college sports is tive proposal, and, not surprisingly, dentials to newspapers that publish currently legal. lines, but they have never done so. they completely refuted the primary The Newspaper Association of America argument put forth by the sponsors of (NAA) is a nonprofit organization rep- These hollow threats are further evi- this amendment. I’d like to share with resenting more than 2,000 newspapers in the dence of the futility of this exercise. my colleagues the content of their let- U.S. and Canada. Most NAA members are Secondly, we have been told that this ter to the House Judiciary Committee. daily newspapers, accounting for 87 percent legislation, while admittedly no pan- This is a letter, dated June 7 of this of the U.S. daily circulation. acea, will ‘‘send a message’’ to students NAA understands the concern Congress has year, addressed to the chairman and and others that sports gambling is ille- with respect to illegal sports gambling on gal. Again, there is a complete absence ranking member of the House Judici- college campuses, including the existence of ary Committee. Let me read the opera- illegal bookmaking operations that involve of any empirical evidence or fact-based tive provisions: student-athletes as well as members of the testimony that America’s college stu- If Congress prohibits gambling on general student population. Our comments dents, or adults for that matter, will college sports, NAS believes news- on the proposed legislation are limited to an heed such a so-called ‘‘message.’’ By papers will continue to have an inter- issue that has been raised concerning publi- this logic, we should reinstate Prohibi- est in publishing point spreads on col- cation of point spreads on college sporting tion on serving alcohol to adults over lege games, since point spreads appear events, and whether a prohibition on gam- the age of 21 to ‘‘send a message’’ to bling on college games will persuade news- minors about drinking and to reduce to be useful, if not valuable, to news- papers not to publish point spreads on these paper readers who have no intention of games. binge drinking by underage students on betting on games. First, like all editorial decisions, the deci- college campuses. The absurdity of That is a pretty clear statement that sion on whether to publish point spreads for such an approach is self-evident, and it this association, representing Amer- college sporting events is made by each applies with equal force to this legisla- ica’s newspapers, believes, notwith- newspaper and the decision to publish or not tion. standing any legislative prohibition, publish will vary from newspaper to news- The real message that this legisla- that newspapers in America will con- paper. If Congress prohibits gambling on col- tion will send is that shirking responsi- lege sports, NAA believes newspapers will bility and pointing fingers at others is tinue to publish these point spreads on continue to have an interest in publishing games. point spreads on college games, since point the appropriate manner in which to The letter goes on to point out: spreads appear to be useful, it not valuable, handle a serious national problem. Ev- According to a national Harris Poll to newspaper readers who have no intention eryone should agree that a problem so survey of 1,024 respondents conducted of betting on games. pervasive on college campuses should

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7528 CONGRESSIONAL RECORD — SENATE July 25, 2000 be addressed comprehensively and with gambling abuse and to counsel those made by Senator BRYAN, except to say a serious commitment from the NCAA who suffer from such problems. I respect his view. But I do believe and its member institutions, including Finally, while this bill directly im- there is a compelling case that has federal requirements enshrined in ap- pacts Nevada, let me suggest to my been made, not by this Member but by propriate legislation. colleagues we should be alarmed by the the college coaches and the university While we heard considerable rhetoric precedent that would be established if presidents who say this is placing these at our Commerce Committee hearing this bill becomes law. For over 200 young—as Coach Calhoun called concerning what the NCAA intends to years the Federal Government has de- them—kids in the path of temptation do about illegal gambling on college ferred to the State to determine the that is something that could be very campuses, there was very little testi- scope and type of gaming that should unhealthy for them. mony concerning what concrete steps be permitted within their borders. The So I respect the views of my friends at NCAA has taken to date. For exam- Professional and Amateur Sports Pro- from Nevada. I hope we will have a vig- ple, the chairman of the NCAA’s execu- tection Act preempted that authority orous debate on this issue, and hope- tive committee testified that during as it relates to sports wagering, but fully we will be able to address it one the ten years he has served as presi- only prospectively. If Congress sees fit way or another. But I do believe it is dent of his university, he could not re- to overturn Nevada’s sports wagering an issue of some importance, at least if call a single case of a student being ex- statutes that have been on the books you believe those who are closest to pelled or otherwise disciplined for ille- for many decades, it sets a dangerous these young men and women, our col- gal gambling, even though he acknowl- precedent that should be cause for con- lege athletes. edged there are illegal student bookies cern for the other 47 States with some Mr. BRYAN. Will the Senator yield on his campus. form of legal gaming operations. for a moment? We are repeatedly told by the spon- We all agree as to the serious nature Mr. MCCAIN. I am happy to yield. sors of this legislation that the NCAA of the problem. Unfortunately, the leg- Mr. BRYAN. I will just acknowledge has plans to set up its anti-gambling islative proposal will do nothing to ad- his very generous comments. I appre- initiatives. The facts belie the accu- dress that issue. ciate that. racy of those assurances. For example, As I have said during my testimony Let me respond in turn. I have been the NCAA’s total operating revenue for before the Commerce Committee, this privileged and honored to serve in that 1998–99 was $283 million. Within the legislation is an illegal bookie’s dream. committee with him as chairman. We overall budget, there was a line item I yield the floor. have worked on many, many issues, for ‘‘sports agents and gambling’’ that The PRESIDING OFFICER (Mr. L. not only the athletic issues which we equaled $64,000. Similarly, the line item CHAFEE). The Senator from Arizona. have addressed, but both of our respec- for 1999–2000 is $139,000 out of revenue of Mr. MCCAIN. Mr. President, before tive jurisdictions are going to enjoy ex- $303 million. Only three of nearly 300 my friend from Nevada leaves the floor, panded air service as a result of his NCAA employees are assigned to gam- I intend to make a couple of comments leadership, providing nonstop service bling issues, and those persons have on his statement. One of the most val- to the Nation’s Capital from our re- other responsibilities in addition to il- ued members of the committee is Sen- spective States. So I assure him my legal sports gambling. ator BRYAN from Nevada. comments are in no way intended to be The NCAA’s own presentations to the Senator REID and I came to the personal to him. It is a difference of NGISC and in other venues indicate House of Representatives together opinion. The Senator from Arizona, that there are many other important many years ago. I consider us to have who is a tenacious advocate and fear- steps that should be taken, beyond a very warm and excellent relationship less defender of his own State, can un- what this legislation would do, to ad- over many years. derstand the Senator from Nevada ob- dress the problem of illegal gambling I will miss Senator BRYAN very much viously has serious concerns. They are on college campuses. The NCAA and its as he leaves—not only the Senate but honest differences of opinion with the members have failed to follow through as a much valued member of our com- Senator from Arizona. I wanted to on the very steps they recommended to mittee. Coincidentally, on the issue of state that for the RECORD. the commission just one year ago. For sports, Senator BRYAN and I were able Again, I thank him for his very gen- example, much was made at our hear- to work together on a couple of boxing erous comments. ing about the NCAA’s use of a new pub- issues that a lot of our Members did Mr. MCCAIN. I thank Senator BRYAN. lic service announcement during the not care much about. But hopefully we I will come to the floor sometime in telecast of the men’s basketball tour- were able to assist some people who September to chronicle his many ac- nament. There was little evidence that come from the lowest economic rung of complishments and the admiration and this PSA was shown either frequently our society and prevent, at least to heartfelt affection I have for Senator or during times of maximum audience some degree, the exploitation to which BRYAN. But at the moment I say we exposure. Furthermore, there is no in- many of them are subjected. will respectfully disagree. I think we dication that the NCAA followed the I preface my comments with a brief will have both an interesting and, I recommendation of the NGISC and spe- response to both Senators from Ne- hope, illuminating discussion of what cifics PSA commitments be written vada. Again, I say that with respect has become, in the eyes of many, an into the NCAA’s television contracts. and affection. important issue. I thank Senator A $6 billion, 11-year deal for the tele- I did not invent this legislation, nor BRYAN for his kind remarks. I will miss vision rights to the men’s ‘‘March Mad- did it come from any Member of this him, although I want to make it clear ness’’ basketball tournament was body. It came as a result of the Na- that he is not departing this Earth. In signed by the NCAA with CBS Sports tional Gaming Impact Study Commis- fact, he may be going to a much more after the NGISC made this rec- sion, a commission that met for a long rewarding and comfortable lifestyle. ommendation in its Final Report. time and came up with this strong rec- f There is a serious need for a com- ommendation. Then the issue was bination of enforcement, education, picked up by the NCAA coaches. Some THE SITUATION IN FIJI and counseling initiatives to address il- of the most respected men and women Mr. McCAIN. Mr. President, let us legal gambling by high school and col- in America, obviously, are our college imagine for a moment that a ragtag lege students. Unfortunately, the Com- coaches, people of the level of Dean group of armed rebels in Australia was merce Committee took no testimony Smith, Joe Paterno, Jim Calhoun, and able to infiltrate the parliament in from those individuals on campus, in so many others who have made this a Canberra and put a gun to the head of our states, and at the Federal level high visibility and important issue, at the Australian Prime Minister. Let us who are charged with enforcing the least to them, including the presidents imagine that these rebels, led by a laws that already make this activity il- of the colleges and universities across failed indigenous businessman who legal. Similarly, we heard very little the country. claimed to speak for the native people from professionals whose job it is to I will not rebut their comments or and against those of European descent educate students about the dangers of try to respond to all the comments who had ‘‘colonized’’ the island, held

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7529 the Prime Minister and members of his that ‘‘is almost certain to reduce Indo- to redress some of the wrongs we had government hostage for several months Fijians to political footnotes,’’ in the inflicted on some of our own fellow in the Parliament building. Let us also words of one observer. The economy, citizens. After a titanic civil rights imagine that, during this period, cen- and the tourist industry that sustains struggle, we are at least on the path to tral government authority across Aus- it, are in shambles. assuring equality for all in this great tralia withered as armed gangs set up Democracy is dead in Fiji. Rule by Nation of ours. For us to sit by and roadblocks, occupied police stations law has succumbed to the law of the watch an ethnic group be subjected to and military barracks, torched homes jungle and one man, in league with a constitution and rulers that place and businesses owned by those with dif- armed criminals, has personally de- them in a permanent inferior status, ferent ancestry, seized tourist resorts, stroyed a successful experiment in rep- flies in the face of everything the and generally terrorized innocents resentative, multi-ethnic rule. The United States has stood for and, clear- across the country. United States must stand firm in our ly, in our assertion that all men and What would America’s response be to absolute refusal to ratify the results of women are created equal and endowed such a violent takeover of a demo- a coup that ended democratic govern- by our Creator with certain inalienable cratic government and the abduction of ance in Fiji. We cannot and shall not rights. its prime minister by race-baiters who condone the violent establishment of a I hope the administration, the Amer- proclaimed that under their ‘‘new government and a constitution predi- ican people, and those of our allies, in order,’’ there would be no place in gov- cated on racial exclusion. We should be Asia and all over the world, including ernment or, indeed, in society for those prepared to suspend what little amount at the United Nations, will do whatever with different ethnic roots, and who of assistance we provide to Fiji if the they can to restore equality and equal reveled in the armed chaos they had in- government remains intransigent. opportunity in this very lovely island. spired? At a minimum, I would expect More importantly, we and our allies in It is important for me to note that I the United States to impose tough Asia and Europe should make clear visited this beautiful country on sev- sanctions on the illegitimate regime; that Fiji will remain isolated until the eral occasions, which is one reason why mobilize our allies in Asia and at the interim government in Suva estab- I have a very special feeling for it and U.N. Security Council to speak force- lishes a clear blueprint for a return to a special sense of sadness because it is fully and with one voice against the democratic rule by an administration a beautiful country filled with very coup; and join like-minded nations in that does not include George Speight gentle people. resolutely affirming that the country and his criminal allies. We cannot com- I yield the floor. in question would suffer lasting isola- promise on the principle that the Indo- EXHIBIT 1 tion and international condemnation Fijians who constitute nearly half of GOODBYE TO FIJI until constitutional governance and their nation’s population must once Say goodbye to Fiji, and say it soon. The the rule of law were restored. again have a voice in its affairs. country is going rapidly down the tubes. Unfortunately, this scenario is play- The haunting words of an ethnic Two months ago, Fiji wasn’t such a bad ing out as we speak in Australia’s Fijian social worker vividly capture place. It ambled along at a South Pacific neighbor Fiji, an island nation in the the agony of a nation that many people pace. The locals were laid back and well fed, South Pacific that is home to some of believe to be as close to paradise as can and prone to a languor induced by regular the warmest, most gentle people I have be found on this Earth. He laments: cups of kava, the narcotic beverage of pref- had the pleasure of meeting. George ‘‘Fiji was such a nice place. We pro- erence in those parts. Tourists flocked in Speight, an ethnic Fijian and failed from Australia and New Zealand, attracted moted it as ‘the way the world should to resorts with names like Buca Bay, businessman, led a coup on May 19 that be.’ Now it is the devil’s country.’’ Rukuruku and Turtle Island, where ‘‘The toppled Fiji’s democratically elected Let us use the resources at our dis- Blue Lagoon’’—an execrable film that government and its first Indo-Fijian posal as a great and moral nation to launched the cinema career of Brooke prime minister, Mahendra Chaudhry. oust this devil and return Fiji’s govern- Shields—was shot 20 years ago. In a nutshell, Speight, whom the Economist calls a ment to all of its people. Fiji was so serene that even honeymooners ‘‘classic demagogue,’’ is utterly dis- I ask unanimous consent that the from the American Midwest were not ruffled dainful of democracy, law, and Fijians text of an editorial from the July 19th by the grueling journey it took to get there. of Indian descent, who constitute 44 edition of the Wall Street Journal enti- All that changed on May 19, when a man called George Speight barged into par- percent of their nation’s population. tled ‘‘Goodbye to Fiji’’ be printed in liament with a throng of thugs and took If Speight has his way, democratic the RECORD following my remarks. Mahendra Chaudhry. the Prime Minister, rule, racial harmony, and basic justice The PRESIDING OFFICER. Without hostage—along with most of the country’s in Fiji have no future, and nearly half objection, it is so ordered. cabinet. They were released only last week, of Fiji’s people, disenfranchised by the (See exhibit 1.) and have all been stripped of office. coup, will have been relegated to the Mr. MCCAIN. Mr. President, I have Mr. Speight is an ethnic Fijian, of Melane- status of second-class citizens and un- two additional comments. sian stock, and Mr. Chaudhry is of Indian de- witting hostages of a government that There is a lot of unrest in Asia today. scent, as is 44 percent of the country’s popu- Indonesia is ridden with ethnic strife, a lation. The former maintains that he was abhors them for the color of their skin. acting in the interests of the Melanesian ma- As Speight bluntly puts it: very important country that is the jority, who constitute just over half of all There will never be a government led by an largest Moslem country in the world Fijians. The Indians, he declares, are ‘‘the Indian, ever, in Fiji. Constitutional democ- and one whose fortunes, economically exploiters’’ and ‘‘the enemy.’’ Unabashedly racy, the common-law version—that will and ethnically, have declined severely. racial in his vision of Fiji, he insists on the never return. The Solomon Islands, an area where permanent exclusion of Indians from govern- The hostages, including the deposed American blood was shed many years ment office. He calls also for curbs on the Prime Minister, have been released, ago, has been mistreated by ethnic commercial mobility of Indians, who control and Speight’s forces have apparently strife and armed gangs taking over and a lion’s share of the Fijian economy. cut a deal with Fiji’s military and tra- The Indians, cast as ‘‘outsiders’’ by Mr. lawlessness and banditry being the Speight, are descended from indentured plan- ditional leaders for the composition of order of the day there. tation workers who were brought to the ar- a new government—a government led In Fiji, we see, again, ethnic unrest chipelago by the colonial British administra- by an ailing figurehead controlled by that is harmful not only to the coun- tion a century ago. Most Indians are fourth- the coup leader. The new cabinet will try, but the people who are most af- generation Fijians. From where we stand, be comprised exclusively of ethnic fected first will be the poorest people that makes them no less entitled to all the Fijians, with the sole official of Indian in Fiji, many of them the ethnic rights of citizenship—whether political or descent relegated to a non-cabinet post Fijians whose livelihood is gained from commercial—than an ethnic Fijian might be. as one of two assistant ministers for the now disappearing tourist industry. Mr. Speight doesn’t see things that way. Neither, alas, does Fiji’s Great Council of multi-ethnic affairs. The country’s Finally, the United States has a spe- Chiefs, a body of tribal elders that enjoys ill- multi-racial constitution has been offi- cial obligation as the world’s leader. I defined, but very real, powers under the cially scrapped in favor of a document think we as Americans are most proud country’s racially skewed customary law. To being prepared by the new government that, following World War II, we began their discredit, the chiefs have given their

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7530 CONGRESSIONAL RECORD — SENATE July 25, 2000 imprimatur to Mr. Speight’s objectives, as However, it appears that one of the river because the river flows are so es- have sections of the armed forces. provisions, which is totally consistent sential to the well-being of our State. The country’s interim prime minister, ap- with language that has been in pre- The Corps’ plan for rewriting the way pointed by the army chief while Mr. Chaudhry was hostage, last week unveiled a vious bills regarding flows in the Mis- the river will be managed is known as ‘‘Blueprint’’ for the ‘‘protection’’ of indige- souri River system, is not to the liking the Missouri River Master Manual. It nous Fijians. The document comprises an ill- of some individual Senators. In par- would send additional surges of water judged plan for commercial affirmative ac- ticular, the minority leader has indi- down in the spring, which would cause tion, designed to ‘‘advance the interests of’’ cated his opposition to Section 103. flooding, and withhold additional water the country’s ethnic majority. Indians are to Senator DASCHLE has done what he in the fall, which would cause low lev- be excluded in areas where they are ‘‘over- could to prevent debate on this section, els in the river. represented,’’ and ethnic Fijians are to get and has worked to make sure the bill If you make the level of the river low preferential royalties, subsidies, tax breaks, in the fall, the crop which has been rents and licenses. does not come to the floor at all. The problem with this ethnic gravy train, That is a harsh and inappropriate grown can’t be shipped as efficiently of course, is that Fiji will soon run out of way for us to act. If any Senator does when there is inadequate river flow for gravy. The sugar industry, manned by Indi- not like a provision, then that Senator transportation. Of course, you may not ans, is in disarray. Tourism, which contrib- can move to strike the provision, and have a crop to ship if in the spring you utes $235 million per annum to the econ- the Senate can vote on such a motion. release so much water that you cause omy—and which is second only to sugar in Unfortunately, this election to stall; to widespread flooding. This flooding po- Fiji’s economic schema—has ground to a jar- interrupt the progress and business of tential concerns many of our commu- ring halt. After the recent invasions of lux- nities. I have worked closely with the ury resorts by knife wielding ‘‘traditional the Senate; to say we do not want to landowners,’’ it’s hard to see those Aussies, allow a bill to come to the floor as it rest of the Missouri delegation in the Kiwis and Midwestern honeymooners coming was reported by the committee and as Congress, the Missouri Farm Bureau, back. A flight of disenfranchised Indo- it has come year after year is a way to and the Mid-America Regional Council Fijians to Australia and New Zealand is interrupt the business of the Senate, is 2000. We uniformly oppose management under way. This will drain Fiji of its best inappropriate. of the river in a way that would cause technical and entrepreneurial stock. I was pleased that earlier this after- flooding in the Spring, and then a re- Mr. Speight and his cohorts will learn noon the majority leader filed a clo- striction of the flow of the river in the swiftly that running an economy is a lot harder than storming a parliament. Theirs is ture motion on the energy and water fall which would make impossible the no more than a blueprint for economic sui- appropriations measure, but it is unfor- kind of transportation upon which our cide. tunate that he had to do so. I regret farm, agricultural, and other industries The PRESIDING OFFICER. The Sen- the majority leader had to take such must rely. ator from Missouri. action, but because the Democrats in- The U.S. Fish and Wildlife Service Mr. ASHCROFT. Mr. President, I sisted on stalling the normal legisla- has recently recommended to the Army thank my colleague, the Senator from tive process, such action was nec- Corps of Engineers a spring pulse or Arizona, for his remarks in regard to essary. spring rise on the Missouri River. This this challenge, especially as it relates The Missouri River and the Mis- recommendation is irresponsible and to the South Pacific. sissippi River are the two most valued dangerous. The U.S. Fish and Wildlife Today, we have received very trou- treasures of Missouri citizens. They are Service wants to do this because it is blesome information about parts of In- essential for not only transportation in interested in improving environmental donesia where there is this kind of ten- our State but about 40 percent of all conditions for certain species of fish sion which is threatening the peace, the people in our State get their drink- and birds. We all are concerned about well-being, and the capacity of individ- ing water out of those rivers. They are fish and birds, the shorebirds, the pip- uals to exercise their own religious be- important for irrigation and for cost- ing plover, and the shark-like pallid liefs in ways they see fit. This trouble- efficient transportation. sturgeon fish. But this protection some disorder is to be noted and under- I have had the privilege through the should not come at the expense of the stood, and we should speak out on it. I decades of fighting to protect that re- lives of thousands of people living thank the Senator from Arizona for his source, not only for human consump- downstream. remarks. tion but for transportation as well. As Section 103 to H.R. 4733, forbids any funding in the bill from being used to f attorney general, I was involved in liti- gation that went all the way to the Su- revise the Missouri River Master Water THE MISSOURI RIVER SYSTEM preme Court. I was pleased to be part Control Manual to allow for an in- Mr. ASHCROFT. Mr. President, I rise of that, to be a moving factor in that crease in the springtime water release today to talk about something closer litigation which protected our program during the spring heavy rain- to home for me. Perhaps one of the waterflows at that time in the river. fall and snowmelt period in the States. most important things that has ever I watched as the Missouri River, This spring release, or spring rise, or been known or understood in the econ- when it had inadequate flows, para- spring pulse would be dangerous for all omy of Missouri is the Missouri River. lyzed a community. I remember years citizens living and working down- It is part of the lifeblood of our State. ago when I was Governor, an ice bridge stream from Gavins Point, located on It transports commerce from one part developed. This was a natural impair- the border of Nebraska and South Da- of the State to another and from our ment of the flow north of Missouri in kota. State down through the Mississippi to the river and north of the city of St. It normally takes about 12 days for the Gulf of Mexico and around the Joseph. Instead of the water flowing water to travel from Gavins Point to world. down, the ice jam backed up the water. St. Louis. During the spring, weather There are some troublesome issues The river levels fell and a great city in the Midwest is especially unpredict- regarding the flows in the Missouri such as St. Joseph, MO, was without able. It is usually said if you don’t like River. They relate to the energy and water. When I went to look at the the weather, just wait a bit. If it is water appropriations bill which in- water intake facility for St. Joseph, I that unpredictable, especially in the cludes specific measures relating to noticed the water was a foot or two spring, it is very difficult to correctly language in this year’s bill that is iden- below the intake. We worked night and predict the weather for a 12-day period. tical to language found in previous day to get a new pump and a new sys- And if you are going to send a big pulse bills. tem of drawing water out of the river. of water down the river and then, as Under normal Senate procedure once Proper river flows are essential to the you are in the process of doing so, a committee acts and reports out a well-being of our State. there is a substantial rainstorm or se- bill, the bill comes to the floor, and if In the committee report of the en- ries of storms that develop, the very a Senator does not like a certain provi- ergy and water appropriations bill, purpose of restricting flooding and pro- sion in the bill, then that Senator has Section 103 prohibits the expenditure of viding a basis for reasonable flow in the right to move to strike that posi- resources to diminish the flow or to the river is defeated. If you are already tion. That is a guaranteed right. otherwise tamper with the flow of the sending a charge of water down the

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7531 river that is closer to the capacity of down the little progress we are mak- total judicial emergency vacancies in the river, any additional rain from na- ing. the federal court system. I know how ture would create widespread flooding Our hearing today included three fond our Chairman is of percentages, so in the downstream communities. nominees moved forward to fill posi- I note that the vacancy rate for our The combination of a spring rise and tions on the District Court of Arizona Courts of Appeals is more than 11 per- a heavy rain during the 12-day period that have all been declared judicial cent nationwide. Of course that va- would increase greatly the chances for emergencies. Each of the nominees was cancy rate does not begin to take into downstream flooding. The spring rise nominated last Friday. They are now account the additional judgeships re- would come at a time of the year when having their hearing, they look for- quested by the Judicial Conference to downstream citizens are the most vul- ward to being voted out of committee handle their increased workloads. If we nerable to flooding. The Corps’ plan on Thursday and approved by the Sen- added the 11 additional appellate provides less flood control and less ate before the week is out—within one judges being requested, the vacancy navigability than the current plan, week of nomination. This demonstrates rate would be 16 percent. By compari- thus it should not be imposed. what we can do when we want to take son, the vacancy rate at the end of the I oppose the Corps’ plan for rewriting action. All the talk about needing six Bush Administration, even after a the Missouri River Master Manual, and months or more to process and review Democratic Majority had acted in 1990 I call on the Corps to adopt a plan that nominees is just that—talk. If all goes to add 11 new judgeships for the Courts better suits a balance among water according to schedule, these nominees of Appeals, was only 11 percent. Even uses. If the President decides, after we will be in and out of the Senate in less though the Congress has not approved have passed the bill with this same pro- than one week. a single new Circuit Court position vision in it that we have had in it for We could do that with a number of within the federal judiciary since 1990, the last several years, to veto it, it is nominees. Instead, this is a Senate the Republican Senate has by design his prerogative. But what that tells the that has kept highly-qualified nomi- lost ground in filling vacancies on our citizens of the lower Missouri basin is nees, such as Richard Paez and Marsha appellate courts. that the Clinton-Gore administration Berzon, waiting for years before they At our first Judiciary Committee meeting of the year, I noted the oppor- is willing to flood downstream mid- get a vote. There is just no reason to tunity we had to make bipartisan western communities. It is that simple. have a qualified nominee like Judge strides toward easing the vacancy cri- Section 103 provides the necessary pro- Helene White of Michigan held hostage sis in our nation’s federal courts. I be- tection for all citizens downstream for over 42 months without a hearing. I am disappointed to have seen an- lieved that a confirmation total of 65 from the Gavins Point Dam who live by the end of the year was achievable if and work along the banks of the Mis- other hearing come and go without even one nominee to fill one of the we made the effort, exhibited the com- souri River. mitment, and did the work that was In closing, each Senator is entitled to many vacancies to the Courts of Ap- peals around the country. I was encour- needed to be done. I urged that we pro- his or her opinion on any piece of legis- ceed promptly with confirmations of a aged to hear Senator LOTT recently say lation, but the Senator should under- number of outstanding nominations to stand that that opinion should be re- that he continues to urge the Judiciary Committee to make progress on judi- the Court of Appeals, including quali- flected in the legislative process with fied minority and women candidates. cial nominations. The Majority Leader opportunities to strike. That opinion Yet only five nominees to the appel- should not be expressed by keeping leg- said: ‘‘There are a number of nomina- late courts around the country have islation reported by committees from tions that have had hearings, nomina- had nomination hearings this year and coming to the floor. We simply want to tions that are ready for a vote and only three of those five have been re- debate section 103 and any motion with other nominations that have been ported by the Committee to the Senate regard to this commonsense provision. pending for quite some time and that and confirmed—only three all year. We are willing to live by the will of the should be considered.’’ He went on to The Committee included no Court of Senate in determining what should be note that the groups of judges he ex- Appeals nominees at the hearings on the outcome. We believe the avail- pects us to report to the Senate will in- April 27 and July 12, and there are no ability of this legislation should not be clude ‘‘not only district judges but cir- Court of Appeals nominee at the hear- curtailed, especially since it includes cuit judges.’’ Unfortunately, the Com- ing today. The Committee has yet to identical language found in the last mittee has not honored the Majority report the nomination of Allen Snyder several years of this same energy and Leader’s representations and was only to the District of Columbia Circuit, al- water appropriations. As a matter of willing to consider a few District Court though his hearing was 11 weeks ago, fact, it is the will of the committee nominees at today’s hearing. Pending or the nomination of Bonnie Campbell which has sent it to the floor. before the Committee are a dozen to the Eighth Circuit, although her With that in mind, I look forward to nominees to the Federal Courts of Ap- hearing was eight weeks ago. The Re- working to protect the interests of peals who are awaiting a hearing—12 publican candidate for President talks Missouri citizens, to protect them nominees, not one of which the Repub- about final Senate action on nomina- against flooding in the spring and to lican Majority saw fit to include in this tions within 60 days and we cannot get protect the output and available water hearing. Left off the agenda are Judge the Committee to report some nomina- resources for a flow which will support Helene White of Michigan, who is now tions within 60 days of their hearing. navigation in the fall. the longest pending judicial nomina- There is no good reason to have a I yield the floor. tion at over 42 months without even a qualified nominee such as Judge He- The PRESIDING OFFICER. The Sen- hearing; Barry Goode, whose nomina- lene White of Michigan held hostage ator from Vermont. tion to the Ninth Circuit was the sub- for over 42 months without a hearing— f ject of Senator FEINSTEIN’s statements 42 months, and she has not even gotten at our Committee meeting last Thurs- a hearing. We had two men who were JUDICIAL NOMINEES day and who has been pending for over nominated last Friday, and they had a Mr. LEAHY. Mr. President, I am two years; as well as a number of quali- hearing today. They will probably be sorry I was not on the Senate floor to fied minority nominees whom I have confirmed this week. Helene White has hear Chairman HATCH earlier this been speaking about throughout the been held hostage for over 42 months afternoon. I was attending an impor- year, including Kathleen McCree Lewis without a hearing. She is the record tant confirmation hearing and chairing of Michigan, Enrique Moreno of Texas holder for judicial nominees who have a meeting of the bipartisan Internet and Roger Gregory of Virginia. had to wait for a hearing—and her wait Caucus. I spoke to the issue of judicial I noted for the Senate last Friday continues. It is insulting to the people nominations last Friday and say, that there continue to be multiple va- of Michigan, insulting to the court, and again, with 60 current and long- cancies on the Fourth, Fifth, Sixth, insulting to her. The people of Michi- standing vacancies within the federal Ninth, Tenth and District of Columbia gan deserve a vote up or down on this judiciary, and seven more on the hori- Circuits. With 20 vacancies, our appel- outstanding lawyer and Judge from zon, we cannot afford to stop or slow late courts have nearly half of the Michigan.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7532 CONGRESSIONAL RECORD — SENATE July 25, 2000 Now why do I keep mentioning this? of the American Bar Association, even 24 and October 8, 1992, the Senate con- I keep mentioning it because, frankly, though he was a justice of his state’s firmed 32 judicial nominations. I will we are doing a poor job in confirming highest court, and even though he was work with the Republican Majority to judges. I compare this to the last year one of the most outstanding nominees try to match that record. of President Bush’s term. We had a either of a Democratic or Republican One of our most important constitu- Democratic majority in the Senate. We President to come before the Senate. tional responsibilities as United States confirmed twice as many judges then At least he had a vote. I think the vote Senators is to advise and consent on as this Senate is confirming now with was wrong; he should have been con- the scores of judicial nominations sent a Republican majority and a Demo- firmed. But at least he had a vote. to us to fill the vacancies on the fed- cratic President. Something was said I also worry about are all these peo- eral courts around the country. I con- the other day that, well, the Demo- ple who are not even given a vote. tinue to urge the Senate to meet its re- crats are in the minority, and that is Senator HATCH compared this year’s sponsibilities to all nominees, includ- probably why they complain so. Well, confirmation total against totals from ing women and minorities. That these heavens, I would be happy to have the other Presidential election years. The highly qualified nominees are being complaints of the Republicans when only year to which this can be favor- needlessly delayed is most regrettable. they were in the minority. The Demo- ably compared is 1996 when the Repub- The President spoke to this situation crats moved twice as many judges for a lican majority in the Senate refused to earlier this month in his appearance Republican President as Republicans confirm even a single appellate court before the NAACP. The Senate should are moving for a Democratic President. judge to the Federal bench. The total join with the President to confirm It is a simple fact. that year was zero. That is hardly a these well-qualified, diverse and fair- The soon-to-be presidential nominee comparison in which to take pride. I minded nominees to fulfill the needs of of the Republican Party has said—and say let us compare 1992, in which there the federal courts around the country. I agree with him—that this is wrong, was a Democratic majority in the Sen- The Arizona vacancies are each judi- the Senate ought to vote these people ate and a Republican President. We cial emergency vacancies. Two were up or down in 60 days. Of course, we confirmed 11 court of appeals nominees authorized in appropriations legisla- could do that. There is a concern that during that Republican President’s last tion last year when the Republicans has been expressed—and rightly so— year in office—11 court of appeals Majority continued its refusal to con- that so many nominees are held with- nominees, and 66 judges in all. In fact, sider a bill to meet the judicial Con- out any vote. Nobody votes against we went out in October of that year. ference’s recommendation for 72 addi- them, but nobody gets an opportunity We were having hearings in September. tional judges around the country. All to vote for them; they just sit there. We were having people confirmed in we were able to authorize were a few And even though the criticism stings, October. the fact is that, on average, women and So do not come here and say the judgeships in Arizona, Florida and Ne- minorities take longer to go through Democrats are not well grounded in vada. That points out one of the rea- this Senate than white males do. Some complaining about what is happening. sons that the comparisons that Chair- women, some minorities have gone We established the way nonpartisan- man HATCH is seeking to draw to the through very quickly, but most have ship can work in confirming judges. We vacancy rates at the end of the Bush taken longer. did it for Republican Presidents. Obvi- Administration are incorrect. During I said earlier that I do not see any ously, it is not being done for a Demo- President Reagan’s Administration and sense of bias or sexism in our chair- cratic President. What we did in 1992, again during the Bush Administration, man. I have known him for over 20 between July 24 and October 8, was the Congress added a significant number of years, and I have never heard him Senate confirmed 32 judicial nominees. new judgeships. The so-called vacancy make a biased remark or a sexist re- We ought to try to do the same here, rate that Senator HATCH is so fond of mark during that whole time. But basically, from now until about the citing at the end of the Bush Adminis- something is happening, somewhere time we go out. Again, the last time tration is highly inflated by the addi- they are being held up. It is wrong. One that happened at the end of a Presi- tion of 85 new judgeships in 1990 and by of the things that most Republicans dent’s term, the Democrats helped get the addition of 87 new judgeships in and Democrats ought to be able to 32 judges through during that period of 1984, of which many where yet to be agree on is what Governor Bush said: 10 weeks at the end of the Congress. filled. By contrast the vacancies cur- Do it and vote them up or down in 60 Well, we ought to do the same here. rently plaguing the federal courts are days. Let’s make a decision. The Republicans ought to be willing to longstanding and in spite of Republican Some of these people got held up for do the same thing. intransigence against authorizing addi- 2 or 3 or 4 years. When they finally got In fact, in 1992 the Committee held 15 tional judgeships requested by the Ju- a vote, they passed overwhelmingly. hearings—twice as many as this Com- dicial Conference since 1996. If those But for 2 or 3 or 4 years they were hu- mittee has found time to hold this additional judgeships were taken into miliated, caused to dangle, have their year. Late that year, we met on July account, the vacancy rate today would law practices fall apart, have people 29, August 4, August 11, and September be over 13 percent with over 120 vacan- question what was going on. Why? Be- 24, and all of the nominees who had cies—hardly a comparison that the Re- cause one or two Senators thought hearings then were eventually con- publican majority would want to make, they should be held up. Well, let those firmed before adjournment. We have a but that would be comparing com- one or two Senators vote against them. long way to go before we can think parable figures. We are paid to vote yes or no, not about resting on any laurels. In addition, even running the gaunt- maybe. I do not know whether it is be- Having begun so slowly in the first let and getting a confirmation hearing cause they are women, because they half of this year, we have much more does not automatically guarantee are Hispanic, because they are too lib- to do before the Senate takes its final someone a vote before the current Ju- eral, or too conservative, too active, action on judicial nominees this year. diciary Committee. Bonnie Campbell, not active enough, that people don’t We cannot afford to follow the ‘‘Thur- nominated by the President on March want them to be confirmed. Let them mond Rule’’ and stop acting on these 2, 2000, has completed the nomination vote against them. nominees now in anticipation of the and hearing process and is strongly I argued, when we had a very distin- presidential election in November. We supported by Senator GRASSLEY and guished African American justice of a must use all the time until adjourn- Senator HARKIN from her home state. State supreme court, that we ought to ment to remedy the vacancies that But her name continues to be left off let him at least have a vote. We had a have been perpetuated on the courts to the agenda at our executive meetings vote after 2 years and, on a party line the detriment of the American people for the last several weeks. She is a vote, he was voted down. Every single and the administration of justice. That former Iowa Attorney General and Republican voted against him, and should be a top priority for the Senate former high ranking Justice Depart- every single Democrat voted for him, for the rest of this year. In the last 10 ment official who has worked exten- even though he had the highest rating weeks of the 1992 session, between July sively on domestic violence and crime

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7533 victims matters. Allen Snyder is an- tions. Their families cannot plan. They press release cannot be construed or other well-respected and highly-quali- are left to twist in the wind. All of this even fairly misconstrued in this man- fied nominee who got a hearing but no despite the fact that, by all objective ner. That press release was pointing Committee vote. He was nominated on accounts and studies, the judges that out at the end of the 103rd Congress September 22, 1999, received the highest President Clinton has appointed have that if the Senate proceeded to confirm rating from the ABA, enjoys the full been a moderate group, rendering mod- the 14 nominees then on the Senate support of his home state Senators, erate decisions, and certainly including calendar, it would have reduced the ju- and had his hearing on May 10, 2000. far fewer ideologues than were nomi- dicial vacancy rate to 4.7%, which the There are and have been many others. nated during the Reagan Administra- press release then proceeded to com- I continue to urge the Senate to meet tion. pare to a favorable unemployment rate its responsibilities to all nominees, in- Federal law enforcement relies on of under 5%. cluding women and minorities. That judges to hear criminal cases, and indi- This was not a statement of adminis- highly-qualified nominees are being viduals and businesses pay taxes to ex- tration position or even a policy state- needlessly delayed is most regrettable. ercise their right to resolve civil dis- ment but a poorly designed press re- The Senate should join with the Presi- putes in the federal courts. As work- lease that included an ill-conceived dent to confirm well-qualified, diverse loads continue to grow and vacancies comment. Job vacancy rates and unem- and fair-minded nominees to fulfill the are perpetuated, the remaining judges ployment rates are not comparable. needs of the federal courts around the are being overwhelmed and the work of Unemployment rates are measures of country. the federal judiciary is suffering. people who do not have jobs not of fed- More than two years ago Chief Jus- Our independent federal judiciary eral offices vacant without an ap- tice William Rehnquist warned that sets us apart from virtually all others pointed office holder. ‘‘vacancies cannot remain at such high in the world. Every nation that in this When I learned that some Repub- levels indefinitely without eroding the century has moved toward democracy licans had for partisan purposes seized quality of justice that traditionally has sent observers to the United States upon this press release, taken it out of has been associated with the federal ju- in their efforts to emulate our judici- context, ignored what the press release diciary.’’ The New York Times re- ary. Those fostering this slowdown of actually said and were manipulating it ported last year how the crushing the confirmation process and other at- into a misstatement of Clinton admin- workload in the federal appellate tacks on the judiciary are risking harm istration policy, I asked the Attorney courts has led to what it calls a ‘‘two- to institutions that protect our per- General, in 1997, whether there was any tier system’’ for appeals, skipping oral sonal freedoms and independence. level or percentage of judicial vacan- arguments in more and more cases. What progress we started making cies that the administration considered Law clerks and attorney staff are being two years ago has been lost and the acceptable or equal to ‘‘full employ- used more and more extensively in the Senate is again failing even to keep up ment.’’ determination of cases as backlogs with normal attrition. Far from clos- The Department responded: grow. Bureaucratic imperatives seem ing the vacancies gap, the number of There is no level or percentage of vacan- current vacancies has grown from 57, cies that justifies a slow down in the Senate to be replacing the judicial delibera- when Congress recessed last year, to 60. on the confirmation of nominees for judicial tion needed for the fair administration Since some like to speak in terms of positions. While the Department did once, in of justice. These are not the ways to percentage, I should note that the judi- the fall of 1994, characterize a 4.7 percent va- continue the high quality of decision- cial vacancy rate now stands at over cancy rate in the federal judiciary as the making for which our federal courts equivalent of the Department of Labor ‘full seven percent of the federal judiciary are admired or to engender confidence employment’ standard, that characterization (60/852). If one considers the 63 addi- in our justice system. was intended simply to emphasize the hard When the President and the Chief tional judges recommended by the judi- work and productivity of the Administration cial conference, the vacancies rate and the Senate in reducing the extraordinary Justice spoke out, the Senate briefly would be over 13 percent (123/915). number of vacancies in the federal Article III got about its business of considering What is most significant about the judiciary in 1993 and 1994. Of course, there is judicial nominations last year. Unfor- recent trend of judicial vacancies and a certain small vacancy rate, due to retire- tunately, last year the Republican ma- vacancy rates is that the vacancies ments and deaths and the time required by jority returned to the stalling tactics that existed in 1993 (after the creation the appointment process, that will always of 1996 and 1997 and judicial vacancies exist. The current vacancy rate is 11.3 per- of 85 new judgeships in 1990) had been cent. It did reach 12 percent this past sum- are again growing in both number and cut almost in half in 1994, when the duration. Chief Justice Rehnquist mer. The President and the Senate should rate was reduced to 7.4% with 63 vacan- continually be working diligently to fill va- wrote at the end of 1997: ‘‘The Senate is cies at the end of the 103rd Congress. cancies as they arise, and should always surely under no obligation to confirm We continued to make progress even strive to reach 100 percent capacity for the any particular nominee, but after the into 1995. In fact, the vacancy rate was federal bench. necessary time for inquiry it should lowered to 5.8% after the 1995 session, At no time has the Clinton adminis- vote him up or vote him down.’’ The and before the partisan attack on fed- tration stated that it believes that 7 Senate is not defeating judicial nomi- eral judges began in earnest in 1996 and percent vacancies on the federal bench nations in up or down votes on their 1997. is acceptable or a virtually full federal qualifications but refusing to consider Progress in the reduction of judicial bench. Only Republicans have ex- them and killing them through inac- vacancies was reversed in 1996, when pressed that opinion. As the Justice tion. Congress adjourned leaving 64 vacan- Department noted two years ago in re- During Republican control it has cies, and in 1997, when Congress ad- sponse to an inquiry on this very ques- taken two-year periods for the Senate journed leaving 80 vacancies and a 9.5% tions, the Senate should be ‘‘working to match the one-year total of 101 rate. No one was happier than I that diligently to fill vacancies as they judges confirmed in 1994, when we were the Senate was able to make progress arise, and should always strive to reach on course to end the vacancies gap. in 1998 toward reducing the vacancy 100 percent capacity for the federal Nominees like Judge Helene White, rate. I praised Senator HATCH for his bench.’’ Barry Goode, Judge Legrome Davis, effort. Unfortunately, the vacancies Indeed, I informed the Senate of and J. Rich Leonard, deserve to be are now growing again. these facts in a statement in the CON- treated with dignity and dispatch—not Let me also set the record straight, GRESSIONAL RECORD on July 7, 1998, so delayed for two and three years. We are yet again, on the erroneous but oft-re- that there would be no future mis- still seeing outstanding nominees peated argument that ‘‘the Clinton Ad- understanding or misstatement of the nitpicked and delayed to the point that ministration is on record as having record. Nonetheless, in spite of the good women and men are being de- stated that a vacancy rate just over 7% facts and in spite of my July 1998 state- terred from seeking to serve as federal is virtual full-employment of the judi- ment, these misleading statements judges. Nominees practicing law see ciary.’’ That is not true. continue to be repeated. their work put on hold while they The statement can only be alluded to The Senate should get about the await the outcome of their nomina- an October 1994 press release. That business of voting on the confirmation

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7534 CONGRESSIONAL RECORD — SENATE July 25, 2000 of the scores of judicial nominations It is unfortunate that the Republican by misunderstanding or mischar- that have been delayed with justifica- Senate has on a number of occasions acterizing what he said, but by taking tion for too long. We must redouble our delayed consideration of too many action on this well-qualified nominees. efforts to work with the President to women and minority nominees. The In addition, the Senate should act fa- end the longstanding vacancies that treatment of Judge Richard Paez and vorably on the nominations of Judge plague the federal courts and disadvan- Marsha Berzon are examples from ear- Helene White and Kathleen McCree tage all Americans. That is our con- lier this year. Both of these nominees Lewis to the Sixth Circuit, Bonnie stitutional responsibility. It should not were eventually confirmed this past Campbell to the Eighth Circuit, and be shirked. March by wide margins. Enrique Moreno to the Fifth Circuit. I am sorry that Senator HATCH feels I have been calling for the Senate to Mr. Moreno succeeded to the nomina- that he is being attacked from all work to ensure that all nominees are tion of Jorge Rangel on which the Sen- sides. I regret that some on his side of given fair treatment, including a fair ate refused to act last Congress. These the aisle and other critics have sought vote for the many minority and women are well-qualified nominees who will to prevent him from doing his duty. I candidates who remain pending. Ac- add to the capabilities and diversity of have gone out of my way to com- cording to the report released last Sep- those courts. In fact, the Chief Judge of pliment the Chairman when praise was tember by the Task Force on Judicial the Fifth Circuit declared that a judi- warranted and to keep my criticism Selection of Citizens for Independent cial emergency exists on that court, from becoming personal. Courts, the time it has been taking for caused by the number of judicial va- With respect to the Senate’s treat- the Senate to consider nominees has cancies, the lack of Senate action on ment of nominees who are women or grown significantly and during the pending nominations, and the over- minorities, I remain vigilant. I have 105th Congress, minorities and women whelming workload. said that I do not regard Senator nominees took significantly longer to I am disappointed that the Com- HATCH as a biased person. I have also gain Senate consideration than white mittee has not reported the nomina- been outspoken in my concern about male nominees: 60 days longer for non- tion of Bonnie Campbell to the Eighth the manner in which we are failing to whites, and 65 days longer for women Circuit. She completed the nomination consider qualified minority and women than men. The study verified that the and hearing process two months ago nominees over the last four years. time to confirm female nominees was and is strongly supported by Senator now significantly longer than that to From Margaret Morrow and Margaret GRASSLEY and Senator HARKIN from McKeown and Sonia Sotomayor, confirm male nominees—a difference her home state. She will make an out- through Richard Paez and Marsha that has defied logical explanation. standing judge. They recommend that ‘‘the responsible Berzon, and including Judge James Filling these vacancies with qualified officials address this matter to assure Beatty, Judge James Wynn, Roger nominees is the concern of all Ameri- that candidates for judgeships are not Gregory, Enrique Moreno and all the cans. The Senate should treat minority treated differently based on their gen- other qualified women and minority and women and all nominees fairly and nominees who have been delayed and der.’’ On July 13, 2000, President Clinton proceed to consider them without opposed over the last four years, I have delay. spoken out. The Senate may never re- spoke before the NAACP Convention in I think it was unfortunate that the move the blot that occurred last Octo- Baltimore and lamented the fact that chairman tried to assign blame for the ber when the Republican Senators the Senate has been slow to act on his Senate’s lack of progress on a number emerged from a Republican Caucus to judicial nominees who are women and of legislative items. I disagree with vote lockstep against Justice Ronnie minorities. He said: ‘‘The quality of that assessment. He knows, as I do, White to be a Federal District Court justice suffers when highly-qualified that the Democratic leader made a pro- Judge in Missouri. women and minority candidates, fully The United States Senate is the vested, fully supported by the Amer- posal that would have moved the H–1B scene where some 50 years ago, in Octo- ican Bar Association, are denied the legislation and allowed votes on the ber 1949, the Senate confirmed Presi- opportunity to serve for partisan polit- humanitarian immigration issues. The dent Truman’s nomination of William ical reasons.’’ He went on to say: ‘‘The Republicans refused Senator DASCHLE’s Henry Hastie to the Court of Appeals face of injustice is not compassion; it is offer. We all know the Democrats have for the Third Circuit, the first Senate indifference, or worse. For the integ- not opposed the religious liberty bill confirmation of an African American rity of the courts and the strength of Senator KENNEDY helped develop. We to our federal district courts and our Constitution, I ask the Republicans all know we have been pressing for re- courts of appeal. This Senate is also to give these people a vote. Vote them authorization of the Violence Against where some 30 years ago the Senate down if you don’t want them on.’’ I Women’s Act for many months. It is confirmed President Johnson’s nomina- agree with the President. not fair to suggest Democrats are hold- tion of Thurgood Marshall to the The Senate should be moving forward ing that up. United States Supreme Court. to consider the nominations of Judge I will give you one other example. I And this is where last October, the James Wynn, Jr. and Roger Gregory to am getting calls from police organiza- Senate wrongfully rejected President the Fourth Circuit. When confirmed, tions, and I see the distinguished as- Clinton’s nomination of Justice Ronnie Judge Wynn and Mr. Gregory will be sistant minority leader, the Senator White. That vote made me doubt seri- the first African-Americans to serve on from Nevada, who served as a police of- ously whether this Senate, serving at the Fourth Circuit and will each fill a ficer. He will understand this. I am get- the end of a half century of progress, judicial emergency vacancy. Fifty ting calls from police organizations all would have voted to confirm Judge years has passed since the confirma- over the country. Hastie or Justice Marshall. tion of Judge Hastie to the Third Cir- They ask me: Why hasn’t the Camp- On October 5, 1999, the Senate Repub- cuit and still there has never been an bell-Leahy bill to provide more bullet- licans voted in lockstep to reject the African-American on the Fourth Cir- proof vests passed? Why hasn’t it gone nomination of Justice Ronnie White to cuit. The nomination of Judge James through the Senate? I tell my friend the federal court in Missouri—a nomi- A. Beatty, Jr., was previously sent to from Nevada what I told them. I said: nation that had been waiting 27 months us by President Clinton in 1995. That My friend from Nevada, who is the for a vote. For the first time in almost nomination was never considered by Democratic whip, has checked, as I 50 years a nominee to a federal district the Senate Judiciary Committee or the have, with every single Democrat, and court was defeated by the United Senate and was returned to President every single Democrat is willing to States Senate. There was no Senate de- Clinton without action at the end of pass it this minute by unanimous con- bate that day on the nomination. 1998. It is time for the Senate to act on sent. We said that to the Republican There was no open discussion—just a qualified African-American nominee leader. that which took place behind the to the Fourth Circuit. President Clin- We were told there was an objection closed doors of the Republican caucus ton spoke powerfully about these mat- on the Republican side. My goodness. lunch that led to the party-line vote. ters last week. We should respond not Have we gotten so partisan that a bill

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7535 sponsored by the distinguished Senator publicans and Democrats joining us. people uphold our laws? How can the from Colorado, Mr. CAMPBELL, by my- But now we find legislation on the bul- country have respect both for the laws self and the distinguished chairman of letproof vest bill, which most of us and the courts that administer them, if the Senate Judiciary Committee, Mr. agree on, that we cannot get passed. we in the Senate, the most powerful HATCH, a bill to provide bulletproof We find nominations on which we can- legislative body in this country, don’t vests—cosponsored by the distin- not get a vote—even when the soon to show that same respect? If we diminish guished Senator from Nevada, Mr. be Republican nominee for the Presi- that, it will be an example to be fol- REID, as well—that a bill to provide dency, Governor Bush, said we ought to lowed by the rest of the people in this bulletproof vests for law enforcement vote them up or down within 60 days. country. officers is being stalled by Republican We can’t get votes on them. Some stay There are only 100 of us who have the objections? That is wrong. stalled for months and years by privilege of serving here at any given If that bill were allowed to come to humiliating delay. time to represent a quarter of a billion the floor for a vote, I am willing to I have spoken about how humiliating Americans. Sometimes we should think bet—in fact, I know because we have it must be to somebody who is nomi- more of that responsibility than par- already checked—that every Demo- nated for a judgeship—the pinnacle of tisan politics. cratic Senator would vote for it. But I their legal career. They get nominated. Mr. President, I yield the floor. am also willing to bet that virtually The American Bar and others looked at The PRESIDING OFFICER. The Sen- every Republican Senator would vote them, and said: This is an outstanding ator from Pennsylvania. for it. This is not a Democrat or Re- person, an outstanding lawyer, and Mr. SANTORUM. Mr. President, I publican bill. In fact, Senator CAMP- they would be a terrific jurist. Usually suggest the absence of a quorum. BELL and I have specifically worked to we get inundated with letters from The PRESIDING OFFICER. The make sure it is not a partisan bill. lawyers—Republicans and Democrats clerk will call the roll. So I tell my friends from law enforce- alike—who say they know this man or The legislative clerk proceeded to ment: Please call the other side of the woman and he or she would make a su- call the roll. aisle. I am convinced that a majority perb judge. The FBI and others do the Mr. REID. Mr. President, I ask unan- of Republicans support it, but some- background check —as thorough as you imous consent that the order for the body on the Republican side is holding can imagine, such that most people in quorum call be rescinded. it up. The Democrats are willing to private life would never be able to put The PRESIDING OFFICER. Without pass it immediately. up with it. Their privacy is just shred- objection, it is so ordered. The chairman of the Judiciary Com- ded. They come back and say: This is Mr. REID. Mr. President, before my mittee knows we were working toward an outstanding person. friend from Vermont leaves, let me say a bankruptcy bill until the Republicans If they are in private practice, they a few things. In this body, we tend not decided to end bipartisan discussion are congratulated by their partners in to give the accolades to our fellow Sen- and negotiate among themselves and their firm. They say how wonderful it ators that we should. I want the Sen- not negotiate with the Democrats. is. They realize, of course, that the ator from Vermont to know how the He knows we should have passed the nominee can’t take on any more new entire Democratic caucus supports and Madrid Protocol Implementation Act cases because no one wants conflicts of follows the lead of this man on matters weeks, if not months, ago. I tell the interest. They kind of suggest as soon related to the judiciary. He has done an business community that continuously as they have this party that the nomi- outstanding job leading the Demo- asks me that every single Democrat is nee can sort of move out so the rest of cratic conference through this wide- willing to move forward with it. It has the law firm can go forward. ranging jurisdictional authority of the been stalled on the Republican side. The nominees wait and wait and wait Judiciary Committee. In fact, let me take a bill involving and wait. Nobody is against them, but We are very proud of the work that the two of us. The Hatch-Leahy juve- they can’t get a hearing. They can’t PAT LEAHY does. The people of nile crime bill passed the Senate in get a vote. Then, if the public pressure Vermont should know that, first of all, May of 1999. Again, I ask my friend grows enough, if they are in a high pro- he is always looking after the people of from Nevada: As I recall, that passed file, they may get a hearing. Then if Vermont. I am from a State 3,000 miles with 73 votes, Democrats and Repub- the pressure continues, they may get a away from Vermont, the State of Ne- licans, the majority of both parties. It Committee vote. And then, if the pres- vada. People in Nevada should, every passed the Senate with 73 votes. sure really builds and the Democratic day, be thankful for the work the Sen- My friend from Utah is the chair of leader and the Democratic caucus in- ator does, not only for the State of the House-Senate conference. But we sist, they may get a Senate vote on Vermont but for the country. haven’t convened in almost a year. It is confirmation. When they get voted, I want the RECORD to be spread with a bill that should have been enacted they get confirmed—with the exception the fact that we in the minority are so last year. But we will not even have a of Justice White—by 90 to 10, or 95 to 5, grateful for the work the Senator from conference. Seventy-three Senators and many times unanimously. But Vermont does for our country. The voted for that bill—73. We can’t get the their lives has been put on hold for 2 or statement made today certainly out- conference to meet on it and the Sen- 3 years. Their authority as a judge has lines many of the problems we are hav- ate controls the conference. been diminished because of that. It is ing in the Senate, none of which are These are a lot of items, such as the humiliating to them. caused by the Senator from Vermont. H–1B legislation, the religious liberty Frankly, it is humiliating to the Sen- Mr. LEAHY. Mr. President, I thank bill, the Violence Against Women Act ate. It is beneath this great body. I my friend from Nevada. I must admit, reauthorization, the bulletproof vest have served here for over 25 years. I in my 25 years, nobody has handled the bill, the Madrid Protocol Implementa- can’t think of any greater honor that job as whip the way the Senator has. In tion Act, the Hatch-Leahy juvenile could come to me than to have the peo- having the Senator as an ally on the crime bill, the bankruptcy bill. These ple of Vermont allow me to serve here. floor, I come well armed, indeed. are things that can move forward. But I should put on my tombstone, other Mr. SANTORUM. I suggest the ab- there seems to be no movement from than husband and father, that I was a sence of a quorum. the other side. United States Senator. The PRESIDING OFFICER. The I will continue to try to find ways to I have always thought of this Senate clerk will call the roll. work with the distinguished chairman, as the conscience of the Nation. We are The legislative clerk proceeded to my friend from the Judiciary Com- not handling the conscience of this Na- call the roll. mittee, to make progress. I point out tion very well. Mr. NICKLES. Mr. President, I ask that we worked together on civil asset We have a responsibility to uphold unanimous consent that the order for forfeiture reform, and it passed. We the judiciary. If we allow it to be tat- the quorum call be rescinded. worked together on intellectual prop- tered, if we allow it to be shredded, if The PRESIDING OFFICER (Mr. erty and antitrust matters. Those we allow it to be humiliated, how can INHOFE). Without objection, it is so or- measures pass with a majority of Re- a democracy of a quarter of a billion dered.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7536 CONGRESSIONAL RECORD — SENATE July 25, 2000 MARRIAGE PENALTY RELIEF Mr. REID. No objection. years of declining health. It was also Mr. NICKLES. Mr. President, in all The PRESIDING OFFICER. Without an honor to work with Senator Cover- likelihood tomorrow we will be sending objection, it is so ordered. dell every day, for he was truly inter- ested in ensuring our democracy re- the President a bill to eliminate the f marriage penalty for most Americans. mained strong and pushed forward con- ACKNOWLEDGMENT OF SENATOR fidently into the Twenty-first Century. I urge the President to sign this bill. JIM BUNNING’S 100TH PRESIDING Mr. President, I wish to extend my This bill will provide tax relief for HOUR condolences to the Coverdell family, millions of married couples. For indi- Mr. LOTT. Mr. President, today, I including his many friends and his viduals or for couples who have in- staff. The entire Senate family has lost have the pleasure to announce that an- comes of $52,000, they will see their a friend and the nation has lost a lead- other freshman has achieved the 100 take-home pay increase by a total of er. However, we are all enriched by hour mark as presiding officer. Senator about $1,400. Some of my colleagues on having known such an honorable man. JIM BUNNING is the latest recipient of the Democratic side have said that is a His service and commitment will have the Senate’s coveted Golden Gavel tax cut for the wealthy. It is not. I a definite and lasting legacy. don’t consider a married couple who Award. f have an income of $52,000 particularly Since the 1960’s, the Senate has rec- wealthy. We want to eliminate the ognized those dedicated members who DEPARTMENT OF INTERIOR marriage penalty and allow them to preside over the Senate for 100 hours APPROPRIATIONS keep more of their own money. They with the Golden Gavel. This award con- INDIAN TRIBAL SELF-GOVERNANCE REGULATIONS should not be taxed at a 28-percent tinues to represent our appreciation for Mr. MCCAIN. Mr. President, I rise to rate. the time these dedicated senators con- engage several of my colleagues in a That is what our bill does. Our bill tribute to presiding over the U.S. Sen- colloquy about some regulations which says we should double the 15-percent ate—a privileged and important duty. the Department of the Interior is pre- rate on individuals for couples. Right On behalf of the Senate, I extend our paring to issue in final form. These reg- now, people who have taxable incomes sincere appreciation to Senator BUN- ulations would govern the federal and of $26,000 as individuals pay taxes at 15 NING and his diligent staff for their ef- tribal administration of the Tribal percent. We are saying married couples forts and commitment to presiding du- Self-Governance program. I understand should pay taxes at 15 percent at twice ties during the 106th Congress. there is strong opposition from Amer- that amount, up to $52,000. That only f ican Indian and Alaska Native groups makes sense. If you tax individuals at to a handful of the proposed provisions. 15 percent up to $26,000, for couples it ACKNOWLEDGMENT OF SENATOR Mr. CAMPBELL. Mr. President, the should be double that amount, $52,000, GORDON SMITH’S 100TH PRE- Senator from Arizona is correct. The except that present law taxes couples SIDING HOUR Committee on Indian Affairs has re- at 28 percent beginning at $43,000. Mr. LOTT. Mr. President, today, I ceived a series of communications from So if couples have taxable income have the pleasure to announce that Native American tribes and tribal or- above $43,000, they start paying 28-per- Senator GORDON SMITH is the latest re- ganizations indicating their opposition cent income tax. If they happen to be cipient of the Senate’s Golden Gavel to eight of the hundreds of proposed self-employed on top of that, it is 28 Award, marking his 100th hour of pre- provisions. These eight ‘‘impasse’’ percent plus 15.3 percent Social Secu- siding over the U.S. Senate. issues appear to involve particularly rity and Medicare tax. That is 43.3 per- The Golden Gavel Award has long- sensitive matters which the Indian cent. In most States, they have income served as a symbol of appreciation for tribes believe would seriously set back tax rates of another 6 or 7 percent, the time that Senators contribute to the advances these tribes have made in State income tax. That is over 50 per- presiding over the U.S. Senate—a privi- the field of tribal self-governance dur- cent for a couple with taxable income leged and important duty. Since the ing the past decade. of $44-$45-$50,000. That is too high. 1960’s, senators who preside for 100 Mr. MCCAIN. I share the concerns Congress has passed a bill—both the hours have been recognized with this raised by the Indian tribes, and would House and the Senate, identical bills— coveted award. note that in 1994 when we enacted the that says let’s double that 15-percent On behalf of the Senate, I extend our Tribal Self-Governance Act, the Con- gress expressly authorized the tribal rate for couples, the individual rate for sincere appreciation to Senator SMITH couples, so the taxable income will be for presiding during the 106th Congress. self-governance effort to go forward without regulations. At the same time, 15 percent up to $52,000, 28 percent f above that. we required the Department to engage Again, I urge the President to sign it. REMEMBERING SENATOR PAUL in a negotiated rulemaking with tribal It is not tax cuts for the wealthy; it is COVERDELL government representatives to develop mutually acceptable rules. Now it ap- tax cuts for all married couples who Mr. JOHNSON. Mr. President, I rise pears that this effort has been largely have incomes of $43,000, $52,000, or today to add my condolences to that of successful. There are hundreds of provi- $60,000. The amount of benefit, max- my colleagues on the passing of our sions that have been developed and mu- imum benefit, is about $1,400. friend and colleague, Senator Paul tually accepted by the tribal and fed- I urge the President to sign that bill. Coverdell of Georgia. eral representatives. These should be f Senator Coverdell was a model of permitted to go forward. But as to the proper conduct and decorum becoming MORNING BUSINESS eight or so provisions upon which there of a Senator. He conducted himself in is a negotiation impasse, I believe it Mr. NICKLES. Mr. President, I now the quiet, deliberative manner that re- would be contrary to the intent of the ask unanimous consent the Senate pro- flected his commitment to a thorough 1994 Act and to the negotiated rule- ceed to a period of morning business performance of his duties. He was a making process to impose objection- with Senators permitted to speak for true leader, willing to do his best for able provisions upon the Indian tribes. up to 10 minutes each. all Americans. Mr. INOUYE. I concur in the views of The PRESIDING OFFICER. Without Most recently, he and I worked to- my colleagues, and add that the 1994 objection, it is so ordered. gether to keep our nation’s promise to Act has been implemented without the Mr. REID. Mr. President, will the provide health care coverage to mili- benefit of any regulations for the past Senator restate the unanimous consent tary retirees, when we introduced leg- six years. Accordingly, I can imagine request? islation together earlier this year. As no undue hardship would come to the Mr. NICKLES. I asked unanimous my colleagues know, Senator Coverdell Department if the final regulations are consent that the Senate now proceed to had extreme pride in this country. It silent as to eight of the hundreds of a period of morning business with Sen- was an honor to work with him on issues addressed in the draft regula- ators permitted to speak for up to 10 making good to those people who have tions. As to these eight so-called ‘‘im- minutes each. served their nation and are now in the passe’’ issues, I would encourage the

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7537 Department to simply not issue any had previously reached with Indian While this was denied by the Foreign regulatory provisions that touch upon tribes who were assuming functions Minister, I came away convinced that these objectionable issues. As I under- previously carried out by Federal offi- the government does not want the stand it, the ninety-five percent of the cials. The Congress had to remind the American embargo on Cuba lifted be- remaining regulations that deal with Department in 1994 that it must treat cause the lack of economic ties allows other issues are acceptable to the In- the agreements it reached with Indian the government to blame the United dian tribes. The Department should tribes as bilateral accords that cannot States for its own economic failures. If publish those as final and withhold be amended except by mutual consent. the embargo was lifted, Cuba’s leaders from publication of the eight provi- Now, the Department is insisting on a might find another excuse for their sions that are objectionable. I would regulation that would permit it to uni- failed policies but it might make it inquire of the Chairman of the Com- laterally revise agreements it had pre- harder for them to find widely accept- mittee on Indian Affairs as to the na- viously reached on a bilateral basis able excuses. ture of the eight objectionable provi- with individual Indian tribes. The The Cuban people have voted already sions. American Indian and Alaska Native or- for change. Many have fled to the Mr. CAMPBELL. The tribal rep- ganizations find these and the remain- United States. One Cuban told us that resentatives have provided the Com- ing seven regulatory provisions objec- social and economic differences are in- mittee with a list of eight issues. They tionable, and I agree with them. creasing. The population has declined have asked the Department to agree to Mr. MCCAIN. I hope the Department over the last decade in part because not publish any regulatory provision will withdraw its proposals to regulate people sadly see no future for their which: limits the reallocation author- in each of these eight areas. The nego- children. The average Cuban salary is ity of a Self-Governance Tribe/consor- tiated rulemaking process works best said to be $11 per month. The Castro re- tium by requiring that reallocation of when it is based upon consensus, and in gime was described to us by those we funds may only be between programs in these eight instances the Department spoke to in Havana as a dying dictator- annual funding agreements; limits the has failed to make its case for regula- ship: aging, inefficient and corrupt. local decision-making of a Self-Govern- tions. In this environment we should not ance Tribe/consortium by requiring Mr. INOUYE. I thank my colleagues. exaggerate America’s influence. Castro that funds in an annual funding agree- I share their concerns. I am hopeful will do everything to limit it. But we ment shall only be spent on specific that in bringing affected parties to- can start to build a basis for a future programs listed in such funding agree- gether we can resolve these differences. relationship with the Cuban people ment; prohibits Tribal Base funding Mr. CAMPBELL. I thank the Senator after Castro. The Congress can dem- from including other recurring funding and will work with him on this issue in onstrate our good will by a partial lift- within Tribal Priority Allocations; re- the days and weeks ahead. ing of the trade embargo. We can dem- quires renegotiation or rejection of a f onstrate our good faith by allowing previously executed Self-Governance freer movement of Americans to Cuba Compact or Funding Agreement or a FLEXIBLE TRADE POLICY TOWARD and to do what we can to encourage provision therein; prohibits a Self-Gov- CUBA Cubans, especially school children, to ernance Tribe/consortium from invest- Mr. AKAKA. Mr. President, I rise to visit the United States on exchanges. ing funds received under Self-Govern- discuss American relations with Cuba. The Congress should promote cultural Recently, I had the opportunity to ance Compacts in a manner consistent ties and try to direct assistance to the travel to Havana with Senators BAUCUS with the ‘‘prudent investor’’ standard; Cuban people. and ROBERTS. We spent ten hours with requires any Self-Governance Tribe/ None of this will be easy. Nothing Fidel Castro, in what has been charac- consortium to adopt ‘‘conflict of inter- Castro said indicated to me that he was terized by the press as a marathon est’’ standards which differ from those willing to permit, for example, Cuban meeting. But more importantly, we previously adopted by its governing school children to attend American el- had meetings with dissidents and body; applies project-specific construc- ementary and secondary schools or col- Catholic Church representatives. tion requirements to a tribal assump- leges in significant numbers. Nothing It was my first time in Cuba, and I tion of project design and other con- Castro said indicated to me that he was went there with no pre-conceived no- struction management services or of willing to allow American aid, includ- tions although I did have the oppor- road construction activities involving ing medical supplies, to be given di- tunity to be thoroughly briefed prior to more than one project; or fails to pro- rectly to the Cuban people. vide that ‘‘Inherent Federal functions’’ our departure. I returned from Cuba convinced that But even if the hand of friendship is for purposes of the published regula- rejected, I believe we should still offer tions shall mean those Federal func- lifting the trade embargo and restric- tions on travel, especially for edu- it. The future of Cuba is not Castro. tions that cannot be legally transferred President Castro said one clear truth: to a Self-Governance Tribe/consortium. cational exchanges, are extremely im- portant steps in an effort to foster eco- Cuba still suffers from an inherited his- Mr. MCCAIN. I want to inquire of the tory of four centuries of colonialism. chairman on one of these eight impasse nomic and political liberalization in Cuba. They are important steps but not Unfortunately, he does not understand issues. Is it your understanding that that his form of paternal dictatorship the Department would have the regu- for the reasons which are generally as- sumed. perpetuates the same horrors he claims latory authority, in one of the objec- to abhor. tionable regulatory provisions, to de- As one Cuban told us, ending the American economic embargo on Cuba lete unilaterally certain provisions in f the various Compacts of Self-Govern- will not produce economic change. The ance that the Department has signed Castro government has no interest in VICTIMS OF GUN VIOLENCE with various tribal governments and economic reform—even along the lines that have existed as long as nine years? of that now seen in China or Vietnam. Mrs. BOXER. Mr. President, it has I thought we expressly indicated in 1994 As the Minister of Economics and been more than a year since the Col- when we gave permanent authority to Planning explained, there is no pro- umbine tragedy, but still this Repub- the Tribal Self-Governance Demonstra- gram for privatization in the economy, lican Congress refuses to act on sen- tion program that these Compacts and insisting that capitalism does not work sible gun legislation. Annual Funding Agreements are to be but ‘‘pure socialism’’ does. The govern- Since Columbine, thousands of Amer- bilateral agreements reached on a gov- ment allows some private investments, icans have been killed by gunfire. Until ernment-to-government basis that can- mainly in farming, but the intent of we act, Democrats in the Senate will not be unilaterally amended by the De- the State is still to control the econ- read some of the names of those who partment? omy. Indeed, President Castro told us lost their lives to gun violence in the Mr. CAMPBELL. The Senator is cor- that he believed Cuba could not survive past year, and we will continue to do so rect. In 1994, the Congress received a if it was a member of the International every day that the Senate is in session. series of complaints from Indian tribes Monetary Fund and called the IMF the In the name of those who died, we that the Department was attempting ‘‘world’s most subversive organiza- will continue this fight. Following are to unilaterally amend agreements it tion.’’ the names of some of the people who

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7538 CONGRESSIONAL RECORD — SENATE July 25, 2000 were killed by gunfire one year ago Daniel Myers, Linda Rosenbury, Ryan volunteering at V.A. homes and hos- today. Howell, Jay Smith, SreyRam Kuy, and pitals, and fundraising. In 1999, the Clyde E. Frazier, 40, Chicago, IL; Er- Jim Dunn. Each of them has been of S.A.L. raised over $514,000 for V.A. nest Jones, 57, Knoxville, TN; Jose tremendous assistance to me and to homes and hospitals, and over $181,000 Lopez, 29, Houston, TX; Elva V. the people of Iowa over the past several for the American Legion Child Welfare Manjarrez, 35, Chicago, IL; Kimberly months, and their efforts have not gone Foundation. In addition, Mr. Wall has Meeks-Penniman, 39, Detroit, MI; An- unnoticed. served as a member of national S.A.L. thony L. Moore, 28, Memphis, TN; Don- Since I was first elected into the Sen- committees. ald Pinkney, 23, Baltimore, MD; James ate in 1984, my office has offered in- I applaud Mr. Daniel C. Wall on the Riley, 26, New Orleans, LA; Void Samp- ternships to young Iowans and other job he has done as State of Michigan son, 24, Philadelphia, PA; Michael A. interested students. Through their Commander of the Sons of the Amer- Williams, 35, New Orleans, LA; and Un- work in the Senate, our interns have ican Legion. He has dedicated much of identified male, 22, Newark, NJ. not only seen the legislative process, his life to improving the lives of the One of the gun violence victims I but also personally contributed to our Veterans of our great Nation, and for mentioned, thirty-five-year-old Elva nation’s democracy. this he is to be commended. On behalf Manjarrez of Chicago, was shot and It is with much appreciation that I of the entire United States Senate, I killed in a drive-by shooting while she recognize Anna, Kayla, Sara, Charles, thank Mr. Wall for his dedication, and was sitting in a parked car. No motive Tom, Alyssa, MayRose, Eric, Monica, wish him continued success in the fu- was ever established for her death. Michelle, Joe, Ben, Robert, Morgan, ture.∑ We cannot sit back and allow such Veronica, Cary, Daniel, Linda, Ryan, senseless gun violence to continue. The Jay, SreyRam, and Jim for their hard f deaths of Elva and the others I named work this summer. It has been a de- are a reminder to all of us that we need light to watch them take on their as- signments with enthusiasm and hard A TRIBUTE TO ‘‘TALK OF to enact sensible gun legislation now. VERMONT’S’’ JEFF KAUFMAN f work. I am very proud to have worked with each of them. I hope they take ∑ Mr. LEAHY. Mr. President, today I THE VERY BAD DEBT BOXSCORE from their summer a sense of pride in would like to mark the end of an era in Mr. HELMS. Mr. President, at the what they’ve been able to accomplish Vermont. Jeff Kaufman, host of close of business yesterday, Monday, and an increased interest in public Vermont’s award-winning program, July 24, 2000, the Federal debt stood at service and our democratic system and ‘‘The Talk of Vermont,’’ will hang up $5,668,098,197,951.86 (Five trillion, six process.∑ his headphones at the end of this week. hundred sixty-eight billion, ninety- f After 5 years on the air in Middlebury, eight million, one hundred ninety- Jeff and his family are leaving the IN RECOGNITION OF MR. DANIEL seven thousand, nine hundred fifty-one Green Mountain State for the arguably C. WALL dollars and eighty-six cents). less green pastures of Southern Cali- Five years ago, July 24, 1995, the Fed- ∑ Mr. ABRAHAM. Mr. President, I rise fornia. eral debt stood at $4,938,385,000,000 today to recognize Mr. Daniel C. Wall, A fixture on Vermont morning radio (Four trillion, nine hundred thirty- who will leave his elected position as and a catalyst for thoughtful and pro- eight billion, three hundred eighty-five Commander of The Sons of The Amer- vocative discussion of the key issues million). ican Legion, Detachment of Michigan, facing our state and nation, Jeff has Ten years ago, July 24, 1990, the Fed- in August. For the last year, Mr. Wall not only brought wit and wisdom to eral debt stood at $3,161,847,000,000 has led the Michigan Detachment of the airwaves, but he has consistently (Three trillion, one hundred sixty-one the S.A.L. with wisdom and with grace, managed to recruit big-name guests— billion, eight hundred forty-seven mil- and has used his time in this position Lily Tomlin, Ted Williams, Supreme lion). to aid the Veterans of the United Court Chief Justice William Fifteen years ago, July 24, 1985, the States Armed Forces in an exemplary Rehnquist—to our small-market corner Federal debt stood at $1,796,347,000,000 fashion. of the world, while never neglecting (One trillion, seven hundred ninety-six Mr. Wall has served in the Sons of lesser-known local voices. Above all billion, three hundred forty-seven mil- The American Legion for many years, else, Jeff does his homework—he is lion). and holds a Life Membership card from equally adept at understanding the in- Twenty-five years ago, July 24, 1975, Robert A. Demars Sons of The Amer- tricacies of missile defense as he is the the Federal debt stood at ican Legion Squadron 67 of Lincoln physics of baseball. Park, Michigan. During his time as a $535,417,000,000 (Five hundred thirty- While living in Middlebury, Jeff did member, he has held many offices with- five billion, four hundred seventeen not just entertain his listeners on the in the S.A.L., including all offices at million) which reflects a debt increase radio, but he became a valued member the Squadron level; District Com- of more than $5 trillion— of the community, whether it was rais- mander, Adjutant, and others; State $5,132,681,197,951.86 (Five trillion, one ing money for flood victims or serving Commander, Adjutant, and Zone 1 hundred thirty-two billion, six hundred as a member of the Citizens of Commander. eighty-one million, one hundred nine- Middlebury. ty-seven thousand, nine hundred fifty- Mr. Wall was elected to serve as the State of Michigan Commander in 1999. I am certain that I speak for my col- one dollars and eighty-six cents) during leagues in the Vermont Congressional the past 25 years. During his time in the position, Mr. Wall focused much of his attention delegation—each of us has had the f upon the education of his fellow mem- pleasure of Jeff’s unique brand of inqui- ADDITIONAL STATEMENTS bers, so that they might know more sition—when I say that he will be a about the purpose, programs, awards, tough act to follow. He has provided an officer duties and the benefits of their extraordinary service to Vermonters TRIBUTE TO INTERNS organization. He believed that this who have benefitted from his profes- ∑ Mr. HARKIN. Mr. President, today I would not only help to recruit new sionalism, his insights and his curi- extend my appreciation to my summer members, but would also give current osity. I would like to take this oppor- 2000 class of interns: Anna Gullickson, members a better appreciation for the tunity to congratulate Jeff for a job Kayla John, Sara Low, Charles many beneficial things that the S.A.L. well done and to wish him and his fam- Wishman, Tom Mann, Alyssa does on a daily basis. ily well in every future endeavor. Rotschafer, MayRose Wegmann, Eric As Commander, Mr. Wall has also Mr. President, I ask to have printed Bridges, Monica Parekh, Michelle presided over the many efforts of the in the RECORD a profile of Jeff from Levar, Joe Plambeck, Ben Rogers, Rob- S.A.L. in the State of Michigan, includ- The Burlington Free Press, dated July ert Barron, Morgan Whitlatch, ing assisting local posts in their activi- 23, 2000. Veronica Hernandez, Cary Cascino, ties, initiating programs for Veterans, The material follows:

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7539 [From the Burlington Free Press, July 23, Sometimes I wonder if Kaufman had the that has, among other things, sought 2000] ratings he deserved, but regardless of wheth- to expand voting rights, promote peace RADIO’S INVENTIVE ‘‘TALK OF VERMONT’’ IS er he had 12 or 1,200 people tuned in, he never and provide educational opportunities ABOUT TO GROW SILENT gave his audience a small-market effort. for all citizens. Happy trails, my friend. We’ll miss you.∑ (By Chris Bohjalian) Such a diverse array of interests and It is an overcast weekday morning smack f concerns should come as no surprise to in the center of summer. It is hot and sticky, MS. LORIE FOOCE NAMED those who know Jackie. Senator and there’s absolutely nothing in the air ACHIEVER OF THE MONTH Vaughn is a renaissance man who has that might be mistaken for a breeze. been educated at many of the world’s I am leaning against the side of a gazebo in ∑ Mr. ABRAHAM. Mr. President, in Oc- finest institutions of higher learning. Middlebury during the town’s annual cele- tober of 1993, the State of Michigan The recipient of a Fullbright Scholar- bration on the green, waiting for Jeff Kauf- Family Independence Agency com- ship, Senator Vaughn has received the man, host of the WFAD radio show ‘‘The memorated the first anniversary of its Talk of Vermont,’’ to arrive. The show is Oxon B. Litt from England’s Oxford landmark welfare reform initiative, about to broadcast live from the commons. University, a Master’s Degree from ‘‘To Strengthen Michigan Families,’’ Abruptly, a slim guy with hair the color of Oberlin College and a B.A. from Hills- by naming its first Achiever of the sand just after the surf has receded coasts dale College. In addition, has been across the grass on a bicycle with a copy of Month. In each month since, the award awarded honorary doctorates from one of my books under his arm. He says has been given to an individual who Highland Park College, Marygrove Col- something I can’t hear to the engineer, who participates in the initiative and has lege, Shaw College and the Urban Bible is battling with miles of wires and the sort of shown outstanding progress toward Institute. microphone that I thought existed only in self-sufficiency. I rise today to recog- radio and television museums, and the engi- Senator Vaughn has sought to pass neer laughs. Then he turns to me and intro- nize Ms. Lorie Fooce, the recipient of his love of learning on to subsequent duces himself. the award for the month of July, 2000. generations through his teaching at This is Kaufman, and no more than 90 sec- Ms. Fooce, a single mother, applied the University of Detroit, Wayne State onds later—still without breaking a sweat, for assistance in August, 1994, in order University and Hartford Memorial despite the heat and his last-minute ar- to provide for her family. She was ap- Church where he has led the Contem- rival—he has me seated in a folding metal proved for ACD/FIP, food stamps, and chair, and we are on the air. It is clear with- porary Issues Sunday School Class for Medicaid. At the time, Ms. Fooce twenty years. in minutes that he not only has read my lacked the necessary job skills and ex- most recent novel, be has read the ones that Senator Vaughn can take pride in his preceded it. All of them. He has read the col- perience to maintain a steady, suffi- long and honorable service in the umn I write for this newspaper. He has read cient income. However, within that Michigan State Senate. I hope my col- a surprising number of the articles I have same month, she took the initiative to leagues will join me in saluting Sen- written for different magazines. enroll in Certified Nurses Aid (C.N.A.) ator Jackie Vaughn for his commit- You have no idea how rare this is. training through Work First. I have done easily a hundred-plus radio and ment to Detroit, the State of Michigan Ms. Fooce was able to complete the and the entire Nation.∑ television interviews in my life, and the vast training and was subsequently hired by majority of the time the very first question f I am asked is this: ‘‘So, tell us about your Gogebic Medical Care. With the help of new book.’’ The reason? There is a not a soul Work First, which paid for the C.N.A. IN RECOGNITION OF RABBI in the studio other than me, including the training, testing fees, transportation, STEVEN WEIL person with whom I am speaking, who has and uniforms, she has become a valued ∑ Mr. ABRAHAM. Mr. President, I rise the slightest idea what the book is about. employee at Gogebic. today to recognize Rabbi Steven Weil, In truth, why should they? How could Ms. Fooce’s FIP case closed in May, who on August 20, 2000, will be honored they? Think of the number of guests who 1999. In order to best care for her fam- for over six years of faithful service at pass through a radio or television talk show ily, she currently receives food stamps, every week. It’s huge, and it takes time to Young Israel of Oak Park, the largest read a novel. Medicaid, and day care assistance to Orthodox synagogue in Michigan. Almost every weekday morning for the supplement her earnings. Rabbi Weil will soon move to the Los better part of a decade, Kaufman has done I applaud Ms. Lorie Fooce for being Angeles area to pursue a large pulpit his homework on his guests and then offered named Achiever of the Month for July position in another Orthodox syna- the state some of the very best radio in of 2000. She has shown a sincere dedica- gogue, and this occasion provides the Vermont. Sometimes his show has been tion to her job and to the goals of self- Orthodox Jewish Community of De- broadcast on five stations, and sometimes it improvement and self-sufficiency, and has been on only one, but it has never af- troit with an opportunity not only to fected the first-rate quality of the program. the progress she has made shows both say good-bye to Rabbi Weil, but also to It was three years ago that I met Kaufman great effort and great determination. thank him for the wonderful work he on the commons in Middlebury, and I have On behalf of the entire United States has done during the past six years. come to discover that day in, day out he cor- Senate, I congratulate Ms. Fooce, and Under the guidance of Rabbi Weil, ralled terrific guests. Lily Tomlin one day, wish her continued success in the fu- the congregation of Young Israel dou- Ted Williams the next. One morning he ture.∑ bled in size, an accomplishment which might be moderating a live debate between can be directly attributed to his devo- U.S. Senate hopefuls Jan Backus and Ed f Flanagan, and the next he might be chatting tion to spreading the tenets of his RECOGNITION OF STATE SENATOR faith. In addition to developing a lec- with Middlebury biographer, poet and nov- JACKIE VAUGHN III elist Jay Parini about—basketball. ture and discussion series within his On any given day, he was as likely to have ∑ Mr. LEVIN. Mr. President, I want to own congregation, he and his wife, an acrobat from the Big Apple Circus per- pay tribute today to a remarkable per- Yael, were frequent lecturers at the forming—literally—on the stool in his studio son from my home state of Michigan, Agency for Jewish Education and at as he was to have an expert from Wash- Senator Jackie Vaughn III. On July 30, the Jewish Community Center. He also ington, D.C., on the proposed ‘‘Star Wars’’ Senator Vaughn, the Associate Presi- had an on-going cable television series missile defense system. Now, alas, we are about to begin dent Pro Tempore for the Michigan on the topic of Jewish history. Kaufman’s last week. He and his family are State Senate, will be honored for his Rabbi Weil had a vision of creating leaving for California in early August, and tireless public service to Detroit and cohesiveness within the Jewish com- Kaufman will no longer be a fixture on the entire state of Michigan. munity and developing future Jewish Vermont radio. There is no question in my Senator Vaughn’s history of public leadership. He was able to achieve this mind that this is a real loss—and not simply service is truly deserving of recogni- goal by enacting several different pro- because Kaufman is a first-rate interviewer tion. For the past twenty-two years grams, including a trip to Israel and and radio personality. He was also a part of this ‘‘Man of Peace’’ has represented Prague for young Jewish Orthodox, the community. He used his show to find food and clothes for those families that had the Fourth Senatorial District of Conservative and Reform couples, as to leave their homes after the summer flood Michigan with a sense of justice and well as a March of the Living Youth of 1998, and to raise money to help build a concern for all members of society. He Unity Mission. He also headed the Met- new Lincoln Library. has drafted wide-ranging legislation ropolitan Detroit Federation Young

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7540 CONGRESSIONAL RECORD — SENATE July 25, 2000 Leadership Cabinet, an organization River and its tributaries of Wekiwa Springs The message also announced that the which tutors the future leaders of the Run, Rock Springs Run, and Black Water House has passed the following bills: Creek in the State of Florida as components Detroit Jewish community. S. 1629. An act to provide for the exchange of the national wild and scenic rivers sys- Rabbi Weil served on the boards of of certain land in the State of Oregon. tem. S. 1910. An act to amend the Act estab- Yad Ezra, the Detroit kosher food H.R. 4002. An act to amend the Foreign As- lishing Women’s Rights National Historical bank, the Jewish Apartments and Serv- sistance Act of 1961 to revise and improve Park to permit the Secretary of the Interior ices and the Neighborhood project. He provisions relating to famine prevention and to acquire title in fee simple to the Hunt was one of eight rabbis in North Amer- freedom from hunger. House located in Waterloo, New York. ica selected to be a L.E.A.D fellow, H.R. 4110. An act to amend title 44, United States Code, to authorize appropriations for S. 2237. An act to amend the Internal Rev- with the responsibility of leading Or- enue Code of 1986 to provide for the deduct- thodox rabbis into the 21st century. He the National Historical Publications and Records Commission for fiscal years 2002 ibility of premiums for any medigap insur- was also on the executive committee of through 2005. ance policy or Medicare+Choice plan which the Council of Orthodox rabbis in De- H.R. 4700. An act to grant the consent of contains an outpatient prescription drug troit and of the National Rabbinical the Congress to the Kansas and Missouri benefit, and to amend title XVIII of the So- Council of America. Metropolitan Culture District Compact. cial Security Act to provide authority to ex- I applaud Rabbi Steven Weil for his H.R. 4919. An act to amend the Foreign As- pand existing medigap insurance policies. many contributions to the Jewish com- sistance Act of 1961 and the Arms Export The message further announced that munity of the State of Michigan. He is Control Act to make improvements to cer- the House has agreed to the following tain defense and security assistance provi- a man dedicated to his faith, his family concurrent resolution, in which it re- sions under those Acts, to authorize the quests the concurrence of the Senate: and his community, and he will be transfer of naval vessels to certain foreign dearly missed. On behalf of the entire countries, and for other purposes. H. Con. Res. 351. Concurrent resolution rec- United States Senate, I congratulate H.J. Res. 72. A joint resolution granting ognizing Heroes Plaza in the City of Pueblo, Rabbi Weil on the great success he had the consent of the Congress to the Red River Colorado, as honoring recipients of the at Young Israel, and wish him contin- Boundary Compact. Medal of Honor. ued success as he moves on to Los An- The message also announced that the f geles, California.∑ House has agreed to the following con- MEASURES REFERRED f current resolutions, in which it re- quests the concurrence of the Senate: The following bills and joint resolu- tions were read the first and second MESSAGES FROM THE PRESIDENT H. Con. Res. 232. A concurrent resolution Messages from the President of the expressing the sense of Congress concerning times by unanimous consent, and re- United States were communicated to the safety and well-being of United States ferred as indicated: the Senate by Ms. Evans, one of his citizens injured while traveling in Mexico. H.R. 1800. An act to amend the Violent secretaries. H. Con. Res. 371. A concurrent resolution Crime Control and Law Enforcement Act of supporting the goals and ideas of National 1994 to ensure that certain information re- EXECUTIVE MESSAGES REFERRED Alcohol and Drug Recovery Month. garding prisoners is reported to the Attorney As in executive session the Presiding General; to the Committee on the Judiciary. Officer laid before the Senate messages At 6:27, a message from the House of H.R. 1982. An act to name the Department from the President of the United Representatives, delivered by Ms. of Veterans Affairs outpatient clinic located States submitting sundry nominations Niland, one of its reading clerks, an- at 125 Brookley Drive, Rome, New York, as which were referred to the appropriate nounced that the House has passed the the ‘‘Donald J. Mitchell Department of Vet- committees. following bills, in which its requests erans Affairs Outpatient Clinic’’; to the Com- the concurrence of the Senate: mittee on Veterans’ Affairs. (The nominations received today are H.R. 3676. An act to establish the Santa printed at the end of the Senate pro- H.R. 1982. An act to name the Department Rosa and San Jacinto Mountains National ceedings.) of Veterans Affairs outpatient clinic located Monument in the State of California; to the at 125 Brookley Drive, Rome, New York, as f Committee on Energy and Natural Re- the ‘‘Donald J. Mitchell Department of Vet- sources. MESSAGES FROM THE HOUSE erans Affairs Outpatient Clinic.’’ H.R. 3817. An act to redesignate the Big H.R. 2833. An act to establish the Yuma South Trail in the Comanche Peak Wilder- At 11:57 a.m., a message from the Crossing National Heritage Area. ness Area of Roosevelt National Forest in House of Representatives, delivered by H.R. 3676. An act to establish the Santa Colorado as the ‘‘Jaryd Atadero Legacy Mr. Hayes, one of its reading clerks, Rosa and San Jacinto Mountains National Trail’’; to the Committee on Energy and announced that the House has agreed Monument in the State of California. Natural Resources. to the amendment of the Senate to the H.R. 3817. An act to redesignate the Big South Trail in the Comanche Peak Wilder- H.R. 4002. An act to amend the Foreign As- bill (H.R. 1167) to amend the Indian sistance Act of 1961 to revise and improve Self-Determination and Education As- ness Area of Roosevelt National Forest in Colorado as the ‘‘Jaryd Atadero Legacy provisions relating to famine prevention and sistance Act to provide for further self- Trail.’’ freedom from hunger; to the Committee on governance by Indian tribes, and for H.R. 4275. An act to establish the Colorado Foreign Relations. other purposes, with amendments; in Canyons National Conservation Area and the H.R. 4110. An act to amend title 44, United which it requests the concurrence of Black Ridge Canyons Wilderness, and for States Code, to authorize appropriations for the National Historical Publications and the Senate. other purposes. H.R. 4846. An act to establish the National Records Commission for fiscal years 2002 The message also announced that the through 2005; to the Committee on Govern- House has passed the following concur- Recording Registry in the Library of Con- gress to maintain and preserve recordings mental Affairs. rent resolution: that are culturally, historically, or aestheti- H.R. 4275. An act to establish the Colorado S. Con. Res. 81. A concurrent resolution ex- cally significant, and for other purposes. Canyons National Conservation Area and the pressing the sense of the Congress that the H.R. 4850. An act to provide a cost-of-living Black Ridge Canyons Wilderness, and for Government of the People’s Republic of adjustment in rates of compensation paid to other purposes; to the Committee on Energy China should immediately release Rabiya veterans with service-connected disabilities, and Natural Resources. Kadeer, her secretary, and her son, and per- to enhance programs providing compensa- H.R. 4850. An act to provide a cost-of-living mit them to move to the United States if tion and life insurance benefits for veterans, adjustment in rates of compensation paid to they so desire. and for other purposes. veterans with service-connected disabilities, The message further announced that H.R. 4864. An act to establish the National to enhance programs compensation and life insurance benefits for veterans, and for other the House has passed the following Recording Registry in the Library of Con- gress to maintain and preserve recordings purposes; to the Committee on Veterans’ Af- bills and joint resolutions, in which it that are culturally, historically, or aestheti- fairs. requests the concurrence of the Senate: cally significant, and for other purposes. H.R. 4864. An act to establish the National H.R. 1800. An act to amend the Violent H.R. 4888. An act to protect innocent chil- Recording Registry in the Library of Con- Crime Control and Law Enforcement Act of dren. gress to maintain and preserve recordings 1994 to ensure that certain information re- H.R. 4924. An act to establish a 3-year pilot that are culturally, historically, or aestheti- garding prisoners is reported to the Attorney project for the General Accounting Office to cally significant, and for other purposes; to General. report to Congress on economically signifi- the Committee on Veterans’ Affairs. H.R. 2773. An act to amend the Wild and cant rules of Federal agencies, and for other H.R. 4919. An act to amend the Foreign As- Scenic Rivers Act to designate the Wekiva purposes. sistance Act of 1961 and the Arms Export

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7541 Control Act to make improvements to cer- Whereas, the circular further provides, relative to a single statewide reimbursement tain defense and security assistance provi- that Nationals of the Visa Waiver Pilot Pro- rate; to the Committee on Finance. sions under those Acts, to authorize the gram countries will still be required to com- SENATE CONCURRENT RESOLUTION NO. 60 transfer of naval vessels to certain foreign plete ‘‘Form I–94W’’; however, neither an ad- Whereas, the Health Care Financing Ad- countries, and for other purposes; to the ditional application nor an additional fee ministration provides health insurance for Committee on Foreign Relations. will be required when arriving at an airport; over 74 million senior Americans through H.R. 4924. An act to establish a 3-year pilot and Medicare; and project for the General Accounting Office to Whereas, the Immigration and Naturaliza- Whereas, providers of the Medicare man- report to Congress an economically signifi- tion Service also noted that this interim aged care plans are decreasing in Louisiana cant rules of Federal agencies, and for other plan would change if Congress either extends and other states; and purposes; to the Committee on Govern- the Visa Waiver Pilot Program, or makes it Whereas, some providers of managed care mental Affairs. permanent before the 30th day of June, 2000; plans have withdrawn from certain parishes and and withdrawn from the state of Louisiana The following concurrent resolutions Whereas, on the 1st day of March, 2000, were read and referred as indicated: because of low reimbursement rates; and Representative Lamar Smith introduced Whereas, Medicare reimbursement rates H. Con. Res. 232. A concurrent resolution H.R. 3767 in the United States House of Rep- drastically vary between urban and rural expressing the sense of Congress concerning resentatives, that would amend the Immi- parishes; and the safety and well-being of United States gration and Nationality Act to make im- Whereas, the reimbursement rates for citizens injured while traveling in Mexico; to provements to and permanently authorize, rural parishes are drastically lower than the Committee on Foreign Relations. the Visa Waiver Pilot Program under § 217 of those rates for urban parishes; and H. Con. Res. 351. A concurrent resolution the Act; and Whereas, the cost to treat these enrollees recognizing Heroes Plaza in the City of Pueb- Whereas, H.R. 3767 was referred to the does not significantly differ from parish to lo, Colorado, as honoring recipients of the House Committee on the Judiciary wherein, parish. Therefore, be it Medal of Honor; to the Committee on Armed H.R. 3767 was placed before the Committee Resolved, That the Legislature of Louisiana Services. for consideration and Mark-Up and was sub- hereby memorializes the Congress of the H. Con. Res. 371. A concurrent resolution sequently reported out by the Committee United States to mandate that the Health supporting the goals and ideas of National and placed on the Union Calendar, as Cal- Care Financing Administration revise the Alcohol and Drug Recovery Month; to the endar Number 308; and Medicare managed care plan rates so that Whereas, on the 11th day of April, 2000, Committee on Health, Education, Labor, and the reimbursement rates do not vary signifi- H.R. 3767 was presented to the House for Pensions. cantly. Be it further adoption, wherein H.R. 3767 passed as amend- f Resolved, That the Health Care Financing ed and agreed by a voice vote of the House; Administration institute a single statewide MEASURES PLACED ON THE and rate throughout the state to promote equal Whereas, H.R. 3767 was transmitted by the CALENDAR access for all citizens of the state of Lou- House and received by the Senate on the 12th The following bills were read the first isiana. Be it further day of April, 2000; and Resolved, That a copy of this Resolution be and second times by unanimous con- Whereas, H.R. 3767 was read twice in the transmitted to the secretary of the United sent, and placed on the calendar: Senate and placed on the Senate Legislative States Senate and the clerk of the United Calendar under General Orders, designated, H.R. 2773. An act to amend the Wild and States House of Representatives and to each Scenic Rivers Act to designate the Wekiva Calendar Number 524; and Whereas, as a result of the expiration of member of the Louisiana delegation to the River and its tributaries of Wekiwa Springs United States Congress. Run, Rock Springs Run, and Black Water the Visa Waiver Pilot Program, tourists ar- riving on Guam now endure long lines and Creek in the State of Florida as components POM–609. A concurrent resolution adopted added transit time in order for the INS Office of the national wild and scenic rivers sys- by the Legislature of the State of Louisiana tem. to process their travel documents; and Whereas, this delay has caused an eco- relative to providing funds under the River H.R. 2833. An act to establish the Yuma and Harbor Act; to the Committee on Envi- Crossing National Heritage Area. nomic impact on tour companies that have had to absorb additional costs because of the ronment and Public Works. f delay in Immigration processing; and SENATE CONCURRENT RESOLUTION NO. 40 PETITIONS AND MEMORIALS Whereas, tourism is our number one indus- Whereas, for well over twenty years the try and has only recently reflected positive Congress of the United States has funded The following petitions and memo- signs of growth; however, with the inordi- monies for the U.S. Army Corps of Engi- rials were laid before the Senate and nate amount of time it now takes to go neers’ Aquatic Plant Control Program; and were referred or ordered to lie on the through the immigration procedures, this Whereas, the monies for this program have table as indicated: could discourage potential visitors to our Is- been used to assist the various states in the POM–607. A resolution adopted by the Leg- land; and control and eradication of such evasive plant islature of the Commonwealth of Guam rel- Whereas, H.R. 3767 has received bipartisan species as water hyacinth, hydrilla and ative to the Visa Waiver Pilot Program; to support in the House; unanimously passed by salvinia; and the Committee on the Judiciary. the Subcommittee on Immigration and Whereas, beginning in 1997 the Clinton ad- Claims and the Committee on the Judiciary; ministration terminated funding for the RESOLUTION NO. 357 and has received strong support from the spraying aspect of the Aquatic Plant Control Whereas, the Visa Waiver Pilot Program tourism and travel industry; and Program, providing money only for research was initially enacted into law by the United Whereas, the implementation of the Visa purposes; and States Congress in 1986; and Waiver Pilot Program has enabled Guam to Whereas, the cessation of this funding has Whereas, as the Visa Waiver Pilot Program promote its number one industry—Tourism; resulted in the elimination of the spraying is considered only a ‘‘Pilot Program,’’ Con- now therefore, be it program so necessary to control the spread gress regularly extends the expiration date Resolved, That I Mina´ Bente Singko Na of evasive plants such as water hyacinth, and has done so throughout the Pilot Pro- Liheslaturan Gua˚ han does hereby, on behalf hydrilla and salvinia, and grams existence; and of the people of Guam, respectfully request Whereas, it has been estimated that Whereas, the current Visa Waiver Pilot that the United States Senate expeditiously salvinia alone will infest over forty-five Program expired on the 30th day of April, act upon H.R. 3767; and be it further thousand acres in Louisiana in the year 2000; 2000; and Resolved, That the Speaker certify, and the and Whereas, the Immigration and Naturaliza- Legislative Secretary attests to, the adop- Whereas, it has been further estimated tion Service of the United States Depart- tion hereof and that copies of the same be that two and one-half million dollars will be ment of Justice on the 25th day of May, 2000, thereafter transmitted to the Honorable Al- necessary to control the further spread of issued a circular notifying all carriers, who bert Gore, Jr., President of the United States salvinia alone; and are participating in the Visa Waiver Pilot Senate; to the Honorable Trent Lott, Major- Whereas, control and the eventual removal Program, of an interim plan to provide entry ity Leader of the United States Senate; to of these evasive plants is absolutely nec- privileges to travelers who would have ap- the Honorable Thomas Daschle, Minority essary if Louisiana is to control and main- plied for admission under the Visa Waiver Leader of the United States Senate; to the tain its waterways; and Pilot Program; and Honorable Lamar Smith, Member of Con- Whereas, without the assistance of federal Whereas, under the interim plan, the Im- gress, U.S. House of Representatives; to the funding it will become extremely difficult, if migration and Naturalization Service will Honorable Robert A. Underwood, Member of not impossible, to continue the spraying pro- parole for a period of ninety (90) days all eli- Congress, U.S. House of Representatives; and gram so necessary for the control of these gible Visa Waiver Pilot Program country na- to the Honorable Carl T.C. Gutierrez, I plants. Therefore, be it tionals who arrive for legitimate business or Maga´ lahen Gua˚ han. Resolved, That the Legislature of Louisiana travel purposes, and who would have been does hereby memorialize the Congress of the admitted under the Visa Waiver Pilot Pro- POM–608. A concurrent resolution adopted United States to provide the necessary fund- gram prior to its expiration; and by the Legislature of the State of Louisiana ing under the River and Harbor Act for the

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7542 CONGRESSIONAL RECORD — SENATE July 25, 2000 U.S. Army Corps of Engineers; Aquatic Plant KIN, Mr. SARBANES, and Mr. LAUTEN- I am introducing this legislation in Control Program. Be it further BERG): response to the experience of farmers Resolved, That a copy of this Resolution S. 2918. A bill to amend title XVIII of the in North Dakota, who have been forced shall be transmitted to the secretary of the Social Security Act and the Employee Re- to compete not just with foreign farm- United States Senate and the clerk of the tirement Income Security Act of 1974 to im- ers, but with foreign state trading en- United States House of Representatives and prove access to health insurance and Medi- to each member of the Louisiana delegation care benefits for individuals ages 55 to 65 to terprises. Ever since the U.S.-Canada to the United States Congress, be fully funded through premiums and anti- Free Trade Agreement (CFTA) took ef- fraud provisions, to amend the Internal Rev- fect, North Dakota farmers have been POM–610. A petition from a citizen of the enue Code of 1986 to allow a credit against flooded with a rising tide of imports of State of Texas relative to border commu- income tax for payment of such premiums Canadian grains. nities; to the Committee on the Judiciary. and of premiums for certain COBRA continu- These imports are coming into our ation coverage, and for other purposes; to f country not because Canadian farmers the Committee on Finance. are more competitive, but because of REPORTS OF COMMITTEES By Mr. CAMPBELL: flaws in the CFTA and the unfair ac- S. 2919. A bill to amend the Omnibus Parks The following reports of committees and Public Lands Management Act of 1996 to tions of the Canadian Wheat Board were submitted: extend the legislative authority for the (CWB). As negotiated by then-USTR By Mr. GRAMM, from the Committee on Black Patriots Foundation to establish a Clayton Yeutter, the CFTA allows the Banking, Housing, and Urban Affairs, with commemorative work; to the Committee on Canadian Wheat Board to sell into our amendments: Energy and Natural Resources. market at less than the total cost of S. 2107: A bill to amend the Securities Act By Mr. CAMPBELL: acquiring and selling its grain. of 1933 and the Securities Exchange Act of S. 2920. A bill to amend the Indian Gaming The fact is that the Canadian Wheat 1934 to reduce securities fees in excess of Regulatory Act, and for other purposes; to Board is a government created and gov- those required to fund the operations of the the Committee on Indian Affairs. ernment supported monopoly. Because Securities and Exchange Commission, to ad- By Mr. MCCAIN (for himself and Mr. Canadian farmers are required to sell just compensation provisions for employees INOUYE): of the Commission, and for other purposes S. 2921. A bill to provide for management their grain to the Wheat Board, the (Rept. No. 106–360). and leadership training, the provision of as- Wheat Board gets its wheat at below market prices and can then tell its cus- f sistance and resources for policy analysis, and other appropriate activities in the train- tomers in this country or overseas that INTRODUCTION OF BILLS AND ing of Native American and Alaska Native it will undercut U.S. prices. These JOINT RESOLUTIONS professionals in health care and public pol- practices amount to de facto subsidies, icy; to the Committee on Environment and but because the Wheat Board operates The following bills and joint resolu- Public Works. tions were introduced, read the first in secret, these unfair practices are not and second times by unanimous con- f subjected to the normal rules of inter- sent, and referred as indicated: SUBMISSION OF CONCURRENT AND national trade. SENATE RESOLUTIONS This unfair competition caused im- By Mr. SCHUMER: ports of wheat from Canada to increase S. 2911. A bill to strengthen the system for The following concurrent resolutions notifying parents of violent sexual offenders steadily until, in 1993–94, they reached and Senate resolutions were read, and a record 2.4 million tons of total wheat in their communities; to the Committee on referred (or acted upon), as indicated: the Judiciary. and 575,000 tons of durum. These levels By Mr. KENNEDY (for himself, Mr. By Mr. THURMOND: of imports caused unacceptable damage REID, Mr. DURBIN, and Mr. GRAHAM): S. Res. 342. A resolution designating the to North Dakota farmers, so I con- S. 2912. A bill to amend the Immigration week beginning September 17, 2000, as ‘‘Na- vinced the Clinton Administration to and Nationality Act to remove certain limi- tional Historically Black Colleges and Uni- impose limits on Canadian imports. tations on the eligibility of aliens residing in versities Week’’; to the Committee on the Judiciary. Under the Memorandum of Under- the United States to obtain lawful perma- standing (MOU) negotiated with Can- nent residency status; read the first time. f By Mr. CONRAD: ada, durum imports were limited to S. 2913. A bill to amend the Agricultural STATEMENTS ON INTRODUCED 300,000 tons and total wheat imports Trade Act of 1978 to require the Secretary of BILLS AND JOINT RESOLUTIONS were limited to 1.5 million tons in 1994– Agriculture to use the export enhancement By Mr. CONRAD: 95. program to encourage the commercial sale of S. 2913. A bill to amend the Agricul- These limits worked. Imports of Ca- United States wheat in world markets at tural Trade Act of 1978 to require the nadian grain fell dramatically for sev- competitive prices whenever the importation Secretary of Agriculture to use the ex- eral years. Unfortunately, however, the of Canadian wheat into the United States authority to impose these limits dis- reaches certain triggers; to the Committee port enhancement program to encour- age the commercial sale of United appeared as a result of the Uruguay on Agriculture, Nutrition, and Forestry. Round Agreements. As a result, our By Mr. ALLARD (for himself and Mr. States wheat in world markets at com- friends to the north are once again on GRAMM): petitive prices whenever the importa- S. 2914. A bill to amend the National Hous- tion of Canadian wheat into the United the move, attacking our markets, ing Act to require partial rebates of FHA States reaches certain triggers; to the using the monopoly power of the Cana- mortgage insurance premiums to certain dian Wheat Board to undercut prices Committee on Agriculture, Nutrition, mortgagors upon payment of their FHA-in- for our farmers. and Forestry. sured mortgages; to the Committee on Bank- Last year, imports from Canada ing, Housing, and Urban Affairs. THE EXPORT ENHANCEMENT PROGRAM TRIGGER again approached their 1993–94 peaks By Mr. GRASSLEY (for himself and ACT OF 2000 (2.2 million tons of total wheat and Mr. TORRICELLI): Mr. CONRAD. Mr. President, today I 560,000 tons of durum), and this year S. 2915. A bill to make improvements in am introducing legislation to help our the operation and administration of the Fed- they are on track to stay far above the farmers fight back against the unfair MOU level (2 million tons of total eral courts, and for other purposes; to the trade practices of state trading enter- Committee on the Judiciary. wheat and 480,000 tons of durum). This By Mr. DODD: prises. As many of my colleagues is unacceptable. It is far past time to S. 2916. A bill to amend the Harmonized know, state trading enterprises are send a clear and unmistakable message Tariff Schedule of the United States to pro- government sanctioned monopolies to our friends in Canada that the U.S. vide separate subheadings for hair clippers that control commodity exports. Their will not tolerate these practices any used for animals; to the Committee on Fi- unfair practices allow them to under- longer—that we will fight back. nance. cut prices of U.S. commodities, both in The legislation I am introducing By Mr. DOMENICI (for himself and Mr. our market and in overseas markets today will do exactly that. My legisla- INOUYE): where we compete for exports. My leg- S. 2917. A bill to settle the land claims of tion would require USDA to use the the Pueblo of Santo Domingo; to the Com- islation, the Export Enhancement Pro- Export Enhancement Program—EEP— mittee on Indian Affairs. gram Trigger Act of 2000, would direct in either of two circumstances. By Mr. ROCKEFELLER (for himself, our government to fight back against First, if imports of durum or wheat Mr. DASCHLE, Mr. KENNEDY, Mr. HAR- these unfair practices. into the U.S. from Canada exceed the

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7543 limits set in the MOU—300,000 tons for I am pleased that this legislation has increased (Congress mandated the addi- durum and 1,500,000 tons for total the support of every major farm group tion of a risk-based annual premium to wheat imports—USDA would be re- in North Dakota with an interest in the one-time, up front premium), down- quired to use EEP to export wheat or these issues, including North Dakota payment requirements were improved, durum into markets where we compete Farmers Union, North Dakota Farm oversight by HUD and the Congress was with Canada in a quantity equal to at Bureau, North Dakota Wheat Commis- strengthened, and Congress mandated least twice the total amount of Cana- sion, North Dakota Grain Growers, and the minimum 2 percent capital reserve dian imports into the U.S. for that the North Dakota Barley Council. ratio. With a capital reserve ratio near- year. I hope that my colleagues will join ly twice that mandated by the Con- This will clearly tell Canada that it me in supporting this important legis- gress it is time to resume rebates and will lose far more in its overseas mar- lation. return the MMI program to its prior kets than it gains in our markets if it status as a mutual insurance fund. persists in exporting more than the By Mr. ALLARD (for himself and This legislation restores the rebates for MOU levels. As a result, I expect that Mr. GRAMM): mortgages insured for 7 years or more Canada will again voluntarily comply S. 2914. A bill to amend the National and paid off subsequent to the 1990 re- with the MOU limits as it did in 1995– Housing Act to require partial rebates bate suspension. 96 and 1996–97. Even if Canada does not of FHA mortgage insurance premiums The legislatively mandated improve- comply, though, this legislation will to certain mortgagors upon payment of ments in the FHA program have cer- ensure that U.S. farmers do not bear their FHA-insured mortgages; to the tainly been partially responsible for the costs of Canadian imports. By re- Committee on Banking, Housing, and the strength of the MMI fund. But an- quiring the U.S. to export twice as Urban Affairs. other major reason for this strength is much wheat as we are importing from HOMEOWNERS REBATE ACT OF 2000 the fact that we have experienced a Canada, this legislation will ensure Mr. ALLARD. Mr. President, today I near perfect economy in recent years. I that total supply will be reduced and am introducing legislation to reduce recognize that this will not always be prices will strengthen. the Federal Housing Administration the case. We should therefore proceed Second, if the Secretary of Agri- (FHA) homeownership tax. I am joined carefully when we propose to lower or culture determines that a state trading in this effort by Senator GRAMM of rebate premiums. This legislation enterprise (STE) like the Canadian Texas, the chairman of the Banking takes the cautious approach of pro- Wheat Board is using unfair trade prac- Committee. This legislation was intro- viding for rebates only when the re- tices to reduce our exports of any agri- duced earlier in the month by Con- serve ratio is in excess of 3 percent, or cultural commodity to overseas mar- gressman RICK LAZIO of New York. 150 percent of the reserve level man- kets, the Secretary is required to re- Congressman LAZIO chairs the House dated by Congress. If the capital re- spond by using EEP in an amount suffi- Subcommittee on Housing and Commu- serve ratio drops below 3 percent, the cient to ensure that prices received by nity Opportunity. rebates will be suspended. The legisla- U.S. farmers are not reduced as a re- This homeownership tax comes in the tion also requires that the General Ac- sult of the STE’s actions. Too often, we form of excess premiums paid by those counting Office evaluate the adequacy have heard from our industry and our who have FHA insured mortgages on of the 2 percent capital reserve ratio USDA officials that Canada is arbi- their properties. The FHA Mutual for ensuring the safety and soundness trarily undercutting U.S. prices in Mortgage Insurance Fund (MMI fund) of the MMI fund and make a rec- overseas markets. My proposal would collects mortgage insurance premiums ommendation to Congress regarding require USDA to respond, to ensure in order to cover any losses to the gov- the most appropriate reserve ratio at that we do not give up our export mar- ernment that result from FHA-insured which to trigger future premium re- kets without a fight. mortgage defaults and to fund the ad- bates. Taken together, these two provisions ministrative costs of the FHA program. I invite my colleagues to review this will support the efforts of our trade ne- FHA is an important program for important legislation and join with me gotiators to discipline STES as part of first-time, low and moderate income, in reducing this tax on homeownership. the World Trade Organization (WTO) and minority homeowners. These fami- By enacting this homeownership rebate negotiations on agriculture. Dis- lies should not be overcharged in FHA we will continue to help make home- ciplining STEs is a top priority for our premiums. Premiums in excess of an ownership affordable for more and negotiators, and this legislation, by de- amount necessary to maintain an actu- more Americans. Mr. President, I ask unanimous con- fining the marketing practices of STEs arially sound reserve ratio in the FHA sent that the text of the bill be printed as unfair trade practices, will increase Mutual Mortgage Insurance Fund can in the RECORD following this state- our negotiators’ leverage to develop only be characterized as a tax on home- ownership. The Congress has deter- ment. meaningful rules on STEs. There being no objection, the bill was Moreover, I believe these provisions mined that a capital reserve ratio of 2 ordered to be printed in the RECORD, as will support the efforts of North Da- percent of the MMI fund’s amortized follows: kota farmers, acting through the insurance-in-force is necessary to en- Wheat Commission, in bringing a trade sure the safety and soundness of the S. 2914 case against Canada. I have always be- MMI fund. According to the Depart- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in lieved that, ultimately, Canadian agri- ment of Housing and Urban Develop- Congress assembled, cultural trade issues will have to be re- ment the FY 1999 capital reserve ratio SECTION 1. SHORT TITLE. solved through negotiation. It is my is 3.66 percent and is estimated to rise This Act may be cited as the ‘‘Homeowners hope that, in combination, this legisla- to over 3.8 percent in FY 2000, nearly Rebate Act of 2000’’. tion and the trade case will provide twice the reserve ratio mandated by SEC. 2. PAYMENT OF DISTRIBUTIVE SHARES short term relief for our farmers and Congress. FROM MUTUAL MORTGAGE INSUR- help build sufficient pressure on Can- The FHA single family mortgage pro- ANCE FUND RESERVES. gram was designed to operate as a mu- (a) IN GENERAL.—Section 205(c) of the Na- ada to negotiate a permanent resolu- tional Housing Act (12 U.S.C. 1711(c)) is tion of Canadian grain issues. tual insurance program where home- amended to read as follows: I have no doubt that our friends to owners were granted rebates of excess ‘‘(c) DISTRIBUTION OF RESERVES.—Upon ter- the north will not like this legislation. premiums. This rebate program was mination of an insurance obligation of the They do not like having a spotlight fo- suspended at the direction of Congress Mutual Mortgage Insurance Fund by pay- cused on their system, so they will in 1990 when the MMI fund was in the ment of the mortgage insured thereunder, if complain about our use of EEP. I have red—with the intent that the payment the Secretary determines (in accordance a simple answer for them: If they do of distributive shares or rebates would with subsection (e)) that there is a surplus for distribution under this section to mort- not want us to use EEP against them, resume when the Fund was again finan- gagors, the Participating Reserve Account they should stop dumping their grain cially sound. Since 1990 a number of shall be subject to distribution as follows: into our market and stop using unfair steps have been taken to strengthen ‘‘(1) REQUIRED DISTRIBUTION.—In the case of trade practices in overseas markets. the FHA program. The premiums were a mortgage paid after November 5, 1990, and

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7544 CONGRESSIONAL RECORD — SENATE July 25, 2000 insured for 7 years or more before such ter- 1711(c)(1)), as amended by subsection (a) of were deemed undesirable and imprac- mination, the Secretary shall distribute to this section; and tical in dealing with such minor of- the mortgagor a share of such Account in (C) no distributable share was paid pursu- fenses. Currently, U.S. Magistrate such manner and amount as the Secretary ant to section 205(c) of the National Housing Judges may preside over petty offense shall determine to be equitable and in ac- Act upon termination of the insurance obli- cordance with sound actuarial and account- gation of such Fund. cases charging a motor vehicle offense ing practice, subject to paragraphs (3) and and infractions, without the consent of (4). By Mr. GRASSLEY: the defendant. This bill removes the ‘‘(2) DISCRETIONARY DISTRIBUTION.—In the S. 2915. A bill to make improvements consent requirement in all other petty case of a mortgage not described in para- in the operation and administration of cases—a position repeatedly supported graph (1), the Secretary is authorized to dis- the Federal courts, and for other pur- by the Judicial Conference of the tribute to the mortgagor a share of such Ac- poses; to the Committee on the Judici- United States. Additionally, this bill count in such manner and amount as the ary. authorizes magistrate judges to try Secretary shall determine to be equitable misdemeanor cases involving juveniles and in accordance with sound actuarial and THE FEDERAL COURTS IMPROVEMENT ACT OF 2000 accounting practice, subject to paragraphs Mr. GRASSLEY. Mr. President, I am currently tried in district court. Re- (3) and (4). introducing a bill today entitled the moving the consent requirement from ‘‘(3) LIMITATION ON AMOUNT.—In no event ‘‘Federal Courts Improvement Act of these petty offense cases and author- shall the amount any such distributable 2000.’’ Every few years, the Judicial izing magistrate judges to preside over share exceed the aggregate scheduled annual Conference, the governing body of the all juvenile misdemeanors would free- premiums of the mortgagor to the year of federal courts, contacts Congress re- up valuable district court resources termination of the insurance. garding changes to the law the Judicial that could be used to deal with more ‘‘(4) APPLICATION REQUIREMENT.—The Sec- Conference believes are necessary to serious crimes and offenders while re- retary shall not distribute any share to an ducing the time and expense necessary eligible mortgagor under this subsection be- improve the functions of the courts. As ginning on the date which is 6 years after the chairman of the Judiciary Sub- in dealing with these offenses. date that the Secretary first transmitted committee with jurisdiction over the Another section of the bill also con- written notification of eligibility to the last courts, I have the responsibility to re- tains provisions that would free up dis- known address of the mortgagor, unless the view the operation of the federal court trict court resources and allow federal mortgagor has applied in accordance with process and procedures. In the past, I judges more time to deal with their procedures prescribed by the Secretary for have also been in the forefront of advo- civil and criminal dockets. These pro- payment of the share within the 6-year pe- cating that the federal judicial system visions raise the maximum compensa- riod. The Secretary shall transfer from the be administered in the most efficient tion level paid to federal or community Participating Reserve Account to the Gen- defenders representing defendants ap- eral Surplus Account any amounts that, pur- and cost-effective manner possible suant to the preceding sentence, are no while maintaining a high level of qual- pearing before United States mag- longer eligible for distribution.’’. ity in the administration of justice. istrates or the district courts before (b) DETERMINATION OF SURPLUS.— The bill I am introducing, along with they must seek a waiver for payment (1) IN GENERAL.—Section 205(e) of the Na- Senator TORRICELLI, the Ranking Mem- in excess of the prescribed maximum. tional Housing Act (12 U.S.C. 1711(e)) is ber of my subcommittee, is a consensus Payment in excess of the maximum amended by adding at the end the following: bill that includes many of the rec- currently requires the approval of both ‘‘Notwithstanding any other provision of ommendations made by the Judicial the judge who presided over the case this section, if, at the time of such a deter- Conference. and the chief judge of the circuit. This mination, the capital ratio (as defined in The Judicial Conference has noted a procedure in turn increases the amount subsection (f)) for the Fund is 3.0 percent or greater, the Secretary shall determine that problem that continues to plague the of time judges must devote to non-judi- there is a surplus for distribution under this Federal judicial system is the lack of cial matters. The last increase was in- section to mortgagors.’’. up-to-date technologies that would re- stituted fourteen years ago. During (2) GAO REPORT.—Not later than 1 year duce costs while at the same time im- this time, the effects of inflation have after the date of enactment of this Act, the prove the efficiency of its administra- significantly eroded the compensation Comptroller General shall submit a report to tion along with a wide range of judicial paid to federal and community defend- the Congress that evaluates the adequacy of branch programs. The ‘‘Federal Courts ers. the capital ratio requirement under section Improvement Act of 2000’’ attempts to The Judicial Conference has ex- 205(f)(2) of the National Housing Act (12 pressed to me their concern over a U.S.C. 1711(f)(2)) for ensuring the safety and addresses this problem. In accordance soundness of the Mutual Mortgage Insurance with federal policy to defray the cost of growing trend of ‘‘Criminal Justice Fund. Such report shall also evaluate the providing services by assessing a fee for Act’’ (CJA) panel attorneys being sub- adequacy of the capital ratio level estab- their use, sections of this bill provide ject to unfounded suits by the defend- lished under section 205(e)(1) of the National the judiciary with the authority to set, ants they previously represented and Housing Act, as amended by paragraph (1) of collect, and retain fees to be used to the financial damage these attorneys this section and shall include a recommenda- acquire information technologies, such have to deal with when they must pay tion of a capital ratio level that, if made ef- as electronic filing, video conferencing, to defend themselves in these actions. fective under such section upon the expira- These unfair costs have the potential tion of the 2-year period beginning on the and electronic evidence presentation date of enactment of this Act, would provide devices. This section requires that the of having a chilling effect on the will- for distributions of shares under section fees collected are to be deposited into ingness of attorneys to participate as 205(c) of such Act in a manner adequate to the Judiciary Information Technology panel attorneys and will only make it ensure the safety and soundness of such Fund and used for reinvestment in in- more difficult to obtain adequate rep- Fund. formation technology. I feel that resentation for defendants. Currently, (c) RETROACTIVE PAYMENTS.— granting the judiciary the authority to the CJA authorizes the Director of the (1) TIMING.—Not later than 3 months after collect and retain these fees will go a Administrative Office of the United the date of enactment of this Act, the Sec- long way toward improving the effi- States Courts to provide representa- retary of Housing and Urban Development tion and indemnify federal and commu- shall determine the amount of each distrib- ciency of the judicial system while pro- utable share for each mortgage described in viding substantial savings for litigants nity defender organizations for mal- paragraph (2) to be paid and shall make pay- and attorneys. practice claims that arise as a result of ment of such share. This bill addresses two areas in furnishing representational services. (2) MORTGAGES COVERED.—A mortgage de- which I have taken a personal interest, Panel attorneys are the only compo- scribed in this paragraph is a mortgage for over the years: reducing unnecessary nent of the appointed counsel program which— expenses and improving the efficiency who are not permitted to receive CJA- (A) the insurance obligation of the Mutual of the judicial system. This bill would funded coverage for any costs associ- Mortgage Insurance Fund was terminated by help achieve both. Traditionally, the ated with defending against a mal- payment of the mortgage before the date of enactment of this Act; safeguards applicable to criminal de- practice claim by a CJA client. Our bill (B) a distributable share is required to be fendants charged with more serious rectifies this oversight in the CJA, and paid to the mortgagor under section 205(c)(1) crimes have not been applicable to provides CJA panel attorneys the same of the National Housing Act (12 U.S.C. petty offense cases because the burdens protection as other federal defenders.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7545 Provisions in our bill authorize the the EU beef hormone case and would Domingo v. United States. This case is judge who presides over a case, at his assist in the fair and equitable applica- over 50 years old and was filed under discretion, to reimburse panel attor- tion of our trade laws. I urge my col- the Indian Claims Commission Act neys for out-of-pocket expenses for leagues to support enactment of this (ICCA). In this action, the Pueblo as- civil claims arising for their CJA serv- simple clarification of our tariff sched- serts monetary claims against the ices. The judge would exercise his dis- ule. United States for trespass, lost use, cretion limiting the amount of reim- and breach of the ICCA’s ‘‘fair and hon- bursement available for a panel attor- By Mr. DOMENICI (for himself orable dealings’’ provision by the ney as he views appropriate under the and Mr. INOUYE): United States. The Pueblo’s claims, circumstances, as has been the practice S. 2917. A bill to settle the land based on its Spanish land grants, in- with respect to malpractice claims claims of the Pueblo of Santo Do- volve more than 80,000 acres of land. against other federal defenders. mingo; to the Committee on Indian Af- Our legislation affirms the compromise fairs. In addition, the ‘‘Federal Courts Im- award of $8 million for these claims provement Act of 2000’’ also contains SANTO DOMINGO PUEBLO CLAIMS SETTLEMENT and also includes the Pueblo’s stipu- ACT OF 2000 provisions designed to assist handi- lated settlement of the ICCA case. Mr. DOMENICI. Mr. President, Santo capped employees working for the fed- The second lawsuit is Pueblo of Domingo Pueblo is one of the largest eral judiciary. These provisions bring Santo Domingo v. Rael. This issue Indian pueblos in New Mexico. It is lo- the federal judicial system in-line with stems from the Pueblo’s purchase of cated north of Albuquerque and South the Executive Branch and other gov- the Diego Gallegos Grant. The Pueblo of Santa Fe, about midway between the ernmental bodies. sought possession of land from a pri- two. For about 150 years, some 80,000 The bill also contains a number of vate landowner in the same grant. The acres have been in dispute with neigh- other provisions that we believe are Federal District court for the District boring Indian pueblos, Spanish land necessary to improve the Federal of New Mexico entered judgment for grants, and private land holders. Many Courts’ administration, judicial proc- the Pueblo. On appeal, the Tenth Cir- of these disputes have been in court, ess and matters relating to public de- cuit ordered the Rael action held in but remain unsettled. fenders, as well as other items that en- I am pleased to inform my colleagues abeyance until the Government inter- hance the operation of the Federal ju- that three years of negotiations have vened in Rael or judgment was entered diciary. I urge my colleagues to join us produced a settlement agreement. Our in the overlapping ICCA case. To date, and support these improvements to our legislation would ratify that agree- neither has occurred. The settlement Federal Court system. ment, thus resolving a complex land legislation will resolve the issues in ownership situation in New Mexico. the Rael case. By Mr. DODD: The initial Spanish land grant estab- The third lawsuit to be settled by S. 2916. A bill to amend the Har- lishing the Santo Domingo Pueblo this legislation is United States v. monized Tariff Schedule of the United Grant was issued in 1689. When this Thompson. In this case, the United States to provide separate subheadings Spanish grant was surveyed in the mid- States sought to enforce the Pueblo’s for hair clippers used for animals; to 19th century, approximately 24,000 title against third-party owners who the Committee on Finance. acres of land to the east of the current trace their titles to overlapping land TARIFF CLASSIFICATION CORRECTION FOR HAIR reservation boundary were erroneously grants. In 1991, the Tenth Circuit held CLIPPERS excluded. The excluded lands are now that the United States’ claim for the Mr. DODD. Mr. President, today I am held in private deeds and public lands, Pueblo was time-barred. The Court of introducing a bill that would amend but not by Santo Domingo Pueblo. Appeals, however, found that the Pueb- the Harmonized Tariff Schedule to The Pueblo of Santo Domingo pur- lo Lands Board had ignored an express allow for a separate subheading for chased the Diego Gallegos Spanish Congressional directive in its deter- hair clippers used for animals. Land Grant to expand its reservation mination that the overlap lands were As a result of the ongoing beef hor- on the west end. That purchase ex- not the Pueblo’s lands. mone dispute with the European Union cluded some privately held lands and The Court of Appeals did not resolve (EU), the United States Trade Rep- overlapped with both the San Felipe the ownership question, again due to resentative has released a list of prod- and Cochiti Pueblos. the time bar. These overlap lands are ucts upon which retaliatory duties of Forest Service and Bureau of Land currently in the possession of non-Indi- 100 percent will be placed. The proposed Management (BLM) lands have also ans and in the Army Corps of Engi- list was issued pursuant to Section 407 been claimed by Santo Domingo Pueb- neers. This global settlement will re- of the Trade and Development Act of lo. solve the ownership questions in favor 2000. Furthermore, Section 407 explic- The global settlement we are endors- of the private landowners and the itly states that the products on this ing, resolves the complex set of title Army Corps of Engineers in the overlap list must be goods of industries that disputes between Santo Domingo, the area. are affected by the EU’s non-compli- Pueblos of San Felipe and Cochiti, the The global nature of this settlement ance in the beef hormone dispute. federal government, and private land will put all these issues to rest. Assum- Since beard trimmers used by hu- holders. ing the Congress agrees with our legis- mans and hair clippers for animals for In return for both money and land, lation, the next step would be entry of use on the farm are both currently in- the Santo Domingo Pueblo will waive the stipulated settlement of the ICCA cluded under the same subheading their land claims and remove the case and dismissal with prejudice of within the Harmonized Tariff Schedule, clouded title for private land holders. the Pueblo’s existing quiet title action human beard trimmers could poten- This settlement envisions a monetary in Rael. The Pueblo of Santo Domingo tially be subject to the retaliatory du- settlement of $23 million. Of that would then receive both the money and ties. However, the personal care indus- amount, $8 million would be payable the lands agreed to in this settlement try, and specifically human beard trim- from the Judgment Fund. The remain- agreement. In addition to waiving its mers, has no relationship with the beef ing $15 million would be from appro- ICCA claims and the Rael case, the hormone industry as is required by priated accounts over a three year pe- Pueblo agrees to waive other existing Section 407. riod at $5 million per year, beginning land claims. To address this problem, and to en- in FY 2002. In this settlement agreement, the sure that products are not inadvert- Approximately 4500 acres of BLM Congress would ratify and resolve the ently subjected to these retaliatory land would be conveyed to Santo Do- Pueblo’s land claims with finality and tariffs, I am introducing legislation mingo Pueblo, and the Pueblo would do so in a principled way which serves that would provide a separate sub- have an option to purchase 7000 acres the interests of all parties. The Pueblo heading to clippers used for animals. of Forest Service land for the agreed of Santo Domingo boundaries have This legislation would prevent impos- upon price of $3.7 million. been in dispute since the mid-19th cen- ing duties on products that have no Three lawsuits will be settled by this tury. This settlement resolves the significant bearing or connection to legislation. The first is Pueblo of Santo Pueblo of Santo Domingo claims once

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7546 CONGRESSIONAL RECORD — SENATE July 25, 2000 and for all, and clearly delineates the TITLE V—CREDIT AGAINST INCOME TAX scribed in paragraph (1) enrolls under this Pueblo’s boundaries. I urge my col- FOR MEDICARE BUY-IN PREMIUMS AND part and coverage of the individual is termi- leagues to support this legislation. FOR CERTAIN COBRA CONTINUATION nated under section 1859A(d) (other than be- COVERAGE PREMIUMS cause of age), the individual is not again eli- By Mr. ROCKEFELLER: Sec. 501. Credit for medicare buy-in pre- gible to enroll under this subsection unless S. 2918. A bill to amend title XVIII of miums and for certain COBRA the following requirements are met: ‘‘(A) NEW COVERAGE UNDER GROUP HEALTH the Social Security Act and the Em- continuation coverage pre- miums. PLAN OR FEDERAL HEALTH INSURANCE PRO- ployee Retirement Income Security TITLE I—ACCESS TO MEDICARE BENEFITS GRAM.—After the date of termination of cov- Act of 1974 to improve access to health FOR INDIVIDUALS 62-TO-65 YEARS OF AGE erage under such section, the individual ob- insurance and Medicare benefits for in- tains coverage under a group health plan or SEC. 101. ACCESS TO MEDICARE BENEFITS FOR dividuals ages 55 to 65 to be fully fund- INDIVIDUALS 62-TO-65 YEARS OF under a Federal health insurance program. ed through premiums and anti-fraud AGE. ‘‘(B) SUBSEQUENT LOSS OF NEW COVERAGE.— provisions, to amend the Internal Rev- (a) IN GENERAL.—Title XVIII of the Social The individual subsequently loses eligibility enue Code of 1986 to allow a credit Security Act is amended— for the coverage described in subparagraph (A) and exhausts any eligibility the indi- against income tax for payment of such (1) by redesignating section 1859 and part D as section 1858 and part E, respectively; and vidual may subsequently have for coverage premiums and of premiums for certain (2) by inserting after such section the fol- under a Federal or State COBRA continu- COBRA continuation coverage, and for lowing new part: ation provision. other purposes; to the Committee on ‘‘PART D—PURCHASE OF MEDICARE BENEFITS ‘‘(3) CHANGE IN HEALTH PLAN ELIGIBILITY Finance. BY CERTAIN INDIVIDUALS AGE 62-TO-65 DOES NOT AFFECT COVERAGE.—In the case of MEDICARE EARLY ACCESS AND TAX CREDIT ACT YEARS OF AGE an individual who is eligible for and enrolls under this part under this subsection, the in- OF 2000 ‘‘SEC. 1859. PROGRAM BENEFITS; ELIGIBILITY. dividual’s continued entitlement to benefits ‘‘(a) ENTITLEMENT TO MEDICARE BENEFITS Mr. ROCKEFELLER. Mr. President, I under this part shall not be affected by the FOR ENROLLED INDIVIDUALS.— ask unanimous consent that the text of individual’s subsequent eligibility for bene- the bill, the Medicare Early Access and ‘‘(1) IN GENERAL.—An individual enrolled under this part is entitled to the same bene- fits or coverage described in paragraph Tax Credit Act of 2000, be printed in fits under this title as an individual entitled (1)(C), or entitlement to such benefits or cov- the RECORD. to benefits under part A and enrolled under erage. S. 2918 part B. ‘‘SEC. 1859A. ENROLLMENT PROCESS; COVERAGE. Be it enacted by the Senate and House of Rep- ‘‘(2) DEFINITIONS.—For purposes of this ‘‘(a) IN GENERAL.—An individual may en- resentatives of the United States of America in part: roll in the program established under this Congress assembled, ‘‘(A) FEDERAL OR STATE COBRA CONTINU- part only in such manner and form as may be prescribed by regulations, and only during SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ATION PROVISION.—The term ‘Federal or an enrollment period prescribed by the Sec- (a) SHORT TITLE.—This Act may be cited as State COBRA continuation provision’ has retary consistent with the provisions of this the ‘‘Medicare Early Access and Tax Credit the meaning given the term ‘COBRA con- section. Such regulations shall provide a Act of 2000’’. tinuation provision’ in section 2791(d)(4) of process under which— (b) TABLE OF CONTENTS.— the Public Health Service Act and includes a comparable State program, as determined by ‘‘(1) individuals eligible to enroll as of a Sec. 1. Short title; table of contents. the Secretary. month are permitted to pre-enroll during a TITLE I—ACCESS TO MEDICARE BENE- ‘‘(B) FEDERAL HEALTH INSURANCE PROGRAM prior month within an enrollment period de- FITS FOR INDIVIDUALS 62-TO-65 YEARS DEFINED.—The term ‘Federal health insur- scribed in subsection (b); and OF AGE ance program’ means any of the following: ‘‘(2) each individual seeking to enroll Sec. 101. Access to Medicare benefits for in- ‘‘(i) MEDICARE.—Part A or part B of this under section 1859(b) is notified, before en- dividuals 62-to-65 years of age. title (other than by reason of this part). rolling, of the deferred monthly premium ‘‘PART D—PURCHASE OF MEDICARE BENEFITS ‘‘(ii) MEDICAID.—A State plan under title amount the individual will be liable for BY CERTAIN INDIVIDUALS AGE 62-TO-65 XIX. under section 1859C(b) upon attaining 65 YEARS OF AGE ‘‘(iii) FEHBP.—The Federal employees years of age as determined under section health benefit program under chapter 89 of 1859B(c)(3). ‘‘Sec. 1859. Program benefits; eligibility. ‘‘(b) ENROLLMENT PERIODS.— ‘‘Sec. 1859A. Enrollment process; cov- title 5, United States Code. ‘‘(1) INDIVIDUALS 62-TO-65 YEARS OF AGE.—In erage. ‘‘(iv) TRICARE.—The TRICARE program the case of individuals eligible to enroll ‘‘Sec. 1859B. Premiums. (as defined in section 1072(7) of title 10, under this part under section 1859(b)— ‘‘Sec. 1859C. Payment of premiums. United States Code). ‘‘(A) INITIAL ENROLLMENT PERIOD.—If the ‘‘Sec. 1859D. Medicare Early Access ‘‘(v) ACTIVE DUTY MILITARY.—Health bene- individual is eligible to enroll under such Trust Fund. fits under title 10, United States Code, to an section for January 2001, the enrollment pe- ‘‘Sec. 1859E. Oversight and account- individual as a member of the uniformed riod shall begin on November 1, 2000, and ability. services of the United States. ‘‘Sec. 1859F. Administration and mis- ‘‘(C) GROUP HEALTH PLAN.—The term ‘group shall end on February 28, 2001. Any such en- cellaneous. health plan’ has the meaning given such rollment before January 1, 2001, is condi- term in section 2791(a)(1) of the Public tioned upon compliance with the conditions TITLE II—ACCESS TO MEDICARE BENE- Health Service Act. of eligibility for January 2001. FITS FOR DISPLACED WORKERS 55-TO- ‘‘(b) ELIGIBILITY OF INDIVIDUALS AGE 62-TO- ‘‘(B) SUBSEQUENT PERIODS.—If the indi- 62 YEARS OF AGE 65 YEARS OF AGE.— vidual is eligible to enroll under such section Sec. 201. Access to Medicare benefits for dis- ‘‘(1) IN GENERAL.—Subject to paragraph (2), for a month after January 2001, the enroll- placed workers 55-to-62 years of an individual who meets the following re- ment period shall begin on the first day of age. quirements with respect to a month is eligi- the second month before the month in which TITLE III—COBRA PROTECTION FOR ble to enroll under this part with respect to the individual first is eligible to so enroll EARLY RETIREES such month: and shall end four months later. Any such Subtitle A—Amendments to the Employee ‘‘(A) AGE.—As of the last day of the month, enrollment before the first day of the third Retirement Income Security Act of 1974 the individual has attained 62 years of age, month of such enrollment period is condi- but has not attained 65 years of age. tioned upon compliance with the conditions Sec. 301. COBRA continuation benefits for ‘‘(B) MEDICARE ELIGIBILITY (BUT FOR AGE).— of eligibility for such third month. certain retired workers who The individual would be eligible for benefits ‘‘(2) AUTHORITY TO CORRECT FOR GOVERN- lose retiree health coverage. under part A or part B for the month if the MENT ERRORS.—The provisions of section Subtitle B—Amendments to the Public individual were 65 years of age. 1837(h) apply with respect to enrollment Health Service Act ‘‘(C) NOT ELIGIBLE FOR COVERAGE UNDER under this part in the same manner as they Sec. 311. COBRA continuation benefits for GROUP HEALTH PLANS OR FEDERAL HEALTH IN- apply to enrollment under part B. certain retired workers who SURANCE PROGRAMS.—The individual is not ‘‘(c) DATE COVERAGE BEGINS.— lose retiree health coverage. eligible for benefits or coverage under a Fed- ‘‘(1) IN GENERAL.—The period during which Subtitle C—Amendments to the Internal eral health insurance program (as defined in an individual is entitled to benefits under Revenue Code of 1986 subsection (a)(2)(B)) or under a group health this part shall begin as follows, but in no plan (other than such eligibility merely case earlier than January 1, 2001: Sec. 321. COBRA continuation benefits for through a Federal or State COBRA continu- ‘‘(A) In the case of an individual who en- certain retired workers who ation provision) as of the last day of the rolls (including pre-enrolls) before the month lose retiree health coverage. month involved. in which the individual satisfies eligibility TITLE IV—FINANCING ‘‘(2) LIMITATION ON ELIGIBILITY IF TERMI- for enrollment under section 1859, the first Sec. 401. Reference to financing provisions. NATED ENROLLMENT.—If an individual de- day of such month of eligibility.

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‘‘(B) In the case of an individual who en- ‘‘(3) ESTABLISHMENT OF PREMIUM AREAS.— month in which the individual attains 65 rolls during or after the month in which the For purposes of this part, the term ‘premium years of age. individual first satisfies eligibility for en- area’ means such an area as the Secretary ‘‘(4) DETERMINANTS OF ACTUARIAL PRESENT rollment under such section, the first day of shall specify to carry out this part. The Sec- VALUES.—The actuarial present values de- the following month. retary from time to time may change the scribed in paragraph (3) shall reflect— ‘‘(2) AUTHORITY TO PROVIDE FOR PARTIAL boundaries of such premium areas. The Sec- ‘‘(A) the estimated probabilities of survival MONTHS OF COVERAGE.—Under regulations, retary shall seek to minimize the number of at ages 62 through 84 for individuals enrolled the Secretary may, in the Secretary’s discre- such areas specified under this paragraph. during the year; and tion, provide for coverage periods that in- ‘‘(b) BASE ANNUAL PREMIUM FOR INDIVID- ‘‘(B) the estimated effective average inter- clude portions of a month in order to avoid UALS 62 YEARS OF AGE OR OLDER.— est rates that would be earned on invest- lapses of coverage. ‘‘(1) NATIONAL, PER CAPITA AVERAGE.—The ments held in the trust funds under this title ‘‘(3) LIMITATION ON PAYMENTS.—No pay- Secretary shall estimate the average, annual during the period in question. per capita amount that would be payable ments may be made under this title with re- ‘‘SEC. 1859C. PAYMENT OF PREMIUMS. under this title with respect to individuals spect to the expenses of an individual en- ‘‘(a) PAYMENT OF BASE MONTHLY PRE- residing in the United States who meet the rolled under this part unless such expenses MIUM.— requirement of section 1859(b)(1)(A) as if all were incurred by such individual during a pe- ‘‘(1) IN GENERAL.—The Secretary shall pro- such individuals were eligible for (and en- riod which, with respect to the individual, is vide for payment and collection of the base rolled) under this title during the entire year a coverage period under this section. monthly premium, determined under section ‘‘(d) TERMINATION OF COVERAGE.— (and assuming that section 1862(b)(2)(A)(i) did not apply). 1859B(a)(1) for the age (and age cohort, if ap- ‘‘(1) IN GENERAL.—An individual’s coverage plicable) of the individual involved and the period under this part shall continue until ‘‘(2) GEOGRAPHIC ADJUSTMENT.—The Sec- retary shall adjust the amount determined premium area in which the individual prin- the individual’s enrollment has been termi- cipally resides, in the same manner as for nated at the earliest of the following: under paragraph (1) for each premium area (specified under subsection (a)(3)) in order to payment of monthly premiums under section ‘‘(A) GENERAL PROVISIONS.— take into account such factors as the Sec- 1840, except that, for purposes of applying ‘‘(i) NOTICE.—The individual files notice (in this section, any reference in such section to a form and manner prescribed by the Sec- retary deems appropriate and shall limit the maximum premium under this paragraph in the Federal Supplementary Medical Insur- retary) that the individual no longer wishes ance Trust Fund is deemed a reference to the to participate in the insurance program a premium area to assure participation in all areas throughout the United States. Trust Fund established under section 1859D. under this part. ‘‘(3) BASE ANNUAL PREMIUM.—The base an- ‘‘(2) PERIOD OF PAYMENT.—In the case of an ‘‘(ii) NONPAYMENT OF PREMIUMS.—The indi- nual premium under this subsection for individual who participates in the program vidual fails to make payment of premiums months in a year for individuals 62 years of established by this title, the base monthly required for enrollment under this part. age or older residing in a premium area is premium shall be payable for the period ‘‘(iii) MEDICARE ELIGIBILITY.—The indi- equal to the average, annual per capita commencing with the first month of the in- vidual becomes entitled to benefits under amount estimated under paragraph (1) for dividual’s coverage period and ending with part A or enrolled under part B (other than the year, adjusted for such area under para- the month in which the individual’s coverage by reason of this part). graph (2). under this title terminates. ‘‘(B) TERMINATION BASED ON AGE.—The indi- ‘‘(c) DEFERRED PREMIUM RATE FOR INDIVID- ‘‘(b) PAYMENT OF DEFERRED PREMIUM FOR vidual attains 65 years of age. UALS 62 YEARS OF AGE OR OLDER.—The de- INDIVIDUALS COVERED AFTER ATTAINING AGE ‘‘(2) EFFECTIVE DATE OF TERMINATION.— ferred premium rate for individuals with a 62.— ‘‘(A) NOTICE.—The termination of a cov- group of individuals who obtain coverage ‘‘(1) RATE OF PAYMENT.— erage period under paragraph (1)(A)(i) shall under section 1859(b) in a year shall be com- ‘‘(A) IN GENERAL.—In the case of an indi- take effect at the close of the month fol- puted by the Secretary as follows: vidual who is covered under this part for a lowing for which the notice is filed. ‘‘(1) ESTIMATION OF NATIONAL, PER CAPITA month pursuant to an enrollment under sec- ‘‘(B) NONPAYMENT OF PREMIUM.—The termi- ANNUAL AVERAGE EXPENDITURES FOR ENROLL- tion 1859(b), subject to subparagraph (B), the nation of a coverage period under paragraph MENT GROUP.—The Secretary shall estimate individual is liable for payment of a deferred (1)(A)(ii) shall take effect on a date deter- the average, per capita annual amount that premium in each month during the period mined under regulations, which may be de- will be paid under this part for individuals in described in paragraph (2) in an amount termined so as to provide a grace period in such group during the period of enrollment equal to the full deferred monthly premium which overdue premiums may be paid and under section 1859(b). In making such esti- rate determined for the individual under sec- coverage continued. The grace period deter- mate for coverage beginning in a year before tion 1859B(c). mined under the preceding sentence shall not 2004, the Secretary may base such estimate ‘‘(B) SPECIAL RULES FOR THOSE WHO exceed 60 days; except that it may be ex- on the average, per capita amount that DISENROLL EARLY.— tended for an additional 30 days in any case would be payable if the program had been in ‘‘(i) IN GENERAL.—If such an individual’s where the Secretary determines that there operation over a previous period of at least 4 enrollment under such section is terminated was good cause for failure to pay the overdue years. under clause (i) or (ii) of section premiums within such 60-day period. ‘‘(2) DIFFERENCE BETWEEN ESTIMATED EX- 1859A(d)(1)(A), subject to clause (ii), the ‘‘(C) AGE OR MEDICARE ELIGIBILITY.—The PENDITURES AND ESTIMATED PREMIUMS.— amount of the deferred premium otherwise termination of a coverage period under para- Based on the characteristics of individuals in established under this paragraph shall be graph (1)(A)(iii) or (1)(B) shall take effect as such group, the Secretary shall estimate pro-rated to reflect the number of months of of the first day of the month in which the in- during the period of coverage of the group coverage under this part under such enroll- dividual attains 65 years of age or becomes under this part under section 1859(b) the ment compared to the maximum number of entitled to benefits under part A or enrolled amount by which— months of coverage that the individual for benefits under part B (other than by rea- ‘‘(A) the amount estimated under para- would have had if the enrollment were not so son of this part). graph (1); exceeds terminated. ‘‘SEC. 1859B. PREMIUMS. ‘‘(B) the average, annual per capita ‘‘(ii) ROUNDING TO 12-MONTH MINIMUM COV- ‘‘(a) AMOUNT OF MONTHLY PREMIUMS.— amount of premiums that will be payable for ERAGE PERIODS.—In applying clause (i), the ‘‘(1) BASE MONTHLY PREMIUMS.—The Sec- months during the year under section number of months of coverage (if not a mul- retary shall, during September of each year 1859C(a) for individuals in such group (in- tiple of 12) shall be rounded to the next high- (beginning with 1998), determine the fol- cluding premiums that would be payable if est multiple of 12 months, except that in no lowing premium rates which shall apply with there were no terminations in enrollment case shall this clause result in a number of respect to coverage provided under this title under clause (i) or (ii) of section months of coverage exceeding the maximum for any month in the succeeding year: 1859A(d)(1)(A)). number of months of coverage that the indi- ‘‘(A) BASE MONTHLY PREMIUM FOR INDIVID- ‘‘(3) ACTUARIAL COMPUTATION OF DEFERRED vidual would have had if the enrollment were UALS 62 YEARS OF AGE OR OLDER.—A base MONTHLY PREMIUM RATES.—The Secretary not so terminated. monthly premium for individuals 62 years of shall determine deferred monthly premium ‘‘(2) PERIOD OF PAYMENT.—The period de- age or older, equal to 1⁄12 of the base annual rates for individuals in such group in a man- scribed in this paragraph for an individual is premium rate computed under subsection (b) ner so that— the period beginning with the first month in for each premium area. ‘‘(A) the estimated actuarial value of such which the individual has attained 65 years of ‘‘(2) DEFERRED MONTHLY PREMIUMS FOR IN- premiums payable under section 1859C(b), is age and ending with the month before the DIVIDUALS 62 YEARS OF AGE OR OLDER.—The equal to month in which the individual attains 85 Secretary shall, during September of each ‘‘(B) the estimated actuarial present value years of age. year (beginning with 1998), determine under of the differences described in paragraph (2). ‘‘(3) COLLECTION.—In the case of an indi- subsection (c) the amount of deferred month- Such rate shall be computed for each indi- vidual who is liable for a premium under this ly premiums that shall apply with respect to vidual in the group in a manner so that the subsection, the amount of the premium shall individuals who first obtain coverage under rate is based on the number of months be- be collected in the same manner as the pre- this part under section 1859(b) in the suc- tween the first month of coverage based on mium for enrollment under such part is col- ceeding year. enrollment under section 1859(b) and the lected under section 1840, except that any

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7548 CONGRESSIONAL RECORD — SENATE July 25, 2000 reference in such section to the Federal Sup- 1859D(b)(1) shall report on an annual basis to (B) by adding at the end the following: plementary Medical Insurance Trust Fund is Congress concerning the status of the Trust ‘‘(8) ADJUSTMENT FOR EARLY ACCESS.—In deemed to be a reference to the Medicare Fund and the need for adjustments in the applying this subsection with respect to indi- Early Access Trust Fund established under program under this part to maintain finan- viduals entitled to benefits under part D, the section 1859D. cial solvency of the program under this part. Secretary shall provide for an appropriate ‘‘(c) APPLICATION OF CERTAIN PROVISIONS.— ‘‘(b) PERIODIC GAO REPORTS.—The Comp- adjustment in the Medicare+Choice capita- The provisions of section 1840 (other than troller General of the United States shall pe- tion rate as may be appropriate to reflect subsection (h)) shall apply to premiums col- riodically submit to Congress reports on the differences between the population served lected under this section in the same manner adequacy of the financing of coverage pro- under such part and the population under as they apply to premiums collected under vided under this part. The Comptroller Gen- parts A and B.’’. part B, except that any reference in such sec- eral shall include in such report such rec- (c) OTHER CONFORMING AMENDMENTS.— tion to the Federal Supplementary Medical ommendations for adjustments in such fi- (1) Section 138(b)(4) of the Internal Rev- Insurance Trust Fund is deemed a reference nancing and coverage as the Comptroller enue Code of 1986 is amended by striking to the Trust Fund established under section General deems appropriate in order to main- ‘‘1859(b)(3)’’ and inserting ‘‘1858(b)(3)’’. 1859D. tain financial solvency of the program under (2)(A) Section 602(2)(D)(ii) of the Employee this part. ‘‘SEC. 1859D. MEDICARE EARLY ACCESS TRUST Retirement Income Security Act of 1974 (29 ‘‘SEC. 1859F. ADMINISTRATION AND MISCELLA- FUND. U.S.C. 1162(2)) is amended by inserting ‘‘(not NEOUS. ‘‘(a) ESTABLISHMENT OF TRUST FUND.— including an individual who is so entitled ‘‘(a) TREATMENT FOR PURPOSES OF TITLE.— pursuant to enrollment under section ‘‘(1) IN GENERAL.—There is hereby created Except as otherwise provided in this part— 1859A)’’ after ‘‘Social Security Act’’. on the books of the Treasury of the United ‘‘(1) individuals enrolled under this part (B) Section 2202(2)(D)(ii) of the Public States a trust fund to be known as the ‘Medi- shall be treated for purposes of this title as care Early Access Trust Fund’ (in this sec- though the individual were entitled to bene- Health Service Act (42 U.S.C. 300bb– tion referred to as the ‘Trust Fund’). The fits under part A and enrolled under part B; 2(2)(D)(ii)) is amended by inserting ‘‘(not in- Trust Fund shall consist of such gifts and be- and cluding an individual who is so entitled pur- quests as may be made as provided in section ‘‘(2) benefits described in section 1859 shall suant to enrollment under section 1859A)’’ 201(i)(1) and such amounts as may be depos- be payable under this title to such individ- after ‘‘Social Security Act’’. ited in, or appropriated to, such fund as pro- uals in the same manner as if such individ- (C) Section 4980B(f)(2)(B)(i)(V) of the Inter- vided in this title. uals were so entitled and enrolled. nal Revenue Code of 1986 is amended by in- ‘‘(2) PREMIUMS.—Premiums collected under ‘‘(b) NOT TREATED AS MEDICARE PROGRAM serting ‘‘(not including an individual who is section 1859B shall be transferred to the FOR PURPOSES OF MEDICAID PROGRAM.—For so entitled pursuant to enrollment under Trust Fund. purposes of applying title XIX (including the section 1859A)’’ after ‘‘Social Security Act’’. ‘‘(3) TRANSFER OF SAVINGS FROM NEW FRAUD provision of medicare cost-sharing assist- TITLE II—ACCESS TO MEDICARE BENE- AND ABUSE INITIATIVES.— ance under such title), an individual who is FITS FOR DISPLACED WORKERS 55-TO-62 ‘‘(A) IN GENERAL.—There is hereby trans- enrolled under this part shall not be treated YEARS OF AGE ferred to the Trust Fund from the Federal as being entitled to benefits under this title. SEC. 201. ACCESS TO MEDICARE BENEFITS FOR Hospital Insurance Trust Fund and from the ‘‘(c) NOT TREATED AS MEDICARE PROGRAM DISPLACED WORKERS 55-TO-62 Federal Supplementary Medical Insurance FOR PURPOSES OF COBRA CONTINUATION PRO- YEARS OF AGE. Trust Fund amounts equivalent to the VISIONS.—In applying a COBRA continuation (a) ELIGIBILITY.—Section 1859 of the Social amounts (specified under subparagraph (B)) provision (as defined in section 2791(d)(4) of Security Act, as inserted by section 101(a)(2), of the reductions in expenditures under such the Public Health Service Act), any ref- is amended by adding at the end the fol- respective trust fund as may be attributable erence to an entitlement to benefits under lowing new subsection: this title shall not be construed to include to the enactment of the Medicare Fraud and ‘‘(c) DISPLACED WORKERS AND SPOUSES.— entitlement to benefits under this title pur- Reimbursement Reform Act of 1999 (H.R. ‘‘(1) DISPLACED WORKERS.—Subject to para- suant to the operation of this part.’’. 2229). graph (3), an individual who meets the fol- (b) CONFORMING AMENDMENTS TO SOCIAL SE- ‘‘(B) USE OF CBO ESTIMATES.—For each fis- lowing requirements with respect to a month cal year during the 10-fiscal-year period be- CURITY ACT PROVISIONS.— (1) Section 201(i)(1) of the Social Security is eligible to enroll under this part with re- ginning with fiscal year 2001, the amounts spect to such month: under subparagraph (A) shall be the amounts Act (42 U.S.C. 401(i)(1)) is amended by strik- ing ‘‘or the Federal Supplementary Medical ‘‘(A) AGE.—As of the last day of the month, described in such subparagraph as deter- Insurance Trust Fund’’ and inserting ‘‘the the individual has attained 55 years of age, mined by the Congressional Budget Office at Federal Supplementary Medical Insurance but has not attained 62 years of age. the time of, and in connection with, the en- Trust Fund, and the Medicare Early Access ‘‘(B) MEDICARE ELIGIBILITY (BUT FOR AGE).— actment of the Medicare Early Access and Trust Fund’’. The individual would be eligible for benefits Tax Credit Act of 2000. For subsequent fiscal (2) Section 201(g)(1)(A) of such Act (42 under part A or part B for the month if the years, the amounts under subparagraph (A) U.S.C. 401(g)(1)(A)) is amended by striking individual were 65 years of age. shall be the amount determined under this ‘‘and the Federal Supplementary Medical In- ‘‘(C) LOSS OF EMPLOYMENT-BASED COV- subparagraph for the previous fiscal year in- surance Trust Fund established by title ERAGE.— creased by the same percentage as the per- XVIII’’ and inserting ‘‘, the Federal Supple- ‘‘(i) ELIGIBLE FOR UNEMPLOYMENT COM- centage increase in aggregate expenditures mentary Medical Insurance Trust Fund, and PENSATION.—The individual meets the re- under this title from the second previous fis- the Medicare Early Access Trust Fund estab- quirements relating to period of covered em- cal year to the previous fiscal year. lished by title XVIII’’. ployment and conditions of separation from ‘‘(b) INCORPORATION OF PROVISIONS.— (3) Section 1820(i) of such Act (42 U.S.C. employment to be eligible for unemployment ‘‘(1) IN GENERAL.—Subject to paragraph (2), 1395i–4(i)) is amended by striking ‘‘part D’’ compensation (as defined in section 85(b) of subsections (b) through (i) of section 1841 and inserting ‘‘part E’’. the Internal Revenue Code of 1986), based on shall apply with respect to the Trust Fund (4) Part C of title XVIII of such Act is a separation from employment occurring on and this title in the same manner as they amended— or after July 1, 2000. The previous sentence apply with respect to the Federal Supple- (A) in section 1851(a)(2)(B) (42 U.S.C. 1395w– shall not be construed as requiring the indi- mentary Medical Insurance Trust Fund and 21(a)(2)(B)), by striking ‘‘1859(b)(3)’’ and in- vidual to be receiving such unemployment part B, respectively. serting ‘‘1858(b)(3)’’; compensation. ‘‘(2) MISCELLANEOUS REFERENCES.—In ap- (B) in section 1851(a)(2)(C) (42 U.S.C. 1395w– ‘‘(ii) LOSS OF EMPLOYMENT-BASED COV- plying provisions of section 1841 under para- 21(a)(2)(C)), by striking ‘‘1859(b)(2)’’ and in- ERAGE.—Immediately before the time of such graph (1)— serting ‘‘1858(b)(2)’’; separation of employment, the individual ‘‘(A) any reference in such section to ‘this (C) in section 1852(a)(1) (42 U.S.C. 1395w– was covered under a group health plan on the part’ is construed to refer to this part D; 22(a)(1)), by striking ‘‘1859(b)(3)’’ and insert- basis of such employment, and, because of ‘‘(B) any reference in section 1841(h) to sec- ing ‘‘1858(b)(3)’’; such loss, is no longer eligible for coverage tion 1840(d) and in section 1841(i) to sections (D) in section 1852(a)(3)(B)(ii) (42 U.S.C. under such plan (including such eligibility 1840(b)(1) and 1842(g) are deemed references 1395w–22(a)(3)(B)(ii)), by striking based on the application of a Federal or to comparable authority exercised under this ‘‘1859(b)(2)(B)’’ and inserting ‘‘1858(b)(2)(B)’’; State COBRA continuation provision) as of part; and (E) in section 1853(a)(1)(A) (42 U.S.C. 1395w– the last day of the month involved. ‘‘(C) payments may be made under section 23(a)(1)(A)), by striking ‘‘1859(e)(4)’’ and in- ‘‘(iii) PREVIOUS CREDITABLE COVERAGE FOR 1841(g) to the Trust Funds under sections serting ‘‘1858(e)(4)’’; and AT LEAST 1 YEAR.—As of the date on which 1817 and 1841 as reimbursement to such funds (F) in section 1853(a)(3)(D) (42 U.S.C. 1395w– the individual loses coverage described in for payments they made for benefits pro- 23(a)(3)(D)), by striking ‘‘1859(e)(4)’’ and in- clause (ii), the aggregate of the periods of vided under this part. serting ‘‘1858(e)(4)’’. creditable coverage (as determined under ‘‘SEC. 1859E. OVERSIGHT AND ACCOUNTABILITY. (5) Section 1853(c) of such Act (42 U.S.C. section 2701(c) of the Public Health Service ‘‘(a) THROUGH ANNUAL REPORTS OF TRUST- 1395w–23(c)) is amended— Act) is 12 months or longer. EES.—The Board of Trustees of the Medicare (A) in paragraph (1), by striking ‘‘or (7)’’ ‘‘(D) EXHAUSTION OF AVAILABLE COBRA CON- Early Access Trust Fund under section and inserting ‘‘, (7), or (8)’’, and TINUATION BENEFITS.—

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‘‘(i) IN GENERAL.—In the case of an indi- ‘‘(2) DISPLACED WORKERS AND SPOUSES.—In the United States who meet the requirement vidual described in clause (ii) for a month de- the case of individuals eligible to enroll of section 1859(c)(1)(A) within each of the age scribed in clause (iii)— under this part under section 1859(c), the fol- cohorts established under subparagraph (B) ‘‘(I) the individual (or spouse) elected cov- lowing rules apply: as if all such individuals within such cohort erage described in clause (ii); and ‘‘(A) INITIAL ENROLLMENT PERIOD.—If the were eligible for (and enrolled) under this ‘‘(II) the individual (or spouse) has contin- individual is first eligible to enroll under title during the entire year (and assuming ued such coverage for all months described such section for January 2001, the enroll- that section 1862(b)(2)(A)(i) did not apply). in clause (iii) in which the individual (or ment period shall begin on November 1, 2000, ‘‘(B) AGE COHORTS.—For purposes of sub- spouse) is eligible for such coverage. and shall end on February 28, 2001. Any such paragraph (A), the Secretary shall establish ‘‘(ii) INDIVIDUALS TO WHOM COBRA CONTINU- enrollment before January 1, 2001, is condi- separate age cohorts in 5 year age incre- ATION COVERAGE MADE AVAILABLE.—An indi- tioned upon compliance with the conditions ments for individuals who have not attained vidual described in this clause is an indi- of eligibility for January 2001. 60 years of ages and a separate cohort for in- vidual— ‘‘(B) SUBSEQUENT PERIODS.—If the indi- dividuals who have attained 60 years of age. ‘‘(I) who was offered coverage under a Fed- vidual is eligible to enroll under such section ‘‘(2) GEOGRAPHIC ADJUSTMENT.—The Sec- eral or State COBRA continuation provision for a month after January 2001, the enroll- retary shall adjust the amount determined at the time of loss of coverage eligibility de- ment period based on such eligibility shall under paragraph (1)(A) for each premium scribed in subparagraph (C)(ii); or begin on the first day of the second month area (specified under subsection (a)(3)) in the ‘‘(II) whose spouse was offered such cov- before the month in which the individual same manner and to the same extent as the erage in a manner that permitted coverage first is eligible to so enroll (or reenroll) and Secretary provides for adjustments under of the individual at such time. shall end four months later.’’; subsection (b)(2). ‘‘(iii) MONTHS OF POSSIBLE COBRA CONTINU- (3) in subsection (d)(1), by amending sub- ‘‘(3) BASE ANNUAL PREMIUM.—The base an- ATION COVERAGE.—A month described in this paragraph (B) to read as follows: nual premium under this subsection for clause is a month for which an individual de- ‘‘(B) TERMINATION BASED ON AGE.— months in a year for individuals in an age scribed in clause (ii) could have had coverage ‘‘(i) AT AGE 65.—Subject to clause (ii), the cohort under paragraph (1)(B) in a premium described in such clause as of the last day of individual attains 65 years of age. area is equal to 165 percent of the average, the month if the individual (or the spouse of ‘‘(ii) AT AGE 62 FOR DISPLACED WORKERS AND annual per capita amount estimated under the individual, as the case may be) had elect- SPOUSES.—In the case of an individual en- paragraph (1) for the age cohort and year, ad- ed such coverage on a timely basis. rolled under this part pursuant to section justed for such area under paragraph (2). ‘‘(E) NOT ELIGIBLE FOR COVERAGE UNDER 1859(c), subject to subsection (a)(1), the indi- ‘‘(4) PRO-RATION OF PREMIUMS TO REFLECT FEDERAL HEALTH INSURANCE PROGRAM OR vidual attains 62 years of age.’’; COVERAGE DURING A PART OF A MONTH.—If the GROUP HEALTH PLANS.—The individual is not (4) in subsection (d)(1), by adding at the Secretary provides for coverage of portions eligible for benefits or coverage under a Fed- end the following new subparagraph: of a month under section 1859A(c)(2), the Sec- eral health insurance program or under a ‘‘(C) OBTAINING ACCESS TO EMPLOYMENT- retary shall pro-rate the premiums attrib- group health plan (whether on the basis of BASED COVERAGE OR FEDERAL HEALTH INSUR- utable to such coverage under this section to the individual’s employment or employment ANCE PROGRAM FOR INDIVIDUALS UNDER 62 reflect the portion of the month so cov- of the individual’s spouse) as of the last day YEARS OF AGE.—In the case of an individual ered.’’. of the month involved. who has not attained 62 years of age, the in- (d) ADMINISTRATIVE PROVISIONS.—Section ‘‘(2) SPOUSE OF DISPLACED WORKER.—Sub- dividual is covered (or eligible for coverage) ject to paragraph (3), an individual who as a participant or beneficiary under a group 1859F of such Act, as so inserted, is amended meets the following requirements with re- health plan or under a Federal health insur- by adding at the end the following: spect to a month is eligible to enroll under ance program.’’; ‘‘(d) ADDITIONAL ADMINISTRATIVE PROVI- this part with respect to such month: (5) in subsection (d)(2), by amending sub- SIONS.— ‘‘(A) AGE.—As of the last day of the month, paragraph (C) to read as follows: ‘‘(1) PROCESS FOR CONTINUED ENROLLMENT the individual has not attained 62 years of ‘‘(C) AGE OR MEDICARE ELIGIBILITY.— OF DISPLACED WORKERS WHO ATTAIN 62 YEARS age. ‘‘(i) IN GENERAL.—The termination of a OF AGE.—The Secretary shall provide a proc- ‘‘(B) MARRIED TO DISPLACED WORKER.—The coverage period under paragraph (1)(A)(iii) or ess for the continuation of enrollment of in- individual is the spouse of an individual at (1)(B)(i) shall take effect as of the first day dividuals whose enrollment under section the time the individual enrolls under this of the month in which the individual attains 1859(c) would be terminated upon attaining part under paragraph (1) and loses coverage 65 years of age or becomes entitled to bene- 62 years of age. Under such process such indi- described in paragraph (1)(C)(ii) because the fits under part A or enrolled for benefits viduals shall be provided appropriate and individual’s spouse lost such coverage. under part B. timely notice before the date of such termi- ‘‘(C) MEDICARE ELIGIBILITY (BUT FOR AGE); ‘‘(ii) DISPLACED WORKERS.—The termi- nation and of the requirement to enroll EXHAUSTION OF ANY COBRA CONTINUATION COV- nation of a coverage period under paragraph under this part pursuant to section 1859(b) in ERAGE; AND NOT ELIGIBLE FOR COVERAGE (1)(B)(ii) shall take effect as of the first day order to continue entitlement to benefits UNDER FEDERAL HEALTH INSURANCE PROGRAM of the month in which the individual attains under this title after attaining 62 years of OR GROUP HEALTH PLAN.—The individual 62 years of age, unless the individual has en- age. meets the requirements of subparagraphs rolled under this part pursuant to section ‘‘(2) ARRANGEMENTS WITH STATES FOR DE- (B), (D), and (E) of paragraph (1). 1859(b) and section 1859E(c)(1).’’; and TERMINATIONS RELATING TO UNEMPLOYMENT ‘‘(3) CHANGE IN HEALTH PLAN ELIGIBILITY AF- (6) in subsection (d)(2), by adding at the COMPENSATION ELIGIBILITY.—The Secretary FECTS CONTINUED ELIGIBILITY.—For provision end the following new subparagraph: may provide for appropriate arrangements that terminates enrollment under this sec- ‘‘(D) ACCESS TO COVERAGE.—The termi- with States for the determination of whether tion in the case of an individual who be- nation of a coverage period under paragraph individuals in the State meet or would meet comes eligible for coverage under a group (1)(C) shall take effect on the date on which the requirements of section 1859(c)(1)(C)(i).’’. health plan or under a Federal health insur- the individual is eligible to begin a period of (e) CONFORMING AMENDMENT TO HEADING TO ance program, see section 1859A(d)(1)(C). creditable coverage (as defined in section PART.—The heading of part D of title XVIII ‘‘(4) REENROLLMENT PERMITTED.—Nothing 2701(c) of the Public Health Service Act) of the Social Security Act, as so inserted, is in this subsection shall be construed as pre- under a group health plan or under a Federal amended by striking ‘‘62’’ and inserting ‘‘55’’. venting an individual who, after enrolling health insurance program.’’. TITLE III—COBRA PROTECTION FOR under this subsection, terminates such en- (c) PREMIUMS.—Section 1859B of such Act, EARLY RETIREES rollment from subsequently reenrolling as so inserted, is amended— under this subsection if the individual is eli- (1) in subsection (a)(1), by adding at the Subtitle A—Amendments to the Employee gible to enroll under this subsection at that end the following: Retirement Income Security Act of 1974 time.’’. ‘‘(B) BASE MONTHLY PREMIUM FOR INDIVID- SEC. 301. COBRA CONTINUATION BENEFITS FOR (b) ENROLLMENT.—Section 1859A of such UALS UNDER 62 YEARS OF AGE.—A base month- CERTAIN RETIRED WORKERS WHO Act, as so inserted, is amended— ly premium for individuals under 62 years of LOSE RETIREE HEALTH COVERAGE. (1) in subsection (a), by striking ‘‘and’’ at age, equal to 1⁄12 of the base annual premium (a) ESTABLISHMENT OF NEW QUALIFYING the end of paragraph (1), by striking the pe- rate computed under subsection (d)(3) for EVENT.— riod at the end of paragraph (2) and inserting each premium area and age cohort.’’; and (1) IN GENERAL.—Section 603 of the Em- ‘‘; and’’, and by adding at the end the fol- (2) by adding at the end the following new ployee Retirement Income Security Act of lowing new paragraph: subsection: 1974 (29 U.S.C. 1163) is amended by inserting ‘‘(3) individuals whose coverage under this ‘‘(d) BASE MONTHLY PREMIUM FOR INDIVID- after paragraph (6) the following new para- part would terminate because of subsection UALS UNDER 62 YEARS OF AGE.— graph: (d)(1)(B)(ii) are provided notice and an oppor- ‘‘(1) NATIONAL, PER CAPITA AVERAGE FOR ‘‘(7) The termination or substantial reduc- tunity to continue enrollment in accordance AGE GROUPS.— tion in benefits (as defined in section 607(7)) with section 1859E(c)(1).’’; ‘‘(A) ESTIMATE OF AMOUNT.—The Secretary of group health plan coverage as a result of (2) in subsection (b), by inserting after Not- shall estimate the average, annual per capita plan changes or termination in the case of a withstanding any other provision of law, (1) amount that would be payable under this covered employee who is a qualified re- the following: title with respect to individuals residing in tiree.’’.

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(2) QUALIFIED RETIREE; QUALIFIED BENE- ‘‘(A) IN GENERAL.—Except as provided in term ‘qualified beneficiary’ means a quali- FICIARY; AND SUBSTANTIAL REDUCTION DE- subparagraph (B), the coverage’’; and fied retiree and any other individual who, on FINED.—Section 607 of such Act (29 U.S.C. (2) by adding at the end the following: the day before such qualifying event, is a 1167) is amended— ‘‘(B) CERTAIN RETIREES.—In the case of a beneficiary under the plan on the basis of the (A) in paragraph (3)— qualifying event described in section 603(7), individual’s relationship to such qualified re- (i) in subparagraph (A), by inserting ‘‘ex- in applying the first sentence of subpara- tiree.’’; and cept as otherwise provided in this para- graph (A) and the fourth sentence of para- (B) by adding at the end the following new graph,’’ after ‘‘means,’’; and graph (3), the coverage offered that is the paragraphs: (ii) by adding at the end the following new most prevalent coverage option (as deter- ‘‘(5) QUALIFIED RETIREE.—The term ‘quali- subparagraph: mined under regulations of the Secretary) fied retiree’ means, with respect to a quali- ‘‘(D) SPECIAL RULE FOR QUALIFYING RETIR- continued under the group health plan (or, if fying event described in section 2203(6), a EES AND DEPENDENTS.—In the case of a quali- none, under the most prevalent other plan covered employee who, at the time of the fying event described in section 603(7), the offered by the same plan sponsor) shall be event— term ‘qualified beneficiary’ means a quali- treated as the coverage described in such ‘‘(A) has attained 55 years of age; and fied retiree and any other individual who, on sentence, or (at the option of the plan and ‘‘(B) was receiving group health coverage the day before such qualifying event, is a qualified beneficiary) such other coverage under the plan by reason of the retirement of beneficiary under the plan on the basis of the option as may be offered and elected by the the covered employee. individual’s relationship to such qualified re- qualified beneficiary involved.’’. ‘‘(6) SUBSTANTIAL REDUCTION.—The term tiree.’’; and (d) INCREASED LEVEL OF PREMIUMS PER- ‘substantial reduction’— (B) by adding at the end the following new MITTED.—Section 602(3) of such Act (29 U.S.C. ‘‘(A) means, as determined under regula- paragraphs: 1162(3)) is amended by adding at the end the tions of the Secretary of Labor and with re- ‘‘(6) QUALIFIED RETIREE.—The term ‘quali- following new sentence: ‘‘In the case of an spect to a qualified beneficiary, a reduction fied retiree’ means, with respect to a quali- individual provided continuation coverage in the average actuarial value of benefits fying event described in section 603(7), a cov- by reason of a qualifying event described in under the plan (through reduction or elimi- ered employee who, at the time of the section 603(7), any reference in subparagraph nation of benefits, an increase in premiums, event— (A) of this paragraph to ‘102 percent of the deductibles, copayments, and coinsurance, or ‘‘(A) has attained 55 years of age; and applicable premium’ is deemed a reference to any combination thereof), since the date of ‘‘(B) was receiving group health coverage ‘125 percent of the applicable premium for commencement of coverage of the bene- under the plan by reason of the retirement of employed individuals (and their dependents, ficiary by reason of the retirement of the the covered employee. if applicable) for the coverage option re- covered employee (or, if later, January 6, ‘‘(7) SUBSTANTIAL REDUCTION.—The term ferred to in paragraph (1)(B)’.’’. 2000), in an amount equal to at least 50 per- ‘substantial reduction’— (e) NOTICE.—Section 606(a) of such Act (29 cent of the total average actuarial value of ‘‘(A) means, as determined under regula- U.S.C. 1166) is amended— the benefits under the plan as of such date tions of the Secretary and with respect to a (1) in paragraph (4)(A), by striking ‘‘or (6)’’ (taking into account an appropriate adjust- qualified beneficiary, a reduction in the av- and inserting ‘‘(6), or (7)’’; and ment to permit comparison of values over erage actuarial value of benefits under the (2) by adding at the end the following: time); and plan (through reduction or elimination of ‘‘The notice under paragraph (4) in the case ‘‘(B) includes an increase in premiums re- benefits, an increase in premiums, of a qualifying event described in section quired to an amount that exceeds the pre- deductibles, copayments, and coinsurance, or 603(7) shall be provided at least 90 days be- mium level described in the fourth sentence any combination thereof), since the date of fore the date of the qualifying event.’’. of section 2202(3).’’. commencement of coverage of the bene- (b) DURATION OF COVERAGE THROUGH AGE (f) EFFECTIVE DATES.— ficiary by reason of the retirement of the 65.—Section 2202(2)(A) of such Act (42 U.S.C. (1) IN GENERAL.—The amendments made by covered employee (or, if later, January 6, 300bb–2(2)(A)) is amended— this section (other than subsection (e)(2)) 2000), in an amount equal to at least 50 per- (1) by redesignating clause (iii) as clause shall apply to qualifying events occurring on cent of the total average actuarial value of (iv); and or after January 6, 2000. In the case of a the benefits under the plan as of such date (2) by inserting after clause (ii) the fol- qualifying event occurring on or after such (taking into account an appropriate adjust- lowing new clause: date and before the date of the enactment of ment to permit comparison of values over ‘‘(iii) SPECIAL RULE FOR CERTAIN DEPEND- this Act, such event shall be deemed (for pur- time); and ENTS IN CASE OF TERMINATION OR SUBSTANTIAL poses of such amendments) to have occurred ‘‘(B) includes an increase in premiums re- REDUCTION OF RETIREE HEALTH COVERAGE.—In on the date of the enactment of this Act. quired to an amount that exceeds the pre- the case of a qualifying event described in (2) ADVANCE NOTICE OF TERMINATIONS AND mium level described in the fourth sentence section 2203(6), in the case of a qualified ben- REDUCTIONS.—The amendment made by sub- of section 602(3).’’. eficiary described in section 2208(3)(C) who is section (e)(2) shall apply to qualifying events (b) DURATION OF COVERAGE THROUGH AGE not the qualified retiree or spouse of such re- occurring after the date of the enactment of 65.—Section 602(2)(A) of such Act (29 U.S.C. tiree, the later of— this Act, except that in no case shall notice 1162(2)(A)) is amended— ‘‘(I) the date that is 36 months after the be required under such amendment before (1) in clause (ii), by inserting ‘‘or 603(7)’’ earlier of the date the qualified retiree be- such date. after ‘‘603(6)’’; comes entitled to benefits under title XVIII (2) in clause (iv), by striking ‘‘or 603(6)’’ Subtitle B—Amendments to the Public Health of the Social Security Act, or the date of the and inserting ‘‘, 603(6), or 603(7)’’; Service Act death of the qualified retiree; or (3) by redesignating clause (iv) as clause SEC. 311. COBRA CONTINUATION BENEFITS FOR ‘‘(II) the date that is 36 months after the (vi); CERTAIN RETIRED WORKERS WHO date of the qualifying event.’’. (4) by redesignating clause (v) as clause LOSE RETIREE HEALTH COVERAGE. (c) TYPE OF COVERAGE IN CASE OF TERMI- (iv) and by moving such clause to imme- (a) ESTABLISHMENT OF NEW QUALIFYING NATION OR SUBSTANTIAL REDUCTION OF RE- diately follow clause (iii); and EVENT.— TIREE HEALTH COVERAGE.—Section 2202(1) of (5) by inserting after such clause (iv) the (1) IN GENERAL.—Section 2203 of the Public such Act (42 U.S.C. 300bb–2(1)) is amended— following new clause: Health Service Act (42 U.S.C. 300bb–3) is (1) by striking ‘‘The coverage’’ and insert- ‘‘(v) SPECIAL RULE FOR CERTAIN DEPENDENTS amended by inserting after paragraph (5) the ing the following: IN CASE OF TERMINATION OR SUBSTANTIAL RE- following new paragraph: ‘‘(A) IN GENERAL.—Except as provided in DUCTION OF RETIREE HEALTH COVERAGE.—In ‘‘(6) The termination or substantial reduc- subparagraph (B), the coverage’’; and the case of a qualifying event described in tion in benefits (as defined in section 2208(6)) (2) by adding at the end the following: section 603(7), in the case of a qualified bene- of group health plan coverage as a result of ‘‘(B) CERTAIN RETIREES.—In the case of a ficiary described in section 607(3)(D) who is plan changes or termination in the case of a qualifying event described in section 2203(6), not the qualified retiree or spouse of such re- covered employee who is a qualified re- in applying the first sentence of subpara- tiree, the later of— tiree.’’. graph (A) and the fourth sentence of para- ‘‘(I) the date that is 36 months after the (2) QUALIFIED RETIREE; QUALIFIED BENE- graph (3), the coverage offered that is the earlier of the date the qualified retiree be- FICIARY; AND SUBSTANTIAL REDUCTION DE- most prevalent coverage option (as deter- comes entitled to benefits under title XVIII FINED.—Section 2208 of such Act (42 U.S.C. mined under regulations of the Secretary of of the Social Security Act, or the date of the 300bb–8) is amended— Labor) continued under the group health death of the qualified retiree; or (A) in paragraph (3)— plan (or, if none, under the most prevalent ‘‘(II) the date that is 36 months after the (i) in subparagraph (A), by inserting ‘‘ex- other plan offered by the same plan sponsor) date of the qualifying event.’’. cept as otherwise provided in this para- shall be treated as the coverage described in (c) TYPE OF COVERAGE IN CASE OF TERMI- graph,’’ after ‘‘means,’’; and such sentence, or (at the option of the plan NATION OR SUBSTANTIAL REDUCTION OF RE- (ii) by adding at the end the following new and qualified beneficiary) such other cov- TIREE HEALTH COVERAGE.—Section 602(1) of subparagraph: erage option as may be offered and elected such Act (29 U.S.C. 1162(1)) is amended— ‘‘(C) SPECIAL RULE FOR QUALIFYING RETIR- by the qualified beneficiary involved.’’. (1) by striking ‘‘The coverage’’ and insert- EES AND DEPENDENTS.—In the case of a quali- (d) INCREASED LEVEL OF PREMIUMS PER- ing the following: fying event described in section 2203(6), the MITTED.—Section 2202(3) of such Act (42

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7551 U.S.C. 300bb–2(3)) is amended by adding at spect to a qualified beneficiary, a reduction (1) in subparagraph (D)(i), by striking ‘‘or the end the following new sentence: ‘‘In the in the average actuarial value of benefits (F)’’ and inserting ‘‘(F), or (G)’’; and case of an individual provided continuation under the plan (through reduction or elimi- (2) by adding at the end the following: coverage by reason of a qualifying event de- nation of benefits, an increase in premiums, ‘‘The notice under subparagraph (D)(i) in the scribed in section 2203(6), any reference in deductibles, copayments, and coinsurance, or case of a qualifying event described in para- subparagraph (A) of this paragraph to ‘102 any combination thereof), since the date of graph (3)(G) shall be provided at least 90 days percent of the applicable premium’ is deemed commencement of coverage of the bene- before the date of the qualifying event.’’. a reference to ‘125 percent of the applicable ficiary by reason of the retirement of the (f) EFFECTIVE DATES.— premium for employed individuals (and their covered employee (or, if later, January 6, (1) IN GENERAL.—The amendments made by dependents, if applicable) for the coverage 2000), in an amount equal to at least 50 per- this section (other than subsection (e)(2)) option referred to in paragraph (1)(B)’.’’. cent of the total average actuarial value of shall apply to qualifying events occurring on (e) NOTICE.—Section 2206(a) of such Act (42 the benefits under the plan as of such date or after January 6, 2000. In the case of a U.S.C. 300bb–6(a)) is amended— (taking into account an appropriate adjust- qualifying event occurring on or after such (1) in paragraph (4)(A), by striking ‘‘or (4)’’ ment to permit comparison of values over date and before the date of the enactment of and inserting ‘‘(4), or (6)’’; and time); and this Act, such event shall be deemed (for pur- (2) by adding at the end the following: ‘‘(B) includes an increase in premiums re- poses of such amendments) to have occurred ‘‘The notice under paragraph (4) in the case quired to an amount that exceeds the pre- on the date of the enactment of this Act. of a qualifying event described in section mium level described in the fourth sentence (2) ADVANCE NOTICE OF TERMINATIONS AND 2203(6) shall be provided at least 90 days be- of subsection (f)(2)(C).’’. REDUCTIONS.—The amendment made by sub- fore the date of the qualifying event.’’. (b) DURATION OF COVERAGE THROUGH AGE section (e)(2) shall apply to qualifying events (f) EFFECTIVE DATES.— 65.—Section 4980B(f)(2)(B)(i) of such Code is occurring after the date of the enactment of (1) IN GENERAL.—The amendments made by amended— this Act, except that in no case shall notice this section (other than subsection (e)(2)) (1) in subclause (II), by inserting ‘‘or be required under such amendment before shall apply to qualifying events occurring on (3)(G)’’ after ‘‘(3)(F)’’; such date. or after January 6, 2000. In the case of a (2) in subclause (IV), by striking ‘‘or qualifying event occurring on or after such TITLE IV—FINANCING date and before the date of the enactment of (3)(F)’’ and inserting ‘‘, (3)(F), or (3)(G)’’; SEC. 401. REFERENCE TO FINANCING PROVI- this Act, such event shall be deemed (for pur- (3) by redesignating subclause (IV) as sub- SIONS. poses of such amendments) to have occurred clause (VI); Any increase in payments under the medi- on the date of the enactment of this Act. (4) by redesignating subclause (V) as sub- care program under title XVIII of the Social clause (IV) and by moving such clause to im- Security Act that results from the enact- (2) ADVANCE NOTICE OF TERMINATIONS AND ment of this Act shall be offset by reductions REDUCTIONS.—The amendment made by sub- mediately follow subclause (III); and section (e)(2) shall apply to qualifying events (5) by inserting after such subclause (IV) in payments under such program pursuant to occurring after the date of the enactment of the following new subclause: the anti-fraud and anti-abuse provisions en- acted as part of the Medicare Fraud and Re- this Act, except that in no case shall notice ‘‘(V) SPECIAL RULE FOR CERTAIN DEPEND- imbursement Reform Act of 1999 (H.R. 2229). be required under such amendment before ENTS IN CASE OF TERMINATION OR SUBSTANTIAL such date. REDUCTION OF RETIREE HEALTH COVERAGE.—In TITLE V—CREDIT AGAINST INCOME TAX the case of a qualifying event described in FOR MEDICARE BUY-IN PREMIUMS AND Subtitle C—Amendments to the Internal paragraph (3)(G), in the case of a qualified Revenue Code of 1986 FOR CERTAIN COBRA CONTINUATION beneficiary described in subsection (g)(1)(E) COVERAGE PREMIUMS SEC. 321. COBRA CONTINUATION BENEFITS FOR who is not the qualified retiree or spouse of CERTAIN RETIRED WORKERS WHO SEC. 501. CREDIT FOR MEDICARE BUY-IN PRE- LOSE RETIREE HEALTH COVERAGE. such retiree, the later of— MIUMS AND FOR CERTAIN COBRA CONTINUATION COVERAGE PRE- (a) ESTABLISHMENT OF NEW QUALIFYING ‘‘(a) the date that is 36 months after the MIUMS. EVENT.— earlier of the date the qualified retiree be- (a) IN GENERAL.—Subpart A of part IV of (1) IN GENERAL.—Section 4980B(f)(3) of the comes entitled to benefits under title XVIII subchapter A of chapter 1 of the Internal Internal Revenue Code of 1986 is amended by of the Social Security Act, or the date of the Revenue Code of 1986 (relating to nonrefund- inserting after subparagraph (F) the fol- death of the qualified retiree; or able personal credits) is amended by insert- lowing new subparagraph: ‘‘(b) the date that is 36 months after the date of the qualifying event.’’. ing after section 25A the following new sec- ‘‘(G) The termination or substantial reduc- tion: tion in benefits (as defined in subsection (c) TYPE OF COVERAGE IN CASE OF TERMI- (g)(6)) of group health plan coverage as a re- NATION OR SUBSTANTIAL REDUCTION OF RE- ‘‘SEC. 25B. MEDICARE BUY-IN PREMIUMS AND CERTAIN COBRA CONTINUATION TIREE HEALTH COVERAGE.—Section sult of plan changes or termination in the COVERAGE PREMIUMS. 4980B(f)(2)(A) of such Code is amended— case of a covered employee who is a qualified ‘‘(a) IN GENERAL.—In the case of an indi- retiree.’’. (1) by striking ‘‘The coverage’’ and insert- vidual, there shall be allowed as a credit (2) QUALIFIED RETIREE; QUALIFIED BENE- ing the following: against the tax imposed by this chapter for FICIARY; AND SUBSTANTIAL REDUCTION DE- ‘‘(i) IN GENERAL.—Except as provided in the taxable year an amount equal to 25 per- FINED.—Section 4980B(g) of such Code is clause (ii), the coverage’’; and cent of the amount paid during such year amended— (2) by adding at the end the following: as— (A) in paragraph (1)— ‘‘(ii) CERTAIN RETIREES.—In the case of a ‘‘(1) qualified continuation health coverage (i) in subparagraph (A), by inserting ‘‘ex- qualifying event described in paragraph premiums, and cept as otherwise provided in this para- (3)(G), in applying the first sentence of ‘‘(2) medicare buy-in coverage premiums. graph,’’ after ‘‘means,’’; and clause (i) and the fourth sentence of subpara- ‘‘(b) DEFINITIONS.—For purposes of this sec- (ii) by adding at the end the following new graph (C), the coverage offered that is the tion— subparagraph: most prevalent coverage option (as deter- ‘‘(1) QUALIFIED CONTINUATION HEALTH COV- ‘‘(E) SPECIAL RULE FOR QUALIFYING RETIR- mined under regulations of the Secretary of ERAGE PREMIUMS.—The term ‘qualified con- EES AND DEPENDENTS.—In the case of a quali- Labor) continued under the group health tinuation health coverage premiums’ means, fying event described in subsection (f)(3)(G), plan (or, if none, under the most prevalent for any period, premiums paid for continu- the term ‘qualified beneficiary’ means a other plan offered by the same plan sponsor) ation coverage (as defined in section 4980B(f)) qualified retiree and any other individual shall be treated as the coverage described in under a group health plan for such period but who, on the day before such qualifying event, such sentence, or (at the option of the plan only if failure to offer such coverage to the is a beneficiary under the plan on the basis and qualified beneficiary) such other cov- taxpayer for such period would constitute a of the individual’s relationship to such quali- erage option as may be offered and elected failure by such health plan to meet the re- fied retiree.’’; and by the qualified beneficiary involved.’’. quirements of section 4980B(f) and only if the (B) by adding at the end the following new (d) INCREASED LEVEL OF PREMIUMS PER- continuation coverage is provided because of paragraphs: MITTED.—Section 4980B(f)(2)(C) of such Code a qualifying event described in section ‘‘(5) QUALIFIED RETIREE.—The term ‘quali- is amended by adding at the end the fol- 4980B(f)(3)(G). fied retiree’ means, with respect to a quali- lowing new sentence: ‘‘In the case of an indi- ‘‘(2) MEDICARE BUY-IN COVERAGE PRE- fying event described in subsection (f)(3)(G), vidual provided continuation coverage by MIUMS.—The term ‘medicare buy-in coverage a covered employee who, at the time of the reason of a qualifying event described in premiums’ means premiums paid under part event— paragraph (3)(G), any reference in clause (i) D of title XVIII of the Social Security Act.’’ ‘‘(A) has attained 55 years of age; and of this subparagraph to ‘102 percent of the (b) CLERICAL AMENDMENT.—The table of ‘‘(B) was receiving group health coverage applicable premium’ is deemed a reference to sections for subpart A of part IV of sub- under the plan by reason of the retirement of ‘125 percent of the applicable premium for chapter A of chapter 1 of such Code is the covered employee. employed individuals (and their dependents, amended by inserting after the item relating ‘‘(6) SUBSTANTIAL REDUCTION.—The term if applicable) for the coverage option re- to section 25A the following new item: ‘substantial reduction’— ferred to in subparagraph (A)(ii)’.’’. ‘‘Sec. 25B. Medicare buy-in premiums and ‘‘(A) means, as determined under regula- (e) NOTICE.—Section 4980B(f)(6) of such certain COBRA continuation tions of the Secretary of Labor and with re- Code is amended— coverage premiums.’’

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7552 CONGRESSIONAL RECORD — SENATE July 25, 2000 (c) EFFECTIVE DATE.—The amendments The number of near-elderly who are able to provide for housing, health care made by this section shall apply to taxable uninsured is growing every year. Relief and education for their members and to years beginning after December 31, 2001. of this kind was originally proposed by generate hundreds of thousands of jobs Mr. KENNEDY. Mr. President, too President Clinton, and it deserves for Indians and non-Indians alike. many Americans nearing age 65 face a broad bipartisan support. The health The legislation I am introducing crisis in health care. They are too and financial consequences of the lack today is not intended and should not be young for Medicare, and unable to ob- of insurance are significant—especially viewed as a comprehensive attempt to tain private coverage they can afford. for the near-elderly. These Americans remedy all matters that have arisen in Often, they are victims of corporate need and deserve the help that this bill the past 12 years. Rather, this bill down-sizing, or of a company’s decision provides. We intend to do all we can to takes aim at very specific items. to cancel its health insurance. These see that this proposal is enacted as 1. With regard to gaming fees as- Americans have been left out and left soon as possible. sessed against tribal operations, this behind through no fault of their own— bill will require the Federal National often after decades of loyal work—and By Mr. CAMPBELL: Indian Gaming Commission to levy it is time for Congress to provide a S. 2919. A bill to amend the Omnibus fees that are reasonably related to the helping hand. Parks and Public Lands Management duties of and services provided by the Almost three and a half million Act of 1996 to extend the legislative au- Commission to tribes, and in certain Americans ages 55 to 64 have no health thority for the Black Patriots Founda- instances to reduce the level of fees insurance today, including more than tion to establish a commemorative payable by those operations; 60,000 in Massachusetts. Many of these work; to the Committee on Energy and 2. It establishes a Trust Fund for Americans have serious health prob- Natural Resources. such fees that can only be tapped for lems that threaten to destroy the sav- BLACK PATRIOTS FOUNDATION LEGISLATION the specific activities of the Commis- ings of a lifetime and that prevent Mr. CAMPBELL. Mr. President, I ask sion mandated by the IGRA; them from finding or keeping a job. unanimous consent that the text of the 3. It provides statutory authority for Even those without significant health bill be printed in the RECORD. the Commission to establish through a problems know that a serious illness There being no objection, the bill was negotiated rule-making process, Min- could wipe out their savings. ordered to be printed in the RECORD, as imum Standards for the conduct of Even those with good coverage today follows: tribal gaming, acknowledging that for can’t be certain it will be there tomor- S. 2919 class III gaming the standards are to be row. No one nearing retirement can be Be it enacted by the Senate and House of Rep- determined by the tribe and the state confident that the health insurance resentatives of the United States of America in through negotiated gaming compacts; they have now will protect them until Congress assembled, 4. It authorizes technical assistance they qualify for Medicare at 65. SECTION 1. BLACK REVOLUTIONARY WAR PATRI- to tribes for a number of purposes in- The health and financial well-being OTS MEMORIAL. cluding strengthening tribal regulatory Section 506 of the Omnibus Parks and Pub- of these near-elderly are often at risk regimes; assessing the feasibility of because of the serious gaps in our lic Lands Management Act of 1996 (40 U.S.C. 1003 note; 110 Stat. 4155) is amended by strik- non-gaming economic development ac- health care system. Those without cov- ing ‘‘2000’’ and inserting ‘‘2002’’. tivities on Indian lands; providing erage are twice as likely to be in fair or treatment services for problem gam- poor health than persons with cov- By Mr. CAMPBELL: blers; and for other purposes not incon- erage. They are four times as likely S. 2920. A bill to amend the Indian sistent with the IGRA; not to receive a recommended medical Gaming Regulatory Act, and for other 5. It launches a negotiated rule- test or treatment, and five times as purposes; to the Committee on Indian making to eventually clarify the cur- likely to forego needed medical care Affairs. rent conflict between the IGRA and when they are sick. INDIAN GAMING REGULATORY IMPROVEMENT ACT other Federal law with regard to the The bill that Senators ROCKEFELLER, OF 2000 classification of certain games con- DASCHLE, and I are introducing today Mr. CAMPBELL. Mr. President today ducted by tribes; and is a lifeline for these Americans. It is a I am pleased to introduce the Indian 6. Last, to bring the Commission in constructive step toward the day when Gaming Regulatory Improvement Act line with all other Federal agencies it every American will be guaranteed the of 2000 to make specific and what I feel specifically subjects the Commission to fundamental right to health care. It are needed changes to the Indian Gam- the reporting and other requirements will enable uninsured Americans ages ing Regulatory Act of 1988, 25 U.S.C. of the Federal Government Perform- 62 to 65 to buy into Medicare by paying § 2701, et seq. (‘‘IGRA’’). ance and Results Act. monthly premiums. It will also enable The IGRA was signed into law in 1988 Mr. President, while there are other those ages 55 to 61 who lose their jobs with two broad goals in mind: First, to matters that Indian tribes and others to buy in. In addition, it will help retir- provide for the continued economic op- wish to address that are not included ees ages 55 and older whose health in- portunities tribal gaming presents to in this bill, I am hopeful that people of surance is terminated by their employ- Indian tribes, and second, to provide a good will find this legislation to be ap- ers by extending COBRA. regulatory framework for tribal gam- propriate, reasonable and targeted to Finally, tax credits equal to 25% of ing to ensure the integrity of such specific issues that he arisen in the the premium will be available for en- gaming for the benefit of tribes as well part 12 years. rollees in all three programs to help as customers of tribal gaming oper- It is my hope that we can debate and them afford to buy into the programs. ations. discuss the bill in Committee to get The estimated cost of the tax credits is In 1988, tribal gaming was a relative the views of affected parties and iron $8.4 billion over the next ten years. new activity and in 12 years tribal out whatever differences there may be. In the past, opponents have used gaming gross revenues have grown I ask unanimous consent that a copy scare tactics to claim that these pro- from $500 million to $8.26 billion. By of the legislation be printed in the posals pose a threat to Medicare. They statute these revenues are spent by RECORD. I thank the Chair and I yield are nothing of the kind. There is no ad- tribal governments on physical infra- the floor. ditional burden of Medicare as a result structure, general welfare and the bet- There being no objection, the bill was of this legislation. The tax credits are terment of Indian and surrounding ordered to be printed in the RECORD, as paid for by general treasury funds. The non-Indian communities. follows: Medicare costs are paid for through en- For the 198 tribes that now conduct S. 2920 rollee premiums. The existing Medi- some form of gaming the economic Be it enacted by the Senate and House of Rep- care Trust Fund is protected by placing benefits for the tribes as well as sur- resentatives of the United States in Congress as- the programs in their own trust fund. rounding communities cannot be ig- sembled, The Medicare Trustees will monitor nored. For these communities collec- SECTION 1. SHORT TITLE. the program to ensure that it is self-fi- tively, unemployment has dropped and This Act may be cited as the ‘‘Indian Gam- nancing. tribes who operate gaming have been ing Regulatory Improvement Act of 2000’’.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7553 SEC. 2. AMENDMENTS TO THE INDIAN GAMING this section, the Commission may provide the Secretary of the Treasury shall withdraw REGULATORY ACT. for a reduction in the amount of fees that amounts from the Trust Fund and transfer The Indian Gaming Regulatory Act (25 otherwise would be collected on the basis of such amounts to the Commission for use in U.S.C. 2701 et seq.) is amended— the following factors: accordance with paragraph (1). (1) in section 7 (25 U.S.C. 2706)— ‘‘(A) The extent of the regulation of the ‘‘(f) LIMITATION ON TRANSFERS AND WITH- (A) in subsection (c)— gaming activity involved by a State or In- DRAWALS.—Except as provided in subsection (i) in paragraph (3), by striking ‘‘and’’ at dian tribe (or both). (e)(2), the Secretary of the Treasury may not the end thereof; ‘‘(B) The extent of self-regulating activi- transfer or withdraw any amount deposited (ii) by redesignating paragraph (4) as para- ties, as defined by this Act, conducted by the under subsection (c). graph (5); and Indian tribe. ‘‘SEC. 23. MINIMUM STANDARDS. (iii) by inserting after paragraph (3), the ‘‘(C) Other factors determined by the Com- ‘‘(a) CLASS I GAMING.—Notwithstanding following: mission, including any other provision of law, class I gaming on ‘‘(4) performance plans created under sub- ‘‘(i) the unique nature of tribal gaming as Indiana lands shall be within the exclusive section (d), including copies of such plans; compared to commercial gaming, other gov- jurisdiction of the Indian tribes and shall not and’’; and ernmental gaming, and charitable gaming; be subject to the provisions of this Act. (B) by adding at the end the following: ‘‘(ii) the broad variations in the nature, ‘‘(b) CLASS II GAMING.—Effective on the ‘‘(d) PERFORMANCE PLANS.—The Commis- scale, and size of tribal gaming activity; sion shall be subject to the requirements of ‘‘(iii) the inherent sovereign rights of In- date of enactment of this section, an Indian section 306 of title 5, United States Code, and dian tribes with respect to regulating the af- tribe shall retain the rights of that Indian sections 1115 and 1116 of title 31, United fairs of Indian tribes; tribe, with respect to class II gaming and in States Code (as added by the Government ‘‘(iv) the findings and purposes under sec- a manner that meets or exceeds the min- Performance and Results Act (Public Law tions 2 and 3; and imum Federal standards established under 130–62)). Not later than 1 year after the date ‘‘(v) any other matter that is consistent section 11, to— of enactment of the Indian Gaming Regu- with the purposes under section 3. ‘‘(1) monitor and regulate that gaming; latory Improvement Act of 2000, the Commis- ‘‘(4) Consultation.—In establishing a sched- ‘‘(2) conduct background investigations; sion shall prepare and submit the initial ule of fees under this section, the Commis- and ‘‘(3) establish and regulate internal control strategic plan required under such section sion shall consult with Indian tribes. systems. 306 to the Director of the Office of Manage- ‘‘(c) TRUST FUND.— ‘‘(c) CLASS III GAMING UNDER A COMPACT.— ment and Budget.’’; ‘‘(1) ESTABLISHMENT.—There is established (2) in section 11(b)(2)(F)(i) (25 U.S.C. in the Treasury of the United States a fund With respect to class III gaming that is con- 2710(b)(2)(F)(i)), by striking ‘‘primary man- to be known as the Indian Gaming Trust ducted under a compact entered into under agement’’ and all that follows through ‘‘such Fund (referred to in this subsection as the this Act, an Indian tribe or a State (or both), officials’’ and inserting ‘‘tribal gaming com- ‘Trust Fund’), consisting of such amounts as as provided for in such a compact or a re- missioners, tribal gaming commission em- are— lated tribal ordinance or resolution shall, in ployees, and primary management officials ‘‘(A) transferred to the Trust Fund under a manner that meets or exceeds the min- and key employees of the gaming enterprise paragraph (2)(A); imum Federal standards established by the ‘‘(B) appropriated to the Trust Fund; and and that oversight of primary management Commission under section 11— ‘‘(C) any interest earned on the investment officials and key employees’’; ‘‘(1) monitor and regulate that gaming; of amounts in the Trust Fund under sub- (3) by redesignating section 22 (25) U.S.C. ‘‘(2) conduct background investigations; section (d). 2721) as section 26; and and ‘‘(2) TRANSFER OF AMOUNTS EQUIVALENT TO (4) by inserting after section 21 (25 U.S.C. ‘‘(3) establish and regulate internal control FEES.— 2720) the following: systems. ‘‘(A) IN GENERAL.—The Secretary of the ‘‘(d) RULEMAKING.—The Commission may ‘‘SEC. 22 FEE ASSESSMENTS. Treasury shall transfer to the Trust Fund an promulgate such regulations as may be nec- ‘‘(a) ESTABLISHMENT OF SCHEDULE OF amount equal to the aggregate amount of essary to carry out this section. FEES.— fees collected under this section. ‘‘SEC. 24. USE OF NATIONAL INDIAN GAMING ‘‘(1) IN GENERAL.—Except as provided in ‘‘(B) Transfers based on estimates.—The COMMISSION CIVIL FINES. this section, the Commission shall establish amounts required to be transferred to the ‘‘(a) USE OF FUNDS.—The Secretary may a schedule of fees to be paid annually to the Trust Fund under subparagraph (A) shall be Commission by each gaming operation that provide grants and technical assistance to transferred not less frequently than quar- Indian tribes from any funds secured by the conducts a class II or class III gaming activ- terly from the general fund of the Treasury ity that is regulated by this Act. Commission pursuant to section 14, which to the Trust Fund on the basis of estimates funds shall be made available only for the ‘‘(2) RATES.—The rate of fees under the made by the Secretary of the Treasury. following purposes: schedule established under paragraph (1) Proper adjustment shall be made in amounts that are imposed on the gross revenues from ‘‘(1) To provide technical training and subsequently transferred to the extent prior other assistance to Indian tribes to strength- each activity described in such paragraph estimates were in excess of or less than the shall be as follows: en the regulatory integrity of Indian gam- amounts required to be transferred. ing. ‘‘(A) A fee of not more than 2.5 percent ‘‘(d) INVESTMENTS.— ‘‘(2) To provide assistance to Indian tribes shall be imposed on the first $1,500,000 of ‘‘(1) IN GENERAL.—It shall be the duty of to assess the feasibility of non-gaming eco- such gross revenues. the Secretary of the Treasury to invest such nomic development activities on Indian ‘‘(B) A fee of not more than 5 percent shall portion of the Trust Fund as is not, in the lands. be imposed on amounts in excess of the first judgment of the Secretary of the Treasury, ‘‘(3) To provide assistance to Indian tribes $1,500,000 of such gross revenues. required to meet current withdrawals. The to devise and implement programs and treat- ‘‘(3) Total amount.—The total amount of all Secretary of the Treasury shall invest the ment services for individuals diagnosed as fees imposed during any fiscal year under the amounts deposited under subsection (c) only problem gamblers. schedule established under paragraph (1) in interest-bearing obligations of the United ‘‘(4) To provide other forms of assistance to shall not exceed $8,000,000. States or in obligations guaranteed as to Indian tribes not inconsistent with the In- ‘‘(b) COMMISSION AUTHORIZATION.— both principal and interest by the United dian Gaming Regulatory Act. ‘‘(1) IN GENERAL.—By a vote of not less States. ‘‘(b) CONSULTATION.—In carrying out this than 2 members of the Commission the Com- ‘‘(2) SALE OF OBLIGATIONS.—Any obligation mission shall adopt the schedule of fees pro- acquired by the Trust Fund, except special section, the Secretary shall consult with In- vided for under this section. Such fees shall obligations issued exclusively to the Trust dian tribes and any other appropriate tribal be payable to the Commission on a quarterly Fund, may be sold by the Secretary of the or Federal officials. ‘‘(c) REGULATIONS.—The Secretary may basis. Treasury at the market price, and such spe- promulgate such regulations as may be nec- ‘‘(2) FEES ASSESSED FOR SERVICES.—The ag- cial obligations may be redeemed at par plus essary to carry out this section. gregate amount of fees assessed under this accrued interest. section shall be reasonably related to the ‘‘(3) CREDITS TO TRUST FUND.—The interest ‘‘SEC. 25. REGULATIONS. costs of services provided by the Commission on, and proceeds from, the sale or redemp- ‘‘(a) IN GENERAL.— to Indian tribes under this Act (including the tion of, any obligations held in the Trust ‘‘(1) PROMULGATION.—Not later than 90 cost of issuing regulations necessary to Fund shall be credited to and form a part of days after the date of enactment of the In- carry out this Act). In assessing and col- the Trust Fund. dian Gaming Regulatory Improvement Act lecting fees under this section, the Commis- ‘‘(e) EXPENDITURES FROM TRUST FUND.— of 2000, the Secretary shall develop proce- sion shall take into account the duties of, ‘‘(1) IN GENERAL.—Amounts in the Trust dures under subchapter III of chapter 5 of and services provided by, the Commission Fund shall be available to the Commission, title 5, United States Code, to negotiate and under this Act. as provided for in appropriations Acts, for promulgate regulations relating to the clas- ‘‘(3) FACTORS FOR CONSIDERATION.—In mak- carrying out the duties of the Commission sification of games conducted by Indian ing a determination of the amount of fees to under this Act. tribes pursuant to this Act. be assessed for any class II or class III gam- ‘‘(2) WITHDRAWAL AND TRANSFER OF ‘‘(2) PUBLICATION OF PROPOSED REGULA- ing activity under the schedule of fees under FUNDS.—Upon request of the Commission, TIONS.—Not later than 1 year after the date

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7554 CONGRESSIONAL RECORD — SENATE July 25, 2000 of enactment of the Indian Gaming Regu- cational and other fundamental chal- Americans Act of 1965 to extend au- latory Improvement Act of 2000, the Sec- lenges facing tribal communities. thorizations of appropriations for pro- retary shall publish in the Federal Register Companion legislation has been in- grams under the Act, to modernize pro- proposed regulations to implement the troduced in the House with bipartisan grams and services for older individ- amendments made by such Act. uals, and for other purposes. ‘‘(b) COMMITTEE.—A negotiated rulemaking support. In the short time remaining in committee established pursuant to section this Congressional session, I hope that S. 2340 565 of title 5, United States Code, to carry we can proceed with prompt passage of At the request of Mr. BROWNBACK, the out this section shall be composed only of this legislation. name of the Senator from Ohio (Mr. Federal and Indian tribal government rep- I ask unanimous consent to include VOINOVICH) was added as a cosponsor of resentatives, a majority of whom shall be the text of the legislation in the S. 2340, a bill to direct the National In- nominated by and be representative of In- RECORD immediately following my re- stitute of Standards and Technology to dian tribes that conduct gaming pursuant to marks. establish a program to support re- this Act.’’. There being no objection, the bill was search and training in methods of de- SEC. 3. APPLICATION OF GOVERNMENT PER- FORMANCE AND RESULTS ACT. ordered to be printed in the RECORD, as tecting the use of performance-enhanc- Section 306(f) of title 5, United States follows: ing substances by athletes, and for Code, is amended by inserting ‘‘and includes S. 2921 other purposes. the National Indian Gaming Commission,’’ Be it enacted by the Senate and House of Rep- S. 2408 after ‘‘section 105,’’. resentatives of the United States of America in At the request of Mr. BINGAMAN, the Congress assembled, names of the Senator from Iowa (Mr. By Mr. MCCAIN (for himself and SECTION 1. MORRIS K. UDALL SCHOLARSHIP AND HARKIN), the Senator from Massachu- Mr. INOUYE): EXCELLENCE IN NATIONAL ENVI- setts (Mr. KENNEDY), the Senator from S. 2921. A bill to provide for manage- RONMENTAL POLICY FOUNDATION. Ohio (Mr. DEWINE), and the Senator ment and leadership training, the pro- (a) AUTHORITY.—Section 6(7) of the Morris from Indiana (Mr. LUGAR) were added vision of assistance and resources for K. Udall Scholarship and Excellence in Na- as cosponsors of S. 2408, a bill to au- policy analysis, and other appropriate tional Environmental and Native American thorize the President to award a gold Public Policy Act of 1992 (20 U.S.C. 5604(7)) is activities in the training of Native medal on behalf of the Congress to the American and Alaska Native profes- amended by inserting before the semicolon at the end the following: ‘‘, by conducting Navajo Code Talkers in recognition of sionals in health care and public pol- management and leadership training of Na- their contributions to the Nation. icy; to the Committee on Environment tive Americans, Alaska Natives, and others S. 2610 and Public Works. involved in tribal leadership, providing as- At the request of Mr. HARKIN, the LEGISLATION EXPANDING THE UDALL sistance and resources for policy analysis, names of the Senator from Minnesota FOUNDATION MISSION and carrying out other appropriate activi- (Mr. GRAMS) and the Senator from ties.’’. Mr. MCCAIN. Mr. President, I rise to Vermont (Mr. LEAHY) were added as co- introduce legislation that will amend (b) ADMINISTRATIVE PROVISIONS.—Section 12(b) of the Morris K. Udall Scholarship and sponsors of S. 2610, a bill to amend title the Morris K. Udall Scholarship and Excellence in National Environmental and XVIII of the Social Security Act to im- Excellence in National Environmental Native American Public Policy Act of 1992 prove the provision of items and serv- and Native America Public Policy Act (20 U.S.C. 5608(b)) is amended by inserting be- ices provided to medicare beneficiaries of 1992 to expand opportunities for the fore the period at the end the following: ‘‘and residing in rural areas. Morris K. Udall Foundation to assist to the activities of the Foundation under S. 2644 tribal governments with leadership and section 6(7)’’. At the request of Mr. GORTON, the management training. I am pleased (c) AUTHORIZATION OF APPROPRIATIONS.— name of the Senator from Montana Section 13 of the Morris K. Udall Scholarship that Senator INOUYE is an original co- and Excellence in National Environmental (Mr. BAUCUS) was added as a cosponsor sponsor of this legislation. and Native American Public Policy Act of of S. 2644, a bill to amend title XVIII of This legislation is mostly technical 1992 (20 U.S.C. 5609) is amended by adding at the Social Security Act to expand in nature. It extends the authority of the end the following: medicare coverage of certain self-in- the Udall Foundation, located at the ‘‘(c) TRAINING OF PROFESSIONALS IN HEALTH jected biologicals. University of Arizona in Tucson, to im- CARE AND PUBLIC POLICY.—There is author- S. 2698 plement a leadership and management ized to be appropriated to carry out section At the request of Mr. MOYNIHAN, the training program, to be called the ‘‘Na- 6(7) $12,300,000 for the 5-year period beginning names of the Senator from Indiana tive Nations Institute for Leadership, with the first fiscal year that begins after the date of enactment of this subsection.’’. (Mr. BAYH) and the Senator from North Management and Policy.’’ Dakota (Mr. DORGAN) were added as co- The 1992 Act which created the Udall f sponsors of S. 2698, a bill to amend the Foundation is already authorized to ADDITIONAL COSPONSORS Internal Revenue Code of 1986 to pro- implement programs to assist tribal S. 74 vide an incentive to ensure that all governments with training for Native Americans gain timely and equitable At the request of Mr. DASCHLE, the American and Alaska Native profes- access to the Internet over current and name of the Senator from Michigan sionals in public policy. This legisla- future generations of broadband capa- (Mr. LEVIN) was added as a cosponsor of tion simply authorizes the Udall Foun- bility. S. 74, a bill to amend the Fair Labor dation to carry out another step in its Standards Act of 1938 to provide more S. 2714 mission. effective remedies to victims of dis- At the request of Mrs. LINCOLN, the The Native Nations Institute will crimination in the payment of wages name of the Senator from California provide practical leadership and man- (Mrs. FEINSTEIN) was added as a co- on the basis of sex, and for other pur- agement training as well as policy sponsor of S. 2714, a bill to amend the poses. analysis, in a variety of fields, for na- Internal Revenue Code of 1986 to pro- tive people and communities to further S. 1016 vide a higher purchase price limitation the goals of tribal self-governance. The At the request of Mr. DEWINE, the applicable to mortgage subsidy bonds Native Nations Institute will facilitate names of the Senator from Iowa (Mr. based on median family income. this training through a unique partner- HARKIN) and the Senator from Rhode S. 2726 ship between the University of Arizona, Island (Mr. REED) were added as co- At the request of Mr. HELMS, the the Udall Foundation and the Harvard sponsors of S. 1016, a bill to provide col- name of the Senator from New Hamp- Project on American Indian Economic lective bargaining for rights for public shire (Mr. SMITH) was added as a co- Development. safety officers employed by States or sponsor of S. 2726, a bill to protect Mr. President, the Native Nations In- their political subdivisions. United States military personnel and stitute will enable tribal leaders and S. 1536 other elected and appointed officials of decision-makers to access professional At the request of Mr. DEWINE, the the United States Government against leadership and management training to name of the Senator from Vermont criminal prosecution by an inter- prepare current and future tribal lead- (Mr. JEFFORDS) was added as a cospon- national criminal court to which the ers to tackle the socioeconomic, edu- sor of S. 1536, a bill to amend the Older United States is not a party.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7555 S. 2787 and the Senator from Minnesota (Mr. from Illinois (Mr. DURBIN), the Senator At the request of Mr. BIDEN, the WELLSTONE) were added as cosponsors from Hawaii (Mr. AKAKA), the Senator name of the Senator from North Da- of S. Con. Res. 130, concurrent resolu- from Washington (Mrs. MURRAY), the kota (Mr. CONRAD) was added as a co- tion establishing a special task force to Senator from North Dakota (Mr. CON- sponsor of S. 2787, a bill to reauthorize recommend an appropriate recognition RAD), the Senator from Georgia (Mr. the Federal programs to prevent vio- for the slave laborers who worked on CLELAND), and the Senator from Dela- lence against women, and for other the construction of the United States ware (Mr. BIDEN) were added as cospon- purposes. Capitol. sors of S. Res. 334, a resolution express- S. 2793 S. CON. RES. 131 ing appreciation to the people of Oki- At the request of Mr. HOLLINGS, the At the request of Mr. ROTH, the name nawa for hosting United States defense name of the Senator from Georgia (Mr. of the Senator from Delaware (Mr. facilities, commending the Govern- CLELAND) was added as a cosponsor of BIDEN) was added as a cosponsor of S. ment of Japan for choosing Okinawa as S. 2793, a bill to amend the Commu- Con. Res. 131, a concurrent resolution the site for hosting the summit meet- nications Act of 1934 to strengthen the commemorating the 20th anniversary ing of the G–8 countries, and for other limitation on holding and transfer of of the workers’ strikes in Poland that purposes. broadcast licenses to foreign persons, lead to the creation of the independent AMENDMENT NO. 3459 and to apply a similar limitation to trade union Solidarnose, and for other At the request of Mr. DODD, the holding and transfer of other tele- purposes. names of the Senator from Pennsyl- communications media by or to foreign S.J. RES. 50 vania (Mr. SANTORUM), the Senator governments. At the request of Mr. CRAPO, the from North Dakota (Mr. CONRAD), the S. 2800 name of the Senator from Minnesota Senator from Vermont (Mr. LEAHY), At the request of Mr. LAUTENBERG, (Mr. GRAMS) was added as a cosponsor the Senator from Wisconsin (Mr. the name of the Senator from Con- of S.J. Res. 50, a joint resolution to dis- KOHL), the Senator from Wisconsin necticut (Mr. LIEBERMAN) was added as approve a final rule promulgated by (Mr. FEINGOLD), the Senator from Con- a cosponsor of S. 2800, a bill to require the Environmental Protection Agency necticut (Mr. LIEBERMAN), and the Sen- the Administrator of the Environ- concerning water pollution. ator from West Virginia (Mr. BYRD) mental Protection Agency to establish S. RES. 278 were added as cosponsors of amend- an integrated environmental reporting At the request of Mr. KERREY, the ment No. 3459 proposed to S. 2549, an system. names of the Senator from Utah (Mr. original bill to authorize appropria- S. 2872 BENNETT), the Senator from New York tions for fiscal year 2001 for military (Mr. MOYNIHAN), the Senator from New activities of the Department of De- At the request of Mr. CAMPBELL, the name of the Senator from South Da- York (Mr. SCHUMER), the Senator from fense, for military construction, and Massachusetts (Mr. KERRY), the Sen- for defense activities of the Depart- kota (Mr. JOHNSON) was added as a co- sponsor of S. 2872, a bill to improve the ator from Georgia (Mr. CLELAND), the ment of Energy, to prescribe personnel cause of action for misrepresentation Senator from Oklahoma (Mr. INHOFE), strengths for such fiscal year for the of Indian arts and crafts. the Senator from Hawaii (Mr. INOUYE), Armed Forces, and for other purposes. the Senator from Hawaii (Mr. AKAKA), S. 2878 f the Senator from Mississippi (Mr. At the request of Mr. SMITH of New SENATE RESOLUTION 342—A RESO- COCHRAN), the Senator from Pennsyl- Hampshire, the name of the Senator LUTION DESIGNATING THE WEEK vania (Mr. SPECTER), and the Senator from New Hampshire (Mr. GREGG) was BEGINNING SEPTEMBER 17, 2000, from Massachusetts (Mr. KENNEDY) added as a cosponsor of S. 2878, a bill to were added as cosponsors of S. Res. 278, AS ‘‘NATIONAL HISTORICALLY commemorate the centennial of the es- a resolution commending Ernest Bur- BLACK COLLEGES AND UNIVER- tablishment of the first national wild- gess, M.D., for his service to the Nation SITIES WEEK’’ life refuge in the United States on and international community. Mr. THURMOND submitted the fol- March 14, 1903, and for other purposes. S. RES. 301 lowing resolution; which was referred S. 2887 At the request of Mr. THURMOND, the to the Committee on the Judiciary: At the request of Mr. GRASSLEY, the name of the Senator from Nebraska S. RES. 342 name of the Senator from North Caro- (Mr. KERREY) was added as a cosponsor Whereas there are 105 historically black lina (Mr. EDWARDS) was added as a co- of S. Res. 301, a resolution designating colleges and universities in the United sponsor of S. 2887, a bill to amend the August 16, 2000, as ‘‘National Airborne States; Internal Revenue Code of 1986 to ex- Day.’’ Whereas black colleges and universities provide the quality education so essential to clude from gross income amounts re- S. RES. 304 ceived on account of claims based on full participation in a complex, highly tech- At the request of Mr. BIDEN, the nological society; certain unlawful discrimination and to names of the Senator from Nevada (Mr. allow income averaging for backpay Whereas black colleges and universities BRYAN), the Senator from Rhode Island have a rich heritage and have played a and frontpay awards received on ac- (Mr. L. CHAFEE), the Senator from prominent role in American history; count of such claims, and for other pur- Florida (Mr. GRAHAM), the Senator Whereas black colleges and universities poses. from South Carolina (Mr. HOLLINGS), have allowed many underprivileged students S. CON. RES. 117 the Senator from Oklahoma (Mr. to attain their full potential through higher education; and At the request of Mr. ROTH, the name INHOFE), the Senator from Hawaii (Mr. Whereas the achievements and goals of his- of the Senator from Iowa (Mr. HARKIN) INOUYE), and the Senator from Con- torically black colleges and universities are was added as a cosponsor of S. Con. necticut (Mr. DODD) were added as co- deserving of national recognition: Now, Res. 117, a concurrent resolution com- sponsors of S. Res. 304, a resolution ex- therefore, be it mending the Republic of Slovenia for pressing the sense of the Senate re- Resolved, That the Senate— its partnership with the United States garding the development of edu- (1) designates the week beginning Sep- and NATO, and expressing the sense of cational programs on veterans’ con- tember 17, 2000, as ‘‘National Historically Congress that Slovenia’s accession to tributions to the country and the des- Black Colleges and Universities Week’’; and NATO would enhance NATO’s security, ignation of the week that includes Vet- (2) requests that the President issue a and for other purposes. proclamation calling on the people of the erans Day as ‘‘National Veterans United States and interested groups to ob- S. CON. RES. 130 Awareness Week’’ for the presentation serve the week with appropriate ceremonies, At the request of Mrs. LINCOLN, the of such educational programs. activities, and programs to demonstrate sup- names of the Senator from Oklahoma S. RES. 334 port for historically black colleges and uni- (Mr. NICKLES), the Senator from Con- At the request of Mr. INOUYE, the versities. necticut (Mr. DODD), the Senator from names of the Senator from Wyoming Mr. THURMOND. Mr. President, I am North Carolina (Mr. EDWARDS), the (Mr. THOMAS), the Senator from Wis- pleased to rise today to introduce a Senator from Wisconsin (Mr. KOHL), consin (Mr. FEINGOLD), the Senator Senate resolution which authorizes and

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7556 CONGRESSIONAL RECORD — SENATE July 25, 2000 requests the President to designate the sources be authorized to meet during sight of the Committee on Finance be week beginning September 17, 2000, as the session of the Senate on Tuesday, authorized to meet during the session ‘‘National Historically Black Colleges July 25, for purposes of conducting a of the Senate on Tuesday, July 25, 2000, and Universities Week.’’ full committee business meeting which for a public hearing on Federal income It is my privilege to sponsor this leg- is scheduled to begin at 9 a.m. tax issues relating to proposals to en- islation for the 15th time honoring the The PRESIDING OFFICER. Without courage the creation of public open historically black colleges of our coun- objection, it is so ordered. spaces in urban areas and the preserva- try. COMMITTEE ON ENVIRONMENT AND PUBLIC tion of farm and other rural lands for Eight of the 105 historically black WORKS conservation purposes. colleges, namely Allen University, Mr. GRAMS. Mr. President, I ask The PRESIDING OFFICER. Without Benedict College, Claflin College, unanimous consent that the Com- objection, it is so ordered. South Carolina State University, Mor- mittee on Environment and Public f ris College, Voorhees College, Denmark Works be authorized to meet during Technical College, and Clinton Junior the session of the Senate on Tuesday, PRIVILEGE OF THE FLOOR College, are located in my home State. July 25, at 9:30 a.m., hearing room (SD– Mr. WELLSTONE. Mr. President, I These colleges are vital to the higher 406), to receive testimony on the dis- ask unanimous consent that the privi- education system of South Carolina. posal of low activity radioactive waste. lege of the floor be granted for the The PRESIDING OFFICER. Without They have provided thousands of young remainder of today to the following people with the opportunity to obtain a objection, it is so ordered. interns in Senator JOHNSON’s office: college education. COMMITTEE ON FOREIGN RELATIONS Terry Garcia, Brad Mollet, Leif Mr. President, these institutions Mr. GRAMS. Mr. President, I ask Oveson, Anna Turner, and Katy have a long and distinguished history unanimous consent that the Com- Ziegler. of providing the training necessary for mittee on Foreign Relations be author- The PRESIDING OFFICER. Without participation in a rapidly changing so- ized to meet during the session of the objection, it is so ordered. ciety. Historically black colleges offer Senate on Tuesday, July 25, 2000, at 9:30 our citizens a variety of curricula and a.m., and 3 p.m. to hold two hearings. f programs through which young people The PRESIDING OFFICER. Without AGRICULTURE, RURAL DEVELOP- develop skills and talents, thereby ex- objection, it is so ordered. MENT, FOOD AND DRUG ADMIN- panding opportunities for a lifetime of COMMITTEE ON HEALTH, EDUCATION, LABOR, ISTRATION, AND RELATED achievement. AND PENSIONS AGENCIES APPROPRIATIONS Mr. President, through passage of Mr. GRAMS. Mr. President, I ask ACT, 2001 this Senate resolution, Congress can unanimous consent that the Com- reaffirm its support for historically mittee on Health, Education, Labor, On July 20, 2000, the Senate amended black colleges, and appropriately rec- and Pensions be authorized to meet for and passed H.R. 4461, as follows: ognize their important contributions a hearing on public safety officers’ col- Resolved, That the bill from the House of to our Nation. I look forward to the lective bargaining during the session of Representatives (H.R. 4461) entitled ‘‘An Act speedy passage of this resolution. the Senate on Tuesday, July 25, 2000, at making appropriations for Agriculture, Rural Development, Food and Drug Adminis- f 9:30 a.m. tration, and Related Agencies programs for The PRESIDING OFFICER. Without the fiscal year ending September 30, 2001, and AUTHORITY FOR COMMITTEES TO objection, it is so ordered. MEET for other purposes.’’, do pass with the fol- COMMITTEE ON INDIAN AFFAIRS lowing amendment: COMMITTEE ON ARMED SERVICES Mr. GRAMS. Mr. President, I ask Strike out all after the enacting clause and Mr. GRAMS. Mr. President, I ask unanimous consent that the Com- insert: unanimous consent that the Com- mittee on Indian Affairs be authorized DIVISION A mittee on Armed Services be author- to meet on Tuesday, July 25, 2000 at That the following sums are appropriated, out ized to meet during the session of the 10:00 a.m., in room 485 of the Russell of any money in the Treasury not otherwise ap- Senate on Tuesday, July 25, 2000, at 9:30 Senate Building to conduct an over- propriated, for Agriculture, Rural Development, a.m., in open session to receive testi- sight hearing on the Native American Food and Drug Administration, and Related mony on the National Missile Defense Agencies programs for the fiscal year ending Graves Protection and Repatriation September 30, 2001, and for other purposes, Program. Act. namely: The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without TITLE I objection, it is so ordered. objection, it is so ordered. AGRICULTURAL PROGRAMS COMMITTEE ON COMMERCE, SCIENCE, AND COMMITTEE ON THE JUDICIARY PRODUCTION, PROCESSING, AND MARKETING TRANSPORTATION Mr. GRAMS. Mr. President, I ask Mr. GRAMS. Mr. President, I ask unanimous consent that the Com- OFFICE OF THE SECRETARY unanimous consent that the Com- mittee on the Judiciary be authorized (INCLUDING TRANSFERS OF FUNDS) mittee on Commerce, Science, and to meet to conduct a hearing on Tues- For necessary expenses of the Office of the Transportation be authorized to meet day, July 25, 2000, at 2 p.m., in SD226. Secretary of Agriculture, and not to exceed Tuesday, July 25, 2000, at 2:15 p.m., on $75,000 for employment under 5 U.S.C. 3109, The PRESIDING OFFICER. Without $27,914,000, of which, $25,000,000, to remain pilot shortage. objection, it is so ordered. available until expended, shall be available only The PRESIDING OFFICER. Without SUBCOMMITTEE ON SOCIAL SECURITY AND for the development and implementation of a objection, it is so ordered. FAMILY POLICY common computing environment: Provided, That COMMITTEE ON COMMERCE, SCIENCE, AND Mr. GRAMS. Mr. President, I ask not to exceed $11,000 of this amount shall be TRANSPORTATION unanimous consent that the Sub- available for official reception and representa- Mr. GRAMS. Mr. President, I ask committee on Social Security and tion expenses, not otherwise provided for, as de- unanimous consent that the Com- termined by the Secretary: Provided further, Family Policy of the Committee on Fi- That the funds made available for the develop- mittee on Commerce, Science, and nance be authorized to meet during the ment and implementation of a common com- Transportation be authorized to meet session of the Senate on Tuesday, July puting environment shall only be available upon on Tuesday, July 25, 2000, at 9:30 a.m., 25, 2000, for a public hearing on father- prior notice to the Committee on Appropriations on S. 1941—Fire Act. hood initiatives. of both Houses of Congress: Provided further, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without That none of the funds appropriated or other- objection, it is so ordered. objection, it is so ordered. wise made available by this Act may be used to pay the salaries and expenses of personnel of COMMITTEE ON ENERGY AND NATURAL SUBCOMMITTEE ON TAXATION AND IRS the Department of Agriculture to carry out sec- RESOURCES OVERSIGHT tion 793(c)(1)(C) of Public Law 104–127: Provided Mr. GRAMS. Mr. President, I ask Mr. GRAMS. Mr. President, I ask further, That none of the funds made available unanimous consent that the Com- unanimous consent that the Sub- by this Act may be used to enforce section 793(d) mittee on Energy and Natural Re- committee on Taxation and IRS Over- of Public Law 104–127.

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EXECUTIVE OPERATIONS be transferred to any agency of the Department search Service, the National Agricultural Statis- CHIEF ECONOMIST for its use in meeting all requirements pursuant tics Service, the Agricultural Research Service, For necessary expenses of the Chief Econo- to the above Acts on Federal and non-Federal and the Cooperative State Research, Education, mist, including economic analysis, risk assess- lands. and Extension Service, $556,000. ment, cost-benefit analysis, energy and new DEPARTMENTAL ADMINISTRATION ECONOMIC RESEARCH SERVICE uses, and the functions of the World Agricul- (INCLUDING TRANSFERS OF FUNDS) (INCLUDING TRANSFER OF FUNDS) tural Outlook Board, as authorized by the Agri- For Departmental Administration, $36,840,000, For necessary expenses of the Economic Re- cultural Marketing Act of 1946 (7 U.S.C. 1622g), to provide for necessary expenses for manage- search Service in conducting economic research and including employment pursuant to the sec- ment support services to offices of the Depart- and analysis, as authorized by the Agricultural ond sentence of section 706(a) of the Organic ment and for general administration and dis- Marketing Act of 1946 (7 U.S.C. 1621–1627) and Act of 1944 (7 U.S.C. 2225), of which not to ex- aster management of the Department, repairs other laws, $67,038,000: Provided, That ceed $5,000 is for employment under 5 U.S.C. and alterations, and other miscellaneous sup- $1,500,000 shall be transferred to and merged 3109, $7,462,000. plies and expenses not otherwise provided for with the appropriation for ‘‘Food and Nutrition NATIONAL APPEALS DIVISION and necessary for the practical and efficient Service, Food Program Administration’’ for For necessary expenses of the National Ap- work of the Department, including employment studies and evaluations: Provided further, That peals Division, including employment pursuant pursuant to the second sentence of section not more than $500,000 of the amount trans- to the second sentence of section 706(a) of the 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), ferred under the preceding proviso shall be Organic Act of 1944 (7 U.S.C. 2225), of which not of which not to exceed $10,000 is for employment available to conduct, not later than 180 days to exceed $25,000 is for employment under 5 under 5 U.S.C. 3109: Provided, That this appro- after the date of enactment of this Act, a study, U.S.C. 3109, $12,421,000. priation shall be reimbursed from applicable ap- based on all available administrative data and OFFICE OF BUDGET AND PROGRAM ANALYSIS propriations in this Act for travel expenses inci- onsite inspections conducted by the Secretary of For necessary expenses of the Office of Budget dent to the holding of hearings as required by 5 Agriculture of local food stamp offices in each and Program Analysis, including employment U.S.C. 551–558. State, of (1) any problems that households with pursuant to the second sentence of section OUTREACH FOR SOCIALLY DISADVANTAGED eligible children have experienced in obtaining 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), FARMERS food stamps, and (2) reasons for the decline in of which not to exceed $5,000 is for employment For grants and contracts pursuant to section participation in the food stamp program, and to under 5 U.S.C. 3109, $6,765,000. 2501 of the Food, Agriculture, Conservation, and report the results of the study to the Committee on Agriculture of the House of Representatives OFFICE OF THE CHIEF INFORMATION OFFICER Trade Act of 1990 (7 U.S.C. 2279), $3,000,000, to remain available until expended. and the Committee on Agriculture, Nutrition, For necessary expenses of the Office of the and Forestry of the Senate: Provided further, OFFICE OF THE ASSISTANT SECRETARY FOR Chief Information Officer, including employ- That this appropriation shall be available for CONGRESSIONAL RELATIONS ment pursuant to the second sentence of section employment pursuant to the second sentence of 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), (INCLUDING TRANSFERS OF FUNDS) section 706(a) of the Organic Act of 1944 (7 of which not to exceed $10,000 is for employment For necessary salaries and expenses of the Of- U.S.C. 2225). under 5 U.S.C. 3109, $10,046,000. fice of the Assistant Secretary for Congressional NATIONAL AGRICULTURAL STATISTICS SERVICE Relations to carry out the programs funded by OFFICE OF THE CHIEF FINANCIAL OFFICER For necessary expenses of the National Agri- this Act, including programs involving intergov- For necessary expenses of the Office of the cultural Statistics Service in conducting statis- ernmental affairs and liaison within the execu- Chief Financial Officer, including employment tical reporting and service work, including crop tive branch, $3,568,000: Provided, That no other pursuant to the second sentence of section and livestock estimates, statistical coordination funds appropriated to the Department by this 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and improvements, marketing surveys, and the Act shall be available to the Department for of which not to exceed $10,000 is for employment Census of Agriculture, as authorized by 7 U.S.C. support of activities of congressional relations: under 5 U.S.C. 3109, $5,171,000: Provided, That 1621–1627, Public Law 105–113, and other laws, Provided further, That not less than $2,202,000 the Chief Financial Officer shall actively mar- $100,615,000, of which up to $15,000,000 shall be shall be transferred to agencies funded by this ket cross-servicing activities of the National Fi- available until expended for the Census of Agri- Act to maintain personnel at the agency level. nance Center. culture: Provided, That this appropriation shall OFFICE OF THE ASSISTANT SECRETARY FOR OFFICE OF COMMUNICATIONS be available for employment pursuant to the sec- ADMINISTRATION For necessary expenses to carry on services re- ond sentence of section 706(a) of the Organic For necessary salaries and expenses of the Of- lating to the coordination of programs involving Act of 1944 (7 U.S.C. 2225), and not to exceed fice of the Assistant Secretary for Administra- public affairs, for the dissemination of agricul- $40,000 shall be available for employment under tion to carry out the programs funded by this tural information, and the coordination of in- 5 U.S.C. 3109. Act, $629,000. formation, work, and programs authorized by AGRICULTURAL RESEARCH SERVICE Congress in the Department, $8,873,000, includ- AGRICULTURE BUILDINGS AND FACILITIES AND SALARIES AND EXPENSES ing employment pursuant to the second sentence RENTAL PAYMENTS For necessary expenses to enable the Agricul- of section 706(a) of the Organic Act of 1944 (7 tural Research Service to perform agricultural (INCLUDING TRANSFERS OF FUNDS) U.S.C. 2225), of which not to exceed $10,000 shall research and demonstration relating to produc- For payment of space rental and related costs be available for employment under 5 U.S.C. 3109, tion, utilization, marketing, and distribution pursuant to Public Law 92–313, including au- and not to exceed $2,000,000 may be used for (not otherwise provided for); home economics or thorities pursuant to the 1984 delegation of au- farmers’ bulletins. nutrition and consumer use including the acqui- thority from the Administrator of General Serv- OFFICE OF THE INSPECTOR GENERAL ices to the Department of Agriculture under 40 sition, preservation, and dissemination of agri- (INCLUDING TRANSFERS OF FUNDS) U.S.C. 486, for programs and activities of the cultural information; and for acquisition of Department which are included in this Act, and For necessary expenses of the Office of the In- lands by donation, exchange, or purchase at a for the operation, maintenance, improvement, spector General, including employment pursu- nominal cost not to exceed $100, and for land ex- and repair of Agriculture buildings, $182,747,000, ant to the second sentence of section 706(a) of changes where the lands exchanged shall be of to remain available until expended: Provided, the Organic Act of 1944 (7 U.S.C. 2225), and the equal value or shall be equalized by a payment That in the event an agency within the Depart- Inspector General Act of 1978, $66,867,000, in- of money to the grantor which shall not exceed ment should require modification of space needs, cluding such sums as may be necessary for con- 25 percent of the total value of the land or inter- the Secretary of Agriculture may transfer a tracting and other arrangements with public ests transferred out of Federal ownership, share of that agency’s appropriation made agencies and private persons pursuant to sec- $871,593,000: Provided, That appropriations available by this Act to this appropriation, or tion 6(a)(9) of the Inspector General Act of 1978, hereunder shall be available for temporary em- may transfer a share of this appropriation to including not to exceed $50,000 for employment ployment pursuant to the second sentence of that agency’s appropriation, but such transfers under 5 U.S.C. 3109; and including not to exceed section 706(a) of the Organic Act of 1944 (7 shall not exceed 5 percent of the funds made $125,000 for certain confidential operational ex- U.S.C. 2225), and not to exceed $115,000 shall be available for space rental and related costs to or penses, including the payment of informants, to available for employment under 5 U.S.C. 3109: from this account. be expended under the direction of the Inspector Provided further, That appropriations here- General pursuant to Public Law 95–452 and sec- under shall be available for the operation and HAZARDOUS MATERIALS MANAGEMENT tion 1337 of Public Law 97–98. maintenance of aircraft and the purchase of not (INCLUDING TRANSFERS OF FUNDS) OFFICE OF THE GENERAL COUNSEL to exceed one for replacement only: Provided For necessary expenses of the Department of further, That appropriations hereunder shall be For necessary expenses of the Office of the Agriculture, to comply with the Comprehensive available pursuant to 7 U.S.C. 2250 for the con- General Counsel, $31,080,000. Environmental Response, Compensation, and struction, alteration, and repair of buildings Liability Act, 42 U.S.C. 9601, et seq., and the Re- OFFICE OF THE UNDER SECRETARY FOR and improvements, but unless otherwise pro- source Conservation and Recovery Act, 42 RESEARCH, EDUCATION AND ECONOMICS vided, the cost of constructing any one building U.S.C. 6901, et seq., $15,700,000, to remain avail- For necessary salaries and expenses of the Of- shall not exceed $375,000, except for headhouses able until expended: Provided, That appropria- fice of the Under Secretary for Research, Edu- or greenhouses which shall each be limited to tions and funds available herein to the Depart- cation and Economics to administer the laws en- $1,200,000, and except for 10 buildings to be con- ment for Hazardous Materials Management may acted by the Congress for the Economic Re- structed or improved at a cost not to exceed

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7558 CONGRESSIONAL RECORD — SENATE July 25, 2000 $750,000 each, and the cost of altering any one cation grants program for Hispanic-serving In- tronically and Effectively Distributed (FEED) building during the fiscal year shall not exceed stitutions (7 U.S.C. 3241); $3,000,000 for a pro- website demonstration project; and for Federal 10 percent of the current replacement value of gram of noncompetitive grants, to be awarded administration and coordination including ad- the building or $375,000, whichever is greater: on an equal basis, to Alaska Native-serving and ministration of the Smith-Lever Act, and the Act Provided further, That the limitations on alter- Native Hawaiian-serving Institutions to carry of September 29, 1977 (7 U.S.C. 341–349), and sec- ations contained in this Act shall not apply to out higher education programs (7 U.S.C. 3242); tion 1361(c) of the Act of October 3, 1980 (7 modernization or replacement of existing facili- $1,000,000 for a secondary agriculture education U.S.C. 301 note), and to coordinate and provide ties at Beltsville, Maryland: Provided further, program and 2-year post-secondary education (7 program leadership for the extension work of That appropriations hereunder shall be avail- U.S.C. 3152(h)); $4,000,000 for aquaculture the Department and the several States and insu- able for granting easements at the Beltsville Ag- grants (7 U.S.C. 3322); $9,500,000 for sustainable lar possessions, $12,283,000; in all, $427,380,000: ricultural Research Center, including an ease- agriculture research and education (7 U.S.C. Provided, That funds hereby appropriated pur- ment to the University of Maryland to construct 5811); $9,500,000 for a program of capacity build- suant to section 3(c) of the Act of June 26, 1953, the Transgenic Animal Facility which upon ing grants (7 U.S.C. 3152(b)(4)) to colleges eligi- and section 506 of the Act of June 23, 1972, shall completion shall be accepted by the Secretary as ble to receive funds under the Act of August 30, not be paid to any State, the District of Colum- a gift: Provided further, That the foregoing limi- 1890 (7 U.S.C. 321–326 and 328), including bia, Puerto Rico, Guam, or the Virgin Islands, tations shall not apply to replacement of build- Tuskegee University, to remain available until Micronesia, Northern Marianas, and American ings needed to carry out the Act of April 24, 1948 expended (7 U.S.C. 2209b); $1,552,000 for pay- Samoa prior to availability of an equal sum from (21 U.S.C. 113a): Provided further, That funds ments to the 1994 Institutions pursuant to sec- non-Federal sources for expenditure during the may be received from any State, other political tion 534(a)(1) of Public Law 103–382; and current fiscal year. subdivision, organization, or individual for the $16,402,000 for necessary expenses of Research INTEGRATED ACTIVITIES purpose of establishing or operating any re- and Education Activities, of which not to exceed For the integrated research, education, and search facility or research project of the Agri- $100,000 shall be for employment under 5 U.S.C. extension competitive grants programs, includ- cultural Research Service, as authorized by law. 3109; in all, $494,044,000. ing necessary administrative expenses, None of the funds in the foregoing paragraph None of the funds in the foregoing paragraph $43,365,000, as follows: payments for the water shall be available to carry out research related shall be available to carry out research related quality program, $13,000,000; payments for the to the production, processing or marketing of to- to the production, processing or marketing of to- food safety program, $15,000,000; payments for bacco or tobacco products. bacco or tobacco products: Provided, That this the national agriculture pesticide impact assess- In fiscal year 2001, the agency is authorized to paragraph shall not apply to research on the ment program, $4,541,000; payments for the Food charge fees, commensurate with the fair market medical, biotechnological, food, and industrial Quality Protection Act risk mitigation program value, for any permit, easement, lease, or other uses of tobacco. for major food crop systems, $5,824,000; pay- special use authorization for the occupancy or NATIVE AMERICAN INSTITUTIONS ENDOWMENT ments for crops affected by the Food Quality use of land and facilities (including land and FUND Protection Act implementation, $2,000,000; and facilities at the Beltsville Agricultural Research For the Native American institutions endow- payments for the methyl bromide transition pro- Center) issued by the agency, as authorized by ment fund authorized by Public Law 103–382 (7 gram, $3,000,000, as authorized under section 406 law, and such fees shall be credited to this ac- U.S.C. 301 note), $7,100,000: Provided, That of the Agricultural Research, Extension, and count, and shall remain available until ex- hereafter, any distribution of the adjusted in- Education Reform Act of 1998 (7 U.S.C. 7626). pended for authorized purposes. come from the Native American institutions en- OFFICE OF THE UNDER SECRETARY FOR BUILDINGS AND FACILITIES dowment fund is authorized to be used for facil- MARKETING AND REGULATORY PROGRAMS For acquisition of land, construction, repair, ity renovation, repair, construction, and main- For necessary salaries and expenses of the Of- improvement, extension, alteration, and pur- tenance, in addition to other authorized pur- fice of the Under Secretary for Marketing and chase of fixed equipment or facilities as nec- poses. essary to carry out the agricultural research Regulatory Programs to administer programs EXTENSION ACTIVITIES under the laws enacted by the Congress for the programs of the Department of Agriculture, Payments to States, the District of Columbia, where not otherwise provided, $56,330,000, to re- Animal and Plant Health Inspection Service; the Puerto Rico, Guam, the Virgin Islands, Micro- Agricultural Marketing Service; and the Grain main available until expended (7 U.S.C. 2209b): nesia, Northern Marianas, and American Provided, That funds may be received from any Inspection, Packers and Stockyards Administra- Samoa: For payments for cooperative extension tion, $635,000. State, other political subdivision, organization, work under the Smith-Lever Act, to be distrib- ANIMAL AND PLANT HEALTH INSPECTION SERVICE or individual for the purpose of establishing any uted under sections 3(b) and 3(c) of said Act, research facility of the Agricultural Research and under section 208(c) of Public Law 93–471, SALARIES AND EXPENSES Service, as authorized by law. for retirement and employees’ compensation (INCLUDING TRANSFERS OF FUNDS) COOPERATIVE STATE RESEARCH, EDUCATION, AND costs for extension agents and for costs of pen- For expenses, not otherwise provided for, in- EXTENSION SERVICE alty mail for cooperative extension agents and cluding those pursuant to the Act of February RESEARCH AND EDUCATION ACTIVITIES State extension directors, $276,548,000; payments 28, 1947 (21 U.S.C. 114b–c), necessary to prevent, For payments to agricultural experiment sta- for extension work at the 1994 Institutions control, and eradicate pests and plant and ani- tions, for cooperative forestry and other re- under the Smith-Lever Act (7 U.S.C. 343(b)(3)), mal diseases; to carry out inspection, quar- search, for facilities, and for other expenses, in- $3,500,000; payments for the nutrition and fam- antine, and regulatory activities; to discharge cluding $180,545,000 to carry into effect the pro- ily education program for low-income areas the authorities of the Secretary of Agriculture visions of the Hatch Act (7 U.S.C. 361a–i); under section 3(d) of the Act, $58,695,000; pay- under the Act of March 2, 1931 (46 Stat. 1468; 7 $21,932,000 for grants for cooperative forestry re- ments for the pest management program under U.S.C. 426–426b); and to protect the environ- search (16 U.S.C. 582a–a7); $30,676,000 for pay- section 3(d) of the Act, $10,783,000; payments for ment, as authorized by law, $458,149,000, of ments to the 1890 land-grant colleges, including the farm safety program under section 3(d) of which $4,105,000 shall be available for the con- Tuskegee University (7 U.S.C. 3222), of which the Act, $4,100,000; payments to upgrade re- trol of outbreaks of insects, plant diseases, ani- $1,000,000 shall be made available to West Vir- search, extension, and teaching facilities at the mal diseases and for control of pest animals and ginia State College in Institute, West Virginia; 1890 land-grant colleges, including Tuskegee birds to the extent necessary to meet emergency $64,157,000 for special grants for agricultural re- University, as authorized by section 1447 of conditions: Provided, That no funds shall be search (7 U.S.C. 450i(c)); $13,721,000 for special Public Law 95–113 (7 U.S.C. 3222b), $12,400,000, used to formulate or administer a brucellosis grants for agricultural research on improved to remain available until expended; payments eradication program for the current fiscal year pest control (7 U.S.C. 450i(c)); $118,700,000 for for the rural development centers under section that does not require minimum matching by the competitive research grants (7 U.S.C. 450i(b)); 3(d) of the Act, $908,000; payments for youth-at- States of at least 40 percent: Provided further, $5,109,000 for the support of animal health and risk programs under section 3(d) of the Act, That this appropriation shall be available for disease programs (7 U.S.C. 3195); $750,000 for $9,000,000; payments for carrying out the provi- field employment pursuant to the second sen- supplemental and alternative crops and prod- sions of the Renewable Resources Extension Act tence of section 706(a) of the Organic Act of 1944 ucts (7 U.S.C. 3319d); $650,000 for grants for re- of 1978, $3,192,000; payments for Indian reserva- (7 U.S.C. 2225), and not to exceed $40,000 shall search pursuant to the Critical Agricultural Ma- tion agents under section 3(d) of the Act, be available for employment under 5 U.S.C. 3109: terials Act of 1984 (7 U.S.C. 178) and section 1472 $2,500,000; payments for sustainable agriculture Provided further, That this appropriation shall of the Food and Agriculture Act of 1977 (7 programs under section 3(d) of the Act, be available for the operation and maintenance U.S.C. 3318), to remain available until expended; $4,000,000; payments for rural health and safety of aircraft and the purchase of not to exceed $1,000,000 for the 1994 research program (7 education as authorized by section 2390 of Pub- four, of which two shall be for replacement U.S.C. 301 note), to remain available until ex- lic Law 101–624 (7 U.S.C. 2661 note, 2662), only: Provided further, That, in addition, in pended; $3,000,000 for higher education grad- $2,628,000; payments for cooperative extension emergencies which threaten any segment of the uate fellowship grants (7 U.S.C. 3152(b)(6)), to work by the colleges receiving the benefits of the agricultural production industry of this coun- remain available until expended (7 U.S.C. second Morrill Act (7 U.S.C. 321–326 and 328) try, the Secretary may transfer from other ap- 2209b); $4,350,000 for higher education challenge and Tuskegee University, $26,843,000, of which propriations or funds available to the agencies grants (7 U.S.C. 3152(b)(1)); $1,000,000 for a $1,000,000 shall be made available to West Vir- or corporations of the Department such sums as higher education multicultural scholars program ginia State College in Institute, West Virginia; may be deemed necessary, to be available only (7 U.S.C. 3152(b)(5)), to remain available until and for the Oregon State University Agriculture in such emergencies for the arrest and eradi- expended (7 U.S.C. 2209b); $3,500,000 for an edu- Extension Service, $176,000 for the Food Elec- cation of contagious or infectious disease or

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7559 pests of animals, poultry, or plants, and for ex- lable events occur, the agency may exceed this buildings and improvements, but the cost of al- penses in accordance with the Act of February limitation by up to 10 percent with notification tering any one building during the fiscal year 28, 1947, and section 102 of the Act of September to the Committee on Appropriations of both shall not exceed 10 percent of the current re- 21, 1944, and any unexpended balances of funds Houses of Congress. placement value of the building. transferred for such emergency purposes in the FUNDS FOR STRENGTHENING MARKETS, INCOME, OFFICE OF THE UNDER SECRETARY FOR FARM preceding fiscal year shall be merged with such AND SUPPLY (SECTION 32) AND FOREIGN AGRICULTURAL SERVICES transferred amounts: Provided further, That ap- (INCLUDING TRANSFERS OF FUNDS) For necessary salaries and expenses of the Of- propriations hereunder shall be available pursu- Funds available under section 32 of the Act of ant to 7 U.S.C. 2250 for the repair and alteration fice of the Under Secretary for Farm and For- August 24, 1935 (7 U.S.C. 612c), shall be used eign Agricultural Services to administer the laws of leased buildings and improvements, but un- only for commodity program expenses as author- less otherwise provided the cost of altering any enacted by Congress for the Farm Service Agen- ized therein, and other related operating ex- cy, the Foreign Agricultural Service, the Risk one building during the fiscal year shall not ex- penses, except for: (1) transfers to the Depart- ceed 10 percent of the current replacement value Management Agency, and the Commodity Credit ment of Commerce as authorized by the Fish Corporation, $589,000. of the building: Provided further, That not less and Wildlife Act of August 8, 1956; (2) transfers FARM SERVICE AGENCY than $1,000,000 of the funds available under this otherwise provided in this Act; and (3) not more heading made available for wildlife services than $13,438,000 for formulation and administra- SALARIES AND EXPENSES methods development, the Secretary of Agri- tion of marketing agreements and orders pursu- (INCLUDING TRANSFERS OF FUNDS) culture shall conduct pilot projects in no less ant to the Agricultural Marketing Agreement For necessary expenses for carrying out the than four States representative of wildlife pre- Act of 1937 and the Agricultural Act of 1961. dation of livestock in connection with farming administration and implementation of programs PAYMENTS TO STATES AND POSSESSIONS operations for direct assistance in the applica- administered by the Farm Service Agency, tion of non-lethal predation control methods: For payments to departments of agriculture, $828,385,000: Provided, That the Secretary is au- Provided further, That the General Accounting bureaus and departments of markets, and simi- thorized to use the services, facilities, and au- Office shall report to the Committee on Appro- lar agencies for marketing activities under sec- thorities (but not the funds) of the Commodity priations by November 30, 2001, on the Depart- tion 204(b) of the Agricultural Marketing Act of Credit Corporation to make program payments ment’s compliance with this provision and on 1946 (7 U.S.C. 1623(b)), $1,200,000. for all programs administered by the Agency: the effectiveness of the non-lethal measures. GRAIN INSPECTION, PACKERS AND STOCKYARDS Provided further, That other funds made avail- In fiscal year 2001, the agency is authorized to ADMINISTRATION able to the Agency for authorized activities may collect fees to cover the total costs of providing SALARIES AND EXPENSES be advanced to and merged with this account: Provided further, That these funds shall be technical assistance, goods, or services requested For necessary expenses to carry out the provi- available for employment pursuant to the sec- by States, other political subdivisions, domestic sions of the United States Grain Standards Act, ond sentence of section 706(a) of the Organic and international organizations, foreign govern- for the administration of the Packers and Stock- Act of 1944 (7 U.S.C. 2225), and not to exceed ments, or individuals, provided that such fees yards Act, for certifying procedures used to pro- $1,000,000 shall be available for employment are structured such that any entity’s liability tect purchasers of farm products, and the stand- under 5 U.S.C. 3109. for such fees is reasonably based on the tech- ardization activities related to grain under the nical assistance, goods, or services provided to Agricultural Marketing Act of 1946, including STATE MEDIATION GRANTS the entity by the agency, and such fees shall be field employment pursuant to the second sen- For grants pursuant to section 502(b) of the credited to this account, to remain available tence of section 706(a) of the Organic Act of 1944 Agricultural Credit Act of 1987 (7 U.S.C. 5101– until expended, without further appropriation, (7 U.S.C. 2225), and not to exceed $25,000 for em- 5106), $3,000,000. for providing such assistance, goods, or services. ployment under 5 U.S.C. 3109, $27,269,000: Pro- DAIRY INDEMNITY PROGRAM Of the total amount available under this vided, That this appropriation shall be available (INCLUDING TRANSFERS OF FUNDS) heading in fiscal year 2001, $87,000,000 shall be pursuant to law (7 U.S.C. 2250) for the alter- For necessary expenses involved in making in- derived from user fees deposited in the Agricul- ation and repair of buildings and improvements, demnity payments to dairy farmers for milk or tural Quarantine Inspection User Fee Account. but the cost of altering any one building during cows producing such milk and manufacturers of BUILDINGS AND FACILITIES the fiscal year shall not exceed 10 percent of the dairy products who have been directed to re- For plans, construction, repair, preventive current replacement value of the building. maintenance, environmental support, improve- move their milk or dairy products from commer- LIMITATION ON INSPECTION AND WEIGHING cial markets because it contained residues of ment, extension, alteration, and purchase of SERVICE EXPENSES fixed equipment or facilities, as authorized by 7 chemicals registered and approved for use by the Not to exceed $42,557,000 (from fees collected) U.S.C. 2250, and acquisition of land as author- Federal Government, and in making indemnity shall be obligated during the current fiscal year ized by 7 U.S.C. 428a, $9,870,000, to remain payments for milk, or cows producing such milk, for inspection and weighing services: Provided, available until expended. at a fair market value to any dairy farmer who That if grain export activities require additional is directed to remove his milk from commercial AGRICULTURAL MARKETING SERVICE supervision and oversight, or other uncontrol- markets because of: (1) the presence of products MARKETING SERVICES lable factors occur, this limitation may be ex- of nuclear radiation or fallout if such contami- For necessary expenses to carry on services re- ceeded by up to 10 percent with notification to nation is not due to the fault of the farmer; or lated to consumer protection, agricultural mar- the Committee on Appropriations of both Houses (2) residues of chemicals or toxic substances not keting and distribution, transportation, and of Congress. included under the first sentence of the Act of regulatory programs, as authorized by law, and OFFICE OF THE UNDER SECRETARY FOR FOOD August 13, 1968 (7 U.S.C. 450j), if such chemicals for administration and coordination of pay- SAFETY or toxic substances were not used in a manner ments to States, including field employment pur- For necessary salaries and expenses of the Of- contrary to applicable regulations or labeling suant to the second sentence of section 706(a) of fice of the Under Secretary for Food Safety to instructions provided at the time of use and the the Organic Act of 1944 (7 U.S.C. 2225) and not administer the laws enacted by the Congress for contamination is not due to the fault of the to exceed $90,000 for employment under 5 U.S.C. the Food Safety and Inspection Service, farmer, $450,000, to remain available until ex- 3109, $64,696,000, including funds for the whole- $460,000. pended (7 U.S.C. 2209b): Provided, That none of sale market development program for the design the funds contained in this Act shall be used to FOOD SAFETY AND INSPECTION SERVICE and development of wholesale and farmer mar- make indemnity payments to any farmer whose ket facilities for the major metropolitan areas of For necessary expenses to carry out services milk was removed from commercial markets as a the country: Provided, That this appropriation authorized by the Federal Meat Inspection Act, result of the farmer’s willful failure to follow shall be available pursuant to law (7 U.S.C. the Poultry Products Inspection Act, and the procedures prescribed by the Federal Govern- 2250) for the alteration and repair of buildings Egg Products Inspection Act, $678,011,000, of ment: Provided further, That this amount shall and improvements, but the cost of altering any which no less than $578,544,000 shall be avail- be transferred to the Commodity Credit Corpora- one building during the fiscal year shall not ex- able for Federal food inspection; and in addi- tion: Provided further, That the Secretary is au- ceed 10 percent of the current replacement value tion, $1,000,000 may be credited to this account thorized to utilize the services, facilities, and of the building: Provided further, That $639,000 from fees collected for the cost of laboratory ac- authorities of the Commodity Credit Corporation may be transferred to the Expenses and Re- creditation as authorized by section 1017 of Pub- for the purpose of making dairy indemnity dis- funds, Inspection and Grading of Farm Prod- lic Law 102–237: Provided, That this appropria- bursements. ucts fund account for the cost of the National tion shall not be available for shell egg surveil- AGRICULTURAL CREDIT INSURANCE FUND Organic Production Program and that such lance under section 5(d) of the Egg Products In- PROGRAM ACCOUNT funds shall remain available until expended. spection Act (21 U.S.C. 1034(d)): Provided fur- Fees may be collected for the cost of standard- ther, That this appropriation shall be available (INCLUDING TRANSFERS OF FUNDS) ization activities, as established by regulation for field employment pursuant to the second For gross obligations for the principal amount pursuant to law (31 U.S.C. 9701). sentence of section 706(a) of the Organic Act of of direct and guaranteed loans as authorized by LIMITATION ON ADMINISTRATIVE EXPENSES 1944 (7 U.S.C. 2225), and not to exceed $75,000 7 U.S.C. 1928–1929, to be available from funds in Not to exceed $60,730,000 (from fees collected) shall be available for employment under 5 the Agricultural Credit Insurance Fund, as fol- shall be obligated during the current fiscal year U.S.C. 3109: Provided further, That this appro- lows: farm ownership loans, $559,373,000, of for administrative expenses: Provided, That if priation shall be available pursuant to law (7 which $431,373,000 shall be for guaranteed crop size is understated and/or other uncontrol- U.S.C. 2250) for the alteration and repair of loans; operating loans, $2,397,842,000, of which

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7560 CONGRESSIONAL RECORD — SENATE July 25, 2000 $1,697,842,000 shall be for unsubsidized guaran- sources and Environment to administer the laws of section 706(a) of the Organic Act of 1944 (7 teed loans and $200,000,000 shall be for sub- enacted by the Congress for the Forest Service U.S.C. 2225), and not to exceed $200,000 shall be sidized guaranteed loans; Indian tribe land ac- and the Natural Resources Conservation Serv- available for employment under 5 U.S.C. 3109: quisition loans as authorized by 25 U.S.C. 488, ice, $711,000. Provided further, That not to exceed $1,000,000 $1,028,000; for emergency insured loans, NATURAL RESOURCES CONSERVATION SERVICE of this appropriation is available to carry out $25,000,000 to meet the needs resulting from nat- CONSERVATION OPERATIONS the purposes of the Endangered Species Act of ural disasters; and for boll weevil eradication For necessary expenses for carrying out the 1973 (Public Law 93–205), including cooperative program loans as authorized by 7 U.S.C. 1989, provisions of the Act of April 27, 1935 (16 U.S.C. efforts as contemplated by that Act to relocate $100,000,000. 590a–f), including preparation of conservation endangered or threatened species to other suit- For the cost of direct and guaranteed loans, plans and establishment of measures to conserve able habitats as may be necessary to expedite including the cost of modifying loans as defined soil and water (including farm irrigation and project construction: Provided further, That of in section 502 of the Congressional Budget Act land drainage and such special measures for soil the funds available for Emergency Watershed of 1974, as follows: farm ownership loans, and water management as may be necessary to Protection activities, $4,000,000 shall be avail- $15,986,000, of which $2,200,000 shall be for guar- prevent floods and the siltation of reservoirs and able for Mississippi and Wisconsin for financial anteed loans; operating loans, $84,680,000, of to control agricultural related pollutants); oper- and technical assistance for pilot rehabilitation which $23,260,000 shall be for unsubsidized ation of conservation plant materials centers; projects of small, upstream dams built under the guaranteed loans and $16,320,000 shall be for classification and mapping of soil; dissemination Watershed and Flood Prevention Act (16 U.S.C. subsidized guaranteed loans; Indian tribe land of information; acquisition of lands, water, and 1001 et seq., section 13 of the Act of December 22, acquisition loans as authorized by 25 U.S.C. 488, interests therein for use in the plant materials 1994; Public Law 78–534; 58 Stat. 905), and the $166,000; and for emergency insured loans, program by donation, exchange, or purchase at pilot watershed program authorized under the $6,133,000 to meet the needs resulting from nat- a nominal cost not to exceed $100 pursuant to heading ‘‘FLOOD PREVENTION’’ of the De- ural disasters. the Act of August 3, 1956 (7 U.S.C. 428a); pur- partment of Agriculture Appropriation Act, 1954 In addition, for administrative expenses nec- chase and erection or alteration or improvement (Public Law 83–156; 67 Stat. 214): Provided fur- essary to carry out the direct and guaranteed of permanent and temporary buildings; and op- ther, That of the funds made available for wa- loan programs, $269,454,000, of which eration and maintenance of aircraft, tershed and flood prevention activities, $500,000 $265,315,000 shall be transferred to and merged $714,116,000, to remain available until expended shall be available for a study to be conducted by with the appropriation for ‘‘Farm Service Agen- (7 U.S.C. 2209b), of which not less than the Natural Resources Conservation Service in cy, Salaries and Expenses’’. $5,990,000 is for snow survey and water fore- cooperation with the town of Johnston, Rhode Funds appropriated by this Act to the Agri- casting and not less than $9,975,000 is for oper- Island, on floodplain management for the cultural Credit Insurance Program Account for ation and establishment of the plant materials Pocasset River, Rhode Island. farm ownership and operating direct loans and centers: Provided, That appropriations here- RESOURCE CONSERVATION AND DEVELOPMENT guaranteed loans may be transferred among under shall be available pursuant to 7 U.S.C. For necessary expenses in planning and car- these programs with the prior approval of the 2250 for construction and improvement of build- rying out projects for resource conservation and Committee on Appropriations of both Houses of ings and public improvements at plant materials development and for sound land use pursuant to Congress. centers, except that the cost of alterations and the provisions of section 32(e) of title III of the RISK MANAGEMENT AGENCY improvements to other buildings and other pub- Bankhead-Jones Farm Tenant Act (7 U.S.C. For administrative and operating expenses, as lic improvements shall not exceed $250,000: Pro- 1010–1011; 76 Stat. 607); the Act of April 27, 1935 authorized by the Federal Agriculture Improve- vided further, That when buildings or other (16 U.S.C. 590a–f); and the Agriculture and ment and Reform Act of 1996 (7 U.S.C. 6933), structures are erected on non-Federal land, that Food Act of 1981 (16 U.S.C. 3451–3461), $65,597,000: Provided, That not to exceed $700 the right to use such land is obtained as pro- $36,265,000, to remain available until expended shall be available for official reception and rep- vided in 7 U.S.C. 2250a: Provided further, That (7 U.S.C. 2209b): Provided, That this appropria- resentation expenses, as authorized by 7 U.S.C. this appropriation shall be available for tech- tion shall be available for employment pursuant 1506(i). nical assistance and related expenses to carry to the second sentence of section 706(a) of the CORPORATIONS out programs authorized by section 202(c) of Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment The following corporations and agencies are title II of the Colorado River Basin Salinity under 5 U.S.C. 3109. hereby authorized to make expenditures, within Control Act of 1974 (43 U.S.C. 1592(c)): Provided the limits of funds and borrowing authority further, That this appropriation shall be avail- FORESTRY INCENTIVES PROGRAM available to each such corporation or agency able for employment pursuant to the second sen- For necessary expenses, not otherwise pro- and in accord with law, and to make contracts tence of section 706(a) of the Organic Act of 1944 vided for, to carry out the program of forestry and commitments without regard to fiscal year (7 U.S.C. 2225), and not to exceed $25,000 shall incentives, as authorized by the Cooperative limitations as provided by section 104 of the be available for employment under 5 U.S.C. 3109: Forestry Assistance Act of 1978 (16 U.S.C. 2101), Government Corporation Control Act as may be Provided further, That qualified local engineers including technical assistance and related ex- necessary in carrying out the programs set forth may be temporarily employed at per diem rates penses, $6,325,000, to remain available until ex- in the budget for the current fiscal year for such to perform the technical planning work of the pended, as authorized by that Act. corporation or agency, except as hereinafter Service (16 U.S.C. 590e–2). TITLE III provided. WATERSHED SURVEYS AND PLANNING RURAL DEVELOPMENT PROGRAMS For necessary expenses to conduct research, FEDERAL CROP INSURANCE CORPORATION FUND OFFICE OF THE UNDER SECRETARY FOR RURAL investigation, and surveys of watersheds of riv- DEVELOPMENT For payments as authorized by section 516 of ers and other waterways, and for small water- the Federal Crop Insurance Act, such sums as shed investigations and planning, in accordance For necessary salaries and expenses of the Of- may be necessary, to remain available until ex- with the Watershed Protection and Flood Pre- fice of the Under Secretary for Rural Develop- pended (7 U.S.C. 2209b). vention Act approved August 4, 1954 (16 U.S.C. ment to administer programs under the laws en- COMMODITY CREDIT CORPORATION FUND 1001–1009), $10,705,000: Provided, That this ap- acted by the Congress for the Rural Housing REIMBURSEMENT FOR NET REALIZED LOSSES propriation shall be available for employment Service, the Rural Business-Cooperative Service, For fiscal year 2001, such sums as may be nec- pursuant to the second sentence of section and the Rural Utilities Service of the Depart- essary to reimburse the Commodity Credit Cor- 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), ment of Agriculture, $605,000. poration for net realized losses sustained, but and not to exceed $110,000 shall be available for RURAL COMMUNITY ADVANCEMENT PROGRAM not previously reimbursed, pursuant to section 2 employment under 5 U.S.C. 3109. (INCLUDING TRANSFERS OF FUNDS) of the Act of August 17, 1961 (15 U.S.C. 713a–11). WATERSHED AND FLOOD PREVENTION OPERATIONS For the cost of direct loans, loan guarantees, OPERATIONS AND MAINTENANCE FOR HAZARDOUS For necessary expenses to carry out preventive and grants, as authorized by 7 U.S.C. 1926, WASTE MANAGEMENT measures, including but not limited to research, 1926a, 1926c, 1926d, and 1932, except for sections For fiscal year 2001, the Commodity Credit engineering operations, methods of cultivation, 381E–H, 381N, and 381O of the Consolidated Corporation shall not expend more than the growing of vegetation, rehabilitation of ex- Farm and Rural Development Act (7 U.S.C. $5,000,000 for site investigation and cleanup ex- isting works and changes in use of land, in ac- 2009f), $759,284,000, to remain available until ex- penses, and operations and maintenance ex- cordance with the Watershed Protection and pended, of which $53,225,000 shall be for rural penses to comply with the requirement of section Flood Prevention Act approved August 4, 1954 community programs described in section 107(g) of the Comprehensive Environmental Re- (16 U.S.C. 1001–1005 and 1007–1009), the provi- 381E(d)(1) of such Act; of which $644,360,000 sponse, Compensation, and Liability Act, 42 sions of the Act of April 27, 1935 (16 U.S.C. 590a– shall be for the rural utilities programs de- U.S.C. 9607(g), and section 6001 of the Resource f), and in accordance with the provisions of scribed in sections 381E(d)(2), 306C(a)(2), and Conservation and Recovery Act, 42 U.S.C. 6961. laws relating to the activities of the Department, 306D of such Act; and of which $61,699,000 shall TITLE II $99,443,000, to remain available until expended be for the rural business and cooperative devel- (7 U.S.C. 2209b) (of which up to $15,000,000 may opment programs described in section 381E(d)(3) CONSERVATION PROGRAMS be available for the watersheds authorized of such Act: Provided, That of the total amount OFFICE OF THE UNDER SECRETARY FOR NATURAL under the Flood Control Act approved June 22, appropriated in this account, $24,000,000 shall RESOURCES AND ENVIRONMENT 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Pro- be for loans and grants to benefit Federally Rec- For necessary salaries and expenses of the Of- vided, That this appropriation shall be available ognized Native American Tribes, of which (1) fice of the Under Secretary for Natural Re- for employment pursuant to the second sentence $1,000,000 shall be available for rural business

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7561 opportunity grants under section 306(a)(11) of for employment pursuant to the second sentence U.S.C. 1490c), $34,000,000, to remain available that Act (7 U.S.C. 1926(a)(11)), (2) $5,000,000 of section 706(a) of the Organic Act of 1944 (7 until expended (7 U.S.C. 2209b): Provided, That shall be available for community facilities U.S.C. 2225), and not to exceed $1,000,000 may be of the total amount appropriated, $1,000,000 grants for tribal college improvements under sec- used for employment under 5 U.S.C. 3109: Pro- shall be available through June 30, 2001, for au- tion 306(a)(19) of that Act (7 U.S.C. 1926(a)(19)), vided further, That not more than $10,000 may thorized empowerment zones and enterprise (3) $15,000,000 shall be available for grants for be expended to provide modest nonmonetary communities and communities designated by the drinking water and waste disposal systems awards to non-USDA employees: Provided fur- Secretary of Agriculture as Rural Economic under section 306C of that Act (7 U.S.C. 1926c) ther, That any balances available from prior Area Partnership Zones. to Federally Recognized Native American Tribes years for the Rural Utilities Service, Rural RURAL HOUSING ASSISTANCE GRANTS that are not eligible to receive funds under any Housing Service, and the Rural Business-Coop- For grants and contracts for very low-income other rural utilities program set-aside under the erative Service salaries and expenses accounts housing repair, supervisory and technical assist- rural community advancement program, and (4) shall be transferred to and merged with this ac- ance, compensation for construction defects, $3,000,000 shall be available for rural business count. and rural housing preservation made by the enterprise grants under section 310B(c) of that RURAL HOUSING SERVICE Rural Housing Service, as authorized by 42 Act (7 U.S.C. 1932(c)): Provided further, That of RURAL HOUSING INSURANCE FUND PROGRAM U.S.C. 1474, 1479(c), 1490e, and 1490m, the amount appropriated for rural community ACCOUNT $44,000,000, to remain available until expended: programs, $6,000,000 shall be available for a Provided, That of the total amount appro- (INCLUDING TRANSFERS OF FUNDS) Rural Community Development Initiative: Pro- priated, $5,000,000 shall be for a housing dem- For gross obligations for the principal amount vided further, That such funds shall be used onstration program for agriculture, aqua- of direct and guaranteed loans as authorized by solely to develop the capacity and ability of pri- culture, and seafood processor workers: Pro- title V of the Housing Act of 1949, to be avail- vate, nonprofit community-based housing and vided further, That of the total amount appro- able from funds in the rural housing insurance community development organizations, and low- priated, $1,200,000 shall be available through fund, as follows: $4,300,000,000 for loans to sec- income rural communities to undertake projects June 30, 2001, for authorized empowerment tion 502 borrowers, as determined by the Sec- to improve housing, community facilities, com- zones and enterprise communities and commu- retary, of which $3,200,000,000 shall be for un- munity and economic development projects in nities designated by the Secretary of Agriculture subsidized guaranteed loans; $32,396,000 for sec- rural areas: Provided further, That such funds as Rural Economic Area Partnership Zones. shall be made available to qualified private and tion 504 housing repair loans; $100,000,000 for FARM LABOR PROGRAM ACCOUNT public (including tribal) intermediary organiza- section 538 guaranteed multi-family housing For the cost of direct loans, grants, and con- tions proposing to carry out a program of tech- loans; $114,321,000 for section 515 rental hous- tracts, as authorized by 42 U.S.C. 1484 and 1486, nical assistance: Provided further, That such ing; $5,152,000 for section 524 site loans; $28,750,000, to remain available until expended intermediary organizations shall provide match- $7,503,000 for credit sales of acquired property, for direct farm labor housing loans and domestic ing funds from other sources in an amount not of which up to $1,250,000 may be for multi-fam- farm labor housing grants and contracts. less than funds provided: Provided further, ily credit sales; and $5,000,000 for section 523 That of the amount appropriated for the rural self-help housing land development loans. RURAL BUSINESS-COOPERATIVE SERVICE business and cooperative development programs, For the cost of direct and guaranteed loans, RURAL DEVELOPMENT LOAN FUND PROGRAM not to exceed $500,000 shall be made available including the cost of modifying loans, as defined ACCOUNT in section 502 of the Congressional Budget Act for a grant to a qualified national organization (INCLUDING TRANSFERS OF FUNDS) to provide technical assistance for rural trans- of 1974, as follows: section 502 loans, For the cost of direct loans, $19,476,000, as au- portation in order to promote economic develop- $215,060,000, of which $38,400,000 shall be for thorized by the Rural Development Loan Fund ment; and $2,000,000 shall be for grants to Mis- unsubsidized guaranteed loans; section 504 (42 U.S.C. 9812(a)), of which $2,036,000 shall be sissippi Delta Region counties: Provided further, housing repair loans, $11,481,000; section 538 for Federally Recognized Native American That of the amount appropriated for rural utili- multi-family housing guaranteed loans, Tribes; and of which $4,072,000 shall be for the ties programs, not to exceed $20,000,000 shall be $1,520,000; section 515 rental housing, Mississippi Delta Region Counties (as defined by for water and waste disposal systems to benefit $56,326,000; multi-family credit sales of acquired Public Law 100–460): Provided, That such costs, the Colonias along the United States/Mexico property, $613,000; and section 523 self-help including the cost of modifying such loans, shall borders, including grants pursuant to section housing land development loans, $279,000: Pro- be as defined in section 502 of the Congressional 306C of such Act; not to exceed $20,000,000 shall vided, That of the total amount appropriated in Budget Act of 1974: Provided further, That these be for water and waste disposal systems for this paragraph, $13,832,000 shall be available funds are available to subsidize gross obligations rural and native villages in Alaska pursuant to through June 30, 2001, for authorized empower- for the principal amount of direct loans of section 306D of such Act, with up to one percent ment zones and enterprise communities and $38,256,000: Provided further, That of the total available to administer the program and up to communities designated by the Secretary of Ag- amount appropriated, $3,216,000 shall be avail- one percent available to improve interagency co- riculture as Rural Economic Area Partnership able through June 30, 2001, for the cost of direct ordination; not to exceed $16,215,000 shall be for Zones. loans for authorized empowerment zones and technical assistance grants for rural waste sys- In addition, for administrative expenses nec- enterprise communities and communities des- tems pursuant to section 306(a)(14) of such Act; essary to carry out the direct and guaranteed ignated by the Secretary of Agriculture as Rural and not to exceed $9,500,000 shall be for con- loan programs, $409,233,000, which shall be Economic Area Partnership Zones. tracting with qualified national organizations transferred to and merged with the appropria- In addition, for administrative expenses to for a circuit rider program to provide technical tion for ‘‘Rural Development, Salaries and Ex- carry out the direct loan programs, $3,640,000 assistance for rural water systems: Provided fur- penses’’. shall be transferred to and merged with the ap- ther, That of the total amount appropriated, not RENTAL ASSISTANCE PROGRAM propriation for ‘‘Rural Development, Salaries to exceed $42,574,650 shall be available through For rental assistance agreements entered into and Expenses’’. June 30, 2001, for authorized empowerment or renewed pursuant to the authority under sec- zones and enterprise communities and commu- tion 521(a)(2) or agreements entered into in lieu RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM nities designated by the Secretary of Agriculture of debt forgiveness or payments for eligible ACCOUNT as Rural Economic Area Partnership Zones; of households as authorized by section 502(c)(5)(D) (INCLUDING RESCISSION OF FUNDS) which $34,704,000 shall be for the rural utilities of the Housing Act of 1949, $680,000,000; and, in For the principal amount of direct loans, as programs described in section 381E(d)(2) of such addition, such sums as may be necessary, as au- authorized under section 313 of the Rural Elec- Act; and of which $8,435,000 shall be for the thorized by section 521(c) of the Act, to liquidate trification Act, for the purpose of promoting rural business and cooperative development pro- debt incurred prior to fiscal year 1992 to carry rural economic development and job creation grams described in section 381E(d)(3) of such out the rental assistance program under section projects, $15,000,000. Act. 521(a)(2) of the Act: Provided, That of this For the cost of direct loans, including the cost RURAL DEVELOPMENT SALARIES AND EXPENSES amount, not more than $5,900,000 shall be avail- of modifying loans as defined in section 502 of (INCLUDING TRANSFERS OF FUNDS) able for debt forgiveness or payments for eligible the Congressional Budget Act of 1974, $3,911,000. For necessary expenses of administering Rural households as authorized by section 502(c)(5)(D) Of the funds derived from interest on the Development programs as authorized by the of the Act, and not to exceed $10,000 per project cushion of credit payments in fiscal year 2001, Rural Electrification Act of 1936; the Consoli- for advances to nonprofit organizations or pub- as authorized by section 313 of the Rural Elec- dated Farm and Rural Development Act; title V lic agencies to cover direct costs (other than trification Act of 1936, $3,911,000 shall not be ob- of the Housing Act of 1949; section 1323 of the purchase price) incurred in purchasing projects ligated and $3,911,000 are rescinded. Food Security Act of 1985; the Cooperative Mar- pursuant to section 502(c)(5)(C) of the Act: Pro- RURAL COOPERATIVE DEVELOPMENT GRANTS keting Act of 1926 for activities related to mar- vided further, That agreements entered into or For rural cooperative development grants au- keting aspects of cooperatives, including eco- renewed during fiscal year 2001 shall be funded thorized under section 310B(e) of the Consoli- nomic research findings, authorized by the Agri- for a 5-year period, although the life of any dated Farm and Rural Development Act (7 cultural Marketing Act of 1946; for activities such agreement may be extended to fully utilize U.S.C. 1932), $6,000,000, of which $1,500,000 shall with institutions concerning the development amounts obligated. be available for cooperative agreements for the and operation of agricultural cooperatives; and MUTUAL AND SELF-HELP HOUSING GRANTS appropriate technology transfer for rural areas for cooperative agreements: $130,371,000: Pro- For grants and contracts pursuant to section program: Provided, That not to exceed $1,500,000 vided, That this appropriation shall be available 523(b)(1)(A) of the Housing Act of 1949 (42 of the total amount appropriated shall be made

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7562 CONGRESSIONAL RECORD — SENATE July 25, 2000 available to cooperatives or associations of co- and Consumer Services to administer the laws accordance with section 16 of the Food Stamp operatives whose primary focus is to provide as- enacted by the Congress for the Food and Nutri- Act: Provided further, That this appropriation sistance to small, minority producers. tion Service, $570,000. shall be subject to any work registration or RURAL UTILITIES SERVICE FOOD AND NUTRITION SERVICE workfare requirements as may be required by law: Provided further, That funds made avail- RURAL ELECTRIFICATION AND CHILD NUTRITION PROGRAMS able for Employment and Training under this TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) heading shall remain available until expended, (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the Na- as authorized by section 16(h)(1) of the Food Insured loans pursuant to the authority of tional School Lunch Act (42 U.S.C. 1751 et seq.), Stamp Act: Provided further, That, of funds section 305 of the Rural Electrification Act of except section 21, and the Child Nutrition Act of made available under this heading and not al- 1936 (7 U.S.C. 935) shall be made as follows: 5 1966 (42 U.S.C. 1771 et seq.), except sections 17 ready appropriated to the Food Distribution percent rural electrification loans, $121,500,000; and 21; $9,541,539,000, to remain available Program on Indian Reservations (FDPIR) estab- 5 percent rural telecommunications loans, through September 30, 2002, of which lished under section 4(b) of the Food Stamp Act $75,000,000; cost of money rural telecommuni- $4,413,960,000 is hereby appropriated and of 1977 (7 U.S.C. 2013(b)), an additional amount cations loans, $300,000,000; municipal rate rural $5,127,579,000 shall be derived by transfer from not to exceed $7,300,000 shall be used to pur- electric loans, $295,000,000; and loans made pur- funds available under section 32 of the Act of chase bison for the FDPIR and to provide a suant to section 306 of that Act, rural electric, August 24, 1935 (7 U.S.C. 612c): Provided, That, mechanism for the purchases from Native Amer- $1,700,000,000 and rural telecommunications, except as specifically provided under this head- ican producers and cooperative organizations. $120,000,000; and $500,000,000 for Treasury rate ing, none of the funds made available under this COMMODITY ASSISTANCE PROGRAM direct electric loans. heading shall be used for studies and evalua- For necessary expenses to carry out the com- For the cost, as defined in section 502 of the tions: Provided further, That of the funds made modity supplemental food program as author- Congressional Budget Act of 1974, including the available under this heading, up to $6,000,000 ized by section 4(a) of the Agriculture and Con- cost of modifying loans, of direct and guaran- shall be for school breakfast pilot projects, in- sumer Protection Act of 1973 (7 U.S.C. 612c teed loans authorized by the Rural Electrifica- cluding the evaluation required under section note); and the Emergency Food Assistance Act tion Act of 1936 (7 U.S.C. 935 and 936), as fol- 18(e) of the National School Lunch Act: Pro- of 1983, $140,300,000, to remain available lows: cost of direct loans, $19,871,000; and cost vided further, That of the funds made available through September 30, 2002: Provided, That of municipal rate loans, $20,503,000: Provided, under this heading, $500,000 shall be for a none of these funds shall be available to reim- That notwithstanding section 305(d)(2) of the School Breakfast Program startup grant pilot burse the Commodity Credit Corporation for Rural Electrification Act of 1936, borrower inter- program for the State of Wisconsin: Provided commodities donated to the program. est rates may exceed 7 percent per year. further, That up to $4,511,000 shall be available FOOD DONATIONS PROGRAMS In addition, for administrative expenses nec- for independent verification of school food serv- For necessary expenses to carry out section essary to carry out the direct and guaranteed ice claims. 4(a) of the Agriculture and Consumer Protection loan programs, $34,716,000, which shall be trans- SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR Act of 1973; special assistance for the nuclear ferred to and merged with the appropriation for WOMEN, INFANTS, AND CHILDREN (WIC) affected islands as authorized by section ‘‘Rural Development, Salaries and Expenses’’. For necessary expenses to carry out the spe- 103(h)(2) of the Compacts of Free Association RURAL TELEPHONE BANK PROGRAM ACCOUNT cial supplemental nutrition program as author- Act of 1985, as amended; and section 311 of the (INCLUDING TRANSFERS OF FUNDS) ized by section 17 of the Child Nutrition Act of Older Americans Act of 1965, $141,081,000, to re- main available through September 30, 2002. The Rural Telephone Bank is hereby author- 1966 (42 U.S.C. 1786), $4,052,000,000, to remain FOOD PROGRAM ADMINISTRATION ized to make such expenditures, within the lim- available through September 30, 2002: Provided, its of funds available to such corporation in ac- That none of the funds made available under For necessary administrative expenses of the cord with law, and to make such contracts and this heading shall be used for studies and eval- domestic food programs funded under this Act, $116,807,000, of which $5,000,000 shall be avail- commitments without regard to fiscal year limi- uations: Provided further, That of the total able only for simplifying procedures, reducing tations as provided by section 104 of the Govern- amount available, the Secretary shall obligate overhead costs, tightening regulations, improv- ment Corporation Control Act, as may be nec- $15,000,000 for the farmers’ market nutrition ing food stamp benefit delivery, and assisting in essary in carrying out its authorized programs. program within 45 days of the enactment of this the prevention, identification, and prosecution During fiscal year 2001 and within the resources Act, and an additional $5,000,000 for the farm- of fraud and other violations of law and of and authority available, gross obligations for ers’ market nutrition program from any funds which not less than $4,500,000 shall be available the principal amount of direct loans shall be not needed to maintain current caseload levels: to improve integrity in the Food Stamp and $175,000,000. Provided further, That notwithstanding section Child Nutrition programs: Provided, That this For the cost, as defined in section 502 of the 17(h)(10)(A) of such Act, up to $14,000,000 shall appropriation shall be available for employment Congressional Budget Act of 1974, including the be available for the purposes specified in section pursuant to the second sentence of section cost of modifying loans, of direct loans author- 17(h)(10)(B), no less than $6,000,000 of which 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), shall be used for the development of electronic ized by the Rural Electrification Act of 1936 (7 and not to exceed $150,000 shall be available for benefit transfer systems: Provided further, That U.S.C. 935), $2,590,000. employment under 5 U.S.C. 3109. In addition, for administrative expenses nec- none of the funds in this Act shall be available essary to carry out the loan programs, to pay administrative expenses of WIC clinics TITLE V $3,000,000, which shall be transferred to and except those that have an announced policy of FOREIGN ASSISTANCE AND RELATED merged with the appropriation for ‘‘Rural De- prohibiting smoking within the space used to PROGRAMS velopment, Salaries and Expenses’’. carry out the program: Provided further, That FOREIGN AGRICULTURAL SERVICE DISTANCE LEARNING AND TELEMEDICINE PROGRAM none of the funds provided in this account shall SALARIES AND EXPENSES For the cost of direct loans and grants, as au- be available for the purchase of infant formula (INCLUDING TRANSFERS OF FUNDS) thorized by 7 U.S.C. 950aaa et seq., $27,000,000, except in accordance with the cost containment For necessary expenses of the Foreign Agri- to remain available until expended, to be avail- and competitive bidding requirements specified cultural Service, including carrying out title VI able for loans and grants for telemedicine and in section 17 of such Act: Provided further, That of the Agricultural Act of 1954 (7 U.S.C. 1761– distance learning services in rural areas, of none of the funds provided shall be available for 1768), market development activities abroad, and which not more than $3,000,000 may be used to activities that are not fully reimbursed by other for enabling the Secretary to coordinate and in- make grants to rural entities to promote employ- Federal Government departments or agencies tegrate activities of the Department in connec- ment of rural residents through teleworking, in- unless authorized by section 17 of such Act: Pro- tion with foreign agricultural work, including cluding to provide employment-related services, vided further, That funds made available under not to exceed $158,000 for representation allow- such as outreach to employers, training, and job this heading shall be made available for sites ances and for expenses pursuant to section 8 of placement, and to pay expenses relating to pro- participating in the special supplemental nutri- the Act approved August 3, 1956 (7 U.S.C. 1766), viding high-speed communications services, and tion program for women, infants, and children $113,424,000: Provided, That the Service may uti- of which $2,000,000 may be available for a pilot to determine whether a child eligible to partici- lize advances of funds, or reimburse this appro- program to finance broadband transmission and pate in the program has received a blood lead priation for expenditures made on behalf of Fed- local dial-up Internet service in areas that meet screening test, using a test that is appropriate eral agencies, public and private organizations the definition of ‘‘rural area’’ contained in sec- for age and risk factors, upon the enrollment of and institutions under agreements executed pur- tion 203(b) of the Rural Electrification Act (7 the child in the program. suant to the agricultural food production assist- U.S.C. 924(b)): Provided, That the cost of direct FOOD STAMP PROGRAM ance programs (7 U.S.C. 1737) and the foreign loans shall be as defined in section 502 of the For necessary expenses to carry out the Food assistance programs of the United States Agency Congressional Budget Act of 1974. Stamp Act (7 U.S.C. 2011 et seq.), $21,221,293,000, for International Development. None of the funds in the foregoing paragraph TITLE IV of which $100,000,000 shall be placed in reserve for use only in such amounts and at such times shall be available to promote the sale or export DOMESTIC FOOD PROGRAMS as may become necessary to carry out program of tobacco or tobacco products. OFFICE OF THE UNDER SECRETARY FOR FOOD, operations: Provided, That none of the funds PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT NUTRITION AND CONSUMER SERVICES made available under this heading shall be used (INCLUDING TRANSFERS OF FUNDS) For necessary salaries and expenses of the Of- for studies and evaluations: Provided further, For the cost, as defined in section 502 of the fice of the Under Secretary for Food, Nutrition That funds provided herein shall be expended in Congressional Budget Act of 1974, of agreements

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7563 under the Agricultural Trade Development and gram of user fees authorized by 31 U.S.C. 9701: purchase, in addition to those specifically pro- Assistance Act of 1954, and the Food For Provided further, That of the total amount ap- vided for, of not to exceed 389 passenger motor Progress Act of 1985, including the cost of modi- propriated: (1) $292,934,000 shall be for the Cen- vehicles, of which 385 shall be for replacement fying credit arrangements under said Acts, ter for Food Safety and Applied Nutrition and only, and for the hire of such vehicles. $114,186,000, to remain available until expended. related field activities in the Office of Regu- SEC. 702. Funds in this Act available to the In addition, for administrative expenses to latory Affairs; (2) $315,143,000 shall be for the Department of Agriculture shall be available for carry out the credit program of title I, Public Center for Drug Evaluation and Research and uniforms or allowances therefor as authorized Law 83–480, and the Food for Progress Act of related field activities in the Office of Regu- by law (5 U.S.C. 5901–5902). 1985, to the extent funds appropriated for Public latory Affairs, of which no less than $12,534,000 SEC. 703. Not less than $1,500,000 of the appro- Law 83–480 are utilized, $1,850,000, of which shall be available for grants and contracts priations of the Department of Agriculture in $1,035,000 may be transferred to and merged awarded under section 5 of the Orphan Drug this Act for research and service work author- with the appropriation for ‘‘Foreign Agricul- Act (21 U.S.C. 360ee); (3) $141,368,000 shall be for ized by sections 1 and 10 of the Act of June 29, tural Service, Salaries and Expenses’’, and of the Center for Biologics Evaluation and Re- 1935 (7 U.S.C. 427, 427i; commonly known as the which $815,000 may be transferred to and search and for related field activities in the Of- Bankhead-Jones Act), subtitle A of title II and merged with the appropriation for ‘‘Farm Serv- fice of Regulatory Affairs; (4) $59,349,000 shall section 302 of the Act of August 14, 1946 (7 ice Agency, Salaries and Expenses’’. be for the Center for Veterinary Medicine and U.S.C. 1621 et seq.), and chapter 63 of title 31, PUBLIC LAW 480 TITLE I OCEAN FREIGHT for related field activities in the Office of Regu- United States Code, shall be available for con- DIFFERENTIAL GRANTS latory Affairs; (5) $164,762,000 shall be for the tracting in accordance with such Acts and chapter. (INCLUDING TRANSFERS OF FUNDS) Center for Devices and Radiological Health and SEC. 704. The cumulative total of transfers to For expenses during the current fiscal year, for related field activities in the Office of Regu- latory Affairs; (6) $35,842,000 shall be for the the Working Capital Fund for the purpose of ac- not otherwise recoverable, and unrecovered cumulating growth capital for data services and prior years’ costs, including interest thereon, National Center for Toxicological Research; (7) $25,855,000 shall be for Rent and Related activi- National Finance Center operations shall not under the Agricultural Trade Development and exceed $2,000,000: Provided, That no funds in Assistance Act of 1954, $20,322,000, to remain ties, other than the amounts paid to the General Services Administration; (8) $104,954,000 shall be this Act appropriated to an agency of the De- available until expended, for ocean freight dif- partment shall be transferred to the Working ferential costs for the shipment of agricultural for payments to the General Services Adminis- tration for rent and related costs; and (9) Capital Fund without the approval of the agen- commodities under title I of said Act: Provided, cy administrator. That funds made available for the cost of title I $70,589,000 shall be for other activities, including the Office of the Commissioner; the Office of SEC. 705. New obligational authority provided agreements and for title I ocean freight differen- for the following appropriation items in this Act tial may be used interchangeably between the Management and Systems; the Office of the Sen- ior Associate Commissioner; the Office of Inter- shall remain available until expended: Animal two accounts with prior notice to the Committee and Plant Health Inspection Service, the contin- on Appropriations of both Houses of Congress. national and Constituent Relations; the Office of Policy, Legislation, and Planning; and cen- gency fund to meet emergency conditions, fruit PUBLIC LAW 480 TITLES II AND III GRANTS tral services for these offices: Provided further, fly program, boll weevil program, up to 10 per- For expenses during the current fiscal year, That funds may be transferred from one speci- cent of the screwworm program, and up to not otherwise recoverable, and unrecovered fied activity to another with the prior approval $2,000,000 for costs associated with colocating prior years’ costs, including interest thereon, of the Committee on Appropriations of both regional offices; Food Safety and Inspection under the Agricultural Trade Development and Houses of Congress: Provided further, That in Service, field automation and information man- Assistance Act of 1954, $837,000,000, to remain addition to amounts otherwise appropriated agement project; Cooperative State Research, available until expended, for commodities sup- under this heading to the Food and Drug Ad- Education, and Extension Service, funds for plied in connection with dispositions abroad ministration, an additional $6,000,000 shall be competitive research grants (7 U.S.C. 450i(b)) under title II of said Act. made available of which $5,000,000 shall be made and funds for the Native American Institutions COMMODITY CREDIT CORPORATION EXPORT LOANS available for the Centers for Food Safety and Endowment Fund; Farm Service Agency, sala- PROGRAM ACCOUNT Applied Nutrition and related field activities in ries and expenses funds made available to coun- (INCLUDING TRANSFERS OF FUNDS) the Office of Regulatory Affairs, and $1,000,000 ty committees; Foreign Agricultural Service, For administrative expenses to carry out the shall be made available to the National Center middle-income country training program, and Commodity Credit Corporation’s export guar- for Toxicological Research. up to $2,000,000 of the Foreign Agricultural antee program, GSM 102 and GSM 103, In addition, mammography user fees author- Service appropriation solely for the purpose of $3,820,000; to cover common overhead expenses ized by 42 U.S.C. 263(b) may be credited to this offsetting fluctuations in international currency as permitted by section 11 of the Commodity account, to remain available until expended. exchange rates, subject to documentation by the Credit Corporation Charter Act and in con- In addition, export certification user fees au- Foreign Agricultural Service. SEC. 706. No part of any appropriation con- formity with the Federal Credit Reform Act of thorized by 21 U.S.C. 381 may be credited to this tained in this Act shall remain available for ob- 1990, of which $3,231,000 may be transferred to account, to remain available until expended. ligation beyond the current fiscal year unless and merged with the appropriation for ‘‘Foreign BUILDINGS AND FACILITIES expressly so provided herein. Agricultural Service, Salaries and Expenses’’, For plans, construction, repair, improvement, SEC. 707. Not to exceed $50,000 of the appro- and of which $589,000 may be transferred to and extension, alteration, and purchase of fixed priations available to the Department of Agri- merged with the appropriation for ‘‘Farm Serv- equipment or facilities of or used by the Food culture in this Act shall be available to provide ice Agency, Salaries and Expenses’’. and Drug Administration, where not otherwise appropriate orientation and language training provided, $31,350,000, to remain available until TITLE VI pursuant to section 606C of the Act of August expended (7 U.S.C. 2209b). RELATED AGENCIES AND FOOD AND DRUG 28, 1954 (7 U.S.C. 1766b; commonly known as the ADMINISTRATION INDEPENDENT AGENCIES Agricultural Act of 1954). DEPARTMENT OF HEALTH AND HUMAN COMMODITY FUTURES TRADING COMMISSION SEC. 708. No funds appropriated by this Act SERVICES For necessary expenses to carry out the provi- may be used to pay negotiated indirect cost sions of the Commodity Exchange Act (7 U.S.C. rates on cooperative agreements or similar ar- FOOD AND DRUG ADMINISTRATION 1 et seq.), including the purchase and hire of rangements between the United States Depart- SALARIES AND EXPENSES passenger motor vehicles; the rental of space (to ment of Agriculture and nonprofit institutions For necessary expenses of the Food and Drug include multiple year leases) in the District of in excess of 10 percent of the total direct cost of Administration, including hire and purchase of Columbia and elsewhere; and not to exceed the agreement when the purpose of such cooper- passenger motor vehicles; for payment of space $25,000 for employment under 5 U.S.C. 3109, ative arrangements is to carry out programs of rental and related costs pursuant to Public Law $67,100,000, including not to exceed $1,000 for of- mutual interest between the two parties. This 92–313 for programs and activities of the Food ficial reception and representation expenses. does not preclude appropriate payment of indi- and Drug Administration which are included in FARM CREDIT ADMINISTRATION rect costs on grants and contracts with such in- this Act; for rental of special purpose space in stitutions when such indirect costs are computed LIMITATION ON ADMINISTRATIVE EXPENSES the District of Columbia or elsewhere; and for on a similar basis for all agencies for which ap- Not to exceed $36,800,000 (from assessments miscellaneous and emergency expenses of en- propriations are provided in this Act. collected from farm credit institutions and from forcement activities, authorized and approved SEC. 709. None of the funds in this Act shall the Federal Agricultural Mortgage Corporation) by the Secretary and to be accounted for solely be available to restrict the authority of the Com- shall be obligated during the current fiscal year on the Secretary’s certificate, not to exceed modity Credit Corporation to lease space for its for administrative expenses as authorized under $25,000; $1,210,796,000, of which not to exceed own use or to lease space on behalf of other 12 U.S.C. 2249: Provided, That this limitation $149,273,000 in prescription drug user fees au- agencies of the Department of Agriculture when shall not apply to expenses associated with re- thorized by 21 U.S.C. 379(h) may be credited to such space will be jointly occupied. this appropriation and remain available until ceiverships. SEC. 710. None of the funds in this Act shall expended: Provided, That fees derived from ap- TITLE VII—GENERAL PROVISIONS be available to pay indirect costs charged plications received during fiscal year 2001 shall SEC. 701. Within the unit limit of cost fixed by against competitive agricultural research, edu- be subject to the fiscal year 2001 limitation: Pro- law, appropriations and authorizations made cation, or extension grant awards issued by the vided further, That none of these funds shall be for the Department of Agriculture for fiscal year Cooperative State Research, Education, and Ex- used to develop, establish, or operate any pro- 2001 under this Act shall be available for the tension Service that exceed 19 percent of total

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7564 CONGRESSIONAL RECORD — SENATE July 25, 2000 Federal funds provided under each award: Pro- 679a) or section 30 of the Poultry Products In- subtitle D of title XII of the Food Security Act vided, That notwithstanding section 1462 of the spection Act (21 U.S.C. 471). of 1985 (16 U.S.C. 3839aa et seq.) in excess of National Agricultural Research, Extension, and SEC. 718. No employee of the Department of $174,000,000. Teaching Policy Act of 1977 (7 U.S.C. 3310), Agriculture may be detailed or assigned from an SEC. 724. None of the funds appropriated or funds provided by this Act for grants awarded agency or office funded by this Act to any other otherwise made available by this or any other competitively by the Cooperative State Research, agency or office of the Department for more Act shall be used to pay the salaries and ex- Education, and Extension Service shall be avail- than 30 days unless the individual’s employing penses of personnel to carry out the transfer or able to pay full allowable indirect costs for each agency or office is fully reimbursed by the re- obligation of fiscal year 2001 funds under the grant awarded under section 9 of the Small ceiving agency or office for the salary and ex- provisions of section 401 of Public Law 105–185, Business Act (15 U.S.C. 638). penses of the employee for the period of assign- the Initiative for Future Agriculture and Food SEC. 711. Notwithstanding any other provision ment. Systems (7 U.S.C. 7621). of this Act, all loan levels provided in this Act SEC. 719. None of the funds appropriated or SEC. 725. None of the funds appropriated or shall be considered estimates, not limitations. otherwise made available to the Department of otherwise made available by this Act shall be SEC. 712. Appropriations to the Department of Agriculture shall be used to transmit or other- used to carry out any commodity purchase pro- Agriculture for the cost of direct and guaran- wise make available to any non-Department of gram that would prohibit eligibility or participa- teed loans made available in fiscal year 2001 Agriculture employee questions or responses to tion by farmer-owned cooperatives. shall remain available until expended to cover questions that are a result of information re- SEC. 726. None of the funds appropriated or obligations made in fiscal year 2001 for the fol- quested for the appropriations hearing process. otherwise made available by this Act shall be lowing accounts: the rural development loan SEC. 720. None of the funds made available to used to pay the salaries and expenses of per- fund program account; the Rural Telephone the Department of Agriculture by this Act may sonnel to carry out a conservation farm option Bank program account; the rural electrification be used to acquire new information technology program, as authorized by section 1240M of the and telecommunications loans program account; systems or significant upgrades, as determined Food Security Act of 1985 (16 U.S.C. 3839bb). the Rural Housing Insurance Fund Program Ac- by the Office of the Chief Information Officer, SEC. 727. None of the funds made available to count; and the rural economic development without the approval of the Chief Information the Food and Drug Administration by this Act loans program account. Officer and the concurrence of the Executive In- shall be used to close or relocate, or to plan to SEC. 713. Notwithstanding chapter 63 of title formation Technology Investment Review close or relocate, the Food and Drug Adminis- 31, United States Code, marketing services of the Board: Provided, That notwithstanding any tration Division of Drug Analysis in St. Louis, Agricultural Marketing Service; Grain Inspec- other provision of law, none of the funds appro- Missouri. tion, Packers and Stockyards Administration; priated or otherwise made available by this Act SEC. 728. None of the funds made available to the Animal and Plant Health Inspection Service; may be transferred to the Office of the Chief In- the Food and Drug Administration by this Act and the food safety activities of the Food Safety formation Officer without the prior approval of shall be used to reduce the Detroit, Michigan, and Inspection Service may use cooperative the Committee on Appropriations of both Houses Food and Drug Administration District Office agreements to reflect a relationship between the of Congress. below the operating and full-time equivalent Agricultural Marketing Service; the Grain In- SEC. 721. (a) None of the funds provided by staffing level of July 31, 1999; or to change the spection, Packers and Stockyards Administra- this Act, or provided by previous Appropriations Detroit District Office to a station, residence tion; the Animal and Plant Health Inspection Acts to the agencies funded by this Act that re- post or similarly modified office; or to reassign Service; or the Food Safety and Inspection Serv- main available for obligation or expenditure in residence posts assigned to the Detroit District ice and a State or Cooperator to carry out agri- fiscal year 2001, or provided from any accounts Office: Provided, That this section shall not cultural marketing programs, to carry out pro- in the Treasury of the United States derived by apply to Food and Drug Administration field grams to protect the Nation’s animal and plant the collection of fees available to the agencies laboratory facilities or operations currently lo- resources, or to carry out educational programs funded by this Act, shall be available for obliga- cated in Detroit, Michigan, except that field lab- or special studies to improve the safety of the tion or expenditure through a reprogramming of oratory personnel shall be assigned to locations Nation’s food supply. funds which: (1) creates new programs; (2) in the general vicinity of Detroit, Michigan, SEC. 714. Notwithstanding any other provision eliminates a program, project, or activity; (3) in- pursuant to cooperative agreements between the of law, the Secretary of Agriculture may enter creases funds or personnel by any means for Food and Drug Administration and other lab- into cooperative agreements (which may provide any project or activity for which funds have oratory facilities associated with the State of for the acquisition of goods or services, includ- been denied or restricted; (4) relocates an office Michigan. ing personal services) with a State, political sub- or employees; (5) reorganizes offices, programs, SEC. 729. Hereafter, none of the funds appro- division, or agency thereof, a public or private or activities; or (6) contracts out or privatizes priated by this Act or any other Act may be agency, organization, or any other person, if any functions or activities presently performed used to: the Secretary determines that the objectives of by Federal employees; unless the Committee on (1) carry out the proviso under 7 U.S.C. the agreement will (1) serve a mutual interest of Appropriations of both Houses of Congress are 1622(f); or the parties to the agreement in carrying out the notified 15 days in advance of such reprogram- (2) carry out 7 U.S.C. 1622(h) unless the Sec- programs administered by the Natural Resources ming of funds. retary of Agriculture inspects and certifies agri- Conservation Service; and (2) all parties will (b) None of the funds provided by this Act, or cultural processing equipment, and imposes a contribute resources to the accomplishment of provided by previous Appropriations Acts to the fee for the inspection and certification, in a these objectives. agencies funded by this Act that remain avail- manner that is similar to the inspection and cer- SEC. 715. None of the funds in this Act may be able for obligation or expenditure in fiscal year tification of agricultural products under that used to retire more than 5 percent of the Class 2001, or provided from any accounts in the section, as determined by the Secretary: Pro- A stock of the Rural Telephone Bank or to Treasury of the United States derived by the vided, That this provision shall not affect the maintain any account or subaccount within the collection of fees available to the agencies fund- authority of the Secretary to carry out the Fed- accounting records of the Rural Telephone ed by this Act, shall be available for obligation eral Meat Inspection Act (21 U.S.C. 601 et seq.), Bank the creation of which has not specifically or expenditure for activities, programs, or the Poultry Products Inspection Act (21 U.S.C. been authorized by statute: Provided, That not- projects through a reprogramming of funds in 451 et seq.), or the Egg Products Inspection Act withstanding any other provision of law, none excess of $500,000 or 10 percent, whichever is (21 U.S.C. 1031 et seq.). of the funds appropriated or otherwise made less, that: (1) augments existing programs, SEC. 730. None of the funds appropriated by available in this Act may be used to transfer to projects, or activities; (2) reduces by 10 percent this Act or any other Act shall be used to pay the Treasury or to the Federal Financing Bank funding for any existing program, project, or ac- the salaries and expenses of personnel who pre- any unobligated balance of the Rural Telephone tivity, or numbers of personnel by 10 percent as pare or submit appropriations language as part Bank telephone liquidating account which is in approved by Congress; or (3) results from any of the President’s Budget submission to the Con- excess of current requirements and such balance general savings from a reduction in personnel gress of the United States for programs under shall receive interest as set forth for financial which would result in a change in existing pro- the jurisdiction of the Appropriations Sub- accounts in section 505(c) of the Federal Credit grams, activities, or projects as approved by committees on Agriculture, Rural Development, Reform Act of 1990. Congress; unless the Committee on Appropria- and Related Agencies that assumes revenues or SEC. 716. Of the funds made available by this tions of both Houses of Congress are notified 15 reflects a reduction from the previous year due Act, not more than $1,800,000 shall be used to days in advance of such reprogramming of to user fees proposals that have not been en- cover necessary expenses of activities related to funds. acted into law prior to the submission of the all advisory committees, panels, commissions, SEC. 722. None of the funds appropriated or Budget unless such Budget submission identifies and task forces of the Department of Agri- otherwise made available by this Act or any which additional spending reductions should culture, except for panels used to comply with other Act may be used to pay the salaries and occur in the event the users fees proposals are negotiated rule makings and panels used to expenses of personnel to carry out the transfer not enacted prior to the date of the convening of evaluate competitively awarded grants: Pro- or obligation of fiscal year 2001 funds under sec- a committee of conference for the fiscal year vided, That interagency funding is authorized tion 793 of Public Law 104–127 (7 U.S.C. 2204f). 2001 appropriations Act. to carry out the purposes of the National SEC. 723. None of the funds appropriated or SEC. 731. None of the funds appropriated or Drought Policy Commission. otherwise made available by this Act shall be otherwise made available by this Act shall be SEC. 717. None of the funds appropriated by used to pay the salaries and expenses of per- used to establish an Office of Community Food this Act may be used to carry out section 410 of sonnel who carry out an environmental quality Security or any similar office within the United the Federal Meat Inspection Act (21 U.S.C. incentives program authorized by chapter 4 of States Department of Agriculture without the

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7565 prior approval of the Committee on Appropria- United States as determined by the agencies to (2) by adding at the end the following: tions of both Houses of Congress. be necessary or appropriate for carrying out ‘‘SEC. 804. IMPORTATION OF COVERED PROD- SEC. 732. None of the funds appropriated or programs and activities abroad; and such em- UCTS. otherwise made available by this or any other ployment actions, hereafter referred to as Per- ‘‘(a) REGULATIONS.— Act may be used to carry out provision of sec- sonal Service Agreements (PSA), are authorized ‘‘(1) IN GENERAL.—Notwithstanding sections tion 612 of Public Law 105–185. to be negotiated, the terms of the PSA to be pre- 301(d), 301(t), and 801(a), the Secretary, after SEC. 733. None of the funds appropriated or scribed and work to be performed, where nec- consultation with the United States Trade Rep- otherwise made available by this Act may be essary, without regard to such statutory provi- resentative and the Commissioner of Customs, used to declare excess or surplus all or part of sions as related to the negotiation, making and shall promulgate regulations permitting impor- the lands and facilities owned by the Federal performance of contracts and performance of tation into the United States of covered prod- Government and administered by the Secretary work in the United States: Provided, That indi- ucts. of Agriculture at Fort Reno, Oklahoma, or to viduals employed under a PSA to perform such ‘‘(2) LIMITATION.—Regulations promulgated transfer or convey such lands or facilities prior services outside the United States shall not, by under paragraph (1) shall— to July 1, 2001, without the specific authoriza- virtue of such employment, be considered em- ‘‘(A) require that safeguards are in place that tion of Congress. ployees of the United States government for pur- provide a reasonable assurance to the Secretary SEC. 734. None of the funds appropriated or poses of any law administered by the Office of that each covered product that is imported is otherwise made available by this Act or any Personnel Management: Provided further, That safe and effective for its intended use; other Act shall be used for the implementation such individuals may be considered employees ‘‘(B) require that the pharmacist or whole- of a Support Services Bureau or similar organi- within the meaning of the Federal Employee saler importing a covered product complies with zation. Compensation Act, 5 U.S.C. 8101 et seq.: Pro- the provisions of subsection (b); and SEC. 735. Notwithstanding any other provision vided further, That Government service credit ‘‘(C) contain such additional safeguards as of law, for any fiscal year, in the case of a high shall be accrued for the time employed under a the Secretary may specify in order to ensure the cost, isolated rural area of the State of Alaska PSA should the individual later be hired into a protection of the public health of patients in the that is not connected to a road system— permanent U.S. Government position if their au- United States. (1) in the case of assistance provided by the thorities so permit. ‘‘(3) RECORDS.—Regulations promulgated Rural Housing Service for single family housing SEC. 738. None of the funds made available by under paragraph (1) shall require that records under title V of the Housing Act of 1949 (7 this Act or any other Act may be used to close regarding such importation described in sub- U.S.C. 1471 et seq.), the maximum income level or relocate a state Rural Development office un- section (b) be provided to and maintained by the for the assistance shall be 150 percent of the av- less or until cost effectiveness and enhancement Secretary for a period of time determined to be erage income level in metropolitan areas of the of program delivery have been determined. necessary by the Secretary. State; SEC. 739. Of any shipments of commodities ‘‘(b) IMPORTATION.— (2) in the case of community facility loans and made pursuant to Section 416(b) of the Agricul- ‘‘(1) IN GENERAL.—The Secretary shall pro- grants provided under paragraphs (1) and (19), tural Act of 1949 (7 U.S.C. 1431(b)), the Sec- mulgate regulations permitting a pharmacist or respectively, of section 306(a) of the Consoli- retary of Agriculture shall, to the extent prac- wholesaler to import into the United States a dated Farm and Rural Development Act (7 ticable, direct that tonnage equal in value to not covered product. U.S.C. 1926(a)) and assistance provided under less than $25,000,000 shall be made available to ‘‘(2) REGULATIONS.—Regulations promulgated programs carried out by the Rural Utilities Serv- foreign countries to assist in mitigating the ef- under paragraph (1) shall require such phar- ice, the maximum income level for the loans, fects of the Human Immunodeficiency Virus and macist or wholesaler to provide information and grants, and assistance shall be 150 percent of Acquired Immune Deficiency Syndrome on com- records to the Secretary, including— the average income level in nonmetropolitan munities, including the provision of— ‘‘(A) the name and amount of the active in- areas of the State; (1) agricultural commodities to— gredient of the product and description of the (3) in the case of a business and industry (A) individuals with Human Immuno- dosage form; guaranteed loan made under section 310B(a)(1) deficiency Virus or Acquired Immune Deficiency ‘‘(B) the date that such product is shipped of the Consolidated Farm and Rural Develop- Syndrome in the communities, and and the quantity of such product that is ment Act (7 U.S.C. 1932(a)(1)), to the extent per- (B) households in the communities, particu- shipped, points of origin and destination for mitted under that Act, the Secretary of Agri- larly individuals caring for orphaned children; such product, the price paid for such product, culture shall— and and the resale price for such product; (A) guarantee the repayment of 90 percent of (2) agricultural commodities monetized to pro- ‘‘(C) documentation from the foreign seller the principal and interest due on the loan; and vide other assistance (including assistance specifying the original source of the product (B) charge a loan origination and servicing under microcredit and microenterprise pro- and the amount of each lot of the product origi- fee in an amount not to exceed 1 percent of the grams) to create or restore sustainable liveli- nally received; amount of the loan; and hoods among individuals in the communities, ‘‘(D) the manufacturer’s lot or control number (4) in the case of assistance provided under particularly individuals caring for orphaned of the product imported; the Rural Community Development Initiative for children. ‘‘(E) the name, address, and telephone number fiscal year 2000 carried out under the rural com- SEC. 740. AMENDMENT TO FEDERAL FOOD, of the importer, including the professional li- munity advancement program established under DRUG, AND COSMETIC ACT. (a) SHORT TITLE.— cense number of the importer, if the importer is subtitle E of the Consolidated Farm and Rural This section may be cited as the ‘‘Medicine Eq- a pharmacist or pharmaceutical wholesaler; Development Act (7 U.S.C. 2009 et seq.), the me- uity and Drug Safety Act of 2000’’. ‘‘(F) for a product that is— dian household income level, and the not em- (b) FINDINGS.—Congress makes the following ‘‘(i) coming from the first foreign recipient of ployed rate, with respect to applicants for as- findings: the product who received such product from the sistance under the Initiative shall be scored on (1) The cost of prescription drugs for Ameri- manufacturer— a community-by-community basis. cans continues to rise at an alarming rate. ‘‘(I) documentation demonstrating that such SEC. 736. Hereafter, notwithstanding any (2) Millions of Americans, including medicare product came from such recipient and was re- other provision of law, no housing or residence beneficiaries on fixed incomes, face a daily ceived by such recipient from such manufac- in a foreign country purchased by an agent or choice between purchasing life-sustaining pre- turer; instrumentality of the United States, for the scription drugs, or paying for other necessities, ‘‘(II) documentation of the amount of each lot purpose of housing the agricultural attache´, such as food and housing. of the product received by such recipient to dem- shall be sold or disposed of without the approval (3) Many life-saving prescription drugs are onstrate that the amount being imported into of the Foreign Agricultural Service of the available in countries other than the United the United States is not more than the amount United States Department of Agriculture, in- States at substantially lower prices, even though that was received by such recipient; cluding property purchased using foreign cur- such drugs were developed and are approved for ‘‘(III) documentation that each lot of the ini- rencies generated under the Agricultural Trade use by patients in the United States. tial imported shipment was statistically sampled Development and Assistance Act of 1954 (Public (4) Many Americans travel to other countries and tested for authenticity and degradation by Law 480) and used or occupied by agricultural to purchase prescription drugs because the the importer or manufacturer of such product; attache´s of the Foreign Agricultural Service: medicines that they need are unaffordable in ‘‘(IV) documentation demonstrating that a Provided, That the Department of State/Office the United States. statistically valid sample of all subsequent ship- of Foreign Buildings may sell such properties (5) Americans should be able to purchase ments from such recipient was tested at an ap- with the concurrence of the Foreign Agricul- medicines at prices that are comparable to prices propriate United States laboratory for authen- tural Service if the proceeds are used to acquire for such medicines in other countries, but efforts ticity and degradation by the importer or manu- suitable properties of appropriate size for For- to enable such purchases should not endanger facturer of such product; and eign Agricultural Service agricultural attache´s: the gold standard for safety and effectiveness ‘‘(V) certification from the importer or manu- Provided further, That the Foreign Agricultural that has been established and maintained in the facturer of such product that the product is ap- Service shall have the right to occupy such resi- United States. proved for marketing in the United States and dences in perpetuity with costs limited to appro- (c) AMENDMENT.—Chapter VIII of the Federal meets all labeling requirements under this Act; priate maintenance expenses. Food, Drug, and Cosmetic Act (21 U.S.C. 381 et and SEC. 737. Hereafter, funds appropriated to the seq.) is amended— ‘‘(ii) not coming from the first foreign recipi- Department of Agriculture may be used to em- (1) in section 801(d)(1), by inserting ‘‘and sec- ent of the product, documentation that each lot ploy individuals to perform services outside the tion 804’’ after ‘‘paragraph (2)’’; and in all shipments offered for importation into the

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United States was statistically sampled and test- Farm Service Agency that is using FINPACK on ‘‘(B) OTHER ISSUES.—The mediation program ed for authenticity and degradation by the im- May 17, 1999, for financial planning and credit of a qualifying State may provide mediation porter or manufacturer of such product, and analysis, to discontinue use of FINPACK for six services to persons described in paragraph (2) meets all labeling requirements under this Act; months from the date of enactment of this Act. that are involved in 1 or more of the following ‘‘(G) laboratory records, including complete SEC. 743. Hereafter, the Secretary of Agri- issues under the jurisdiction of the Department data derived from all tests necessary to assure culture shall consider any borrower whose in- of Agriculture: that the product is in compliance with estab- come does not exceed 115 percent of the median ‘‘(i) Wetlands determinations. lished specifications and standards; and family income of the United States as meeting ‘‘(ii) Compliance with farm programs, includ- ‘‘(H) any other information that the Secretary the eligibility requirements for a borrower con- ing conservation programs. determines is necessary to ensure the protection tained in section 502(h)(2) of the Housing Act of ‘‘(iii) Agricultural credit. of the public health of patients in the United 1949 (42 U.S.C. 1472(h)(2)). ‘‘(iv) Rural water loan programs. States. SEC. 744. SENSE OF THE SENATE REGARDING ‘‘(v) Grazing on National Forest System land. ‘‘(c) TESTING.—Testing referred to in subpara- PREFERENCE FOR ASSISTANCE FOR VICTIMS OF ‘‘(vi) Pesticides. graphs (F) and (G) of subsection (b)(2) shall be DOMESTIC VIOLENCE. It is the sense of the Sen- ‘‘(vii) Such other issues as the Secretary con- done by the pharmacist or wholesaler importing ate that the Secretary of Agriculture, in select- siders appropriate. such product, or the manufacturer of the prod- ing public agencies and nonprofit organizations ‘‘(2) PERSONS ELIGIBLE FOR MEDIATION.—The uct. If such tests are conducted by the phar- to provide transitional housing under section persons referred to in paragraph (1) include— macist or wholesaler, information needed to au- 592(c) of subtitle G of title IV of the Stewart B. ‘‘(A) agricultural producers; thenticate the product being tested and confirm McKinney Homeless Assistance Act (42 U.S.C. ‘‘(B) creditors of producers (as applicable); that the labeling of such product complies with 11408a(c)), should consider preferences for agen- and labeling requirements under this Act shall be cies and organizations that provide transitional ‘‘(C) persons directly affected by actions of supplied by the manufacturer of such product to housing for individuals and families who are the Department of Agriculture.’’; and the pharmacist or wholesaler, and as a condi- homeless as a result of domestic violence. (2) by adding at the end the following: tion of maintaining approval by the Food and SEC. 745. NATURAL CHEESE STANDARD.—(a) ‘‘(d) DEFINITION OF MEDIATION SERVICES.—In Drug Administration of the product, such infor- PROHIBITION.—Section 401 of the Federal Food, this section, the term ‘mediation services’, with mation shall be kept in strict confidence and Drug, and Cosmetic Act (21 U.S.C. 341) is respect to mediation or a request for mediation, used only for purposes of testing under this Act. amended— may include all activities related to— ‘‘(d) STUDY AND REPORT.— (1) by striking ‘‘Whenever’’ and inserting ‘‘(a) ‘‘(1) the intake and scheduling of cases; ‘‘(1) STUDY.—The Secretary shall conduct, or Whenever’’; and ‘‘(2) the provision of background and selected contract with an entity to conduct, a study on (2) by adding at the end the following: information regarding the mediation process; the imports permitted under this section, taking ‘‘(b) The Commissioner may not use any Fed- ‘‘(3) financial advisory and counseling serv- into consideration the information received eral funds to amend section 133.3 of title 21, ices (as appropriate) performed by a person under subsections (a) and (b). In conducting Code of Federal Regulations (or any cor- other than a State mediation program mediator; such study, the Secretary or entity shall— responding similar regulation or ruling), to in- and ‘‘(A) evaluate importers’ compliance with reg- clude dry ultra-filtered milk or casein in the def- ‘‘(4) the mediation session.’’. ulations, and the number of shipments, if any, inition of the term ‘milk’ or ‘nonfat milk’, as (b) USE OF MEDIATION GRANTS.—Section permitted under this section that have been de- specified in the standards of identity for cheese 502(c) of the Agricultural Credit Act of 1987 (7 termined to be counterfeit, misbranded, or adul- and cheese products published at part 133 of U.S.C. 5102(c)) is amended— terated; and title 21, Code of Federal Regulations (or any (1) by striking ‘‘Each’’ and inserting the fol- ‘‘(B) consult with the United States Trade corresponding similar regulation or ruling).’’. lowing: Representative and United States Patent and (b) IMPORTATION STUDY.—Not later than 90 ‘‘(1) IN GENERAL.—Each’’; and Trademark Office to evaluate the effect of im- days after the date of enactment of this Act, the (2) by adding at the end the following: portations permitted under this Act on trade Comptroller General of the United States shall— ‘‘(2) OPERATION AND ADMINISTRATION EX- and patent rights under Federal law. (1) conduct a study to determine— PENSES.—For purposes of paragraph (1), oper- ‘‘(2) REPORT.—Not later than 5 years after the (A) the quantity of ultra-filtered milk that is ation and administration expenses for which a effective date of final regulations issued pursu- imported annually into the United States; and grant may be used include— ant to this section, the Secretary shall prepare (B) the end use of that imported milk; and ‘‘(A) salaries; and submit to Congress a report containing the (2) submit to Congress a report that describes ‘‘(B) reasonable fees and costs of mediators; study described in paragraph (1). the results of the study. ‘‘(C) office rent and expenses, such as utilities ‘‘(e) CONSTRUCTION.—Nothing in this section SEC. 746. None of the funds appropriated by and equipment rental; shall be construed to limit the statutory, regu- this Act to the United States Department of Ag- ‘‘(D) office supplies; latory, or enforcement authority of the Sec- riculture may be used to implement or admin- ‘‘(E) administrative costs, such as workers’ retary relating to importation of covered prod- ister the final rule issued in docket number 97– compensation, liability insurance, the employ- ucts, other than the importation described in 110, at 65 Federal Register 37608–37669 until er’s share of Social Security, and necessary subsections (a) and (b). such time as the USDA completes an inde- travel; ‘‘(f) DEFINITIONS.—In this section: pendent peer review of the rule and the risk as- ‘‘(F) education and training; ‘‘(1) COVERED PRODUCT.—The term ‘covered sessment underlying the rule. ‘‘(G) security systems necessary to ensure the product’ means a prescription drug under sec- SEC. 747. DAIRY EXPORT INCENTIVE PRO- confidentiality of mediation sessions and records tion 503(b)(1) that meets the applicable require- GRAM.—Section 153(c) of the Food Security Act of mediation sessions; ments of section 505, and is approved by the of 1985 (15 U.S.C. 713a–14(c)) is amended— ‘‘(H) costs associated with publicity and pro- Food and Drug Administration and manufac- (1) in paragraph (3), by striking ‘‘and’’ at the motion of the mediation program; tured in a facility identified in the approved ap- end; ‘‘(I) preparation of the parties for mediation; plication and is not adulterated under section (2) in paragraph (4), by striking the period at and 501 or misbranded under section 502. the end and inserting ‘‘; and’’; and ‘‘(J) financial advisory and counseling serv- ‘‘(2) PHARMACIST.—The term ‘pharmacist’ (3) by adding at the end the following: ices for parties requesting mediation.’’. means a person licensed by a State to practice ‘‘(5)(A) any award entered into under the pro- (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- pharmacy in the United States, including the gram that is canceled or voided after June 30, tion 506 of the Agricultural Credit Act of 1987 (7 dispensing and selling of prescription drugs. 1995, is made available for reassignment under U.S.C. 5106) is amended by striking ‘‘2000’’ and ‘‘(3) WHOLESALER.—The term ‘wholesaler’ the program as long as a World Trade Organiza- inserting ‘‘2005’’. means a person licensed as a wholesaler or dis- tion violation is not incurred; and SEC. 749. GOOD FAITH RELIANCE. The Food Se- tributor of prescription drugs in the United ‘‘(B) any reassignment under subparagraph curity Act of 1985 is amended by inserting after States. (A) is not reported as a new award when report- section 1230 (16 U.S.C. 3830) the following: ‘‘(g) CONDITIONS.—This section shall become ing the use of the reassigned tonnage to the ‘‘SEC. 1230A. GOOD FAITH RELIANCE. effective only if the Secretary of the Department World Trade Organization.’’. ‘‘(a) IN GENERAL.—Except as provided in sub- of Health and Human Services certifies to the SEC. 748. STATE AGRICULTURAL MEDIATION section (d) and notwithstanding any other pro- Congress that the implementation of this section PROGRAMS. (a) ELIGIBLE PERSON; MEDIATION vision of this chapter, the Secretary shall pro- will— SERVICES.—Section 501 of the Agricultural Cred- vide equitable relief to an owner or operator ‘‘(1) pose no risk to the public’s health and it Act of 1987 (7 U.S.C. 5101) is amended— that has entered into a contract under this safety; and (1) in subsection (c), by striking paragraphs chapter, and that is subsequently determined to ‘‘(2) result in a significant reduction in the (1) and (2) and inserting the following: be in violation of the contract, if the owner or cost of covered products to the American con- ‘‘(1) ISSUES COVERED.— operator in attempting to comply with the terms sumer.’’. ‘‘(A) IN GENERAL.—To be certified as a quali- of the contract and enrollment requirements SEC. 741. Section 2111(a)(3) of the Organic fying State, the mediation program of the State took actions in good faith reliance on the action Foods Production Act of 1990 (7 U.S.C. 651(a)(3)) must provide mediation services to persons de- or advice of an authorized representative of the is amended by adding after ‘‘sulfites,’’ ‘‘except scribed in paragraph (2) that are involved in ag- Secretary. in the production of wine,’’. ricultural loans (regardless of whether the loans ‘‘(b) TYPES OF RELIEF.—The Secretary shall— SEC. 742. None of the funds made available by are made or guaranteed by the Secretary or ‘‘(1) to the extent the Secretary determines this Act may be used to require an office of the made by a third party). that an owner or operator has been injured by

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good faith reliance described in subsection (a), FEDERAL CROP INSURANCE CORPORATION FUND January 1, 2000, for applications responding to allow the owner or operator to do any one or For an additional amount for the Federal water shortages resulting from the designated more of the following— Crop Insurance Corporation Fund, up to emergency: Provided further, That the entire ‘‘(A) to retain payments received under the $13,000,000, to provide premium discounts to amount necessary to carry out this section shall contract; purchasers of crop insurance reinsured by the be available only to the extent that an official ‘‘(B) to continue to receive payments under Corporation (except for catastrophic risk protec- budget request for $50,000,000, that includes des- the contract; tion coverage), as authorized under section ignation of the entire amount of the request as ‘‘(C) to keep all or part of the land covered by 1102(g)(2) of the Agriculture, Rural Develop- an emergency requirement as defined in the Bal- the contract enrolled in the applicable program ment, Food and Drug Administration and Re- anced Budget and Emergency Deficit Control under this chapter; lated Agencies Appropriations Act, 1999 (Public Act of 1985, as amended, is transmitted by the ‘‘(D) to reenroll all or part of the land covered Law 105–277): Provided, That the entire amount President to the Congress: Provided further, by the contract in the applicable program under is designated by the Congress as an emergency That the entire amount is designated by the this chapter; or requirement pursuant to section 251(b)(2)(A) of Congress as an emergency requirement pursuant ‘‘(E) or any other equitable relief the Sec- the Balanced Budget and Emergency Deficit to section 251(b)(2)(A) of such Act. For an additional amount for the rural com- retary deems appropriate; and Control Act of 1985, as amended. ‘‘(2) require the owner or operator to take munity advancement program under subtitle E such actions as are necessary to remedy any NATURAL RESOURCES CONSERVATION SERVICE of the Consolidated Farm and Rural Develop- failure to comply with the contract. WATERSHED AND FLOOD PREVENTION OPERATIONS ment Act (7 U.S.C. 2009 et seq.), $50,000,000, to ‘‘(c) RELATION TO OTHER LAW.—The author- For an additional amount for ‘‘Watershed and remain available until expended, to provide ity to provide relief under this section shall be in Flood Prevention Operations’’, to repair dam- loans under the community facility direct and addition to any other authority provided in this ages to the waterways and watersheds, includ- guaranteed loans program and grants under the or any other Act. ing the purchase of floodplain easements, result- community facilities grant program under para- ‘‘(d) EXCEPTION.—This section shall not apply ing from natural disasters, $70,000,000, to remain graphs (1) and (19), respectively, of section to a pattern of conduct in which an authorized available until expended: Provided, That funds 306(a) of that Act (7 U.S.C. 1926(a)) with respect representative of the Secretary takes actions or shall be used for activities identified by July 18, to areas in the State of North Carolina subject provides advice with respect to an owner or op- 2000: Provided further, That the entire amount to a declaration of a major disaster under the erator that the representative and the owner or shall be available only to the extent an official Robert T. Stafford Disaster Relief and Emer- operator know are inconsistent with applicable budget request for $70,000,000, that includes des- gency Assistance Act (42 U.S.C. 5121 et seq.) as law (including regulations). ignation of the entire amount of the request as a result of Hurricane Floyd, Hurricane Dennis, ‘‘(e) APPLICABILITY OF RELIEF.—Relief under an emergency requirement as defined in the Bal- or Hurricane Irene: Provided, That the this section shall be available for contracts in anced Budget and Emergency Deficit Control $50,000,000 shall be available only to the extent effect on January 1, 2000 and for all subsequent Act of 1985, as amended, is transmitted by the that the President submits to Congress an offi- contracts.’’. President to the Congress: Provided further, cial budget request for a specific dollar amount SEC. 750. AVAILABILITY OF DATA ON IMPORTED That the entire amount is designated by the that includes designation of the entire amount HERBS. The Secretary of Agriculture and the Congress as an emergency requirement pursuant of the request as an emergency requirement for Secretary of the Treasury shall publish and oth- to section 251(b)(2)(A) of such Act. the purposes of the Balanced Budget and Emer- erwise make available (including through elec- RURAL COMMUNITY ADVANCEMENT PROGRAM gency Deficit Control Act of 1985 (2 U.S.C. 900 et tronic media) data collected monthly by each seq.): Provided further, That the $50,000,000 is For an additional amount for the Rural Com- Secretary on herbs imported into the United designated by Congress as an emergency re- munity Advancement Program, $50,000,000 to States. quirement under section 251(b)(2)(A) of the Bal- provide grants pursuant to the Rural Commu- DIVISION B anced Budget and Emergency Deficit Control nity Facilities Grant Program for areas of ex- Act of 1985 (2 U.S.C. 901(b)(2)(A)). The following sums are appropriated, out of treme unemployment or economic depression, any money in the Treasury not otherwise appro- subject to authorization: Provided, That the en- RURAL UTILITIES SERVICE priated, for the fiscal year ending September 30, tire amount shall be available only to the extent RURAL ELECTRIFICATION AND 2000, and for other purposes, namely: an official budget request for $50,000,000, that TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT TITLE I includes designation of the entire amount of the For additional five percent rural electrifica- request as an emergency requirement as defined tion loans pursuant to the authority of section NATURAL DISASTER ASSISTANCE AND 305 of the Rural Electrification Act of 1936 (7 OTHER EMERGENCY APPROPRIATIONS by the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted U.S.C. 935), $111,111,000. CHAPTER 1 by the President to the Congress: Provided fur- For the additional cost, as defined in section DEPARTMENT OF AGRICULTURE ther, That the entire amount is designated by 502 of the Congressional Budget Act of 1974, in- ANIMAL AND PLANT HEALTH INSPECTION SERVICE the Congress as an emergency requirement pur- cluding the cost of modifying loans, of five per- cent rural electrification loans authorized by SALARIES AND EXPENSES suant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of the Rural Electrification Act of 1936 (7 U.S.C. For an additional amount for ‘‘Salaries and 1985, as amended. 935), $1,000,000: Provided, That the entire Expenses’’, $59,400,000, to be available until Sep- For an additional amount for the Rural Com- amount shall be available only to the extent an tember 30, 2001: Provided, That this amount munity Advancement Program, $30,000,000 to official budget request for $1,000,000, that in- shall be used for the boll weevil eradication pro- provide grants pursuant to the Rural Utility cludes designation of the entire amount of the gram for cost share purposes or for debt retire- Service Grant Program for rural communities request as an emergency requirement as defined ment for active eradication zones: Provided, with extremely high energy costs, subject to au- in the Balanced Budget and Emergency Deficit That the entire amount shall be available only thorization: Provided, That the entire amount Control Act of 1985, as amended, is transmitted to the extent an official budget request for shall be available only to the extent an official by the President to the Congress: Provided fur- $59,400,000, that includes designation of the en- budget request for $30,000,000, that includes des- ther, That the entire amount is designated by tire amount of the request as an emergency re- ignation of the entire amount of the request as the Congress as an emergency requirement pur- quirement as defined in the Balanced Budget an emergency requirement as defined by the suant to section 251 (b)(2)(A) of such Act. and Emergency Deficit Control Act of 1985, as Balanced Budget and Emergency Deficit Con- GENERAL PROVISIONS—THIS CHAPTER amended, is transmitted by the President to the trol Act of 1985, as amended, is transmitted by SEC. 1101. Notwithstanding section 11 of the Congress: Provided further, That the entire the President to the Congress: Provided further, Commodity Credit Corporation Charter Act (15 amount is designated by Congress as an emer- That the entire amount is designated by the U.S.C. 714i), an additional $35,000,000, to remain gency requirement pursuant to section Congress as an emergency requirement pursuant available until expended, shall be provided 251(b)(2)(A) of such Act. to section 251(b)(2)(A) of the Balanced Budget through the Commodity Credit Corporation in GRAIN INSPECTION, PACKERS AND STOCKYARDS and Emergency Deficit Control Act of 1985, as fiscal year 2000 for technical assistance activi- ADMINISTRATION amended. ties performed by any agency of the Department For an additional amount for the Grain In- For an additional amount for the Rural Com- of Agriculture in carrying out the Conservation spection, Packers and Stockyards Administra- munity Advancement Program, $50,000,000, for Reserve Program and the Wetlands Reserve Pro- tion, $600,000 for completion of a biotechnology the cost of direct loans and grants of the rural gram funded by the Commodity Credit Corpora- reference facility: Provided, That the entire utilities programs described in section 381E(d)(2) tion: Provided, That the entire amount shall be amount shall be available only to the extent an of the Consolidated Farm and Rural Develop- available only to the extent an official budget official budget request for $600,000, that includes ment Act (7 U.S.C. 2009f), as provided in 7 request for $35,000,000, that includes designation designation of the entire amount of the request U.S.C. 1926(a) and 7 U.S.C. 1926C for distribu- of the entire amount of the request as an emer- as an emergency requirement as defined in the tion through the national reserve for applica- gency requirement as defined in the Balanced Balanced Budget and Emergency Deficit Con- tions associated with a risk to public heath or Budget and Emergency Deficit Control Act of trol Act of 1985, as amended, is transmitted by the environment or a natural emergency: Pro- 1985, as amended, is transmitted by the Presi- the President to Congress: Provided further, vided, That of the amount provided by this dent to the Congress: Provided further, That the That the entire amount is designated by Con- paragraph, $10,000,000 may only be used in entire amount is designated by the Congress as gress as an emergency requirement in accord- counties which have received an emergency des- an emergency requirement pursuant to section ance with section 251(b)(2)(A) of that Act. ignation by the President or the Secretary after 251(b)(2)(A) of such Act.

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SEC. 1102. The paragraph under the heading SEC. 1106. The Secretary shall use the funds, (7 U.S.C. 1421 note; Public Law 106–78), or ‘‘Livestock Assistance’’ in chapter 1, title I of facilities and authorities of the Commodity under the matter under the heading ‘‘CROP LOSS H.R. 3425 of the 106th Congress, enacted by sec- Credit Corporation to make and administer sup- ASSISTANCE’’ under the heading ‘‘COMMODITY tion 1000(a)(5) of Public Law 106–113 (113 Stat. plemental payments to dairy producers who re- CREDIT CORPORATION FUND’’ of H.R. 3425 of the 1536) is amended by striking ‘‘during 1999’’ and ceived a payment under section 805 of Public 106th Congress, as enacted by section 1001(a)(5) inserting ‘‘from January 1, 1999, through Feb- Law 106–78 in an amount equal to 35 percent of of Public Law 106–113 (113 Stat. 1536, 1501A– ruary 7, 2000’’: Provided, That the entire the reduction in market value of milk produc- 289), to provide emergency financial assistance amount necessary to carry out this section shall tion in 2000, as determined by the Secretary, to producers on a farm that have incurred losses be available only to the extent that an official based on price estimates as of the date of enact- in a 1999 crop due to a disaster, the Secretary of budget request for the entire amount, that in- ment of this Act, from the previous 5-year aver- Agriculture shall consider nursery stock losses cludes designation of the entire amount of the age and on the base production of the producer caused by Hurricane Irene on October 16 and 17, request as an emergency requirement as defined used to make a payment under section 805 of 1999, to be losses to the 1999 crop of nursery in the Balanced Budget and Emergency Deficit Public Law 106–78: Provided, That these funds stock: Provided, That the entire amount nec- Control Act of 1985, as amended, is transmitted shall be available until September 30, 2001: Pro- essary to carry out this section shall be avail- by the President to the Congress: Provided fur- vided further, That the Secretary shall make able only to the extent that an official budget ther, That the entire amount is designated by payments to producers under this section in a request for the entire amount, that includes des- the Congress as an emergency requirement pur- manner consistent with and subject to the same ignation of the entire amount of the request as suant to section 251(b)(2)(A) of such Act. limitations on payments and eligible production an emergency requirement under the Balanced SEC. 1103. Hereafter, for the purposes of the as, the payments to dairy producers under sec- Budget and Emergency Deficit Control Act of Livestock Indemnity Program authorized in tion 805 of Public Law 106–78: Provided further, 1985 (2 U.S.C. 900 et seq.), is transmitted by the Public Law 105–18, the term ‘‘livestock’’ shall That the Secretary shall make provisions for President to Congress: Provided further, That have the same meaning as the term ‘‘livestock’’ making payments, in addition, to new pro- the entire amount necessary to carry out this under section 104 of Public Law 106–31. ducers: Provided further, That for any pro- section is designated by Congress as an emer- SEC. 1104. The Secretary shall use the funds, ducers, including new producers, whose base gency requirement pursuant to section facilities and authorities of the Commodity production was less than twelve months for pur- 251(b)(2)(A) of that Act (2 U.S.C. 901(b)(2)(A)). Credit Corporation to make and administer sup- poses of section 805 of Public Law 106–78, the SEC. 1109. Notwithstanding section 1237(b)(1) plemental payments to dairy producers who re- producer’s base production for the purposes of of the Food Security Act of 1985 (16 U.S.C. ceived a payment under section 805 of Public payments under this section may be, at the pro- 3837(b)(1)), the Secretary of Agriculture may Law 106–78 in an amount equal to thirty-five ducer’s option, the production of that producer permit the enrollment of not to exceed 1,075,000 percent of the reduction in market value of milk in the 12 months preceding the enactment of this acres in the wetlands reserve program: Provided, production in 2000, as determined by the Sec- section or the producer’s base production under That notwithstanding section 11 of the Com- retary, based on price estimates as of the date of the program operated under section 805 of Pub- modity Credit Corporation Charter Act (15 enactment of this Act, from the previous five- lic Law 106–78 subject to such limitations as U.S.C. 714i), such sums as may be necessary, to year average and on the base production of the apply to other producers: Provided further, remain available until expended, shall be pro- producer used to make a payment under section That the entire amount necessary to carry out vided through the Commodity Credit Corpora- 805 of Public Law 106–78: Provided, That the this section shall be available only to the extent tion in fiscal year 2000 for technical assistance Secretary shall make payments to producers that an official budget request for the entire activities performed by any agency of the De- under this section in a manner consistent with amount, that includes designation of the entire partment of Agriculture in carrying out this sec- and subject to the same limitations on payments amount of the request as an emergency require- tion: Provided further, That the entire amount and eligible production as the payments to dairy ment as defined in the Balanced Budget and necessary to carry out this section shall be producers under section 805 of Public Law 106– Emergency Deficit Control Act of 1985, as available only to the extent that an official 78: Provided further, That the Secretary shall amended, is transmitted by the President to the budget request for the entire amount, that in- make a determination as to whether a dairy pro- Congress: Provided further, That the entire cludes designation of the entire amount of the ducer is considered a new producer for purposes amount is designated by the Congress as an request as an emergency requirement as defined of section 805 by taking into account the number emergency requirement pursuant to section in the Balanced Budget and Emergency Deficit of months such producer has operated as a 251(b)(2)(A) of such Act. Control Act of 1985, as amended, is transmitted dairy producer in order to calculate a payment SEC. 1107. The Secretary shall use the funds, by the President to the Congress: Provided fur- rate for such producer: Provided further, That facilities and authorities of the Commodity ther, That the entire amount is designated by the entire amount necessary to carry out this Credit Corporation in an amount equal to the Congress as an emergency requirement pur- section shall be available only to the extent that $450,000,000 to make and administer payments suant to section 251(b)(2)(A) of such Act. an official budget request for the entire amount, for livestock losses using the criteria established SEC. 1110. In addition to other compensation that includes designation of the entire amount to carry out the 1999 Livestock Assistance Pro- paid by the Secretary of Agriculture, the Sec- of the request as an emergency requirement as gram (except for application of the national per- retary shall compensate or otherwise seek to defined in the Balanced Budget and Emergency centage reduction factor) to producers for 2000 make whole, from funds of the Commodity Cred- Deficit Control Act of 1985, as amended, is losses in a county which has received an emer- it Corporation, not to exceed $4,000,000, the transmitted by the President to the Congress: gency designation by the President or the Sec- owners of all sheep destroyed from flocks under Provided further, That the entire amount is des- retary after January 1, 2000, and shall be avail- the Secretary’s declarations of July 14, 2000 for ignated by the Congress as an emergency re- able until September 30, 2001: Provided, That the lost income, or other business interruption quirement pursuant to section 251(b)(2)(A) of Secretary shall give consideration to the effect losses, due to actions of the Secretary with re- such Act. of recurring droughts in establishing the level of spect to such sheep: Provided, That the entire SEC. 1105. Notwithstanding any other provi- payments to producers under this section: Pro- amount necessary to carry out this section shall sion of law, the Secretary of Agriculture may vided further, That of the $450,000,000 amount, be available only to the extent that an official use the funds, facilities and authorities of the the Secretary shall use not less than $5,000,000 budget request for the entire amount, that in- Commodity Credit Corporation to administer to provide assistance for emergency haying and cludes designation of the entire amount of the and make payments to: (a) compensate growers feed operations in the State of Alabama: Pro- request as an emergency requirement as defined whose crops could not be sold due to Mexican vided further, That of the funds made available in the Balanced Budget and Emergency Deficit fruit fly quarantines in San Diego and San by this section, up to $40,000,000 may be used to Control Act of 1985, as amended, is transmitted Bernardino/Riverside counties in California carry out the Pasture Recovery Program: Pro- by the President to the Congress: Provided fur- since their imposition on November 16, 1999, and vided further, That the payments to a producer ther, That the entire amount is designated by September 10, 1999, respectively; (b) compensate made available through the Pasture Recovery the Congress as an emergency requirement pur- growers in relation to the Secretary’s ‘‘Declara- Program shall be no less than 65 percent of the suant to section 251(b)(2)(A) of such Act. tion of Extraordinary Emergency’’ on March 2, average cost of reseeding: Provided further, SEC. 1111. Notwithstanding any other provi- 2000, regarding the plum pox virus; (c) com- That the entire amount necessary to carry out sion of law (including the Federal Grants and pensate growers for losses due to Pierce’s dis- this section shall be available only to the extent Cooperative Agreements Act) the Secretary of ease; and (d) compensate growers for losses in- that an official budget request for $450,000,000, Agriculture shall use not more than $40,000,000 curred due to infestations of grasshoppers and that includes designation of the entire amount of Commodity Credit Corporation funds for a co- mormon crickets: Provided, That the entire of the request as an emergency requirement as operative program with the State of Florida to amount necessary to carry out this section shall defined in the Balanced Budget and Emergency replace commercial trees removed to control cit- be available only to the extent that an official Deficit Control Act of 1985, as amended, is rus canker and to compensate for lost produc- budget request for the entire amount, that in- transmitted by the President to the Congress: tion: Provided, That the entire amount nec- cludes designation of the entire amount of the Provided further, That the entire amount is des- essary to carry out this section shall be avail- request as an emergency requirement as defined ignated by the Congress as an emergency re- able only to the extent that an official budget in the Balanced Budget and Emergency Deficit quirement pursuant to section 251(b)(2)(A) of request for the entire amount, that includes des- Control Act of 1985, as amended, is transmitted such Act. ignation of the entire amount of the request as by the President to the Congress: Provided fur- SEC. 1108. In using amounts made available an emergency requirement under the Balanced ther, That the entire amount is designated by under section 801(a) of the Agriculture, Rural Budget and Emergency Deficit Control Act of the Congress as an emergency requirement pur- Development, Food and Drug Administration, 1985 (2 U.S.C. et seq.), is transmitted by the suant to section 251(b)(2)(A) of such Act. and Related Agencies Appropriations Act, 2000 President to Congress: Provided further, That

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the entire amount necessary to carry out this (e) CROP INSURANCE.—In carrying out this culture shall use $100,000,000 of funds of the section is designated by Congress as an emer- section, the Secretary shall not discriminate Commodity Credit Corporation to make pay- gency requirement pursuant to section against or penalize producers on a farm that ments to apple producers. 251(b)(2)(A) of that Act (2 U.S.C. 901(b)(2)(A)). have purchased crop insurance under the Fed- (2) PAYMENT QUANTITY.— SEC. 1112. For an additional amount for the eral Crop Insurance Act (7 U.S.C. 1501 et seq.). (A) IN GENERAL.—Subject to subparagraph Secretary of Agriculture to provide financial as- (f) LIVESTOCK INDEMNITY PAYMENTS.—The (B), the payment quantity of apples for which sistance to the State of South Carolina in cap- Secretary may use such sums as are necessary of the producers on a farm are eligible for pay- italizing the South Carolina Grain Dealers funds made available under this section to make ments under this subsection shall be equal to the Guaranty Fund, $2,500,000: Provided, That, livestock indemnity payments to producers on a average quantity of the 1994 through 1999 crops these funds shall only be available if the State farm that have incurred losses during calendar of apples produced by the producers on the of South Carolina provides an equal amount to year 2000 for livestock losses due to a disaster, farm. the South Carolina Grain Dealers Guaranty as determined by the Secretary. (B) MAXIMUM QUANTITY.—The payment quan- Fund: Provided further, That the entire amount (g) HAY LOSSES.—The Secretary may use such tity of apples for which the producers on a farm necessary to carry out this section shall be sums as are necessary of funds made available are eligible for payments under this subsection available only to the extent that an official under this section to make payments to pro- shall not exceed 1,600,000 pounds of apples pro- budget request for the entire amount, that in- ducers on a farm that have incurred losses of duced on the farm. cludes designation of the entire amount of the hay stock during calendar year 2000 due to a (b) QUALITY LOSS PAYMENTS FOR APPLES AND request as an emergency requirement as defined disaster, as determined by the Secretary. POTATOES.—In addition to the assistance pro- in the Balanced Budget and Emergency Deficit (h) EMERGENCY REQUIREMENT.— vided under subsection (a), the Secretary shall Control Act of 1985, as amended, is transmitted (1) IN GENERAL.—The entire amount necessary use $60,000,000 of funds of the Commodity Credit by the President to the Congress: Provided fur- to carry out this section shall be available only Corporation to make payments to apple pro- ther, That the entire amount is designated by to the extent that an official budget request for ducers, and potato producers, that suffered the Congress as an emergency requirement pur- the entire amount, that includes designation of quality losses to the 1999 and 2000 crop of pota- suant to section 251(b)(2)(A) of such Act. the entire amount of the request as an emer- toes and apples, respectively, due to, or related SEC. 1113. (a) None of the funds appropriated gency requirement under the Balanced Budget or otherwise made available by this Act may be and Emergency Deficit Control Act of 1985 (2 to, a 1999 or 2000 hurricane, fireblight or other used to pay the salaries and expenses of per- U.S.C. 900 et seq.), is transmitted by the Presi- weather related disaster. sonnel of the Department of Agriculture to carry dent to Congress. (c) NONDUPLICATION OF PAYMENTS.—A pro- out section 211 of the Agricultural Risk Protec- (2) DESIGNATION.—The entire amount nec- ducer shall be ineligible for payments under this tion Act of 2000 (16 U.S.C. 3830 note; Public Law essary to carry out this section is designated by section with respect to a market or quality loss 106–224) unless— Congress as an emergency requirement pursuant for apples or potatoes to the extent that the pro- (1) the Secretary permits funds made available to section 251(b)(2)(A) of that Act (2 U.S.C. ducer is eligible for compensation or assistance under section 211(b) of the Agricultural Risk 901(b)(2)(A)). for the loss under any other Federal program, Protection Act of 2000 to be used to provide fi- SEC. 1115. SPECIALTY CROPS. (a) IN GEN- other than the Federal crop insurance program nancial or technical assistance to farmers and ERAL.—The Secretary of Agriculture shall use established under the Federal Crop Insurance ranchers for the purposes described in section such sums as are necessary of funds of the Com- Act (7 U.S.C. 1501 et seq.). 211(b) of that Act; and modity Credit Corporation to make emergency (d) EMERGENCY REQUIREMENT.— (2) notwithstanding section 387(c) of the Fed- financial assistance available to producers of (1) IN GENERAL.—The entire amount necessary eral Agriculture Improvement and Reform Act of fruits, vegetables, and other specialty crops, as to carry out this section shall be available only 1996 (16 U.S.C. 3836a(c)), the Secretary permits determined by the Secretary, that incurred to the extent that an official budget request for funds made available under section 211 of the losses during the 1999 crop year due to a dis- the entire amount, that includes designation of Agricultural Risk Protection Act of 2000 (16 aster, as determined by the Secretary. the entire amount of the request as an emer- U.S.C. 3830 note; Public Law 106–224) to be used (b) QUALIFYING LOSSES.—Assistance under gency requirement under the Balanced Budget to provide additional funding for the Wildlife this section may be made available for losses due and Emergency Deficit Control Act of 1985 (2 Habitat Incentive Program established under to a disaster associated with specialty crops that U.S.C. 900 et seq.) is transmitted by the Presi- that section 387 in such sums as the Secretary are, as determined by the Secretary— dent to Congress. considers necessary to carry out that Program. (1) quantity losses; (2) DESIGNATION.—The entire amount nec- (b) The entire amount necessary to carry out (2) quality losses; or essary to carry out this section is designated by this section shall be available only to the extent (3) severe economic losses. Congress as an emergency requirement pursuant that an official budget request for the entire (c) ELIGIBILITY.—Assistance under this section to section 251(b)(2)(A) of that Act (2 U.S.C. amount, that includes designation of the entire shall be applicable to losses for all specialty 901(b)(2)(A)). amount of the request as an emergency require- crops, as determined by the Secretary, due to ment as defined in the Balanced Budget and disasters. CHAPTER 2 Emergency Deficit Control Act of 1985, as (d) CROP INSURANCE.—In carrying out this DEPARTMENT OF DEFENSE—CIVIL amended, is transmitted by the President to the section, the Secretary shall not discriminate DEPARTMENT OF THE ARMY Congress: Provided, That the entire amount is against or penalize producers on a farm that CORPS OF ENGINEERS—CIVIL designated by the Congress as an emergency re- have purchased crop insurance under the Fed- quirement pursuant to section 251(b)(2)(A) of eral Crop Insurance Act (7 U.S.C. 1501 et seq.). FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- such Act. (e) EMERGENCY REQUIREMENT.— TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- SEC. 1114. CROP LOSS ASSISTANCE. (a) IN GEN- (1) IN GENERAL.—The entire amount necessary ISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE ERAL.—The Secretary of Agriculture shall use to carry out this section shall be available only For an additional amount for emergency re- such sums as are necessary of funds of the Com- to the extent that an official budget request for pairs and dredging due to the effects of drought modity Credit Corporation (not to exceed the entire amount, that includes designation of and other conditions, $10,000,000, to remain $450,000,000) to make emergency financial assist- the entire amount of the request as an emer- available until expended, which shall be avail- ance available to producers on a farm that have gency requirement under the Balanced Budget able only to the extent an official budget request incurred losses in a 2000 crop due to a disaster, and Emergency Deficit Control Act of 1985 (2 for a specific dollar amount that includes des- as determined by the Secretary. U.S.C. 900 et seq.), is transmitted by the Presi- ignation of the entire amount of the request as (b) ADMINISTRATION.—The Secretary shall dent to Congress. an emergency requirement as defined in the Bal- make assistance available under this section in (2) DESIGNATION.—The entire amount nec- anced Budget and Emergency Deficit Control the same manner as provided under section 1102 essary to carry out this section is designated by Act of 1985, as amended, is transmitted by the of the Agriculture, Rural Development, Food Congress as an emergency requirement pursuant President to the Congress: Provided, That the and Drug Administration, and Related Agencies to section 251(b)(2)(A) of that Act (2 U.S.C. entire amount is designated by the Congress as Appropriations Act, 1999 (7 U.S.C. 1421 note; 901(b)(2)(A)). an emergency requirement pursuant to section SEC. 1116. Notwithstanding any other provi- Public Law 105–277), including using the same 251(b)(2)(A) of the Balanced Budget and Emer- sion of law, the Secretary of Agriculture shall loss thresholds as were used in administering gency Deficit Control Act of 1985, as amended. make a payment in the amount $7,200,000 to the that section. OPERATION AND MAINTENANCE, GENERAL (c) QUALIFYING LOSSES.—Assistance under State of Hawaii from the Commodity Credit Cor- this section may be made available for losses due poration for assistance to an agricultural trans- For an additional amount for emergency re- to damaging weather or related condition (in- portation cooperative in Hawaii, the members of pairs and dredging due to storm damages, cluding losses due to scab, sclerotinia, aflotoxin, which are eligible to participate in the Farm $35,000,000, to remain available until expended, and other crop diseases) associated with crops Service Agency administered Commodity Loan of which such amounts for eligible navigation that are, as determined by the Secretary— Program and have suffered extraordinary mar- projects which may be derived from the Harbor (1) quantity losses (including quantity losses ket losses due to unprecedented low prices. Maintenance Trust Fund pursuant to Public as a result of quality losses); SEC. 1117. APPLE MARKET LOSS ASSISTANCE Law 99–662, shall be derived from that Fund: (2) quality losses; or AND QUALITY LOSS PAYMENTS FOR APPLES AND Provided, That the entire amount is designated (3) severe economic losses. POTATOES.—(a) APPLE MARKET LOSS ASSIST- by the Congress as an emergency requirement (d) CROPS COVERED.—Assistance under this ANCE.— pursuant to section 251(b)(2)(A) of the Balanced section shall be applicable to losses for all crops, (1) IN GENERAL.—In order to provide relief for Budget and Emergency Deficit Control Act of as determined by the Secretary, due to disasters. loss of markets for apples, the Secretary of Agri- 1985, as amended.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7570 CONGRESSIONAL RECORD — SENATE July 25, 2000 INDEPENDENT AGENCIES amended, is transmitted by the President to the Provided, That the entire amount is designated APPALACHIAN REGIONAL COMMISSION Congress. by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced For an additional amount necessary to carry NATIONAL PARK SERVICE Budget and Emergency Deficit Control Act of out the programs authorized by the Appa- CONSTRUCTION 1985, as amended. lachian Regional Development Act of 1965, as For an additional amount for ‘‘Construction’’, amended, $11,000,000, to remain available until $5,300,000, to remain available until expended, CAPITOL POLICE expended, which shall be available only to the to repair or replace visitor facilities, equipment, SALARIES extent an official budget request for $11,000,000, roads and trails, and cultural sites and artifacts For an additional amount for costs of over- that includes designation of the entire amount at national park units damaged by natural dis- time, $2,700,000, to be available to increase, in of the request as an emergency requirement as asters: Provided, That the entire amount is des- equal amounts, the amounts provided to the defined in the Balanced Budget and Emergency ignated by the Congress as an emergency re- House of Representatives and the Senate: Pro- Deficit Control Act of 1985, as amended, is quirement pursuant to section 251(b)(2)(A) of vided, That the entire amount is designated by transmitted by the President to the Congress: the Balanced Budget and Emergency Deficit the Congress as an emergency requirement pur- Provided, That the entire amount is designated Control Act of 1985, as amended: Provided fur- suant to section 251(b)(2)(A) of the Balanced by the Congress as an emergency requirement ther, That $1,300,000 shall be available only to Budget and Emergency Deficit Control Act of pursuant to section 251(b)(2)(A) of the Balanced the extent that an official budget request that 1985, as amended. includes designation of the entire amount as an Budget and Emergency Deficit Control Act of GENERAL PROVISION—THIS CHAPTER 1985, as amended. emergency as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as SEC. 1501. (a) Section 201 of the Legislative CHAPTER 3 amended, is transmitted by the President to the Branch Appropriations Act, 1993 (40 U.S.C. 216c DEPARTMENT OF THE INTERIOR Congress. note) is amended by striking ‘‘$10,000,000’’ each BUREAU OF LAND MANAGEMENT BUREAU OF INDIAN AFFAIRS place it appears and inserting ‘‘$14,500,000’’. (b) Section 201 of such Act is amended— MANAGEMENT OF LANDS AND RESOURCES OPERATION OF INDIAN PROGRAMS (1) by inserting ‘‘(a)’’ before ‘‘Pursuant’’, and For an additional amount for ‘‘Management For an additional amount for ‘‘Operation of (2) by adding at the end the following: of Lands and Resources’’, $17,172,000 to remain Indian Programs’’, $1,200,000, to remain avail- ‘‘(b) The Architect of the Capitol is authorized available until expended, of which $15,687,000 able until expended, for repair of the portions of to solicit, receive, accept, and hold amounts shall be used to address restoration needs the Yakama Nation’s Signal Peak Road that under section 307E(a)(2) of the Legislative caused by wildland fires and $1,485,000 shall be have the most severe damage: Provided, That Branch Appropriations Act, 1989 (40 U.S.C. used for the treatment of grasshopper and Mor- the entire amount is designated by the Congress 216c(a)(2)) in excess of the $14,500,000 author- mon Cricket infestations on lands managed by as an emergency requirement pursuant to sec- ized under subsection (a), but such amounts the Bureau of Land Management: Provided, tion 251(b)(2)(A) of the Balanced Budget and (and any interest thereon) shall not be expended Emergency Deficit Control Act of 1985, as That the entire amount is designated by the by the Architect without approval in appropria- amended: Provided further, That the entire Congress as an emergency requirement pursuant tion Acts as required under section 307E(b)(3) of amount shall be available only to the extent to section 251(b)(2)(A) of the Balanced Budget such Act (40 U.S.C. 216c(b)(3)).’’. and Emergency Deficit Control Act of 1985, as that an official budget request that includes CHAPTER 6 amended: Provided further, That the entire designation of the entire amount of the request amount shall be available only to the extent an as an emergency requirement as defined in the GENERAL PROVISION—THIS TITLE official budget request for a specific dollar Balanced Budget and Emergency Deficit Con- SEC. 1601. In addition to amounts appro- amount, that includes designation of the entire trol Act of 1985, as amended, is transmitted by priated or otherwise made available in Public amount of the request as an emergency require- the President to the Congress. Law 106–58 to the Department of the Treasury, ment as defined by such Act, is transmitted by CHAPTER 4 Department-wide Systems and Capital Invest- the President to the Congress. DEPARTMENT OF HEALTH AND HUMAN ments Programs, $123,000,000, to remain avail- UNITED STATES FISH AND WILDLIFE SERVICE SERVICES able until September 30, 2001, for maintaining and operating the current Customs Service RESOURCE MANAGEMENT HEALTH CARE FINANCING ADMINISTRATION PROGRAM MANAGEMENT Automated Commercial System: Provided, That For an additional amount for ‘‘Resource Man- the funds shall not be obligated until the Cus- agement’’, $1,500,000, to remain available until For an additional amount for ‘‘Program Man- agement’’, $15,000,000 to be available through toms Service has submitted to the Committees on expended, for support of the preparation and Appropriations an expenditure plan which has implementation of plans, programs, or agree- September 30, 2001: Provided, That the entire amount is designated by the Congress as an been approved by the Treasury Investment Re- ments, identified by the State of Idaho, that ad- view Board, the Department of the Treasury, dress habitat for freshwater aquatic species on emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer- and the Office of Management and Budget: Pro- nonfederal lands in the State voluntarily en- vided further, That none of the funds may be rolled in such plans, programs, or agreements, gency Deficit Control Act of 1985, as amended: Provided further, That the entire amount pro- obligated to change the functionality of the of which $200,000 shall be made available to the Automated Commercial System itself: Provided Boise, Idaho field office to participate in the vided shall be available only to the extent an of- ficial budget request that includes designation further, That the entire amount shall be avail- preparation and implementation of the plans, able only to the extent that an official budget programs or agreements, of which $300,000 shall of the entire amount of the request as an emer- gency requirement as defined in the Balanced request for $123,000,000, that includes designa- be made available to the State of Idaho for prep- tion of the entire amount as an emergency re- aration of the plans, programs, or agreements, Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the Presi- quirement as defined in the Balanced Budget including data collection and other activities as- and Emergency Deficit Control Act of 1985, as sociated with such preparation, and of which dent to the Congress. CHAPTER 5 amended, is transmitted by the President to the $1,000,000 shall be made available to the State of Congress: Provided further, That the entire LEGISLATIVE BRANCH Idaho to fund habitat enhancement, mainte- amount made available under this section is des- nance, or restoration projects consistent with JOINT ITEMS ignated by the Congress as an emergency re- such plans, programs, or agreements: Provided, CAPITOL POLICE BOARD quirement pursuant to section 251(b)(2)(A) of That the entire amount made available is des- SECURITY ENHANCEMENTS the Balanced Budget and Emergency Deficit ignated by the Congress as an emergency re- For an additional amount for costs associated Control Act of 1985, as amended. quirement under section 251(b)(2)(A) of the Bal- with security enhancements, as appropriated anced Budget and Emergency Deficit Control TITLE II under chapter 5 of title II of division B of the Act of 1985, as amended. SUPPLEMENTAL APPROPRIATIONS AND Omnibus Consolidated and Emergency Supple- OFFSETS CONSTRUCTION mental Appropriations Act, 1999 (Public Law For an additional amount for ‘‘Construction’’, 105–277), $11,874,000, to remain available until CHAPTER 1 $8,500,000, to remain available until expended, expended, of which— DEPARTMENT OF AGRICULTURE to repair or replace buildings, equipment, roads, (1) $10,000,000 shall be for security enhance- FOOD SAFETY AND INSPECTION SERVICE bridges, and water control structures damaged ments in connection with the initial implementa- From amounts appropriated under this head- by natural disasters and conduct critical habitat tion of the United States Capitol Police master ing in Public Law 106–78 not needed for federal restoration directly necessitated by natural dis- plan: Provided, That notwithstanding such food inspection, up to $6,000,000 may be used to asters: Provided, That the entire amount is des- chapter 5, such funds shall be available for fa- liquidate obligations incurred in previous years, ignated by the Congress as an emergency re- cilities located within or outside of the Capitol to the extent approved by the Director of the Of- quirement pursuant to section 251(b)(2)(A) of Grounds, and such security enhancements shall fice of Management and Budget based on docu- the Balanced Budget and Emergency Deficit be subject to the approval of the Committee on mentation provided by the Secretary of Agri- Control Act of 1985, as amended: Provided fur- Appropriations of the House of Representatives culture. ther, That $3,500,000 shall be available only to and the Committee on Appropriations of the the extent that an official budget request that Senate; and GENERAL PROVISIONS—THIS CHAPTER includes designation of the entire amount as an (2) $1,874,000 shall be for security enhance- SEC. 2101. Section 381A(1) of the Consolidated emergency as defined in the Balanced Budget ments to the buildings and grounds of the Li- Farm and Rural Development Act (7 U.S.C. and Emergency Deficit Control Act of 1985, as brary of Congress: 2009(1)) is amended as follows:

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‘‘(1) RURAL AND RURAL AREA.—The terms ‘‘(II) the farmer uses the loan to rebuild the CHAPTER 3 ‘rural and rural area’ mean, subject to 306(a)(7), chicken house in accordance with current in- DEPARTMENT OF LABOR a city or town that has a population of 50,000 dustry standards; EMPLOYMENT AND TRAINING ADMINISTRATION inhabitants or less, other than an urbanized ‘‘(III) the farmer obtains, for the term of the area immediately adjacent to a city or town that loan, hazard insurance for the full market value TRAINING AND EMPLOYMENT SERVICES has a population in excess of 50,000 inhabitants, of the chicken house; and For an additional amount for ‘‘Training and except for business and industry projects or fa- ‘‘(IV) the farmer meets the other requirements Employment Services’’, $40,000,000, to be avail- cilities described in section 310(B)(a)(1), a city or for the loan under this subtitle. able for obligation for the period April 1, 2000, town with a population in excess of 50,000 in- ‘‘(ii) AMOUNT.—Subject to the limitation con- through June 30, 2001, to be distributed by the habitants and its immediately adjacent urban- tained in section 324(a)(2), the amount of a loan Secretary of Labor to States for youth activities ized area shall be eligible for funding when the made to a poultry farmer under clause (i) shall in the local areas containing the 50 cities with primary economic beneficiaries of such projects be the difference between— the largest populations, as determined by the or facilities are producers of agriculture com- ‘‘(I) the amount of the hazard insurance ob- latest available Census data, in accordance with modities.’’. tained by the farmer; and the formula criteria for allocations to local areas SEC. 2102. Notwithstanding any other provi- ‘‘(II) the cost of rebuilding the chicken house contained in section 128(b)(2)(A)(i) of the Work- sion of law, the Natural Resources Conservation in accordance with current industry stand- force Investment Act: Provided, That the Service shall provide financial and technical as- ards.’’. amounts distributed to the States shall be dis- sistance to the Long Park Dam in Utah from SEC. 2107. Notwithstanding any other provi- tributed within each State to the designated funds available for the Emergency Watershed sion of law, the Sea Island Health Clinic located local areas without regard to section 127(a) and Program, not to exceed $4,500,000. on Johns Island, South Carolina, shall remain (b)(1) and section 128(a) of such Act. SEC. 2103. Notwithstanding any other provi- eligible for assistance and funding from the CHAPTER 4 sion of law, the Natural Resources Conservation Rural Development Community facilities pro- DEPARTMENT OF TRANSPORTATION AND Service shall provide financial and technical as- grams administered by the Department of Agri- RELATED AGENCIES sistance to the Kuhn Bayou (Point Remove) culture until such time new population data is GENERAL PROVISIONS—THIS CHAPTER Project in Arkansas from funds available for the available from the 2000 Census. Emergency Watershed Program, not to exceed SEC. 2401. Under the heading ‘‘Discretionary CHAPTER 2 $3,300,000. Grants’’ in Public Law 105–66, ‘‘$4,000,000 for SEC. 2104. Notwithstanding any other provi- DEPARTMENT OF JUSTICE the Salt Lake City regional commuter system sion of law, the Natural Resources Conservation DRUG ENFORCEMENT ADMINISTRATION project;’’ is amended to read ‘‘$4,000,000 for the Service shall provide financial and technical as- (DOMESTIC ENHANCEMENTS) transit and other transportation-related por- sistance to the Snake River Watershed project in METHAMPHETAMINE LAB CLEANUP ASSISTANCE tions of the Salt Lake City regional commuter Minnesota from funds available for the Emer- FOR STATE AND LOCAL LAW ENFORCEMENT system and Gateway Intermodal Terminal;’’. gency Watershed Program, not to exceed SEC. 2402. Notwithstanding any other provi- For an additional amount for drug enforce- $4,000,000. sion of law, the Commandant shall transfer ment administration, $5,000,000 for the Drug En- SEC. 2105. None of the funds made available in $8,000,000 identified in the conference report ac- this Act or in any other Act may be used to re- forcement Agency to assist in State and local companying Public Law 106–69 for ‘‘Unalaska, cover part or all of any payment erroneously methamphetamine lab cleanup (including reim- AK—pier’’ to the City of Unalaska, Alaska for made to any oyster fisherman in the State of bursement for costs incurred by State and local the construction of a municipal pier and other Connecticut for oyster losses under the program governments for lab cleanup since March 2000): harbor improvements: Provided, That the City of established under section 1102(b) of the Agri- Provided, That the entire amount shall be avail- Unalaska enter into an agreement with the culture, Rural Development, Food and Drug Ad- able only to the extent an official budget request United States to accommodate Coast Guard ves- ministration, and Related Agencies Appropria- for $5,000,000, that includes designation of the sels and support Coast Guard operations at Un- tions Act, 1999 (as contained in section 101(a) of entire amount of the request as an emergency alaska, Alaska. requirement as defined by the Balanced Budget Division A of the Omnibus Consolidated and SEC. 2403. From amounts previously made Emergency Supplemental Appropriations Act, and Emergency Deficit Control Act of 1985 is available in Public Law 106–69 (Department of 1999 (Public Law 105–277)), and the regulations transmitted by the President to the Congress: Transportation and Related Agencies Appro- issued pursuant to such section 1102(b). Provided further, That the entire amount is des- priations Act, 2000) for ‘‘Research, Engineering, SEC. 2106. Section 321(b) of the Consolidated ignated by the Congress as an emergency re- and Development’’, $600,000 shall be available Farm and Rural Development Act (7 U.S.C. quirement pursuant to section 251(b)(2)(A) of only for testing the potential for ultra-wideband 1961(b)) is amended by adding at the end the the Balanced Budget and Emergency Deficit signals to interfere with global positioning sys- following: Control Act of 1985. tem receivers by the National Telecommuni- ‘‘(3) LOANS TO POULTRY FARMERS.— RADIATION EXPOSURE COMPENSATION cations and Information Administration (NTIA): ‘‘(A) INABILITY TO OBTAIN INSURANCE.— PAYMENT TO RADIATION EXPOSURE Provided, That the results of said test be re- ‘‘(i) IN GENERAL.—Notwithstanding any other COMPENSATION TRUST FUND ported to the House and Senate Committees on provision of this subtitle, the Secretary may Appropriations not later than six months from make a loan to a poultry farmer under this sub- For an additional amount for ‘‘Payment to the date of enactment of this act. title to cover the loss of a chicken house for Radiation Exposure Compensation Trust Fund’’, $7,246,000. SEC. 2404. Notwithstanding any other provi- which the farmer did not have hazard insurance sion of law, there is appropriated to the Federal DEPARTMENT OF COMMERCE at the time of the loss, if the farmer— Highway Administration for transfer to the ‘‘(I) applied for, but was unable, to obtain NATIONAL OCEANIC AND ATMOSPHERIC Utah Department of Transportation, $35,000,000 hazard insurance for the chicken house; ADMINISTRATION ‘‘(II) uses the loan to rebuild the chicken for Interstate 15 reconstruction; such sums to re- OPERATIONS, RESEARCH, AND FACILITIES house in accordance with industry standards in main available until expended: Provided, That effect on the date the farmer submits an appli- For an additional amount for the account en- the Utah Department of Transportation shall cation for the loan (referred to in this para- titled ‘‘Operations, Research, and Facilities’’, make available from state funds $35,000,000 for graph as ‘current industry standards’); $3,000,000. transportation planning, and temporary and ‘‘(III) obtains, for the term of the loan, hazard DEPARTMENT OF STATE permanent transportation infrastructure im- provements for the Salt Lake City 2002 Olympic insurance for the full market value of the chick- PRESIDENTIAL ADVISORY COMMISSION ON Winter Games: Provided further, That the spe- en house; and HOLOCAUST ASSETS IN THE UNITED STATES ‘‘(IV) meets the other requirements for the cific planning activities and transportation in- loan under this subtitle. For an additional amount for the ‘‘Presi- frastructure projects identified for state funding ‘‘(ii) AMOUNT.—Subject to the limitation con- dential Advisory Commission on Holocaust As- shall be limited to the following projects in- tained in section 324(a)(2), the amount of a loan sets in the United States’’, as authorized by cluded in the Olympic Transportation Concept made to a poultry farmer under clause (i) shall Public Law 105–186, as amended, $1,400,000, to Plan approved by the Secretary of Transpor- be an amount that will allow the farmer to re- remain available until March 31, 2001, for the tation: build the chicken house in accordance with cur- direct funding of the activities of the Commis- (1) Planning rent industry standards. sion: Provided, That the entire amount is des- (2) Venue Load and Unload ‘‘(B) LOANS TO COMPLY WITH CURRENT INDUS- ignated by the Congress as an emergency re- (3) Transit Bus Project TRY STANDARDS.— quirement pursuant to section 251(b)(2)(A) of (4) Bus Maintenance Facilities ‘‘(i) IN GENERAL.—Notwithstanding any other the Balanced Budget and Emergency Deficit (5) Olympic Park & Ride Lots provision of this subtitle, the Secretary may Control Act of 1985, as amended: Provided fur- (6) North-South Light Rail Park & Ride Lot make a loan to a poultry farmer under this sub- ther, That the entire amount provided shall be Expansion. title to cover the loss of a chicken house for available only to the extent an official budget SEC. 2405. Notwithstanding any other provi- which the farmer had hazard insurance at the request that includes designation of the entire sion of law, the Secretary of Transportation time of the loss, if— amount of the request as an emergency require- may hereafter use Federal Highway Administra- ‘‘(I) the amount of the hazard insurance is ment as defined in the Balanced Budget and tion Emergency Relief funds as authorized less than the cost of rebuilding the chicken Emergency Deficit Control Act of 1985, as under 23 U.S.C. 125, to reconstruct or modify to house in accordance with current industry amended, is transmitted by the President to the a higher elevation roads that are currently im- standards; Congress. pounding water within a closed basin lake

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7572 CONGRESSIONAL RECORD — SENATE July 25, 2000 greater than fifty thousand acres: Provided, DEPARTMENT OF HEALTH AND HUMAN TITLE III That the structures on which the roadways are SERVICES GENERAL PROVISIONS—THIS DIVISION to be built shall be constructed to applicable ap- DEPARTMENTAL MANAGEMENT SEC. 3101. No part of any appropriation con- proved United States Army Corps of Engineers tained in this Act shall remain available for ob- design standards. PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND ligation beyond the current fiscal year unless SEC. 2406. Amtrak is authorized to obtain serv- expressly so provided herein. Of the funds appropriated for the Depart- ices from the Administrator of General Services, SEC. 3102. None of the funds made available ment’s year 2000 computer conversion activities and the Administrator is authorized to provide under this Act or any other Act shall be used by under this heading in the Department of Health services to Amtrak, under sections 201(b) and the Secretary of the Interior, in this or the suc- and Human Services Appropriations Act, 2000, 211(b) of the Federal Property and Administra- ceeding fiscal year, to promulgate final rules to as enacted by section 1000(a)(4) of the Consoli- tive Services Act of 1949 (40 U.S.C. 481(b) and revise or amend 43 C.F.R. Subpart 3809, except dated Appropriations Act, 2000 (Public Law 106– 491(b)) for fiscal year 2001 and each fiscal year that the Secretary may finalize amendments to 113), $40,000,000 is hereby canceled. thereafter until the fiscal year that Amtrak op- that Subpart that are limited to only the specific erates without Federal operating grant funds EXECUTIVE OFFICE OF THE PRESIDENT regulatory gaps identified at pages 7 through 9 appropriated for its benefit, as required by sec- UNANTICIPATED NEEDS of the National Research Council report entitled tions 24101(d) and 24104(a) of title 49, United ‘‘Hardrock Mining on Federal Lands’’ and that INFORMATION TECHNOLOGY SYSTEMS AND States Code. are consistent with existing statutory authori- RELATED EXPENSES CHAPTER 5 ties. Nothing in this section shall be construed Under this heading in division B, title III of OFFSETS to expand the existing statutory authority of the Public Law 105–277, strike ‘‘$2,250,000,000’’ and Secretary. DEPARTMENT OF AGRICULTURE insert ‘‘$2,015,000,000’’. SEC. 3103. No funds may be expended in fiscal OFFICE OF THE CHIEF INFORMATION OFFICER CHAPTER 6 year 2000 by the Federal Communications Com- Of the funds transferred to ‘‘Office of the GENERAL PROVISIONS—THIS TITLE mission to conduct competitive bidding proce- Chief Information Officer’’ for year 2000 conver- dures that involve mutually exclusive applica- SEC. 2601. Under the heading ‘‘Federal Com- tions where one or more of the applicants in a sion of Federal information technology systems munications Commission, Salaries and Ex- and related expenses pursuant to Division B, station, including an auxiliary radio booster or penses’’ in title V of H.R. 3421 of the 106th Con- translator station or television translator sta- Title III of Public Law 105–277, $2,435,000 of the gress, as enacted by section 1000(a)(1) of Public unobligated balances are hereby canceled. tion, licensed under section 397(6) of the Com- Law 106–113, delete ‘‘$210,000,000’’ and insert munications Act, whether broadcasting on re- DEPARTMENT OF JUSTICE ‘‘$215,800,000’’; in the first and third provisos served or non-reserved spectrum. delete ‘‘$185,754,000’’ and insert ‘‘$191,554,000’’ UNITED STATES PAROLE COMMISSION SEC. 3104. STUDY OF OREGON INLET, NORTH in each such proviso. CAROLINA, NAVIGATION PROJECT. (a) IN GEN- SALARIES AND EXPENSES SEC. 2602. At the end of the paragraph under ERAL.—Not later than 180 days after the date of (RESCISSION) the heading ‘‘Justice prisoner and alien trans- enactment of this Act, the Secretary of the Army Of the unobligated balances available under portation system fund, United States Marshals shall have conducted, and submitted to Con- this heading, $1,147,000 are rescinded. Service’’ in title I of H.R. 3421 of the 106th Con- gress, a restudy of the project for navigation, gress, as enacted by section 1000(a)(1) of Public LEGAL ACTIVITIES Manteo (Shallowbag) Bay, North Carolina, au- Law 106–113, add the following: ‘‘In addition, thorized by section 101 of the River and Harbor SALARIES AND EXPENSES, GENERAL LEGAL $13,500,000, to remain available until expended, Act of 1970 (84 Stat. 1818), to evaluate all rea- ACTIVITIES shall be available only for the purchase of two sonable alternatives, including nonstructural al- (RESCISSION) Sabreliner-class aircraft.’’. ternatives, to the authorized inlet stabilization Of the unobligated balances available under SEC. 2603. Title IV of the Departments of Com- project at Oregon Inlet. this heading for the Civil Division, $2,000,000 are merce, Justice, and State, the Judiciary, and Re- (b) REQUIRED ELEMENTS.—In carrying out rescinded. lated Agencies Appropriations Act, 2000 (as con- subsection (a), the Secretary of the Army shall— tained in Public Law 106–113) is amended in the (1) take into account the views of affected in- ASSET FORFEITURE FUND paragraph entitled ‘‘Diplomatic and consular terests; and (RESCISSION) programs’’ by inserting after the fourth proviso: (2)(A) take into account objectives in addition Of the unobligated balances available under ‘‘Provided further, That of the amount made to navigation, including— this heading, $13,500,000 are rescinded. available under this heading, $5,000,000, less (i) complying with the policies of the State of FEDERAL BUREAU OF INVESTIGATION any costs already paid, shall be used to reim- North Carolina regarding construction of struc- burse the City of Seattle and other Washington tural measures along State shores; and SALARIES AND EXPENSES state jurisdictions for security costs incurred in (ii) avoiding or minimizing adverse impacts to, (RESCISSION) hosting the Third World Trade Organization or benefiting, the Cape Hatteras National Sea- Of the unobligated balances available under Ministerial Conference:’’. shore and the Pea Island National Wildlife Ref- this heading for the Information Sharing Initia- SEC. 2604. Of the discretionary funds appro- uge; and tive, $15,000,000 are rescinded. priated to the Edward Byrne Memorial State (B) develop options that meet those objectives. and Local Law Enforcement Assistance Program TITLE IV—FOOD AND MEDICINE FOR THE IMMIGRATION AND NATURALIZATION SERVICE in fiscal year 2000, $1,000,000 shall be trans- WORLD ACT SALARIES AND EXPENSES ferred to the Violent Offender Incarceration and SEC. 4001. SHORT TITLE. ENFORCEMENT AND BORDER AFFAIRS Truth In Sentencing Incentive Grants Program This title may be cited as the ‘‘Food and Med- to be used for the construction costs of the (RESCISSION) icine for the World Act’’. Hoonah Spirit Camp, as authorized under sec- SEC. 4002. DEFINITIONS. Of the unobligated balances available under tion 20109(a) of subtitle A of title II of the 1994 In this title: this heading for Washington headquarters oper- Act. ations, including all unobligated balances avail- (1) AGRICULTURAL COMMODITY.—The term SEC. 2605. Title I of the Departments of Com- ‘‘agricultural commodity’’ has the meaning able for the Office of the Chief of the Border Pa- merce, Justice, and State, the Judiciary, and Re- trol, $5,000,000 are rescinded. given the term in section 102 of the Agricultural lated Agencies Appropriations Act, 2000 (as con- Trade Act of 1978 (7 U.S.C. 5602). CITIZENSHIP AND BENEFITS, IMMIGRATION tained in Public Law 106–113) is amended in the (2) AGRICULTURAL PROGRAM.—The term ‘‘agri- SUPPORT AND PROGRAM DIRECTION paragraph entitled ‘‘Federal Bureau of Inves- cultural program’’ means— (RESCISSION) tigation, Salaries and Expenses’’ by inserting (A) any program administered under the Agri- Of the unobligated balances available under after the third proviso the following new pro- cultural Trade Development and Assistance Act this heading for Washington headquarters oper- viso: ‘‘: Provided further, That in addition to of 1954 (7 U.S.C. 1691 et seq.); ations, $5,000,000 are rescinded. amounts made available under this heading, (B) any program administered under section $3,000,000 shall be available for the creation of a VIOLENT CRIME REDUCTION PROGRAMS 416 of the Agricultural Act of 1949 (7 U.S.C. new site for the National Domestic Preparedness 1431); (RESCISSION) Office outside of FBI Headquarters and the im- (C) any program administered under the Agri- Of the unobligated balances available under plementation of the ‘Blueprint’ with regard to cultural Trade Act of 1978 (7 U.S.C. 5601 et seq.); this heading for Washington headquarters oper- the National Domestic Preparedness Office’’. (D) the dairy export incentive program admin- ations, $5,000,000 are rescinded. SEC. 2606. Of the funds made available in fis- istered under section 153 of the Food Security OFFICE OF JUSTICE PROGRAMS cal year 2000 for the Department of Commerce, Act of 1985 (15 U.S.C. 713a–14); $1,000,000 shall be derived from the account enti- (E) any commercial export sale of agricultural JUSTICE ASSISTANCE tled ‘‘General Administration’’ and $500,000 commodities; or (RESCISSION) from the account entitled ‘‘Office of the Inspec- (F) any export financing (including credits or Of the amounts made available under this tor General’’ and made available for the Com- credit guarantees) provided by the United States heading for the Bureau of Justice Assistance, mission on Online Child Protection as estab- Government for agricultural commodities. $500,000 are rescinded from the Management lished under Title XIII of Public Law 105–825, (3) JOINT RESOLUTION.—The term ‘‘joint reso- and Administration activity. and extended by subsequent law. lution’’ means—

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7573 (A) in the case of section 4003(a)(1), only a tablished under section 202 of the Agricultural the case of the export of items used for food and joint resolution introduced within 10 session Trade Act of 1978 (7 U.S.C. 5622); or for food production, such one-year licenses shall days of Congress after the date on which the re- (C) with respect to the dairy export incentive otherwise be no more restrictive than general li- port of the President under section 4003(a)(1) is program administered under section 153 of the censes; and received by Congress, the matter after the re- Food Security Act of 1985 (15 U.S.C. 713a–14). (2) without benefit of Federal financing, di- solving clause of which is as follows: ‘‘That SEC. 4004. EXCEPTIONS. rect export subsidies, Federal credit guarantees, Congress approves the report of the President Section 4003 shall not affect any authority or or other Federal promotion assistance programs. pursuant to section 4003(a)(1) of the Food and requirement to impose (or continue to impose) a (b) QUARTERLY REPORTS.—The applicable de- Medicine for the World Act, transmitted on sanction referred to in section 4003— partment or agency of the Federal Government lllllll.’’, with the blank completed with (1) against a foreign country or foreign enti- shall submit to the appropriate congressional the appropriate date; and ty— committees on a quarterly basis a report on any (B) in the case of section 4006(1), only a joint (A) pursuant to a declaration of war against activities undertaken under subsection (a)(1) resolution introduced within 10 session days of the country or entity; during the preceding calendar quarter. Congress after the date on which the report of (B) pursuant to specific statutory authoriza- (c) BIENNIAL REPORTS.—Not later than two the President under section 4006(2) is received tion for the use of the Armed Forces of the years after the date of enactment of this Act, by Congress, the matter after the resolving United States against the country or entity; and every two years thereafter, the applicable clause of which is as follows: ‘‘That Congress (C) against which the Armed Forces of the department or agency of the Federal Govern- approves the report of the President pursuant to United States are involved in hostilities; or ment shall submit a report to the appropriate section 4006(1) of the Food and Medicine for the (D) where imminent involvement by the Armed congressional committees on the operation of the World Act, transmitted on lllllll.’’, Forces of the United States in hostilities against licensing system under this section for the pre- with the blank completed with the appropriate the country or entity is clearly indicated by the ceding two-year period, including— date. circumstances; or (1) the number and types of licenses applied (4) MEDICAL DEVICE.—The term ‘‘medical de- (2) to the extent that the sanction would pro- for; (2) the number and types of licenses approved; vice’’ has the meaning given the term ‘‘device’’ hibit, restrict, or condition the provision or use (3) the average amount of time elapsed from in section 201 of the Federal Food, Drug, and of any agricultural commodity, medicine, or the date of filing of a license application until Cosmetic Act (21 U.S.C. 321). medical device that is— the date of its approval; (5) MEDICINE.—The term ‘‘medicine’’ has the (A) controlled on the United States Munitions (4) the extent to which the licensing proce- meaning given the term ‘‘drug’’ in section 201 of List established under section 38 of the Arms Ex- dures were effectively implemented; and the Federal Food, Drug, and Cosmetic Act (21 port Control Act (22 U.S.C. 2778); (5) a description of comments received from in- U.S.C. 321). (B) controlled on any control list established terested parties about the extent to which the li- (6) UNILATERAL AGRICULTURAL SANCTION.— under the Export Administration Act of 1979 or censing procedures were effective, after the ap- The term ‘‘unilateral agricultural sanction’’ any successor statute (50 U.S.C. App. 2401 et plicable department or agency holds a public 30- means any prohibition, restriction, or condition seq.); or day comment period. on carrying out an agricultural program with (C) used to facilitate the development or pro- SEC. 4008. CONGRESSIONAL EXPEDITED PROCE- respect to a foreign country or foreign entity duction of a chemical or biological weapon or DURES. that is imposed by the United States for reasons weapon of mass destruction. Consideration of a joint resolution relating to of foreign policy or national security, except in SEC. 4005. COUNTRIES SUPPORTING INTER- a report described in section 4003(a)(1) or 4006(1) a case in which the United States imposes the NATIONAL TERRORISM. shall be subject to expedited procedures as deter- measure pursuant to a multilateral regime and Notwithstanding section 4003 and except as mined by the House of Representatives and as the other member countries of that regime have provided in section 4007, the prohibitions in ef- determined by the Senate. agreed to impose substantially equivalent meas- fect on or after the date of the enactment of this SEC. 4009. EFFECTIVE DATE. ures. Act under section 620A of the Foreign Assist- (a) IN GENERAL.—Except as provided in sub- (7) UNILATERAL MEDICAL SANCTION.—The term ance Act of 1961 (22 U.S.C. 2371) on providing, section (b), this title takes effect on the date of ‘‘unilateral medical sanction’’ means any prohi- to the government of any country supporting enactment of this Act. bition, restriction, or condition on exports of, or international terrorism, United States Govern- (b) EXISTING SANCTIONS.—In the case of any the provision of assistance consisting of, medi- ment assistance, including United States foreign unilateral agricultural sanction or unilateral cine or a medical device with respect to a foreign assistance, United States export assistance, or medical sanction that is in effect as of the date country or foreign entity that is imposed by the any United States credits or credit guarantees, of enactment of this Act, this title takes effect United States for reasons of foreign policy or shall remain in effect for such period as the Sec- 180 days after the date of enactment of this Act. national security, except in a case in which the retary of State determines under such section This Division may be cited as the ‘‘Fiscal Year United States imposes the measure pursuant to 620A that the government of the country has re- 2000 Emergency Supplemental Appropriations a multilateral regime and the other member peatedly provided support for acts of inter- Act for Natural Disasters Assistance’’. countries of that regime have agreed to impose national terrorism. This Act may be cited as the ‘‘Agriculture, substantially equivalent measures. SEC. 4006. TERMINATION OF SANCTIONS. Rural Development, Food and Drug Administra- SEC. 4003. RESTRICTION. Any unilateral agricultural sanction or uni- tion, and Related Agencies Appropriations Act, (a) NEW SANCTIONS.—Except as provided in lateral medical sanction that is imposed pursu- 2001’’. sections 4004 and 4005 and notwithstanding any ant to the procedures described in section f other provision of law, the President may not 4003(a) shall terminate not later than 2 years impose a unilateral agricultural sanction or uni- after the date on which the sanction became ef- APPOINTMENT BY THE lateral medical sanction against a foreign coun- fective unless— DEMOCRATIC LEADER try or foreign entity, unless— (1) not later than 60 days before the date of The PRESIDING OFFICER. The (1) not later than 60 days before the sanction termination of the sanction, the President sub- Chair, on behalf of the Democratic is proposed to be imposed, the President submits mits to Congress a report containing— a report to Congress that— (A) the recommendation of the President for leader, and in consultation with the (A) describes the activity proposed to be pro- the continuation of the sanction for an addi- ranking member of the Senate Com- hibited, restricted, or conditioned; and tional period of not to exceed 2 years; and mittee on Armed Services, pursuant to (B) describes the actions by the foreign coun- (B) the request of the President for approval Public Law 106–65, announces the ap- try or foreign entity that justify the sanction; by Congress of the recommendation; and pointment of Alan L. Hansen, AIA, of and (2) there is enacted into law a joint resolution Virginia, to serve as a member of the (2) there is enacted into law a joint resolution stating the approval of Congress for the report Commission on the National Military submitted under paragraph (1). stating the approval of Congress for the report Museum. submitted under paragraph (1). SEC. 4007. STATE SPONSORS OF INTERNATIONAL (b) EXISTING SANCTIONS.— TERRORISM. f (1) IN GENERAL.—Except as provided in para- (a) IN GENERAL.—Notwithstanding any other REMOVAL OF INJUNCTION OF SE- graph (2), the President shall terminate any provision of this title, the export of agricultural CRECY—TREATY DOCUMENT NO. unilateral agricultural sanction or unilateral commodities, medicine, or medical devices to the medical sanction that is in effect as of the date government of a country that has been deter- 106–37 of enactment of this Act. mined by the Secretary of State to have repeat- Mr. NICKLES. Mr. President, as in (2) EXEMPTIONS.—Paragraph (1) shall not edly provided support for acts of international executive session, I ask unanimous apply to a unilateral agricultural sanction or terrorism under section 620A of the Foreign As- consent that the Injunction of Secrecy unilateral medical sanction imposed— sistance Act of 1961 (22 U.S.C. 2371) shall only be removed from the following proto- (A) with respect to any program administered be made— cols transmitted to the Senate on July under section 416 of the Agricultural Act of 1949 (1) pursuant to one-year licenses issued by the (7 U.S.C. 1431); United States Government for contracts entered 25, 2000, by the President of the United (B) with respect to the Export Credit Guar- into during the one-year period and completed States: Protocols to the Convention on antee Program (GSM–102) or the Intermediate with the 12-month period beginning on the date the Rights of the Child (Treaty Docu- Export Credit Guarantee Program (GSM–103) es- of the signing of the contract, except that, in ment No. 106–37).

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7574 CONGRESSIONAL RECORD — SENATE July 25, 2000 Further, I ask unanimous consent SEC. 2. WOMEN-OWNED BUSINESSES. and liquidate, or to otherwise treat in accord- that the protocols be considered as Section 501(d)(3)(C) of the Small Business In- ance with this section, defaulted loans in its having been read for the first time, vestment Act of 1958 (15 U.S.C. 695(d)(3)(C)) is portfolio that are funded with the proceeds of that they be referred with accom- amended by inserting before the comma ‘‘or debentures guaranteed by the Administration women-owned business development’’. under section 503. panying papers to the Committee on SEC. 3. MAXIMUM DEBENTURE SIZE. ‘‘(b) ELIGIBILITY FOR DELEGATION.— Foreign Relations and ordered to be ‘‘(1) REQUIREMENTS.—A qualified State or Section 502(2) of the Small Business Invest- local development company shall be eligible for printed, and that the President’s mes- ment Act of 1958 (15 U.S.C. 696(2)) is amended to a delegation of authority under subsection (a) sage be printed in the RECORD. read as follows: The PRESIDING OFFICER. Without if— ‘‘(2) LOAN LIMITS.—Loans made by the Ad- ‘‘(A) the company— objection, it is so ordered. ministration under this section shall be limited ‘‘(i) has participated in the loan liquidation The message of the President is as to $1,000,000 for each such identifiable small pilot program established by the Small Business follows: business concern, other than loans meeting the Programs Improvement Act of 1996 (15 U.S.C. criteria specified in section 501(d)(3), which 695 note), as in effect on the day before the date To the Senate of the United States: shall be limited to $1,300,000 for each such iden- of issuance of final regulations by the Adminis- With a view to receiving advice and tifiable small business concern.’’. tration implementing this section; consent of the Senate to ratification, I SEC. 4. FEES. ‘‘(ii) is participating in the Premier Certified transmit herewith two optional proto- Section 503(f) of the Small Business Invest- Lenders Program under section 508; or cols to the Convention on the Rights of ment Act of 1958 (15 U.S.C. 697(f)) is amended to ‘‘(iii) during the 3 fiscal years immediately the Child, both of which were adopted read as follows: prior to seeking such a delegation, has made an at New York, May 25, 2000: (1) The Op- ‘‘(f) EFFECTIVE DATE.—The fees authorized by average of not fewer than 10 loans per year that are funded with the proceeds of debentures tional Protocol to the Convention on subsections (b) and (d) shall apply to any fi- nancing approved by the Administration during guaranteed under section 503; and the Rights of the Child on Involvement the period beginning on October 1, 1996 and ‘‘(B) the company— of Children in Armed Conflict; and (2) ending on September 30, 2003.’’. ‘‘(i) has one or more employees— ‘‘(I) with not less than 2 years of substantive, The Optional Protocol to the Conven- SEC. 5. PREMIER CERTIFIED LENDERS PROGRAM. tion on the Rights of the Child on the decision-making experience in administering the Section 217(b) of the Small Business Adminis- liquidation and workout of problem loans se- Sale of Children, Child Prostitution tration Reauthorization and Amendments Act of cured in a manner substantially similar to loans and Child Pornography. I signed both 1994 (15 U.S.C. 697e note) is repealed. funded with the proceeds of debentures guaran- Protocols on July 5, 2000. SEC. 6. SALE OF CERTAIN DEFAULTED LOANS. teed under section 503; and In addition, I transmit for the infor- Section 508 of the Small Business Investment ‘‘(II) who have completed a training program mation of the Senate, the report of the Act of 1958 (15 U.S.C. 697e) is amended— on loan liquidation developed by the Adminis- Department of State with respect to (1) in subsection (a), by striking ‘‘On a pilot tration in conjunction with qualified State and both Protocols, including article-by-ar- program basis, the’’ and inserting ‘‘The’’; local development companies that meet the re- quirements of this paragraph; or ticle analyses of each Protocol. As de- (2) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; ‘‘(ii) submits to the Administration docu- tailed in the Department of State re- (3) in subsection (f) (as redesignated by para- mentation demonstrating that the company has port, a number of understandings and graph (2)), by striking ‘‘subsection (f)’’ and in- contracted with a qualified third-party to per- declarations are recommended. serting ‘‘subsection (g)’’; form any liquidation activities and secures the These Protocols represent a true (4) in subsection (h) (as redesignated by para- approval of the contract by the Administration breakthrough for the children of the graph (2)), by striking ‘‘subsection (f)’’ and in- with respect to the qualifications of the con- world. Ratification of these Protocols serting ‘‘subsection (g)’’; and tractor and the terms and conditions of liquida- (5) by inserting after subsection (c) the fol- tion activities. will enhance the ability of the United ‘‘(2) CONFIRMATION.—On request, the Admin- lowing: States to provide global leadership in istration shall examine the qualifications of any ‘‘(d) SALE OF CERTAIN DEFAULTED LOANS.— the effort to eliminate abuses against company described in subsection (a) to deter- ‘‘(1) NOTICE.— mine if such company is eligible for the delega- children with respect to armed conflict ‘‘(A) IN GENERAL.—If, upon default in repay- tion of authority under this section. If the Ad- and sexual exploitation. ment, the Administration acquires a loan guar- ministration determines that a company is not I recommend that the Senate give anteed under this section and identifies such early and favorable consideration to eligible, the Administration shall provide the loan for inclusion in a bulk asset sale of de- company with the reasons for such ineligibility. both Protocols and give its advice and faulted or repurchased loans or other ‘‘(c) SCOPE OF DELEGATED AUTHORITY.— consent to the ratification of both Pro- financings, the Administration shall give prior ‘‘(1) IN GENERAL.—Each qualified State or tocols, subject to the understandings notice thereof to any certified development com- local development company to which the Admin- and declarations recommended in the pany that has a contingent liability under this istration delegates authority under subsection section. Department of State Report. (a) may, with respect to any loan described in ‘‘(B) TIMING.—The notice required by sub- subsection (a)— WILLIAM J. CLINTON. paragraph (A) shall be given to the certified de- ‘‘(A) perform all liquidation and foreclosure THE WHITE HOUSE, July 25, 2000. velopment company as soon as possible after the functions, including the purchase in accordance f financing is identified, but not later than 90 with this subsection of any other indebtedness days before the date on which the Administra- CERTIFIED DEVELOPMENT COM- secured by the property securing the loan, in a tion first makes any record on such financing reasonable and sound manner, according to PANY PROGRAM IMPROVEMENTS available for examination by prospective pur- commercially accepted practices, pursuant to a ACT OF 2000 chasers prior to its offering in a package of liquidation plan approved in advance by the Mr. NICKLES. Mr. President, I ask loans for bulk sale. Administration under paragraph (2)(A); unanimous consent that the Chair lay ‘‘(2) LIMITATIONS.—The Administration may ‘‘(B) litigate any matter relating to the per- formance of the functions described in subpara- before the Senate a message from the not offer any loan described in paragraph (1)(A) as part of a bulk sale, unless the Administra- graph (A), except that the Administration may— House to accompany H.R. 2614. tion— ‘‘(i) defend or bring any claim if— There being no objection, the Pre- ‘‘(A) provides prospective purchasers with the ‘‘(I) the outcome of the litigation may ad- siding Officer laid before the Senate opportunity to examine the records of the Ad- versely affect management by the Administra- the following message from the House ministration with respect to such loan; and tion of the loan program established under sec- of Representatives: ‘‘(B) provides the notice required by para- tion 502; or graph (1).’’. ‘‘(II) the Administration is entitled to legal Resolved, That the House agree to the remedies not available to a qualified State or amendment of the Senate to the bill (H.R. SEC. 7. LOAN LIQUIDATION. local development company, and such remedies 2614) entitled ‘‘An Act to amend the Small (a) LIQUIDATION AND FORECLOSURE.—Title V will benefit either the Administration or the Business Investment Act to make improve- of the Small Business Investment Act of 1958 (15 qualified State or local development company; ments to the certified development company U.S.C. 695 et seq.) is amended by adding at the or program, and for other purposes’’, with the end the following: ‘‘(ii) oversee the conduct of any such litiga- following amendment: ‘‘SEC. 510. FORECLOSURE AND LIQUIDATION OF tion; and In lieu of the matter proposed to be in- LOANS. ‘‘(C) take other appropriate actions to miti- serted by the amendment of the Senate, in- ‘‘(a) DELEGATION OF AUTHORITY.—In accord- gate loan losses in lieu of total liquidation or sert the following: ance with this section, the Administration shall foreclosure, including the restructuring of a SECTION 1. SHORT TITLE. delegate to any qualified State or local develop- loan in accordance with prudent loan servicing This Act may be cited as the ‘‘Certified Devel- ment company (as defined in section 503(e)) that practices and pursuant to a workout plan ap- opment Company Program Improvements Act of meets the eligibility requirements of subsection proved in advance by the Administration under 2000’’. (b)(1) of this section the authority to foreclose paragraph (2)(C).

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‘‘(2) ADMINISTRATION APPROVAL.— ‘‘(3) CONFLICT OF INTEREST.—In carrying out (2) TERMINATION OF PILOT PROGRAM.—Effec- ‘‘(A) LIQUIDATION PLAN.— functions described in paragraph (1), a qualified tive on the date on which final regulations are ‘‘(i) IN GENERAL.—Before carrying out func- State or local development company shall take issued under paragraph (1), section 204 of the tions described in paragraph (1)(A), a qualified no action that would result in an actual or ap- Small Business Programs Improvement Act of State or local development company shall submit parent conflict of interest between the company 1996 (15 U.S.C. 695 note) shall cease to have to the Administration a proposed liquidation (or any employee of the company) and any third legal effect. plan. party lender (or any associate of a third party SEC. 8. FUNDING LEVELS FOR CERTAIN ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— lender) or any other person participating in a FINANCINGS UNDER THE SMALL ‘‘(I) TIMING.—Not later than 15 business days liquidation, foreclosure, or loss mitigation ac- BUSINESS INVESTMENT ACT OF 1958. after a liquidation plan is received by the Ad- tion. Section 20 of the Small Business Act (15 U.S.C. ministration under clause (i), the Administra- ‘‘(d) SUSPENSION OR REVOCATION OF AUTHOR- 631 note) is amended by adding at the end the tion shall approve or reject the plan. ITY.—The Administration may revoke or sus- following: ‘‘(II) NOTICE OF NO DECISION.—With respect to pend a delegation of authority under this sec- ‘‘(g) PROGRAM LEVELS FOR CERTAIN SMALL any liquidation plan that cannot be approved or tion to any qualified State or local development BUSINESS INVESTMENT ACT OF 1958 denied within the 15-day period required by sub- company, if the Administration determines that FINANCINGS.—The following program levels are clause (I), the Administration shall, during such the company— authorized for financings under section 504 of period, provide notice in accordance with sub- ‘‘(1) does not meet the requirements of sub- the Small Business Investment Act of 1958: paragraph (E) to the company that submitted section (b)(1); ‘‘(1) $4,000,000,000 for fiscal year 2001. the plan. ‘‘(2) has violated any applicable rule or regu- ‘‘(2) $5,000,000,000 for fiscal year 2002. ‘‘(iii) ROUTINE ACTIONS.—In carrying out lation of the Administration or any other appli- ‘‘(3) $6,000,000,000 for fiscal year 2003.’’. functions described in paragraph (1)(A), a cable provision of law; or qualified State or local development company ‘‘(3) has failed to comply with any reporting Mr. NICKLES. Mr. President, I ask may undertake any routine action not ad- requirement that may be established by the Ad- unanimous consent that the Senate dressed in a liquidation plan without obtaining ministration relating to carrying out functions disagree with the amendment of the additional approval from the Administration. described in subsection (c)(1). House, the Senate request a conference ‘‘(B) PURCHASE OF INDEBTEDNESS.— ‘‘(e) REPORT.— with the House, and the Chair be au- ‘‘(i) IN GENERAL.—In carrying out functions ‘‘(1) IN GENERAL.—Based on information pro- thorized to appoint conferees on the described in paragraph (1)(A), a qualified State vided by qualified State and local development or local development company shall submit to companies and the Administration, the Adminis- part of the Senate. the Administration a request for written ap- tration shall annually submit to the Committees The PRESIDING OFFICER. Without proval before committing the Administration to on Small Business of the House of Representa- objection, it is so ordered. the purchase of any other indebtedness secured tives and the Senate a report on the results of The Presiding Officer (Mr. INHOFE) by the property securing a defaulted loan. delegation of authority under this section. appointed Mr. BOND, Mr. BURNS, and ‘‘(ii) ADMINISTRATION ACTION ON REQUEST.— ‘‘(2) CONTENTS.—Each report submitted under Mr. KERRY conferees on the part of the ‘‘(I) TIMING.—Not later than 15 business days paragraph (1) shall include— Senate. after receiving a request under clause (i), the ‘‘(A) with respect to each loan foreclosed or Administration shall approve or deny the re- liquidated by a qualified State or local develop- f quest. ment company under this section, or for which LONG-TERM CARE SECURITY ACT ‘‘(II) NOTICE OF NO DECISION.—With respect to losses were otherwise mitigated by the company any request that cannot be approved or denied pursuant to a workout plan under this section— Mr. NICKLES. Mr. President, I ask within the 15-day period required by subclause ‘‘(i) the total cost of the project financed with unanimous consent that the Senate (I), the Administration shall, during such pe- the loan; now proceed to the consideration of riod, provide notice in accordance with subpara- ‘‘(ii) the total original dollar amount guaran- Calendar No. 685, S. 2420. graph (E) to the company that submitted the re- teed by the Administration; The PRESIDING OFFICER. The quest. ‘‘(iii) the total dollar amount of the loan at ‘‘(C) WORKOUT PLAN.— the time of liquidation, foreclosure, or mitiga- clerk will report the bill by title. ‘‘(i) IN GENERAL.—In carrying out functions tion of loss; The legislative clerk read as follows: described in paragraph (1)(C), a qualified State ‘‘(iv) the total dollar losses resulting from the A bill (S. 2420) to amend title 5, United or local development company shall submit to liquidation, foreclosure, or mitigation of loss; States Code, to provide for the establishment the Administration a proposed workout plan. and of a program under which long-term care in- ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— ‘‘(v) the total recoveries resulting from the liq- surance is made available to Federal employ- ‘‘(I) TIMING.—Not later than 15 business days uidation, foreclosure, or mitigation of loss, both ees, members of the uniformed services, and after a workout plan is received by the Adminis- as a percentage of the amount guaranteed and civilian and military retirees, and for other tration under clause (i), the Administration the total cost of the project financed; purposes. shall approve or reject the plan. ‘‘(B) with respect to each qualified State or ‘‘(II) NOTICE OF NO DECISION.—With respect to local development company to which authority There being no objection, the Senate any workout plan that cannot be approved or is delegated under this section, the totals of proceeded to consider the bill, which denied within the 15-day period required by sub- each of the amounts described in clauses (i) had been reported from the Committee clause (I), the Administration shall, during such through (v) of subparagraph (A); on Governmental Affairs, with an period, provide notice in accordance with sub- ‘‘(C) with respect to all loans subject to fore- amendment and an amendment to the paragraph (E) to the company that submitted closure, liquidation, or mitigation under this title, as follows: the plan. section, the totals of each of the amounts de- ‘‘(D) COMPROMISE OF INDEBTEDNESS.—In car- scribed in clauses (i) through (v) of subpara- (Strike out all after the enacting clause rying out functions described in paragraph graph (A); and insert the part printed in italic.) (1)(A), a qualified State or local development ‘‘(D) a comparison between— TITLE I—FEDERAL LONG-TERM CARE company may— ‘‘(i) the information provided under subpara- INSURANCE ‘‘(i) consider an offer made by an obligor to graph (C) with respect to the 12-month period SEC. 1001. SHORT TITLE. preceding the date on which the report is sub- compromise the debt for less than the full This title may be cited as the ‘‘Long-Term mitted; and amount owing; and Care Security Act’’. ‘‘(ii) pursuant to such an offer, release any ‘‘(ii) the same information with respect to obligor or other party contingently liable, if the loans foreclosed and liquidated, or otherwise SEC. 1002. LONG-TERM CARE INSURANCE. company secures the written approval of the treated, by the Administration during the same (a) IN GENERAL.—Subpart G of part III of title Administration. period; and 5, United States Code, is amended by adding at ‘‘(E) CONTENTS OF NOTICE OF NO DECISION.— ‘‘(E) the number of times that the Administra- the end the following: Any notice provided by the Administration tion has failed to approve or reject a liquidation ‘‘CHAPTER 90—LONG-TERM CARE under subparagraph (A)(ii)(II), (B)(ii)(II), or plan in accordance with subsection (c)(2)(A) or INSURANCE (C)(ii)(II)— a workout plan in accordance with subsection ‘‘Sec. ‘‘(i) shall be in writing; (c)(2)(C), or to approve or deny a request for ‘‘9001. Definitions. ‘‘(ii) shall state the specific reason for the in- purchase of indebtedness under subsection ‘‘9002. Availability of insurance. ability of the Administration to act on the sub- (c)(2)(B), including specific information regard- ‘‘9003. Contracting authority. ject plan or request; ing the reasons for the failure of the Adminis- ‘‘9004. Financing. ‘‘(iii) shall include an estimate of the addi- tration and any delay that resulted.’’. ‘‘9005. Preemption. tional time required by the Administration to act EGULATIONS (b) R .— ‘‘9006. Studies, reports, and audits. on the plan or request; and (1) IN GENERAL.—Not later than 150 days after ‘‘9007. Jurisdiction of courts. ‘‘(iv) if the Administration cannot act because the date of enactment of this Act, the Adminis- ‘‘9008. Administrative functions. insufficient information or documentation was trator shall issue such regulations as may be ‘‘9009. Cost accounting standards. provided by the company submitting the plan or necessary to carry out section 510 of the Small request, shall specify the nature of such addi- Business Investment Act of 1958, as added by ‘‘§ 9001. Definitions tional information or documentation. subsection (a) of this section. For purposes of this chapter:

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‘‘(1) EMPLOYEE.—The term ‘employee’ ance coverage under this chapter for such indi- section shall reasonably and equitably reflect means— vidual. the cost of the benefits provided, as determined ‘‘(A) an employee as defined by section ‘‘(b) GENERAL REQUIREMENTS.—Long-term by the Office. The premiums shall not be ad- 8901(1); and care insurance may not be offered under this justed during the term of the contract unless ‘‘(B) an individual described in section chapter unless— mutually agreed to by the Office and the car- 2105(e), ‘‘(1) the only coverage provided is under rier. but does not include an individual employed by qualified long-term care insurance contracts; ‘‘(3) NONRENEWABILITY.—Master contracts the government of the District of Columbia. and under this chapter may not be made automati- ‘‘(2) ANNUITANT.—The term ‘annuitant’ has ‘‘(2) each insurance contract under which any cally renewable. the meaning such term would have under para- such coverage is provided is issued by a quali- ‘‘(c) PAYMENT OF REQUIRED BENEFITS; DIS- graph (3) of section 8901 if, for purposes of such fied carrier. PUTE RESOLUTION.— ‘‘(1) IN GENERAL.—Each master contract under paragraph, the term ‘employee’ were considered ‘‘(c) DOCUMENTATION REQUIREMENT.—As a this chapter shall require the carrier to agree— to have the meaning given to it under para- condition for obtaining long-term care insurance ‘‘(A) to provide payments or benefits to an eli- graph (1) of this subsection. coverage under this chapter based on one’s sta- gible individual if such individual is entitled ‘‘(3) MEMBER OF THE UNIFORMED SERVICES.— tus as a qualified relative, an applicant shall provide documentation to demonstrate the rela- thereto under the terms of the contract; and The term ‘member of the uniformed services’ ‘‘(B) with respect to disputes regarding claims tionship, as prescribed by the Office. means a member of the uniformed services, other for payments or benefits under the terms of the ‘‘(d) UNDERWRITING STANDARDS.— than a retired member of the uniformed services, contract— ‘‘(1) DISQUALIFYING CONDITION.—Nothing in who is— ‘‘(i) to establish internal procedures designed this chapter shall be considered to require that ‘‘(A) on active duty or full-time National to expeditiously resolve such disputes; and Guard duty for a period of more than 30 days; long-term care insurance coverage be made ‘‘(ii) to establish, for disputes not resolved and available in the case of any individual who through procedures under clause (i), procedures ‘‘(B) a member of the Selected Reserve. would be eligible for benefits immediately. for one or more alternative means of dispute res- ‘‘(4) RETIRED MEMBER OF THE UNIFORMED ‘‘(2) SPOUSAL PARITY.—For the purpose of un- olution involving independent third-party re- SERVICES.—The term ‘retired member of the uni- derwriting standards, a spouse of an individual view under appropriate circumstances by enti- formed services’ means a member or former mem- described in paragraph (1), (2), (3), or (4) of sec- ties mutually acceptable to the Office and the ber of the uniformed services entitled to retired tion 9001 shall, as nearly as practicable, be carrier. or retainer pay, including a member or former treated like that individual. ‘‘(2) ELIGIBILITY.—A carrier’s determination member retired under chapter 1223 of title 10 ‘‘(3) GUARANTEED ISSUE.—Nothing in this as to whether or not a particular individual is who has attained the age of 60 and who satisfies chapter shall be considered to require that long- eligible to obtain long-term care insurance cov- such eligibility requirements as the Office of term care insurance coverage be guaranteed to erage under this chapter shall be subject to re- Personnel Management prescribes under section an eligible individual. view only to the extent and in the manner pro- 9008. ‘‘(4) REQUIREMENT THAT CONTRACT BE FULLY vided in the applicable master contract. ‘‘(5) QUALIFIED RELATIVE.—The term ‘quali- INSURED.—In addition to the requirements oth- ‘‘(3) OTHER CLAIMS.—For purposes of apply- fied relative’ means each of the following: erwise applicable under section 9001(9), in order ing the Contract Disputes Act of 1978 to disputes ‘‘(A) The spouse of an individual described in to be considered a qualified long-term care in- arising under this chapter between a carrier and paragraph (1), (2), (3), or (4). surance contract for purposes of this chapter, a the Office— ‘‘(B) A parent, stepparent, or parent-in-law of contract must be fully insured, whether through ‘‘(A) the agency board having jurisdiction to an individual described in paragraph (1) or (3). reinsurance with other companies or otherwise. decide an appeal relative to such a dispute shall ‘‘(C) A child (including an adopted child, a ‘‘(5) HIGHER STANDARDS ALLOWABLE.—Noth- be such board of contract appeals as the Direc- stepchild, or, to the extent the Office of Per- ing in this chapter shall, in the case of an indi- tor of the Office of Personnel Management shall sonnel Management by regulation provides, a vidual applying for long-term care insurance specify in writing (after appropriate arrange- foster child) of an individual described in para- coverage under this chapter after the expiration ments, as described in section 8(c) of such Act); graph (1), (2), (3), or (4), if such child is at least of such individual’s first opportunity to enroll, and 18 years of age. preclude the application of underwriting stand- ‘‘(B) the district courts of the United States ‘‘(D) An individual having such other rela- ards more stringent than those that would have shall have original jurisdiction, concurrent with tionship to an individual described in para- applied if that opportunity had not yet expired. the United States Court of Federal Claims, of graph (1), (2), (3), or (4) as the Office may by ‘‘(e) GUARANTEED RENEWABILITY.—The bene- any action described in section 10(a)(1) of such regulation prescribe. fits and coverage made available to eligible indi- Act relative to such a dispute. ‘‘(6) ELIGIBLE INDIVIDUAL.—The term ‘eligible viduals under any insurance contract under this ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this individual’ refers to an individual described in chapter shall be guaranteed renewable (as de- chapter shall be considered to grant authority paragraph (1), (2), (3), (4), or (5). fined by section 7A(2) of the model regulations for the Office or a third-party reviewer to ‘‘(7) QUALIFIED CARRIER.—The term ‘qualified described in section 7702B(g)(2) of the Internal change the terms of any contract under this carrier’ means an insurance company (or con- Revenue Code of 1986), including the right to chapter. sortium of insurance companies) that is licensed have insurance remain in effect so long as pre- ‘‘(d) DURATION.— to issue long-term care insurance in all States, miums continue to be timely made. However, the ‘‘(1) IN GENERAL.—Each master contract under taking any subsidiaries of such a company into authority to revise premiums under this chapter this chapter shall be for a term of 7 years, unless account (and, in the case of a consortium, con- shall be available only on a class basis and only terminated earlier by the Office in accordance sidering the member companies and any subsidi- to the extent otherwise allowable under section with the terms of such contract. However, the aries thereof, collectively). 9003(b). rights and responsibilities of the enrolled indi- vidual, the insurer, and the Office (or duly des- ‘‘(8) STATE.—The term ‘State’ includes the ‘‘§ 9003. Contracting authority District of Columbia. ignated third-party administrator) under such ‘‘(a) IN GENERAL.—The Office of Personnel ‘‘(9) QUALIFIED LONG-TERM CARE INSURANCE contract shall continue with respect to such in- Management shall, without regard to section 5 CONTRACT.—The term ‘qualified long-term care dividual until the termination of coverage of the of title 41 or any other statute requiring com- insurance contract’ has the meaning given such enrolled individual or the effective date of a petitive bidding, contract with one or more term by section 7702B of the Internal Revenue successor contract thereto. qualified carriers for a policy or policies of long- Code of 1986. ‘‘(2) EXCEPTION.— term care insurance. The Office shall ensure ‘‘(A) SHORTER DURATION.—In the case of a ‘‘(10) APPROPRIATE SECRETARY.—The term that each resulting contract (hereafter in this ‘appropriate Secretary’ means— master contract entered into before the end of chapter referred to as a ‘master contract’) is ‘‘(A) except as otherwise provided in this the period described in subparagraph (B), para- awarded on the basis of contractor qualifica- paragraph, the Secretary of Defense; graph (1) shall be applied by substituting ‘end- tions, price, and reasonable competition. ‘‘(B) with respect to the Coast Guard when it ing on the last day of the 7-year period de- ‘‘(b) TERMS AND CONDITIONS.— is not operating as a service of the Navy, the scribed in paragraph (2)(B)’ for ‘of 7 years’. ‘‘(1) IN GENERAL.—Each master contract under ‘‘(B) DEFINITION.—The period described in Secretary of Transportation; this chapter shall contain— this subparagraph is the 7-year period begin- ‘‘(C) with respect to the commissioned corps of ‘‘(A) a detailed statement of the benefits of- ning on the earliest date as of which any long- the National Oceanic and Atmospheric Adminis- fered (including any maximums, limitations, ex- term care insurance coverage under this chapter tration, the Secretary of Commerce; and clusions, and other definitions of benefits); becomes effective. ‘‘(D) with respect to the commissioned corps of ‘‘(B) the premiums charged (including any ‘‘(3) CONGRESSIONAL NOTIFICATION.—No later the Public Health Service, the Secretary of limitations or other conditions on their subse- than 180 days after receiving the second report Health and Human Services. quent adjustment); required under section 9006(c), the President (or ‘‘§ 9002. Availability of insurance ‘‘(C) the terms of the enrollment period; and his designee) shall submit to the Committees on ‘‘(a) IN GENERAL.—The Office of Personnel ‘‘(D) such other terms and conditions as may Government Reform and on Armed Services of Management shall establish and, in consulta- be mutually agreed to by the Office and the car- the House of Representatives and the Commit- tion with the appropriate Secretaries, administer rier involved, consistent with the requirements tees on Governmental Affairs and on Armed a program through which an individual de- of this chapter. Services of the Senate, a written recommenda- scribed in paragraph (1), (2), (3), (4), or (5) of ‘‘(2) PREMIUMS.—Premiums charged under tion as to whether the program under this chap- section 9001 may obtain long-term care insur- each master contract entered into under this ter should be continued without modification,

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terminated, or restructured. During the 180-day ‘‘(2) SUBSEQUENT COSTS.— chapter is furnished the information necessary period following the date on which the Presi- ‘‘(A) IN GENERAL.—There is hereby established to enable that individual to evaluate the advan- dent (or his designee) submits the recommenda- in the Employees’ Life Insurance Fund a Long- tages and disadvantages of obtaining long-term tion required under the preceding sentence, the Term Care Administrative Account, which shall care insurance under this chapter, including the Office of Personnel Management may not take be available to the Office, without fiscal year following: any steps to rebid or otherwise contract for any limitation, to defray reasonable expenses in- ‘‘(1) The principal long-term care benefits and coverage to be available at any time following curred by the Office in administering this chap- coverage available under this chapter, and how the expiration of the 7-year period described in ter after the start of the 7-year period described those benefits and coverage compare to the paragraph (2)(B). in section 9003(d)(2)(B). range of long-term care benefits and coverage ‘‘(4) FULL PORTABILITY.—Each master con- ‘‘(B) REIMBURSEMENT REQUIREMENT.—Each otherwise generally available. tract under this chapter shall include such pro- master contract under this chapter shall include ‘‘(2) Representative examples of the cost of visions as may be necessary to ensure that, once appropriate provisions under which the carrier long-term care, and the sufficiency of the bene- an individual becomes duly enrolled, long-term involved shall, during each year, make such fits available under this chapter relative to care insurance coverage obtained by such indi- periodic contributions to the Long-Term Care those costs. The information under this para- vidual pursuant to that enrollment shall not be Administrative Account as necessary to ensure graph shall also include— terminated due to any change in status (such as that the reasonable anticipated expenses of the ‘‘(A) the projected effect of inflation on the separation from Government service or the uni- Office in administering this chapter during such value of those benefits; and formed services) or ceasing to meet the require- year (adjusted to reconcile for any earlier over- ments for being considered a qualified relative estimates or underestimates under this subpara- ‘‘(B) a comparison of the inflation-adjusted (whether as a result of dissolution of marriage graph) are defrayed. value of those benefits to the projected future costs of long-term care. or otherwise). ‘‘§ 9005. Preemption ‘‘(3) Any rights individuals under this chapter ‘‘§ 9004. Financing ‘‘The terms of any contract under this chapter may have to cancel coverage, and to receive a ‘‘(a) IN GENERAL.—Each eligible individual which relate to the nature, provision, or extent total or partial refund of premiums. The infor- obtaining long-term care insurance coverage of coverage or benefits (including payments with mation under this paragraph shall also in- under this chapter shall be responsible for 100 respect to benefits) shall supersede and preempt clude— percent of the premiums for such coverage. any State or local law, or any regulation issued ‘‘(A) the projected number or percentage of in- ‘‘(b) WITHHOLDINGS.— thereunder, which relates to long-term care in- dividuals likely to fail to maintain their cov- ‘‘(1) IN GENERAL.—The amount necessary to surance or contracts. erage (determined based on lapse rates experi- pay the premiums for enrollment may— ‘‘§ 9006. Studies, reports, and audits ‘‘(A) in the case of an employee, be withheld enced under similar group long-term care insur- from the pay of such employee; ‘‘(a) PROVISIONS RELATING TO CARRIERS.— ance programs and, when available, this chap- ‘‘(B) in the case of an annuitant, be withheld Each master contract under this chapter shall ter); and from the annuity of such annuitant; contain provisions requiring the carrier— ‘‘(B)(i) a summary description of how and ‘‘(C) in the case of a member of the uniformed ‘‘(1) to furnish such reasonable reports as the when premiums for long-term care insurance services described in section 9001(3), be withheld Office of Personnel Management determines to under this chapter may be raised; from the pay of such member; and be necessary to enable it to carry out its func- ‘‘(ii) the premium history during the last 10 ‘‘(D) in the case of a retired member of the tions under this chapter; and years for each qualified carrier offering long- uniformed services described in section 9001(4), ‘‘(2) to permit the Office and representatives term care insurance under this chapter; and of the General Accounting Office to examine be withheld from the retired pay or retainer pay ‘‘(iii) if cost increases are anticipated, the pro- such records of the carrier as may be necessary payable to such member. jected premiums for a typical insured individual to carry out the purposes of this chapter. ‘‘(2) VOLUNTARY WITHHOLDINGS FOR QUALI- at various ages. FIED RELATIVES.—Withholdings to pay the pre- ‘‘(b) PROVISIONS RELATING TO FEDERAL AGEN- ‘‘(4) The advantages and disadvantages of miums for enrollment of a qualified relative CIES.—Each Federal agency shall keep such long-term care insurance generally, relative to may, upon election of the appropriate eligible records, make such certifications, and furnish other means of accumulating or otherwise ac- individual (described in section 9001(1)–(4)), be the Office, the carrier, or both, with such infor- quiring the assets that may be needed to meet withheld under paragraph (1) to the same extent mation and reports as the Office may require. the costs of long-term care, such as through tax- and in the same manner as if enrollment were ‘‘(c) REPORTS BY THE GENERAL ACCOUNTING qualified retirement programs or other invest- for such individual. OFFICE.—The General Accounting Office shall ment vehicles. ‘‘(c) DIRECT PAYMENTS.—All amounts with- prepare and submit to the President, the Office held under this section shall be paid directly to of Personnel Management, and each House of ‘‘§ 9009. Cost accounting standards Congress, before the end of the third and fifth the carrier. ‘‘The cost accounting standards issued pursu- years during which the program under this ‘‘(d) OTHER FORMS OF PAYMENT.—Any en- ant to section 26(f) of the Office of Federal Pro- chapter is in effect, a written report evaluating rollee who does not elect to have premiums with- curement Policy Act (41 U.S.C. 422(f)) shall not such program. Each such report shall include held under subsection (b) or whose pay, annu- apply with respect to a long-term care insurance an analysis of the competitiveness of the pro- ity, or retired or retainer pay (as referred to in contract under this chapter.’’. subsection (b)(1)) is insufficient to cover the gram, as compared to both group and individual (b) CONFORMING AMENDMENT.—The analysis withholding required for enrollment (or who is coverage generally available to individuals in for part III of title 5, United States Code, is not receiving any regular amounts from the the private insurance market. The Office shall amended by adding at the end of subpart G the Government, as referred to in subsection (b)(1), cooperate with the General Accounting Office to following: from which any such withholdings may be provide periodic evaluations of the program. made, and whose premiums are not otherwise ‘‘§ 9007. Jurisdiction of courts ‘‘90. Long-Term Care Insurance ...... 9001.’’. being provided for under subsection (b)(2)) shall ‘‘The district courts of the United States have SEC. 1003. EFFECTIVE DATE. pay an amount equal to the full amount of original jurisdiction of a civil action or claim de- The Office of Personnel Management shall those charges directly to the carrier. scribed in paragraph (1) or (2) of section 9003(c), take such measures as may be necessary to en- ‘‘(e) SEPARATE ACCOUNTING REQUIREMENT.— after such administrative remedies as required sure that long-term care insurance coverage Each carrier participating under this chapter under such paragraph (1) or (2) (as applicable) under title 5, United States Code, as amended by shall maintain records that permit it to account have been exhausted, but only to the extent ju- this title, may be obtained in time to take effect for all amounts received under this chapter (in- dicial review is not precluded by any dispute not later than the first day of the first applica- cluding investment earnings on those amounts) resolution or other remedy under this chapter. ble pay period of the first fiscal year which be- separate and apart from all other funds. gins after the end of the 18-month period begin- ‘‘(f) REIMBURSEMENTS.— ‘‘§ 9008. Administrative functions ‘‘(1) REASONABLE INITIAL COSTS.— ‘‘(a) IN GENERAL.—The Office of Personnel ning on the date of the enactment of this Act. ‘‘(A) IN GENERAL.—The Employees’ Life Insur- Management shall prescribe regulations nec- TITLE II—FEDERAL RETIREMENT ance Fund is available, without fiscal year limi- essary to carry out this chapter. COVERAGE ERRORS CORRECTION tation, for reasonable expenses incurred by the ‘‘(b) ENROLLMENT PERIODS.—The Office shall SEC. 2001. SHORT TITLE; TABLE OF CONTENTS. Office of Personnel Management in admin- provide for periodic coordinated enrollment, pro- istering this chapter before the start of the 7- motion, and education efforts in consultation (a) SHORT TITLE.—This title may be cited as year period described in section 9003(d)(2)(B), with the carriers. the ‘‘Federal Erroneous Retirement Coverage including reasonable implementation costs. ‘‘(c) CONSULTATION.—Any regulations nec- Corrections Act’’. ‘‘(B) REIMBURSEMENT REQUIREMENT.—Such essary to effect the application and operation of (b) TABLE OF CONTENTS.—The table of con- Fund shall be reimbursed, before the end of the this chapter with respect to an eligible indi- tents for this title is as follows: first year of that 7-year period, for all amounts vidual described in paragraph (3) or (4) of sec- TITLE II—FEDERAL RETIREMENT obligated or expended under subparagraph (A) tion 9001, or a qualified relative thereof, shall be COVERAGE ERRORS CORRECTION (including lost investment income). Such reim- prescribed by the Office in consultation with the bursement shall be made by carriers, on a pro appropriate Secretary. Sec. 2001. Short title; table of contents. rata basis, in accordance with appropriate pro- ‘‘(d) INFORMED DECISIONMAKING.—The Office Sec. 2002. Definitions. visions which shall be included in master con- shall ensure that each eligible individual apply- Sec. 2003. Applicability. tracts under this chapter. ing for long-term care insurance under this Sec. 2004. Irrevocability of elections.

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 6343 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7578 CONGRESSIONAL RECORD — SENATE July 25, 2000 Subtitle A—Description of Retirement Coverage (3) CSRDF.—The term ‘‘CSRDF’’ means the Subtitle A—Description of Retirement Cov- Errors to Which This Title Applies and Meas- Civil Service Retirement and Disability Fund. erage Errors to Which This Title Applies ures for Their Rectification (4) CSRS COVERED.—The term ‘‘CSRS cov- and Measures for Their Rectification CHAPTER 1—EMPLOYEES AND ANNUITANTS WHO ered’’, with respect to any service, means service CHAPTER 1—EMPLOYEES AND ANNU- SHOULD HAVE BEEN FERS COVERED, BUT WHO that is subject to the provisions of subchapter ITANTS WHO SHOULD HAVE BEEN FERS III of chapter 83 of title 5, United States Code, WERE ERRONEOUSLY CSRS COVERED OR CSRS- COVERED, BUT WHO WERE ERRO- other than service subject to section 8334(k) of OFFSET COVERED INSTEAD, AND SURVIVORS OF NEOUSLY CSRS COVERED OR CSRS-OFF- such title. SUCH EMPLOYEES AND ANNUITANTS SET COVERED INSTEAD, AND SUR- (5) CSRS-OFFSET COVERED.—The term ‘‘CSRS- VIVORS OF SUCH EMPLOYEES AND AN- Sec. 2101. Employees. Offset covered’’, with respect to any service, Sec. 2102. Annuitants and survivors. means service that is subject to the provisions of NUITANTS CHAPTER 2—EMPLOYEE WHO SHOULD HAVE subchapter III of chapter 83 of title 5, United SEC. 2101. EMPLOYEES. BEEN FERS COVERED, CSRS-OFFSET COV- States Code, and to section 8334(k) of such title. (a) APPLICABILITY.—This section shall apply ERED, OR CSRS COVERED, BUT WHO WAS ER- (6) EMPLOYEE.—The term ‘‘employee’’ has the in the case of any employee or former employee RONEOUSLY SOCIAL SECURITY-ONLY COVERED meaning given such term under section 8331(1) who should be (or should have been) FERS cov- INSTEAD or 8401(11) of title 5, United States Code. ered but, as a result of a retirement coverage Sec. 2111. Applicability. (7) EXECUTIVE DIRECTOR.—The term ‘‘Execu- error, is (or was) CSRS covered or CSRS-Offset Sec. 2112. Correction mandatory. tive Director of the Federal Retirement Thrift covered instead. Investment Board’’ or ‘‘Executive Director’’ (b) UNCORRECTED ERROR.— CHAPTER 3—EMPLOYEE WHO SHOULD OR COULD means the Executive Director appointed under (1) APPLICABILITY.—This subsection applies if HAVE BEEN SOCIAL SECURITY-ONLY COVERED section 8474 of title 5, United States Code. the retirement coverage error has not been cor- BUT WHO WAS ERRONEOUSLY CSRS-OFFSET (8) FERS.—The term ‘‘FERS’’ means the Fed- rected before the effective date of the regula- COVERED OR CSRS COVERED INSTEAD eral Employees’ Retirement System. tions described under paragraph (3). As soon as Sec. 2121. Employee who should be Social Secu- (9) FERS COVERED.—The term ‘‘FERS cov- practicable after discovery of the error, and sub- rity-Only covered, but who is er- ered’’, with respect to any service, means service ject to the right of an election under paragraph roneously CSRS or CSRS-Offset that is subject to chapter 84 of title 5, United (2), if CSRS covered or CSRS-Offset covered, covered instead. States Code. such individual shall be treated as CSRS-Offset (10) FORMER EMPLOYEE.—The term ‘‘former CHAPTER 4—EMPLOYEE WHO WAS ERRONEOUSLY covered, retroactive to the date of the retirement employee’’ means an individual who was an em- FERS COVERED coverage error. ployee, but who is not an annuitant. (2) COVERAGE.— Sec. 2131. Employee who should be Social Secu- (11) OASDI TAXES.—The term ‘‘OASDI taxes’’ (A) ELECTION.—Upon written notice of a re- rity-Only covered, CSRS covered, means the OASDI employee tax and the OASDI tirement coverage error, an individual may elect or CSRS-Offset covered and is not employer tax. FERS-Eligible, but who is erro- (12) OASDI EMPLOYEE TAX.—The term to be CSRS-Offset covered or FERS covered, ef- neously FERS covered instead. ‘‘OASDI employee tax’’ means the tax imposed fective as of the date of the retirement coverage Sec. 2132. FERS-Eligible employee who should under section 3101(a) of the Internal Revenue error. Such election shall be made not later than have been CSRS covered, CSRS- Code of 1986 (relating to Old-Age, Survivors and 180 days after the date of receipt of such notice. Offset covered, or Social Security- Disability Insurance). (B) NONELECTION.—If the individual does not Only covered, but who was erro- (13) OASDI EMPLOYER TAX.—The term make an election by the date provided under neously FERS covered instead ‘‘OASDI employer tax’’ means the tax imposed subparagraph (A), a CSRS-Offset covered indi- without an election. under section 3111(a) of the Internal Revenue vidual shall remain CSRS-Offset covered and a Sec. 2133. Retroactive effect. Code of 1986 (relating to Old-Age, Survivors and CSRS covered individual shall be treated as CHAPTER 5—EMPLOYEE WHO SHOULD HAVE Disability Insurance). CSRS-Offset covered. BEEN CSRS-OFFSET COVERED, BUT WHO WAS (14) OASDI TRUST FUNDS.—The term ‘‘OASDI (3) REGULATIONS.—The Office shall prescribe ERRONEOUSLY CSRS COVERED INSTEAD trust funds’’ means the Federal Old-Age and regulations to carry out this subsection. (c) CORRECTED ERROR.— Sec. 2141. Applicability. Survivors Insurance Trust Fund and the Fed- (1) APPLICABILITY.—This subsection applies if Sec. 2142. Correction mandatory. eral Disability Insurance Trust Fund. (15) OFFICE.—The term ‘‘Office’’ means the the retirement coverage error was corrected be- CHAPTER 6—EMPLOYEE WHO SHOULD HAVE Office of Personnel Management. fore the effective date of the regulations de- BEEN CSRS COVERED, BUT WHO WAS ERRO- (16) RETIREMENT COVERAGE DETERMINATION.— scribed under subsection (b). NEOUSLY CSRS-OFFSET COVERED INSTEAD The term ‘‘retirement coverage determination’’ (2) COVERAGE.— Sec. 2151. Applicability. means a determination by an employee or agent (A) ELECTION.— Sec. 2152. Correction mandatory. of the Government as to whether a particular (i) CSRS-OFFSET COVERED.—Not later than 180 Subtitle B—General Provisions type of Government service is CSRS covered, days after the date of enactment of this Act, the CSRS-Offset covered, FERS covered, or Social Sec. 2201. Identification and notification re- Office shall prescribe regulations authorizing Security-Only covered. quirements. individuals to elect, during the 18-month period (17) RETIREMENT COVERAGE ERROR.—The term immediately following the effective date of such Sec. 2202. Information to be furnished to and by ‘‘retirement coverage error’’ means an erroneous authorities administering this regulations, to be CSRS-Offset covered, effective retirement coverage determination that was in as of the date of the retirement coverage error. title. effect for a minimum period of 3 years of service Sec. 2203. Service credit deposits. (ii) THRIFT SAVINGS FUND CONTRIBUTIONS.—If after December 31, 1986. under this section an individual elects to be Sec. 2204. Provisions related to Social Security (18) SOCIAL SECURITY-ONLY COVERED.—The coverage of misclassified employ- CSRS-Offset covered, all employee contributions term ‘‘Social Security-Only covered’’, with re- to the Thrift Savings Fund made during the pe- ees. spect to any service, means Government service Sec. 2205. Thrift Savings Plan treatment for riod of FERS coverage (and earnings on such that— contributions) may remain in the Thrift Savings certain individuals. (A) constitutes employment under section 210 Fund in accordance with regulations prescribed Sec. 2206. Certain agency amounts to be paid of the Social Security Act (42 U.S.C. 410); and into or remain in the CSRDF. (B)(i) is subject to OASDI taxes; but by the Executive Director, notwithstanding any Sec. 2207. CSRS coverage determinations to be (ii) is not subject to CSRS or FERS. limit that would otherwise be applicable. approved by OPM. (19) SURVIVOR.—The term ‘‘survivor’’ has the (B) PREVIOUS SETTLEMENT PAYMENT.—An in- Sec. 2208. Discretionary actions by Director. meaning given such term under section 8331(10) dividual who previously received a payment or- Sec. 2209. Regulations. or 8401(28) of title 5, United States Code. dered by a court or provided as a settlement of Subtitle C—Other Provisions (20) THRIFT SAVINGS FUND.—The term ‘‘Thrift claim for losses resulting from a retirement cov- Savings Fund’’ means the Thrift Savings Fund erage error shall not be entitled to make an elec- Sec. 2301. Provisions to authorize continued established under section 8437 of title 5, United tion under this subsection unless that amount is conformity of other Federal retire- States Code. waived in whole or in part under section 2208, ment systems. and any amount not waived is repaid. Sec. 2302. Authorization of payments. SEC. 2003. APPLICABILITY. (C) INELIGIBILITY FOR ELECTION.—An indi- Sec. 2303. Individual right of action preserved (a) IN GENERAL.—This title shall apply with vidual who, subsequent to correction of the re- for amounts not otherwise pro- respect to retirement coverage errors that occur tirement coverage error, received a refund of re- vided for under this title. before, on, or after the date of enactment of this Act. tirement deductions under section 8424 of title 5, Subtitle D—Effective Date (b) LIMITATION.—Except as otherwise provided United States Code, or a distribution under sec- Sec. 2401. Effective date. in this title, this title shall not apply to any er- tion 8433 (b), (c), or (h)(1)(A) of title 5, United SEC. 2002. DEFINITIONS. roneous retirement coverage determination that States Code, may not make an election under For purposes of this title: was in effect for a period of less than 3 years of this subsection. (1) ANNUITANT.—The term ‘‘annuitant’’ has service after December 31, 1986. (3) CORRECTIVE ACTION TO REMAIN IN EF- the meaning given such term under section SEC. 2004. IRREVOCABILITY OF ELECTIONS. FECT.—If an individual is ineligible to make an 8331(9) or 8401(2) of title 5, United States Code. Any election made (or deemed to have been election or does not make an election under (2) CSRS.—The term ‘‘CSRS’’ means the Civil made) by an employee or any other individual paragraph (2) before the end of any time limita- Service Retirement System. under this title shall be irrevocable. tion under this subsection, the corrective action

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2000 CONGRESSIONAL RECORD — SENATE S7579 taken before such time limitation shall remain in CHAPTER 2—EMPLOYEE WHO SHOULD CHAPTER 4—EMPLOYEE WHO WAS effect. HAVE BEEN FERS COVERED, CSRS-OFF- ERRONEOUSLY FERS COVERED SEC. 2102. ANNUITANTS AND SURVIVORS. SET COVERED, OR CSRS COVERED, BUT SEC. 2131. EMPLOYEE WHO SHOULD BE SOCIAL WHO WAS ERRONEOUSLY SOCIAL SECU- SECURITY-ONLY COVERED, CSRS (a) IN GENERAL.—This section shall apply in RITY-ONLY COVERED INSTEAD COVERED, OR CSRS-OFFSET COV- the case of an individual who is— SEC. 2111. APPLICABILITY. ERED AND IS NOT FERS-ELIGIBLE, (1) an annuitant who should have been FERS BUT WHO IS ERRONEOUSLY FERS This chapter shall apply in the case of any covered but, as a result of a retirement coverage COVERED INSTEAD. employee who— (a) APPLICABILITY.—This section applies in error, was CSRS covered or CSRS-Offset covered (1) should be (or should have been) FERS cov- the case of a retirement coverage error in which instead; or ered but, as a result of a retirement coverage a Social Security-Only covered, CSRS covered, (2) a survivor of an employee who should have error, is (or was) Social Security-Only covered or CSRS-Offset covered employee not eligible to been FERS covered but, as a result of a retire- instead; elect FERS coverage under authority of section ment coverage error, was CSRS covered or (2) should be (or should have been) CSRS-Off- 8402(c) of title 5, United States Code, was erro- CSRS-Offset covered instead. set covered but, as a result of a retirement cov- neously FERS covered. (b) COVERAGE.— erage error, is (or was) Social Security-Only (b) UNCORRECTED ERROR.— covered instead; or (1) ELECTION.—Not later than 180 days after (1) APPLICABILITY.—This subsection applies if (3) should be (or should have been) CSRS cov- the date of enactment of this Act, the Office the retirement coverage error has not been cor- ered but, as a result of a retirement coverage shall prescribe regulations authorizing an indi- rected before the effective date of the regula- error, is (or was) Social Security-Only covered vidual described under subsection (a) to elect tions described in paragraph (2). instead. CSRS-Offset coverage or FERS coverage, effec- (2) COVERAGE.— tive as of the date of the retirement coverage SEC. 2112. CORRECTION MANDATORY. (A) ELECTION.— error. (a) UNCORRECTED ERROR.—If the retirement (i) IN GENERAL.—Upon written notice of a re- (2) TIME LIMITATION.—An election under this coverage error has not been corrected, as soon tirement coverage error, an individual may elect subsection shall be made not later than 18 as practicable after discovery of the error, such to remain FERS covered or to be Social Security- months after the effective date of the regula- individual shall be covered under the correct re- Only covered, CSRS covered, or CSRS-Offset tions prescribed under paragraph (1). tirement coverage, effective as of the date of the covered, as would have applied in the absence of retirement coverage error. (3) REDUCED ANNUITY.— the erroneous retirement coverage determina- (b) CORRECTED ERROR.—If the retirement cov- (A) AMOUNT IN ACCOUNT.—If the individual tion, effective as of the date of the retirement erage error has been corrected, the corrective ac- coverage error. Such election shall be made not elects CSRS-Offset coverage, the amount in the tion previously taken shall remain in effect. employee’s Thrift Savings Fund account under later than 180 days after the date of receipt of subchapter III of chapter 84 of title 5, United CHAPTER 3—EMPLOYEE WHO SHOULD OR such notice. States Code, on the date of retirement that rep- COULD HAVE BEEN SOCIAL SECURITY- (ii) TREATMENT OF FERS ELECTION.—An elec- resents the Government’s contributions and ONLY COVERED BUT WHO WAS ERRO- tion of FERS coverage under this subsection is earnings on those contributions (whether or not NEOUSLY CSRS-OFFSET COVERED OR deemed to be an election under section 301 of the such amount was subsequently distributed from CSRS COVERED INSTEAD Federal Employees Retirement System Act of the Thrift Savings Fund) will form the basis for SEC. 2121. EMPLOYEE WHO SHOULD BE SOCIAL 1986 (5 U.S.C. 8331 note; Public Law 99–335; 100 a reduction in the individual’s annuity, under SECURITY-ONLY COVERED, BUT WHO Stat. 599). IS ERRONEOUSLY CSRS OR CSRS- (B) NONELECTION.—If the individual does not regulations prescribed by the Office. OFFSET COVERED INSTEAD. make an election before the date provided under (B) REDUCTION.—The reduced annuity to (a) APPLICABILITY.—This section applies in subparagraph (A), the individual shall remain which the individual is entitled shall be equal to the case of a retirement coverage error in which FERS covered, effective as of the date of the re- an amount which, when taken together with the a Social Security-Only covered employee was er- tirement coverage error. amount referred to in subparagraph (A), would roneously CSRS covered or CSRS-Offset cov- (3) EMPLOYEE CONTRIBUTIONS IN THRIFT SAV- result in the present value of the total being ac- ered. INGS FUND.—If under this section, an individual tuarially equivalent to the present value of an (b) UNCORRECTED ERROR.— elects to be Social Security-Only covered, CSRS unreduced CSRS-Offset annuity that would (1) APPLICABILITY.—This subsection applies if covered, or CSRS-Offset covered, all employee have been provided the individual. the retirement coverage error has not been cor- contributions to the Thrift Savings Fund made (4) REDUCED BENEFIT.—If— rected before the effective date of the regula- during the period of erroneous FERS coverage (A) a surviving spouse elects CSRS-Offset ben- tions described in paragraph (3). (and all earnings on such contributions) may re- efits; and (2) COVERAGE.—In the case of an individual main in the Thrift Savings Fund in accordance (B) a FERS basic employee death benefit who is erroneously CSRS covered, as soon as with regulations prescribed by the Executive Di- under section 8442(b) of title 5, United States practicable after discovery of the error, and sub- rector, notwithstanding any limit under section Code, was previously paid; ject to the right of an election under paragraph 8351 or 8432 of title 5, United States Code. (3), such individual shall be CSRS-Offset cov- (4) REGULATIONS.—Except as provided under then the survivor’s CSRS-Offset benefit shall be ered, effective as of the date of the retirement paragraph (3), the Office shall prescribe regula- subject to a reduction, under regulations pre- coverage error. tions to carry out this subsection. scribed by the Office. The reduced annuity to (3) ELECTION.— (c) CORRECTED ERROR.— which the individual is entitled shall be equal to (A) IN GENERAL.—Upon written notice of a re- (1) APPLICABILITY.—This subsection applies if an amount which, when taken together with the tirement coverage error, an individual may elect the retirement coverage error was corrected be- amount of the payment referred to under sub- to be CSRS-Offset covered or Social Security- fore the effective date of the regulations de- paragraph (B) would result in the present value Only covered, effective as of the date of the re- scribed under paragraph (2). of the total being actuarially equivalent to the tirement coverage error. Such election shall be (2) ELECTION.—Not later than 180 days after present value of an unreduced CSRS-Offset an- made not later than 180 days after the date of the date of enactment of this Act, the Office nuity that would have been provided the indi- receipt of such notice. shall prescribe regulations authorizing individ- vidual. (B) NONELECTION.—If the individual does not uals to elect, during the 18-month period imme- (5) PREVIOUS SETTLEMENT PAYMENT.—An indi- make an election before the date provided under diately following the effective date of such regu- vidual who previously received a payment or- subparagraph (A), the individual shall remain lations to remain Social Security-Only covered, dered by a court or provided as a settlement of CSRS-Offset covered. CSRS covered, or CSRS-Offset covered, or to be claim for losses resulting from a retirement cov- (C) REGULATIONS.—The Office shall prescribe FERS covered, effective as of the date of the re- erage error may not make an election under this regulations to carry out this paragraph. tirement coverage error. subsection unless repayment of that amount is (c) CORRECTED ERROR.— (3) NONELECTION.—If an eligible individual (1) APPLICABILITY.—This subsection applies if waived in whole or in part under section 2208, does not make an election under paragraph (2), the retirement coverage error was corrected be- and any amount not waived is repaid. the corrective action taken before the end of any fore the effective date of the regulations de- time limitation under this subsection shall re- (c) NONELECTION.—If the individual does not scribed under subsection (b)(3). main in effect. make an election under subsection (b) before (2) ELECTION.—Not later than 180 days after any time limitation under this section, the re- (4) TREATMENT OF FERS ELECTION.—An elec- the date of enactment of this Act, the Office tion of FERS coverage under this subsection is tirement coverage shall be subject to the fol- shall prescribe regulations authorizing individ- lowing rules: deemed to be an election under section 301 of the uals to elect, during the 18-month period imme- Federal Employees Retirement System Act of (1) CORRECTIVE ACTION PREVIOUSLY TAKEN.— diately following the effective date of such regu- If corrective action was taken before the end of 1986 (5 U.S.C. 8331 note; Public Law 99–335; 100 lations, to be CSRS-Offset covered or Social Se- Stat. 599). any time limitation under this section, that cor- curity-Only covered, effective as of the date of rective action shall remain in effect. the retirement coverage error. SEC. 2132. FERS-ELIGIBLE EMPLOYEE WHO SHOULD HAVE BEEN CSRS COVERED, (2) CORRECTIVE ACTION NOT PREVIOUSLY (3) NONELECTION.—If an eligible individual CSRS-OFFSET COVERED, OR SOCIAL TAKEN.—If corrective action was not taken be- does not make an election under paragraph (2) SECURITY-ONLY COVERED, BUT WHO fore such time limitation, the employee shall be before the end of any time limitation under this WAS ERRONEOUSLY FERS COVERED CSRS-Offset covered, retroactive to the date of subsection, the corrective action taken before INSTEAD WITHOUT AN ELECTION. the retirement coverage error. such time limitation shall remain in effect. (a) IN GENERAL.—

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 6333 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7580 CONGRESSIONAL RECORD — SENATE July 25, 2000

(1) FERS ELECTION PREVENTED.—If an indi- tive date of this title, the corrective action taken amount that, when taken together with the vidual was prevented from electing FERS cov- before such date shall remain in effect. amount referred to under subparagraph (A), erage because the individual was erroneously Subtitle B—General Provisions would result in the present value of the total FERS covered during the period when the indi- being actuarially equivalent to the present value SEC. 2201. IDENTIFICATION AND NOTIFICATION vidual was eligible to elect FERS under title III REQUIREMENTS. of the unreduced annuity benefit that would of the Federal Employees Retirement System Act Government agencies shall take all such meas- have been provided the individual. or the Federal Employees’ Retirement System ures as may be reasonable and appropriate to (3) SURVIVOR ANNUITY.— (A) IN GENERAL.—If at the time of commence- Open Enrollment Act of 1997 (Public Law 105– promptly identify and notify individuals who ment of a survivor annuity, there is remaining 61; 111 Stat. 1318 et seq.), the individual— are (or have been) affected by a retirement cov- unpaid any CSRS service credit deposit de- (A) is deemed to have elected FERS coverage; erage error of their rights under this title. and scribed under paragraph (1), and there has been (B) shall remain covered by FERS, unless the SEC. 2202. INFORMATION TO BE FURNISHED TO no actuarial reduction in an annuity under AND BY AUTHORITIES ADMIN- individual declines, under regulations pre- ISTERING THIS TITLE. paragraph (2), the survivor annuity shall be re- scribed by the Office, to be FERS covered. duced based upon the amount unpaid together (a) APPLICABILITY.—The authorities identified (2) DECLINING FERS COVERAGE.—If an indi- in this subsection are— with interest computed in accordance with sec- vidual described under paragraph (1)(B) de- (1) the Director of the Office of Personnel tion 8334(e) (2) and (3) of title 5, United States clines to be FERS covered, such individual shall Management; Code, and regulations prescribed by the Office. be CSRS covered, CSRS-Offset covered, or Social (2) the Commissioner of Social Security; and (B) AMOUNT.—The reduced survivor annuity Security-Only covered, as would apply in the (3) the Executive Director of the Federal Re- to which the individual is entitled shall be equal absence of a FERS election, effective as of the tirement Thrift Investment Board. to an amount that, when taken together with date of the erroneous retirement coverage deter- (b) AUTHORITY TO OBTAIN INFORMATION.— the amount referred to under subparagraph (A), mination. Each authority identified in subsection (a) may would result in the present value of the total (b) EMPLOYEE CONTRIBUTIONS IN THRIFT SAV- secure directly from any department or agency being actuarially equivalent to the present value INGS FUND.—If under this section, an individual of the United States information necessary to of an unreduced survivor annuity benefit that declines to be FERS covered and instead is So- enable such authority to carry out its respon- would have been provided the individual. cial Security-Only covered, CSRS covered, or sibilities under this title. Upon request of the SEC. 2204. PROVISIONS RELATED TO SOCIAL SE- CSRS-Offset covered, as would apply in the ab- authority involved, the head of the department CURITY COVERAGE OF MISCLASSIFIED EMPLOYEES. sence of a FERS election, all employee contribu- or agency involved shall furnish that informa- (a) DEFINITIONS.—In this section, the term— tions to the Thrift Savings Fund made during tion to the requesting authority. (1) ‘‘covered individual’’ means any employee, the period of erroneous FERS coverage (and all (c) AUTHORITY TO PROVIDE INFORMATION.— former employee, or annuitant who— earnings on such contributions) may remain in Each authority identified in subsection (a) may (A) is or was employed erroneously subject to the Thrift Savings Fund in accordance with reg- provide directly to any department or agency of CSRS coverage as a result of a retirement cov- ulations prescribed by the Executive Director, the United States all information such authority erage error; and notwithstanding any limit that would otherwise believes necessary to enable the department or be applicable. (B) is or was retroactively converted to CSRS- agency to carry out its responsibilities under offset coverage, FERS coverage, or Social Secu- (c) INAPPLICABILITY OF DURATION OF ERRO- this title. NEOUS OVERAGE rity-only coverage; and C .—This section shall apply re- (d) LIMITATION; SAFEGUARDS.—Each of the re- gardless of the length of time the erroneous cov- (2) ‘‘excess CSRS deduction amount’’ means spective authorities under subsection (a) shall— an amount equal to the difference between the erage determination remained in effect. (1) request or provide only such information SEC. 2133. RETROACTIVE EFFECT. CSRS deductions withheld and the CSRS-Offset as that authority considers necessary; and or FERS deductions, if any, due with respect to This chapter shall be effective as of January (2) establish, by regulation or otherwise, ap- a covered individual during the entire period 1, 1987, except that section 2132 shall not apply propriate safeguards to ensure that any infor- the individual was erroneously subject to CSRS to individuals who made or were deemed to have mation obtained under this section shall be used coverage as a result of a retirement coverage made elections similar to those provided in this only for the purpose authorized. section under regulations prescribed by the Of- error. SEC. 2203. SERVICE CREDIT DEPOSITS. EPORTS TO COMMISSIONER OF SOCIAL SE- fice before the effective date of this title. (b) R (a) CSRS DEPOSIT.—In the case of a retire- CURITY.— CHAPTER 5—EMPLOYEE WHO SHOULD ment coverage error in which— (1) IN GENERAL.—In order to carry out the HAVE BEEN CSRS-OFFSET COVERED, (1) a FERS covered employee was erroneously Commissioner of Social Security’s responsibil- BUT WHO WAS ERRONEOUSLY CSRS CSRS covered or CSRS-Offset covered; ities under title II of the Social Security Act, the COVERED INSTEAD (2) the employee made a service credit deposit Commissioner may request the head of each SEC. 2141. APPLICABILITY. under the CSRS rules; and agency that employs or employed a covered indi- This chapter shall apply in the case of any (3) there is a subsequent retroactive change to vidual to report (in coordination with the Office employee who should be (or should have been) FERS coverage; of Personnel Management) in such form and CSRS-Offset covered but, as a result of a retire- the excess of the amount of the CSRS civilian or within such timeframe as the Commissioner may ment coverage error, is (or was) CSRS covered military service credit deposit over the FERS ci- specify, any or all of— instead. vilian or military service credit deposit, together (A) the total wages (as defined in section SEC. 2142. CORRECTION MANDATORY. with interest computed in accordance with 3121(a) of the Internal Revenue Code of 1986) (a) UNCORRECTED ERROR.—If the retirement paragraphs (2) and (3) of section 8334(e) of title paid to such individual during each year of the coverage error has not been corrected, as soon 5, United States Code, and regulations pre- entire period of the erroneous CSRS coverage; as practicable after discovery of the error, such scribed by the Office, shall be paid to the em- and individual shall be covered under the correct re- ployee, the annuitant or, in the case of a de- (B) such additional information as the Com- tirement coverage, effective as of the date of the ceased employee, to the individual entitled to missioner may require for the purpose of car- retirement coverage error. lump-sum benefits under section 8424(d) of title rying out the Commissioner’s responsibilities (b) CORRECTED ERROR.—If the retirement cov- 5, United States Code. under title II of the Social Security Act (42 erage error has been corrected before the effec- (b) FERS DEPOSIT.— U.S.C. 401 et seq.). tive date of this title, the corrective action taken (1) APPLICABILITY.—This subsection applies in (2) COMPLIANCE.—The head of an agency or before such date shall remain in effect. the case of an erroneous retirement coverage de- the Office shall comply with a request from the termination in which— Commissioner under paragraph (1). CHAPTER 6—EMPLOYEE WHO SHOULD (A) the employee owed a service credit deposit (3) WAGES.—For purposes of section 201 of the HAVE BEEN CSRS COVERED, BUT WHO under section 8411(f) of title 5, United States Social Security Act (42 U.S.C. 401), wages re- WAS ERRONEOUSLY CSRS-OFFSET COV- Code; and ported under this subsection shall be deemed to ERED INSTEAD (B)(i) there is a subsequent retroactive change be wages reported to the Secretary of the Treas- SEC. 2151. APPLICABILITY. to CSRS or CSRS-Offset coverage; or ury or the Secretary’s delegates pursuant to This chapter shall apply in the case of any (ii) the service becomes creditable under chap- subtitle F of the Internal Revenue Code of 1986. employee who should be (or should have been) ter 83 of title 5, United States Code. (c) PAYMENT RELATING TO OASDI EMPLOYEE CSRS covered but, as a result of a retirement (2) REDUCED ANNUITY.— TAXES.— coverage error, is (or was) CSRS-Offset covered (A) IN GENERAL.—If at the time of commence- (1) IN GENERAL.—The Office shall transfer instead. ment of an annuity there is remaining unpaid from the Civil Service Retirement and Disability SEC. 2152. CORRECTION MANDATORY. CSRS civilian or military service credit deposit Fund to the General Fund of the Treasury an (a) UNCORRECTED ERROR.—If the retirement for service described under paragraph (1), the amount equal to the lesser of the excess CSRS coverage error has not been corrected, as soon annuity shall be reduced based upon the deduction amount or the OASDI taxes due for as practicable after discovery of the error, such amount unpaid together with interest computed covered individuals (as adjusted by amounts individual shall be covered under the correct re- in accordance with section 8334(e) (2) and (3) of transferred relating to applicable OASDI em- tirement coverage, effective as of the date of the title 5, United States Code, and regulations pre- ployee taxes as a result of corrections made, in- retirement coverage error. scribed by the Office. cluding corrections made before the date of en- (b) CORRECTED ERROR.—If the retirement cov- (B) AMOUNT.—The reduced annuity to which actment of this Act). If the excess CSRS deduc- erage error has been corrected before the effec- the individual is entitled shall be equal to an tions exceed the OASDI taxes, any difference

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shall be paid to the covered individual or sur- (c) REGULATIONS.— ing the process and criteria used in exercising vivors, as appropriate. (1) EXECUTIVE DIRECTOR.—The Executive Di- the authority under this section. (2) TRANSFER.—Amounts transferred under rector shall prescribe regulations appropriate to (e) REPORT.—The Office of Personnel Man- this subsection shall be determined notwith- carry out this section relating to retroactive em- agement shall, not later than 180 days after the standing any limitation under section 6501 of ployee contributions and payments made on or date of enactment of this Act, and annually the Internal Revenue Code of 1986. after the effective date of the regulations under thereafter for each year in which the authority (d) PAYMENT OF OASDI EMPLOYER TAXES.— section 2101(c). provided in this section is used, submit a report (1) IN GENERAL.—Each employing agency shall (2) OFFICE.—The Office, in consultation with to each House of Congress on the operation of pay an amount equal to the OASDI employer the Federal Retirement Thrift Investment this section. taxes owed with respect to covered individuals Board, shall prescribe regulations appropriate to SEC. 2209. REGULATIONS. during the applicable period of erroneous cov- carry out this section relating to the calculation (a) IN GENERAL.—In addition to the regula- erage (as adjusted by amounts transferred for of lost earnings on retroactive employee con- tions specifically authorized in this title, the Of- the payment of such taxes as a result of correc- tributions made before the effective date of the fice may prescribe such other regulations as are tions made, including corrections made before regulations under section 2101(c). necessary for the administration of this title. the date of enactment of this Act). SEC. 2206. CERTAIN AGENCY AMOUNTS TO BE (b) FORMER SPOUSE.—The regulations pre- (2) PAYMENT.—Amounts paid under this sub- PAID INTO OR REMAIN IN THE scribed under this title shall provide for protec- section shall be determined subject to any limi- CSRDF. tion of the rights of a former spouse with enti- tation under section 6501 of the Internal Rev- (a) CERTAIN EXCESS AGENCY CONTRIBUTIONS tlement to an apportionment of benefits or to enue Code of 1986. TO REMAIN IN THE CSRDF.— survivor benefits based on the service of the em- (e) APPLICATION OF OASDI TAX PROVISIONS (1) IN GENERAL.—Any amount described under ployee. OF THE INTERNAL REVENUE CODE OF 1986 TO AF- paragraph (2) shall— FECTED INDIVIDUALS AND EMPLOYING AGEN- (A) remain in the CSRDF; and Subtitle C—Other Provisions CIES.—A covered individual and the individual’s (B) may not be paid or credited to an agency. SEC. 2301. PROVISIONS TO AUTHORIZE CONTIN- employing agency shall be deemed to have fully (2) AMOUNTS.—Paragraph (1) refers to any UED CONFORMITY OF OTHER FED- satisfied in a timely manner their responsibil- amount of contributions made by an agency ERAL RETIREMENT SYSTEMS. ities with respect to the taxes imposed by sec- under section 8423 of title 5, United States Code, (a) FOREIGN SERVICE.—Sections 827 and 851 of tions 3101(a), 3102(a), and 3111(a) of the Inter- on behalf of any employee, former employee, or the Foreign Service Act of 1980 (22 U.S.C. 4067 nal Revenue Code of 1986 on the wages paid by annuitant (or survivor of such employee, former and 4071) shall apply with respect to this title in the employing agency to such individual during employee, or annuitant) who makes an election the same manner as if this title were part of— the entire period such individual was erro- to correct a retirement coverage error under this (1) the Civil Service Retirement System, to the neously subject to CSRS coverage as a result of title, that the Office determines to be excess as extent this title relates to the Civil Service Re- a retirement coverage error based on the pay- a result of such election. tirement System; and ments and transfers made under subsections (c) (b) ADDITIONAL EMPLOYEE RETIREMENT DE- (2) the Federal Employees’ Retirement System, and (d). No credit or refund of taxes on such DUCTIONS TO BE PAID BY AGENCY.—If a correc- to the extent this title relates to the Federal Em- wages shall be allowed as a result of this sub- tion in a retirement coverage error results in an ployees’ Retirement System. section. increase in employee deductions under section (b) CENTRAL INTELLIGENCE AGENCY.—Sections SEC. 2205. THRIFT SAVINGS PLAN TREATMENT 8334 or 8422 of title 5, United States Code, that 292 and 301 of the Central Intelligence Agency FOR CERTAIN INDIVIDUALS. cannot be fully paid by a reallocation of other- Retirement Act (50 U.S.C. 2141 and 2151) shall (a) APPLICABILITY.—This section applies to an wise available amounts previously deducted apply with respect to this title in the same man- individual who— from the employee’s pay as employment taxes or ner as if this title were part of— (1) is eligible to make an election of coverage retirement deductions, the employing agency— (1) the Civil Service Retirement System, to the under section 2101 or 2102, and only if FERS (1) shall pay the required additional amount extent this title relates to the Civil Service Re- coverage is elected (or remains in effect) for the into the CSRDF; and tirement System; and employee involved; or (2) shall not seek repayment of that amount (2) the Federal Employees’ Retirement System, (2) is described in section 2111, and makes or from the employee, former employee, annuitant, to the extent this title relates to the Federal Em- has made retroactive employee contributions to or survivor. ployees’ Retirement System. the Thrift Savings Fund under regulations pre- SEC. 2207. CSRS COVERAGE DETERMINATIONS TO SEC. 2302. AUTHORIZATION OF PAYMENTS. scribed by the Executive Director. BE APPROVED BY OPM. All payments authorized or required by this (b) PAYMENT INTO THRIFT SAVINGS FUND.— No agency shall place an individual under title to be paid from the Civil Service Retirement (1) IN GENERAL.— CSRS coverage unless— and Disability Fund, together with administra- (A) PAYMENT.—With respect to an individual (1) the individual has been employed with tive expenses incurred by the Office in admin- to whom this section applies, the employing CSRS coverage within the preceding 365 days; or istering this title, shall be deemed to have been agency shall pay to the Thrift Savings Fund (2) the Office has agreed in writing that the authorized to be paid from that Fund, which is under subchapter III of chapter 84 of title 5, agency’s coverage determination is correct. appropriated for the payment thereof. United States Code, for credit to the account of SEC. 2208. DISCRETIONARY ACTIONS BY DIREC- SEC. 2303. INDIVIDUAL RIGHT OF ACTION PRE- the employee involved, an amount equal to the TOR. SERVED FOR AMOUNTS NOT OTHER- earnings which are disallowed under section (a) IN GENERAL.—The Director of the Office of WISE PROVIDED FOR UNDER THIS 8432a(a)(2) of such title on the employee’s retro- Personnel Management may— TITLE. active contributions to such Fund. (1) extend the deadlines for making elections Nothing in this title shall preclude an indi- (B) AMOUNT.—Earnings under subparagraph under this title in circumstances involving an vidual from bringing a claim against the Gov- (A) shall be computed in accordance with the individual’s inability to make a timely election ernment of the United States which such indi- procedures for computing lost earnings under due to a cause beyond the individual’s control; vidual may have under section 1346(b) or chap- section 8432a of title 5, United States Code. The (2) provide for the reimbursement of necessary ter 171 of title 28, United States Code, or any amount paid by the employing agency shall be and reasonable expenses incurred by an indi- other provision of law (except to the extent the treated for all purposes as if that amount had vidual with respect to settlement of a claim for claim is for any amounts otherwise provided for actually been earned on the basis of the em- losses resulting from a retirement coverage error, under this title). ployee’ s contributions. including attorney’s fees, court costs, and other Subtitle D—Effective Date (C) EXCEPTIONS.—If an individual made retro- actual expenses; active contributions before the effective date of (3) compensate an individual for monetary SEC. 2401. EFFECTIVE DATE. the regulations under section 2101(c), the Direc- losses that are a direct and proximate result of Except as otherwise provided in this title, this tor may provide for an alternative calculation of a retirement coverage error, excluding claimed title shall take effect on the date of enactment lost earnings to the extent that a calculation losses relating to forgone contributions and of this Act. under subparagraph (B) is not administratively earnings under the Thrift Savings Plan under Ms. MIKULSKI. Mr. President, I rise feasible. The alternative calculation shall yield subchapter III of chapter 84 of title 5, United today in strong support of final passage an amount that is as close as practicable to the States Code, and all other investment opportuni- of H.R. 4040, The Long-Term Care Secu- amount computed under subparagraph (B), tak- ties; and ing into account earnings previously paid. (4) waive payments required due to correction rity Act. As the lead Democratic spon- (2) ADDITIONAL EMPLOYEE CONTRIBUTION.—In of a retirement coverage error under this title. sor of the Senate companion to this cases in which the retirement coverage error was (b) SIMILAR ACTIONS.—In exercising the au- bill, S. 2420, I believe this is an impor- corrected before the effective date of the regula- thority under this section, the Director shall, to tant part of our down-payment on find- tions under section 2101(c), the employee in- the extent practicable, provide for similar ac- ing solutions to the exploding problem volved shall have an additional opportunity to tions in situations involving similar cir- of long-term care. make retroactive contributions for the period of cumstances. Without long-term care coverage, no the retirement coverage error (subject to applica- (c) JUDICIAL REVIEW.—Actions taken under ble limits), and such contributions (including this section are final and conclusive, and are family has real security against the any contributions made after the date of the not subject to administrative or judicial review. costs of chronic illness or disability. correction) shall be treated in accordance with (d) REGULATIONS.—The Office of Personnel The Long-Term Care Security Act H.R. paragraph (1). Management shall prescribe regulations regard- 4040 (S. 2420), does 4 things:

VerDate Mar 15 2010 23:33 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25JY0.REC S25JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7582 CONGRESSIONAL RECORD — SENATE July 25, 2000 1. Enables federal and military work- benefits program does not cover long- a commitment to devote their careers ers, retirees and their families to pur- term care—even for retirees. You may to public service. In return, our govern- chase long-term care insurance at not have family to provide care and ment made certain promises to them. group rates—projected to be 15 percent your pension probably isn’t large One important promise made was the to 20 percent below the private market. enough to finance the high costs of promise of health insurance. The lack 2. Creates a model that private em- long-term care. Where do you go? of long-term care for federal workers ployers can use to establish their own Many Americans are currently facing has been a big gap in this important long-term care insurance program. these difficult decisions. Consider that: promise to our federal workers. This 3. Provides help to those who prac- At least 5.8 million Americans aged legislation will close that gap and pro- tice self-help by offering employees the 65 or older currently need long-term vide our federal workers and retirees option to better prepare for their re- care. with comprehensive health insurance. tirement. As many as six out of 10 Americans I reiterate my commitment to find- 4. Reduces the reliance on federal have experienced a long-term care ing long-term solutions to the long- programs, like Medicaid, so the Amer- need. term care problem. I am proud that ican taxpayer benefits. Federal work- 41 percent of women in caregiver this bipartisan bill takes an important ers also benefit because they are pay- roles quit their jobs or take family step forward in helping all Americans ing lower premiums than they would medical leave to care for a frail older to prepare for the challenges facing our get in the private market. parent or parent-in-law. aging population. I am a strong supporter of The Long- 80 percent of all long-term care serv- I would like to thank Senator Term Care Security Act because it ices are provided by family and friends. CLELAND, Senator GRASSLEY, Senator gives people choices, flexibility and se- These statistics represent the enor- AKAKA, Senator COCHRAN, Senator LIE- curity. Faced with a sick parent or mous financial and emotional costs as- BERMAN and Senator THOMPSON for all spouse, most Americans currently do sociated with long-term care. This leg- of their hard work in coming to a bi- not have a lot of choices. They may islation is an essential step in pro- partisan consensus on how best to pro- choose, or be forced, to spend down viding opportunities for federal work- vide federal and military employees, their assets in order to qualify for Med- ers to plan ahead for retirement so retirees, and their families with the op- icaid. They, or a spouse, may quit their they can take responsibility for their portunity to purchase long-term care job to do some of the caregiving them- future long-term care needs. insurance. Additionally, many Senate selves. Or, families may be forced to Since my first days in Congress, I staff worked very hard in developing make the difficult choice of putting a have been fighting to help people afford this compromise: Nanci Langley, Hope child through college, or paying for the burdens of long-term care. Eleven Hegstrom, Michael Loesch, Tamara long-term care for a parent. This legis- years ago, I introduced legislation now Jones, Judy White, Larry Novey, and lation gives people better, more in- known as Spousal Anti-Impoverish- Dan Blair. And I would like to thank formed choices. ment. My bill changed the cruel rules Cynthia Brock-Smith and Frank Titus It also provides people with flexi- of government that forced elderly cou- at the Office of Personnel Manage- bility because beneficiaries will have ples to go bankrupt before they could ment. different types of settings where they get any help in paying for nursing Mr. NICKLES. Mr. President, I ask can receive care. They may choose to home care. unanimous consent that the committee be cared for in the home by a family Through the Older Americans Act, substitute be agreed to, and the bill be caregiver—or they may need a higher seniors have easier access to informa- considered read the third time. level of care that nursing homes and tion and referrals they need to make I further ask that H.R. 4040 be dis- home health care services provide. Dif- good choices about long-term care. I charged from the Governmental Affairs ferent plan reimbursement options will am also working hard to create a Na- Committee and the Senate proceed to ensure maximum flexibility that meet tional Family Caregivers Program so its consideration. I further ask consent the unique health care needs of the that families can access comprehensive that all after the enacting clause be beneficiary. information when faced with the diz- stricken and the text of S. 2420, as Long-term care insurance also pro- zying array of choices in addressing the amended, be inserted in lieu thereof. I vides families with some security. long-term care needs of a family mem- further ask consent that the bill be Family members will not be burdened ber. read the third time and passed, the mo- by trying to figure out how to finance It is clear that we have a long-term tion to reconsider be laid upon the health care needs—and beneficiaries care problem. The Office of Personnel table, the amendment to the title be will be able to make informed decisions Management estimates that 96,000 fed- agreed to, and that any statements re- about their future. eral employees will be retiring in the lating to the bill be printed in the Some of us have faced the challenge year 2001. Providing federal employees RECORD. I finally ask consent that S. of having a family member who needed with a long-term care insurance benefit 2420 be placed back on the calendar. long-term care. It is emotionally and is a down payment on a solution. The PRESIDING OFFICER. Without financially difficult. But, imagine if I am starting with federal employees objection, it is so ordered. you are a secretary working at the So- for two reasons. As our nation’s largest The bill (H.R. 4040), as amended, was cial Security Administration, or a cus- employer, the federal government can read the third time and passed. todial worker here in the Senate. And be a model for employers around the The title was amended so as to read: a family member gets Alzheimers, or country whose workforce will be facing A bill to amend title 5, United States Code, Parkinsons, or has some other illness the same long-term care needs. Start- to provide for the establishment of a pro- that requires long-term health care. ing with the nation’s largest employer gram under which long-term care insurance Your paycheck probably isn’t big also raises awareness and education is made available to Federal employees, enough to cover the cost of home about long-term care options. members of the uniformed services, and ci- vilian and military retirees, provide for the health visits, or a nursing home stay. I am a strong supporter of our federal correction of retirement coverage errors So where do you go? Medicare doesn’t employees. I am proud that so many of under chapters 83 and 84 of such title, and for cover long-term care so that is not an them live, work, and retire in Mary- other purposes. option. Should you quit your job so you land. They work hard in the service of f can take care of your parent? But then our country. And I work hard for them. what if you have a family of your own Whether it’s fighting for fair COLAs, ORDERS FOR WEDNESDAY, JULY that you need to support? Or, what if lower health care premiums, or to pre- 26, 2000 you are trying to put a child through vent unwise schemes to privatize im- Mr. NICKLES. Mr. President, I ask college? portant services our federal workforce unanimous consent that when the Sen- Consider if you are a 61 year old em- provide, they can count on me. ate completes its business today, it ad- ployee at NASA and you are diagnosed One of my principles is ‘‘promises journ until the hour of 9:30 a.m. on with cancer. You might be able to re- made should be promises kept.’’ Fed- Wednesday, July 26. I further ask con- tire, but the federal employees health eral employees and retirees have made sent that on Wednesday, immediately

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JOHN A. CAPUTO, 0000 following the prayer, the Journal of today’s session. Under the rule, that SANDRA L. CARLSON, 0000 the proceedings be approved to date, vote will be on Thursday, 1 hour after PERRY M. COLLINS, 0000 RONALD R. COLUNGA, 0000 the morning hour be deemed to have the Senate convenes. MICHAEL R. CONNERS, 0000 expired, the time for the two leaders be f VIRGIL D. COOPER, 0000 reserved for their use later in the day, GARY M. COSTELLO, 0000 ADJOURNMENT UNTIL 9:30 A.M. JAMES J. DAGOSTINO, 0000 and that the Senate then begin a pe- MICHAEL C. DANIEL, 0000 TOMORROW GARRY C. DEAN, 0000 riod of morning business for debate STEPHEN W. DEE, 0000 only until 10:15 a.m., with Senators Mr. NICKLES. Mr. President, if there EUGENE J. DELGADO, 0000 THOMAS F. DOLNICEK, 0000 permitted to speak for up to 10 minutes is no further business to come before MICHAEL D. DUBIE, 0000 each, with the following exceptions: the Senate, I now ask unanimous con- RUSSELL G. ERLER, 0000 DAVID L. FERRE, 0000 Senator DURBIN, or his designee, in sent that the Senate stand in adjourn- DONALD P. FLINN, 0000 control of the first 20 minutes; Senator ment under the previous order. HERBERT J. FOARD, 0000 DOUGLAS G. FOSTER, 0000 COLLINS, or her designee, in control of There being no objection, the Senate, STEVEN E. FOSTER, 0000 the second 20 minutes. at 6:36 p.m., adjourned until Wednes- WILLIAM R. GAIN, 0000 JAY C. GATES, 0000 Mr. REID. Reserving the right to ob- day, July 26, 2000, at 9:30 a.m. MICHAEL D. GULLIHUR, 0000 ject, Mr. President, I want to make a WILLIAM S. HADAWAY III, 0000 f JOHNNY O. HAIKEY, 0000 parliamentary inquiry. Earlier today, I JAMES L. HALVERSON, 0000 asked if 1 hour prior to the cloture vote NOMINATIONS GEHL L. HAMMOND, 0000 JOSEPH W. HIDY, 0000 it would be permissible to file a cloture Executive nominations received by MICHAEL W. HORNE, 0000 motion on PNTR, and the Chair re- the Senate July 25, 2000: WILLIAM E. IGNATOW, 0000 sponded that would be OK, the answer DON S. JACKSON, JR., 0000 DEPARTMENT OF THE TREASURY ROBERT A. KARP, 0000 would be yes. I say to the Chair today, MARCEL E. KERDAVID, JR., 0000 JONATHAN TALISMAN, OF MARYLAND, TO BE AN AS- RICHARD D. KING, 0000 with the 45 minutes just outlined, SISTANT SECRETARY OF THE TREASURY, VICE DONALD DENNIS W. KOTKOSKI, 0000 would that answer still be, yes, it could C. LUBICK, RESIGNED. THOMAS E. LARSON, 0000 INTERNATIONAL MONETARY FUND ROBERT L. LEEKER, 0000 be filed under that 45-minute period in KNOX D. LEWIS, 0000 the morning? MARGRETHE LUNDSAGER, OF VIRGINIA, TO BE UNITED JAMES M. LILLIS, 0000 The PRESIDING OFFICER. This STATES ALTERNATE EXECUTIVE DIRECTOR OF THE RICHARD L. LOHNES, 0000 INTERNATIONAL MONETARY FUND FOR A TERM OF TWO LYLE F. LONCOSTY, 0000 agreement provides for debate only. YEARS, VICE BARRY S. NEWMAN, TERM EXPIRED. RAYMOND R. MAHALICK, 0000 That precludes a motion to proceed. ALAN L. MALONE, 0000 IN THE ARMY HAROLD C. MANSON, 0000 Mr. REID. Mr. President, I suggest THE FOLLOWING ARMY NATIONAL GUARD OF THE JAMES D. MARQUES, 0000 the absence of a quorum. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- RICHARD P. MARTELL, 0000 SERVE OF THE ARMY TO THE GRADE INDICATED UNDER JAMES R. MASON, 0000 The PRESIDING OFFICER. The TITLE 10, U.S.C., SECTION 12203: JOHN P. MATANOCK, 0000 clerk will call the roll. LAURENCE D. MATLOCK, 0000 To be brigadier general ELWOOD J. MAYBERRY, JR., 0000 The legislative clerk proceeded to PATRICIA U. MEHMKEN, 0000 call the roll. COL. WILLIAM T. NESBITT, 0000 JOHN E. MOONEY, JR., 0000 JOHN D. MOORE, 0000 Mr. NICKLES. Mr. President, I ask THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT IN THE WAYNE R. MROZINSKI, 0000 unanimous consent that the order for RESERVE OF THE ARMY TO THE GRADE INDICATED DAVID W. NEWMAN, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL J. O TOOLE, 0000 the quorum call be rescinded. PETER W. PALFREYMAN III, 0000 The PRESIDING OFFICER. Without To be major general DARRELL G. PIATT, 0000 GEORGE E. PIGEON, 0000 objection, it is so ordered. BRIG. GEN. DAVID P. RATACZAK, 0000 CAROLYN J. PROTZMANN, 0000 Mr. NICKLES. Mr. President, I will To be brigadier general JAMES K. ROBINSON, 0000 JOHN G. ROBINSON, 0000 modify the unanimous consent request COL. GEORGE J. ROBINSON, 0000 RANDY A. ROEBUCK, 0000 DENNIS S. SARKISIAN, 0000 to state that morning business be for IN THE NAVY debate only, with the exception of the GREGORY J. SCHWAB, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RANDOLPH M. SCOTT, 0000 majority leader, or his designee, to IN THE UNITED STATES NAVY TO THE GRADE INDICATED CHESTER G. SEAMAN, JR., 0000 make a motion dealing with cloture WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PETER M. SHANAHAN, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: FRANK H. SHAW, JR., 0000 until 10:15 a.m., with Senators per- STEVEN H. SLUSHER, 0000 To be vice admiral HAROLD S. SMITH, 0000 mitted to speak up to 10 minutes each. JEFFREY A. SOLDNER, 0000 The PRESIDING OFFICER. Is there REAR ADM. RICHARD W. MAYO, 0000 CLARK F. SPEICHER, 0000 IN THE AIR FORCE CAROL A. SPILLERS, 0000 objection? PAUL C. STCIN, 0000 Without objection, it is so ordered. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JERRY D. STEVENS, 0000 TO THE GRADES INDICATED IN THE UNITED STATES AIR ROY T. STEWART, 0000 Mr. NICKLES. I ask unanimous con- FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED WENDYL B. STEWART, 0000 sent that the vote on invoking cloture BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS HENRY L. STRAUB, 0000 624 AND 531: JANICE M. STRITZINGER, 0000 on the motion to proceed to the Treas- FREDERICK J. SUJAT, JR., 0000 ury-Postal appropriations bill be at To be lieutenant colonel LAWRENCE S. THOMAS III, 0000 10:15 a.m. DONNA L. KENNEDY, 0000 FRANK J. TISCIONE, 0000 EUSTOLIO E. MEDINA, 0000 JOHN S. TUOHY, 0000 The PRESIDING OFFICER. Without REGINA E. QUINN, 0000 JAMES M. TURNER, 0000 objection, it is so ordered. MURRAY C. ROBERTS, 0000 KENT R. WAGGONER, 0000 EMILY C. TATE, 0000 ALBERT S. WICKEL, 0000 f RICHARD P. WRIGHT, 0000 THOMAS O. WILDES, 0000 KAREN L. WINGARD, 0000 PROGRAM To be major LEWIS F. WOLF, 0000 * MARGARETE P. ASHMORE, 0000 IN THE ARMY Mr. NICKLES. Mr. President, when THOMAS F. MEEHAN III, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL D. PRAZAK, 0000 the Senate convenes at 9:30 a.m., it will TO THE GRADE INDICATED IN THE UNITED STATES ARMY be in a period for morning business THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE AND FOR REGULAR APPOINTMENT IN THE MEDICAL UNITED STATES OFFICERS FOR APPOINTMENT TO THE CORPS (MC) AND DENTAL CORPS (DE) (IDENTIFIED BY AN until 10:15 a.m. Following morning GRADE INDICATED IN THE RESERVE OF THE AIR FORCE ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624, 531, business, the Senate will proceed to a UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: AND 3064: cloture vote on the motion to proceed To be colonel To be lieutenant colonel to the Treasury-general government FRANKLIN C. ALBRIGHT, 0000 BRUCE D. ADAMS, 0000 MC RUSSELL E. ALTIZER, 0000 STEPHEN D. ADAMS, 0000 MC appropriations bill. Assuming cloture NANCY M. AUGUST, 0000 DARRYL J. AINBINDER, 0000 MC is invoked on the motion, the Senate FRANK W. BARNETT, JR., 0000 LARRY K. ANDREO, 0000 MC CHARLES. O BARRY III, 0000 MICHAEL D. BAGG, 0000 MC will begin the 30 hours of postcloture KENNETH. E BERGGREN, JR., 0000 WILLIAM P. * BAKER III, 0000 DE debate. If cloture is not invoked, there DONALD L. BOATRIGHT, 0000 WANDA D. BARFIELD, 0000 MC MICHAEL R. BOULANGER, 0000 DONALD S. BATTY, JR., 0000 MC will be a second cloture vote on the RICHARD L. BRAZEAU, 0000 TERRY D. BAUCH, 0000 MC motion to proceed to the intelligence DOUGLAS S. BROADHURST, 0000 VICTOR J. BERNET, 0000 MC MARSHALL A. BRONSTON, 0000 SEAN M. BLAYDON, 0000 MC authorization bill. ROBERT B. BUEHLER, 0000 MARK W. BONNER, 0000 MC As a reminder, cloture was filed on JOSEPH J. BULMER, JR., 0000 CRAIG R. BOTTONI, 0000 MC the motion to proceed to the energy WILLIAM R. BURKS, 0000 MICHAEL R. BOWEN, 0000 MC TERRY L. BUTLER, 0000 JAMES P. BRADLEY, 0000 MC and water appropriations bill during ANDREW R. BUZZELLI, 0000 JOHN C. BRADLEY, 0000 MC

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WALLACE B. BRUCKER, 0000 MC BRICE T. SMITH, 0000 MC DUANE C. CANEVA, 0000 ALAN D. BRUNS, 0000 MC CRAIG D. SMITH, 0000 MC LOUIS V. CARIELLO, 0000 DAVID A. CANCELADA, 0000 MC MARK H. SMITH, 0000 MC GARY W. CARR, 0000 MARK E. CLYDE, 0000 MC LARRY A. SONNA, 0000 MC JOHN K. CARTER, JR., 0000 STEVEN P. COHEN, 0000 MC SETH J. STANKUS, 0000 MC MARTHA W. CARTER, 0000 PAUL L. * COREN, 0000 DE RONALD T. STEPHENS, 0000 MC VALMORI M. CASTILLO, 0000 WILLIAM P. CORR III, 0000 MC JAMES E. STUART, 0000 MC JAMES T. CASTLE, 0000 TRINKA S. COSTER, 0000 MC PAUL J. TEIKEN, 0000 MC DAWN M. CAVALLARIO, 0000 KEVIN M. CREAMER, 0000 MC MARK W. THOMPSON, 0000 MC DONALD R. CHANDLER, 0000 CHRISTINE A. CULLEN, 0000 MC CAROLYN A. TIFFANY, 0000 MC SHARON R. CHAPMAN, 0000 ROBERT C. DEAN, 0000 MC THOMAS W. * TYLKA, 0000 DE LESA D. CHEATHEM, 0000 THOMAS M. DEBERARDINO, 0000 MC JOHN T. WATABE, 0000 MC DUANE A. CHILDRESS, 0000 EVERETT S. DEJONG, 0000 MC KNUTSON S. WEIDNER, 0000 MC LARRY R. CIOLORITO, 0000 ROBERT A. DELORENZO, 0000 MC MALCOLM A. WHITAKER, 0000 MC BENJAMIN B. CLANCY, 0000 PAUL DUCH, 0000 MC DAVID C. WHITE, 0000 MC BARBARA F. CLAREY, 0000 WAYNE H. DUKE, 0000 MC MORGAN P. WILLIAMSON, 0000 MC ROBERT S. CLARKE, 0000 JAN R. DUNN, 0000 MC ROBERT W. * WINDOM, 0000 DE JAMES P. COLE, JR., 0000 ERIN P. EDGAR, 0000 MC HENRY K. WONG, 0000 MC MICHAEL J. COLSTON, 0000 ANDREW S. EISEMAN, 0000 MC MICHAEL L. YANDEL, 0000 MC STEWART W. COMER, 0000 MARLEIGH E. ERICKSON, 0000 MC LYNNE P. YAO, 0000 MC STANTON E. COPE, JR., 0000 CARLOS R. ESQUIVEL, 0000 MC STEPHEN M. YOEST, 0000 MC DENNIS W. COPP, 0000 PATRICK J. FERNICOLA, 0000 MC NICHOLAS J. YOKAN, 0000 MC DAVID B. CORTINAS, 0000 DAVID R. FINGER, 0000 MC DARIUS S. YORICHI, 0000 MC HAROLD S. COSS, 0000 STEVEN M. * FLORENCE, 0000 DE LISA L. ZACHER, 0000 MC GUIDO E. COSTA, 0000 GRANT A. FOSTER, 0000 MC VIKRAM P. ZADOO, 0000 MC ARTHUR L. COTTON III, 0000 STEVEN P. FRIEDEL, 0000 MC RONALD D. CRADDOCK, 0000 JOSEPH B. FURLONG, 0000 MC IN THE NAVY DARSE E. CRANDALL, 0000 BRIAN J. GERONDALE, 0000 MC VICTORIA T. CRESCENZI, 0000 GEORGE M. * GIBSON, 0000 DE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANTONIO CRUSELLAS, 0000 KEVIN L. GLASS, 0000 MC TO THE GRADE INDICATED IN THE UNITED STATES NAVY KARINE M. CURETON, 0000 JAMES M. GOFF, 0000 MC UNDER TITLE 10, U.S.C., SECTION 624: KENNETH E. CUYLER, 0000 VINCENT X. GRBACH, 0000 MC To be commander CARL J. CWIKLINSKI, 0000 JOHN B. HALLIGAN, 0000 MC TINA A. DAVIDSON, 0000 ROBERT W. HANDY, 0000 MC DOUGLAS M. LARRATT, 0000 ALBERT L. DAVIS, 0000 BRIAN C. HARRINGTON, 0000 MC CINDY L. DAVIS, 0000 MARK J. HARRISON, 0000 MC THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- JAMES P. DAVIS, 0000 ELEANOR R. HASTINGS, 0000 MC POINTMENT IN THE GRADES INDICATED IN THE UNITED VINCENT DEINNOCENTIIS, 0000 KEITH L. HIATT, 0000 MC STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531: ASHA S. V. DEVEREAUX, 0000 JAMES B. HILL, 0000 MC To be captain WILLIAM D. DEVINE, 0000 RICHARD B. HILLBURN, 0000 MC RONALD F. DODGE, 0000 NATHAN J. HOELDTKE, 0000 MC FELIX R. TORMES, 0000 PATRICIA W. DORN, 0000 JAMES R. * HONEY, 0000 DE EDIE H. DOZSA, 0000 CURTIS J. HUNTER, 0000 MC To be commander JEAN T. DUMLAO, 0000 MICHAEL A. HUOTT, 0000 MC ROGER R. BOUCHER, 0000 DOYLE W. DUNN, 0000 LONNIE L. IMLAY, 0000 MC JAMES J. CHUN, 0000 JOSEPH F. DUNN, 0000 RICHARD B. JACKSON, 0000 MC BRADLEY H. SMITH, 0000 PETER A. DUTTON, 0000 PERRY E. JONES, 0000 MC DEAN L. DWIGANS, 0000 JOSEPH J. KAPLAN, 0000 MC To be lieutenant commander BARBARA EBERT, 0000 JULIE R. KENNER, 0000 MC JOHN H. EDWARDS, 0000 HANS T. WALSH, 0000 DAVID H. KIM, 0000 MC STEVEN A. ENEA, 0000 MATTHEW G. WESTFALL, 0000 SUN Y. KIM, 0000 MC COLLEEN M. ESTES, 0000 JEFFREY L. KINGSBURY, 0000 MC To be lieutenant LARRY A. EVANS, 0000 BLAINE L. * KNOX, 0000 DE CHARLES R. FAHNCKE, 0000 DEBRA A. KONTNY, 0000 MC ANDY E. BUESCHER, 0000 WILLIAM K. FAUNTLEROY, 0000 DAVID J. * KRYSZAK, 0000 DE CRAIG M. LEAPHART, 0000 BENJAMIN G. M. FERIL, 0000 ARNOLDAS S. KUNGYS, 0000 MC ANDREA C. PETROVANIE, 0000 ROBERT O. FETTER, 0000 BEVERLY C. LAND, 0000 MC CHRISTOPHER R. VIA, 0000 BRONWYN R. FILLION, 0000 JON D. LARSON, 0000 MC To be lieutenant junior grade MICHAEL L. FINCH, 0000 HEE C. LEE, 0000 MC WILLIAM E. FINN, 0000 EMIL P. LESHO, 0000 MC CHRISTOPHER F. BEAUBIEN, 0000 STEVEN C. FISCHER, 0000 KEVIN L. LEWIS, 0000 MC KAREN L. FISCHERANDERSON, 0000 J. D. LITTLETON, 0000 MC THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES B. J. FITZPATRICK, 0000 DAVID B. LONGENECKER, 0000 MC TO THE GRADE INDICATED IN THE UNITED STATES NAVY DONALD P. FIX, 0000 THOMAS M. LOUGHNEY, 0000 MC UNDER TITLE 10, U.S.C., SECTION 624: JAMES D. FLOWERS, 0000 GLYNDA W. LUCAS, 0000 MC To be commander ROBERT W. FOSTER, 0000 WILLIAM P. MAGDYCZ, JR., 0000 MC FRAZIER W. FRANTZ, 0000 DAVID J. MALIS, 0000 MC AVA C. ABNEY, 0000 MICHAEL L. FULTON, 0000 GREGG A. MALMQUIST, 0000 MC GEORGE E. ADAMS, 0000 PRESTON S. GABLE, 0000 DAVID G. MALPASS, 0000 MC KAREN M. ALKOSHNAW, 0000 STEPHEN M. GALLOTTA, 0000 HENRY W. * MARCANTONI, 0000 DE ARNE J. ANDERSON, 0000 ROLAND C. GARIPAY, 0000 GREGORY A. MARINKOVICH, 0000 MC BRUCE M. ANDERSON, 0000 ARTHUR T. GEORGE, 0000 ALBERT J. MARTINS, 0000 MC CLAUDE D. ANDERSON, 0000 ATHANASIUS D. GEORGE, 0000 JEFFREY P. MAWHINNEY, 0000 MC JOSEPH A. ANGELL II, 0000 KATHRYN M. GIFT, 0000 ROBERT A. MAZUR, 0000 MC COLLETTE J. B. ARMBRUSTER, 0000 ROGER A. GILMORE, 0000 SHERMAN A. MC CALL, 0000 MC TIMOTHY J. ARMSTRONG, 0000 DAVID W. GIRARDIN, 0000 JOHN M. MC GRATH, 0000 MC LYNN A. BAILEY, 0000 LISA A. GLEASON, 0000 JEFFREY J. METER, 0000 MC WILLIAM G. BAKER, 0000 SUSAN P. GLOBOKAR, 0000 ANNA MILLER, 0000 MC PAMELA E. C. BALL, 0000 THOMAS J. GOALEY, JR., 0000 JOSEPH P. MILLER, 0000 MC BEN J. BALOUGH, 0000 KATHY F. GOLDBERG, 0000 ROBERT S. MILLER, 0000 MC CHERIE L. BARE, 0000 RICHARD GONZALES, 0000 LISA K. MOORES, 0000 MC RICK D. BASTIEN, 0000 JOHN S. GONZALEZ, 0000 SUSAN K. MORGAN, 0000 MC FAY M. BAYSIC, 0000 MELODY H. GOODWIN, 0000 THOMAS G. MURNANE, 0000 MC JAMES P. BECKETT, 0000 DENISE M. GRAHAM, 0000 LARRY P. * MYERS, 0000 DE CLAUDE R. BEEDE, 0000 MATTHEW J. GRAMKEE, 0000 PETER G. NAPOLITANO, 0000 MC SCOTT R. BELL, 0000 LINDA J. GRANT, 0000 ROBERT B. * NEESE, 0000 DE LINDA J. BELTRA, 0000 RANDALL L. GRAU, 0000 HOWARD G. OAKS, 0000 MC HOLLY S. BENNETT, 0000 JOHN S. GRAY, 0000 JOHN J. O BRIEN, 0000 MC DAVID A. BERCHTOLD, 0000 MICHAEL G. GREEN, 0000 LARRY K. O BRYANT, 0000 MC MONICA E. BERNINGHAUS, 0000 RICHARD GREEN, 0000 CHARLES E. PAYNE, 0000 MC DONNA T. BERRY, 0000 LAWRENCE P. GREENSLIT, 0000 KAREN S. PHELPS, 0000 MC WILLIAM C. BEUTEL, 0000 PETER W. GREGORY, 0000 KAREN M. * PHILLIPS, 0000 DE ANDREW R. BIEGNER, 0000 DAVID E. GROGAN, 0000 THOMAS R. PLACE, 0000 MC DEBORAH L. BIENEMAN, 0000 CAROL A. GRUSH, 0000 RONALD D. PRAUNER, 0000 MC KAREN K. BIGGS, 0000 KLAUS D. GUTER, 0000 SANDFORD W. * PRINCE, 0000 DE JEANNE E. BINDER, 0000 DONALD D. HAGEN, 0000 BERTRAM C. PROVIDENCE, 0000 MC ROBERT B. BIRMINGHAM, 0000 KIMBERLY M. HARLOW, 0000 ROBERT A. PUNTEL, 0000 MC BRIAN D. BJORKLUND, 0000 KRISTINA E. HART, 0000 MICHAEL A. RAVE, 0000 MC WILLIAM H. BLANCHE, 0000 JONATHAN L. HAUN, 0000 VICKY L. RHOLL, 0000 MC ROBERT B. BLAZEWICK, 0000 STEVEN J. HAVERANECK, 0000 WILLIAM A. RICE, 0000 MC TIMOTHY L. BLEAU, 0000 JOHN V. HECKMANN, JR., 0000 PATRICIO ROSA, JR., 0000 MC MICHAEL A. BLUMENBERG, 0000 MARY J. HELINSKI, 0000 GAYLORD S. ROSE, 0000 MC CRAIG L. BONNEMA, 0000 MARK C. HENRY, 0000 HENRY E. RUIZ, 0000 MC DANA G. BORGESON, 0000 JUDI C. HERRING, 0000 GREGORY D. SAFFELL, 0000 MC JEFFREY T. BOROWY, 0000 MATTHEW L. HERZBERG, 0000 KEITH L. SALZMAN, 0000 MC WENDY M. BORUSZEWSKI, 0000 JOHN E. HICKS, 0000 JAMES R. SANTANGELO, 0000 MC JIMMY L. BOSS, JR., 0000 JOHN M. HILL, 0000 JOHN M. SAYLES, 0000 MC THOMAS M. BOUCHER, 0000 MARY J. HOBAN, 0000 DANIEL A. SCHAFFER, 0000 MC MICHAEL J. BOWMAN, 0000 JEFFREY S. HOEL, 0000 JOHN P. SCHRIVER, 0000 MC AGNES D. BRADLEYWRIGHT, 0000 MICHAEL E. HOFFER, 0000 GREGORY J. SEMANCIK, 0000 MC ANTHONY P. BRAZAS, 0000 JON L. HOPKINS, 0000 STUART D. SHELTON, 0000 MC KURT J. BREILING, 0000 DAVID S. HORN, 0000 CYNTHIA H. SHIELDS, 0000 MC FRANK J. BRENNAN, JR., 0000 JEFFREY S. HORWITZ, 0000 COLLEEN C. * SHULL, 0000 DE THOMAS D. BROGDON, 0000 GERMAN E. HOYOS, 0000 STEPHANIE J. * SIDOW, 0000 DE EDWARD W. BROWN, 0000 NANCY A. HUEPPCHEN, 0000 TIMOTHY S. SIEGEL, 0000 MC STEVEN D. BROWN, 0000 MICHAEL D. HUGGINS, 0000 JOHN J. SIMMER, 0000 MC DAVID M. BURCH, 0000 JANET E. HUGHEN, 0000 ERIC P. SIPOS, 0000 MC TED J. CAMAISA, 0000 DANIEL E. HUHN, 0000

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WARREN S. INOUYE, 0000 ALAN K. MILLER, 0000 ROGER L. SELLERS, 0000 MARK W. JACKSON, 0000 ANTHONY C. MILLER, 0000 DAVID B. SERVICE, 0000 CARY D. JOHNSON, 0000 OREN F. MILLER, 0000 DEBORAH A. SHERROCK, 0000 THOMAS M. JOHNSON, 0000 STUART O. MILLER, 0000 DANIEL P. SHMORHUN, 0000 HARRY R. JOHNSTON, 0000 DEXTER R. MILLS, 0000 TIMOTHY R. SHOPE, 0000 CHRISTILYNN JONES, 0000 STEVEN G. MILLS, 0000 RICHARD SILVEIRA, 0000 CLAUDIA A. JONES, 0000 KEVIN G. MITTS, 0000 CATHERINE A. SIMPSON, 0000 DAVID G. JONES, 0000 GERARD H. MOHAN, 0000 DONALD L. SINGLETON, 0000 STUART S. JONES, 0000 KEVIN M. MOORE, 0000 MICHEAL J. SIRCY, 0000 EDWARD B. JORGENSEN, 0000 ANDREW S. MORGART, 0000 KELLY D. SKANCHY, 0000 PATRICIA A. W. KELLEY, 0000 DANIEL J. MOTHERWAY, 0000 JAMES W. SMART, 0000 KENNETH J. KELLY, 0000 PATRICK J. MUNLEY, 0000 HUGH C. SMITH, 0000 MICHAEL D. KELLY, 0000 MARC A. MYRUM, 0000 SCOTT A. KENNEY, 0000 KATHERINE M. NATOLI, 0000 KAREN S. SMITH, 0000 LEESA J. B. KENT, 0000 TINA L. NAWROCKI, 0000 TERESA E. SNOW, 0000 MARGARET G. KIBBEN, 0000 WILLIAM D. NELSON, 0000 JOHN M. SOCHA, 0000 JOHN C. KING, 0000 JEFFERY S. NORDIN, 0000 JOHN T. SOMMER, 0000 ROGER T. KISSEL, 0000 MARILYN S. NORTON, 0000 RONALD S. SONKEN, 0000 TREYCE S. KNEE, 0000 THOMAS B. ODOWD, 0000 GLEN T. STAFFORD, 0000 BRIAN L. KNOTT, 0000 RANDAL J. ONDERS, 0000 TERRY A. STAMBAUGH, 0000 JOHN W. KORKA, 0000 JOSEPH G. ORLOWSKY, 0000 CARLA J. STANG, 0000 LYNNE R. KUECK, 0000 ROCHELLE A. OWENS, 0000 PATRICK J. STEINER, 0000 JEFFREY D. LAMBERSON, 0000 DANIEL J. PACHECO, 0000 DANIEL C. STEPHENS, 0000 PENNY C. LANE, 0000 GARY R. PAETZKE, 0000 RICHARD W. STEVENS, 0000 STEPHEN N. LANIER, 0000 MICHAEL T. PALMER, 0000 STEVEN N. STEVENSON, 0000 MARK S. LARSEN, 0000 JOEL L. PARKER, 0000 FRANK A. STICH, 0000 STEVEN L. LARUE, 0000 JAMES K. PATTON, 0000 CHRISTOPHER P. STOLLE, 0000 AMY L. LAUER, 0000 GRADY J. PENNELL, 0000 GAIL R. SWEET, 0000 JOHN H. LEA III, 0000 DEBRA A. PENNINGTON, 0000 STEPHEN B. SYMONDS, 0000 JOANNE R. LEAL, 0000 JOHN F. PERRI, 0000 KEITH A. SYRING, 0000 SUSAN J. LECLAIR, 0000 DAVID A. PETERS, 0000 GARY TABACH, 0000 YVONNE R. LEE, 0000 DOUGLAS G. PETERSEN, 0000 DAVID W. TAYLOR, 0000 JEFFREY T. LENERT, 0000 MARTIN A. PETRILLO, 0000 LYNN L. LEVENTIS, 0000 BEVERLY J. PETTIT, 0000 WILLIAM J. TERRY, 0000 BENJAMIN D. LIAM, JR., 0000 RAYMOND E. PHILLIPS, 0000 THOMAS A. THARP, 0000 MARK R. LIBONATE, 0000 DAVID R. PIMPO, 0000 CLARENCE THOMAS, JR., 0000 RONALD L. LINFESTY, 0000 BEN D. PINA, 0000 JAMES A. THRALLS, 0000 PHILIP L. LIOTTA, 0000 LEONARD PLAITANO, 0000 LAURA S. TILLERY, 0000 SCOTT R. LISTER, 0000 STACY A. POE, 0000 ELIZABETH E. TIPTON, 0000 LINDA L. P. LOWREY, 0000 MARK A. POINDEXTER, 0000 DAVID W. TOMLINSON, 0000 MICHAEL K. LUCAS, 0000 GREGORY R. POLSTON, 0000 JOHN B. TOURTELOT, 0000 JEFFREY P. LUSTER, 0000 TERESA L. PRIBOTH, 0000 ANDREW P. TROTTA, 0000 CORNELIOUS T. LYNCH, 0000 NASREEN S. QADER, 0000 BRADLEY S. TROTTER, 0000 PETER S. LYNCH, 0000 CHARLES T. RACE, 0000 LINDA E. TROUP, 0000 WILLIAM J. LYONS, 0000 GARY H. RAKES, 0000 ROBERT F. TUCKER, 0000 MICHAEL J. MACINSKI, 0000 ABEL RAMIREZ, 0000 MICHAEL A. UHALL, 0000 DAVID J. MAILANDER, 0000 JOSEPH F. RAPPOLD, 0000 DEBORAH E. UHER, 0000 MARK A. MALAKOOTI, 0000 SCOTT M. RETZLER, 0000 JON T. UMLAUF, 0000 CRAIG T. MALLAK, 0000 ROBERT D. REUER, 0000 SCOTT R. VANDERMAR, 0000 VITO V. MANNINO, 0000 JEFFREY E. RHODES, 0000 TIMOTHY S. VARVEL, 0000 PETER A. MARCO, 0000 MAGGIE L. RICHARD, 0000 THOMAS E. VELLING, 0000 MARIA L. MARIONI, 0000 MARK A. RICHERSON, 0000 PAUL J. VERRASTRO, 0000 JOHN L. MARTIN, JR., 0000 JORGE P. RIOS, 0000 AMILCAR VILLANUEVA, 0000 STEPHEN C. MARTIN, 0000 ELLEN E. ROBERTS, 0000 LOREN K. MASUOKA, 0000 AMILCAR RODRIGUEZ, 0000 FRANCIS K. VREDENBURGH, JR., 0000 DAVID A. MATER, 0000 ROBERT J. ROOKSTOOL, 0000 JOHN F. WARD, 0000 MELINDA L. MATHENY, 0000 JOEL A. ROOS, 0000 SHARON V. WARD, 0000 JOSEPH A. MC BREEN, 0000 JOHN C. ROSNER, 0000 KATHY WARNER, 0000 DEBORAH S. MC CAIN, 0000 ROBERT D. RUPPRECHT, 0000 JULIUS C. WASHINGTON, 0000 JAMES A. MC CORMACK, 0000 JEFFREY A. RUTERBUSCH, 0000 ALICE WHITLEY, 0000 PATRICK L. MC CORMACK, 0000 MARGARET A. RYAN, 0000 THOMAS S. WILD, 0000 WILLIAM P. MC CORMACK, 0000 EFREN S. SAENZ, 0000 WADE W. WILDE, 0000 DEBRA E. MC GUIRE, 0000 WILLIAM D. SANDERS, 0000 TIMOTHY H. WILKINS, 0000 JEFFREY L. MC KEEBY, 0000 THOMAS A. SATTERLY, 0000 ROBERT T. WILLIAMS, 0000 ELIZABETH T. MC KINNEY, 0000 MARK L. SAYGER, 0000 JAMES M. WINK, 0000 ROBERT A. MC LEAN III, 0000 DUANE J. SCHATZ, 0000 RICHARD B. WOLF, 0000 THOMAS R. MC MURDY, 0000 KRISTIN E. SCHLIEF, 0000 KEITH S. WOLGEMUTH, 0000 REGINALD B. MC NEIL, 0000 KYLE J. SCHMIDT, 0000 JOSEPH C. K. YANG, 0000 MELISSA MEANSMARKWELL, 0000 KYLE P. SCHROEDER, 0000 MYRON YENCHA, 0000 DIANA L. MEEHAN, 0000 REBECCA SCHROEDER, 0000 KENNETH S. YEW, 0000 JOHN G. MEIER III, 0000 STEPHEN T. SCHULTZ, 0000 LINDA E. YOUNG, 0000 JANELLE A. MERRITT, 0000 MICHAEL L. SCHUTZ, 0000 KRISTEN C. ZELLER, 0000 DAVID C. MEYERS, 0000 JOSEPH A. SCORDO, 0000 GREGORY J. ZIELINSKI, 0000 THOMAS G. MIHARA, 0000 JEFFREY H. SEILER, 0000 MICHAEL E. ZIMMERMAN, 0000

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IN RECOGNITION OF SUPERVISORY HONORING WILLIAM J. FELTY INTRODUCTION OF THE EXPORT SPECIAL AGENT TERRY WORKING CAPITAL IMPROVE- SHUMARD ON THE OCCASION OF MENT ACT OF 2000 HIS RETIREMENT HON. MARION BERRY OF ARKANSAS HON. DONALD A. MANZULLO OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES HON. ROSA L. DeLAURO IN THE HOUSE OF REPRESENTATIVES OF CONNECTICUT Tuesday, July 25, 2000 Tuesday, July 25, 2000 IN THE HOUSE OF REPRESENTATIVES Mr. BERRY. Mr. Speaker, today I pay trib- Mr. MANZULLO Mr. Speaker, I am pleased Tuesday, July 25, 2000 ute to a great Arkansan, and I am proud to to introduce H.R. 4944. The Export Working Capital Improvement Act of 2000. The Export recognize Billy J. Felty in the Congress for his Ms. DELAURO. Mr. Speaker, it is with great Working Capital Guarantee Program pleasure that today I pay tribute to Super- invaluable contributions and service to our na- (EWCGP) is subset of the popular 7(a) loan visory Special Agent Terry Shumard on the tion. program at the Small Business Administration occasion of his retirement. Terry has proudly Next week Bill retire as Chief Engineer of (SBA). It provides 90 percent guarantee for re- served the Federal Bureau of Investigation for the St. Francis Levee District, thereby com- volving capital needs for small business export thirty yearsÐdemonstrating a remarkable pleting a distinguished career that spanned financing. The SBA acts on loans for small dedication to public service. more than four decades. He was first em- business exporters that are under $750,000Ð During his career, Terry was assigned to ployed by the district as an assistant engineer the Export-Import Bank of the United States (Ex-Im) provides export working capital for several offices, including Miami, New York, in 1959Ðshortly thereafter he became a mem- loans over $750,000. These working capital and San Juan, before he arrived to the New ber of the engineering committee of the Mis- Haven Division as the primary assistant to the loans are generally short-Term financing. sissippi Valley Flood Control Association, and Loans can be made for single or multiple ex- Special Agent in Charge for the State of Con- has since served two terms each as the com- necticut, directing all administrative and inves- port sales and can be exended for pre-ship- mittee's secretary and vice-chairman, and was tigative operations. Terry was responsible for ment working capital and post-shipment expo- establishing and directing the Public Affairs named chairman in 1982 and 1984. In this ca- sure coverage. However, this is a very under- and Community Relations Programs through- pacity he headed a committee that studied the utilized program. out Connecticut. With his hard work and ex- Birds Point-New Madrid Floodway, concluding The problem is that the SBA would like to ceptional talent, Terry soon became the FBI's that the floodway is an essential part of the be able to sell these loans on the secondary liaison to Connecticut's state and federal elect- approved flood control plan for the Lower Mis- market. However, secondary market sales of ed officials. It was in this capacity that I first sissippi Valley, and recommending that the guaranteed loans are conducted every six months. Current law requires that all 7(a) had the opportunity to work with Terry. His ex- U.S. Army Corps of Engineers be prepared to loans, including Export Working Capital loans, pertise and commitment to the public has utilize the floodway immediately in emergency must be fully disbursed to the borrower prior been an invaluable asset to both myself and circumstances. my staff. to being included in a secondary market sale. This kind of leadership naturally led to Bill's Export Working Capital loans are often ap- Over the past year, Terry has enjoyed tre- promotion to Chief Engineer in 1989, which proved, disbursed, and repaid so quickly that mendous success as the Project Coordinator made him responsible for the maintenance they miss the window of opportunity for inclu- for a U.S. Department of Justice pilot program, sion in a secondary market sale. Strategic Approaches to Community Safety and operation of the approximately 160 miles of main line Mississippi River levee and 70 The purpose of the Export Working Capital Initiative (SACSI). Requiring participation from Loan Improvement Act of 2000 is to exempt miles of interior levee in the District. His work the entire community, SACSI is designed to Export Working Capital loans from the dis- in this capacity earned him the Army Com- enhance the working relationship between the bursement requirement under the SBA's 7(a) U.S. Attorney's office, local elected officials manders Award for Public Service, the Army loan program. This change will allow the inclu- and community organizations. In a collabo- Outstanding Civilian Service Medal, the Army sion of Export working Capital loans prior to rative effort, this coalition of leaders analyze Bronze Order of the de Fleury Medal, and a disbursement in sales to the secondary mar- and identify the root causes of local crime Plaque for Dedicated and Devoted Service ket. issues and design targeted strategies and from the Mississippi Valley Flood Control As- The Office of International Trade at the SBA interventions to prevent and reduce crime. As sociation. believes that if Export Working Capital loans one of only five cities chosen nationwide to are allowed to be sold on the secondary mar- In addition to this outstanding record of ac- participate in this program, leadership and ex- ket, more export finance would be available to complishment, Bill also found time to be an perience were vital to the success of this small business exporters in many regions of project. With his strong background with the active member of his community, assuming the country. This would provide one answer to FBI and extensive experience working with many influential roles, including President of the problems of a lack of trade finance for local officials, Terry was an integral part of the the West Memphis Jaycees; Charter Member small business exporters. success of this program. of Senator Blanche Lincoln's State Agriculture According to the Commerce Department, His commitment has made New Haven and Advisory Committee; Chairman of the West between 1987 and 1997, the number of small the State of Connecticut a safer place to raise Memphis City Board of Adjustments; President business exporters has tripled, going from our children and families. Terry exemplifies of the J.W. Rich Girls Club; and chairman of 66,000 to 202,000. Small businesses now ac- what is best in law enforcement and public church committees. count for 31 percent of total merchandise ex- service. I consider myself fortunate to call him port sales spread throughout every industrial my friend. For his many years of service, com- Bill dedicated his life to protecting the lives classification. What is more surprising is that passion and dedication, it is with great pride and fortunes of his fellow citizens, and he de- the fastest growth among small business ex- that I stand today to recognize the outstanding serves our respect and gratitude for his con- porters has been with companies employing career of Terry Shumard and extend my best tributions. On behalf of the Congress, I extend fewer than 20 employees. These very small wishes to him for continued health and happi- my best wishes to my good friend Billy Felty businesses represented 65 percent of all ex- ness as he retires from public service. My sin- on his retirement. porting companies in 1997. cere thanks and appreciation for his many Despite these encouraging statistics, there contributions to our community. is still more work that needs to be done. Even

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1314 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2000 though the number of small business export- is why it is the spirit of all who know and love The 100th anniversary of the Cromwell Chil- ers tripled, they form less than one percent of her that I wish to congratulate Mrs. Sapp on dren's Home is an appropriate occasion to es- all small business in the United States. Even her one-hundredth birthday celebration. tablish and maintain a memorial to John Rus- among these cutting-edge firms, nearly two- f sell Bergendahl at the place where he made thirds of small business exporters sold to just his home for most of his brief life. This memo- one foreign market in 1997. In fact, 76 percent RECOGNIZING JOHN RUSSELL rial is a tribute to his courage and bravery, of small business exporters sold less than BERGENDAHL AND THE CROM- and also recognizes the contribution of the $250,000 worth of goods abroad. In other WELL CHILDREN’S HOME’S 100TH Cromwell Children's Home and the many dedi- words, these are ``casual'' exporters. The key ANNIVERSARY cated staff members to the lives of children, is to encourage more small businesses to such as John Russell Bergendahl, during their enter the trade arena and then to prod ``Cas- HON. JOHN B. LARSON 100 years of service. Therefore, I urge my col- ual'' small business exporters into becoming OF CONNECTICUT leagues to join with me in this tribute to re- more active. IN THE HOUSE OF REPRESENTATIVES member the life of John Russell Bergendahl. Increasing the availability of export finance Tuesday, July 25, 2000 f can help achieve this goal. I urge my col- leagues to join me in supporting the Export Mr. LARSON. Mr. Speaker, today I recog- PERSONAL EXPLANATION Working Capital Loan Improvement Act of nize a true World War II hero, John Russell 2000. Bergendahl. For most of his brief life, Mr. HON. JAMES E. ROGAN Bergendahl was a resident at the Cromwell f OF CALIFORNIA Children's Home in my district, which is cele- HONORING MINNIE ELIZABETH brating its 100th anniversary this year. He IN THE HOUSE OF REPRESENTATIVES SAPP lived at the Home until his graduation from Tuesday, July 25, 2000 Middletown High School, and this year his Mr. ROGAN. Mr. Speaker, I unfortunately HON. VAN HILLEARY classmates are holding their 60th class re- missed rollcall No. 429, a vote to suspend the OF TENNESSEE union in his honor. rules and pass H.R. 4700, a bill to grant the IN THE HOUSE OF REPRESENTATIVES While his unique role and his supreme sac- consent of Congress to the Kansas and Mis- rifice on D-Day are paramount in this recogni- Tuesday, July 25, 2000 souri Metropolitan Culture District Compact. tion, it is also important to emphasize the ex- Had I been present, I would have voted in the Mr. HILLEARY. Mr. Speaker, it is with great ample Mr. Bergendahl provided to so many of affirmative. joy that I honor Minnie Elizabeth Sapp, who his peers as a friend, a serious academic stu- f recently celebrated her one-hundredth birth- dent, an outstanding athlete, and a depend- day. Mrs. Sapp had the rare fortune of seeing able worker during his years at the Children's ENVIRONMENTAL IMPACT OF a complete century unfold. It was on July 12, Home. NATO AIRSTRIKES ON THE 1900 that Mrs. Sapp was bornÐin the log Although an only child whose parents died FORMER REPUBLIC OF YUGO- house built by her grandfather, James early in his life. Mr. Bergendahl never reflected SLAVIA Waymon Mitchell, on Lost Creek in White on his family tragedy. He had a remarkably County, and it was on July 12, 2000 that we positive attitude, an outgoing personality, and HON. DENNIS J. KUCINICH celebrated her one-hundredth birthday. the physical and mental discipline needed for OF OHIO On Christmas Day in 1921, Mrs. Sapp mar- military service at the time, and would have IN THE HOUSE OF REPRESENTATIVES ried Homer Floyd Sapp in the same room in been the key to his success in civilian life. He the log house where she was born. The cou- was a model resident at the Cromwell Chil- Tuesday, July 25, 2000 ple traveled by buggy to Homer's father's dren's Home, a reflection of the dedication of Mr. KUCINICH. Mr. Speaker, Dr. Vojin home, at what is now Rim Rock Mesa at Bon its staff and its program. Joksimovich, a well respected scholar of the Air. Six years later they moved to a forty-acre Russ Bergendahl and Jim Broman, who first Balkans, has given a thorough analysis of the farm on Corolla Road. brought Mr. Bergendahl's story to my atten- environmental impact that the NATO airstrikes The couple has seven children. The two tion, were in military training when they last have had on the ecosystem of the Former Re- boys died as infants, and sadly one daughter, met in Cromwell several months before being public of Yugoslavia. His research and anal- Helen, passed away at 14. The other four sent to England in early 1944. During that ysis are profound and compelling, that I am in- daughters survived: Josephine, Norma, Eve- meeting, Mr. Bergendahl expressed that he serting them into the CONGRESSIONAL RECORD lyn, and Betty. Although her husband Homer did not expect to survive the war because of so it may become public knowledge. died in 1980, Mrs. Sapp continues to live at his assignment to the 82nd Airborne. Although ENVIRONMENTAL ASPECTS OF YUGOSLAV Jim and Russ attempted to meet again when the farm that the couple moved to 73 years RECONSTRUCTION: NATO ECOCIDE IN SERBIA ago. they were deployed overseas, these attempts (By Vojin Joksimovich, Kennedy School of In 1993, Mrs. Sapp wrote her personal were futile because Jim's assignment to the Government-Harvard University, April 25, memoirs, and among her memories are recol- 101st Airborne, also limited outside contact 2000) lections of lighting the house with coal lamps prior to D-Day. INTRODUCTION and making lye and soap. The United States After D-Day, Mr. Broman was unable to In considering America’s role in the world, has changed much since the days of her learn anything about his friend Russ until it is worth starting from the premise that childhood, but her memories of quilting, walk- nearly two weeks later when he was told that this has in general been extremely beneficial ing barefoot to free school and later attending a Bergendahl was killed by a sniper six days and positive. America’s contributions to the boarding school at Pleasant Hill Academy, after the invasion. It was not until 55 years defeat of the twin menaces of fascism and carrying water from the spring, and keeping later when Mr. Broman returned to Normandy communism in this century are events of the fire going year round have shaped a and visited Russ Bergendahl's grave at epic proportions. I myself am a refugee from strong, loving woman who is devoted to her Omaha Beach that he learned Russ was actu- Tito’s brand of communism and my daughter family and friends. ally killed on D-Day, June 6, 1944, after the fled from Milosevic’s version. So I am per- sonally grateful for America’s role in com- Two weeks ago I had the honor of attending American landing. bating this twin menace. Mrs. Sapp's birthday celebration, and on the It is not possible to document, or likely even With this positive image of America’s role 16th of July the Bon Air United Methodist comprehend, what Mr. Bergendahl experi- in the front of my mind, I take no pleasure Church honored her with a service, singing, enced when he landed in Normandy prior to in saying that NATO’s Kosovo war does not and presentation of a plaque. The family and the massive airborne landings conducted by fit this positive pattern. In fact it was a friends who surround her serve as a testament the 82nd and 101st Airborne Divisions a few source of evil. Many of the charges against to the impact this amazing woman has on all hours later. He may have merited the highest the war are familiar to you: that it was ille- who meet her. of military honors, but none of us will ever gal, unnecessary, counter-productive, dam- aging to global US interests and so on. I dis- Truly, Minnie Elizabeth Sapp is a blessing to know. However, we do know that his sacrifice cuss all of these in my book ‘‘Kosovo Crisis: her community. Mrs. Sapp's devotion to family and service is what allows us all to be here A Study in Foreign Policy Mismanagement.’’ and religion has seen her through 100 years, today to remember him under the banner of Today, however, I want to draw on my pro- and I am confident that it is her love of life liberty and freedom he fought to maintain, and fessional background as a nuclear and indus- which will fill every day that is to come. That for that we should honor him as a true hero. trial safety specialist to discuss an aspect CONGRESSIONAL RECORD — Extensions of Remarks E1315 with which you may be less familiar, namely which explicitly protects the environment OTHER TOWNS the huge environmental catastrophe that during war conflicts. This is a hideous stain was wrought by NATO. As a part of my pro- on the moral fabric of the U.S. and its NATO Other places have been affected, such as fessional career, I have studied the anatomy allies. Kragujevac, Kostolac, Lazarevac, Nis, Bel- of catastrophic nuclear and non-nuclear ac- In this country we celebrate the Earth grade, Boor, Pharos and Smederevo. Bomb- cidents such as Chernobyl, Three Mile Is- Day. The Clinton-Gore administration takes ings of the Zastava car factory in Kragujevac land, Bhopal, Challenger, Piper Alpha, and a great pride in its environmental record. resulted in high levels of PCB’s and dioxins; others. As a member of the National Acad- The environmental goals have been incor- high levels of PCBs around high voltage emy of Sciences Committee, I have studied porated into the mainstream of U.S. foreign transformers, contaminated water tanks. oil spills such as the Exxon Valdez, Amoco policy. In her April 10 speech to the World Some of the transformers used the highly Cadiz and many others. These were however, Resources Institute Secretary Albright stat- toxic and cancerous coolant piralen. Severe caused by man (operators) or management ed: ‘‘Our citizens cannot be secure if the air air pollution from sulfur dioxide emissions, negligence. we breathe, the food we grow and the water PCB contamination at transformer stations Indeed, I want to introduce you to a new we drink are at risk because the global envi- in the town of Bor in Eastern Serbia near the term added by NATO to the vocabulary of ronment is in danger.’’ This is well said. My Bulgarian border. war. This is ecocide. For those with environ- point is that we embrace environmentalism mental background this is a familiar con- as a domestic priority. We should not sub- APRIL 17/18 SIMULTANEOUS RELEASES cept. But it may be new for students of war. vert this internationally as we did by delib- Essentially simultaneous releases of I mean by ecocide in this context the delib- erate poisoning of Serbia, Balkans and East- smoke plumes occurred from April 17/18 ern Europe. erate and conscious causation of environ- bombings of Pancevo and Novi Sad with the mental damage to achieve war aims. In his- PANCEVO HOT SPOT burning rate of 2000 tons per hour during the tory, we have seen many instances of inci- NATO repeatedly pounded Pancevo, a town first 12 hours. With the methodology applied dental damage to the environment caused by of 80,000 inhabitants, located on the Danube in the case of the Kuwait oil smoke plume, war. For example, dropping of atomic bombs river only 12 miles from Belgrade with its 2 Prof. of Environmental Studies at Belgrade’s on Japan to terminate WWII. As a matter of million population. Pancevo is a major in- Alternative Educational Network, Zorro fact, wartime environmental damage is as dustrial complex including a petrochemical Vukmirovic, and the Belgrade Institute of old as the bible. The old testament states plant, a fertilizer plant, and a major oil re- Meteorology estimated the trajectories of that ‘‘the trees in the battlefield are not men finery. An artificial canal carries wastewater air pollution using the ETA model. The anal- that you should besiege them’’ and it advised and stormwater runoff directly into the Dan- yses show that the pollutants moved east- ‘‘not to cut down trees and not to kill ani- ube. NATO destroyed all 3 major industrial mals in the enemy territory.’’ ward over Romania, Bulgaria, Moldavia, plants with bombs and missiles: City Refin- Ukraine and the Black Sea. The lower level But my assertion is that, through NATO’s ery (seven attacks), Petrohemija petro- trajectories from Pancevo indicate pollutant use of contemporary precision weapons to chemical plant (two airstrikes), and Azotara tansport towards the Belgrade area in the demolish the infrastructure and poison the fertilizer nitrogen processing plant. first day. The regional transport of PAHs, human habitat not as a byproduct of war but Petrohemija and the oil refinery were lev- dioxins and furans originating from Pancevo as pro-active instrument of war policy, the eled. Various noxious substances were re- were registered at Xanthi in Greece. Kosovo war broke new ground. It is a new leased into the environment either directly phenomenon. This justifies the use of the or as a result of fires. Fires raged for 10 days. OTHER BEYOND FRY EFFECTS new word in military vocabulary-ecocide. It The cloud of smoke was more than 10 miles is a chilling concept. I hope long. The sun was blotted out for a day. Rumania reported acid rain. The pH level NATO ECOCIDE IN SERBIA Black rain fell on the city and surroundings. of the rain stood at 5 indicating acidity in- Almost daily attacks on the chemical, pe- Much of the town’s population was evacu- stead of the normal level of 7. In many towns trochemical, pharmaceutical plants, plastic ated following the strikes on April 17/18. in the southwestern region, crops and forests factories, refineries, fuel storage tanks, and The following substances were intensely were damaged and leaves fell from trees. the electric power grid have caused numer- released from the refinery as a result of Vineyards and crops in the southern region ous industrial accidents throughout Serbia. burning of 80,000 tons of oil and oil products: were also damaged. Bulgarian farmers near Chemical substances released plus depleted CO2, NOX, soot and polycyclic aromatic hy- the towns of Kula and Belogradcik reported uranium (DU) are carcinogenic, mutagenic, drocarbons (PAHs). Strikes at the petro- that flowers fell from fruit trees and vegeta- toxic, and as such cause perilous con- chemical polyvinyl (PVC) plant and the am- bles began to rot on their land. Measure- sequences to human, plant, and animal life. monia and nitrogen fertilizer plant destroyed ments of pollutants in northern Greece Most of these substances are unlikely to kill a reservoir with 1200 tons of vinyl chloride showed rising levels of toxin on the days the people instantly. Soaked into the soil they monomer (VCM) and 6 train cisterns of 30 wind blew south. In Macedonia, radiation percolate into the aquifer and hence the peo- tons of VCM each. 8 tons of metallic mercury levels had risen 8 times over. Moldavia and ple of Serbia and the entire region will be re- leaked in the electrolysis system. Only 200 Ukraine were affected as well. peatedly exposed to them. Large quantities kg reached the wastecanal and 50–100 kg of ammonium and ammonium elements, oil were found on the concrete floor. The rest UN ENVIRONMENT PROJECT REPORT and oil derivatives, acids, and alkali leaked likely evaporated. As a preventive measure 250 tons of liquid ammonia were released In late October, 1999 the UN Environ- into rivers—including the Danube River de- mental Program and the UN Center for stroying aquatic flora and fauna. The Dan- into the canal. Fears of birth defects have tormented preg- Human Settlements (UNCHS) issued a Bal- ube, Europe’s most important waterway that kan Task Force (BTF) report titled: ‘‘The runs almost 2,000 miles through 11 countries, nant women. Mark Fineman reported in the Kosovo Conflict: Consequences for the Envi- is partially dead, although it provides drink- Los Angeles Times, physicians recommend ronment.’’ The BTF, led by former Finnish ing water for some 10 million people. Fur- that all women who were in town on April 18, Environment Minister Pekka Haavisto, has thermore, one must take into account effect 1999 avoid pregnancy for at least the next 2 delivered the report in timely and profes- on the habitat and the ozone layer of ker- years. Women who were less than 9 weeks sional manner. The report’s highlights are as osene, which fueled over 1200 NATO planes pregnant were advised to obtain abortions. follows: participating in destruction of Yugoslavia. NOVI SAD Herewith, we are dealing with deliberate With 180,000 population, Novi Sad, located The BTF established an international sci- and calculated poisoning of the human habi- on the Danube river, is second largest city in entific team from 19 countries, and organized tat. According to a NATO spokesman, tar- FRY. NATO heavily targeted it with rail and five technical missions to FRY. Govern- geting encompasses an environmental assess- road bridges across the river destroyed to- ments of the following countries provided ment. Hence, the consequences should have gether with water pipelines carried by the the funding: Austria, Denmark, Finland, been known. Chris Hedges, reporting in the bridges. Another principal target was the France, Germany, The Netherlands, Norway, New York Times, called NATO officials in city oil refinery located only about a mile Sweden and United Kingdom. The U.S., while Belgium who told him that the environ- upstream from the filtration wells used for the principal aggressor, did not participate. mental damage caused by the attack was the city’s water supply. The groundwater The BTF concentrated on the following taken into consideration. ‘‘When targeting is table beneath the refinery is located only 1– five areas: (a) Environmental consequences done we take into account all possible ‘col- 2 m below the surface. The water supply of of air strikes on industrial sites; (b) Environ- lateral damage’, be it environmental, Novi Sad was contaminated after 100 fuel mental consequences of the conflict on the human, or to civilian infrastructure.’’ It is tanks and the refinery was hit 12 times spew- Danube River; (c) Consequences of the con- apparent that NATO showed disregard for ing oil. About 73,000 tons of crude oil and oil flict on biodiversity in protected area; (d) human life and the environment. We are products burnt or leaked. Novi Sad streets Consequences of the conflict for human set- talking about low intensity chemical and ra- were drenched with slimy, sooty rainwater. diological warfare banned under the Geneva Danube was heavily contaminated. Even vast tlements and the environment in Kosovo; (e) Convention and by the International Court. quantities of fire-extinguishing foam needed Possible use of DU weapons in Kosovo. It is also a violation of the 1992 Rio Declara- to control the 11-day blaze pose their own ec- The BTF concluded that, while the conflict tion on the Environment and Development, ological threat. caused widespread physical destruction, it E1316 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2000 did not cause an environmental catastrophe of long half-life)—irradiating the tissue is ignored. DU clean up is difficult and cost- affecting the Balkans region as a whole. Nev- around it. One ‘‘hot particle’’ in the lungs is ly. The entire top layer of soil—roughly one ertheless, pollution detected at some sites equivalent to one chest x-ray every hour of foot deep—would have to be removed and dis- poses a threat to human life. The BTF iden- every day for the rest of one’s life. It is im- posed of. On October 4, 1992 an Israeli El Al tified environmental hot spots in the four possible to remove—slow irradiation takes cargo jet crashed in a fireball in Amsterdam areas: Pancevo, Kragujevac, Novi Sad and place resulting in radiation sickness and pre- killing 43 people. The plane contained 380-kg Bor. Immediate remedial action from a hu- mature death. The uranium oxide goes into counterweights made of DU. Surface soil manitarian viewpoint and further moni- the soil as well. DU’s chemical toxicity pres- layer of 40 cm had been removed from the toring and analyses were called for in order ently even greater danger to human health crash area. to avoid further damage to human health in the short term after exposure. The kidney The Sunday Times reported that 12 British and ecology. Specific recommendations for is the target organ. DU is incorporated into servicemen are preparing to sue the British the four hot spots have been developed. the soil taken up by vegetables, and children government. The Belgian government has Laboratory analyses of samples taken from can handle the shrapnel. begun a systematic review of the health of the Danube sediment and biota revealed sig- DU has been previously used in Iraq and its 14,000 troops it sent to Kosovo. nificant chronic pollution, both upstream Bosnia. According to the Pentagon, 400,000 and downstream of the sites directly affected American and British soldiers were exposed YUGOSLAV MINISTRY REPORT by the conflict. The report strongly rec- to this DU aerosol in the Gulf War. About The author wishes to acknowledge receipt ommended carrying out follow-up moni- 200,000 of them have sought medical care of a comprehensive report produced by the toring with extension of the sampling to the since the war and about 115,000 have been di- Yugoslav Ministry for Development, Science confluence of major tributaries and to de- agnosed as having Gulf War Syndrome. Dr. and Environment titled ‘‘Consequences of velop and implement an appropriate moni- Hari Sharma, of the University of Waterloo NATO Bombing on the Environment of toring program compatible with the inter- in Ontario, predicted an increase of 20,000– FRY.’’ However, well-documented material national standards. There is urgent need for 100,000 fatal cancers in veterans and Iraqi in this report, other than the DU portion, the FRY to be integrated within inter- citizens. An Iraqi pediatric oncologist claims has not been utilized in this write-up since it national framework, which has been affected that childhood leukemia has risen 600 per- arrived only hours before this paper was fi- by the sanctions. cent in areas of Iraq where DU was used. nalized. More than hundred craters were found in Stillbirths, births or abortions of fetuses the Fruska Gora National Park. Craters with monstrous abnormalities, and other It is the only report, which has addressed were found in the Kopaonik and Zlatibor Na- cancers in children born since 1991 have also the use of DU. The claim is that NATO’s A– tional Parks. A general conclusion is that been found. In 1996, the DU issue was brought 10A planes have used DU ammunition south conservation of biological diversity has suf- up before the UN Human Rights Tribunal in of the 44-degree latitude including sites out- fered from the conflict and the sanctions. Geneva. The tribunal condemned it and side Kosovo: seven in Serbia and one in Mon- While the BTF report represented a signifi- called tenegro. Evidence presented is samples and cant step in assessment of environmental The Pentagon sponsored a Special Over- ammunition remains of 30 mm API PGI–14B consequences of the NATO aggression its sight Board headed by former senator War- and the land contamination with U–238. The scope was limited. As an example, the BTF ren Rudman that produced an interim re- coordinates of contaminated areas are marked and defined. FOCUS port, which recommended further studies. On the basis of studies by Pentagon and the A team of Russian, Greek, Austrian, and Tests in southern Serbia show soil samples Rand Corp., radiation was ruled out in the Swiss experts, representing the FOCUS coun- containing concentrations of uranium over a Gulf War illness thus far. A veterans group, tries, issued a preliminary report on August 1000 times the natural level used as a prin- the National Gulf War Resources Center, de- 14, 1999. The principal conclusion is that ciple for decontamination considerations. nounced the panel’s findings as an ‘‘incom- Yugoslavia faces ecological disaster unless British biologist Roger Coghill said: plete whitewash and failure’’. In addition to urgent measures are taken in the worst af- ‘‘This is the best first hard evidence con- Dr. Sharma, Doug Rokke, a major in the fected areas to prevent a ‘‘possible environ- firming fears of scientists that parts of U.S. Army Reserve’s Medical Service Corps, mental collapse’’. Pancevo tops the list, fol- former Yugoslavia have been turned into nu- is one of the biggest critics of the Pentagon. lowed by Novi Sad, Smederevo, Pristina, Nis, clear wasteland. On these figures, I have no It appears that revelations about ‘‘friendly and Bor. hesitation in predicting 10,000 deaths and fire’’ forced the Pentagon to admit the use of Some 8 tons of mercury had seeped from massive increase in cancers and baby de- DU during the Gulf War. 29 American vehi- the electrolysis plant in Pancevo, posing a formities as we have seen in Iraq.’’ cles were contaminated by DU on the battle- danger to human health and the environ- field. 15 Soldiers killed and more than 60 in- The report suggests that some mitigating ment in the Danube basin. ‘‘The release of jured by fire from DU arms. Rokke, a health measures have been undertaken including petroleum, oil, diesel and fertilizers into the physicist, was in charge of DU decontamina- medical examinations of exposed individuals. soil and water reservoirs has resulted in the tion after the Gulf War in Iraq, Kuwait, and However, the cost of decontamination or contamination of nearby facilities, towns, Saudi Arabia. Within 2 weeks upon return to cleanup was characterized as prohibitive and villages, water and mud in channels and riv- the U.S., Rokke and other team members cannot be done without the international ers, including the Danube. This could result began developing health problems. In the 8 aid. The report is dated February 2000 and it in changes in the ecological balance in the years since, some have died and most devel- is not clear why the FRY government waited region and irreversible mutation in plants oped health problems. Rokke himself has dif- until April to approve it. and animals.’’ ficulty breathing. His lungs are scarred and CONCLUSIONS DU he has skin problems and damaged kidney. A NATO used armor-piercing shells loaded urinalysis conducted 3 years later, showed a I hope you agree that I have made a con- with the DU. This was officially confirmed in uranium level 4000 times higher than the vincing case that NATO’s deliberate tar- a letter from NATO Secretary General U.S. safety limit of 0.1 micrograms per liter. geting and destruction of the environment in George Robertson to UN Secretary General ‘‘The Department of Defense doesn’t want to Serbia and the wider Southeast European re- Kofi Annan. Robertson wrote that the U.S. admit that DU is harmful because they don’t gion represents a new and deeply troubling Air Force A–10 ‘‘tankbuster’’ had con- want the liability.’’ escalation of man’s inhumanity to man. I be- centrated their operations in disclosed parts The British Government has been accused lieve that the evidence is there to suggest of Kosovo but many missions were carried of a cover-up after the new evidence emerged that innocent lives of existing and even fu- out outside those areas. proving that British soldiers suffered mas- ture generations have been shortened as a di- DU, a waste product of uranium enrich- sive radiation poisoning in the Gulf. The re- rect result of NATO’s actions. ment, is essentially a radioactive waste 1.7 sults of urine analysis, performed by a Cana- There seem to be two main conclusions: times denser than lead. As a waste product, dian geochemist and 500,000 times more accu- it costs nothing. Its kinetic energy is suffi- rate, were withheld from the public. The In the short-term Serbia needs and is enti- cient to penetrate tank armor or concrete Government-appointed scientific advisor. tled to reconstruction aid from the NATO bunkers. It is both radioactive and toxic. Prof. Malcolm Hooper, views the Canadian member states. NATO has a moral duty to Upon impact, the DU core partially ignites results reliable and advocates a thorough in- make good the illegal destruction it caused. producing uranium oxide in particulates of vestigation not only for Gulf War Veterans The economic sanctions against the Serbian between 0.5 and 5 microns in size. The aer- but also for those troops serving in Kosovo. people must be lifted immediately. The FRY osol can spread over several hundred miles, In spite of the above, the Pentagon con- must be allowed to rejoin international orga- depending on wind conditions. If inhaled or firmed that it has no plans for clean-up, de- nizations it legitimately belongs to; ingested, it stays in the body 10 or more spite the presence of NATO troops! Thus the For the longer term, we must unite to years (practically it does not decay because hazard to Kosovo civilians and NATO troops identify ecocide as a crime against humanity CONGRESSIONAL RECORD — Extensions of Remarks E1317 on a level with genocide and other war lending not only his knowledge and expertise, Vernice McKellar was born in Kansas, but crimes. We must ensure that we, the civ- but his strong support as well. More recently spent the majority of her years in California. At ilized countries of the world, undertake he has been an invaluable resource for the the age of seven, her family settled in Lindsay. never to use ecocide again. many forums I have held on youth violence. After graduating from Lindsay High School in f As our community grapples with the pressing 1917, Vernice went on to become a registered IN RECOGNITION OF CHIEF KEVIN issue of school violence, Kevin's efforts never nurse at Cottage Hospital in Santa Barbara in J. CONNOLLY FOR OUTSTANDING cease to exceed everyone's expectations. Un- 1926. Vernice McKellar was married to Hugh SERVICE derstanding that our young people need to A. McKellar in 1928 and moved to Ivanhoe trust their local police force, Kevin has imple- where she and her husband farmed a suc- mented community policing in the North cessful Sunkist Orange Ranch, which she still HON. ROSA L. DeLAURO Haven school district, fostering relationships takes part in operating. OF CONNECTICUT with the students and curbing violence. His Vernice has been an active member of the IN THE HOUSE OF REPRESENTATIVES advocacy and hard work is a remarkable ex- community. Her daughter, Norene March, de- Tuesday, July 25, 2000 ample of how law enforcement officials can scribes her as ``community minded.'' Her ac- Ms. DELAURO. Mr. Speaker, it is with great partner with the community to ensure that our tivities include volunteering for the American pleasure that today I pay tribute to a dedicated children are safe in their classrooms. Red Cross, volunteer nursing in the commu- and highly respected member of the North With his outstanding record of good work, nity, and working with the PTA. Vernice is Haven Police DepartmentÐand a dear he has demonstrated a unique commitment to proud that she voted for the first time at age friendÐwhose decision to retire ended a ca- public serviceÐleaving an indelible mark on 21 and has not missed voting in an election reer in law enforcement which spanned thirty the North Haven community. It is with great since. Vernice encourages her friends to con- years. Chief Kevin J. Connolly leaves a legacy pride that I join with his wife, Judy, his chil- tribute to the Ivanhoe Youth Center in hopes of integrity and commitment to excellence dren, Kevin, Megan and Tara, friends, col- of providing activities for youth and reducing which will not be forgotten by his fellow offi- leagues, and community members to honor gang activity in Ivanhoe. cers or the citizens of North Haven. my good friend, Police Chief Kevin Connolly Mr. Speaker, I rise today to pay tribute to Kevin has dedicated nearly a third of his ca- for his outstanding service to our community. Vernice McKellar and congratulate her on the reer to leading the Department of Police Serv- I wish him many years of continued health and occasion of her 100th birthday. I urge my col- ices with dignity and commitment. He has had happiness in his retirement. leagues to join me in wishing her many more a profound effect on the quality of life in North f years of happiness and success. Haven. Nine departmental commendations, as HONORING VERNICE MCKELLAR ON well as various other professional accolades HER 100TH BIRTHDAY f from local and national agencies, including the Federal Bureau of Investigation and the United HON. GEORGE RADANOVICH PERSONAL EXPLANATION States Secret Service, reflect the commitment OF CALIFORNIA and devotion Kevin has given to North Haven IN THE HOUSE OF REPRESENTATIVES HON. LOUISE McINTOSH SLAUGHTER and its residents. Throughout his career, Kevin OF NEW YORK Tuesday, July 25, 2000 has exemplified the best qualities we asso- IN THE HOUSE OF REPRESENTATIVES ciate with law enforcement officials. Mr. RADANOVICH. Mr. Speaker, I rise I have had the distinct pleasure of working today to honor Vernice McKellar on the occa- Tuesday, July 25, 2000 with Kevin on several issues in the time I have sion of her 100th birthday which she cele- Ms. SLAUGHTER. Mr. Speaker, I was un- served in Congress. He was a tremendous brated on June 24th, 2000. Mrs. McKellar has able to be present for rollcall vote #429 due to help to me and my staff on the Violent Crime dedicated her life to helping others and im- a late flight. Had I been present, I would have Control and Law Enforcement Act of 1994, proving her community. voted Yes or Aye on rollcall vote #429. Tuesday, July 25, 2000 Daily Digest

HIGHLIGHTS The House passed 36 measures under suspension of the rules and by unanimous consent. Senate Certified Development Company Program Im- Chamber Action provements Act: Senate disagreed to the amend- Routine Proceedings, pages S7493–S7585 ment of the House to the Senate amendment to Measures Introduced: Eleven bills and one resolu- H.R. 2614, to amend the Small Business Investment tion, were introduced, as follows: S. 2911–2921, and Act to make improvements to the certified develop- S. Res. 342. Page S7542 ment company program, requested a conference with Measures Reported: Reports were made as follows: the House thereon, and the Chair was authorized to S. 2107, to amend the Securities Act of 1933 and appoint the following conferees on the part of the the Securities Exchange Act of 1934 to reduce secu- Senate: Senators Bond, Burns, and Kerry. rities fees in excess of those required to fund the op- Pages S7574±75 erations of the Securities and Exchange Commission, Removal of Injunction of Secrecy: The injunction to adjust compensation provisions for employees of of secrecy was removed from the following treaty: the Commission, with amendments. (S. Rept. No. Protocols to the Convention on the Rights of the 106–360) Page S7542 Child (Treaty Doc. No. 106–37). Measures Passed: The treaty was transmitted to the Senate today, Long-Term Care Security Act: Committee on considered as having been read for the first time, and Governmental Affairs was discharged from further referred, with accompanying papers, to the Com- consideration of H.R. 4040, to amend title 5, mittee on Foreign Relations and were ordered to be United States Code, to provide for the establishment printed. Pages S7573±74 of a program under which long-term care insurance Nominations Received: Senate received the fol- is made available to Federal employees, members of lowing nominations: the uniformed services, and civilian and military re- Jonathan Talisman, of Maryland, to be an Assist- tirees, provide for the correction of retirement cov- ant Secretary of the Treasury. erage errors under chapters 83 and 84 of such title, Margrethe Lundsager, of Virginia, to be United and the bill was then passed, after striking all after States Alternate Executive Director of the Inter- the enacting clause, and inserting in lieu thereof, the national Monetary fund for a term of two years. text of S. 2420, Senate companion measure, after agreeing to a committee amendment in the nature 3 Army nominations in the rank of general. of a substitute. Pages S7575±82 1 Navy nomination in the rank of admiral. Subsequently, S. 2420 was placed back on the Routine lists in the Air Force, Army, Navy. Senate calendar. Page S7582 Pages S7583±85 Energy/Water Development Appropriations: Sen- Messages From the House: Page S7540 ate began consideration of the motion to proceed to Measures Referred: Pages S7540±41 the consideration of H.R. 4733, making appropria- Measures Placed on Calendar: Page S7541 tions for energy and water development for the fiscal Measures Read First Time: Pages S7521±22 year ending September 30, 2001. Page S5722 A motion was entered to close further debate on Petitions: Pages S7541±42 the motion to proceed to the consideration of the Statements on Introduced Bills: Pages S7542±54 bill and, in accordance with the provisions of Rule Additional Cosponsors: Pages S7554±55 XXII of the Standing Rules of the Senate, a vote on the cloture motion will occur on Thursday, July 27, Authority for Committees: Page S7556 2000. Pages S7522±23 Additional Statements: Pages S7538±40 Subsequently, the motion to proceed was with- Text of H.R. 4461 as Previously Passed: drawn. Page S7523 Pages S7556±73 D814 July 25, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D815

Privileges of the Floor: Page S7556 S. 1855, to establish age limitations for airmen, after Adjournment: Senate convened at 9:30 a.m., and receiving testimony from Senators Murkowski and adjourned at 6:36 p.m., until 9:30 a.m., on Wednes- Inhofe; L. Nicholas Lacey, Director, Flight Standards day, July 26, 2000. (For Senate’s program, see the Service, Federal Aviation Administration, Depart- remarks of the Acting Majority Leader in today’s ment of Transportation; Duane E. Woerth, Air Line Record on page S7583.) Pilots Association, International, Herndon, Virginia; Paul Emens, Pilots Against Age Discrimination, An- napolis, Maryland; Deborah C. McElroy, Regional Committee Meetings Airline Association, Washington, D.C.; and Linda (Committees not listed did not meet) Barker, Business Aviation Services, Sioux Falls, South Dakota, on behalf of National Air Transportation AVIATION DELAYS AND CUSTOMER Association. SERVICE Committee on Appropriations: Subcommittee on Trans- BUSINESS MEETING portation concluded oversight hearings on the growth and causes of airline flight delays and can- Committee on Energy and Natural Resources: Committee cellations, and airline efforts to improve customer ordered favorably reported H.R. 701, to provide service, after receiving testimony from Kenneth M. Outer Continental Shelf Impact Assistance to State Mead, Inspector General, and Jane F. Garvey, Ad- and local governments, to amend the Land and ministrator, Federal Aviation Administration, both Water Conservation Fund Act of 1965, the Urban of the Department of Transportation; and Edward Park and Recreation Recovery Act of 1978, and the Kragh, Newark, New Jersey, on behalf of the Na- Federal Aid in Wildlife Restoration Act (commonly tional Air Traffic Controllers Association. referred to as the Pittman-Robertson Act) to estab- lish a fund to meet the outdoor conservation and NATIONAL MISSILE DEFENSE recreation needs of the American people, with an Committee on Armed Services: Committee concluded amendment in the nature of a substitute. hearings to examine the status of the United States National Missile Defense (NMD) program, focusing WATER PROJECTS on the threat posed by long-range ballistic missile deployment, NMD development and deployment ef- Committee on Energy and Natural Resources: Sub- fort, cost of the system, and its impact on inter- committee on Water and Power concluded hearings national security, including arms control, after re- on S. 2877, to authorize the Secretary of the Interior ceiving testimony from William S. Cohen, Secretary to conduct a feasibility study on water optimization of Defense. in the Burnt River basin, Malheur River basin, Owyhee River basin, and Powder River basin, Or- FIREFIGHTER INVESTMENT AND egon, S. 2881, to update an existing Bureau of Rec- RESPONSE ENHANCEMENT ACT lamation program by amending the Small Reclama- Committee on Commerce, Science, and Transportation: tion Projects Act of 1956, to establish a partnership Committee concluded hearings on S. 1941, to amend program in the Bureau of Reclamation for small rec- the Federal Fire Prevention and Control Act of 1974 lamation projects, and S. 2882, to authorize the Bu- to authorize the Director of the Federal Emergency reau of Reclamation to conduct certain feasibility Management Agency to provide assistance to fire de- studies to augment water supplies for the Klamath partments and fire prevention organizations for the Project, Oregon and California, after receiving testi- purpose of protecting the public and firefighting mony from Larry Todd, Acting Director of Oper- personnel against fire and fire-related hazards, after ations, and Robert T. Anderson, Counselor to the receiving testimony from Senators Dodd and Secretary of the Interior, both of the Bureau of Rec- DeWine; Representatives Pascrell and Curt Weldon; lamation, Department of the Interior; Peter Carlson, Luther L. Fincher, Jr., Charlotte, North Carolina, on Will and Carlson, Inc., on behalf of the Oregon behalf of the International Association of Fire Chiefs; Water Resources Congress, and James R. Waltman, E. James Monihan, Lewes, Delaware, on behalf of the Wilderness Society, both of Washington, D.C.; and National Volunteer Fire Council; Billy Shields, Pro- Roger Nicholson, Resource Conservancy, Inc., Fort fessional Fire Fighters of Arizona, Phoenix, on behalf Klamath, Oregon. of the International Association of Fire Fighters; and James H. Whitworth, Miami Township Fire and Emergency Medical Service, Milford, Ohio. LOW ACTIVITY RADIOACTIVE WASTE Committee on Environment and Public Works: Com- PILOT SHORTAGES mittee concluded hearings on issues relating to the Committee on Commerce, Science, and Transportation: Sub- disposal of low activity radioactive waste, focusing committee on Aviation concluded hearings on the on the respective roles that state and federal agencies impact of pilot shortages on air service to smaller have played in regulating low activity waste and and rural markets, and certain related provisions of whether the standards used present an acceptable D816 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 2000 risk to human health and the environment, after re- NOMINATION ceiving testimony from Joseph W. Westphal, Assist- Committee on Foreign Relations: Committee concluded ant Secretary of the Army (Civil Works), Depart- hearings on the nomination of Richard A. Boucher, ment of Defense; Carl J. Paperiello, Deputy Execu- of Maryland, to be Assistant Secretary of State for tive Director for Materials, Research and State Pro- Public Affairs, after the nominee, who was intro- grams, Nuclear Regulatory Commission; Michael duced by Senator Sarbanes, testified and answered Shapiro, Principal Deputy Assistant Administrator, questions in his own behalf. Office of Solid Waste and Emergency Response, En- LATIN AMERICA ENVIRONMENTAL vironmental Protection Agency; L. Max Scott, Lou- PROTECTION isiana State University, Baton Rouge; and David E. Adelman, Natural Resources Defense Council, and Committee on Foreign Relations: Subcommittee on Western Hemisphere, Peace Corps, Narcotics and Scott Slesinger, Environmental Technology Council, Terrorism concluded hearings to examine environ- and Anthony J. Thompson, Shaw Pittman, on behalf mental protection from rapid economic and popu- of the Uranium Recovery Industry, all of Wash- lation growth, and unsustainable land-use practices ington, D.C. in the Latin America and Caribbean region, and the role of USAID and multilateral development banks ENERGY/FUEL/LAND USE TAXATION in addressing environmental degradation in that Committee on Finance: Subcommittee on Taxation and area, after receiving testimony from Carl H. Leonard, IRS Oversight concluded hearings to examine certain Deputy Administrator, Bureau for Latin America Federal income tax provisions that may effect energy and the Caribbean, Agency for International Devel- and fuel use, provisions of Federal income, estate, opment; Joseph E. Eichenberger, Director, Office of and gift tax law that may effect land use conserva- Multilateral Development Banks, Department of the tion and preservation, and proposals to lower United Treasury; Alexander F. Watson, Nature Conservancy, States dependency on foreign oil used in transpor- Arlington, Virginia; and Billie R. DeWalt, Univer- tation fuels (including tax incentives to promote the sity of Pittsburgh Center for Latin American Studies, use of alternative fuel vehicles and to increase do- Pittsburgh, Pennsylvania. mestic oil production), after receiving testimony PUBLIC SAFETY COOPERATION from Jonathan Talisman, Deputy Assistant Secretary Committee on Health, Education, Labor, and Pensions: of the Treasury for Tax Policy; Mayor H. Brent Committee held hearings on S. 1016, to provide col- Coles, Boise, Idaho, on behalf of the United States lective bargaining for rights for public safety officers Conference of Mayors; Virginia S. Gorday, Portman employed by States or their political subdivisions, re- Holdings, Atlanta, Georgia, on behalf of the Real ceiving testimony from David M. Smith, Solicitor, Estate Roundtable; Samuel R. Staley, Reason Public Federal Labor Relations Authority; Frederick H. Policy Institute, Los Angeles, California; Alan Front, Nesbitt, International Association of Fire Fighters, Trust for Public Land, and Elizabeth Thompson, En- R. Theodore Clark, Jr., Seyfarth, Shaw, Fairweather, vironmental Defense, both of Washington, D.C.; and Geraldson, on behalf of the National League of Guy F. Donaldson, Pennsylvania Farm Bureau, Cities, U.S. Conference of Mayors, National Associa- Camp Hill, on behalf of the American Farm Bureau tion of Counties, National Public Employer Labor Federation; Austin Cleaves, Nature Conservancy, Ar- Relations Association, and International Personnel lington, Virginia; and Jerry Townsend, Highwood, Management Association, and Gilbert G. Gallegos, Montana, on behalf of the Montana Land Reliance. Fraternal Order of Police, all of Washington, D.C.; and Gerald Flynn, International Brotherhood of Po- FATHERHOOD INITIATIVES lice Officers, Alexandria, Virginia. Committee on Finance: Subcommittee on Social Secu- Hearings recessed subject to call. rity and Family Policy concluded hearings to exam- NATIVE AMERICAN GRAVES PROTECTION ine the importance of non-custodial fathers in the Committee on Indian Affairs: Committee concluded lives of their children, and various fatherhood initia- oversight hearings to examine issues related to the tives that encompass public and private efforts to implementation of the Native American Graves Pro- help non-custodial fathers meet both financial and tection and Repatriation Act (P.L. 101–601) by the parenting responsibilities to their children, after re- Department of the Interior, including assessment of ceiving testimony from Senators Domenici, Kohl, the progress made during the last 10 years and what and Bayh; Florida State Representative Evelyn Lynn, remains to be done, timely publishing of repatriation Daytona Beach, on behalf of the National Conference notices, assessment of civil penalties, and adherence of State Legislatures; and Charles A. Ballard, Insti- to policy, after receiving testimony from Katherine tute for Responsible Fatherhood and Family Revital- H. Stevenson, Associate Director, Cultural Resource ization, Jeffery M. Johnson, National Center for Stra- Stewardship and Partnerships, National Park Service, tegic Nonprofit Planning and Community Leader- Department of the Interior; Armand Minthorn, Con- ship, and David L. Levy, Children’s Rights Council, federated Tribes of the Umatilla Indian Reservation, all of Washington, D.C. Pendleton, Oregon, and Martin E. Sullivan, Historic July 25, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D817 St. Mary’s City, St. Mary’s City, Maryland, both on Teilborg, and Susan Ritchie Bolton, each to be a behalf of the Native American Graves Protection and United States District Judge for the District of Ari- Repatriation Act Review Committee; Rebecca zona, after the nominees testified and answered ques- Tsosie, Arizona State University College of Law, tions in their own behalf. Mr. Reagan was intro- Tempe; Jefferson Keel, Chickasaw Nation, Ada, duced by Senator Durbin, and Ms. Murguia, Mr. Oklahoma; Pemina Yellow Bird, Three Affiliated Teilborg, and Ms. Bolton were introduced by Sen- Tribes of the Fort Berthold Reservation, New Town, ator Kyl and Representative Pastor. North Dakota; Alan Downer, Navajo Nation, Win- dow Rock, Arizona; Rosita Worl, University of Alas- NARCOTIC ECSTASY THREAT ka Southeast, Juneau, on behalf of the Sealaska Her- itage Foundation, Sealaska Corporation, and Alaska United States Senate Caucus on International Narcotics Federation of Natives; Robert P. Gough, Rosebud, Control: Caucus concluded hearings to examine the South Dakota, on behalf of the Rosebud Sioux Tribe; domestic threat of addiction to the narcotic known Suzan Shown Harjo, Morning Star Institute, W. as Ecstasy, and related provisions of S. 2612, to com- Richard West, National Museum of the American bat Ecstasy trafficking, distribution, and abuse in the Indian, on behalf of the American Association of United States, after receiving testimony from Donald Museums, and Keith W. Kintigh, Society for Amer- R. Vereen, Jr., Deputy Director, Office of National ican Archaeology, all of Washington, D.C.; and W. Drug Control Policy; Rand Beers, Assistant Secretary Donald Duckworth, Bishop Museum, Honolulu, Ha- of State for International Narcotics and Law Enforce- waii. ment Affairs; Raymond W. Kelly, Commissioner, U.S. Customs Service, Department of the Treasury; NOMINATIONS Richard A. Fiano, Chief of Operations, Drug En- Committee on the Judiciary: Committee concluded forcement Administration, Department of Justice; hearings on the nominations of Michael J. Reagan, Steven S. Martin, University of Delaware Center for to be United States District Judge for the Southern Drug and Alcohol Studies, Newark; and Amy Ross, District of Illinois, and Mary H. Murguia, James A. Arlington, Virginia. h House of Representatives Emergency Act of 1990, amended (H. Rept. Chamber Action 106–788); Bills Introduced: 19 public bills, H.R. 4942–4960; H.R. 4868, to amend the Harmonized Tariff and 1 resolution, H. Con. Res. 380. Page H7002 Schedule of the United States to modify temporarily Reports Filed: Reports were filed today as follows. certain rates of duty, to make other technical amend- H.R. 4464, to amend the Small Business Act to ments to the trade laws, amended (H. Rept. authorize the Administrator of the Small Business 106–789); Administration to make grants and to enter into co- H. Res. 563, providing for consideration of the operative agreements to encourage the expansion of bill (H.R. 4942) making appropriations for the gov- business-to-business relationships and the provision ernment of the District of Columbia and other ac- of certain information, amended (H. Rept. tivities chargeable in whole or in part against the revenues of said District for the fiscal year ending 106–784); September 30, 2001 (H. Rept. 106–790); H.R. 4530, to amend the Small Business Invest- H.R. 2348, to authorize the Bureau of Reclama- ment Act of 1958 to direct the Administrator of the tion to provide cost sharing for the endangered fish Small Business Administration to establish a New recovery implementation programs for the Upper Market Venture Capital Program (H. Rept. Colorado and San Juan River Basins, amended (H. 106–785). Rept. 106–791); and H.R. 4942, making appropriations for the govern- H.R. 4320, to assist in the conservation of great ment of the District of Columbia and other activities apes by supporting and providing financial resources chargeable in whole or in part against revenues of for the conservation programs of countries within the said District for the fiscal year ending September 30, range of great apes and projects of persons with 2001 (H. Rept. 106–786); demonstrated expertise in the conservation of great H.R. 2462, to amend the Organic Act of Guam, apes, amended (H. Rept. 106–792). Page H7001 amended (H. Rept. 106–787); Speaker Pro Tempore: Read a letter from the H.R. 4807, to amend the Public Health Service Speaker wherein he designated Representative Act to revise and extend programs established under Cooksey to act as Speaker pro tempore for today. the Ryan White Comprehensive AIDS Resources Page H6779 D818 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 2000 Recess: The House recessed at 9:25 a.m. and recon- ing Office to report to Congress on economically sig- vened at 10 a.m. Page H6782 nificant rules of Federal agencies; Pages H6851±55 Suspensions: The House agreed to suspend the rules Commission on Ocean Policy: S. 2327, to estab- and pass the following measures: lish a Commission on Ocean Policy—clearing the Veterans Benefits Act: H.R. 4850, to provide a measure for the President; Pages H6856±59 cost-of-living adjustment in rates of compensation Jaryd Atadero Legacy Trail in Roosevelt Na- paid to veterans with service-connected disabilities, tional Forest, Colorado: H.R. 3817, amended, to re- to enhance programs providing compensation and designate the Big South Trail in the Comanche Peak life insurance benefits for veterans; Pages H6783±86 Wilderness Area of Roosevelt National Forest in Veterans Claims Assistance Act: H.R. 4864, Colorado as the ‘‘Jaryd Atadero Legacy Trail.’’ amended, to amend title 38, United States Code, to Agreed to amend the title; Pages H6859±60 reaffirm and clarify the duty of the Secretary of Vet- National Underground Railroad Freedom Cen- erans Affairs to assist claimants for benefits under ter: H.R. 2919, amended, to promote preservation laws administered by the Secretary (passed by a yea and public awareness of the history of the Under- and nay vote of 414 yeas with none voting ‘‘nay’’, ground Railroad by providing financial assistance, to Roll No. 432); Pages H6786±90, H6841±42 the Freedom Center in Cincinnati, Ohio (passed by a yea and nay vote of—404 yeas to 11 nays with 2 Donald J. Mitchell Veterans Affairs Outpatient voting ‘‘present’’, Roll No. 434); Clinic: H.R. 1982, amended, to name the Depart- Pages H6860±64, H6885 ment of Veterans Affairs outpatient clinic located at Oregon Land Exchange: S. 1629, to provide for 125 Brookley Drive, Rome, New York, as the ‘‘Don- the exchange of certain land in the State of Or- ald J. Mitchell Department of Veterans Affairs Out- egon—clearing the measure for the President; patient Clinic.’’ Agreed to amend the title; Pages H6864±67 Pages H6790±91 Santa Rosa and San Jacinto Mountains Na- Recognizing Medal of Honor Recipients in He- tional Monument: H.R. 3676, amended, to estab- roes Plaza, Pueblo, Colorado: H. Con. Res. 351, lish the Santa Rosa and San Jacinto Mountains Na- recognizing Heroes Plaza in the City of Pueblo, Col- tional Monument in the State of California; orado, as honoring recipients of the Medal of Honor; Pages H6867±70 Pages H6791±92 Colorado Canyons National Conservation Area Protection of Innocent Children: H.R. 4888, to and Black Ridge Canyons Wilderness: H.R. 4275, protect innocent children (passed by a yea and nay amended, to establish the Colorado Canyons Na- vote of 417 yeas with none voting nay and 2 voting tional Conservation Area and the Black Ridge Can- ‘‘present,’’ Roll No. 431); Pages H6792±97, H6841 yons Wilderness; Pages H6870±75 Community Renewal and New Markets: H.R. Acquisition of Hunt House, in Waterloo, New 4923, to amend the Internal Revenue Code of 1986 York, Birthplace of the Women’s Right Movement: to provide tax incentives for the renewal of distressed S. 1910, to amend the Act establishing Women’s communities, to provide for 9 additional empower- Rights National Historical Park to permit the Sec- ment zones and increased tax incentives for em- retary of the Interior to acquire title in fee simple powerment zone development, and to encourage in- to the Hunt House located in Waterloo, New York vestments in new markets (passed by a yea and nay (passed by a yea and nay vote of 404 yeas to 9 nays vote of 394 yeas to 27 nays, Roll No. 430); with 1 voting ‘‘present’’, Roll No. 435)—clearing Pages H6797±H6841 the measure for the President; 10th Anniversary of the Activation of National Pages H6875±76, H6885±86 Guard and Reserve for Operations Desert Shield Yuma Crossing National Heritage Area: H.R. and Desert Storm: H. Res. 549, recognizing the 2833, amended, to establish the Yuma Crossing Na- historical significance of the 10th anniversary of the tional Heritage Area; Pages H6876±79 initial activation of National Guard and Reserve per- Guam Land Return Act: H.R. 2462, amended, sonnel for Operation Desert Shield and Operation to amend the Organic Act of Guam; Pages H6879±82 Desert Storm and expressing support for ensuring Use of Weber Basin Project, Utah Facilities for the readiness of the National Guard and Reserve; Beneficial Purposes: H.R. 3236, amended, to au- Pages H6842±46 thorize the Secretary of the Interior to enter into National Recording Preservation Act: H.R. contracts with the Weber Basin Water Conservancy 4846, amended, to establish the National Recording District, Utah, to use Weber Basin Project facilities Registry in the Library of Congress to maintain and for the impounding, storage, and carriage of non- preserve recordings that are culturally, historically, project water for domestic, municipal, industrial, or aesthetically significant; Pages H6846±51 and other beneficial purposes; Pages H6882±83 Truth in Regulating Act: H.R. 4924, to estab- Duchesne City, Utah Water Rights Conveyance: lish a 3-year pilot project for the General Account- H.R. 3468, amended, to direct the Secretary of the July 25, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D819

Interior to convey to certain water rights to throughout society and to promote transparency and Duchesne City, Utah. Pages H6883±84 increased accountability for all levels of government Preparedness Against Terrorism: H.R. 4210, and throughout the private sector; Pages H6950±52 amended, to amend the Robert T. Stafford Disaster Upper Colorado and San Juan River Basins En- Relief and Emergency Assistance Act to provide for dangered Fish Recovery: H.R. 2348, amended, to improved Federal efforts to prepare for and respond authorize the Bureau of Reclamation to provide cost to terrorist attacks; Pages H6886±93 sharing for the endangered fish recovery implementa- Designation of Carl Elliott Federal Building in tion programs for the Upper Colorado and San Juan Jasper, Alabama: H.R. 4806, to designate the Fed- River Basins; Pages H6953±54 eral building located at 1710 Alabama Avenue in Shivwits Band of the Paiute Indian Tribe Jasper, Alabama, as the ‘‘Carl Elliott Federal Build- Water Rights Claims: H.R. 3291, amended, to pro- ing’’ (passed by a yea and nay vote of 411 yeas with vide for the settlement of the water rights claims of none voting ‘‘nay’’, Roll No. 436); the Shivwits Band of the Paiute Indian Tribe of Pages H6893±96, H6925±26 Utah; Pages H6954±58 210th Anniversary of the Establishment of the Conservation of Great Apes: H.R. 4320, amend- Coast Guard: H. Con. Res. 372, expressing the ed, to assist in the conservation of great apes by sup- sense of the Congress regarding the historic signifi- porting and providing financial resources for the cance of the 210th anniversary of the establishment conservation programs of countries within the range of the Coast Guard (agreed to by a yea and nay vote of great apes and projects of persons with dem- of 409 yeas with none voting ‘‘ nay’’, Roll No. 437); onstrated expertise in the conservation of great apes; Pages H6896±H6902, H6926 Pages H6958±60 Miscellaneous Trade and Technical Corrections: Supporting the Goals of National Youth Day: H.R. 4868, amended, to amend the Harmonized H. Con. Res. 375, amended, recognizing the impor- Tariff Schedule of the United States to modify tem- tance of children in the United States and sup- porarily certain rates of duty, to make other tech- porting the goals and ideas of National Youth Day. nical amendments to the trade laws (a yea and nay vote of 411 yeas with none voting ‘‘nay’’, Roll No. Agreed to amend the title; Pages H6960±61 438); Pages H6902±25, H6926±27 Ryan White CARE Amendments: H.R. 4807, Military Extraterritorial Jurisdiction: H.R. amended, to amend the Public Health Service Act to 3380, amended, to amend title 18, United States revise and extend programs established under the Code, to establish Federal jurisdiction over offenses Ryan White Comprehensive AIDS Resources Emer- committed outside the United States by persons em- gency Act of 1990; Pages H6961±80 ployed by or accompanying the Armed Forces, or by Developmental Disabilities Assistance and Bill members of the Armed Forces who are released or of Rights: H.R. 4920, amended, to improve service separated from active duty prior to being identified systems for individuals with developmental disabil- and prosecuted for the commission of such offenses. ities, Pages H6980±99 Subsequently, the House passed S. 768, a similar Suspensions—Proceedings Postponed: The House Senate-passed bill, after amending it to contain the completed debate on the following motions to sus- text of H.R. 3380. Agreed to amend the title of S. pend the rules upon which further proceedings were 768, and H.R. 3380 was laid on the table. postponed: Pages H6928±32, H6938±40 Bulletproof Vest Partnership Grants: H.R. Justice for Victims of Terrorism: H.R. 3485, 4033, amended, to amend the Omnibus Crime Con- amended, to modify the enforcement of certain anti- trol and Safe Streets Act of 1968 to clarify the pro- terrorism judgments; Pages H6936±37 cedures and conditions for the award of matching Two Strikes and You’re Out Child Protection: grants for the purchase of armor vests; and H.R. 4047, to amend title 18 of the United States Pages H6932±36 Code to provide life imprisonment for repeat offend- Postponed Illegal Pornography Prosecution: H.R. ers who commit sex offenses against children; 4710, to authorize appropriations for the prosecution Pages H6940±42 of obscenity cases. Pages H6942±45 Congratulating the Mexican People on the Na- Suspension Failed—Fishermen’s Protective Act tional Elections: H. Res. 544, congratulating the Amendments: The House failed to suspend the people of the United Mexican States on the success rules and concur in the Senate amendment to H.R. of their democratic elections held on July 2, 2000; 1651, to amend the Fishermen’s Protective Act of Pages H6945±50 1967 to extend the period during which reimburse- International Anti-Corruption and Good Gov- ment may be provided to owners of United States ernance: H.R. 4697, amended, to amend the For- fishing vessels for costs incurred when such a vessel eign Assistance Act of 1961 to ensure that United is seized and detained by a foreign country by a yea States assistance programs promote good governance and nay vote of 265 yeas to 154 nays, Roll No. 433 by assisting other countries to combat corruption (2⁄3 required for passage). Pages H6855±56, H6884 D820 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 2000

Expressing Support for Family Mealtimes: The tor, Financial Institutions and Markets Issues, GAO; House agreed to H. Con. Res. 343, expressing the Barbara Miles, Specialist in Financial Institutions, sense of the Congress regarding the importance of Domestic Social Policy Division, Congressional Re- families eating together. Pages H6961±62 search Service, Library of Congress; and a public wit- Interior and Related Agencies Appropriations— ness. Send to Conference: The House disagreed with the OVERSIGHT—HIGH DEFINITION Senate amendment to H.R. 4578, making appropria- TELEVISION tions for the Department of the Interior and related agencies for the fiscal year ending September 30, Committee on Commerce: Subcommittee on Tele- 2001, and agreed to a conference. Appointed as con- communications, Trade, and Consumer Protection ferees: Chairman Young of Florida and Representa- held an oversight hearing on High Definition Tele- tives Regula, Kolbe, Skeen, Taylor of North Caro- vision (HDTV) and related matters. Testimony was lina, Nethercutt, Wamp, Kingston, Peterson of heard from public witnesses. Pennsylvania, Obey, Dicks, Murtha, Moran of Vir- DEFRAUDING MEDICARE ginia, Cramer, and Hinchey, Pages H6927±28 Committee on Government Reform: Subcommittee on Agreed to the Dicks motion to instruct conferees Government Management, Information and Tech- to insist on funding for the Institute of Museum and nology held a hearing on ‘‘Defrauding Medicare: Library Services at a level not less than the How easy is it and what can we do to stop it?’’ Tes- $24,907,000 provided in the Senate amendment. timony was heard from Senator Collins; Robert H. Pages H6927±28 Hast, Assistant Comptroller General, Special Inves- Senate Messages: Message received from the Senate tigations, GAO; the following officials of the De- today appears on page H6797. partment of Health and Human Services: John E. Amendments: Amendments ordered pursuant to Hartwig, Deputy Inspector General, Investigations; the rule appear on pages H7003–04. and Penny Thompson, Director, Program Integrity, Health Care Financing Administration; John Quorum Calls—Votes: Nine yea and nay votes de- Krayniak, Deputy Attorney General, Director, Med- veloped during the proceedings of the House today icaid Fraud Control Unit, State of New Jersey; and and appear on pages H6840, H6841, H6841–42, public witnesses. H6884, H6885, H6885–86, H6925–26, H6926, and H6926–27. There were no quorum calls. U.S. POSTAL SERVICE AND POSTAL Adjournment: The House met at 9:00 a.m. and ad- INSPECTION SERVICE journed at 12:34 a.m. on Wednesday, July 26. Committee on Government Reform: Subcommittee on Postal Service held a hearing on ‘‘The U.S. Postal Service and the Postal Inspection Service: Market Committee Meetings Competition and Law Enforcement in Conflict?’’ U.S. GRAIN STANDARDS Testimony was heard from John Nolan, Deputy REAUTHORIZATION ACT Postmaster General, U.S. Postal Service; and public Committee on Agriculture: Subcommittee on General witnesses. Farm Commodities, Resource Conservation, and CONGRATULATING PEOPLE OF MEXICO; Credit approved for full Committee action, as INTERNATIONAL CRIMINAL COURT amended, H.R. 4788, United States Grain Standards Reauthorization Act of 2000. Committee on International Relations: Favorably consid- ered the following resolution and adopted a motion CONDUCT OF MONETARY POLICY urging the Chairman to request that it be considered Committee on Banking and Financial Services: Held a on the Suspension Calendar: H. Res. 544, congratu- hearing on Conduct of Monetary Policy. Testimony lating the people of the United Mexican States on was heard from Alan Greenspan, Chairman, Board of the success of their democratic elections held on July Governors, Federal Reserve System. 2, 2000. The Committee also held a hearing on the Inter- GOVERNMENT SPONSORED ENTERPRISES; national Criminal Court: A Threat to American IMPLICATION OF DEBT HELD Military Personnel?-Part 1. Testimony was heard Committee on the Budget: Task Force on Housing and from Lawrence S. Eagleburger, former Secretary of Infrastructure held a hearing on ‘‘Economic Implica- State; and a public witness. tions of Debt Held By Government Sponsored En- Hearings continue tomorrow. terprises.’’ Testimony was heard from the following officials of the Department of Housing and Urban RESOLUTION—SOUTH KOREA AND Development: Armando Falcon, Director, Office of NORTH KOREA RECENT SUMMIT Federal Housing and Enterprise Oversight; and Wil- Committee on International Relations: Subcommittee on liam C. Apgar, Assistant Secretary, Housing, Federal Asia and the Pacific approved for full Committee ac- Highway Commissioner and Designee to the Federal tion, as amended, H. Res. 543, expressing the sense Housing Finance Board; Thomas J. McCool, Direc- of the House of Representatives regarding the recent July 25, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D821 summit held by the Presidents of South Korea and nues of said District for the fiscal year ending Sep- North Korea. tember 30, 2001, to be equally divided between the chairman and ranking minority member of the Com- MISCELLANEOUS MEASURES mittee on Appropriations. The rule waives all points Committee on the Judiciary: Ordered reported the fol- of order against consideration of the bill. The rule lowing bills: H.R. 238, amended, to amend section waives clause 2 of rule XXI (prohibiting unauthor- 274 of the Immigration and Nationality Act to im- ized appropriations, legislative provisions or re-ap- pose mandatory minimum sentences, and increase propriations in a general appropriations bill) against certain sentences, for bringing in and harboring cer- provisions in the bill, except as specified by the rule. tain aliens and to amend title 18, United States Code, to provide enhanced penalties for persons com- The rule makes in order only those amendments that mitting such offenses while armed; H.R. 2987, have been pre-printed in the Congressional Record amended, Methamphetamine Anti-Proliferation Act and amendments printed in the report of the Com- of 1999; H.R. 3235, amended, the National Police mittee on Rules accompanying the resolution. The Athletic League Youth Enrichment Act of 1999; and rule waives all points of order against the amend- H.R. 4870, Patent Technical Corrections Act of ments printed in the Rules Committee report, which 2000. shall be offered only by a Member designated in the report and only at the appropriate point in the read- MINERAL RIGHTS, AND FEDERAL ing of the bill, shall be considered as read, shall be EMPLOYEE PAYMENTS debatable for the time specified in the report equally Committee on Resources: Subcommittee on Energy and divided and controlled by the proponent and an op- Mineral Resources held a hearing to examine laws, ponent, shall not be subject to amendment and shall policies, practices, and operations of the Department not be subject to a demand for division of the ques- of the Interior and Department of Energy related to tion in the House or in the Committee of the payments to their employees (including federal pub- Whole. The rule permits the Chairman of the Com- lic land oil royalty and valuation policy advisors) mittee of the Whole to postpone votes during con- from outside sources, (including the Project on Gov- sideration of the bill, and to reduce voting time to ernment Oversight); and to examine (a) the source of five minutes on a postponed question if the vote fol- funds for such payments, (b) the relationship be- lows a fifteen minute vote. Finally, the rule provides tween those managing and overseeing the organiza- one motion to recommit with or without instruc- tion that made the payments and the individuals tions. Testimony was heard from Representatives who received the payments, (c) the effect of the pay- Istook, Tiahrt, Davis of Virginia, Bilbray, Moran of ments on programs, policies, and positions of such Virginia, and Norton. departments. Testimony was heard from Mari R. Barr, Deputy Assistant Secretary, Human Resources, NUCLEAR ENERGY’S ROLE: IMPROVING Department of the Interior; Eric J. Fygi, General Counsel, Department of Energy; and public wit- U.S. ENERGY SECURITY AND REDUCING nesses. EMISSIONS Committee on Science: Subcommittee on Energy and MISCELLANEOUS MEASURE; OVERSIGHT— Environment held a hearing on Nuclear’s Energy NATIONAL FOREST TIMBER SALE Role: Improving U.S. Energy Security and Reducing PROGRAM Emissions. Testimony was heard from Representative Committee on Resources: Subcommittee on Forests and Knollenberg; James J. Duderstadt, Chair, Nuclear Forest Health held a hearing on H.R. 4656, to au- Energy Research Advisory Committee to the Depart- thorize the Forest Service to convey certain lands in ment of Energy; and public witnesses. the Lake Tahoe Basin to the Washoe County School District for use as an elementary school site. Testi- MISCELLANEOUS MEASURES mony was heard from Representative Gibbons; and Jack Craven, Director, Lands, Forest Service, USDA. Committee on Transportation and Infrastructure: Sub- The Subcommittee also held an oversight hearing committee on Economic Development, Public Build- on the Once and Future National Forest Timber Sale ings, Hazardous Materials and Pipeline Transpor- Program. Testimony was heard from Ann M. tation approved for full Committee action the fol- Bartuska, Director, Forest Management, Forest Serv- lowing: GSA’s Fiscal Year 2001 Courthouse Con- ice, USDA; and public witnesses. struction Program; Out of Cycle Lease-San Francisco/ Oakland, California (IRS); S. 1794, to designate the DISTRICT OF COLUMBIA APPROPRIATIONS Federal courthouse at 145 East Simpson Avenue in Committee on Rules: Granted, by voice vote, a modi- Jackson, Wyoming, as the ‘‘Clifford P. Hansen Fed- fied open rule providing one hour of general debate eral Courthouse’’; and H.R. 4806, to designate the on H.R. 4942, making appropriations for the gov- Federal building located at 1710 Alabama Avenue in ernment of the District of Columbia and other ac- Jasper, Alabama, as the ‘‘Carl Elliott Federal Build- tivities chargeable in whole or in part against reve- ing’’. D822 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 2000

SHORT LINE RAIL INFRASTRUCTURE 30, 2001, but did not complete action thereon, and NEEDS recessed subject to call. Committee on Transportation: Subcommittee on Ground APPROPRIATIONS—LEGISLATIVE BRANCH Transportation held a hearing on Short Line Rail In- frastructure Needs. Testimony was heard from Jolene Conferees agreed to file a conference report on the dif- Molitoris, Administrator, Federal Railroad Adminis- ferences between the Senate and House passed tration, Department of Transportation; and public versions of H.R. 4516, making appropriations for witnesses. the Legislative Branch for the fiscal year ending Sep- tember 30, 2001. VA PHARMACEUTICAL PROCURE POLICY f Committee on Veterans’ Affairs: Subcommittee on Health held a hearing on VA pharmaceutical pro- NEW PUBLIC LAWS curement policy. Testimony was heard from William (For last listing of Public Laws, see DAILY DIGEST, p. D749) Flynn, Director, Retirement and Insurance Programs, S. 148, to require the Secretary of the Interior to OPM; Edward A. Powell, Assistant Secretary, Man- establish a program to provide assistance in the con- agement, Department of Veterans Affairs; a rep- servation of neotropical migratory birds. Signed July resentative of a veterans organization; and a public 20, 2000. (P.L. 106–247) witness. f RAILROAD RETIREMENT AND SURVIVORS’ COMMITTEE MEETINGS FOR IMPROVEMENT ACT WEDNESDAY, JULY 26, 2000 Committee on Ways and Means: Ordered reported, as amended, H.R. 4844, Railroad Retirement and Sur- (Committee meetings are open unless otherwise indicated) vivors’ Improvement Act of 2000. Senate Committee on Agriculture, Nutrition, and Forestry: to hold BALANCED BUDGET ACT—ADDITIONAL hearings to review the federal sugar program, 8:30 a.m., MEDICARE REFINEMENTS SH–216. Committee on Ways and Means: Subcommittee on Committee on Armed Services: to hold hearings on the Health held a hearing on Additional Medicare Re- nomination of Donald Mancuso, of Virginia, to be Inspec- finements to the Balanced Budget Act of 1997. Tes- tor General, Department of Defense; Roger W. Kallock, timony was heard from Robert A. Berenson, M.D., of Ohio, to be Deputy Under Secretary of Defense for Lo- Director, Center for Health Plans and Providers, gistics and Material Readiness; and James Edgar Baker, Health Care Financing Administration, Department of Virginia, to be a Judge of the United States Court of of Health and Human Services; and public witnesses. Appeals for the Armed Forces, 9:30 a.m., SR–222. Committee on Commerce, Science, and Transportation: to TRANSPORTATION INFRASTRUCTURE— hold hearings on S. 2902, to revise the definition of ad- TAX TREATMENT vanced service, 9:30 a.m., SR–253. Committee on Ways and Means: Subcommittee on Committee on Energy and Natural Resources: to hold over- sight hearings on Natural Gas Supply, 9:30 a.m., Oversight held a hearing on Tax Treatment of SD–366. Transportation Infrastructure. Testimony was heard Subcommittee on Forests and Public Land Manage- from Representative Oberstar; Tommy G. Thomp- ment, to hold oversight hearings on the Draft Environ- son, Governor, State of Wisconsin and Chairman, mental Impact Statement implementing the October Amtrak Reform Board, National Railroad Passenger 1999 announcement by the President to review approxi- Corporation (AMTRAK); Catherine L. Ross, Execu- mately 40 million acres of national forest for increased tive Director, Regional Transportation Authority, protection, 2:30 p.m., SD–366. State of Georgia; and public witnesses. Committee on Environment and Public Works: business meeting to consider pending calendar business, 9 a.m., BRIEFING—GLOBAL HOT SPOTS SD–406. Permanent Select Committee on Intelligence: Met in execu- Committee on Finance: to hold hearings on the nomina- tive session to receive a briefing on Global Hot tion of Robert S. LaRussa, of Maryland, to be Under Sec- Spots. The Committee was briefed by departmental retary of Commerce for International Trade; the nomina- officials. tion of Ruth Martha Thomas, of the District of Colum- bia, to be a Deputy Under Secretary of the Treasury; the nomination of Lisa Gayle Ross, of the District of Colum- Joint Meetings bia, to be an Assistant Secretary of the Treasury; and the APPROPRIATIONS—LABOR, HEALTH, nomination of Lisa Gayle Ross, of the District of Colum- bia, to be Chief Financial Officer, Department of the HUMAN SERVICES, AND EDUCATION Treasury, 10 a.m., SD–215. Conferees met to resolve the differences between the Committee on Foreign Relations: business meeting to con- Senate and House passed versions of H.R. 4577, sider pending calendar business, 11 a.m., SD–419. making appropriations for the Departments of Labor, Committee on Governmental Affairs: to hold hearings on Health and Human Services, and Education, and re- S. 1801, to provide for the identification, collection, and lated agencies for the fiscal year ending September review for declassification of records and materials that July 25, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D823 are of extraordinary public interest to the people of the to amend the Ysleta del Sur Pueblo and Alabama and United States, 10 a.m., SD–342. Coushatta Indian Tribes of Texas Restoration Act to de- Committee on Health, Education, Labor, and Pensions: Sub- crease the requisite blood quantum required for member- committee on Public Health, to hold hearings on bridg- ship in the Ysleta del Sur Pueblo tribe; S. 1694; Hawaii ing the gap between health disparities, 9:30 a.m., Water Resources Reclamation Act of 2000; H.R. 1751, SD–430. Carrizo Plain National Conservation Area Act of 1999; Full Committee, to hold hearings to examine the H.R. 2090, Exploration of the Seas Act; H.R. 2267, Americans with Disabilities Act, 2 p.m., SH–216. Willing Seller Amendments of 1999 to the National Committee on Indian Affairs: to hold hearings on S. Trails System Act; H.R. 2674, Palmetto Bend Convey- 2526, to amend the Indian Health Care Improvement ance Act; H.R. 2752, Lincoln County Land Act of 1999; Act to revise and extend such Act, 2:30 p.m., SR–485. H.R. 2798, Pacific Salmon Recovery Act of 1999; H.R. Committee on the Judiciary: Subcommittee on Adminis- 3118, to direct the Secretary of the Interior to issue regu- trative Oversight and the Courts, to hold hearings on the lations under the Migratory Bird Treaty Act that author- interim report to the Attorney General concerning the ize States to establish hunting seasons for double-crested 1993 confrontation at the Mt. Carmel Complex, 2 p.m., cormorants; H.R. 3241, to direct the Secretary of the In- SD–106. terior to recalculate the franchise fee owed by Fort Sumter Tours, Inc., a concessioner providing service to Fort Sum- Committee on Small Business: business meeting to mark ter National Monument in South Carolina; H.R. 3388, up S. 1594, to amend the Small Business Act and Small Lake Tahoe Restoration Act; H.R. 3520, White Clay Business Investment Act of 1958, 9 a.m., SR–428A. Creek Wild and Scenic Rivers System Act; H.R. 3632, House Golden Gate National Recreation Area Boundary Adjust- Committee on Agriculture, to continue hearings to review ment Act of 2000; H.R. 3745, Effigy Mounds National federal farm policy, 10 a.m., 1300 Longworth. Monument Additions Act; H.R. 4125, to provide a grant under the urban park and recreation recovery program to Committee on Appropriations, Subcommittee on Interior, assist in the development of a Millennium Cultural Coop- hearing on National Energy Strategy, 10 a.m., B–308 erative Park in Youngstown, Ohio; H.R. 4144, Coal Ac- Rayburn. countability and Retired Employee Act of the 21st Cen- Committee on Commerce, to mark up the following bills: tury; H.R. 4226, Black Hills National Forest and Rocky H.R. 2641, to make technical corrections to title X of Mountain Research Station Improvement Act; H.R. 4318, the Energy Policy Act of 1992; H.R. 4541, Commodity Red River National Wildlife Refuge Act; H.R. 4521, to Futures Modernization Act of 2000; and H.R. 3250, direct the Secretary of the Interior to authorize and pro- Health Care Fairness Act of 1999, 10 a.m., 2123 Ray- vide funding for rehabilitation of the Going-to-the-Sun burn. Road in Glacier National Park, to authorize funds for Committee on Education and the Workforce, Subcommittee maintenance of utilities related to the Park; H.R. 4643, on Early Childhood, Youth, and Families, to mark up Torres-Martinez Desert Cahuilla Indians Claims Settle- H.R. 4875, Scientifically Based Education Research, Sta- ment Act; H.R. 4725, to amend the Zuni Land Conserva- tistics, Evaluation, and Information Act of 2000, 10:30 tion Act of 1990 to provide for the expenditure of Zuni a.m., 2175 Rayburn. funds by that tribe; H.R. 4790, Hunting Heritage Pro- Committee on Government Reform, Subcommittee on Gov- tection Act; H.R. 4828, Steens Mountain Wilderness Act ernment Management, Information and Technology, over- of 2000; H.R. 4840, Atlantic Coastal Fisheries Act of sight hearing on Computer Security: Cyber Attacks-War 2000; and H.R. 4847, to direct the Secretary of the Inte- Without Borders, 10 a.m., 2154 Rayburn. rior to refund certain amounts received by the United Subcommittee on National Security, Veterans Affairs States pursuant to the Reclamation Reform Act of 1982, and International Relations, hearing on Combating Ter- 11 a.m., 1324 Longworth. rorism: Assessing Threats, Risk Management and Estab- Committee on Rules, to consider the following: H.R. lishing Priorities, 10 a.m., 2247 Rayburn. 4844, Railroad Retirement and Survivors’ Improvement Committee on International Relations, to continue hearings Act of 2000; and H.R. 4865, Social Security Benefits Tax on The International Criminal Court: Recent Develop- Relief Act of 2000, 3 p.m., H–313 Capitol. ments, Part 11, 10 a.m., 2172 Rayburn. Committee on Science, to mark up the following bills: Subcommittee on Western Hemisphere, hearing on H.R. 2413, Computer Security Enhancement Act of U.S. Relations with Brazil: Strategic Partners or Regional 1999; H.R. 4901, National Science Foundation Author- Competitors? 1:30 p.m., 2200 Rayburn. ization Act of 2000; H.R. 4429, Electronic Commerce Committee on the Judiciary, to mark up the following Enhancement Act of 2000; and H.R. 4271, National bills: H.R. 4640, DNA Analysis Backlog Elimination Act Science Education Act, 2 p.m., 2318 Rayburn. of 2000; H.R. 4292, the Born-Alive Infants Protection Committee on Transportation and Infrastructure, to mark Act of 2000’’; and H.R. 2883, Adopted Orphans Citizen- up the following: GSA Fiscal Year Courthouse Construc- ship Act, 10 a.m., 2141 Rayburn.. tion Program; Out-of-cycle Lease-San Francisco, California Committee on Resources, to consider the following meas- (IRS) l Out-of-cycle Amendment-Kansas City, Missouri ures: H. Con. Res. 345, expressing the sense of the Con- (Courthouse); 11 (b) Resolution, John Hopkins Univer- gress regarding the need for cataloging and maintaining sity, Baltimore, Maryland; S. 1794, to designate the Fed- public memorials commemorating military conflicts of eral courthouse at 145 East Simpson Avenue in Jackson, the United States and the service of individuals in the Wyoming, as the ‘‘Clifford P. Hansen Federal Court- Armed Forces; S. 624, Fort Peck Reservation Rural house’’; H.R. 2163, to designate the United States court- Water System Act of 1999; S. 1027, Deschutes Resources house located at 500 Pearl Street in New York City, New Conservancy Reauthorization Act of 1999; H.R. 1124, York, as the ‘‘Ted Weiss United States Courthouse’’; and Fort Peck Reservation Rural Water System Act of 1999; Corps of Engineers Survey Resolutions, 10 a.m., 2167 S. 1288, Community Forest Restoration Act; H.R. 1460, Rayburn. D824 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, July 26 10 a.m., Wednesday, July 26

Senate Chamber House Chamber Program for Wednesday: After the recognition of two Program for Wednesday: Consideration of H.J. Res. 99, Senators for speeches and the transaction of any morning disapproving the extension of the waiver authority con- business (not to extend beyond 10:15 a.m.), Senate will tained in section 402(c) of the Trade Act of 1974 with proceed to a cloture vote on the motion to proceed to respect to Vietnam. (subject to unanimous consent agree- H.R. 4871, Treasury/Postal Service Appropriations. Also, ment); and Senate will proceed to a cloture vote on the motion to Consideration of H.R. 4942, District of Columbia Ap- proceed to S. 2507, Intelligence Authorization. propriations for Fiscal Year 2001 (modified open rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hilleary, Van, Tenn., E1314 Radanovich, George, Calif., E1317 Kucinich, Dennis J., Ohio, E1314 Rogan, James E., Calif., E1314 Berry, Marion, Ark., E1313 Larson, John B., Conn., E1314 Slaughter, Louise McIntosh, N.Y., E1317 DeLauro, Rosa L., Conn., E1313, E1317 Manzullo, Donald A., Ill., E1313

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