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, MONDAY, OCTOBER 2, 2000 No. 120 House of Representatives The House met at 12:30 p.m. and was PRAYER PAY THE NATION’S BILLS called to order by the Speaker pro tem- The Chaplain, the Reverend Daniel P. (Mr. GIBBONS asked and was given pore (Mr. STEARNS). Coughlin, offered the following prayer: permission to address the House for 1 f Throughout our religious history and minute and to revise and extend his re- the story of this Nation, You have tried marks.) DESIGNATION OF SPEAKER PRO to teach us, O Lord. In Jesus, in the Mr. GIBBONS. Mr. Speaker, when I TEMPORE prophets and even in our own times, was getting ready to come to Wash- The SPEAKER pro tempore laid be- You tell us: ‘‘the just suffer for the un- ington today, I put on this suit which fore the House the following commu- just to lead us closer to You.’’ I had not worn in quite a while; and nication from the Speaker: If we read the stories with the eyes of when I reached into my pocket, I faith, we come to see that even suf- found, much to my surprise, a $10 bill. WASHINGTON, DC, I pulled it out and said to my wife, October 2, 2000. fering has a purpose. Dawn, ‘‘Look, honey, $10.’’ It was kind I hereby appoint the Honorable CLIFF Any difficulty or period of trial can STEARNS to act as Speaker pro tempore on bring us closer to You, O Lord. of like having free money. this day. In the ancient story of Noah or in But she quickly reminded me and J. DENNIS HASTERT, early patriotic stories of this Nation, shook her head, took the $10, and told Speaker of the House of Representatives. You teach us that people cannot only me that we still had bills to pay. It reminded me of the budget battle f come through periods of testing safely, they can, in their suffering, discover that we are facing today here in this MORNING HOUR DEBATES Your holy presence as never before. House. And since our Democrats like our Nation’s surplus, think of it as free The SPEAKER pro tempore. Pursu- As we listen to the stories of victims who become survivors, we marvel at money, but it is not. ant to the order of the House of Janu- My colleagues, we still have a big bill ary 19, 1999, the Chair will now recog- the strength they find in You, O Lord. Their witness becomes our call to be to pay of our Nation’s public debt. And nize Members from lists submitted by the surplus would not have been pos- the majority and minority leaders for renewed in faith. Your faithfulness remains now and sible without the common sense poli- morning hour debates. The Chair will cies of this Republican Congress. And alternate recognition between the par- forever. Amen. now we must exercise the same respon- ties, with each party limited to not to sibility with the surplus and reject the exceed 30 minutes, and each Member, f Democrats’ big spending plans. except the majority leader, the minor- THE JOURNAL We can pay down the national debt ity leader, or the minority whip, lim- and meet this Nation’s most pressing ited to not to exceed 5 minutes. The SPEAKER pro tempore. The needs, like enacting prescription drug Chair has examined the Journal of the f plans that offer seniors real choice. But last day’s proceedings and announces we must commit 90 percent of the sur- RECESS to the House his approval thereof. plus to paying our bills to wiping out Pursuant to clause 1, rule I, the Jour- our public debt, because no one is going The SPEAKER pro tempore. Pursu- nal stands approved. ant to clause 12 of rule I, the Chair de- to reach into the pocket of an old suit clares the House in recess until 2 p.m. f and pull out $6.5 trillion. Accordingly (at 12 o’clock and 31 f PLEDGE OF ALLEGIANCE minutes p.m.), the House stood in re- SALUTING 100TH ANNIVERSARY OF cess until 2 p.m. The SPEAKER pro tempore. Will the BELLWOOD, ILLINOIS gentleman from Ohio (Mr. (Mr. DAVIS of Illinois asked and was f LATOURETTE) come forward and lead the House in the Pledge of Allegiance. given permission to address the House b 1400 for 1 minute and to revise and extend Mr. LATOURETTE led the Pledge of his remarks.) AFTER RECESS Allegiance as follows: I pledge allegiance to the Flag of the Mr. DAVIS of Illinois. Mr. Speaker, The recess having expired, the House United States of America, and to the Repub- today I rise to salute the village of was called to order by the Speaker pro lic for which it stands, one nation under God, Bellwood, Illinois, which is celebrating tempore (Mr. PEASE) at 2 p.m. indivisible, with liberty and justice for all. its 100th year anniversary. It is a quiet,

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 Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8554 CONGRESSIONAL RECORD — HOUSE October 2, 2000 quaint little village made up of some of SECTION 1. LARRY SMALL POST OFFICE BUILD- The SPEAKER pro tempore. Is there the finest people in this country. ING. objection to the request of the gen- One of the ways that they decided to (a) DESIGNATION.—The facility of the tleman from Ohio? United States Postal Service located at 3695 celebrate their 100th year anniversary Green Road in Beachwood, Ohio, shall be There was no objection. was to give away 100 appreciation slips known and designated as the ‘‘Larry Small Mr. LATOURETTE. Mr. Speaker, Mr. to individuals who had performed acts Post Office Building’’. Small also counts among his friends of kindness. And so, anybody who (b) REFERENCES.—Any reference in a law, former Congressman Ed Feighan and wanted to submit a person who per- map, regulation, document, paper, or other also worked with George formed an act of kindness in the village record of the United States to the facility re- Stephanopolous when he was a staffer of Bellwood, all they had to do was sub- ferred to in subsection (a) shall be deemed to for Congressman Feighan. be a reference to the ‘‘Larry Small Post Of- Larry Small has witnessed the tre- mit to the mayor. fice Building’’. So I commend Mayor Donald T. mendous transformation and growth of Lemm, all of the members of the board The SPEAKER pro tempore. Pursu- Beachwood over the last four decades. of trustees, and wish them another ant to the rule, the gentleman from In 1960, when Beachwood first at- great 100 years. Ohio (Mr. LATOURETTE) and the gen- tained city status, it had a population tleman from Illinois (Mr. DAVIS) each of just over 6,000 residents. Today there f will control 20 minutes. are more than 2,900 homes, more than STAR WITNESS IN PAN AM 103 The Chair recognizes the gentleman 21 apartments and condominiums, and TRIAL IS CIA INFORMANT from Ohio (Mr. LATOURETTE). the population exceeds 12,000. The city GENERAL LEAVE (Mr. TRAFICANT asked and was covers just six square miles. given permission to address the House Mr. LATOURETTE. Mr. Speaker, I When Larry Small was first elected for 1 minute and to revise and extend ask unanimous consent that all Mem- to the Beachwood Council, the city has his remarks.) bers may have 5 legislative days within had a tax duplicate of less than $50 mil- Mr. TRAFICANT. Mr. Speaker, the which to revise and extend their re- lion. Today it is more than half a bil- star witness in the Pan Am 103 trial marks on H.R. 4315. lion dollars. The SPEAKER pro tempore. Is there turns out to be a paid CIA informant Larry is credited with developing a objection to the request of the gen- who lied through his teeth. Reports say full-time fire department and bringing tleman from Ohio? his testimony was so phoney his nose is parademics to the city’s safety forces. There was no objection. still growing. He has been a loyal friend to the police Mr. LATOURETTE. Mr. Speaker, I Beam me up, Mr. Speaker. and fire departments over the years. He yield myself such time as I may con- The families of the victims deserve is also responsible for enacting a city sume. the truth. ordinance making gun owners respon- (Mr. LATOURETTE asked and was An original Mossad report said that sible for the safe and secure handling given permission to revise and extend Iran hired Ahmed Jibrial and all this and storage of their firearms. his remarks.) Mr. Speaker, Larry Small was also attention on Malta is simply to cover Mr. LATOURETTE. Mr. Speaker, I behind the creation of the city’s human up a drug run from Frankfurt to New rise today in support of H.R. 4315. services department. And let me tell York by an operative who was close to Mr. Speaker, today I ask my col- my colleagues that that department is the CIA that embarrasses the CIA. leagues to support H.R. 4315, which will certainly responsive to the residents’ It is time to investigate the truth. designate the post office located at 3695 needs, particularly those of the elderly. I yield back the fact that, if these Green Road in Beachwood, Ohio, as the For example, the department has two Libyans were responsible for blow- ‘‘Larry Small Post Office Building.’’ joined forces with Beachwood High ing up Pan Am 103, they have already I can really think of no person more School to offer free driveway apron and choked on a chicken bone in a jail cell deserving of this honor than Larry walkway snow shoveling to the resi- of Qadhafi’s. Small. My colleagues would be hard dents in the city over the age of 60. f pressed, Mr. Speaker, to find a person And I want to tell my colleagues that ANNOUNCEMENT BY THE SPEAKER who cares for, about, or has done more this is no small undertaking, as the PRO TEMPORE for the city of Beachwood, Ohio, a city of Beachwood lies within the thriving Cleveland suburb. I am pleased snowbelt in Cleveland. The SPEAKER pro tempore. Pursu- that all 19 members of the Ohio delega- In this unique program, members of ant to the provisions of clause 8 of rule tion are supporting this measure, as re- the high school’s freshman class have XX, the Chair announces that he will quired by the rules of our sub- volunteered their time to shovel so the postpone further proceedings today on committee. lives of the city’s elderly population each motion to suspend the rules on Mr. Speaker, Larry Small, at the are made easier. All the older residents which a recorded vote or the yeas and young age of 82, decided to retire last have to do is call up the high school, nays are ordered, or on which the vote year after 32 years serving on the the human services department and the is objected to under clause 6 of rule Beachwood City Council and numerous student will come to their home and XX. civic organizations. He prides himself shovel at their earliest convenience. Such record votes, if postponed, will on being a voice of the people and is Larry Small also deserves credit for be taken after debate has concluded on just as accessible and helpful to the overseeing the development of most of all motions to suspend the rules but common man as those in loftier posi- the great recreational facilities in not before 6 p.m. today. tions. He counts among his friends my Beachwood, including the Beachwood f good friend and colleague, the gentle- pool. As a matter of fact, rumor has it woman from Ohio (Mrs. JONES). that Larry carried around the blue- LARRY SMALL POST OFFICE The gentlewoman from Ohio (Mrs. prints of the swimming pool in the BUILDING JONES) and I have the honor of split- trunk of his car for 8 months after the Mr. LATOURETTE. Mr. Speaker, I ting in this world of gerrymandering pool was completed. He has been move to suspend the rules and pass the the city of Beachwood, Ohio; and she is dubbed the ‘‘Father of the Beachwood bill (H.R. 4315) to designate the facility a cosponsor of this legislation. Pool’’ by the local newspaper. of the United States Postal Service lo- I would note, for the RECORD, that Larry Small, Mr. Speaker, is not just cated at 3695 Green Road in travel difficulties make it impossible a wonderful guardian of the city of Beachwood, Ohio, as the ‘‘Larry Small for her to be here at this hour; and Beachwood but also anyone in need. Post Office Building.’’ even though I have asked for general When he was on the council, he person- The Clerk read as follows: leave, Mr. Speaker, I specifically ask ally responded to about a thousand H.R. 4315 unanimous consent that the gentle- calls from residents each year. Be it enacted by the Senate and House of Rep- woman from Ohio (Mrs. JONES) have Now, though formally retired from resentatives of the United States of America in the opportunity to supplement the the city council, Larry Small still gets Congress assembled, RECORD. up each day at 5:30 in the morning,

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8555 heads to his day job as a seniors affair Mr. Speaker, I just want to thank my the concurrent resolution (H. Con. Res. specialist for the county. He is always distinguished colleague, the gentleman 396) celebrating the birth of James there to help other seniors or point from Illinois (Mr. DAVIS) for his com- Madison and his contributions to the them in the right direction. He is a ments. Nation. champion of senior rights. I urge our colleagues to support the The Clerk read as follows: Mr. Speaker, the city of Beachwood, bill. H. CON. RES. 396 Ohio, honored Larry Small by desig- Ms. JONES of Ohio. Mr. Speaker, it gives Whereas March 16, 2001, is the 250th anni- nating December 20, 1999, as ‘‘Larry me great pleasure to speak on support of this versary of the birth of James Madison, Fa- Small Day.’’ It is now time for the Con- legislation. I can think of no one more deserv- ther of the United States Constitution and gress to honor him as well and name ing of this tribute. fourth President of the United States; the post office on Green Road in Larry Small served with distinction on the Whereas the ideals of James Madison, as Beachwood the ‘‘Larry Small Post Of- expressed in the Constitution he conceived Beachwood City Council for 32 years, retiring for the American Nation and in the prin- fice Building.’’ just recently at the age of 82. Mr. Small is so ciples of freedom he established in the Bill of Mr. Speaker, I reserve the balance of well thought of by his neighbors that they paid Rights, are the foundations of American my time. tribute to him by declaring December 20, 1999 Government and life; Mr. DAVIS of Illinois. Mr. Speaker, I ‘‘Larry Small Day.’’ Whereas James Madison’s lifetime of pub- yield myself such time as I may con- Larry Small is an exceedingly modest man lic service, as a member of the Virginia sume. never seeks to bring attention to his many ac- House of Delegates, as a delegate to the Con- Mr. Speaker, as a member of the Sub- complishments and contributions. So let me tinental Congress during the American Revo- committee on the Postal Service, I am lution, as a delegate to the Constitutional do it for him: Convention in 1787, as a leader in the House pleased to join with my subcommittee Over the years, Mr. Small has done many chairman, the gentleman from Ohio of Representatives, as Secretary of State, things, great and small, to improve his com- and as the Nation’s fourth President, are an (Mr. LATOURETTE), in the consideration munity and to enhance the lives of his neigh- inspiration to all men, women, and children of H.R. 4315, a bill to designate a facil- bors. For example, he brought paramedics to in the conduct of their personal and private ity of the U.S. Postal Service after the city’s safety forces and vigorously sup- lives; and Larry Small. ported the police and fire departments. He is Whereas the ideals and inspiring example H.R. 4315 was introduced by the gen- of James Madison are of utmost importance also responsible for enacting a city ordinance tleman from Ohio (Mr. LATOURETTE) on to the future of the American Nation as it making gun owners responsible for the safe April 13, 2000, and originally cospon- enters a new millennium: Now, therefore, be and secure handling and storage of their fire- sored by the gentlewoman from Ohio it arms. He also created Beachwood’s Human Resolved by the House of Representatives (the (Mrs. JONES). I am pleased to note that H.R. 4315 Services Department, a department that re- Senate concurring), That the Congress— sponds to residents’ needs, particularly the el- (1) recognizes the historical significance of enjoys the support and cosponsorship James Madison’s birth, as well as his con- of the entire Ohio congressional dele- derly. Retirement from City Council doesn’t mean tributions to the Nation during his lifetime; gation. that Larry Small has retired from his commit- (2) urges all American patriotic and civil Mr. Small, a young man of 82 years, associations, labor organizations, schools, has been recognized for his untiring ef- ment to his community. In fact, he continues universities, historical societies, and com- forts to serve his community of at full pace to brighten the lives of others. Mr. munities of learning and worship, together Beachwood, Ohio. He recently retired Small still gets up at 5:30 a.m. and heads to with citizens throughout the United States, after serving 32 years as a member of his day job as a seniors affairs specialist for to develop appropriate programs and edu- cational activities to recognize and celebrate the Beachwood City Council. the county. When we look back on these times, it won’t the life and achievements of James Madison; Anybody who would serve 32 years on and a city council deserves all of the rec- be the great names and famous faces that we most remember, but those quiet, humble, yet (3) requests that the President issue a ognition and honor that they can get proclamation recognizing the 250th anniver- any time no matter which city they so effective public servants like Larry Small sary of the birth of James Madison and call- are from but certainly, from who will stand out in our hearts and memo- ing upon the people of the United States to Beachwood. He is indeed deserving of ries. We all owe a debt of gratitude to Larry observe the life and legacy of James Madison the honor. Currently he serves as a sen- Small and those like him who walk humbly with appropriate ceremonies and activities. ior affairs specialist for the county. and serve others. For this reason, I am so The SPEAKER pro tempore (Mr. As an active member of the city pleased that we can thank Mr. Small for all he Pease). Pursuant to the rule, the gen- council, Mr. Small was responsible for has done for us by naming the post office in tleman from Ohio (Mr. LATOURETTE) establishing a paramedic unit, creating his beloved city of Beachwood after him. and the gentleman from Maryland (Mr. a human resources department, and for So it gives me great pleasure to have a CUMMINGS) each will control 20 min- ensuring the enactment of a city ordi- chance to support this piece of legislation. I utes. nance making gun owners responsible stand wholeheartedly in support of this bill and The Chair recognizes the gentleman for the safe and secure handling of congratulate my colleagues in moving to pass- from Ohio (Mr. LATOURETTE). their firearms. And for that he should ing this legislation to rename the post office in GENERAL LEAVE not just be honored, he should receive Beachwood, Ohio after our great friend, Larry Mr. LATOURETTE. Mr. Speaker, I a badge of merit. Small. ask unanimous consent that all Mem- Mr. Speaker, the gentleman from Mr. LATOURETTE. Mr. Speaker, I bers may have 5 legislative days within Ohio (Mr. LATOURETTE) and the gentle- yield back the balance of my time. which to revise and extend their re- The SPEAKER pro tempore. The woman from Ohio (Mrs. JONES) are to marks on H. Con. Res. 396. be commended for seeking to honor question is on the motion offered by The SPEAKER pro tempore. Is there such an individual, a man of wisdom the gentleman from Ohio (Mr. objection to the request of the gen- whose commitment and vision are an LATOURETTE) that the House suspend tleman from Ohio? inspiration to all of those who have the rules and pass the bill, H.R. 4315. There was no objection. known him. And so, accordingly, I The question was taken; and (two- Mr. LATOURETTE. Mr. Speaker, I would urge the swift consideration of thirds having voted in favor thereof) yield myself such time as I may con- this bill. the rules were suspended and the bill sume. Mr. Speaker, I commend the gen- was passed. I am pleased today to rise in support A motion to reconsider was laid on tleman from Ohio (Mr. LATOURETTE) on of H. Con. Res. 396, which celebrates the selection of an outstanding indi- the table. the 250th anniversary of James Madi- vidual to be honored. f son’s birth and his contributions to Mr. Speaker, seeing that I have no b 1415 this great Nation. further requests for time, I yield back This resolution recognizes the histor- the balance of my time. CELEBRATING THE BIRTH OF ical significance of Madison’s birth and Mr. LATOURETTE. Mr. Speaker, I JAMES MADISON his many contributions to the United yield myself such time as I may con- Mr. LATOURETTE. Mr. Speaker, I States during his lifetime. It also en- sume. move to suspend the rules and agree to courages American patriotic and civic

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8556 CONGRESSIONAL RECORD — HOUSE October 2, 2000 associations, historical societies, That is why I urge all Members to As I reflect on this serious dichot- schools, universities, and other organi- support this resolution. omy, I am mindful of a quote from zations to develop appropriate pro- Mr. Speaker, I reserve the balance of Madison’s 1810 State of the Union ad- grams and educational activities to my time. dress that is applicable to our modern recognize and celebrate the life of this Mr. CUMMINGS. Mr. Speaker, I yield society. remarkable man. myself such time as I may consume. He stated that ‘‘American citizens Finally, Mr. Speaker, the resolution I first of all want to thank the gen- are instrumental in carrying on a traf- asks that the President issue an appro- tleman from Virginia (Mr. BLILEY) for fic in enslaved Africans, equally in vio- priate resolution to recognize the im- this resolution. I want to thank the lation of the laws of humanity and in portance of his birth and call upon the gentleman from Ohio (Mr. defiance of those of their own country. people of the United States to observe LATOURETTE), and I want to associate The same just and benevolent motives Madison’s life and legacy with appro- myself with his words that were just which produced interdiction in force priate ceremonies and activities. spoken. against this criminal conduct will Mr. Speaker, it is impossible to do Mr. Speaker, James Madison, a doubtless be felt by Congress in devis- justice to James Madison’s achieve- young aristocrat who began his public ing further means of suppressing the ments and the importance of his life career in public service at age 23, would evil.’’ and thought to America in the brief become indelibly linked to three great It is my hope that 190 years later, time allotted to us today. His was works of American democracy: the this Congress heeds these words and truly one of the most consequential Constitution, the Federalist Papers, makes a strong commitment to sup- lives in American history. His biog- and the Bill of Rights. pressing the evil of racism and preju- raphy is also a history of the founding In 1776, Madison was a member of the dice against minorities that exists of this great Nation. Virginia constitutional committee, a today. Let me today simply attempt to body that drafted Virginia’s first con- As this Congress labors through this sketch some aspects of his life. Madi- stitution and a bill of rights which week to complete its work on the many son was born in 1751 and was raised in later would become a model for the Bill pending appropriations bills, I urge my Orange County, Virginia. He attended of Rights appended to the United colleagues to keep one of Madison’s what is now Princeton University; and States Constitution. When Madison messages on public leadership in mind. he became well read in history, govern- was elected to the United States House Mr. Speaker, he said, ‘‘The aim of ment, and the law. He participated in of Representatives, he became the pri- every political constitution is, or the framing of the Virginia constitu- mary author of the first 12 proposed ought to be, first to obtain for rulers tion in 1776, served in the Continental amendments to the Constitution. Ten men and women who possess most wis- Congress, and was an important figure of these, the Bill of Rights, were adopt- dom to discern, and most virtue to pur- in the Virginia Assembly. He was also, ed. of course, Thomas Jefferson’s Sec- sue, the common good of the society.’’ At the Constitutional Convention, I believe that all of us who are elect- retary of State and the fourth Presi- which opened on May 25, 1787, Madison ed, Mr. Speaker, to serve in the Con- dent of the United States. set the tone by introducing a document Madison’s greatest contribution, gress come to serve the common good he authored called ‘‘The Virginia however, may have been his role in and hope that when we conclude this Plan.’’ The plan called for a strong cen- framing the Constitution of the United session it is reflected in the work we tral government consisting of a su- States. As a delegate to the Constitu- have done. preme legislature, executive and judici- tional Convention at Philadelphia, Mr. Speaker, I urge my colleagues to ary. It provided for a national legisla- Madison was a leading participant in vote in favor of this very important ture consisting of two houses, one the debates of that body. Along with and significant resolution. John Jay and Alexander Hamilton, elected by the people and the other ap- Mr. Speaker, I reserve the balance of Madison also contributed to securing pointed by the first from a body of my time. the ratification of the Constitution by nominees submitted by State legisla- Mr. LATOURETTE. Mr. Speaker, it is authoring parts of the Federalist Pa- tures. Representation in these bodies my pleasure to yield such time as he pers. Not only were the Federalist Pa- would be based on the population of the may consume to the gentleman from pers important in persuading his con- States. It provided for an executive to Virginia (Mr. BLILEY), the author of temporaries to ratify the Constitution, be elected by this national legislature. the resolution and the distinguished they are consulted to this day by The plan also defined a national judici- chairman of the Committee on Com- judges, lawyers, political scientists and ary and a council of revision charged merce. others who seek an understanding of with reviewing the constitutionality of Mr. BLILEY. I thank the gentleman the framers’ intent. legislation. for yielding me this time. Madison’s ‘‘Notes on the Constitu- As the driving force in the formation Mr. Speaker, as the proud holder of tional Convention’’ are also our pri- of the Constitution, James Madison or- the congressional seat first held by mary source of information on the de- ganized the convention, set the agenda, James Madison, I introduce House Con- bates at the Constitutional Conven- and worked through many obstacles current Resolution 396 in order to cele- tion. As a Member of Congress, Madi- that threatened the process. The notes brate the 250th anniversary of his son was instrumental in framing the he took throughout the convention birth. I am hopeful that passage of this Bill of Rights. Madison’s contributions constitute this country’s best and most resolution will encourage our schools, to the drafting and ratification of the complete record of the 1787 Constitu- museums, historical societies, and citi- Constitution were so great, Mr. Speak- tional Convention. Madison’s notes, zens to rediscover the important role er, that he is often referred to as ‘‘the which comprise a third of the Fed- James Madison played in founding this father of the Constitution.’’ eralist Papers, were published in the Nation. Mr. Speaker, there is much more to 1830s. While the actual anniversary is not say about James Madison and his con- As we honor James Madison today, until March 16, 2001, quick passage of tinuing importance to all Americans, we remember his role in the great de- this resolution will give these inter- much more than can be covered here bate on slavery. He openly acknowl- ested groups the time to plan events, today. I encourage all Americans to edged that slavery was a great evil, exhibitions, and lessons in his honor. learn about this man whose ideals and was a member of an antislavery soci- We can use this anniversary to high- principles are, as the resolution recog- ety, and even authored a plan for the light Madison’s tireless service on be- nizes, ‘‘the foundations of American emancipation of slaves. Nevertheless, half of the Commonwealth of Virginia government and life.’’ As the resolu- history documents that he continued and this country. tion states, the ‘‘ideals and inspiring to regard and hold slaves as property While many remember James Madi- example of James Madison are of ut- until his death. In fact, he himself said son as our Nation’s fourth President, most importance to the future of the that slaves remain such in spite of the he also served as a member of the Vir- American Nation as it enters a new declarations that all men are born ginia House of Delegates, as a delegate millennium.’’ equally free. to the Continental Congress during the

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8557 American Revolution, as a delegate to Virginia (Mr. BLILEY) for not only in- versity of Wyoming where he would the Constitutional Convention in 1787, troducing this resolution but also later serve on the university’s board of as a leader in the House of Representa- pushing so hard to make sure that it trustees for over 2 decades. Shortly tives, and as Secretary of State. For was brought to the floor today. I also after graduating, he became a member his many years in public service, we want to thank the gentleman from of his local school board and began his are a grateful Nation. The anniversary Florida (Mr. SCARBOROUGH), who is the lengthy and distinguished career as a also affords us the opportunity to fully chairman of the Subcommittee on Civil public servant. appreciate Madison’s role as one of the Service of the Committee on Govern- In 1963, he was elected governor of Founding Fathers. ment Reform, and the gentleman from Wyoming and after completing his The United States has become a Maryland (Mr. CUMMINGS), who is the term was elected to serve Wyoming in thriving, powerful Nation largely be- ranking member. Also thanks go out to the United States Senate. During his cause of the sound principles estab- the gentleman from Indiana (Mr. BUR- two terms as Senator, he was a cru- lished by our Founding Fathers in the TON) and the gentleman from Cali- sader for the interests of the citizens of Constitution. These principles have en- fornia (Mr. WAXMAN), the chairman and Wyoming and a guardian of private dured despite the passage of many ranking member, for their support as land ownership. years and having guided this Nation well. b 1430 through challenging times. Mr. Speaker, this is a good resolu- As Members of this deliberative body, tion. I urge the House to support it. Upon completing his second term, we have from time to time disagreed on Mr. Speaker, I yield back the balance Senator Hansen remained in his native the details of various legislative pro- of my time. State, continuing to serve the people of posals. However, we remain steadfast The SPEAKER pro tempore. The Wyoming in various capacities. The in our support for the fundamental question is on the motion offered by naming of this courthouse is a fitting principles which serve as the founda- the gentleman from Ohio (Mr. tribute to a highly respected public tion of our government. LATOURETTE) that the House suspend servant. I urge my colleagues to sup- James Madison, commonly referred the rules and agree to the concurrent port the bill. to as the Father of the Constitution, resolution, House Concurrent Resolu- Mr. Speaker, I reserve the balance of ensured the inclusion of these prin- tion 396. my time. ciples in the Constitution and therefore The question was taken; and (two- Ms. NORTON. Mr. Speaker, I yield deserves due credit. I would also like to thirds having voted in favor thereof) myself such time as I may consume. point out that we hear a lot of talk the rules were suspended and the con- Mr. Speaker, S. 1794 is a bill to des- these days and have in the past few current resolution was agreed to. ignate the Federal Courthouse in Jack- years about term limits. That matter A motion to reconsider was laid on son, Wyoming, after one of Wyoming’s was on the floor of the Constitutional the table. most illustrious native sons, Clifford Hansen. Cliff Hansen was the Senator Convention in 1787. Mr. Madison said, f and I think quite rightly, the answer is from Wyoming from 1967 until 1978. CLIFFORD P. HANSEN FEDERAL not term limits; the answer is frequent Prior to coming to the Senate, he COURTHOUSE elections so that the public can choose served as the State’s Governor from between experience and somebody new. Mr. LATOURETTE. Mr. Speaker, I 1963 to 1966. His public career spans The contributions he made during his move to suspend the rules and pass the four decades of service to the citizens lifetime of public service are his endur- Senate bill (S. 1794) to designate the of Wyoming. ing legacy and should be commemo- Federal courthouse at 145 East Simp- Beginning in the mid-1940s, Cliff Han- rated. I thank the gentleman from son Avenue in Jackson, Wyoming, as sen worked to preserve the State’s role Maryland for his kind words. the ‘‘Clifford P. Hansen Federal Court- in determining grazing issues, as well Mr. CUMMINGS. Mr. Speaker, I yield house’’. as tax issues associated with the cre- myself such time as I may consume. The Clerk read as follows: ation of public lands. He was an advo- Mr. Speaker, I want to first associate S. 1794 cate of mine safety and became a lead- myself with the distinguished gen- Be it enacted by the Senate and House of Rep- er in determining the national energy tleman from Virginia’s comments. I resentatives of the United States of America in policy. just want to quote a letter to W.T. Congress assembled, Senator Hansen was vigilant in pro- Barry from President Madison dated SECTION 1. DESIGNATION OF CLIFFORD P. HAN- tecting Wyoming’s fair share of royal- August 4, 1822. It is one of my favorite SEN FEDERAL COURTHOUSE. ties from oil and gas exploration. Dur- quotes, Mr. Speaker, and I will end The Federal courthouse at 145 East Simp- ing his tenure in the Senate he worked with this. He said: son Avenue in Jackson, Wyoming, shall be with Senator Ribicoff to redefine the known and designated as the ‘‘Clifford P. Tax Code to provide for equitable ‘‘A popular government, without pop- Hansen Federal Courthouse’’. ular information, or the means of ac- treatment of estate taxes for family- SEC. 2. REFERENCES. quiring it, is but a prologue to a farce Any reference in a law, map, regulation, owned businesses. or a tragedy, or perhaps both. Knowl- document, paper, or other record of the It is fitting and proper to honor the edge will forever govern ignorance and United States to the Federal courthouse re- former Governor and Senator, Cliff a people who mean to be their own gov- ferred to in section 1 shall be deemed to be Hansen, by designating the Federal ernors must arm themselves with the a reference to the Clifford P. Hansen Federal Courthouse in Jackson, Wyoming, in power which knowledge gives.’’ Courthouse. his honor, and I am pleased to join in He goes on to say, ‘‘Learned institu- The SPEAKER pro tempore. Pursu- doing so. tions ought to be favorite objects with ant to the rule, the gentleman from Mr. Speaker, I reserve the balance of every free people. They throw that Ohio (Mr. LATOURETTE) and the gentle- my time. light over the public mind which is the woman from the District of Columbia Mr. LATOURETTE. Mr. Speaker, it is best security against crafty and dan- (Ms. NORTON) each will control 20 min- my pleasure to yield such time as she gerous encroachments on the public utes. may consume to the gentlewoman from liberty.’’ The Chair recognizes the gentleman Wyoming (Mrs. CUBIN). Mr. Speaker, I again thank every- from Ohio (Mr. LATOURETTE). Mrs. CUBIN. Mr. Speaker, I rise body who had anything to do with Mr. LATOURETTE. Mr. Speaker, I today to honor one of Wyoming’s most bringing this resolution to this floor yield myself such time as I may con- prized possessions and most precious today. I urge all of my colleagues to sume. assets, former United States Senator vote in favor of it. Mr. Speaker, S. 1794 designates the and Wyoming Governor Clifford P. Mr. Speaker, I yield back the balance Federal courthouse in Jackson, Wyo- Hansen. of my time. ming, as the Clifford P. Hansen Federal Today I join my colleagues and the Mr. LATOURETTE. Mr. Speaker, I Courthouse. people of Wyoming to honor Cliff Han- yield myself the balance of my time. I Senator Hansen was born in Zenith, sen by designating the Jackson, Wyo- want to commend the gentleman from Wyoming, in 1912. He attended the Uni- ming, Federal Courthouse in his name.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8558 CONGRESSIONAL RECORD — HOUSE October 2, 2000 Senator Hansen is a true Wyoming The question was taken; and (two- and Drug Act, the Meat Inspection Act statesman. He has helped make our thirds having voted in favor thereof) and the Hepburn Act, which empowered State special and our people proud of the rules were suspended and the Sen- the government to set railroad rates. him and of our own heritage and who ate bill was passed. During Roosevelt’s Presidency the gov- we are. A motion to reconsider was laid on ernment initiated 30 major irrigation Senator Hansen and his wife, Martha, the table. projects, added 125 million acres to the recently celebrated their 65th wedding f national forest reserves, and doubled anniversary. With their children, their the number of national parks. THEODORE ROOSEVELT UNITED grandchildren, and even great grand- Upon leaving office, President Roo- STATES COURTHOUSE children, the Hansen family is a color- sevelt settled in Oyster Bay in Nassau ful thread in the fabric that makes Mr. LATOURETTE. Mr. Speaker, I County, New York, and engaged in lit- Jackson Hole, Wyoming, and the sur- move to suspend the rules and pass the erary pursuits. He passed away in 1919. rounding areas and Wyoming itself bill (H.R. 5267) to designate the United This designation is a fitting tribute unique. States courthouse located at 100 Fed- to the 26th President of the United Cliff Hansen lives in Jackson Hole at eral Plaza in Central Islip, New York, States. President Roosevelt was a the foot of the famed Tetons. His as the ‘‘Theodore Roosevelt United Nobel Peace Prize recipient and well achievements as both a United States States Courthouse.’’ regarded for his conservation efforts. Senator and a person are as majestic as The Clerk read as follows: I support this measure and urge my those towering peaks. Our goal as fel- H.R. 5267 colleagues to do the same. low public servants should be to aspire Be it enacted by the Senate and House of Rep- Mr. Speaker, I reserve the balance of to climb to the same personal heights resentatives of the United States of America in my time. that Senator Hansen achieved. Congress assembled, Ms. NORTON. Mr. Speaker, I yield Senator Hansen has been a respected SECTION 1. DESIGNATION. myself such time as I may consume. figure of public service in Wyoming The United States courthouse located at Mr. Speaker, I strongly support H.R. and the American landscape for more 100 Federal Plaza in Central Islip, New York, 5267, a bill to designate the United shall be known and designated as the ‘‘Theo- States Courthouse in Central Islip, than 40 years. He began at the local dore Roosevelt United States Courthouse’’. New York, in honor of Theodore Roo- school board, was elected a Teton SEC. 2. REFERENCES. County Commissioner, moved on to the Any reference in a law, map, regulation, sevelt, the 26th President of the United State House in Cheyenne as Wyoming’s document, paper, or other record of the States. 26th Governor, and finally came here to United States to the United States court- When Mr. Roosevelt became Presi- Washington as a distinguished Member house referred to in section 1 shall be deemed dent, at not quite the age of 43, he be- of the United States Senate. to be a reference to the ‘‘Theodore Roosevelt came the youngest President in our Senator Hansen was so well regarded United States Courthouse’’. Nation’s history. With his youth and and his leadership so clear that Presi- The SPEAKER pro tempore. Pursu- vigor he brought new excitement and dent Ronald Reagan asked him to be ant to the rule, the gentleman from vision to the Presidency as he led the Secretary of the Interior not once, but Ohio (Mr. LATOURETTE) and the gentle- country and the Congress and the exec- twice. With his experience and his ex- woman from the District of Columbia utive branch toward progressive re- pertise regarding our public lands and (Ms. NORTON) each will control 20 min- forms and a strong foreign policy. the environment, there is no doubt he utes. His civic career began as a 23-year- would have done an excellent job had The Chair recognizes the gentleman old person, when he was elected to the he accepted. from Ohio (Mr. LATOURETTE). New York Assembly. He served also as He is quick to care, astutely under- Mr. LaTOURETTE. Mr. Speaker, I the Police Commissioner for his birth- standing, and finds the best solutions yield myself such time as I may con- place, the City of New York, as Assist- to fit the need placed before him. Next sume. ant Secretary for the U.S. Navy, and as to my own father, Senator Cliff Hansen Mr. Speaker, H.R. 5267 designates the Governor of New York. is the man that I admire most. He and United States Courthouse in Central During the Spanish-American War, his loving wife, Martha, are wise, dear Islip, New York, as the Theodore Roo- he was a lieutenant colonel in the and trusted friends. Senator Cliff Han- sevelt United States Courthouse. Rough Rider Regiment and became one sen’s remarkable accomplishments and Theodore Roosevelt was born in New of the war’s most conspicuous heroes. distinguished record have made for an York City in 1858. He attended Harvard As President, Roosevelt viewed his admirable career. University, where he was elected Phi role as ‘‘steward’’ for the American Wyoming has enjoyed a rich history Beta Kappa and graduated in 1880. At public. He believed he should take any of outstanding leaders and strong indi- the age of 23, he became a Member of necessary action for the public welfare, viduals. These men and women have the New York State Assembly. He unless expressly forbidden by the Con- sought the best for our small towns served in the Assembly until 1884, when stitution or by law. with big expectations. They have exem- President Benjamin Harrison appointed He strongly believed and endorsed a plified what it means to be a commu- him to the United States Civil Service central role for the government, espe- nity leader. Commission. cially in arbitrating conflict between Gracing the Federal Courthouse in In 1897, President William McKinley capital and labor. He was a ‘‘trust bust- Jackson Hole, Wyoming, with the great appointed him Assistant Secretary of er’’ par excellence. He ensured the con- name of Clifford P. Hansen, considering the Navy. During the Spanish-Amer- struction of the Panama Canal to that great legacy, is an appropriate ican War he resigned as Assistant Sec- strengthen America’s strategic posi- symbol for what he and Wyoming stand retary and organized the First Regi- tion. for. ment, United States Volunteer Cav- He was a leader in conservation, and I ask my colleagues for their support alry, known as Roosevelt’s Rough Rid- many of his accomplishments are with of this legislation. ers. In 1899, he was elected Governor of us today, for example, the Grand Can- Ms. NORTON. Mr. Speaker, I have no New York and served for 1 year before yon, Muirs Woods and Devils Tower. further requests for time, and I yield being elected Vice President of the We are thankful to him for establishing back the balance of my time. United States on the Republican ticket the Park Service and the National Mr. LATOURETTE. Mr. Speaker, I headed by President McKinley. Park System. He was a champion of re- have no further requests for time, and In September 1901, President McKin- serving open land for public use, and I yield back the balance of my time. ley was shot and died 3 days later in fostered irrigation projects as well as The SPEAKER pro tempore (Mr. Buffalo, New York. On September 14, preserving land for game and bird sanc- PEASE). The question is on the motion 1901, President Roosevelt took the oath tuaries. He received the Nobel Peace offered by the gentleman from Ohio of office and became President of the Prize for negotiating peace in the (Mr. LATOURETTE) that the House sus- United States at the tender age of 42. Russo-Japanese War. An inspiring pend the rules and pass the Senate bill, President Roosevelt championed re- speaker, he advocated a strenuous out- S. 1794. form legislation such as the Pure Food door life.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8559 Roosevelt holds a revered place in in the House of Delegates, Congress- reside within the Commonwealth of American history, and this designation man PICKETT served on numerous Virginia. The fact that the Custom- is a fitting honor to the extraordinary boards and committees within the local house continues to serve its role in life of this great President. community. Hampton Roads is a perfect example of Mr. Speaker, I have no further re- After 14 years in the House of Dele- that, because while this building is quests for time, and I yield back the gates, Congressman PICKETT was elect- physically located in the Third Con- balance of my time. ed to the United States House of Rep- gressional District, which I represent, Mr. LATOURETTE. Mr. Speaker, I resentatives in 1986. Representing Vir- OWEN interceded in the effort to pre- have no further requests for time, and ginia’s Second District, which consists serve this 141 year old structure, which I yield back the balance of my time. of the Nation’s largest military com- has been symbolic of the history of The SPEAKER pro tempore. The plex of facilities serving commands of Norfolk and all of Hampton Roads. question is on the motion offered by the Navy, Army, Coast Guard and the The American flag was first raised the gentleman from Ohio (Mr. NATO Atlantic Command, Congress- over this building during the Civil War, LATOURETTE) that the House suspend man PICKETT has been an ardent sup- and it has seen numerous renovations the rules and pass the bill, H.R. 5267. porter of our Nation’s military. Ac- in its history. The question was taken; and (two- cordingly, he sits on the Committee on Norfolk was one of the first ports in thirds having voted in favor thereof) Armed Services and is the ranking the Nation to have a customs office, the rules were suspended and the bill member of the Subcommittee on Mili- and the Customhouse in Norfolk re- was passed. tary Research and Development. mains the first Federal building con- A motion to reconsider was laid on Congressman PICKETT is also a mem- structed in Virginia for business oper- the table. ber of the Congressional Study Group ations. It has been designated as one of f on Germany, as well as the Congres- the 12 most outstanding buildings con- sional Study Groups on Japan and the structed in Virginia since the Revolu- OWEN B. PICKETT UNITED STATES Duma-Congress. He participated in the tionary War, and it is listed on the Na- CUSTOMHOUSE first Congress-Bundestag-Japanese tional Register of Historic Places. Mr. LATOURETTE. Mr. Speaker, I Diet Trilateral seminar. Notwithstanding that history, when move to suspend the rules and pass the OWEN PICKETT is retiring from his the new Federal Building in Norfolk bill (H.R. 5284) to designate the United lengthy and productive career in this was completed, employees of the Cus- States customhouse located at 101 East body at the conclusion of this 106th toms Service were moved out of the Main Street in Norfolk, Virginia, as Congress. While we will be losing a val- Customhouse and it was contemplated the ‘‘Owen B. Pickett United States uable Member, this legislation is a fit- that the building would be turned into Customhouse’’. ting gesture of our appreciation of his a restaurant or museum. But OWEN The Clerk read as follows: fine service. PICKETT demonstrated the leadership H.R. 5284 I urge my colleagues to support the that makes things happen. He brought Be it enacted by the Senate and House of Rep- bill. together the interested parties within resentatives of the United States of America in Mr. Speaker, I reserve the balance of the City of Norfolk, the General Serv- Congress assembled, my time. ices Administration and the U.S. Cus- SECTION 1. DESIGNATION. Ms. NORTON. Mr. Speaker, I yield toms Service and secured the necessary The United States customhouse located at myself such time as I may consume. funding for the renovation. On Sep- 101 East Main Street in Norfolk, Virginia, Mr. Speaker, I support H.R. 5284 as a tember 19 of this year, I was proud to shall be known and designated as the ‘‘Owen fitting tribute to OWEN PICKETT. His participate, along with OWEN, in a cere- B. Pickett United States Customhouse’’. service to the citizens not only of the mony to reopen the newly refurbished SEC. 2. REFERENCES. second district of Virginia, but also to Any reference in a law, map, regulation, Customhouse in Norfolk. document, paper, or other record of the the citizens of this Nation, is exem- Mr. Speaker, this is but one example United States to the United States custom- plary. We owe a debt of gratitude to of OWEN’s record of public service. For house referred to in section 1 shall be deemed Congressman PICKETT for his diligence nearly 29 years, he has worked tire- to be a reference to the ‘‘Owen B. Pickett in pursuing military matters in par- lessly for the residents of his district United States Customhouse’’. ticular. and the Nation. He served 15 years in SEC. 3. EFFECTIVE DATE. Since he was first elected to Congress the Virginia General Assembly, and al- This Act shall take effect on January 3, in 1986, OWEN PICKETT has devoted him- most 14 years now he has represented 2001. self to ensuring that the United States the Second Congressional District of The SPEAKER pro tempore. Pursu- military is technologically ready and Virginia in the House of Representa- ant to the rule, the gentleman from superior to any other military force. tives. Ohio (Mr. LATOURETTE) and the gentle- He supported veterans programs, and a Prior to our service in Congress, woman from the District of Columbia strong U.S. flag merchant fleet. OWEN PICKETT and I both served in the (Ms. NORTON) each will control 20 min- In addition to being a dedicated pub- Virginia House of Delegates, where he utes. lic servant, OWEN PICKETT is a lawyer was known as a conscientious and dedi- The Chair recognizes the gentleman and a certified public accountant. He is cated public servant. This reputation from Ohio (Mr. LATOURETTE). a devoted husband, father and grand- has continued with his service in Con- Mr. LATOURETTE. Mr. Speaker, I father to seven grandchildren. Mr. gress. yield myself such time as I may con- PICKETT is known as tenacious, but Representative PICKETT serves on the sume. also as a gentleman, a willing listener Committee on Armed Services. He is Mr. Speaker, H.R. 5284 designates the and a consensus builder. the ranking member on the Sub- United States customhouse, in Norfolk, Mr. Speaker, this bill has broad bi- committee on Military Research and Virginia, as the Owen B. Pickett partisan support, and every member of Development, and he serves on the United States Customhouse. the Virginia delegation supports the Subcommittee on Readiness. Through- Congressman PICKETT was born in bill. It is a most fitting to honor Mr. out his career he has been a staunch Richmond, Virginia, and attended pub- PICKETT with this designation. advocate of our military and has cham- lic schools. He is a graduate of Virginia Mr. SCOTT. Mr. Speaker, it is my pioned the quality of life issues affect- Tech and the University of Richmond pleasure to speak in support of the bill ing military families. The Hampton School of Law. In addition to being ad- H.R. 5284, to name the U.S. Custom- Roads community has a significant mitted to the Virginia and District of house in Norfolk, Virginia, after our military presence, including Oceana Columbia bar, he is also a certified colleague, OWEN PICKETT, who will be Naval Air Station and the Norfolk public accountant. retiring at the end of this session. Naval Base, and I know our military Congressman PICKETT began his dis- Mr. Speaker, the Members of the Vir- community will miss OWEN and his tinguished career in public service in ginia Congressional Delegation pride steadfast advocacy on their behalf. 1972, when he was elected to the Vir- ourselves on our ability to work to- In addition to ensuring that our ginia House of Delegates. While he was gether for the common good of all who country is prepared to overcome any

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threats to our national security, OWEN building. He is a generous host for me when In the House, Mr. PICKETT showed his polit- has been on the front line of protecting I seek a change of scenery and we visit in his ical acumen by getting a new seat created for our Nation’s environment. As a mem- office until we get interrupted. him on the National Security Committee and ber of the Committee on Resources, he Designating a customhouse for OWEN PICK- getting a seat on the old Merchant Marine has fought hard to remind his col- ETT is a fitting tribute for a man who under- Committee as well—two crucial spots for any leagues in Congress of the importance stands the importance of international trade to Norfolk congressman. Much of Mr. PICKETT’s of a balanced approach to the protec- the economic development and well-being of work has been in supporting Hampton Roads tion of our natural resources and the his Tidewater constituents in Virginia. military bases and defense contractors, and environment. If there is one thing that I would want to revitalizing the shipbuilding industry and mer- As we head into the final weeks of make sure everyone knows about OWEN, it is chant marine. That work has been successful. this legislative session, Congressman this: he is a tireless advocate for the constitu- Newport News Shipbuilding and Drydock has PICKETT will no doubt continue to dem- ents in his congressional district and for the been building three Nimitz-class aircraft car- onstrate his leadership in the House. men and women who serve the United States riers in the 1990s, and has effectively ensured By passing the bill, H.R. 5284, the Owen in our military’s uniform. that there is no industry monopoly on building B. Pickett U.S. Customhouse will serve Mr. Speaker, I commend the House for con- nuclear submarines. The Norfolk Navy Ship- as a lasting reminder of his leadership sidering this legislation, and I urge its pas- yard under Mr. PICKETT’s guidance has sur- and his dedication to the Second Dis- sage. vived four rounds of base-closings and calls trict of Virginia and to our Nation. Mr. DAVIS of Virginia. Mr. Speaker, it is my for privatization. privilege to rise today to honor our colleague, b 2000 Mr. Speaker, I join with my fellow Virginian OWEN PICKETT of Virginia’s 2nd Congressional colleagues in thanking Congressman OWEN Mr. WELDON of Pennsylvania. Will District. After 29 years of serving the citizens PICKETT for his service to the Commonwealth the gentleman yield? of Virginia Beach and Norfolk, as well as the and to our nation. Mr. SCOTT. I yield to the gentleman entire Commonwealth of Virginia, Mr. PICKETT Mr. BLILEY. Mr. Speaker, I rise today in from Pennsylvania. has decided to retire from the United States support of this legislation naming a U.S. cus- Mr. WELDON of Pennsylvania. I House of Representatives. tomhouse in Norfolk in honor of my good thank my friend for yielding to me. My colleague, Mr. PICKETT, is a member of friend and colleague OWEN PICKETT. Mr. Speaker, I want to add to the the Armed Services Committee and is the During his 14 years in Congress, OWEN has gentleman’s comments. I could not ranking member of the Subcommittee on Mili- been an outspoken advocate of a strong mili- agree more with everything that the tary Research and Development and serves tary and his commitment to military personnel gentleman from Virginia said. I have on the Readiness Subcommittee and the and their families will leave a lasting mark on had the pleasure of serving as the MWR Panel. The 2nd Congressional District is this nation for years to come. chairman of the Subcommittee on heavily dependent on the massive concentra- His expertise on these matters will always Military Research and Development tion of naval installations, shipbuilders and be remembered by a grateful nation. and the gentleman from Virginia (Mr. shipping firms in the Hampton Roads harbor Along with his commitment to military readi- PICKETT) is the ranking member. There area, which ranks first in export tonnage ness, OWEN has been an avid proponent for is probably no finer gentleman in this among the nation’s Atlantic ports. veterans, better public schools and a balanced Congress in either party someone who The United States Navy Atlantic Fleet federal budget. is dedicated, hard-working, conscien- berthed in its home port of Norfolk is one of He has been a tireless advocate in sup- tious and someone who I have the high- the greatest awe-inspiring sights in America, porting Hampton Roads military bases and re- est respect for. or anywhere. The aggregation of destructive vitalizing the shipbuilding industry and mer- Mr. Speaker, I just wanted to add my power in the line of towering gray ships is chant marine. comments to that of the gentleman probably greater than that of any single port in Upon his retirement, this nation and this from Virginia (Mr. SCOTT) and will as- history. Over 100 ships are based here, with Congress will lose a conscientious and very sociate everything that he said about some 100,000 sailors and Marines, some $2 able legislator. the gentleman from Virginia (Mr. PICK- billion in annual spending. For these reasons, I would like to thank Mr. SCOTT for intro- ETT), applaud him for his positive note Congressman PICKETT has been an outspoken ducing this fitting tribute to a true gentleman of the leadership of the gentleman advocate for a strong, technologically superior and friend. from Virginia (Mr. PICKETT), and hope military and has been tenacious in supporting I wish OWEN all the best in his retirement. that our colleagues on both sides of the military bases in his district. Mr. PICKETT, to- Mr. MORAN of Virginia. Mr. Speaker, I rise aisle will join in supporting the legisla- gether with Senator JOHN WARNER and the in strong support of H.R. 5284, which would tion the gentleman referred to. late Congressman Herbert H. Bateman, have name the United States Customhouse in Nor- Mr. ORTIZ. Mr. Speaker, I rise in support of provided tremendous leadership on behalf of folk, Virginia, after our retiring colleague and H.R. 5284, designating the Owen B. Pickett Virginia. Other issues on which he has taken friend, OWEN PICKETT. I want to commend Mr. U.S. Customhouse. a strong position are the U.S.-flag merchant SCOTT for introducing this bill and working with I want to commend the House for consid- fleet, private property rights, public education, both sides to bring it to the floor today. ering this legislation today because our col- veterans programs and a balanced Federal Let me just say at the outset how appro- league who is retiring shortly is indeed worthy budget. priate it is that this particular federal building of such an honor. I have worked with OWEN Mr. PICKETT was born in Hanover County, should bear the name of OWEN PICKETT. As for the entire time I have served in the U.S. Virginia, outside Richmond on August 31, the other speakers have said, OWEN was ex- House of Representatives and he is a man 1930 and was the youngest of three children. tremely instrumental in securing the needed who epitomizes the sort of public servant He attended the public school system and is funding for the renovation of the Custom- whose service is dedicated to his community. a graduate of Virginia Tech and the University house. I have traveled all over the world with OWEN of Richmond School of Law. He was first He worked hard, as he always does, to in the pursuit of understanding the evolving elected to the United States Congress in bring together the General Services Adminis- needs of our uniformed military service mem- 1986. With old Virginia roots, he was elected tration (GSA), the Customs Service and other bers. You learn much about your colleagues to the Virginia House of Delegates in 1971, at interested parties to work out the details of when you travel together. the age of 41, where he was known as a fiscal this project. It is in large part because of his In Washington, OWEN is a hard-working conservative and for his hard work restruc- hard work that the renovation of this historic member of the House Armed Services Com- turing the state retirement system. building was completed earlier this year. mittee and the Resources Committee. When By the time Mr. PICKETT won the Congres- OWEN’s work on the project constitutes a vic- you see him on the House floor, you might sional seat vacated by retiring Republican G. tory for historic preservation in Virginia. never know that this easy-going guy is wild at William Whitehurst in 1986, Mr. PICKETT had Beyond this particular project, I want to say heart. He is a Harley-rider. He is also a surfer. already served as chairman of the state what an honor it has been to serve with OWEN None of these pastimes seemed even re- Democratic Party, headed a Democratic presi- PICKETT during the past ten years. Mr. PICKETT motely consistent with the things I knew about dential campaign in Virginia and served long is a true gentleman. Throughout his service, OWEN from our work together in the House. enough in the state House of Delegates to be OWEN has worked tirelessly and effectively not Also, for the last Congress, OWEN has been a senior member of the Appropriations Com- only for people not only in southern Virginia, my across-the-hall neighbor in the Rayburn mittee. but for our entire Nation. He has championed

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 9920 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8561 the interests of our Nation’s military, and the privacy policies and take all appropriate (1) The monitoring, collection, and dis- men and women who wear the uniform of the steps to protect the personal information of tribution of personal information by Federal, United States. He has been a particularly consumers. State, and local governments, including per- (3) There is a growing concern about the sonal information collected for a decennial strong advocate for the Navy and for our com- confidentiality of medical records, because census, and such personal information as a mercial maritime interests. there are inadequate Federal guidelines and driver’s license number. OWEN is also uncompromising in his insist- a patchwork of confusing State and local (2) Current efforts to address the moni- ence that government be fiscally disciplined, a rules regarding privacy protection for indi- toring, collection, and distribution of per- trait which he probably acquired during his vidually identifiable patient information. sonal information by Federal and State gov- long service in the Virginia House of Dele- (4) In light of recent changes in financial ernments, individuals, or entities, includ- gates. The fact that he is retiring at a time of services laws allowing for increased sharing ing— of information between traditional financial record surpluses is somehow fitting. It cer- (A) existing statutes and regulations relat- institutions and insurance entities, a coordi- ing to the protection of individual privacy, tainly wasn’t that way when he came to the nated and comprehensive review is necessary such as section 552a of title 5, United States House in 1987. regarding the protections of personal data Code (commonly referred to as the Privacy Mr. Speaker, all of us in the House will cer- compiled by the health care, insurance, and Act of 1974) and section 552 of title 5, United tainly miss the service and dedication of OWEN financial services industries. States Code (commonly referred to as the PICKETT. I commend the leadership for bring- (5) The use of Social Security numbers has Freedom of Information Act); ing this bill to the floor in such an expeditious expanded beyond the uses originally in- (B) legislation pending before the Con- manner. tended. gress; (6) Use of the Internet has increased at as- (C) privacy protection efforts undertaken Ms. NORTON. Mr. Speaker, I have no tounding rates, with approximately 5 million further requests for time, and I yield by the Federal Government, State govern- current Internet sites and 64 million regular ments, foreign governments, and inter- back the balance of my time. Internet users each month in the United national governing bodies; Mr. LATOURETTE. Mr. Speaker, I States alone. (D) privacy protection efforts undertaken have no further requests for time, and (7) Financial transactions over the Inter- by the private sector; and I yield back the balance of my time. net have increased at an astounding rate, (E) self-regulatory efforts initiated by the The SPEAKER pro tempore. The with 17 million American households spend- private sector to respond to privacy issues. ing $20 billion shopping on the Internet last (3) The monitoring, collection, and dis- question is on the motion offered by year. the gentleman from Ohio (Mr. tribution of personal information by individ- (8) Use of the Internet as a medium for uals or entities, including access to and use LATourette) that the House suspend commercial activities will continue to grow, of medical records, financial records (includ- the rules and pass the bill, H.R. 5284. and it is estimated that by the end of 2000, 56 ing credit cards, automated teller machine The question was taken; and (two- percent of the companies in the United cards, bank accounts, and Internet trans- thirds having voted in favor thereof) States will sell their products on the Inter- actions), personal information provided to net. the rules were suspended and the bill on-line sites accessible through the Internet, (9) There have been reports of surreptitious Social Security numbers, insurance records, was passed. collection of consumer data by Internet mar- education records, and driver’s license num- A motion to reconsider was laid on keters and questionable distribution of per- bers. the table. sonal information by on-line companies. (4) Employer practices and policies with (10) In 1999, the Federal Trade Commission f respect to the financial and health informa- found that 87 percent of Internet sites pro- tion of employees, including— GENERAL LEAVE vided some form of privacy notice, which (A) whether employers use or disclose em- represented an increase from 15 percent in ployee financial or health information for Mr. LATOURETTE. Mr. Speaker, I 1998. ask unanimous consent that all Mem- (11) The United States is the leading eco- marketing, employment, or insurance under- bers may have 5 legislative days within nomic and social force in the global informa- writing purposes; which to revise and extend their re- tion economy, largely because of a favorable (B) what restrictions employers place on marks and include extraneous material regulatory climate and the free flow of infor- disclosure or use of employee financial or mation. It is important for the United States health information; on S. 1794, H.R. 5267 and H.R. 5284, the (C) employee rights to access, copy, and bills just considered. to continue that leadership. As nations and governing bodies around the world begin to amend their own health records and finan- The SPEAKER pro tempore. Is there establish privacy standards, these standards cial information; objection to the request of the gen- will directly affect the United States. (D) what type of notice employers provide tleman from Ohio? (12) The shift from an industry-focused to employees regarding employer practices There was no objection. economy to an information-focused economy with respect to employee financial and health information; and f calls for a reassessment of the most effective way to balance personal privacy and infor- (E) practices of employer medical depart- b 1445 mation use, keeping in mind the potential ments with respect to disclosing employee for unintended effects on technology devel- health information to administrative or PRIVACY COMMISSION ACT opment, innovation, the marketplace, and other personnel of the employer. (5) The extent to which individuals in the Mr. HORN. Mr. Speaker, I move to privacy needs. (13) This Act shall not be construed to pro- United States can obtain redress for privacy suspend the rules and pass the bill violations. (H.R. 4049) to establish the Commission hibit the enactment of legislation on privacy issues by the Congress during the existence (6) The extent to which older individuals for the Comprehensive Study of Pri- of the Commission. It is the responsibility of and disabled individuals are subject to ex- vacy Protection, as amended. the Congress to act to protect the privacy of ploitation involving the disclosure or use of The Clerk read as follows: individuals, including individuals’ medical their financial information. H.R. 4049 and financial information. Various commit- (b) FIELD HEARINGS.— (1) IN GENERAL.—The Commission shall Be it enacted by the Senate and House of Rep- tees of the Congress are currently reviewing legislation in the area of medical and finan- conduct at least 2 field hearings in each of resentatives of the United States of America in the 5 geographical regions of the United Congress assembled, cial privacy. Further study by the Commis- sion established by this Act should not be States. SECTION 1. SHORT TITLE. considered a prerequisite for further consid- (2) BOUNDARIES.—For purposes of this sub- This Act may be cited as the ‘‘Privacy eration or enactment of financial or medical section, the Commission may determine the Commission Act’’. privacy legislation by the Congress. boundaries of the five geographical regions SEC. 2. FINDINGS. SEC. 3. ESTABLISHMENT. of the United States. The Congress finds the following: There is established a commission to be (c) REPORT.— (1) Americans are increasingly concerned known as the ‘‘Commission for the Com- (1) IN GENERAL.—Not later than 18 months about their civil liberties and the security prehensive Study of Privacy Protection’’ (in after appointment of all members of the and use of their personal information, in- this Act referred to as the ‘‘Commission’’). Commission— cluding medical records, educational records, SEC. 4. DUTIES OF COMMISSION. (A) a majority of the members of the Com- library records, magazine subscription (a) STUDY.—The Commission shall conduct mission shall approve a report; and records, records of purchases of goods and a study of issues relating to protection of in- (B) the Commission shall submit the ap- other payments, and driver’s license num- dividual privacy and the appropriate balance proved report to the Congress and the Presi- bers. to be achieved between protecting individual dent. (2) Commercial entities are increasingly privacy and allowing appropriate uses of in- (2) CONTENTS.—The report shall include a aware that consumers expect them to adopt formation, including the following: detailed statement of findings, conclusions,

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and recommendations, including the fol- (e) VACANCIES.—A vacancy in the Commis- agency shall furnish that information to the lowing: sion shall be filled in the same manner in Commission. (A) Findings on potential threats posed to which the original appointment was made. (2) EXCEPTION FOR NATIONAL SECURITY.—If individual privacy. (f) COMPENSATION; TRAVEL EXPENSES.— the head of that department or agency deter- (B) Analysis of purposes for which sharing Members of the Commission shall serve mines that it is necessary to guard that in- of information is appropriate and beneficial without pay, but shall receive travel ex- formation from disclosure to protect the na- to consumers. penses, including per diem in lieu of subsist- tional security interests of the United (C) Analysis of the effectiveness of existing ence, in accordance with sections 5702 and States, the head shall not furnish that infor- statutes, regulations, private sector self-reg- 5703 of title 5, United States Code. mation to the Commission. ulatory efforts, technology advances, and (g) QUORUM.—A majority of the members of (d) MAILS.—The Commission may use the market forces in protecting individual pri- the Commission shall constitute a quorum, United States mails in the same manner and vacy. but a lesser number may hold hearings. under the same conditions as other depart- (D) Recommendations on whether addi- (h) MEETINGS.— ments and agencies of the United States. tional legislation is necessary, and if so, spe- (1) IN GENERAL.—The Commission shall (e) ADMINISTRATIVE SUPPORT SERVICES.— cific suggestions on proposals to reform or meet at the call of the Chairperson or a ma- Upon the request of the Director, the Admin- augment current laws and regulations relat- jority of its members. istrator of General Services shall provide to the Commission, on a reimbursable basis, the ing to individual privacy. (2) INITIAL MEETING.—Not later than 45 administrative support services necessary (E) Analysis of purposes for which addi- days after the date of the enactment of this for the Commission to carry out this Act. tional regulations may impose undue costs Act, the Commission shall hold its initial (f) GIFTS AND DONATIONS.—The Commission or burdens, or cause unintended con- meeting. may accept, use, and dispose of gifts or dona- sequences in other policy areas, such as secu- SEC. 6. DIRECTOR; STAFF; EXPERTS AND CON- tions of services or property to carry out rity, law enforcement, medical research, or SULTANTS. this Act, but only to the extent or in the critical infrastructure protection. (a) DIRECTOR.— amounts provided in advance in appropria- (F) Cost analysis of legislative or regu- (1) IN GENERAL.—Not later than 30 days tion Acts. latory changes proposed in the report. after the appointment of the Chairperson of (g) CONTRACTS.—The Commission may con- (G) Analysis of the impact of altering ex- the Commission, the Chairperson of the tract with and compensate persons and gov- isting protections for individual privacy on Commission shall appoint a Director without ernment agencies for supplies and services, the overall operation and functionality of regard to the provisions of title 5, United without regard to section 3709 of the Revised the Internet, including the impact on the States Code, governing appointments to the Statutes (41 U.S.C. 5). private sector. competitive service. (h) SUBPOENA POWER.— (H) Recommendations on non-legislative (2) PAY.—The Director shall be paid at the (1) IN GENERAL.—The Commission may solutions to individual privacy concerns, in- rate payable for level III of the Executive issue subpoenas requiring the attendance cluding education, market-based measures, Schedule established under section 5314 of and testimony of witnesses and the produc- industry best practices, and new technology. such title. tion of any evidence relating to any matter (I) Review of the effectiveness and utility (b) STAFF.—The Director may appoint staff that the Commission is empowered to inves- of third-party verification of privacy state- as the Director determines appropriate. tigate by section 4. The attendance of wit- ments, including specifically with respect to (c) APPLICABILITY OF CERTAIN CIVIL SERV- nesses and the production of evidence may be existing private sector self-regulatory ef- ICE LAWS.— required by such subpoena from any place forts. (1) IN GENERAL.—The staff of the Commis- within the United States and at any speci- (d) ADDITIONAL REPORT.—Together with sion shall be appointed without regard to the fied place of hearing within the United the report under subsection (c), the Commis- provisions of title 5, United States Code, gov- States. sion shall submit to the Congress and the erning appointments in the competitive (2) FAILURE TO OBEY A SUBPOENA.—If a per- President any additional report of dissenting service. son refuses to obey a subpoena issued under opinions or minority views by a member or (2) PAY.—The staff of the Commission shall paragraph (1), the Commission may apply to members of the Commission. be paid in accordance with the provisions of a United States district court for an order (e) INTERIM REPORT.—The Commission may chapter 51 and subchapter III of chapter 53 of requiring that person to appear before the submit to the Congress and the President an that title relating to classification and Gen- Commission to give testimony, produce evi- interim report approved by a majority of the eral Schedule pay rates, but at rates not in dence, or both, relating to the matter under members of the Commission. excess of the maximum rate for grade GS–15 investigation. The application may be made within the judicial district where the hear- SEC. 5. MEMBERSHIP. of the General Schedule under section 5332 of ing is conducted or where that person is (a) NUMBER AND APPOINTMENT.—The Com- that title. found, resides, or transacts business. Any mission shall be composed of 17 members ap- (d) EXPERTS AND CONSULTANTS.—The Direc- tor may procure temporary and intermittent failure to obey the order of the court may be pointed as follows: punished by the court as civil contempt. (1) 4 members appointed by the President. services under section 3109(b) of title 5, (3) SERVICE OF SUBPOENAS.—The subpoenas (2) 4 members appointed by the majority United States Code. (e) STAFF OF FEDERAL AGENCIES.— of the Commission shall be served in the leader of the Senate. manner provided for subpoenas issued by a (1) IN GENERAL.—Upon request of the Direc- (3) 2 members appointed by the minority United States district court under the Fed- leader of the Senate. tor, the head of any Federal department or agency may detail, on a reimbursable basis, eral Rules of Civil Procedure for the United (4) 4 members appointed by the Speaker of States district courts. the House of Representatives. any of the personnel of that department or agency to the Commission to assist it in car- (4) SERVICE OF PROCESS.—All process of any (5) 2 members appointed by the minority court to which application is made under rying out this Act. leader of the House of Representatives. paragraph (2) may be served in the judicial (2) NOTIFICATION.—Before making a request (6) 1 member, who shall serve as Chair- district in which the person required to be person of the Commission, appointed jointly under this subsection, the Director shall give notice of the request to each member of the served resides or may be found. by the President, the majority leader of the (i) RULES.—The Commission shall adopt Senate, and the Speaker of the House of Rep- Commission. other rules as necessary for its operation. resentatives. SEC. 7. POWERS OF COMMISSION. SEC. 8. TERMINATION. (b) DIVERSITY OF VIEWS.—The appointing (a) HEARINGS AND SESSIONS.—The Commis- The Commission shall terminate 30 days authorities under subsection (a) shall seek to sion may, for the purpose of carrying out after submitting a report under section 4(c). ensure that the membership of the Commis- this Act, hold hearings, sit and act at times SEC. 9. AUTHORIZATION OF APPROPRIATIONS. sion has a diversity of views and experiences and places, take testimony, and receive evi- (a) IN GENERAL.—There are authorized to on the issues to be studied by the Commis- dence as the Commission considers appro- be appropriated to the Commission $5,000,000 sion, such as views and experiences of Fed- priate. The Commission may administer to carry out this Act. eral, State, and local governments, the oaths or affirmations to witnesses appearing (b) AVAILABILITY.—Any sums appropriated media, the academic community, consumer before it. pursuant to the authorization in subsection groups, public policy groups and other advo- (b) POWERS OF MEMBERS AND AGENTS.—Any (a) shall remain available until expended. cacy organizations, business and industry member or agent of the Commission may, if SEC. 10. BUDGET ACT COMPLIANCE. (including small business), the medical com- authorized by the Commission, take any ac- Any new contract authority authorized by munity, civil liberties experts, and the finan- tion which the Commission is authorized to this Act shall be effective only to the extent cial services industry. take by this section. or in the amounts provided in advance in ap- (c) DATE OF APPOINTMENT.—The appoint- (c) OBTAINING OFFICIAL INFORMATION.— propriation Acts. ment of the members of the Commission (1) IN GENERAL.—Except as provided in SEC. 11. PRIVACY PROTECTIONS. shall be made not later than 30 days after paragraph (2), if the Chairperson of the Com- (a) DESTRUCTION OR RETURN OF INFORMA- the date of the enactment of this Act. mission submits a request to a Federal de- TION REQUIRED.—Upon the conclusion of the (d) TERMS.—Each member of the Commis- partment or agency for information nec- matter or need for which individually identi- sion shall be appointed for the life of the essary to enable the Commission to carry fiable information was disclosed to the Com- Commission. out this Act, the head of that department or mission, the Commission shall either destroy

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8563 the individually identifiable information or The commission’s work will help de- cans as they enter the next century is return it to the person or entity from which termine the extent to which the Na- the concern about loss of personal pri- it was obtained, unless the individual that is tion’s privacy laws and policies may vacy, and so Congress understands the subject of the individually identifiable that. information has authorized its disclosure. need to be revised for today’s informa- (b) DISCLOSURE OF INFORMATION PROHIB- tion technology. If we look at the issue of video rental ITED.—The Commission— Mr. Speaker, H.R. 4049 was intro- records, we understand the public, and (1) shall protect individually identifiable duced on March 21, 2000, by the gen- we do not want our video rental information from improper use; and tleman from Arkansas (Mr. HUTCH- records disclosed to third parties, and (2) may not disclose such information to INSON) and the gentleman from Vir- we passed a law that prohibited that. any person, including the Congress or the ginia (Mr. MORAN), a true bipartisan We understand that driver’s license President, unless the individual that is the bill. information should not be passed along subject of the information has authorized The Committee on Government Re- and sold to commercial enterprises. We such a disclosure. passed a law that restricted that. (c) PROPRIETARY BUSINESS INFORMATION form’s Subcommittee on Government When you look at cable stations and AND FINANCIAL INFORMATION.—The Commis- Management Information and Tech- sion shall protect from improper use, and nology held 3 days of legislative hear- the knowledge as to what an indi- may not disclose to any person, proprietary ings on the issue, including a day of vidual, a consumer, clicks his channels business information and proprietary finan- hearings at the behest of the sub- and where he goes, we do not want that cial information that may be viewed or ob- committee’s minority members. The information passed along; and we pass tained by the Commission in the course of a law that restricted it. carrying out its duties under this Act. subcommittee approved the bill on June 14, 2000; and the full committee fi- Tax returns, we passed a law obvi- (d) INDIVIDUALLY IDENTIFIABLE INFORMA- ously that restricts the transfer of in- TION DEFINED.—For the purposes of this Act, nalized its work on the bill on June 29, formation from a tax return. So we the term ‘‘individually identifiable informa- 2000. tion’’ means any information, whether oral During the full committee’s consider- deal with privacy, but Congress should or recorded in any form or medium, that ation, a number of amendments offered not end its work with what we have identifies an individual, or with respect to by the minority were adopted, and the done thus far. which there is a reasonable basis to believe How about medical records? How bill was favorably reported to the full that the information can be used to identify about State law protection dealing House. an individual. with medical records; is that suffi- Mr. Speaker, I yield such time as he The SPEAKER pro tempore (Mr. cient? Do we need a new Federal stand- may consume to the honorable gen- PEASE). Pursuant to the rule, the gen- ard? How about the financial records? tleman from Arkansas (Mr. HUTCH- tleman from California (Mr. HORN) and What do we need to do to further pro- INSON), the chief author of the bill, for the gentleman from California (Mr. tect the transfer of financial informa- further discussion. WAXMAN) each will control 20 minutes. tion? And the answer is that regardless Mr. HUTCHINSON. Mr. Speaker, I The Chair recognizes the gentleman of what we can agree upon now, and I thank the gentleman from California from California (Mr. HORN). have sponsored various portions of pri- (Mr. HORN) for yielding the time to me. GENERAL LEAVE vacy legislation and have moved for- Mr. Speaker, I certainly rise in sup- Mr. HORN. Mr. Speaker, I ask unani- ward, but regardless of what we agree port of this legislation, the Privacy mous consent that all Members may upon now, we cannot end here. have 5 legislative days within which to Commission Act, and I want to thank We need to build a consensus; and revise and extend their remarks on the gentleman from California (Mr. this bill, this privacy study commis- H.R. 4049, as amended. HORN) for his leadership and coopera- sion, is designed to build this con- The SPEAKER pro tempore. Is there tion on this. sensus that we have not been able to objection to the request of the gen- I want to thank the Democrat gen- form yet. I think it will help us to en- tleman from California? tleman from Texas (Mr. TURNER) for hance personal privacy and do the There was no objection. his coauthorship of it. work that Congress should do. Mr. HORN. Mr. Speaker, I yield my- I want to thank the gentleman from Let me go to some of the particulars self such time as I may consume. California (Mr. WAXMAN), the ranking of this legislation. Obviously, the com- Mr. Speaker, H.R. 4049 would estab- member of the full committee, for his mission will consist of 17 members ap- lish a commission to engage in one of participation through this process, his pointed by the President, the majority the Nation’s most comprehensive ex- very constructive criticisms and sug- leader, minorities leader, Speaker of aminations of privacy protection issues gestions that he has offered. I think be- the House. So it certainly is bipartisan in more than 20 years. cause of the gentleman’s participation in the way that it is formulated, but it A few key strokes on a computer can we have certainly made this a better is tasked with numerous responsibil- yield a quantity of information that product that has moved to the floor ities from studying the current state of was unimaginable 26 years ago when today. laws on individual privacy, to con- the privacy act of 1974 became law. I certainly also want to thank the ducting field hearings across the coun- From e-mail and e-commerce to e-gov- gentleman from the State of Virginia try, listening to the people, as well as ernment, technology has changed the (Mr. MORAN), my cosponsor, who from privacy experts. way people communicate, shop, and the very beginning has helped make We are to submit a report to Con- pay their bills. this a bipartisan product which we gress, this commission will, within a The downside of these advances is have presented to this body. timely fashion; and even though 18 that a vast amount of personal infor- If we look back over the issue of pri- months is a drop-dead date, hopefully mation, such as credit cards and Social vacy, the last comprehensive look at they will come back sooner, and they Security numbers, flows freely from privacy that we have had in our Nation have specifically the right to come home computers to commercial and was 25 years ago in 1974, and the report back sooner if they can reach that con- government Web sites. Today, every- after that privacy study commission sensus. thing from medical records to income was privacy in the information age. The Committee on Commerce has tax returns is being maintained in an Certainly that has changed in 25 years. stepped in and suggested some very im- electronic form and is often trans- But even that last commission gave us portant changes but are not dramatic mitted over the Internet. the hallmark of our privacy legislation in its impact. One of them is that the Growing concern over protecting the today, the foundation of privacy here commission should look at the impact privacy of those records has led to the in the Federal Government. on the Internet and its functionality. proposal of approximately 7,000 State That was 1974. Basically, it is time Certainly we want to do that. It says and local laws, and more than 50 Fed- that we need to do it again, and I do that any commissioner or group of eral laws. This bill before the House believe that Congress understands the commissioners may dissent and submit today will provide a most important issue of privacy and the importance of a record, so there is nothing dramatic function in this debate. The commis- this issue to the American people. The about those changes; but those have sion will examine privacy policies and NBC-Wall Street Journal poll indicated been some suggested improvements laws throughout the Nation. that the number one issue of Ameri- from the Committee on Commerce.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8564 CONGRESSIONAL RECORD — HOUSE October 2, 2000 I want to talk for a second about the with 20 minutes of debate time and no Under the right circumstances, es- processes as the gentleman from Cali- chance for amendments. And I think tablishing a privacy commission could fornia (Mr. HORN) just indicated. We that is wrong. be a helpful step in addressing privacy have gone through 3 days of hearings. Mr. Speaker, the gentleman from Ar- concerns. If Congress concurrently We have gone through markup in sub- kansas (Mr. HUTCHINSON) said that his took action on enacting privacy legis- committee and full committee, and it bill could go forward and other legisla- lation or at least made a binding com- was during that time that I think we tion on the subject of privacy could be mitment to take such action, Amer- really improved this legislation. One of considered at the same time. Well, the ican consumers could be confident that the suggestions that came from the reality is that other legislation on pri- they would complement, rather than Democrat side was suggested by the vacy is not being considered at all. For delay, this legislation. gentleman from California (Mr. WAX- example, the gentlewoman from New Mr. Speaker, I want to emphasize MAN), the ranking member, who said York (Ms. SLAUGHTER) has introduced this point and urge my colleagues to that we should make it clear that this genetic nondiscrimination and privacy oppose this suspension. legislation in no way should impede legislation that has broad support; yet Mr. Speaker, I reserve the balance of the passage of individual privacy legis- there has not even been a hearing on it. my time. The gentleman from California (Mr. lation. The language that was sug- b 1500 gested by the gentleman from Cali- CONDIT) introduced legislation with the gentleman from Massachusetts (Mr. Mr. HORN. Mr. Speaker, I yield my- fornia (Mr. WAXMAN) was included. self such time as I may consume. The gentlewoman from New York MARKEY), the gentleman from Michi- gan (Mr. DINGELL), myself and many Mr. Speaker, as I looked at the evo- (Mrs. MALONEY) suggested very appro- lution of this legislation, every bill or priately that the commission should other colleagues to provide comprehen- sive medical privacy protections for an amendment that the Democratic look at the extent that older individ- minority gave us we accepted, and uals are subject to exploitation involv- American consumers. That bill, which is in the subcommittee of the gen- what we are going to have here is just ing the disclosure of use of their finan- on and on and on, and nothing is going cial information. That was adopted in tleman from California (Mr. HORN), has not even been given a hearing. to happen. subcommittee. Five years ago when the gentleman Then the third-party verification ef- The gentleman from New York (Mr. LAFALCE) and the gentleman from from California (Mr. CONDIT) was in my forts, an amendment sponsored as well position as chair of the subcommittee by the gentlewoman from New York Massachusetts (Mr. MARKEY) have in- troduced comprehensive financial pri- on Government Management, Informa- (Mrs. MALONEY) was adopted. vacy protections; yet there has not tion, and Technology, we had legisla- The importance of having civil lib- tion that he submitted, a very fine bill. erties represented on the commission even been a hearing on their bills. Today, with consideration of H.R. We have had others. We have Senator was accepted as well, and so there was 4049, the leadership is finally taking up LEAHY come over. He has a very fine tremendous improvement through this a bill concerning privacy, but the lead- bill. So it goes. Nobody can pull all the process. We have really followed the ership has brought the bill up under pieces together. regular order as we have come to this suspension of the rules. This procedure In the closing weeks of Congress, full House. blocks the gentleman from California there is absolutely no way to have the This is a very important commission (Mr. CONDIT), the gentleman from New floor time to start having amendments that I believe will do good work. It is York (Mr. LAFALCE), the gentleman all over the place. I would love to have important that we have a good vote from Massachusetts (Mr. MARKEY), the floor time and have a 3-day debate. It today, that will send it on its way in a gentlewoman from New York (Ms. is going to be a 3-day debate, at least. bipartisan way; and I think that when SLAUGHTER), and others from bringing It has been a bipartisan proposal all it comes back with a report, hopefully, up measures to provide privacy protec- the way, and I would hope we would get and I see the gentleman from Massa- tions for American consumers. something done where it could be chusetts (Mr. MARKEY) joining us, that We should not waste this opportunity pulled together and we might look at it we can continue to work on individual to consider meaningful privacy protec- as a base bill, which does not preclude privacy legislation between now and tions. The Privacy Commission Act the gentleman from Massachusetts the end of this year and into next Con- should be brought to the floor under (Mr. MARKEY), the gentleman from gress. regular order so that Members have an Connecticut (Mr. SHAYS). We have a In the meantime, regardless of what opportunity to discuss whether sub- whole bunch of people here who want else happens, we need to have this com- stantive privacy protections or other to have a privacy bill. I am not against mission that will continue to rec- improvements should be added to the that. I just want to get something done ommend and supplement what we are bill through amendment. in a practical sense. doing in this body and to assist in our One of the main issues that has been I would hope, Mr. Speaker, that my efforts, and I urge my colleagues to raised about privacy, about the privacy colleagues would support this and not support this common sense approach to commission bill, is whether its prac- have to go through the—we have the privacy. tical effect would be to delay the en- votes, I am sure, on the majority, but Mr. HORN. Mr. Speaker, I reserve the actment of privacy protections. we ought to get this movement going. balance of my time. People who advocate privacy protec- Mr. Speaker, I reserve the balance of Mr. WAXMAN. Mr. Speaker, I yield tions have expressed concern about the my time. myself 31⁄2 minutes. potential for delay. For example, the Mr. WAXMAN. Mr. Speaker, I yield Mr. Speaker, I want to compliment Consumer Federation of America Con- myself such time as I may consume. the gentleman from Arkansas (Mr. sumers Union and U.S. PIRG have stat- Mr. Speaker, I just want to point out HUTCHINSON) and the gentleman from ed that ‘‘the creation of a commission that if we are going to be serious about Virginia (Mr. MORAN) for their efforts would delay efforts to put meaningful doing something on privacy legislation, to focus attention on the important privacy protections on the book.’’ we should have had hearings in the issue of privacy. I believe that H.R. People who oppose privacy protec- Horn subcommittee, that is how we or- 4049 is a well-intentioned bill. The au- tions have been happy that this bill ganize a consensus, not wait for one to thors’ sincerity in their motivation to could delay privacy initiatives. On happen. We ought to have hearings. We improve privacy protections is a real April 17, 2000, there was an editorial in ought to have had leadership to de- one. the National Underwriter magazine velop legislation. We have not had that I strongly object, however, to the de- that urged insurance companies to sup- leadership to develop legislation. cision to bring up this bill as a suspen- port this measure, because the pres- Secondly, not every one of our sion bill. Until today, we have had no ence of such a commission will provide amendments was adopted in com- opportunity to consider fundamental a strong argument for Congress and the mittee. We wanted a deadline for ac- privacy legislation that matters to State legislatures to wait for the re- tion by the Commission and an oppor- millions of Americans. And now that sults before enacting, as they put it, tunity for privacy protections to be put we have a bill, we are only provided highly restrictive privacy legislation. into place.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8565 Mr. Speaker, I yield 3 minutes to the cessity. It is very hard for me to advo- It has been more than 20 years since gentlewoman from the District of Co- cate support of this bill. I do not do so. a privacy commission studied this lumbia (Ms. NORTON), a very important Mr. HORN. Mr. Speaker, I yield my- issue. It is clear to me that we need a member of our committee. self such time as I may consume. comprehensive reevaluation of the sub- Ms. NORTON. Mr. Speaker, I thank Mr. Speaker, I just want to answer ject; that legislation that is pending the gentleman for yielding time to me. the ranking member of the full com- can be considered and passed while we Mr. Speaker, normally bills to study mittee on hearings. We had a full hear- are studying this issue, but there are serious problems are like apple pie and ing on April 12, 2000. We had a full enough problems in the area of privacy motherhood, but I will tell the Mem- hearing on May 15. That is two major regulation, privacy protection, to jus- bers, this one deserves the serious res- hearings on a rather simple bill, but it tify a commission with the expertise ervations of Members of this body in is the only way we are going to get that is laid out in the bill as far as the light of mounting concerns among the something done. creation of a commission and its mem- public about medical privacy and Mr. Speaker, I yield 3 minutes to the bership. Internet privacy. gentleman from Texas (Mr. TURNER), I believe Congress should strictly ad- When I chaired the Women’s Caucus the ranking member on the sub- here to the intent of the bill, which last term, one of the bills at that time committee. calls for the commission to be used as Democratic and the Republican women Mr. TURNER. Mr. Speaker, I thank a supplement to and a sounding board were able to get some kind of con- the gentleman for yielding time to me. for ongoing legislative privacy initia- sensus on was a bill involving genetic Mr. Speaker, I appreciate the good tives rather than any means of delay. privacy. work that the gentleman from Cali- Again, I commend the gentleman The notion that we are here talking fornia (Mr. HORN) has put in on this from Arkansas (Mr. HUTCHINSON) and about studying privacy at the end of bill. It is clear to all of us that the the gentleman from Virginia (Mr. yet another term pains me to even American people are demanding action MORAN) for their good work, and I urge hear. This issue is at the top of the and that their privacy be protected by the House to adopt this bipartisan agenda of the American public. The this Congress. I think it perhaps is one measure. concern of the public is so loud and so of the most critical issues and one of Mr. WAXMAN. Mr. Speaker, I yield real, and has been there for so long the most difficult issues we face. myself such time as I may consume. after so many hearings about various I think we also understand that there Mr. Speaker, before yielding to the gentleman from Massachusetts (Mr. aspects of this problem, that the expec- are very complex issues surrounding MARKEY), who is one of the champions tation has been that we would do some- the discussion of privacy, and there are on privacy questions in this Congress, I thing about it at least by now. many opinions that have been voiced Let us take medical privacy. That to us in the course of proceedings on want to point out that the Horn sub- committee held three hearings, two at one is so long overdue, particularly this bill and others that indicate that our request. They were all on the issue with respect to genetic information. the Congress must carefully consider of this commission. There was not a We now know the genetic code. That legislation in this area. single hearing on the medical privacy thing is traveling against us at such a H.R. 4049 is a bipartisan measure issue or the Internet privacy, which is speed. We are here talking about study- which would establish a commission also the jurisdiction of that com- ing it with no time limit? People are charged with studying issues relating to the protection of individual privacy mittee. thinking, will I lose my job if I go to I regret that, because it seems to me and the balance to be achieved between the company doctor or to any doctor to we could be much further down the protecting privacy and allowing appro- talk about my condition? And all doc- road in directly enacting legislation if priate uses of information. tors use the Internet now. we had that leadership. Do we know where the public is on The commission would submit a re- Mr. Speaker, I yield 6 minutes to the this? They are clamoring on the doors port to Congress and the President gentleman from Massachusetts (Mr. within 18 months after its appoint- of this Congress, saying, ‘‘Protect me.’’ MARKEY), who has raised the privacy My own recent experience makes me ment. As a cosponsor of the bill, I com- issue in a number of different spheres come to the floor. I needed something, mend my colleagues, the gentleman and has been such an enormous cham- a fancy new telephone. Somebody from Arkansas (Mr. HUTCHINSON) and pion in trying to get legislation, and found out that I could order it and get the gentleman from Virginia (Mr. shown such leadership in trying to get it in 24 hours over the Internet. I said, MORAN) for their leadership on a topic that legislation. over my dead body. I have a recogniz- of this importance. Mr. MARKEY. Mr. Speaker, I thank able name. I am not going to put the I commend the ranking member, the the gentleman for yielding time to me. name of Eleanor Holmes Norton on the gentleman from California (Mr. WAX- Mr. Speaker, this is a very important Internet, because at least in this region MAN), on his willingness to work with debate. I think it is important for ev- somebody might decide that that is the us on the issue. I agree with him, that eryone who is listening to the debate name to use. there are bills pending in this Congress to understand what we are debating Do Members know how many people that can be acted upon and should be and what we are not debating. have lost their identity fooling with acted upon prior to the final report of We are debating a privacy commis- the Internet? I am not going to lose this commission. sion. In fact, that is how it is described what little identity I have left. That is The Subcommittee on Government by the proponents. But for those that one of the things people write again Management, Information, and Tech- want real privacy, we are debating a more and more. Yet, we say, here is our nology of the Committee on Govern- privacy omission. That is what this de- answer, we will study that for you. We ment Reform held 3 days of legislative bate is really all about. are making people think we are doing hearings on this bill, heard from a We have bills before Congress. They something about something they have number of witnesses, hearing various have been sitting there for years. The clamored for us to do something about points of view. The witnesses testified gentleman was the chair of this sub- for almost 10 years now. regarding the commission’s scope, the committee and did not have any hear- This bill says that this commission is relationship of ongoing and past pri- ings on the subject. The Committee on going to make recommendations on vacy efforts, the composition of the Banking and Financial Services, no whether additional legislation is nec- commission, and other issues. hearings; the Committee on Commerce, essary? Give me a break. Tell that to I want to commend the gentleman no hearings. the public, that we are trying to find from Arkansas (Mr. HUTCHINSON) for Everyone understands what the prob- out if it is necessary. his willingness to accept an amend- lem is. The Internet industry under- Or listen to what the FCC has just ment, a manager’s amendment, at the stands, the banking industry under- said: ‘‘Legislation is now needed to en- full committee level which clarified stands, the health industry under- sure consumers online privacy is ade- that the intent of this bill is not to stands the issues. What frightens them quately protected.’’ It is necessary. delay or obstruct any pending, ongoing most greatly is that the public under- This bill does nothing about that ne- privacy initiatives in this Congress. stands them, as well.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8566 CONGRESSIONAL RECORD — HOUSE October 2, 2000 These are not complicated issues. We passing this bill, demonstrates that it there, and we would have been glad to over the years have made many deci- is unwilling to grasp this moral issue give them a hearing. But there are a sions with regard to the privacy of the of what corporate America is doing in lot of other committees around here American public. It is not something taking the private, most sensitive in- that have the jurisdiction. I am not that requires a lot of study. formation of American families and aware of the gentleman from Massa- We make it a requirement that a turning it into a product which is sold chusetts ever going before any of those driver of an automobile have to opt in around the country and around the committees. But he always is eloquent, before any license information, driver’s world. no question about it. license information, can be transferred. So if Members want privacy and they Mr. MARKEY. Mr. Speaker, will the If we rent a video cassette at a video want it to happen, vote no on this bill gentleman yield? rental store, they have to get our per- and force them to bring out the bills Mr. HORN. Mr. Speaker, I yield 10 mission before they transfer that infor- over this next week that ensure that on seconds to the gentleman from Massa- mation. If we are watching cable TV the Internet, on financial records, on chusetts (Mr. MARKEY) to answer how and late at night we might flick over the health care data of every American many doors did he knock on. When I to one of those pay per view channels family, we give them the protections have a bill out, I am knocking on that maybe we don’t want the rest of which they deserve. doors. the family, much less everyone else in Otherwise, this bill is going to guar- Mr. MARKEY. Mr. Speaker, I was the neighborhood, understanding that antee that there will be no action in given an ironclad commitment by the we might have watched, the cable in- the next Congress either, because the other side when we were debating the dustry cannot tell anyone that we did report does not come back until 2 years financial services bill last November that. They have to get our permission from now, at the end of the next Con- that they would have hearings all this before they do so. If we call anyone on gress. year in the Committee on Banking and our phones, the phone company cannot b 1515 Financial Services on financial serv- tell anybody who we called without our ices and health care privacy. They had So I think that, while they may have permission. no hearings on this issue. That side had all the hearings on their commis- If a child goes online to a commercial over there did not, in fact, fulfill its sion bill, that, without question, site for children and they are under the commitment. age of 13, that site cannot transfer that whether or not we are going to ensure Mr. HORN. Mr. Speaker, I yield 41⁄2 information to anyone else without the that the new technology ennobles and enables Americans rather than de- minutes to the gentleman from Vir- express permission of parents. But if ginia (Mr. MORAN). the child is 13, if the child is 14, if the grades and debases, whether or not we come to grips with the fact that there Mr. MORAN of Virginia. Mr. Speak- child is 15, there are no restrictions. er, I want to start by thanking the dis- Do Members think this Congress is a sinister side of cyberspace and that tinguished gentleman from California could figure out that maybe we should we understand it and that we dem- (Mr. HORN). He made it clear from the protect 13- and 14- and 15-year-olds? We onstrate to the American people that outset that he wanted bipartisan con- are told by the committee that they we do understand it, and that we be- structive legislation, that he wanted cannot figure that out. It is too hard come the privacy keepers as were our hearings, and he wanted to do what we for them to know whether or not a 13- local bankers when we were younger, could do given the information that we year-old or a 14-year-old or a 15-year- our doctors and nurses when we were had available to us. old’s information should be trans- younger, and that we identify with I also want to thank the gentleman ferred. They need to get an expert those privacy keepers rather than the from Arkansas (Mr. HUTCHINSON). He panel of industry officials, primarily, I privacy peepers and the information has worked, again, in a constructive am going to bet that is the case, to tell reapers which these new data banks are manner, listening to everyone that us whether or not those children able to make possible, creating prod- wanted to have input into this legisla- should be protected. ucts out of the family information of Mr. Speaker, that is why we run for each one of us in the United States. I tion, has never behaved, to my knowl- office. People in this country know do not believe that there is an issue edge, in this context in any partisan whether or not they want their health more central to the integrity and the fashion. He wanted this to be a bipar- care records protected or not. They well-being of a family in the United tisan bill. So I was very pleased to know whether or not they want their States than whether or not we give work with him. financial records protected. We do not them the rights today to protect that I thank the gentleman from Texas need a Commission to study this. This information from being turned into a (Mr. TURNER), the ranking member of is not beyond the ability of this Con- product. the subcommittee. Again, all they gress to deal with. To say that we do not have the abil- wanted to do was work in a construc- What the bill is really all about is ity to understand it says that we do tive bipartisan manner. punting for another 2 years, 18 months, not understand cyberspace, we do not Now, I also want to thank the gen- for the commission to study it. It understand the world in which every- tleman from California (Mr. WAXMAN) means it is right before the next Con- one is living, and we do not understand whose leadership has been outstanding. gress ends, in the year 2002, which is that 85 percent of the American public In fact, I agree with the gentleman’s exactly what the industry wants. We in every single poll are demanding us emphasis on the need for privacy legis- do not have to be a genius to figure out to give them the right to protect this lation and with the gentleman from what to do to protect children, to pro- information. Vote no on this commis- Massachusetts (Mr. MARKEY). tect the medical record of Americans, sion. I think that we ought to have privacy to make sure that somebody cannot Mr. HORN. Mr. Speaker, I yield my- legislation right now, particularly with take all of our checks or all of our bro- self such time as I may consume. regard to the protection of medical kerage accounts, all of the medical Mr. Speaker, before I yield to the records. No question. Let us do it. We exams we might have to take for an in- gentleman from Virginia (Mr. MORAN), will vote for it. I know that the gen- surance policy, and then sell it as the co-author of this legislation, I want tleman from California (Mr. HORN) and though it is a product. to say that the gentleman from Massa- the gentleman from Arkansas (Mr. Do we really have to study that? I chusetts (Mr. MARKEY) is always very HUTCHINSON) will and the gentleman don’t think so. This is just a commis- eloquent. Did he beat on the door of from Texas (Mr. TURNER) will as well. sion to make sure that this Congress the chairman of the Committee on So I would say to the gentleman from can say that it did something; that is, Commerce? Did he beat on the door of Massachusetts (Mr. MARKEY), my very put a fig leaf over this issue. the chairman of the Committee on Ju- good friend, I wished that I had had the So Mr. Speaker, yes, we need a new diciary? I did not hear him beating on same rhetoric teachers as my col- economy, but we need a new economy my door. league, but I did go to the Jesuits, and with old values. We need commerce But we knew the gentleman from I remember some of this, and it is very with a conscience. This Congress, by Massachusetts and five others were out effective and impressive.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8567 But let me say to the gentleman empting their right to protect their rapid development of the Internet. Companies from Massachusetts just do it. If he citizens? I do not know. Let us ask the and consumers alike realize that Internet pri- wants privacy legislation, do it. As the experts, and that is what this commis- vacy is the one issue that must be done right. gentleman from California (Mr. HORN) sion does. Americans are rightly concerned about their suggested, the gentleman from Massa- Mr. Speaker, I rise today in strong support lack of privacy. We know and appreciate that chusetts is on the Committee on Com- of H.R. 4049. I would like to thank my col- the public worries about cookies; worries merce. league ASA HUTCHINSON and JIM TURNER, the about the capture of information regarding The reality is that it is not going to ranking member of the subcommittee, for their browsing behavior; and worries about profiling. get done. This is all we have. We have leadership and bipartisan efforts in introducing But, we don’t know what the dimensions are made it clear, every speaker has made this bill. of the real privacy threats posed by these ac- it clear this does not preclude any This legislation has been criticized by some tivities and what the economic payoffs are of other privacy legislation. It is meant as a proposal to slow down other privacy leg- these activities. We certainly don’t know very to compliment it. We do not have to islation. On the other hand, the idea of a pri- much yet about the impact of recently enacted take 18 months. We can do it in 6 vacy commission has been criticized by at privacy protection legislation, such as the Chil- months. least some in the business community out of dren’s Online Privacy Protection Act or the pri- The problem is, while the gentleman a concern that it may lead to the enactment of vacy protections in Title V of Gramm-Leach- from Massachusetts (Mr. MARKEY), my overbearing legislation. Bliley. good friend, may have all the answers, Unfortunately, this way of thinking and oper- There is a lack of consensus about whether I do not. I am not sure what to do. ating has become a familiar pattern with a fa- the U.S. should move toward the establish- Given the fact that there are 7,000 pri- miliar result. Congress winds up doing noth- ment of some type of national privacy regu- vacy bills introduced in State legisla- ing. That is really what we are talking about latory agency or whether the existing combina- tures, one out of every 5 legislative today. Do we engage in the same old partisan tion of courts, consumer protection authorities, bills introduced around the country gridlock and do nothing or do we get serious Attorney Generals and various federal agen- this year had to do with privacy, we about moving forward on some of the most cies provide a more than adequate privacy have got dozens of bills pending before important issues in this nation and pass this regulatory presence. our committees on privacy, which one legislation. There is also the troubling question of pre- of them works? Which ones will create I respect and appreciate much of the work emption. In an electronic environment where a consistency? I am not sure. I do not that colleagues and friends like ED MARKEY information moves across local, state, and na- have those answers. and JOHN LAFALCE have done on privacy tional borders in nanoseconds, does it really I am not even sure how we protect issues. I agree with them that there are some make any sense to allow the location of data, the consumer choice that is very im- privacy issues, like the protection of medical sometimes the momentary location of data, to portant to many people while ensuring records, that Congress should immediately dictate the rules that apply? The stakes are high. As a nation, we must that we protect people’s basic privacy move to protect. find a way to protect information privacy and which is a fundamental American right That is why we purposely did not include to give our citizens confidence that they can and freedom. I do not have those an- any moratorium or preemption language that engage in e-commerce and provide access to swers. I am not sure this Congress has would prevent Congress or the states from en- their personal information, knowing that the in- those answers. Perhaps some of us do; acting privacy legislation that may be needed formation will be used appropriately and in and if they do, just do it. Come up with before the work of this commission is done. ways that are consistent with their under- the legislation, and we will vote for it. But the reality is that there is not going to be standing of the transaction. In the meantime, we want to get the any other privacy legislation passed this term. At the same time, we must preserve the experts together to bring out all the In the meantime, we can be doing something ability of the business community to use per- factors that need to be considered so constructive. sonal information effectively to promote con- that we can have the most thoughtful, Let me repeat that: Nothing in this bill pre- sumer convenience and to drive down the cost the best considered legislation pos- cludes Congress or the states from moving and improve the quality of goods and services; sible. forward on privacy legislation. and to personalize the marketplace—in a very This is critically important. It is I do believe, however, that the work of the real sense, revolutionize the marketplace—to critically important to our economy Privacy Commission will lead to better overall spur growth and to give consumers informa- and to our society. It is a basic Amer- decisions about privacy, particularly as it re- tion about the goods and services which con- ican freedom, individual privacy. But lates to the Internet and electronic commerce. sumers wish to receive. let us not mess it up. Privacy has become a major public policy The Privacy Commission created by H.R. I know that privacy is off the charts issue. Last year, the state legislatures consid- 4049 will not answer every question to every- on every poll we take. I know that all ered over 7,000 privacy bills. Approximately one’s satisfaction. But, there is every reason the voters want us to do something one out of every five bills introduced in the to believe that this is exactly the right time for about privacy. But if we are going to state legislatures was a privacy bill. The Con- a Privacy Commission to look at these ques- do it, we ought to do it right. We ought gress currently has before it dozens of privacy tions, as well as the profound changes in the to do it in a bipartisan way. We ought bills. The federal regulatory agencies are busy underlying technology and the underlying busi- not politicize it. It ought to be good, on numerous privacy initiatives. ness models that have ignited the current pri- public policy that is sustainable. That And yet, it has been more than twenty years vacy debate. This will allow us to get to our is what this legislation does. That is since the Privacy Protection Study Commis- destination with fewer mistakes and in a way all it does. sion issued its landmark report in 1977. Since that encourages the effective use of personal We have worked on this. We have lis- then, the personal computer and the Internet information while protecting privacy. tened to everyone. I know the gen- have transformed our economy. At the same The Privacy Commission Act is supported tleman from California (Mr. WAXMAN), time, they have raised and continue to raise by The Information Technology Industry Coun- my friend and the distinguished leader new privacy issues that the 1977 study could cil, The Center for Democracy and Tech- will recall that, in fact, when we had not have envisioned. It is time to revisit the nology, The American Electronics Association, hearings, the gentleman from Massa- issues from the 1977 report as well as the The Information Technology Association of chusetts (Mr. MARKEY) testified about broader new issues raised by the information America, and The Association for Competitive medical records, about financial economy. The Privacy Commission Act cre- Technology. records. ates an opportunity to do just that. I would like to thank ASA for his leadership I am not sure I got an answer about Everyone agrees that getting privacy policy on this issue and I urge my colleagues to sup- the question how do we make con- right will go a long way towards fully devel- port the serious study of these important sistent privacy regulations on medical oping the potential of the Internet and e-com- issues and to vote for this important legisla- records, on financial records, on the merce. The extent to which this exciting new tion. children’s privacy protection act that medium will continue its incredible expansion Mr. WAXMAN. Mr. Speaker, may I was just passed. How do we bring all depends in large measure on balancing legiti- inquire how much time each side has these together and have a consistent mate consumer privacy rights with basic mar- remaining. Federal policy? How do we get consist- ketplace economics. An open and supportive The SPEAKER pro tempore (Mr. ency among the States without pre- legal environment has helped encourage the PEASE). The gentleman from California

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(Mr. WAXMAN) has 61⁄2 minutes remain- Mr. Speaker, along the lines of the are affected do not want the American ing. The gentleman from California argument just made by the gentleman people to have any additional privacy. (Mr. HORN) has 50 seconds remaining. from Louisiana (Mr. TAUZIN), I want to That is the core issue that we are Mr. WAXMAN. Mr. Speaker, I yield 2 point out that a number of privacy ex- talking about here, whether or not we minutes to the gentleman from Lou- perts, including individuals from the are going to take on those large indus- isiana (Mr. TAUZIN). Electronic Privacy Information Center, tries who basically have a commercial Mr. TAUZIN. Mr. Speaker, I thank Consumer Action, Privacy Times, the stake in compromising the privacy of the gentleman from California (Mr. Privacy Rights Clearinghouse, the Free every single American. WAXMAN) very much for yielding me Congress Foundation, Junk Busters At this point in time, if we look down this time. and others, they said: ‘‘We oppose this the litany of bills that have been before Mr. Speaker, I rise in opposition to bill because it is unlikely to advance the Congress over the past year, we can this legislation. Let me explain quick- privacy protections in the United say that, without question, that there ly why. First, it is important to know States. To the contrary, if adopted, it can only be a zero which is given to the that this body has legislated for the would likely retard the progress of leg- Republican leadership in dealing with past 30 years on privacy concerns. islation that would result in meaning- this issue of American privacy. There are at least a dozen or so privacy ful protections for Americans. Mr. WAXMAN. Mr. Speaker, I yield bills that already have been passed by ‘‘Enacting this bill would give the ap- 30 seconds to the gentleman from Vir- this body, some recently dealing with pearance that Congress was finally ginia (Mr. MORAN). Mr. MORAN of Virginia. Mr. Speak- children online, some recently dealing doing something about protecting er, I thank the very distinguished gen- with financial services, issues, or med- Americans’ right to privacy when, in tleman from California for yielding me ical records. We continue to examine fact, it was not. Such a result would be those before the Committee on Com- this time. unfair to the American people.’’ Mr. Speaker, I would ask my col- merce and other committees of this I agree with the argument that the body. league if he is aware, I was the author gentleman from Louisiana (Mr. TAU- Recently, the Chamber of Commerce of the opt-in requirement on licensing ZIN) and others have made, and I would put on an extraordinary function at and registration of automobile vehi- urge my colleagues to oppose this leg- Lansdowne, Virginia where we brought cles, and it is working. But it was done islation. in private sector individuals and in a bipartisan way if the gentleman Mr. Speaker, I am glad to yield 2 learned a great deal more about the will recall and we had adequate infor- minutes to the gentleman from Massa- issue. The staff, as we speak, of the mation. chusetts (Mr. MARKEY). I would suggest to my colleague that Committee on Commerce is working Mr. MARKEY. Mr. Speaker, I thank if he has legislation that can pass that with my staff to see if we cannot have the gentleman from California for one additional hearing before we leave the authors of this bill would be more yielding me this time. Congress this year as we prepare for Mr. Speaker, let me give my col- than happy to sign on to that legisla- what the Committee on Commerce ex- leagues an illustration of the problem tion and support it. pects to do in this area next year. But that we have right now. The gentleman b 1530 the last thing we need to do, in my from Iowa (Mr. LEACH), Republican, opinion, is to give this issue to some We just want to get something done passed a bill earlier out of his com- commission to make decisions about that will work, that is constructive, mittee that would have given addi- these critical issues. and that is sustainable. Let me tell my colleagues about a re- tional opt-in protections for medical Mr. WAXMAN. Mr. Speaker, I yield port that GAO just did at the request information. It passed out of the Com- myself such time as I may consume to of the gentleman from Texas (Mr. mittee on Banking and Financial Serv- point out that the predecessor of the ices 26 to 14. That was back on June 29 ARMEY) and I. The gentleman from gentleman from California (Mr. HORN) of this year. The bill has not been Texas (Mr. ARMEY) and I asked GAO to of the committee that has the jurisdic- look at Federal Web sites to see how heard from since. tion over privacy legislation, the gen- well they protected privacy and to use It just sits over there with the lead- tleman from California (Mr. CONDIT), the FTC standard to find out which ership on the Republican side holding worked for many years on the issue of among our Federal sites were out of onto this bill even though, on a bipar- medical privacy; and, as a result, the line. tisan basis, Democrats and Republicans gentleman from California (Mr. Do my colleagues know how many have already come to an agreement CONDIT) introduced a bill that had con- sites on the Federal Web complied with that the financial records that include servatives to liberals in the House on the FTC guidelines? Three percent. sensitive medical information should his legislation. Fourteen percent of them had cookies. be protected with this extra level of an Rather than build on that legislation Everyone of them was gathering per- opt-in protection. and move it forward, the Republican sonal information. Only 23 percent met In addition, I mean, we can go down leadership let it languish. Rather than the test for security, which means the litany, the gentleman from Cali- work to resolve the issues of financial those Web sites are open to hackers fornia already went down earlier the privacy, the Republican leadership in every day. litany of bills which have been intro- the Congress has not brought that to The bottom line is the Federal Gov- duced in this Congress which are still the floor. What the Republican leader- ernment itself does not have its act in awaiting hearings, still awaiting delib- ship in the Congress has suggested we order. Our own Federal Web sites, 3 eration. But it is hard for Members of do about privacy is set up another com- percent only comply with the FTC. Congress to reach that bipartisan con- mission. And many of us fear that set- Yet, we are going to appoint a commis- sensus if no hearings are being held by ting up another commission is an ex- sion to tell us how the private sector the Republican leadership on these cuse not to move forward. That is why, should be adopting rules on privacy. very sensitive subjects. when this commission legislation was No, I think that is our responsibility. I And to basically subcontract out our brought before the committee, we think our responsibility is, number responsibility to a commission when wanted a mandatory deadline to force one, number one, to get the Federal the American public expects us to be actual action to protect people’s pri- Web sites in line so that, on the Fed- making those decisions ourselves, and vacy, not simply to continually study eral site where one has to give up infor- we have the capacity to do so, while we it. mation to the government, that infor- feign ignorance, we are basically say- So I regret we do not have legislation mation is protected properly; and then, ing there is an invincible ignorance on on the subject, and that is why I would two, for the Committee on Commerce our part, when we cannot understand urge that we do not agree to this bill and the legislature to come up with these issues, when in fact the reality is on suspension. I urge my colleagues to some good legislation for the private that, when we act on these issues, when vote ‘‘no.’’ sector. we move, the Republican leadership Mr. Speaker, I have no further re- Mr. WAXMAN. Mr. Speaker, I yield then blocks them from coming out here quests for time, and I yield back the myself such time as I may consume. on the floor because the industries that balance of my time.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8569 Mr. HORN. Mr. Speaker, I yield my- Legislation is urgently needed to set bound- some initial necessary safeguards to protect self such time as I may consume. aries and rules that are fair, reasonable, broad consumers’ medical records from misuse and Obviously, this is the only thing that and balanced. There are many such bills that abuse. is going to happen, and it sounds like a are pending in this Congress that would do I urge my colleagues to raise their voices in lot of bipartisanship that we pride our- much to advance the privacy agenda. Regret- support of real privacy legislation that will pro- selves on in our subcommittee, with tably, they have been bottled up in committee. vide comprehensive medical, financial, and the gentleman Texas (Mr. TURNER) and Among these bills are: Internet protections for all Americans. the gentlewoman from New York (Mrs. H.R. 4380, a bill developed by the adminis- Mr. DAVIS of Virginia. Mr. Speaker, I rise MALONEY) over the years, is somehow tration and introduced by Representative JOHN today in support of H.R. 4049, the Privacy missing here. LAFALCE (D–NY). The legislation would inform Commission Act. I am proud to be an original I am very sorry that the ranking and empower consumers in the area of finan- sponsor of this bill, which would be a signifi- Democrat on the full committee can- cial privacy by giving them the choice of say- cant step forward toward creating a com- not go along on this. If the gentleman ing ‘‘yes’’ or ‘‘no’’ before any disclosure of prehensive framework for the protection of knew he was going to kill it, why did their medical information that is gathered by fi- personal privacy. he not say it when we had it before the nancial institutions (which include insurers). It The Privacy Commission would be unique in full committee instead of playing would also allow consumers who chose to Congress because of its comprehensive ap- games here when we are getting near take the initiative to stop the transfer of other proach to dealing with the growing concern an election? personal financial information that would other- Americans have regarding the protection of Mr. Speaker, I yield the balance of wise take place. their personal privacy—whether that be online my time to the gentleman from Arkan- H.R. 4585, introduced by Representative JIM privacy, identity theft, or the protection of sas (Mr. HUTCHINSON), who spent a lot LEACH (R–Iowa) would also enhance financial health, medical, financial, and governmental of hours and weeks and months on this privacy protections by giving consumers an af- records. The Commission would be charged legislation. firmative ‘‘opt in’’ choice before their medical with investigating the problem of protecting Mr. HUTCHINSON. Mr. Speaker, how information could be shared by financial insti- personal privacy in a broad-based fashion, much time remains? tutions. The bill also features a federal private across-the-industry spectrum. After an exten- The SPEAKER pro tempore (Mr. right of action. It was marked up by the House sive 18 month investigation, the commission PEASE). The gentleman from Arkansas Banking Committee on June 29, where it was will then be required to recommend whether (Mr. HUTCHINSON) has 30 seconds. approved 26–14. additional legislation is necessary, what spe- Mr. HUTCHINSON. Mr. Speaker, one H.R. 1941, introduced by Representative cific proposals would be effective, and pro- thing I believe we agree on is that we GARY CONDIT (D–Calif.) would give consumers posals for non-governmental privacy protection want to go in the same direction in control over the use and disclosure of their efforts as well. protecting privacy. The bottom line medical records, and private health plans, This bipartisan commission would be com- here is that, for whatever reason, the physicians, insurers, employers, and others bill of the gentleman from Massachu- prised of 17 members representing experts of clear rules for how medical records should be various industries and organizations whose setts (Mr. MARKEY) is not moving handled. Consumers whose privacy was vio- work impacts individual’s personal privacy. through the Committee on Commerce. lated would have legal redress through a pri- Please do not disappoint people who Specifically, the commission would be rep- vate right of action. resenting federal, state, and local govern- want to do something about privacy by H.R. 4611, introduced by Representative ments; business and industry groups; aca- saying we are not going to do anything EDWARD MARKEY (D–Mass.) features the ad- demics; consumer groups; financial services this year. This is our only opportunity. ministration’s proposals to strengthen privacy groups; public policy and advocacy groups; I hope we can come back and do some- protections for use of Social Security numbers. medical groups; civil liberties experts; and the thing in the Committee on Commerce, H.R. 3321, introduced by Representative media, though it is not limited to just these but I also hope this bill can pass this MARKEY and Representative BILL LUTHER (D– areas. year, and I ask for my colleagues’ sup- Minn.) would provide comprehensive privacy port. protections on the Internet. Mr. Speaker, in these times of rapidly Mr. STARK. Mr. Speaker, enactment of fed- H.R. 4857, introduced by Representative changing technology, people are uncertain eral legislation to protect the medical privacy CLAY SHAW (R–Fla.) and JERRY KLECZKA (D– and fearful about who has access to their per- of Americans has been a subject of congres- Wisc.) was approved last week by the House sonal information and how that information is sional debate for years. More recently, with Ways and Means Committee, and aims to being used. The Privacy Commission would passage of the financial modernization legisla- curb identity theft with new rules restricting examine the entire spectrum of privacy issues tion last year, financial privacy has been on abuse of Social Security numbers. No floor ac- and find solutions that will aggressively protect the minds of millions, and electronic privacy tion on the bill has yet been scheduled. these growing concerns. I urge all my col- concerns are becoming a major source of fric- By comparison, the bill on today’s suspen- leagues to vote in support of the Privacy Com- tion for dot.com companies and consumers. sion calendar, the Privacy Commission Act mission Act. Legislative solutions in these areas are not (H.R. 4049) offers no solutions. Instead, it Ms. SLAUGHTER. Mr. Speaker, I rise in op- simple. Inevitably, the rules that will do the calls for a 17-member commission to spend position to H.R. 4049, the Privacy Commission most to protect consumers cause affected 18 months and $5 million to figure out what to Act. businesses to object that they would be bur- do. There is nothing inherently wrong with As my colleagues know, this legislation densome and costly. But reasonable solutions studying privacy. But the majority party, in put- would establish a commission to study various are needed, or the fears that many harbor ting only this legislation on the floor during the aspects of privacy—financial, medical, elec- now—that public and private entities they 106th Congress, misses the main point, which tronic, and so on—and make recommenda- know nothing about are somehow gaining ac- is that we need to be legislating—not sitting tions to Congress. The 15 commission mem- cess without their knowledge to intimate (and on our hands and waiting for input from a bers would have 18 months to complete their sometimes damaging and embarrassing) infor- commission that may or may not provide addi- work. mation about them—will increasingly cause tional worthwhile insights on crafting sound My objections to this bill have little to do privacy-protective consumers to take extreme privacy policy in 2002. with its actual substance. If the majority pre- measures to avoid releasing as much personal Nor do we need a commission to second- fers to study an issue rather than act upon it, information as possible. Or, they may simply guess the medical privacy regulations that will they are welcome to do so. I am deeply dis- decide to lie. soon be issued by the Department of Health turbed, however, that they would deny those Already, surveys tell us that some con- and Human Services. There are some in the of us who wish to act the opportunity to offer sumers are deciding not to seek certain med- health industry who are hoping a commission amendments. ical treatments—genetic tests in particular— will call for further delay in the date on when In many cases, we know privacy does not because they fear that the results could render the HHS regulations take effect, and who will exist, and we know how to provide the protec- them uninsurable. On the other hand, insurers use the commission to raise hypothetical con- tions that American consumers are demand- insist that they have a right to seek and de- cerns about their workability and cost. Yet the ing. Just last week, the Institute for Health mand as much information as possible in regulations are already subject to a 2-year im- Freedom released a Gallup survey finding that order to accurately determine risk and pre- plementation timeline, giving stakeholders a 78 percent of those polled considered it very miums. long lead-time to prepare and put in place important that their medical records be kept

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 D:\DOCS\H02OC0.REC H02OC0 H8570 CONGRESSIONAL RECORD — HOUSE October 2, 2000 confidential. Individuals are particularly con- genetic discrimination in determining eligibility The SPEAKER pro tempore. Pursu- cerned about their genetic privacy. Genetic in- for health insurance and employment. Polls ant to clause 8, rule XX and the Chair’s formation is perhaps the most personal infor- show that more than 80 percent of those sur- prior announcement, further pro- mation that can be learned about an indi- veyed are afraid that genetic information could ceedings on this motion will be post- vidual, and can have enormous ramifications be used against them. One hundred and sev- poned. for their future. As a result, Americans are es- enty-eight of our colleagues have signed a f pecially worried that their genetic information discharge petition to bring this matter to the ENHANCED FEDERAL SECURITY could fall into the wrong hands and be used floor for a vote. Outside medical professional ACT OF 2000 to undermine, rather than advance, their best groups, including the Director of the National interests. Human Genome Research Institute, support Mr. CANADY of Florida. Mr. Speak- I am proud to sponsor H.R. 2457, the Ge- the bill. The administration strongly support it, er, I move to suspend the rules and netic Nondiscrimination in Health Insurance and the platforms of both major national par- pass the bill (H.R. 4827) to amend title and Employment Act. As its title states, this ties include planks that call for legislation like 18, United States Code, to prevent the legislation would prevent insurers and employ- H.R. 2457. entry by false pretenses to any real ers from using genetic information to discrimi- Clearly, Members are ready to act on ge- property, vessel, or aircraft of the nate against individuals. The bill has the sup- netic privacy, yet the Republican House lead- United States or secure area of any air- port of dozens of organizations, as well as ership says we can’t. The chairman of the port, to prevent the misuse of genuine over 130 bipartisan cosponsors. It was devel- Commerce Committee has repeatedly rejected and counterfeit police badges by those oped with the review and input of all the requests from Democratic Members to let the seeking to commit a crime, and for stakeholders, including consumers, health committee act on this important legislation. In other purposes, as amended. care professionals, and providers. H.R. 2457 fact, Republican leadership won’t even permit The Clerk read as follows: has been enthusiastically endorsed by the ad- an amendment prohibiting genetic discrimina- H.R. 4827 ministration, and the President has called re- tion to be offered to the matter before us. Be it enacted by the Senate and House of Rep- peatedly for its passage. That’s just plain wrong, and the Republican resentatives of the United States of America in Nevertheless, this legislation languishes in majority should not be allowed to cite passage Congress assembled, committee without so much as a hearing. The of this meaningless commission bill as evi- SECTION 1. SHORT TITLE. majority has buried this reasonable, respon- dence that they have concerns for consumer This Act may be cited as the ‘‘Enhanced Fed- sible, timely legislation in favor of establishing privacy. If they truly were concerned about eral Security Act of 2000’’. a commission that will, in this case, simply tell consumer privacy we’d be considering Mrs. SEC. 2. ENTRY BY FALSE PRETENSES TO ANY us what we already know. REAL PROPERTY, VESSEL, OR AIR- SLAUGHTER’s bill, or others like it that are in- I have traveled all over the nation to discuss CRAFT OF THE UNITED STATES, OR tended to legally protect consumer privacy, not genetic discrimination issues. At every turn, I SECURE AREA OF AIRPORT. just study it. At the very least, Members am approached by individuals who tell me that (a) IN GENERAL.—Chapter 47 of title 18, should have the right to amend this bill with United States Code, is amended by adding at the they would like to take a genetic test, but have proposals that provide consumers real and end the following: decided not to do so because they are afraid needed protection. ‘‘§ 1036. Entry by false pretenses to any real the results will be obtained by their insurer or Mr. Speaker, I urge my colleagues to vote property, vessel, or aircraft of the United employer. I am contacted by doctors who say ‘‘no’’ on H.R. 4049. States or secure area of any airport that their relationships with their patients are Mr. WATTS of Oklahoma. Mr. Speaker ‘‘(a) Whoever, by any fraud or false pretense, being damaged because patients are afraid to today I rise in support of H.R. 4049, the Pri- enters or attempts to enter— have notes about a genetic disorder in their vacy Commission Act. I commend the gen- ‘‘(1) any real property belonging in whole or medical records. I receive calls and letters in part to, or leased by, the United States; tleman from Arkansas, Mr. HUTCHINSON, on from researchers who tell me that it is getting ‘‘(2) any vessel or aircraft belonging in whole this fine piece of legislation. more difficult every year to recruit participants or in part to, or leased by, the United States; or Mr. Speaker, as we enter into this new mil- in genetic research. ‘‘(3) any secure area of any airport; Congress has already waited too long to act lennium, the Internet has taken the American shall be punished as provided in subsection (b) on this issue. We cannot waste any more time economy to unseen levels of prosperity. The of this section. ‘‘(b) The punishment for an offense under by deferring to a commission that will not re- Internet has contributed to a stock market which has reached unimaginable highs. subsection (a) of this section is— port for a year and a half. I urge my col- ‘‘(1) a fine under this title or imprisonment for leagues to vote against H.R. 4049, and to call However, with this amazing new medium, we must be cautious of the privacy of individ- not more than five years, or both, if the offense for its consideration under regular order. is committed with the intent to commit a felony; Mr. DINGELL. Mr. Speaker, I rise in opposi- uals. The Internet, this storehouse of financial, or tion to H.R. 4049, the ‘‘Privacy Commission personal and medical information can be eas- ‘‘(2) a fine under this title or imprisonment for Act.’’ ily abused and unjustly destroy people’s credit, not more than six months, or both, in any other We don’t need a commission to study con- reputation and security. America’s families case. sumer privacy rights. Consumers either have have a right to be concerned.’’ This Congress ‘‘(c) As used in this section— the right to determine how personal informa- must take steps to assure families that their ‘‘(1) the term ‘secure area’ means an area ac- cess to which is restricted by the airport author- tion they gave others will be used, or they privacy will be protected in the modern age. This piece of legislation will create a bipar- ity or a public agency; and don’t. In my view, consumers deserve this ‘‘(2) the term ‘airport’ has the meaning given right. Spending 18 months studying privacy tisan committee to study privacy and its pro- such term in section 47102 of title 49.’’. and $5 million of the taxpayers money will not tection. Mr. Speaker this legislation will take (b) CLERICAL AMENDMENT.—The table of sec- bring us any closer to deciding this funda- monumental steps in protecting individual pri- tions at the beginning of chapter 47 of title 18, mental issue. Only Members of the Congress, vacy in the 21st Century. This commission will United States Code, is amended by adding at the not members of a study commission, can de- spend 18 months discussing the question of end the following new item: cide whether to protect consumer privacy. privacy, and find the answers to these ques- ‘‘1036. Entry by false pretenses to any real prop- What consumers are demanding is a simple tions. erty, vessel, or aircraft of the and clear statement from Congress that Mr. Speaker, I support this important piece United States or secure area of banks, insurance companies, securities firms, of legislation and urge my colleagues to vote any airport.’’. HMO’s, and other entities cannot disseminate yes on H.R. 4049, the Privacy Commission SEC. 3. POLICE BADGES. or use personal information in ways the con- Act. (a) IN GENERAL.—Chapter 33 of title 18, sumer has not approved. That’s not a com- The SPEAKER pro tempore. The United States Code, is amended by adding at the end the following: plicated concept, although many who don’t question is on the motion offered by want to protect consumer privacy will maintain the gentleman from California (Mr. ‘‘§ 716. Police badges that it is. One hundred and thirty-eight of our HORN) that the House suspend the rules ‘‘(a) Whoever— colleagues are cosponsors of one such bill and pass the bill, H.R. 4049, as amend- ‘‘(1) knowingly transfers, transports, or re- ceives, in interstate or foreign commerce, a that we should have the opportunity to con- ed. counterfeit police badge; sider either as an amendment to the bill be- The question was taken. ‘‘(2) knowingly transfers, in interstate or for- fore us or on its own. Mr. WAXMAN. Mr. Speaker, on that eign commerce, a genuine police badge to an in- That legislation, H.R. 2457, is sponsored by I demand the yeas and nays. dividual, knowing that such individual is not our colleague, Mrs. SLAUGHTER, and prohibits The yeas and nays were ordered. authorized to possess it under the law of the

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 6333 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8571 place in which the badge is the official badge of At that hearing, GAO special agents among those not authorized to possess the police; testified that, while posing as plain- such a badge. There is no attempt to ‘‘(3) knowingly receives a genuine police clothes law enforcement officers, they harm collectors in any way. These are badge in a transfer prohibited by paragraph (2); or targeted and penetrated 19 secure Fed- just people that are crooks and are rap- ‘‘(4) being a person not authorized to possess eral buildings and two airports using ists, and there are a whole series of a genuine police badge under the law of the fake police badges and credentials. In these. place in which the badge is the official badge of every case, these agents were able to There is currently no Federal law the police, knowingly transports that badge in enter agency buildings and secure air- dealing with counterfeit badges of interstate or foreign commerce; port areas while claiming to be armed State and local law enforcement agen- shall be fined under this title or imprisoned not and carrying briefcases, which were cies. Existing law only prohibits the more than six months, or both. unauthorized sale or possession of a ‘‘(b) It is a defense to a prosecution under this never searched, and were big enough to section that the badge is used or is intended to be packed with large quantities of ex- Federal Government badge. H.R. 4827 be used exclusively— plosives, chemical or biological agents. complements existing law by prohib- ‘‘(1) as a memento, or in a collection or ex- The agencies penetrated included the iting the misuse of State and local law hibit; CIA, the Defense Department, the Pen- enforcement agency badges. ‘‘(2) for decorative purposes; tagon, the FBI, the Justice Depart- This problem first came to my atten- ‘‘(3) for a dramatic presentation, such as a ment, the State Department, and the tion when David Singer, police chief of theatrical, film, or television production; or Signal Hill, a wonderful little commu- ‘‘(4) for any other recreational purpose. Department of Energy. ‘‘(c) As used in this section— To address the serious threat to our nity in my district, informed me how ‘‘(1) the term ‘genuine police badge’ means an national security posed by individuals easy it is to obtain police badges. The official badge issued by public authority to iden- carrying fake badges and credentials, local Fox television affiliate in Los An- tify an individual as a law enforcement officer H.R. 4827 would do two things. First, it geles conducted an undercover inves- having police powers; and would make it a Federal crime to enter tigation in which the undercover re- ‘‘(2) the term ‘counterfeit police badge’ means or attempt to enter Federal property porter easily bought a fake Los Ange- an item that so resembles a police badge that it les Police Department badge, a Cali- would deceive an ordinary individual into be- or the secure area of an airport under lieving it was a genuine police badge.’’. false pretenses. A person entering such fornia Highway Patrol badge, and a (b) CLERICAL AMENDMENT.—The table of sec- property under false pretenses would be Signal Hill Police Department badge tions at the beginning of chapter 33 of title 18, subject to a fine and up to 6 months in for relatively low cost. United States Code, is amended by adding at the prison. Additionally, a person entering Earlier this year, at the request of end the following new item: such property under false pretenses, the gentleman from Florida (Mr. ‘‘716. Police badges.’’. with the intent to commit a felony, MCCOLLUM), chairman of the Sub- The SPEAKER pro tempore. Pursu- would be subject to a fine and up to 5 committee on Crime of the Committee ant to the rule, the gentleman from years in prison. on the Judiciary, the General Account- Florida (Mr. CANADY) and the gen- H.R. 4827 would also prohibit traf- ing Office, as we all heard, conducted tleman from Virginia (Mr. SCOTT) each ficking in genuine and counterfeit po- an undercover investigation of security will control 20 minutes. lice badges in interstate or foreign in Federal Government buildings. This The Chair recognizes the gentleman commerce. A person trafficking in po- investigation revealed critical lapses in from Florida (Mr. CANADY). lice badges would be subject to a fine policy, and the gentleman from Florida GENERAL LEAVE and up to 6 months in prison. (Mr. CANADY) has covered that. Mr. CANADY of Florida. Mr. Speak- The bill creates a defense to prosecu- These undercover agents flashed fake er, I ask unanimous consent that all tion to protect those who possess a law enforcement badges, which were Members may have 5 legislative days badge as a memento, in a collection or easily obtained through the Internet, within which to revise and extend their exhibit, for decorative purposes, for to penetrate secure areas in 19 govern- remarks on H.R. 4827, the legislation dramatic presentation, or for rec- ment offices and two major airports. under consideration. reational purposes. The General Accounting Office agents The SPEAKER pro tempore. Is there Mr. Speaker, I want to thank the acquired the fake badges from public objection to the request of the gen- gentleman from California (Mr. HORN) sources. Counterfeit law enforcement tleman from Florida? for introducing this bill and the gen- identification was created using com- There was no objection. tleman from Virginia (Mr. SCOTT) for mercially available information Mr. CANADY of Florida. Mr. Speak- working with us to improve it in the downloaded from the Internet. The er, I yield myself such time as I may Committee on the Judiciary. This bill ease with which the General Account- consume. is an important step towards closing a ing Office agents were able to pene- Mr. Speaker, I rise in support of H.R. major gap in security that currently trate security suggests that the same 4827, the Enhanced Federal Security exists at our Nation’s most secure opportunity exists for criminals to as- Act of 2000. H.R. 4827 will help make buildings and airports. We live in a sume false identities and engage in our Federal buildings and airports time that some people call the age of criminal behavior. more secure by making it a Federal terrorism. It is a time that calls for Fake badges are especially dangerous crime to enter or attempt to enter Fed- heightened vigilance and security. We when used to commit crimes against eral property under false pretenses. Ad- must do all we can to thwart and pun- innocent individuals who trust in the ditionally, the bill will prohibit the ish those who would threaten our pub- authority of law enforcement officials. trafficking in genuine and counterfeit lic safety and national security. In two separate incidents in Tampa, police badges, which can be used by Mr. Speaker, I urge all my colleagues Florida, an unidentified man at- criminals, terrorists, and foreign intel- to support this important piece of leg- tempted to abduct a young boy by ligence agents to obtain unauthorized islation. using a fake police badge. In Chicago, access to these secure facilities or to Mr. Speaker, I yield 5 minutes to the Illinois, police recently arrested a sus- commit other crimes. gentleman from California (Mr. HORN). pect who used a fake police badge to The gentleman from California (Mr. Mr. HORN. Mr. Speaker, H.R. 4827, as commit a series of home invasion and HORN) introduced H.R. 4827 in July, and the gentleman noted, seeks to prohibit sexual assaults against women. Just it was reported by voice vote from the those who abuse forms of false identi- last week a Newark man was charged Committee on the Judiciary on Sep- fication, including the law enforcement with illegal weapons possession and im- tember 20. The gentleman from Cali- badge, from committing crimes against personating an officer. After his arrest fornia drafted this bill in response to innocent people. for drunken driving, an investigation the findings of an oversight investiga- This legislation prohibits entry revealed that he was using a fake New- tion conducted by the Subcommittee under false pretense to Federal Govern- ark police badge to avoid arrest and on Crime, made public at a hearing on ment buildings and the secure area of mislead his family and friends. May 25 of this year, which revealed se- any airport, but it also bans the inter- Although the bill is focused on curb- rious breaches of security at Federal state and foreign trafficking of coun- ing the criminal activity associated buildings and airports. terfeit and genuine police badges with misuse of the badge, concern has

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8572 CONGRESSIONAL RECORD — HOUSE October 2, 2000 been voiced, as I noted earlier, by le- vulnerabilities of Federal agencies Ms. JACKSON-LEE of Texas. Mr. Speaker, gitimate badge collectors, and we have which were exposed in May of 2000 the light that has been shed on the Breaches met their concerns. H.R. 4827 includes without sacrificing individual liberties of Security at Federal Agencies and Airports exceptions for cases where the badge is or imposing penalties out of proportion by the General Accounting Office’s (GAO), Of- used exclusively in a collection or ex- with the underlying crime. I, therefore, fice of Special Investigation (OSI) is extremely hibit, for decorative purposes, or for a commend the gentleman from Cali- disturbing to me. The GAO’s security test of dramatic presentation such as a the- fornia (Mr. HORN), the chairman of the federal agencies resulted in the OSI being ater film or television production. subcommittee, the gentleman from able to breach security at each of the nineteen H.R. 4827 has bipartisan support as Florida (Mr. MCCOLLUM), and the gen- federal agencies it visited, and two airports. well as the support of the Fraternal tleman from Florida (Mr. CANADY) for Mr. Speaker, the Judiciary committee’s in- Order of Police, the International their work on this matter; and I urge vestigation has highlighted the practicing of Brotherhood of Police Officers, the my colleagues to support the legisla- selling stolen and counterfeit police badges on California Peace Officers Association, tion. the internet and other sources, and the poten- and the California Narcotics Officers Mr. Speaker, I have no further re- tial to use these items for illegal purposes in- Association. Mr. Speaker, I urge my quests for time, and I yield back the cluding breaching the security at through the colleagues to support and pass H.R. balance of my time. vessels of our Nation’s security is very alarm- 4827. Mr. CANADY of Florida. Mr. Speak- ing, to put it mildly, and has led us to hold Mr. SCOTT. Mr. Speaker, I yield my- er, I yield 2 minutes to the gentleman very informative oversight hearings on these self such time as I may consume, and I from Michigan (Mr. CAMP). breaches. rise in support of the Enhanced Federal Mr. CAMP. Mr. Speaker, I thank the GAO agents testified that they breached the Security Act of 2000, which addresses in gentleman from Florida for yielding offices of several of the Administration’s cabi- me this time. part the vulnerabilities of Federal net heads including the Pentagon, Department Mr. Speaker, I would like to thank agencies, which were exposed by the of Treasury and Department of Commerce. In the gentleman from Illinois (Mr. May 2000 GAO investigatory report re- each of these cases, the agents testified that ferred to by the gentleman from Flor- HYDE), chairman of the Committee on the Judiciary, for all of his work, and after producing false badges purchased over ida (Mr. CANADY). the internet, they were waved through check In its original form, this bill would the work of the entire committee for points with their weapons and bags that could make it a Federal crime to enter or at- their work on this bill. I would also have contained explosive devices. In fact, the tempt to enter Federal property or a like to thank the gentleman from Cali- agents testified that on several occasions they secure area of an airport under false fornia (Mr. HORN) for his leadership in were left unescorted as they wandered pretenses. The person who enters Fed- writing and drafting this bill. It is real- eral property under false pretenses is ly about the safety of our citizens, and through the personal offices of several cabinet subject to a fine of up to 2 years in I believe he should be duly recognized heads. Under the bill, anyone who enters federal prison. If such an entry were done with for his efforts. property or a secure airport by posing as a po- the intent to commit a crime, the per- b 1545 son would be punished with a fine and lice officer would be subject to a fine and up up to 5 years in prison. On June 29, the gentleman from Cali- to 6 months in prison. If that person intends to The bill would also prohibit traf- fornia (Mr. HORN) brought H.R. 4827 be- commit a felony, the felony would be a fine ficking in police badges, whether real fore the Speaker’s Advisory Group on and up to 5 years in prison. or counterfeit. A person trafficking in Corrections. The Corrections Group is H.R. 4827 also prohibits transfer, transport badges would be subject to a fine and a bipartisan group that seeks to fix, or receipt of a counterfeit police badge up to 6 months in prison. A person is, update or repeal outdated or unneces- through interstate or foreign commerce and however, permitted to possess a badge sary laws, rules or regulations. This provides a penalty of a fine and up to 6 or badges in a collection or exhibit, for bill received unanimous support from months in prison for doing so. This prohibition decorative purposes, or for dramatic the Corrections Advisory Group. also applies to individuals who transfer a real presentations such as a theatrical film Earlier this year, agents of the Gen- police badge to someone who is not author- or television production. eral Accounting Office were able to ized to have it. Mr. Speaker, at the Subcommittee on enter Government buildings with ease Mr. Speaker, I support this legislation and Crime’s mark of this legislation, I indi- by flashing fake badges and pretending urge my colleagues to pass this common- cated that, while I support the purpose to be law enforcement officers. These sense bill. We must not delay to act when the of the bill, I had concerns regarding agents used badges purchased over the security of our Nation’s fortress is in question. certain provisions. Following discus- Internet. The agents passed through se- Mr. CANADY of Florida. Mr. Speak- sions between our staffs, the chairman curity at two airports without going er, having no further requests for time, of the subcommittee, the gentleman through the regular security measures. I yield back the balance of my time. from Florida (Mr. MCCOLLUM), offered Agents were also able to enter the Jus- The SPEAKER pro tempore (Mr. an amendment at the full committee tice Department, State Department, PEASE). The question is on the motion which addressed my concerns and FBI Headquarters, and the Pentagon. offered by the gentleman from Florida which were ultimately adopted by the H.R. 4827 would prohibit the transfer, (Mr. CANADY) that the House suspend Committee on the Judiciary. transport or receiving in interstate or the rules and pass the bill, H.R. 4827, as Specifically, the amendment reduced foreign commerce of a counterfeit or a amended. the possible term of imprisonment for genuine police badge to an individual The question was taken; and (two- simple trespass from 2 years to 6 not authorized to possess such a badge. thirds having voted in favor thereof) months, a term which is consistent The bill would also make it a crime to the rules were suspended and the bill, with other Federal criminal trespass enter a Government building under as amended, was passed. provisions. Further, the amendment false pretenses. A motion to reconsider was laid on provides that the felony provisions I am proud as chairman of the Advi- the table. under the law require entry by false sory Group and as a cosponsor to be f pretenses with the intent to commit a here today speaking in favor of H.R. DNA ANALYSIS BACKLOG felony, as opposed to any crime, which 4827 and would urge support of this ELIMINATION ACT OF 2000 the original bill provided. measure. Finally, the amendment makes it Mr. CANADY of Florida. Mr. Speak- Mr. CANADY of Florida. Mr. Speak- clear that transferring, transporting, er, I yield myself such time as I may er, I move to suspend the rules and or receiving a replica of a police badge consume. pass the bill (H.R. 4640) to make grants as a memento or for recreational pur- Mr. Speaker, I want to join in con- to States for carrying out DNA anal- poses, such as a toy, would not con- gratulating the gentleman from Cali- yses for use in the Combined DNA stitute a criminal offense under the fornia (Mr. HORN) for his leadership. I Index System of the Federal Bureau of bill. would like to again thank the gen- Investigation, to provide for the collec- Mr. Speaker, with those changes, I tleman from Virginia (Mr. SCOTT) for tion and analysis of DNA samples from believe that H.R. 4827 addresses the his cooperation. certain violent and sexual offenders for

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8573 use in such system, and for other pur- considers adequate to assure the quality of a (B) $50,000,000 for fiscal year 2002; poses, as amended. forensic laboratory. (C) $25,000,000 for fiscal year 2003; and The Clerk read as follows: (B) For purposes of this section, a labora- (D) $25,000,000 for fiscal year 2004. tory satisfies quality assurance standards if SEC. 3. COLLECTION AND USE OF DNA IDENTI- H.R. 4640 the laboratory satisfies the quality control FICATION INFORMATION FROM CER- Be it enacted by the Senate and House of Rep- requirements described in paragraphs (1) and TAIN FEDERAL OFFENDERS. resentatives of the United States of America in (2) of section 210304(b) of the Violent Crime (a) COLLECTION OF DNA SAMPLES.— Congress assembled, Control and Law Enforcement Act of 1994 (42 (1) FROM INDIVIDUALS IN CUSTODY.—The Di- SECTION 1. SHORT TITLE. U.S.C. 14132(b)). rector of the Bureau of Prisons shall collect This Act may be cited as the ‘‘DNA Anal- (3) USE OF VOUCHERS FOR CERTAIN PUR- a DNA sample from each individual in the ysis Backlog Elimination Act of 2000’’. POSES.—A grant for the purposes specified in custody of the Bureau of Prisons who is, or has been, convicted of a qualifying Federal SEC. 2. AUTHORIZATION OF GRANTS. paragraph (1) or (2) of subsection (a) may be offense (as determined under subsection (d)) (a) AUTHORIZATION OF GRANTS.—The Attor- made in the form of a voucher for laboratory or a qualifying military offense, as deter- ney General may make grants to eligible services, which may be redeemed at a labora- mined under section 1565 of title 10, United States for use by the State for the following tory operated by a private entity approved States Code. purposes: by the Attorney General that satisfies qual- (2) FROM INDIVIDUALS ON RELEASE, PAROLE, (1) To carry out, for inclusion in the Com- ity assurance standards. The Attorney Gen- OR PROBATION.—The probation office respon- bined DNA Index System of the Federal Bu- eral may make payment to such a laboratory sible for the supervision under Federal law of reau of Investigation, DNA analyses of sam- for the analysis of DNA samples using an individual on probation, parole, or super- ples taken from individuals convicted of a amounts authorized for those purposes under vised release shall collect a DNA sample qualifying State offense (as determined subsection (j). from each such individual who is, or has under subsection (b)(3)). (e) RESTRICTIONS ON USE OF FUNDS.— been, convicted of a qualifying Federal of- (2) To carry out, for inclusion in such Com- (1) NONSUPPLANTING.—Funds made avail- fense (as determined under subsection (d)) or bined DNA Index System, DNA analyses of able pursuant to this section shall not be a qualifying military offense, as determined samples from crime scenes. used to supplant State funds, but shall be under section 1565 of title 10, United States (3) To increase the capacity of laboratories used to increase the amount of funds that Code. owned by the State or by units of local gov- would, in the absence of Federal funds, be (3) INDIVIDUALS ALREADY IN CODIS.—For ernment within the State to carry out DNA made available from State sources for the each individual described in paragraph (1) or analyses of samples specified in paragraph purposes of this Act. (2), if the Combined DNA Index System (in (2). (2) ADMINISTRATIVE COSTS.—A State may not use more than three percent of the funds this section referred to as ‘‘CODIS’’) of the (b) ELIGIBILITY.—For a State to be eligible Federal Bureau of Investigation contains a to receive a grant under this section, the it receives from this section for administra- DNA analysis with respect to that indi- chief executive officer of the State shall sub- tive expenses. (f) REPORTS TO THE ATTORNEY GENERAL.— vidual, or if a DNA sample has been collected mit to the Attorney General an application Each State which receives a grant under this from that individual under section 1565 of in such form and containing such informa- section shall submit to the Attorney Gen- title 10, United States Code, the Director of tion as the Attorney General may require. eral, for each year in which funds from a the Bureau of Prisons or the probation office The application shall— grant received under this section is ex- responsible (as applicable) may (but need (1) provide assurances that the State has pended, a report at such time and in such not) collect a DNA sample from that indi- implemented, or will implement not later manner as the Attorney General may reason- vidual. than 120 days after the date of such applica- ably require, which contains— (4) COLLECTION PROCEDURES.—(A) The Di- tion, a comprehensive plan for the expedi- (1) a summary of the activities carried out rector of the Bureau of Prisons or the proba- tious DNA analysis of samples in accordance under the grant and an assessment of wheth- tion office responsible (as applicable) may with this section; er such activities are meeting the needs use or authorize the use of such means as are (2) include a certification that each DNA identified in the application; and reasonably necessary to detain, restrain, and analysis carried out under the plan shall be (2) such other information as the Attorney collect a DNA sample from an individual who maintained pursuant to the privacy require- General may require. refuses to cooperate in the collection of the ments described in section 210304(b)(3) of the (g) REPORTS TO CONGRESS.—Not later than sample. Violent Crime Control and Law Enforcement 90 days after the end of each fiscal year for (B) The Director of the Bureau of Prisons Act of 1994 (42 U.S.C. 14132(b)(3)); which grants are made under this section, or the probation office, as appropriate, may (3) include a certification that the State the Attorney General shall submit to the enter into agreements with units of State or has determined, by statute, rule, or regula- Congress a report that includes— local government or with private entities to tion, those offenses under State law that (1) the aggregate amount of grants made provide for the collection of the samples de- shall be treated for purposes of this section under this section to each State for such fis- scribed in paragraph (1) or (2). as qualifying State offenses; cal year; and (5) CRIMINAL PENALTY.—An individual from (4) specify the allocation that the State (2) a summary of the information provided whom the collection of a DNA sample is au- shall make, in using grant amounts to carry by States receiving grants under this sec- thorized under this subsection who fails to out DNA analyses of samples, as between tion. cooperate in the collection of that sample samples specified in subsection (a)(1) and (h) EXPENDITURE RECORDS.— shall be— samples specified in subsection (a)(2); and (1) IN GENERAL.—Each State which receives (A) guilty of a class A misdemeanor; and (5) specify that portion of grant amounts a grant under this section shall keep records (B) punished in accordance with title 18, that the State shall use for the purpose spec- as the Attorney General may require to fa- United States Code. ified in subsection (a)(3). cilitate an effective audit of the receipt and (b) ANALYSIS AND USE OF SAMPLES.—The (c) CRIMES WITHOUT SUSPECTS.—A State use of grant funds received under this sec- Director of the Bureau of Prisons or the pro- that proposes to allocate grant amounts tion. bation office responsible (as applicable) shall under paragraph (4) or (5) of subsection (b) (2) ACCESS.—Each State which receives a furnish each DNA sample collected under for the purposes specified in paragraph (2) or grant under this section shall make avail- subsection (a) to the Director of the Federal (3) of subsection (a) shall use such allocated able, for the purpose of audit and examina- Bureau of Investigation, who shall carry out amounts to conduct or facilitate DNA anal- tion, such records as are related to the re- a DNA analysis on each such DNA sample yses of those samples that relate to crimes ceipt or use of any such grant. and include the results in CODIS. in connection with which there are no sus- (i) DEFINITION.—For purposes of this sec- (c) DEFINITIONS.—In this section: pects. tion, the term ‘‘State’’ means a State of the (1) The term ‘‘DNA sample’’ means a tis- (d) ANALYSIS OF SAMPLES.— United States, the District of Columbia, the sue, fluid, or other bodily sample of an indi- (1) IN GENERAL.—The plan shall require Commonwealth of Puerto Rico, the United vidual on which a DNA analysis can be car- that, except as provided in paragraph (3), States Virgin Islands, American Samoa, ried out. each DNA analysis be carried out in a lab- Guam, and the Northern Mariana Islands. (2) The term ‘‘DNA analysis’’ means anal- oratory that satisfies quality assurance (j) AUTHORIZATION OF APPROPRIATIONS.— ysis of the deoxyribonucleic acid (DNA) iden- standards and is— Amounts are authorized to be appropriated tification information in a bodily sample. (A) operated by the State or a unit of local to the Attorney General for grants under (d) QUALIFYING FEDERAL OFFENSES.—(1) government within the State; or subsection (a) as follows: The offenses that shall be treated for pur- (B) operated by a private entity pursuant (1) For grants for the purposes specified in poses of this section as qualifying Federal of- to a contract with the State or a unit of paragraph (1) of such subsection— fenses are the following offenses under title local government within the State. (A) $15,000,000 for fiscal year 2001; 18, United States Code, as determined by the (2) QUALITY ASSURANCE STANDARDS.—(A) (B) $15,000,000 for fiscal year 2002; and Attorney General: The Director of the Federal Bureau of Inves- (C) $15,000,000 for fiscal year 2003. (A) Murder (as described in section 1111 of tigation shall maintain and make available (2) For grants for the purposes specified in such title), voluntary manslaughter (as de- to States a description of quality assurance paragraphs (2) and (3) of such subsection— scribed in section 1112 of such title), or other protocols and practices that the Director (A) $25,000,000 for fiscal year 2001; offense relating to homicide (as described in

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8574 CONGRESSIONAL RECORD — HOUSE October 2, 2000 chapter 51 of such title, sections 1113, 1114, ernment or with private entities to provide (2) furnish the results of each such analysis 1116, 1118, 1119, 1120, and 1121). for the collection of the samples described in to the Director of the Federal Bureau of In- (B) An offense relating to sexual abuse (as paragraph (1) or (2). vestigation for inclusion in CODIS. described in chapter 109A of such title, sec- (5) CRIMINAL PENALTY.—An individual from ‘‘(c) DEFINITIONS.—In this section: tions 2241 through 2245), to sexual exploi- whom the collection of a DNA sample is au- ‘‘(1) The term ‘DNA sample’ means a tis- tation or other abuse of children (as de- thorized under this subsection who fails to sue, fluid, or other bodily sample of an indi- scribed in chapter 110 of such title, sections cooperate in the collection of that sample vidual on which a DNA analysis can be car- 2251 through 2252), or to transportation for il- shall be— ried out. legal sexual activity (as described in chapter (A) guilty of a class A misdemeanor; and ‘‘(2) The term ‘DNA analysis’ means anal- 117 of such title, sections 2421, 2422, 2423, and (B) punished in accordance with title 18, ysis of the deoxyribonucleic acid (DNA) iden- 2425). United States Code. tification information in a bodily sample. (C) An offense relating to peonage and (b) ANALYSIS AND USE OF SAMPLES.—The ‘‘(d) QUALIFYING MILITARY OFFENSES.—(1) slavery (as described in chapter 77 of such Director of the Bureau of Prisons or Agency Subject to paragraph (2), the Secretary of title). (as applicable) shall furnish each DNA sam- Defense, in consultation with the Attorney (D) Kidnapping (as defined in section ple collected under subsection (a) to the Di- General, shall determine those felony or sex- 3559(c)(2)(E) of such title). rector of the Federal Bureau of Investiga- ual offenses under the Uniform Code of Mili- (E) An offense involving robbery or bur- tion, who shall carry out a DNA analysis on tary Justice that shall be treated for pur- glary (as described in chapter 103 of such each such DNA sample and include the re- poses of this section as qualifying military title, sections 2111 through 2114, 2116, and sults in CODIS. offenses. 2118 through 2119). (c) DEFINITIONS.—In this section: ‘‘(2) An offense under the Uniform Code of (F) Any violation of section 1153 involving (1) The term ‘‘DNA sample’’ means a tis- Military Justice that is comparable to a murder, manslaughter, kidnapping, maim- sue, fluid, or other bodily sample of an indi- qualifying Federal offense (as determined ing, a felony offense relating to sexual abuse vidual on which a DNA analysis can be car- under section 3(d) of the DNA Analysis Back- (as described in chapter 109A), incest, arson, ried out. log Elimination Act of 2000), as determined burglary, or robbery. (2) The term ‘‘DNA analysis’’ means anal- by the Secretary in consultation with the (G) Any attempt or conspiracy to commit ysis of the deoxyribonucleic acid (DNA) iden- Attorney General, shall be treated for pur- any of the above offenses. tification information in a bodily sample. poses of this section as a qualifying military (2) The initial determination of qualifying (d) QUALIFYING DISTRICT OF COLUMBIA OF- offense. Federal offenses shall be made not later than FENSES.—The Government of the District of ‘‘(e) EXPUNGEMENT.—(1) The Secretary of 120 days after the date of the enactment of Columbia may determine those offenses Defense shall promptly expunge, from the this Act. under the District of Columbia Code that index described in subsection (a) of section (e) REGULATIONS.— shall be treated for purposes of this section 210304 of the Violent Crime Control and Law (1) IN GENERAL.—Except as provided in as qualifying District of Columbia offenses. Enforcement Act of 1994, the DNA analysis of paragraph (2), this section shall be carried (e) COMMENCEMENT OF COLLECTION.—Collec- a person included in the index on the basis of out under regulations prescribed by the At- tion of DNA samples under subsection (a) a qualifying military offense if the Secretary torney General. shall, subject to the availability of appro- receives, for each conviction of the person of (2) PROBATION OFFICERS.—The Director of priations, commence not later than the date a qualifying offense, a certified copy of a the Administrative Office of the United that is 180 days after the date of the enact- final court order establishing that such con- States Courts shall make available model ment of this Act. viction has been overturned. procedures for the activities of probation of- (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) For purposes of paragraph (1), the ficers in carrying out this section. There are authorized to be appropriated to term ‘qualifying offense’ means any of the (f) COMMENCEMENT OF COLLECTION.—Collec- the Court Services and Offender Supervision following offenses: tion of DNA samples under subsection (a) Agency for the District of Columbia to carry ‘‘(A) A qualifying Federal offense, as deter- shall, subject to the availability of appro- out this section such sums as may be nec- mined under section 3 of the DNA Analysis priations, commence not later than the date essary for each of fiscal years 2001 through Backlog Elimination Act of 2000. that is 180 days after the date of the enact- 2005. ‘‘(B) A qualifying District of Columbia of- ment of this Act. SEC. 5. COLLECTION AND USE OF DNA IDENTI- fense, as determined under section 4 of the SEC. 4. COLLECTION AND USE OF DNA IDENTI- FICATION INFORMATION FROM CER- DNA Analysis Backlog Elimination Act of FICATION INFORMATION FROM CER- TAIN OFFENDERS IN THE ARMED 2000. TAIN DISTRICT OF COLUMBIA OF- FORCES. FENDERS. ‘‘(C) A qualifying military offense. (a) IN GENERAL.—(1) Chapter 80 of title 10, (a) COLLECTION OF DNA SAMPLES.— ‘‘(3) For purposes of paragraph (1), a court United States Code, is amended by adding at (1) FROM INDIVIDUALS IN CUSTODY.—The Di- order is not ‘final’ if time remains for an ap- the end the following new section: rector of the Bureau of Prisons shall collect peal or application for discretionary review a DNA sample from each individual in the ‘‘§ 1565. DNA identification information: col- with respect to the order. custody of the Bureau of Prisons who is, or lection from certain offenders; use ‘‘(f) REGULATIONS.—This section shall be has been, convicted of a qualifying District ‘‘(a) COLLECTION OF DNA SAMPLES.—(1) The carried out under regulations prescribed by of Columbia offense (as determined under Secretary concerned shall collect a DNA the Secretary of Defense, in consultation subsection (d)). sample from each member of the armed with the Secretary of Transportation and (2) FROM INDIVIDUALS ON RELEASE, PAROLE, forces under the Secretary’s jurisdiction who the Attorney General. Those regulations OR PROBATION.—The Director of the Court is, or has been, convicted of a qualifying shall apply, to the extent practicable, uni- Services and Offender Supervision Agency military offense (as determined under sub- formly throughout the armed forces.’’. for the District of Columbia shall collect a section (d)). (2) The table of sections at the beginning of DNA sample from each individual under the ‘‘(2) For each member described in para- such chapter is amended by adding at the supervision of the Agency who is on super- graph (1), if the Combined DNA Index Sys- end the following new item: vised release, parole, or probation who is, or tem (in this section referred to as ‘CODIS’) ‘‘1565. DNA identification information: col- has been, convicted of a qualifying District of the Federal Bureau of Investigation con- lection from certain offenders; of Columbia offense (as determined under tains a DNA analysis with respect to that use.’’. subsection (d)). member, or if a DNA sample has been or is to (b) INITIAL DETERMINATION OF QUALIFYING (3) INDIVIDUALS ALREADY IN CODIS.—For be collected from that member under section MILITARY OFFENSES.—The initial determina- each individual described in paragraph (1) or 3(a) of the DNA Analysis Backlog Elimi- tion of qualifying military offenses under (2), if the Combined DNA Index System (in nation Act of 2000, the Secretary concerned section 1565(d) of title 10, United States this section referred to as ‘‘CODIS’’) of the may (but need not) collect a DNA sample Code, as added by subsection (a)(1), shall be Federal Bureau of Investigation contains a from that member. made not later than 120 days after the date DNA analysis with respect to that indi- ‘‘(3) The Secretary concerned may enter of the enactment of this Act. vidual, the Director of the Bureau of Prisons into agreements with other Federal agencies, (c) COMMENCEMENT OF COLLECTION.—Collec- or Agency (as applicable) may (but need not) units of State or local government, or pri- tion of DNA samples under section 1565(a) of collect a DNA sample from that individual. vate entities to provide for the collection of such title, as added by subsection (a)(1), (4) COLLECTION PROCEDURES.—(A) The Di- samples described in paragraph (1). shall, subject to the availability of appro- rector of the Bureau of Prisons or Agency (as ‘‘(b) ANALYSIS AND USE OF SAMPLES.—The priations, commence not later than the date applicable) may use or authorize the use of Secretary concerned shall furnish each DNA that is 60 days after the date of the initial such means as are reasonably necessary to sample collected under subsection (a) to the determination referred to in subsection (b). detain, restrain, and collect a DNA sample Secretary of Defense. The Secretary of De- SEC. 6. EXPANSION OF DNA IDENTIFICATION from an individual who refuses to cooperate fense shall— INDEX. in the collection of the sample. (1) carry out a DNA analysis on each such (a) USE OF CERTAIN FUNDS.—Section (B) The Director of the Bureau of Prisons DNA sample in a manner that complies with 811(a)(2) of the Antiterrorism and Effective or Agency, as appropriate, may enter into the requirements for inclusion of that anal- Death Penalty Act of 1996 (28 U.S.C. 531 note) agreements with units of State or local gov- ysis in CODIS; and is amended to read as follows:

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‘‘(2) the Director of the Federal Bureau of (1) in paragraph (7), by striking ‘‘and’’ at (c) CRIMINAL PENALTY.—A person who Investigation shall expand the combined the end; knowingly— DNA Identification System (CODIS) to in- (2) in paragraph (8), by striking the period (1) discloses a sample or result described in clude analyses of DNA samples collected at the end and inserting ‘‘; and’’; and subsection (a) in any manner to any person from— (3) by inserting after paragraph (8) the fol- not authorized to receive it; or ‘‘(A) individuals convicted of a qualifying lowing: (2) obtains, without authorization, a sam- Federal offense, as determined under section ‘‘(9) that the defendant cooperate in the ple or result described in subsection (a), 3(d) of the DNA Analysis Backlog Elimi- collection of a DNA sample from the defend- shall be fined not more than $100,000. nation Act of 2000; ant if the collection of such a sample is au- The SPEAKER pro tempore. Pursu- ‘‘(B) individuals convicted of a qualifying thorized pursuant to section 3 of the DNA ant to the rule, the gentleman from District of Columbia offense, as determined Analysis Backlog Elimination Act of 2000.’’. Florida (Mr. CANADY) and the gen- under section 4(d) of the DNA Analysis Back- (b) CONDITIONS OF SUPERVISED RELEASE.— log Elimination Act of 2000; and Section 3583(d) of title 18, United States tleman from Virginia (Mr. SCOTT) each ‘‘(C) members of the Armed Forces con- Code, is amended by inserting before ‘‘The will control 20 minutes. victed of a qualifying military offense, as de- court shall also order’’ the following: ‘‘The The Chair recognizes the gentleman termined under section 1565(d) of title 10, court shall order, as an explicit condition of from Florida (Mr. CANADY). United States Code.’’. supervised release, that the defendant co- GENERAL LEAVE (b) INDEX TO FACILITATE LAW ENFORCEMENT operate in the collection of a DNA sample Mr. CANADY of Florida. Mr. Speak- EXCHANGE OF DNA IDENTIFICATION INFORMA- from the defendant, if the collection of such er, I ask unanimous consent that all TION.—Section 210304 of the Violent Crime a sample is authorized pursuant to section 3 Control and Law Enforcement Act of 1994 (42 of the DNA Analysis Backlog Elimination Members may have 5 legislative days U.S.C. 14132) is amended— Act of 2000.’’. within which to revise and extend their (1) in subsection (b)(1), by inserting after (c) CONDITIONS OF PAROLE.—Section 4209 of remarks and to include extraneous ma- ‘‘criminal justice agency’’ the following: ‘‘(or title 18, United States Code, insofar as such terial on H.R. 4640. the Secretary of Defense in accordance with section remains in effect with respect to cer- The SPEAKER pro tempore. Is there section 1565 of title 10, United States Code)’’; tain individuals, is amended by inserting be- objection to the request of the gen- (2) in subsection (b)(2), by striking ‘‘, at fore ‘‘In every case, the Commission shall regular intervals of not to exceed 180 days,’’ tleman from Florida? also impose’’ the following: ‘‘In every case, There was no objection. and inserting ‘‘semiannual’’; the Commission shall impose as a condition (3) in subsection (b)(3), by inserting after of parole that the parolee cooperate in the Mr. CANADY of Florida. Mr. Speak- ‘‘criminal justice agencies’’ in the matter collection of a DNA sample from the parolee, er, I yield myself such time as I may preceding subparagraph (A) the following: if the collection of such a sample is author- consume. ‘‘(or the Secretary of Defense in accordance ized pursuant to section 3 or section 4 of the Mr. Speaker, H.R. 4640, the DNA with section 1565 of title 10, United States DNA Analysis Backlog Elimination Act of Analysis Backlog Elimination Act, was Code)’’; and 2000 or section 1565 of title 10.’’. introduced by the gentleman from (4) by adding at the end the following new (d) CONDITIONS OF RELEASE GENERALLY.—If Florida (Mr. MCCOLLUM) together with subsection: the collection of a DNA sample from an indi- the gentleman from Virginia (Mr. ‘‘(d) EXPUNGEMENT OF RECORDS.— vidual on probation, parole, or supervised re- ‘‘(1) BY DIRECTOR.—(A) The Director of the lease is authorized pursuant to section 3 or 4 SCOTT) the ranking minority member, Federal Bureau of Investigation shall of this Act or section 1565 of title 10, United the gentleman from Ohio (Mr. CHABOT), promptly expunge from the index described States Code, the individual shall cooperate the gentleman from New York (Mr. in subsection (a) the DNA analysis of a per- in the collection of a DNA sample as a condi- WEINER), and the gentleman from New son included in the index on the basis of a tion of that probation, parole, or supervised York (Mr. GILMAN) to address an im- qualifying Federal offense or a qualifying release. portant problem, the massive backlog District of Columbia offense (as determined SEC. 8. TECHNICAL AND CONFORMING AMEND- under section 3 and 4 of the DNA Analysis of biological samples awaiting DNA MENTS. analysis in the States. Backlog Elimination Act of 2000, respec- (a) DRUG CONTROL AND SYSTEM IMPROVE- According to the Justice Depart- tively) if the Director receives, for each con- MENT GRANTS.—Section 503(a)(12)(C) of title I viction of the person of a qualifying offense, of the Omnibus Crime Control and Safe ment’s Bureau of Justice Statistics, a certified copy of a final court order estab- Streets Act of 1968 (42 U.S.C. 3753(a)(12)(C)) is approximately 69 percent of publicly lishing that such conviction has been over- amended by striking ‘‘, at regular intervals operated forensic crime labs across the turned. of not to exceed 180 days,’’ and inserting country have a backlog of unprocessed ‘‘(B) For purposes of subparagraph (A), the ‘‘semiannual’’. samples awaiting DNA analysis. While term ‘qualifying offense’ means any of the (b) DNA IDENTIFICATION GRANTS.—Section we do not have solid numbers for the following offenses: 2403(3) of title I of the Omnibus Crime Con- total of crime scene and victim sam- ‘‘(i) A qualifying Federal offense, as deter- trol and Safe Streets Act of 1968 (42 U.S.C. mined under section 3 of the DNA Analysis 3796kk–2(3)) is amended by striking ‘‘, at reg- ples awaiting analysis, some estimates Backlog Elimination Act of 2000. ular intervals not exceeding 180 days,’’ and run into the tens of thousands. ‘‘(ii) A qualifying District of Columbia of- inserting ‘‘semiannual’’. We do know that the backlog of un- fense, as determined under section 4 of the (c) FEDERAL BUREAU OF INVESTIGATION.— processed samples taken from con- DNA Analysis Backlog Elimination Act of Section 210305(a)(1)(A) of the Violent Crime victed offenders is nearing 300,000. Even 2000. Control and Law Enforcement Act of 1994 (42 the FBI’s own crime lab in Washington ‘‘(iii) A qualifying military offense, as de- U.S.C. 14133(a)(1)(A)) is amended by striking has a backlog of samples awaiting DNA termined under section 1565 of title 10, ‘‘, at regular intervals of not to exceed 180 analysis. United States Code. days,’’ and inserting ‘‘semiannual’’. Our bill addresses this problem by ‘‘(C) For purposes of subparagraph (A), a SEC. 9. AUTHORIZATION OF APPROPRIATIONS. court order is not ‘final’ if time remains for There are authorized to be appropriated to authorizing funding to eliminate the an appeal or application for discretionary re- the Attorney General to carry out this Act backlog. States seeking funding under view with respect to the order. (including to reimburse the Federal judici- the program created by the bill will be ‘‘(2) BY STATES.—(A) As a condition of ac- ary for any reasonable costs incurred in im- required to make application for this cess to the index described in subsection (a), plementing such Act, as determined by the funding through the Justice Depart- a State shall promptly expunge from that Attorney General) such sums as may be nec- ment’s Office of Justice Programs. index the DNA analysis of a person included essary. States seeking these funds will be re- in the index by that State if the responsible SEC. 10. PRIVACY PROTECTION STANDARDS. quired to develop and submit to that agency or official of that State receives, for (a) IN GENERAL.—Except as provided in each conviction of the person of an offense subsection (b), any sample collected under, office a comprehensive plan to elimi- on the basis of which that analysis was or or any result of any analysis carried out nate any backlog of samples awaiting could have been included in the index, a cer- under, section 2, 3, or 4 may be used only for DNA analysis. tified copy of a final court order establishing a purpose specified in such section. Many of the samples analyzed will be that such conviction has been overturned. (b) PERMISSIVE USES.—A sample or result loaded into the FBI’s Combined DNA ‘‘(B) For purposes of subparagraph (A), a described in subsection (a) may be disclosed Index System, known as ‘‘CODIS,’’ a court order is not ‘final’ if time remains for under the circumstances under which disclo- national compute database authorized an appeal or application for discretionary re- sure of information included in the Com- by Congress in 1994. The purpose of this view with respect to the order.’’. bined DNA Index System is allowed, as speci- database is to match DNA samples SEC. 7. CONDITIONS OF RELEASE. fied in subparagraphs (A) through (D) of sec- (a) CONDITIONS OF PROBATION.—Section tion 210304(b)(3) of the Violent Crime Control from crime scenes where there are no 3563(a) of title 18, United States Code, is and Law Enforcement Act of 1994 (42 U.S.C. suspects with the DNA of convicted of- amended— 14132(b)(3)). fenders.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8576 CONGRESSIONAL RECORD — HOUSE October 2, 2000 Clearly, the more samples we have in Earlier we conducted in the Sub- Mr. STUPAK. Mr. Speaker, I am pleased the system, the greater the likelihood committee on Crime hearings on three that the U.S. House is today taking up the we will come up with matches and DNA backlog elimination bills intro- DNA Analysis Backlog Elimination Act of 2000 solve cases. duced by the gentleman from New bill. I originally introduced a bill addressing the One glaring omission in the law that York (Mr. GILMAN), the gentleman DNA backlog problem with my colleagues Mr. authorized CODIS is that it did not au- from Michigan (Mr. STUPAK), the gen- GILMAN and Mr. RAMSTAD in November 1999. thorize the taking of DNA samples tleman from Rhode Island (Mr. KEN- I am so pleased to support this bill on suspen- from persons convicted of Federal of- NEDY) and members of the Committee sion today, as this body acts to bring des- fenses, District of Columbia offences, on the Judiciary, the gentleman from perately needed help to our law enforcement and offenses under the Uniform Code of New York (Mr. WEINER) and the gen- during these waning days of the 106th Con- Military Justice. H.R. 4640 will correct tleman from Ohio (Mr. CHABOT). gress. that omission. The offenses triggering Elimination of the DNA analysis This help does not come a moment too the sample requirement for Federal backlog would be a significant step for- soon. and military offenders are specified in ward in having our criminal justice I would like to thank Mr. MCCOLLUM, Mr. the bill and consistent of a number of system more accurately dispense jus- SCOTT, Mr. CHABOT, Mr. WEINER and Mr. KEN- felony crimes, most involving violence tice. Not only will it greatly enhance NEDY and all the other Judiciary Committee or sex offenses. the efficiency and effectiveness of our members who devoted their time and energy The bill leaves it to the District of criminal justice systems throughout to move this important issue to the forefront. Columbia government to determine the country, but it would also save This bill would not be on the floor today with- those offenses that will trigger the lives by allowing apprehension and de- out the hard work of these members, who held sample requirement under District of tention of dangerous individuals while hearings and worked to craft this joint legisla- Columbia law. Also, as amended, the eliminating the prospects that inno- tion. bill requires that samples of offenders cent individuals would be wrongly held This bill helps states and the FBI take a whose convictions are overturned be for crimes that they did not commit. giant step in the fight against crime by elimi- removed from the CODIS database. At the same time, I think it is impor- nating the national backlog of DNA records. This will be the requirement regardless tant to recognize that with this expan- Federal, state and local law enforcement will of whether the offender was convicted sion comes the increased likelihood be more connected, and better able to work of a Federal or State crime. that DNA samples and analyses may be together to solve crimes. It also closes signifi- H.R. 4640 is similar to three bills in- misused. We must be ever mindful of cant loopholes that currently exist whereby the troduced by the gentleman from Rhode our responsibility to protect the pri- DNA samples of federal, military and District Island (Mr. KENNEDY), the gentleman vacy of this DNA information, ensuring of Columbia serious offenders are not being from New York (Mr. WEINER) and the that it be used only for law enforce- collected. Lastly, it contains important privacy gentleman from New York (Mr. GIL- ment purposes. and expungement provisions, so that the MAN), all three of which were the sub- To that end, I was pleased that the rights of individual are protected as well. ject of a hearing before the Sub- Committee on the Judiciary agreed to Right now, state and local police depart- committee on Crime on March 23, 2000. an amendment that would impose ments cannot deal with the number of DNA The bill before us today builds on the criminal penalties for anyone who uses samples from convicted offenders and un- foundation laid by those bills, and I am DNA samples or analyses for purposes solved crimes. These states simply do not pleased that the sponsors of those bills not designated by the law enforcement have enough time, money, or resources to test are original cosponsors of H.R. 4640. officials. and record these samples. As this bill has moved through the I am also grateful that the majority According to the Detroit Free Press, as of committee, it has been approved by provided for the expungement of DNA May 2000, Michigan has collected 15,000 amendments on both sides. The result information on individuals whose con- blood samples from sex offenders since 1991, is a very good bill, and I am pleased victions have been overturned on ap- but state police have so far only run DNA that this bill is the product of that bi- peal. analysis on 500 of them! This is truly fright- partisan cooperation. In addition to the criminal penalties ening. I am also pleased to inform my col- for misuse of DNA, I believe that we Unanalyzed and unrecorded DNA samples leagues that H.R. 4640 is supported by should encourage each State to develop are useless to law enforcement and to criminal the administration, the Federal Law a specific security protocol to prevent investigations. Let me illustrate why we need Enforcement Officers Association, and misuse of such samples, since the DNA these samples tested and recorded, why we the Fraternal Order of Police. does include sensitive personal infor- need this bill. I want to particularly acknowledge mation. This approach will be the only John Doe is a convicted offender serving the leadership of the gentleman from way to ensure that DNA analysis will time for a sexual assault. By law, his DNA has Florida (Mr. MCCOLLUM) the chairman not be used for unlawful purposes. been collected, but because of the backlog, it of the Subcommittee on Crime, on this This legislation is a positive step for has not been tested and is not in the law en- important legislation. He has really law enforcement, but I am disappointed forcement database. John Doe gets out of jail, made it possible for us to bring this that it does not include any require- he commits another sexual assault, and gets legislation forward here today. ment on States to provide access to away, unidentified by the victim. I also want to particularly thank the DNA testing to convicted persons who Even if the police collect his DNA from the gentleman from Virginia (Mr. SCOTT) did not have the opportunity for DNA subsequent crime scene, he will not be the ranking member of the Sub- testing at the time of their trial. I am caught, and his DNA will not be matched up, committee on Crime, for all of his help hoping that the next Congress will con- because his previous DNA sample is sitting on in crafting the legislation and for being sider additional legislation which a shelf, still waiting to be tested. In Michigan, an original cosponsor of the bill which would ensure that funds provided for his sample would be sitting with the almost is before the House now. H.R. 4640 might be made available to 15,000 other samples—untested and therefore I urge all of my colleagues to support provide persons who want to prove that useless. this important legislation. they were wrongfully convicted. John Doe will stay on the streets, and he Mr. Speaker, I reserve the balance of Nevertheless, Mr. Speaker, I am very will commit more crimes. my time. aware of the benefits of this legisla- This bill does not come a moment too soon, Mr. SCOTT. Mr. Speaker, I yield my- tion. In fact, through his outstanding every day that goes by, a real John Doe is out self such time as I may consume. work in Virginia, Dr. Paul B. Ferrara, there, committing more rapes, robberies, mur- Mr. Speaker, I rise in support of the Virginia’s Director of the Division of ders, when he could have been stopped. DNA Analysis Backlog Elimination Forensic Sciences, has led efforts in This bill also ensures that the DNA samples Act of 2000. This bill represents a com- this country on the use of DNA for of federal, District of Columbia, and military of- pilation of the fine effort by several of criminal justice purposes. That is why fenders are analyzed. The broader the data- our colleagues to address the DNA I am pleased to be a cosponsor of this base police have to work with, the better their analysis backlog that has accumulated legislation and urge my colleagues to ability to solve unsolved crimes and prevent at laboratories all over the country. support the bill. future ones.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8577 Because of this bill, you will see the number gress to balance this law enforcement need DNA samples of convicted violent offenders. of unsolved cases go down, and you might with the privacy needs of our citizens. Since beginning its operation in 1998, the sys- see some people freed from jail, exonerated Recently, Congress has been very active on tem has worked extremely well in assisting by the new DNA records available. It opens a the DNA backlog issue. law enforcement by matching DNA evidence door to better all around law enforcement and I strongly feel that H.R. 4640, however, is with possible suspects and has accounted for criminal investigation. the most effective piece of legislation on this the capture of over 200 suspects in unsolved We are answering the call for help by po- topic because it has several provisions to violent crimes. lice, communities, and victims, and it will save guarantee civil liberties, excludes juveniles However, because of the high volume of lives. This bill finally strikes back at criminals from this database and provides for the auto- convicted offender samples needed to be ana- that until now have been able to strike and matic right to expungement of a sample if a lyzed, a nationwide backlog of approximately strike again and again at our society without conviction is overturned. 600,000 unanalyzed convicted offender DNA being caught. The main sponsors of H.R. 4640, particu- samples has formed. Furthermore, because Mr. KENNEDY of Rhode Island. Mr. Speak- larly the Ranking Member of the Crime Sub- the program has been so vital in assisting er, I want to thank, Mr. MCCOLLUM, Mr. SCOTT, committee, Mr. SCOTT, worked extensively crime fighting and prevention efforts, our and the other Members of the Judiciary Com- with the ACLU to address many of their con- States are expanding their collection efforts. mittee for their hard work on this important cerns, while taking our underlying model for Recently, New York State Governor George crime issue. the bill from the FBIs recommendations. Pataki enacted legislation to expand N.Y. In September of last year, I introduced, I feel strongly, that there are several areas State’s collection of DNA samples to require along with Congressman CHABOT and Con- of H.R. 4640 that could have been improved all violent felons and a number of non-violent gressman VISCLOSKY, The Violent Offender upon—including the clear prohibition on the felony offenders, and, earlier this year, the use DNA Identification Act of 1999, H.R. 2810. use of funds for arrestee testing, and more of the expanded system resulted in charges This bipartisan measure is the predecessor specific requirements on States to provide being filed in a 20-year-old Westchester Coun- bill to H.R. 4640, which I also was proud to DNA testing to convicted persons who did not ty murder. cosponsor. have access at the time of their trial. State forensic laboratories have also accu- These bills will put more criminals behind But, overall this bill has been crafted with mulated a backlog of evidence for cases for bars by correcting practical and legal obsta- the careful and attentive work of both sides of which there are no suspects. These are evi- cles that leave crucial DNA evidence unused the aisle, in the hopes that it may be further dence ‘‘kits’’ for unsolved violent crimes which and too many violent crimes unsolved. improved during a conference with the other are stored away because our State forensic Every week we hear stories about DNA evi- body. laboratories do not have the support nec- dence. Whether it is a prisoner on death row In a bipartisan fashion, we attended to many essary to analyze them and compare the evi- for a crime he didn’t commit who is released civil liberty concerns and, therefore, narrowed dence to our nationwide data bank. Presently, by DNA evidence or a criminal suspect finally the types of crimes covered, mandated stricter there are approximately 12,000 rape cases in brought to justice using DNA evidence, DNA is protocols for the use of DNA, and excluded ju- New York City alone, and, it is estimated, ap- making headlines. venile offenders. proximately 180,000 rape cases nationwide, Currently, all 50 states require DNA sam- In this process, we came up with a bill that which are unsolved and unanalyzed. This ples to be obtained from certain convicted of- all members of the House can support. number represents a dismal future for the suc- fenders, and these samples can be shared Violent criminals should not be able to cess for CODIS and reflects the growing prob- through a national data base known as evade arrest simply because a state didn’t lem facing our law enforcement community. CODIS. analyze its DNA samples or because an inex- The DNA Analysis Backlog Elimination Act will The data base is installed in over ninety lab- cusable loophole leaves Federal and D.C. of- provide States with the support necessary to oratories and nearly five hundred thousand fenders out of the DNA data base. combat these growing backlogs. The success- samples are classified and stored in it. We have the technology to revolutionize law To date, the FBI has recorded hundreds of ful elimination of both the convicted violent of- enforcement and forensic science and the key matches through DNA data bases, helping fender backlog and the unsolved casework to unlock the door of unsolved crimes—we solve numerous crimes. As valuable as this backlog will play a major role in the future of must use this capacity and make these goals system is, it is not being utilized effectively. out State’s crime prevention and law enforce- a reality. The problems with the current system include ment efforts. Lastly, I want to recognize the hard work of The DNA Analysis Backlog Elimination Act backlog and jurisdiction. several staffers who were integral in bringing The FBI estimates that there are several will also provide funding to the Federal Bureau this bill to the floor, most notably. Mr. Bobby hundred thousand DNA samples that have of Investigation to eliminate their unsolved Vassar, Minority Counsel for the Judiciary been collected, but still need to be analyzed. casework backlog and close a loophole cre- In my State of Rhode Island, the DNA col- Committee, Mr. Glenn Schmitt with the Major- ated by the original legislation. Although all 50 lection began only a year and one half ago, ity staff, and Ms. Elizabeth Treanor, Counsel states require DNA collection from designated but already there is a backlog of a hundred for Mr. Chabot. convicted offenders, for some inexplicable rea- samples. I urge all of my colleagues to support the son, convicted Federal, District of Columbia Today’s bipartisan bill, which was crafted ‘‘DNA Analysis Backlog Elimination Act.’’ and Military offenders are exempt. H.R. 4640 with input from organizations including the FBI Mr. GILMAN. Mr. Speaker, I would like to closes that loophole by requiring the collection and the ACLU, would address this backlog express my gratitude to Chairman MCCOLLUM of samples from any Federal, Military, or D.C. problem and ensure that more crimes will be for his dedication and diligence in bringing offender convicted of a violent crime. solved through the matching of DNA evidence. H.R. 4640, the DNA Analysis Backlog Elimi- Mr. Speaker, as you are aware, our Nation’s The bill does two critical things. First, it pro- nation Act, to the floor today, and am pleased fight against crime is never over. Every day, vides one hundred and seventy million dollars that this legislation reflects many of the provi- the use of DNA evidence is becoming a more in grants to eliminate the backlog to states to sions outlined in my measure, H.R. 3375, the important tool to our nation’s law enforcement increase their capability to perform DNA anal- Convicted Offender DNA Index System Sup- in solving crimes, convicting the guilty and ex- ysis. Second, the bill allows Federal, Military port Act. I’ve had the pleasure of working onerating the innocent. The Justice Depart- and District of Columbia law enforcement closely with him, Ranking Member SCOTT, and ment estimates that erasing the convicted of- agencies to collect DNA evidence. Representatives RAMSTAD, STUPAK, KENNEDY, fender backlog nationwide could resolve at Under current law, Federal Courts and the WEINER, and CHABOT, in developing this legis- least 600 cases. The true amount of unsolved local courts of the District of Columbia do not lation, which will meet the needs of prosecu- cases, both State and Federal, which may be have this ability. tors, law enforcement, and victims throughout concluded through the elimination of the both The Federal Courts and the District of Co- our Nation. backlogs is unknown. However, if one more lumbia have indicated their support for the Mr. Speaker, in 1994, the Congress passed case is solved and one more violent offender ability to conduct testing as states do. the DNA Identification Act, which authorized is detained because of our efforts, we have From my home State of Rhode Island, I the construction of the Combined DNA Index succeeded. have heard from lab experts and local law en- System, or CODIS, to assist our Federal, In conclusion, we must ensure that our na- forcement leaders on the need for this legisla- State and local law enforcement agencies in tion’s law enforcement has the equipment and tion. fighting violent crime throughout the Nation. support necessary to fight violent crime and It is clear that law enforcement supports leg- CODIS is a master database for all law en- protect our communities. The DNA Analysis islation in this area. And it is our job in Con- forcement agencies to submit and retrieve Backlog Elimination Act will assist our local,

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 9920 D:\DOCS\H02OC0.REC H02OC0 H8578 CONGRESSIONAL RECORD — HOUSE October 2, 2000 State and Federal law enforcement personnel from 154,600 to 225,700. According to the samples for analysis and entry into the CODIS by ensuring that crucial resources are pro- most recent data available (1997), a majority system. Nevertheless, it is important to point vided to our DNA data-banks and crime lab- (55%) of veterans was sentenced for a violent out that samples from persons convicted of oratories. offense (compared to 46% for non-veterans). federal crimes, crimes under the District of Co- Mr. THOMPSON of California. Mr. Speaker, And, veterans were twice as likely as non-vet- lumbia code, or offenses under the Uniform I rise in strong support of H.R. 4640, which erans to be sentenced for a sexual assault, in- Code of Military Justice (UCMJ), are not pres- would assist the states in reducing the backlog cluding rape (18% versus 7%). ently being taken because there is no statu- of DNA samples that have been collected from The data do not answer precisely the ques- tory authority to do so. convicted offenders and crime scenes. tion of how many veterans have a prior con- In addition, the Department of Justice’s Bu- Recent reports indicate that in my own viction as a member of the Armed Forces be- reau of Statistics (BJA) reports that as of De- home state of California there are more than fore a subsequent contact with the federal, cember 1997, approximately 60 percent of the 100,000 unprocessed DNA samples. Even state or local criminal justice system. How- publicly operated forensic crime labs across using the state’s most optimistic projections, it ever, the data show that 13.8% of the vet- the country reported a DNA backlog totaling will take two years to clear that backlog. erans in local jails, 17.4% of veterans in state 6,800 unprocessed DNA case samples and an Many states are similarly situated. Mired prison, and 14.9% of veterans in federal pris- additional 287,000 unprocessed convicted of- with both funding and collection problems, the on were not honorably discharged. Many of fender samples. While I am encouraged that U.S. solves far fewer crimes with DNA. But, these veterans had more serious criminal his- forensic labs have responded by hiring addi- the potential for improvement is great. While tories than those incarcerated veterans who tional staff and increasing overtime, Congress the U.S. may never match Great Britain, which had been honorably discharged. In fact, 43% has merely appropriated $30 million toward has a long-established DNA database and is of veterans not honorably discharged had at solving the problem. Like some of my col- reported to crack 300 to 500 cases a week, least three prior sentences, compared to 36% leagues, I am concerned that the backlog con- reducing the backlog of DNA samples will pro- of those honorably discharged. tinues to grow without adequate resources. vide both law enforcement with an increasingly These data support the argument for impos- To qualify for funding under this legislation, important investigative and prosecutorial tool. ing on the Department of Defense the require- a state must develop a plan to eliminate any H.R. 4640 addresses the backlog by pro- ment to collect DNA samples from service backlog of samples and federal funding under viding a series of grants to assist the states in members convicted of a qualifying violent or the program may be awarded for up to 75 per- processing DNA samples collected from vio- sexual offense. By requiring the collection of cent of the cost of the states plan. This is an lent offenders and samples collected from DNA, it is likely that service members con- important step forward in the use of DNA evi- crime scenes and victims of crime. Specifi- victed of a qualifying UCMJ offense may be dence in our federal courts. cally, the bill authorizes $15 million a year in more readily identified, and quite possibly I also believe that this legislation would en- grants for the next three years to process con- cleared, should they be suspected of perpe- sure the collection and use of DNA identifica- victed offender DNA samples. In addition, it trating a violent crime as a civilian. tion information in CODIS from persons con- provides $25 million to reduce the backlog of I strongly support H.R. 4640. It makes major victed of a qualifying violent or sexual offense crime scene samples, an intrinsically more ex- strides in assisting the states in reducing the under the federal code, UCMJ, or District of pensive processing, by both expanding state DNA backlog and in closing a loophole by Columbia Code. Indeed, technical revisions laboratory facilities and allowing states to con- which DNA samples from certain federal pris- have been made to the preliminary legislation tract with private labs. oners was not collected nor added to the na- that only strengthen the bill’s application sev- As important, the bill closes a loophole that tional DNA database. eral offenses. I urge passage of the bill. It is crucial for defendants to have access to has existed with respect to individuals con- Ms. JACKSON-LEE of Texas. Mr. Speaker, victed of violent federal crimes and held in the CODIS system in circumstances that pos- I want to extend my gratitude to my col- sibly establish innocence. This is particularly federal facilities. Currently, there is no require- leagues who are interested in providing the ment that DNA samples be taken from per- important, for instance, in the growing number fairest possible procedures in the application of capital cases where DNA identification infor- sons convicted of certain federal crimes. H.R. of the death penalty, the most serious punish- 4640 fixes this oversight. Of particular interest mation make a crucial difference. ment in the criminal justice system. Reducing the backlog regarding DNA identi- to me is the bill’s requirement that DNA be Much progress has been made since the re- fication information in federal courts is very im- collected from individuals convicted of violent cent mark-up session regarding this bill. In portant for our criminal justice system. To the and sexual offenses under the Uniform Code general, H.R. 4640 provides for the collection extent that this legislation helps to eliminate of Military Justice (UCMJ). and use of DNA identification information from the backlog through these grants, we can I authored a similar provision in the House- individuals convicted of a qualifying violent or work towards establishing a more reliable jus- passed FY01 National Defense Authorization sexual offense under the Federal code, UCMJ, tice system. Act (H.R. 4205). That language required the or District of Columbia Code. Mrs. SCOTT. Mr. Speaker, I yield Department of Defense to collect, process and DNA (deoxyribonucleic acid), a high tech back the balance of my time. analyze DNA identification information from genetic fingerprint, was first introduced into Mr. CANADY of Florida. Mr. Speak- violent and sexual offenders and to provide evidence in a United States court in 1986. er, I yield back the balance of my time. that information to the Combined DNA Index After surviving many court challenges, DNA The SPEAKER pro tempore. The System (CODIS), national registry of DNA evidence is now admitted in all United States question is on the motion offered by samples. Currently, the Department is not re- jurisdictions. In fact, it has become the pre- the gentleman from Florida (Mr. CAN- quired to collect DNA samples from individuals dominant forensic technique for identifying ADY) that the House suspend the rules convicted of qualifying UCMJ offenses. criminals when biological issues are left at a and pass the bill, H.R. 4640, as amend- There is clearly a need to close this loop- crime scene. ed. hole. In calendar year 1999, the total number In the Violent Crime Control and Law Act of The question was taken; and (two- of prisoners under confinement within the De- 1994 (1994 Crime Bill), Congress authorized thirds having voted in favor thereof) partment of Defense correctional facilities for the FBI to create a national index of DNA the rules were suspended and the bill, terms other than life or a sentence of death samples taken from convicted offenders, crime as amended, was passed. was 963. Of those, 51.5% were confined be- scenes and victims, and unidentified human A motion to reconsider was laid on cause of violent and sexual offenses, the kind remains. This was a crucial step forward be- the table. of offenses for which both H.R. 4640 and H.R. cause DNA has played such a significant role f 4205 would require the DoD to collect DNA in our criminal justice system. samples. Under both bills, the DoD would col- In response, the FBI established the Com- STOP MATERIAL UNSUITABLE FOR lect, process and analyze DNA samples and bined DNA index System (CODIS). CODIS al- TEENS ACT provide them to the CODIS database. lows State and local forensic laboratories to Mr. CANADY of Florida. Mr. Speak- Several statistics about the characteristics of exchange and compare DNA profiles electroni- er, I move to suspend the rules and the civilian prison population underscore the cally in an attempt to link evidence from crime pass the bill (H.R. 4147) to amend title importance of closing this loophole. scenes for which there are no suspects to 18, United States Code, to increase the While the number of veterans in the prison DNA samples on file in the system. Today, age of persons considered to be minors facilities nationwide declined as a percentage CODIS is well established across the nation. for the purposes of the prohibition on of the total prison population between 1985 All fifty states have enacted statutes requir- transporting obscene materials to mi- and 1998, the absolute number rose 46%, ing certain convicted offenders to provide DNA nors.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8579 The Clerk read as follows: If this body is going to act on behalf year-old sharing pictures with a 17- H.R. 4147 of our children and concerned parents year-old, what the effect of this legisla- Be it enacted by the Senate and House of Rep- in limiting exposure to obscene mate- tion would be. resentatives of the United States of America in rials, then we should act accordingly Mr. TANCREDO. Mr. Speaker, will Congress assembled, and across the board for all juveniles. the gentleman yield? SECTION 1. SHORT TITLE. The bill would not limit any material Mr. SCOTT. I yield to the gentleman This Act may be cited as the ‘‘Stop Mate- that is protected by the First Amend- from Colorado. rial Unsuitable for Teens Act’’. ment. It would only limit the material Mr. TANCREDO. Mr. Speaker, the SEC. 2. AGE INCREASE. which is defined as obscene. bill sets out the parameters very spe- Section 1470 of title 18, United States Code, The Supreme Court has gone on cifically, referring only to materials is amended by striking ‘‘16’’ each place it ap- unsolicited, and in a case where some- pears and inserting ‘‘18’’. record several times as saying that ob- scene material is not protected by the one is transferring that kind of mate- The SPEAKER pro tempore. Pursu- rial using the interstate, transferring ant to the rule, the gentleman from First Amendment. Additionally, the Supreme Court has defined ‘‘obscenity’’ that kind of material, unsolicited to Florida (Mr. CANADY) and the gen- on several other occasions. anybody, they would be affected by the tleman from Virginia (Mr. SCOTT) each The bill in no way will prohibit the measures in this bill. will control 20 minutes. Mr. SCOTT. If the gentleman would exchange of protected material and is The Chair recognizes the gentleman respond, what would be the difference designed solely to protect all children from Florida (Mr. CANADY). in sentencing? If the two went from from what is clearly inappropriate ma- GENERAL LEAVE Washington, D.C. to Northern Virginia terial. More than 32 years ago, the Mr. CANADY of Florida. Mr. Speak- and had consensual sex and shared Court recognized the harm to minors er, I ask unanimous consent that all dirty pictures, what would be the effect from pornography and the need to pro- Members may have 5 legislative days of this bill? It is already illegal to tect minor children from pornography within which to revise and extend their share those dirty pictures right now. It in the case of Ginsberg v. New York. remarks and to include extraneous ma- would be a Federal offense. What would terial on H.R. 4147. The Court ruled that protecting chil- be the impact of this bill on that Fed- The SPEAKER pro tempore. Is there dren from exposure to pornography is a eral crime? objection to the request of the gen- ‘‘transcendent interest’’ of government Mr. TANCREDO. If the gentleman tleman from Florida? because it concerns ‘‘the health, safety, will yield further, I do not know that There was no objection. welfare and morals of its community there would be any impact of this bill Mr. CANADY of Florida. Mr. Speak- by barring the distribution to children on the particular situation that the er, I yield such time as he may con- of books recognized to be suitable for gentleman identifies. Two people en- sume to the gentleman from Colorado adults.’’ gaged in consensual sex, of course, that (Mr. TANCREDO). Furthermore, obscene material is an has nothing to do with this piece of Mr. TANCREDO. Mr. Speaker, I effective tool in the hands of predators. legislation. Sharing materials at that thank the gentleman for yielding me Pedophiles use the material as part of point in time has nothing to do with the time. the seduction process of children. It is this legislation. Quote, ‘‘dirty pic- Mr. Speaker, I rise in support of H.R. used to engage children and lure them tures,’’ as the gentleman characterizes 4147, the Stop Material Unsuitable for into activities that pedophiles find ac- it, I do not know that that has any- Teens Act. ceptable and the rest of us find deplor- thing to do with this legislation be- In 1998, the Congress passed and the able. cause, of course, the Supreme Court President signed into law the Protec- This bill, in short, would extend pro- has already determined that you can tion of Children from Sexual Predators tection from pedophiles to those under distinguish between certain materials Act. This legislation sought to address the age of 18. that some people would find objection- many practices carried out to the det- b 1600 able to the kind of materials that this riment of our youth. This included covers, which are strictly porno- I would ask all my colleagues to sup- halting child pornography online to graphic. It is the transfer of that mate- port our children and support this bill. cracking down on violent offenders. rial, unsolicited transfer of that mate- We should make sure that those who H.R. 4147 would simply include those rial, from one person to another under- would seek to spread this filth know- children under the age of 18 to the list age that this deals with. So I do not of those who should be protected from ingly to our children be ready to pay think, unless I mistook the gentle- harmful and potentially damaging ma- the price of up to 10 years behind bars. man’s characterization of this par- terial. I believe strongly that it is the role of ticular action, that it would have any The Protection of Children from Sex- this body to protect children across the impact. ual Predators Act also contained new Nation from both direct violent harm Mr. SCOTT. Mr. Speaker, in all due language which provided for enhanced and also from the type of harm that respect, I did not get an answer to my penalties for individuals who know- comes from being confronted with this question. The bill would have an im- ingly transfer obscene materials to ju- kind of material at such a young age. pact. I have not been able to determine veniles whether through the mail or Mr. SCOTT. Mr. Speaker, I yield my- exactly what that impact would be. interstate commerce. These enhanced self such time as I may consume. But the point of the consensual sex was penalties carry the weight of up to 10 Mr. Speaker, this came to our atten- that they could be in bed not commit- years incarceration, and/or applicable tion late Friday afternoon that it ting an offense and as soon as the 18- fines, compared with previous federal would be on suspension and not avail- year-old showed some obscene pictures statutes under Title 18 of the United able for amendment or any discussion. to the 17-year-old, then you would have States Code that only carried a penalty So I have been having a little trouble a Federal crime. That is the present of 5 years. getting the details on it. We have con- law. You cannot distribute obscene ma- The bill is important for it builds tacted the sentencing commission that terial. My question was, what would upon the efforts of this body to regu- indicated a problem with the bill and, the impact of this bill have on that sit- late and stem the flood of obscene ma- that is, there are certain sentencing in- uation, because apparently there would terial throughout this country. consistencies. For example, if an 18- be an enhanced punishment. I have not H.R. 4147 would build upon the efforts year-old were to have consensual sex been able to ascertain what the en- taken in 1998 to increase penalties with a 17-year-old, that would not be a hancement would be. against transferring obscene materials Federal crime nor a crime in most Mr. TANCREDO. Once again, the bill to juveniles under 16 years of age. It States. However, if they shared dirty is very specific about the method of would raise the age limit for enhanced pictures, then that would be a Federal transfer of the material we are talking penalties for transfer to juveniles to 18 crime. Perhaps the sponsor of the bill about. In what you describe, there is no years of age and close the loophole left or someone on the other side could ex- effect from this particular piece of leg- in the law by not protecting youth be- plain to me what the probable effect of islation. It has got nothing to do with tween the ages of 16 and 18. this legislation would be for the 18- it.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8580 CONGRESSIONAL RECORD — HOUSE October 2, 2000 Mr. CANADY of Florida. Mr. Speak- proceedings on this motion will be SEC. 3. PURPOSE. er, will the gentleman yield? postponed. The purpose of this Act is to provide adequate resources in the form of— Mr. SCOTT. I yield to the gentleman f from Florida. (1) assistance for the 320 established PAL chapters to increase of services to the commu- Mr. CANADY of Florida. This is a NATIONAL POLICE ATHLETIC LEAGUE YOUTH ENRICHMENT nities they are serving; and very simple bill. It amends a statutory (2) seed money for the establishment of 250 (50 provision, which I will read. It is short ACT OF 2000 per year over a 5-year period) additional local enough for us to read right here and Mr. CANADY of Florida. Mr. Speak- PAL chapters in public housing projects and see what is being amended. The prohi- er, I move to suspend the rules and other distressed areas, including distressed areas bition is this: pass the bill (H.R. 3235) to improve aca- with a majority population of Native Americans, ‘‘Whoever using the mail or any facil- demic and social outcomes for youth by not later than fiscal year 2006. ity or means of interstate or foreign and reduce both juvenile crime and the SEC. 4. DEFINITIONS. commerce knowingly transfers obscene risk that youth will become victims of In this Act: matter to another individual who has (1) ASSISTANT ATTORNEY GENERAL.—The term crime by providing productive activi- ‘‘Assistant Attorney General’’ means the Assist- not attained the age of 16 years, that is ties conducted by law enforcement per- ant Attorney General for the Office of Justice currently in the statute, the bill raises sonnel during non-school hours, as Programs of the Department of Justice. that to 18 years, knowing that such amended. (2) DISTRESSED AREA.—The term ‘‘distressed other individual has not attained the The Clerk read as follows: area’’ means an urban, suburban, or rural area age of, raised from 16 years to 18 years, H.R. 3235 with a high percentage of high-risk youth, as defined in section 509A of the Public Health or attempts to do so shall be fined Be it enacted by the Senate and House of Rep- under this title, imprisoned not more Service Act (42 U.S.C. 290aa–8(f)). resentatives of the United States of America in (3) PAL CHAPTER.—The term ‘‘PAL chapter’’ than 10 years, or both.’’ Congress assembled, means a chapter of a Police or Sheriff’s Athletic/ But it requires the use of the mail or SECTION 1. SHORT TITLE. Activities League. other facilities or means of interstate This Act may be cited as the ‘‘National Police (4) POLICE ATHLETIC LEAGUE.—The term ‘‘Po- or foreign commerce. Athletic League Youth Enrichment Act of 2000’’. lice Athletic League’’ means the private, non- Mr. SCOTT. If the gentleman would SEC. 2. FINDINGS. profit, national representative organization for respond, that would include e-mail or Congress makes the following findings: 320 Police or Sheriff’s Athletic/Activities any other interstate commerce, could (1) The goals of the Police Athletic League are Leagues throughout the United States (includ- mean you could take it across the to— ing the Virgin Islands and the Commonwealth State line from Washington, D.C. to (A) increase the academic success of youth of Puerto Rico). (5) PUBLIC HOUSING; PROJECT.—The terms Northern Virginia. participants in PAL programs; (B) promote a safe, healthy environment for ‘‘public housing’’ and ‘‘project’’ have the mean- Ms. JACKSON-LEE of Texas. Mr. Speaker, youth under the supervision of law enforcement ings given those terms in section 3(b) of the I rise to voice concerns regarding H.R. 4147, personnel where mutual trust and respect can be United States Housing Act of 1937 (42 U.S.C. the Stop Material Unsuitable for Teens Act, built; 1437a(b)). which is before the House today under sus- (C) increase school attendance by providing SEC. 5. GRANTS AUTHORIZED. pension. This bill should it become law would alternatives to suspensions and expulsions; (a) IN GENERAL.—Subject to appropriations, raise the age of minors to whom adults could (D) reduce the juvenile crime rate in partici- for each of fiscal years 2001 through 2005, the be penalized for giving obscene materials from pating designated communities and the number Assistant Attorney General shall award a grant age 16 to age 18. of police calls involving juveniles during non- to the Police Athletic League for the purpose of establishing PAL chapters to serve public hous- I would hope that this measure would offer school hours; (E) provide youths with alternatives to drugs, ing projects and other distressed areas, and ex- some additional protection to children from alcohol, tobacco, and gang activity; panding existing PAL chapters to serve addi- those who would do them harm, but it appears (F) create positive communications and inter- tional youths. that this bill will be going over ground that has action between youth and law enforcement per- (b) APPLICATION.— already been covered by the passage into law sonnel; and (1) SUBMISSION.—In order to be eligible to re- of the Protection of Children From Sexual (G) prepare youth for the workplace. ceive a grant under this section, the Police Ath- Predators Act (PL 105–314). (2) The Police Athletic League, during its 55- letic League shall submit to the Assistant Attor- This law would amend the Protection of year history as a national organization, has ney General an application, which shall in- clude— Children From Sexual Predators Act which proven to be a positive force in the communities it serves. (A) a long-term strategy to establish 250 addi- prohibits transferring obscene material through (3) The Police Athletic League is a network of tional PAL chapters and detailed summary of the Internet or mail to children under 16 years 1,700 facilities serving over 3,000 communities. those areas in which new PAL chapters will be of age. Violators under current law are subject There are 320 PAL chapters throughout the established, or in which existing chapters will be to a mandatory prison sentence of 10 years. United States, the Virgin Islands, and the Com- expanded to serve additional youths, during the Should the effort to pass this legislation be monwealth of Puerto Rico, serving 1,500,000 next fiscal year; successful, I would hope that in keeping with youths, ages 5 to 18, nationwide. (B) a plan to ensure that there are a total of the spirit of this change in the law I would (4) Based on PAL chapter demographics, ap- not less than 570 PAL chapters in operation be- fore January 1, 2004; hope that the definition of adult would also be proximately 82 percent of the youths who ben- efit from PAL programs live in inner cities and (C) a certification that there will be appro- amended. Because I believe that it would be urban areas. priate coordination with those communities judicially unproductive should an 18-year-old (5) PAL chapters are locally operated, volun- where new PAL chapters will be located; and be found in violation of this law by providing teer-driven organizations. Although most PAL (D) an explanation of the manner in which inappropriate material to another 18-year-old chapters are sponsored by a law enforcement new PAL chapters will operate without addi- and made to endure the full penalty that this agency, PAL chapters receive no direct funding tional, direct Federal financial assistance once bill provides for. from law enforcement agencies and are depend- assistance under this Act is discontinued. Mr. SCOTT. Mr. Speaker, I yield ent in large part on support from the private (2) REVIEW.—The Assistant Attorney General sector, such as individuals, business leaders, shall review and take action on an application back the balance of my time. submitted under paragraph (1) not later than Mr. CANADY of Florida. Mr. Speak- corporations, and foundations. PAL chapters have been exceptionally successful in balancing 120 days after the date of such submission. er, I yield back the balance of my time. public funds with private sector donations and SEC. 6. USE OF FUNDS. The SPEAKER pro tempore (Mr. maximizing community involvement. (a) IN GENERAL.— PEASE). The question is on the motion (6) Today’s youth face far greater risks than (1) ASSISTANCE FOR NEW AND EXPANDED CHAP- offered by the gentleman from Florida did their parents and grandparents. Law en- TERS.—Amounts made available under a grant (Mr. CANADY) that the House suspend forcement statistics demonstrate that youth be- awarded under this Act shall be used by the Po- the rules and pass the bill, H.R. 4147. tween the ages of 12 and 17 are at risk of com- lice Athletic League to provide funding for the The question was taken. mitting violent acts and being victims of violent establishment of PAL chapters serving public Mr. CANADY of Florida. Mr. Speak- acts between the hours of 3 p.m. and 8 p.m. housing projects and other distressed areas, or (7) Greater numbers of students are dropping er, on that I demand the yeas and nays. the expansion of existing PAL chapters. out of school and failing in school, even though (2) PROGRAM REQUIREMENTS.—Each new or The yeas and nays were ordered. the consequences of academic failure are more expanded PAL chapter assisted under para- The SPEAKER pro tempore. Pursu- dire in 1999 than ever before. graph (1) shall carry out not less than 4 pro- ant to clause 8 of rule XX and the (8) Many distressed areas in the United States grams during nonschool hours, of which— Chair’s prior announcement, further are still underserved by PAL chapters. (A) not less than 2 programs shall provide—

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 6333 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8581 (i) mentoring assistance; rial on the bill now under consider- January 1, 2004; three, a certification (ii) academic assistance; ation. that there will be appropriate coordi- (iii) recreational and athletic activities; or The SPEAKER pro tempore. Is there nation with those communities where (iv) technology training; and objection to the request of the gen- new chapters will be located; and, four, (B) any remaining programs shall provide— (i) drug, alcohol, and gang prevention activi- tleman from Florida? an explanation of the manner in which ties; There was no objection. new chapters will operate without ad- (ii) health and nutrition counseling; Mr. CANADY of Florida. Mr. Speak- ditional direct Federal financial assist- (iii) cultural and social programs; er, I yield myself such time as I may ance once assistance under this act is (iv) conflict resolution training, anger man- consume. discontinued. agement, and peer pressure training; Mr. Speaker, I rise in support of H.R. Mr. Speaker, this is a very worth- (v) job skill preparation activities; or 3235, the National Police Athletic while piece of legislation. I urge all my (vi) Youth Police Athletic League Conferences League Youth Enrichment Act of 2000. colleagues to support it. or Youth Forums. The gentleman from Wisconsin (Mr. Mr. Speaker, I reserve the balance of (b) ADDITIONAL REQUIREMENTS.—In carrying out the programs under subsection (a), a PAL BARRETT) introduced H.R. 3235 last No- my time. chapter shall, to the maximum extent prac- vember and the Committee on the Ju- Mr. SCOTT. Mr. Speaker, I yield my- ticable— diciary reported the bill by voice vote self such time as I may consume. (1) use volunteers from businesses, academic on July 25 of this year. I rise in support of H.R. 3235, the Na- communities, social organizations, and law en- The bill would direct the Office of tional Police Athletic League Youth forcement organizations to serve as mentors or Justice Programs of the Department of Enrichment Act of 2000. I am a cospon- to assist in other ways; Justice to award a grant to the Police sor of this bill. Although we have not (2) ensure that youth in the local community Athletic League for the purposes of es- had hearings on it and I generally do participate in designing the after-school activi- not support consideration of legislation ties; tablishing Police Athletic League (3) develop creative methods of conducting chapters to serve public housing without hearings, I believe that the outreach to youth in the community; projects and other distressed areas and congressional record in this Congress (4) request donations of computer equipment expanding existing chapters to serve sufficiently supports the passage of and other materials and equipment; and additional youth. The bill was modeled this legislation and to have its passage (5) work with State and local park and recre- on legislation enacted in 1997 to in- take place expeditiously. ation agencies so that activities funded with crease the number of Boys and Girls H.R. 3235 would award grant moneys amounts made available under a grant under Clubs serving low-income areas. to the Police Athletic League to assist this Act will not duplicate activities funded from the establishment of Police Athletic other sources in the community served. The Police Athletic League was founded by police officers in New York League chapters in high-crime and low- SEC. 7. REPORTS. City in 1914; and its goal is to offer an income areas as well as enhance exist- (a) REPORT TO ASSISTANT ATTORNEY GEN- ing services provided by the Police ERAL.—For each fiscal year for which a grant is alternative to crime, drugs, and vio- awarded under this Act, the Police Athletic lence for our Nation’s most at-risk Athletic League. They offer young peo- League shall submit to the Assistant Attorney youth. Since 1914, the Police Athletic ple opportunities to engage in con- General a report on the use of amounts made League, also known as PAL, has grown structive activities, including rec- available under the grant. into one of the largest youth crime pre- reational programming and activities (b) REPORT TO CONGRESS.—Not later than vention programs in the Nation, with a in creative and performing arts. I am May 1 of each fiscal year for which amounts are network of 320 local chapters and 1,700 pleased to note that research on these made available to carry out this Act, the Assist- programs shows that communities with ant Attorney General shall submit to the Com- facilities that serve more than 3,000 mittees on the Judiciary of the Senate and the communities and 1.5 million children. this program show a decrease in juve- House of Representatives a report that details Local chapters are volunteer-driven nile crime. In a survey of the California the progress made under this Act in establishing and receive most of their funding from Police Athletic League, for example, and expanding PAL chapters in public housing private sources. In partnership with preliminary data shows that commu- projects and other distressed areas, and the ef- local law enforcement agencies, PAL nities served by the program reported a fectiveness of the PAL programs in reducing chapters help to narrow the gap in 34 percent decrease in juvenile arrests, drug abuse, school dropouts, and juvenile crime. trust between children and police, espe- a 58 percent decrease in aggravated as- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. cially in low-income and high-crime saults committed by juveniles and a 47 (a) IN GENERAL.—There are authorized to be neighborhoods. PAL offers after-school percent drop in the number of armed appropriated to carry out this Act $16,000,000 for athletic, recreational, and educational robberies by juveniles. each of fiscal years 2001 through 2005. In short, Mr. Speaker, the record re- (b) FUNDING FOR PROGRAM ADMINISTRA- programs designed to give children an TION.—Of the amount made available to carry alternative to gangs, drugs, and crime flects that prevention and early inter- out this Act in each fiscal year— and to reinforce the values of responsi- vention as compared to other ap- (1) not less than 2 percent shall be used for re- bility, hard work, and community. proaches to reducing juvenile crime search and evaluation of the grant program These programs are geared to the after- and delinquency are the most effective. under this Act; school hours of 3 o’clock to 8 p.m., the In March 1999, for example, the Com- (2) not less than 1 percent shall be used for mittee on Education and the Workforce technical assistance related to the use of peak hours for juvenile crime and other antisocial behavior. held a hearing on H.R. 1150, the Juve- amounts made available under grants awarded nile Crime Control and Delinquency under this Act; and H.R. 3235 would authorize the appro- (3) not less than 1 percent shall be used for priation of $16 million a year for 5 Prevention Act. During that hearing, the management and administration of the years beginning with fiscal year 2001. the Administrator of the Office of Ju- grant program under this Act, except that the The money would be used to enhance venile Justice and Delinquency Preven- total amount made available under this para- the services provided by the 320 estab- tion identified promoting prevention as graph for administration of that program shall lished PAL chapters and provide seed the most cost-effective approach to re- not exceed 6 percent. money for the establishment of 250, 50 ducing delinquency. The SPEAKER pro tempore. Pursu- per year over a 5-year period, addi- At the same hearing, the Commis- ant to the rule, the gentleman from tional PAL chapters in public housing sioner at the Administration on Chil- Florida (Mr. CANADY) and the gen- projects and other distressed areas, in- dren, Youth and Families at Health tleman from Virginia (Mr. SCOTT) each cluding distressed areas with a major- and Human Services also summarized will control 20 minutes. ity population of Native Americans. what should be our priorities and said The Chair recognizes the gentleman In order to be eligible to receive a the following: from Florida (Mr. CANADY). grant, the bill would require PAL to The early years are critical. We know that GENERAL LEAVE submit to the Assistant Attorney Gen- and we must continue to invest in early Mr. CANADY of Florida. Mr. Speak- eral an application which includes, one, childhood. But we must also stick with kids as they grow older. Children are like gar- er, I ask unanimous consent that all a long-term strategy to establish 250 dens. It is critical that we prepare the soil Members may have 5 legislative days additional chapters; two, a plan to en- and plant the seeds. But if that is all we do, within which to revise and extend their sure that there is a total of not less we should not be surprised if they do not remarks and include extraneous mate- than 570 chapters in operation before flourish. We have to pay attention to them

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8582 CONGRESSIONAL RECORD — HOUSE October 2, 2000 on an ongoing basis. Just as one would fer- Wisconsin (Mr. BARRETT), the chief quired to offer mentoring and academic tilize a garden, we must stimulate growth in sponsor of the legislation. assistance, technology training and young people. Just as one would weed a gar- Mr. BARRETT of Wisconsin. Mr. drug and alcohol counseling. The bill den, we must root out the negative influ- Speaker, I am pleased to rise today in would also direct the chapters to seek ences, peer pressure and self-doubt that threaten to stunt the positive development support of H.R. 3235, a bill I introduced volunteers and donations from the of our children. Especially during preadoles- to make the programs of the Police business, academic and law enforce- cence and adolescence, we must have contin- Athletic League available to more kids ment communities. ued youth development activities to provide across the country. Mr. Speaker, one of the strengths of something to which the young people can I would like to thank the gentleman this program is that it allows young say yes instead of just asking them to say no from Florida (Chairman MCCOLLUM) kids, who many times encounter police to risky behaviors. and the gentleman from Virginia (Mr. only in stressful situations, to encoun- Mr. Speaker, as a result of hearings SCOTT) of the Subcommittee on Crime ter police in a meaningful, friendly sit- such as these, the Subcommittee on for their work in moving this bill uation. I think that is a huge plus for Early Childhood, Youth and Families through committee and on to the floor the young kids. of the Committee on Education and the before the House adjourns for this year. It is also a plus for the police offi- Workforce passed in this Congress H.R. I would also like to thank the gen- cers, who many times encounter these 1150, the Juvenile Crime Control and tleman from Florida (Mr. CANADY) for young kids again in stressful situa- Delinquency Prevention Act of 1999, his support in helping move this bill. tions, and for the police officers to see which highlighted the importance of Since this is sort of the waning days of these young people in athletic settings prevention and early intervention as the gentleman’s days in Congress, I and learning how to run computers I the means of addressing juvenile crime. want to publicly thank him for his think is very important, positive. That passed out of the Committee on service to the people of Florida and his I have always said I would much Education and the Workforce sub- country, and wish him and his young rather have kids shooting basketballs committee with support from all of the family the best of luck as he returns to than shooting each other, and I would subcommittee members. Similarly, the life as a normal person. much rather have them pushing com- Subcommittee on Crime unanimously I also would like to applaud Ron puter keys than pushing drugs, and passed the first version of H.R. 1501, Exley, a board member of the National this bill will go a long way in trying to which provided for flexible account- Police Athletic League, for his tireless provide young people with alternatives ability and early intervention ap- efforts in promoting this bill. to crime. proaches for juveniles before the court Mr. Speaker, since you are going to I am a strong believer in giving kids system with cosponsorship of the en- be going back to Indiana, I want to an alternative to the temptations of tire subcommittee. thank you for the opportunity to serve the street. The Police Athletic League Additionally, many of us had the op- with you as well. This is sort of a bit- has established an impressive track portunity to participate in a bipartisan tersweet time of year for many of us. record of providing such an alternative task force to examine youth violence. Both of you have really done a great in America’s cities. But there are many The task force reviewed the research job for the people you represent. kids out there who do not have access on the problem of youth violence and The Police Athletic League is a net- to help and deserve our attention. I heard testimony from witnesses from work of more than 320 chapters in 42 urge my colleagues to help these kids academia, law enforcement, the judi- states serving over 1.5 million kids by supporting this bill. cial system, and advocacy groups. each year. Individual chapters are vol- Mr. SCOTT. Mr. Speaker, I yield unteer-driven and receive most of their b 1615 back the balance of my time. funding from private sources. In part- Mr. CANADY of Florida. Mr. Speak- I quote from the final report: nership with local law enforcement ac- er, I yield myself such time as I may Overall, the need for prevention and early tivities, PAL chapters help to narrow consume. intervention programs at every step is para- the gap in trust that exists between Mr. Speaker, I again want to con- mount. Since the most important contrib- kids and the police, especially in low- gratulate the gentleman from Wis- uting factor to youth violence is the absence of a nurturing and supportive home environ- income and high-crime neighborhoods. consin (Mr. BARRETT) for his out- ment, we know that youth can be steered PAL offers after-school athletic and standing leadership on this important away from crime. Building strong relation- recreation programs designed to give legislation and to acknowledge the ships between children and their parents and kids an alternative to gangs, drugs and gentleman from Florida (Mr. MCCOL- communities are the best way to ensure crime, and to reinforce in them the val- LUM) and the gentleman from Virginia their health and well-being. ues of responsibility, hard work and (Mr. SCOTT) for helping move us to the Mr. Speaker, experts who met with community. point where this bill is considered by the bipartisan task force essentially Just last week I was reminded of the House today. agreed that early intervention and pre- what PAL means for our kids when I Ms. JACKSON-LEE of Texas. Mr. Speaker, vention efforts are essential to reduc- attended the ground breaking for the I rise in strong support of H.R. 3235, the ‘‘Na- ing youth violence. Furthermore, the Milwaukee chapter’s new facility. This tional Police Athletic League Youth Enrich- task force concluded that such preven- event was the perfect illustration of ment Act of 1999.’’ I commend my colleagues tion efforts also require coordination what we are trying to accomplish with on the Judiciary Committee for reporting the and partnership with community orga- this legislation. The new facility will bill by voice vote. As a cosponsor of this legis- nizations. be located in a neighborhood plagued lation, I am delighted that it enjoys bipartisan In sum, the record shows that we by high crime and poverty, bringing support. I does so for a good reason. know how to reduce juvenile crime and these valuable programs and activities It helps our children find alternatives to delinquency. We must focus on preven- to the kids who need them. crime through a sensible grant program ad- tion and early intervention, and we The National Police Athletic League ministered by the Department of Justice. must seek help from community orga- Youth Enrichment Act is modeled after America urgently needs such legislation to nizations such as police athletic legislation enacted in 1997 to increase allow children, especially at-risk youth, to ob- leagues. the number of Boys and Girls Clubs tain greater exposure through such legislative Mr. Speaker, H.R. 3235, the National serving low-income areas. Similarly, solutions. Our children need the right kind of Police Athletic League Youth Enrich- this bill calls for the establishment of incentives that allow them to learn in a wel- ment Act of 1999, would foster much- 250 new PAL chapters over 5 years in coming environment without the threat of vio- needed community partnerships and public housing projects in other dis- lence. help to accomplish our goal of reducing tressed areas and would provide addi- The Police Athletic League (PAL) was juvenile crime. I therefore support the tional resources to help existing chap- founded by police officers in New York city in legislation and urge my colleagues to ters expand and enhance their services 1914. Its goal is to offer an alternative to support the bill. in underserved areas. crime, drugs, and violence for at-risk youths. Mr. Speaker, I yield such time as he In addition to recreational activities, PAL offers after school numerous school ath- may consume to the gentleman from the new PAL chapters would be re- letic, prevention programs in the nation, with a

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8583 network of 320 local chapters and 1,700 facili- the rules and pass the bill, H.R. 3235, as participating States that comply with the ties that serve more than 3,000 communities amended. requirements of paragraph (1). and 1.5 million children. Local chapters are The question was taken; and (two- ‘‘(3) COMPLIANCE.—The Attorney General shall issue regulations to ensure compliance volunteer driven and receive most of their thirds having voted in favor thereof) the rules were suspended and the bill, with the requirements of paragraph (1).’’. funding from private sources. That is certainly (b) CONFORMING AMENDMENT.—Section a record to be proud of. as amended, was passed. 506(a) of title I of the Omnibus Crime Control H.R. 3235 would authorize the appropriation A motion to reconsider was laid on and Safe Streets Act of 1968 is amended by of $16 million a year for 5 years beginning the table. striking ‘‘subsection (f),’’ and inserting ‘‘sub- with this fiscal year. The funds would be used f sections (f) and (g),’’. (c) EFFECTIVE DATE.—The amendments to enhance services provided by the present VICTIMS OF RAPE HEALTH chapters, and provide seed money for the es- made by subsection (a) shall take effect on PROTECTION ACT the first day of each fiscal year succeeding tablishment of 250 additional chapters in pub- Mr. CANADY of Florida. Mr. Speak- the first fiscal year beginning 2 years after lic housing projects and other distressed the date of the enactment of this Act. areas. This could make an enormous dif- er, I move to suspend the rules and The SPEAKER pro tempore. Pursu- ference to the life of so many children that pass the bill (H.R. 3088) to amend the ant to the rule, the gentleman from need a fighting chance. Omnibus Crime Control and Safe Florida (Mr. CANADY) and the gen- To be eligible to receive a grant, PAL would Streets Act of 1968 to provide addi- tleman from Virginia (Mr. SCOTT) each have to submit an application to DOJ with a tional protections to victims of rape. will control 20 minutes. few important requirements. First, a long-term The Clerk read as follows: The Chair recognizes the gentleman strategy on how and where the 250 new chap- H.R. 3088 from Florida (Mr. CANADY). ters will be established and maintained, along Be it enacted by the Senate and House of Rep- with how the present 320 chapters will be resentatives of the United States of America in GENERAL LEAVE Congress assembled, maintained. Second, a certification that there Mr. CANADY of Florida. Mr. Speak- SECTION 1. SHORT TITLE. er, I ask unanimous consent that all will be coordination with the communities in This Act may be cited as the ‘‘Victims of which the new chapters are established. Third, Members may have 5 legislative days Rape Health Protection Act’’. within which to revise and extend their an explanation of how the new chapters will SEC. 2. BYRNE GRANT REDUCTION FOR NON- continue to exist when the full federal funding COMPLIANCE. remarks and include extraneous mate- stops. (a) GRANT REDUCTION FOR NONCOMPLI- rial on H.R. 3088. Mr. Speaker, I believe these are very rea- ANCE.—Section 506 of title I of the Omnibus The SPEAKER pro tempore. Is there sonable procedures to help find alternative Crime Control and Safe Streets Act of 1968 objection to the request of the gen- steps to violence. These are reasonable and (42 U.S.C. 3756) is amended by adding at the tleman from Florida? end the following: necessary incentives for communities to come There was no objection. ‘‘(g) LAWS OF REGULATIONS.— Mr. CANADY of Florida. Mr. Speak- together on behalf of our children. ‘‘(1) IN GENERAL.—The funds available Children need these after school athletic, under this subpart for a State shall be re- er, I yield such time as he may con- recreational, and educational programs to im- duced by 10 percent and redistributed under sume to the gentleman from Florida prove their lives. As cosponsor of this impor- paragraph (2) unless the State demonstrates (Mr. WELDON), the sponsor of this legis- tant legislation, I urge my colleagues to em- to the satisfaction of the Director that the lation. brace this measure in the widest bipartisan law or regulations of the State with respect Mr. WELDON of Florida. Mr. Speak- manner possible. to a defendant against whom an information er, I thank the gentleman for yielding or indictment is presented for a crime in Mr. HORN. Mr. Speaker, I strongly support me time. which by force or threat of force the perpe- Mr. Speaker, in the summer of 1996, a H.R. 3235. In California, the PAL programs trator compels the victim to engage in sex- play an integral role in our communities. PAL ual activity, the State requires as follows: 7-year-old girl was brutally raped by a programs provide positive activities for youth ‘‘(A) That the defendant be tested for HIV 57-year-old deranged man. The little to participate in as an alternative to gangs and disease if— girl and her 5-year-old brother had violence. They instill family values, teach ‘‘(i) the nature of the alleged crime is such been lured to a secluded abandoned teamwork, honesty, and personal account- that the sexual activity would have placed building. The man raped and sodomized ability. PAL programs keep our communities the victim at risk of becoming infected with this little girl. After the man’s arrest, HIV; or safe and our youth out of danger. the accused refused to be tested for ‘‘(ii) the victim requests that the defend- HIV. His refusal to take the test was In Long Beach, California, a city I proudly ant be so tested. represent, PAL programs have served thou- ‘‘(B) That if the conditions specified in sub- permitted and protected under the sands of youth in the area throughout the past paragraph (A) are met, the defendant under- State law. The man later admitted to ten years. Not only are young people enjoying go the test not later than 48 hours after the police that he was infected with HIV. recreational activities, they are receiving help date on which the information or indictment The bill before us would ensure that with homework, learning to use computers, is presented, and that as soon thereafter as is families like this one, and numerous and positively influencing their peers to partici- practicable the results of the test be made others, are not forced to endure torture pate. This invaluable program has helped so available to the victim; the defendant (or if beyond the assault that has already the defendant is a minor, to the legal guard- many youngsters that would have otherwise been inflicted upon their child. ian of the defendant); the attorneys of the I urge my colleagues to vote for pas- been at risk of getting involved in criminal ac- victim; the attorneys of the defendant; the tivity, gang violence or drug abuse. prosecuting attorneys; and the judge pre- sage of H.R. 3088, the Victims of Rape Every community should be as fortunate to siding at the trial, if any. Health Protection Act. This bill will have a preventive program like the PAL pro- ‘‘(C) That if the defendant has been tested save the lives of victims of sexual as- gram to help reduce juvenile crime. I com- pursuant to subparagraph (B), the defendant, sault. This bill ensures that the vic- mend the Long Beach chapter for their excel- upon request of the victim, undergo such fol- tims of sexual assault or their parents lent work on behalf of our community and the low-up tests for HIV as may be medically ap- know as quickly as possible the HIV propriate, and that as soon as is practicable lives of every youth that PAL has touched. I status of the perpetrator of the crime. after each such test the results of the test be Sexual assault, sadly, occurs too also look forward to hearing about more suc- made available in accordance with subpara- cess stories from PAL programs across the graph (B) (except that this subparagraph ap- often in our society. These victims suf- country. plies only to the extent that the individual fer unimaginable cruelties and physical As a cosponsor and strong supporter of involved continues to be a defendant in the and emotional scars that usually last a H.R. 3235, I encourage all of my colleagues to judicial proceedings involved, or is convicted lifetime. Furthermore, with the in- support and pass this bill. Our nation’s youth in the proceedings). creased incidence of HIV infection in deserves this commitment of resources. ‘‘(D) That, if the results of a test con- the population, these victims are often Mr. Speaker, I yield back the balance ducted pursuant to subparagraph (B) or (C) forced to wait months or years to know indicate that the defendant has HIV disease, whether or not they were exposed to of my time. such fact may, as relevant, be considered in The SPEAKER pro tempore (Mr. the judicial proceedings conducted with re- the HIV virus. PEASE). The question is on the motion spect to the alleged crime. This bill puts an end to further tor- offered by the gentleman from Florida ‘‘(2) REDISTRIBUTION.—Any funds available ture of the victims and their families. (Mr. CANADY) that the House suspend for redistribution shall be redistributed to This bill ensures that the victims of

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8584 CONGRESSIONAL RECORD — HOUSE October 2, 2000 sexual assault can require that the ac- For example, there has been no op- b 1630 cused be tested as soon as an indict- portunity for anybody to review the That typically involves going before ment or an information is filed against bill, there is no opportunity for amend- a grand jury, a jury of your peers, and the person. No longer will a victim ments and there is no opportunity for those processes do not bring, in most have to wait months or years for such any interested parties to comment. It instances, trivial incidents of some- a test of the accused. No longer will was just sprung on us Friday after- body who was hundreds of miles away the perpetrators of these crimes be al- noon, and here it is. Six weeks before at the time of the alleged crime. Typi- lowed to bargain for lighter sentences an election, I guess it is important to cally, there has been an arrest, for ex- in exchange for undergoing HIV test- pass the bill without any hearings and ample, followed by an arraignment. ing. This bill puts the rights of victims without the opportunity to be heard, so The reason this is so imperative, a ahead of that of the sexual predators. I guess this is the way we are going to lot of these crimes happen on Friday Why is it critical that the victim have to legislate the last few weeks. night, and if we have to insert in the know as soon as possible if they were First of all, there are a number of process a probable cause hearing, we exposed? The new England Journal of problems with the bill. It requires a are going to get beyond a 72-hour win- Medicine published a study in April of person to be subjected to an AIDS test, dow. And if we really look at the 1997 finding that treatment with HIV even if they are innocent, even if they pathophysiology of how this virus is drugs can prevent HIV infection, pro- can prove their innocence beyond a transmitted, the current recommenda- vided that the treatment is started reasonable doubt. tions are that if we cannot go on within hours. The study reviews the Now, some people that may actually antiretroviral within 72 hours, then we treatment of health care workers with have AIDS, may actually be innocent, might as well not even do it. occupational exposure. That study and maybe they want to keep that fact Mr. Speaker, while certainly respect- found a 79 percent drop, almost 80 per- a secret, and here you are, notwith- ing rights is something that I am very cent, drop in HIV infection with those standing the fact that they can show concerned about, we are talking about individuals who are exposed to HIV and by clear and convincing evidence that life and death here, a potential death were started on treatment within they were hundreds of miles away at sentence to somebody who has con- hours of the initial exposure. the time of the alleged offense, that it tracted AIDS. Yes, there are case re- Furthermore, the study goes on to re- was not them. They do not have an op- ports in the medical literature of peo- port the rate of transmission from portunity to be heard. They get tested, ple contracting AIDS through rape; so needlestick injuries is similar to that and there is nothing in the bill for con- we know that it happens. We know that of sexual exposure. Clearly, getting in- fidentiality. This information just goes the transmission rate is very, very formation to the victims of sexual as- all over the place. similar to the rate on needlestick inju- It requires that the test be given, sault as quickly as possible is critical ries. even though in some circumstances in saving the lives of those if they have We know if we institute antiretro- there is zero risk of transmission. It been exposed. viral therapy within 72 hours of a Some might suggest that all victims says a person, if requested by the vic- needlestick injury, we can lower the of sexual assault be given anti-HIV tim, even though there is no chance of transmission rate of AIDS by almost 80 drugs as a precautionary measure. As a transmission, the tests can be given. percent. It is for that reason that I feel There is no protocol, as I indicated, medical doctor myself who has admin- that a probable cause hearing would about confidentiality. You may have a istered these drugs many times in the lead to unnecessary and inappropriate situation where the victim actually past, I know firsthand that there can delay. has AIDS and wants to keep it a secret, We are balancing the life of the other be serious side effects. Additionally, I and, all of a sudden, whether or not the will point out that a 4-week cost of person against the rights of the per- perpetrator had AIDS or not, you have petrators of these crimes. these drugs can run anywhere from $500 her subjected to the possibility of this to $800, an exposure that no person Mr. Speaker, I would like to addi- information getting out. tionally point out that several of the would want to needlessly be exposed to. It is a shocking process that we are As a physician, I am particularly in- other bills that we have taken up today here on; no opportunity to comment, did not go before the committee. The terested in seeing that we take steps no opportunity to require any due that can ensure that the victims of sex- committee frequently waives jurisdic- process, no opportunity to conform tion in a case where they feel that a ual assault are given every available this to what many of the other States opportunity to protect themselves piece of legislation is so inherently ap- have done. Six weeks before an elec- propriate that it needs to move for- against HIV, a sentence of death, that tion, here we are with legislation with could and has resulted from sexual as- ward, and I think that is the case, the a good title, and no opportunity to con- committee’s acknowledgment in this saults. structively deal with it. Many States already have this provi- particular piece of legislation. We asked the patron for 24 hours so Mr. SCOTT. Mr. Speaker, will the sion in law. H.R. 3088 builds on that. we could consider some of these issues, gentleman yield? Let us approve this bill and place the and, no, here it is on suspension; no op- Mr. WELDON of Florida. I yield to rights of victims of crimes above those portunity to review, no opportunity to the gentleman from Virginia. of the perpetrators of crime. Let us en- amend, no opportunity for interested Mr. SCOTT. Mr. Speaker, I would ask sure the greatest protection possible groups to comment. Here we are, vote the gentleman from Florida, in an in- for the victims of sexual assault. it up or down. dictment, does a defendant have any Mr. SCOTT. Mr. Speaker, I yield my- Mr. Speaker, I reserve the balance of opportunity to be heard? self such time as I may consume. my time. Mr. WELDON of Florida. Reclaiming Mr. Speaker, this bill has not gone Mr. CANADY of Florida. Mr. Speak- my time, Mr. Speaker, certainly I am through committee. The issue being er, I yield 3 minutes to the gentleman well aware of the fact that the gen- addressed is being addressed in the Vio- from Florida (Mr. WELDON). tleman from Virginia points out some- lence Against Women Act, where we Mr. WELDON of Florida. Mr. Speak- thing that is correct, the defendant can have committee hearings and actu- er, I thank the gentleman for again does not have any right to be heard; ally come up with a decent bill. There yielding me time. but the defendant has a period before a are several States that have already Mr. Speaker, I would like to respond jury of his peers, a grand jury; and I be- addressed this issue in different ways. to some of the concerns raised by my lieve that in that situation, a probable But the way it has come to us today, it good friend, the gentleman from Vir- cause hearing would make unnecessary has not gone through the Committee ginia. First of all, regarding the issue delay. on the Judiciary. It sounds like it does of a probable cause hearing that the Mr. SCOTT. Mr. Speaker, I yield my- a good job, but there are a number of gentleman brought up, I believe that self such time as I may consume. problems with the legislation. Frankly, the language in my bill sufficiently ad- Mr. Speaker, I would just point out, there has been no attempt to fashion dresses that issue, in that a charge has as the gentleman commented, that in the bill to accomplish its worthy al- to be made, an information or an in- an indictment a person has no oppor- leged goal by any constructive manner. dictment. tunity to be heard. If we can prove that

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8585 it is a case of false identification, we that, if at a later time, we are able to hours so that we could work out some never have an opportunity to bring get an HIV test that comes back nega- of these provisions including, perhaps, compelling proof beyond a reasonable tive, we can discontinue the drugs. some kind of confidentiality, because doubt that it could not have possibly Whereas under current State law in the results of the AIDS test are being been you; and, yet, you are subjected some States, we wait months or years made available to at least six, and pos- to the AIDS test. sometimes before you learn the HIV sibly unlimited numbers of, people. The legislation before us also in- status. Mr. Speaker, I reserve the balance of cludes a provision that a person must Mr. Speaker, what I find even more my time. be subjected to the AIDS test, even egregious is some of these perpetrators Mr. CANADY of Florida. Mr. Speak- though there is no likelihood at all of engage in plea bargaining, trying to re- er, I yield 6 minutes to the gentleman a transmission taking place. The legis- duce a rape charge to an assault charge from Oklahoma (Mr. COBURN). lation talks about not rape, but sexual in exchange for an HIV test, which I Mr. COBURN. Mr. Speaker, I thank activity. That could be fondling. If re- think is reprehensible and should not the gentleman for yielding me the quested by the defendant, the person be permissible by any State law, and time. could be subjected to an AIDS test. that is why I decided to move forward Mr. Speaker, I say to my associate, Mr. WELDON of Florida. Mr. Speak- with this legislation. the gentleman from Virginia (Mr. er, will the gentleman yield? Mr. SCOTT. Reclaiming my time, Mr. SCOTT), that I would like to address Mr. SCOTT. I yield to the gentleman Speaker, can the gentleman advise why three or four questions. Number one is, from Florida. it is necessary or what compelling rea- one of the bases of his arguments is Mr. WELDON of Florida. Mr. Speak- son there is if the activity would place that there is no integrity in the testing er, as the gentleman knows, being very the victim at no risk of becoming in- system in terms of confidentiality; familiar with the law, and, of course, I fected with AIDS, why the AIDS test that has been proven totally false, the bring to this debate my experience as a ought to be required? basis of that claim. physician having taken care of a lot of Mr. WELDON of Florida. Mr. Speak- We as a medical community, as a AIDS patients, most reputable prosecu- er, will the gentleman yield? public health community have not al- tors will look at exonerating informa- Mr. SCOTT. I yield to the gentleman lowed leaks; that is exactly the same tion before they would bring an indict- from Florida. argument that was stated when chil- Mr. WELDON of Florida. Mr. Speak- ment before a grand jury; and those dren are born to mothers with HIV that er, I am confused by the gentleman’s pieces of information are not totally they would not come in and get tested question. because somebody would find out. excluded. Mr. SCOTT. Mr. Speaker, reclaiming My concern with the gentleman’s In fact, what has happened is we have my time, on page 2, lines 12 through 19, issue, the probable cause issue is that even more women coming in and get- it says that the State shall require the it would lead to sufficient level of ting tested because all women are in- following: an AIDS test if the nature of delay that people would not be treated terested in their children. the activity would have placed the vic- within the 72-hour window; and then, Mr. Speaker, the assumption that tim at risk of becoming infected or the therefore, people would unnecessarily there is not integrity in the testing victim requested the defendants to be contract AIDS, and that the better process and somebody outside who ab- so tested. solutely needs to know will violate good is to allow this provision to go So if the victim requested the defend- that person’s right is an erroneous as- forward; and that the rights of the ac- ant to be so tested, even though there sumption, and it is one that is contin- cused would be sufficiently protected is no chance of a transmission, then ually used in the HIV epidemic. through the indictment process. the test goes forward anyway. Mr. SCOTT. Reclaiming my time, Mr. My question is, why do we have the The other point that I would make, Speaker, I would ask the gentleman to provision that the defendant be tested so that the gentleman would surely advise us as to how much time after an even though there is no chance of them know this, is that out of the 1.2 million offense an indictment is normally ob- being infected? people who have been infected with tained. Mr. WELDON of Florida. Will the HIV thus far in our country, 600,000 of Mr. WELDON of Florida. If the gen- gentleman continue to yield? them still do not know they have HIV; tleman would continue to yield, it is Mr. SCOTT. I yield to the gentleman they still do not know if they have my understanding that frequently in from Florida. HIV. cases where the information is compel- Mr. WELDON of Florida. Mr. Speak- So whether or not an HIV test is ap- ling, that it can be brought within 72 er, I believe that there is a component propriate or a non-HIV test is appro- hours. of this that is necessary to put people’s priate, there is enough behavior in our Mr. SCOTT. Reclaiming my time, Mr. minds at ease in these cases. While it country that is not malicious that is Speaker, an indictment 72 hours after may be a scientific fact that HIV trans- associated with HIV infection that no- the offense, including the investigation mission is unlikely to occur from cer- body knows who is HIV infected and and the arrest and the convening of a tain other types of exchange of bodily who is not, because they all look the grand jury is frequently done within 72 fluids and that the risk is quite low, same. HIV is not a regarder of persons hours. Is that the information that we the victims of these crimes have zero of color or sex or life-style. It does not are going to base our consideration of tolerance for risk. care. It does infect. this bill on? And while it may be easy for the gen- The other question that I would ask I know the gentleman is a physician tleman as a lawyer or for me as a doc- from the gentleman is, this is really a and not a lawyer, and perhaps if it had tor to say, oh, do not worry, what that question of squaring off of rights. The gone through the Committee on the perpetrator did to you puts you at vir- gentleman from Virginia (Mr. SCOTT) Judiciary, we would find that a lot of tually no risk, that is not acceptable to has a great record of protecting indi- these cases the indictment comes them; they want to know. They want vidual’s rights, and I think that is very months after the offense. zero risk, and that is why I put that important, that we could not ignore it. Mr. WELDON of Florida. If the gen- provision in the bill. I want to read through a few sets of tleman would continue to yield, I real- Certainly, as this piece of legislation stories and tell me whether or not we ize that all those things occurring moves forward through the Senate and ought to be protecting the rights of the within 72 hours can occur, but it is un- goes to a conference, there may be rapist or the accused rapist or the ac- usual, and that very often it takes some opportunity to adjust this lan- cused molester or those that were, in longer. But I am also aware that we guage to put some further provisions in fact, victims of it. 41-year-old Alabama can place a patient on antiretroviral there that may make the gentleman man raped a 4-year-old girl, infecting therapy while that process is working more comfortable with the legislation, her with HIV which later claimed her through, and that if we do run into but that is why I included that lan- life, 1996. problems with side effects from the guage in there. Had we known at the time his HIV drugs or if there are some serious con- Mr. SCOTT. Reclaiming my time, Mr. status, the little girl would be alive. As cerns regarding the costs of the drugs, Speaker, that is why we asked for 24 a matter of fact, what we know now is

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8586 CONGRESSIONAL RECORD — HOUSE October 2, 2000 if, in fact, we treat early, multiple situation of the results of the test. The The gentleman is talking about an times, we eliminate the infection, even fact of the matter is that in the bill, innocent person who is having their if there was positive HIV there. the information is divulged not just to private affairs exposed to the world. That knowledge within a 72-hour medical personnel but to the victim, What good does that do? frame will give us an opportunity to the defendant, the attorneys for the Mr. COBURN. If the gentleman will have at least one aspect of an assault victim, the atorneys for the defendant, yield, they are not exposed to the reversed. the prosecuting attorneys, and the world, they are only exposed to the A 35-year-old man in Iowa raped a 15- judge presiding at the trial. world if in fact it comes to trial. What year-old girl and her 69-year-old grand- The SPEAKER pro tempore (Mr. is exposed today is those people who mother. He was infected with HIV. No PEASE). The time of the gentleman are plea bargaining to get out of the access to know. They did not know it from Oklahoma (Mr. COBURN) has ex- rape charge by granting testing for until after the fact, until somebody be- pired. HIV. came positive. Mr. SCOTT. Mr. Speaker, I yield my- Mr. SCOTT. Does the gentleman ac- In New Jersey, 3 boys gang raped a self such time as I may consume. knowledge that somebody could be fac- 10-year-old mentally retarded girl. The Mr. Speaker, the information is also tually innocent and could prove it by girl’s family demanded that the boys given to the judge presiding at the conclusive evidence, but does the gen- be HIV tested. Three years after the trial, and it provides that if the results tleman disagree or will he acknowledge girl was raped and the boys were con- are positive, such facts may, as rel- that that would become public? victed, the family was still fighting to evant, be considered in the judicial Mr. COBURN. No, I will not acknowl- learn the HIV status of the attackers. proceedings conducted with respect to edge. I believe that our law is based on bal- the alleged crime, by means that it vir- Mr. SCOTT. I ask the gentleman, ance, balance of both sets of rights and tually has to become public informa- how do they keep it private if the vic- the claim that we cannot know. As a tion in the public trial. tim gets information, the defendant matter of fact, let me just change di- Mr. COBURN. Mr. Speaker, will the gets information, the attorneys for the rection. We would not even be having gentleman yield? victim, the attorneys for the defend- this discussion today if we handled HIV Mr. SCOTT. I yield to the gentleman ant, the prosecuting attorneys, the like the infectious disease that it from Oklahoma. judge, and the information can get should be. That fact, if we had proper Mr. COBURN. Right. And today we used in a public trial? Then how does partner notification, proper follow-up, do the exact same thing on syphilis. the gentleman keep that information proper exposure follow-up, this would Let me put forward to the gentleman private until the person can say, ‘‘I was not even be a question on the House that, number one, do we serve society’s 100 miles away from the alleged inci- floor, but because we did the politi- greater good if in fact we limit the dent, it was not me, and I can prove cally correct thing at the wrong time spread of the disease; number two, do it?’’ and did not treat it like the disease it we serve the victim’s greater good; Mr. COBURN. If the gentleman will is, we now have 600,000 Americans that and, number three, if in fact all those continue to yield, is the gentleman have died from it. individuals that the gentleman men- saying that people are not held ac- I think the question is, are we for the tioned are professional, they can be countable for confidentiality other- rapists or are we for the molesters? Are held in conduct claims against their wise? Mr. SCOTT. If the gentleman reads we for those people who take advan- own professionalism if in fact they di- the bill, it requires the information to tage of others in terms of life beyond vulge it. The final point I would make in become public. the attempt to harm someone, or are Mr. COBURN. I do not know Virginia, we for the victims? terms of the gentleman’s argument is that it should be exposed. If somebody, but other States, if you have the infor- b 1645 in law, has violated somebody else and mation of public health knowledge that So the real test of this vote this has given them a disease, one of the is considered confidential, then there is evening in the Chamber is people are things we do when one is convicted of no right to distribute that information. Mr. SCOTT. If the gentleman would going to line up. They are either going a felony is they lose certain rights. to be for rapists and molesters, or they Mr. SCOTT. Reclaiming my time, Mr. read the bill, it is not in there. Mr. COBURN. I have read the bill. are going to be for the victims. That is Speaker, there has been no opportunity Mr. SCOTT. This is the bill. The bill certainly somewhat of an over- for the defendant to express himself or requires the disclosure of information. simplification, but we would not be show conclusive evidence he is inno- Mr. COBURN. At what time? here if we did not have the same ra- cent of the underlying charge. The fact Mr. SCOTT. During the trial, before tionalization that the gentleman put that they may have AIDS becomes pub- the defendant ever has an opportunity forward before, that we cannot test lic during the trial, before they have to respond. people and hold that confidential. had an opportunity to be heard. Mr. COBURN. Right. Mr. SCOTT. Mr. Speaker, will the The reason we are discussing this is Mr. SCOTT. To show that he was not gentleman yield? the fact that before this information is there, he was not within 100 miles, and Mr. COBURN. I yield to the gen- spread all over the world, before they the fact that he has AIDS becomes a tleman from Virginia. can say, ‘‘It was not me, I was 100 miles matter of public information. Mr. SCOTT. Mr. Speaker, I appre- away, and can prove it,’’ it is all over Mr. COBURN. If the gentleman will ciate the gentleman yielding. the world. We would not be having this continue to yield, the gentleman’s con- Frankly, we would not be having the discussion if we could work this out so tention is that for those people today discussion if we had 24 hours notice in we could have meaningful confiden- presently infected by HIV, it is more which to discuss the bill. I think it tiality, some meaningful opportunity important to maintain their confiden- could have been worked out. to be heard. There would not have been tiality than to treat and keep some- Mr. COBURN. Reclaiming my time, this discussion. It was less than one body else from getting HIV? That is Mr. Speaker, the gentleman knows business day, no opportunity to be what the gentleman just said. That is that I have nothing to do with that. heard, no opportunity to comment. exactly how we have handled this epi- That is not changing the fact that we I will continue to read. demic. That is what is wrong with it. are here to discuss the facts of this bill. Mr. COBURN. Mr. Speaker, I would Mr. SCOTT. If the gentleman would Mr. SCOTT. When I was in the State just ask the gentleman to think, if one think back to what I had said, if the Senate of Virginia, we dealt with the of his family members—— person is innocent of the charge and issue and gave the defendant an Mr. SCOTT. Reclaiming my time, can prove it, then I see no compelling opportunty to be heard so that we are when I was a member of the State Sen- interest to expose the fact that they not imposing this test on innocent in- ate, I worked on legislation just like have AIDS. If they are in fact guilty, dividuals. this to give the victim the ability as then the fact that they might have an The gentleman mentioned that there soon as practicable to get the informa- opportunity to be heard would not slow is confidentiality within the medical tion. This does not have that. things down one iota.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8587 Mr. Speaker, basically if the other HIV prophylaxis to occur, it needs to AIDS. According to a recent Department of side had offered us 24 hours, even, to be initiated within 72 hours. Justice report, New Directions from the Field: discuss the bill, I think it could have I also would point out that many Victims’ Rights and Services for the 21st Cen- been done in the same form that Vir- States currently already comply with tury, ‘‘Advocates still report problems with in- ginia did it, that gives an expedited op- the provisions in this law, including surance companies that, upon learning of the portunity to be heard and a right to be my home State of Florida, and there victim’s HIV test or results, raise health insur- tested so everyone’s rights are pro- have not been problems with release of ance premiums or cancel the victim’s policy al- tected. information to the public. together.’’ This is clearly unconscionable, yet This provides no such rights. If some- I would also like to point out that could easily result from this bill. one has AIDS and wants to keep that any inappropriate distribution of infor- Second, we should be concerned with the information private, they have essen- mation on HIV testing that was to be converse situation, where only the victim’s re- tially, under this bill, no opportunity given by any legal professionals, then quest will trigger testing of the defendant. to do it because that information those people would be subject to the Under this bill, testing must occur if a victim would be part of a public trial. Then, standard disciplinary actions that cur- desires it, even in situations where one cannot after the fact that they have AIDS has rently are in place. reasonably believe the test is needed. I been made public, then they get to Therefore, I feel that this is clearly a strongly support retaining the standard under present their evidence showing that case of balancing the greater good. I current Federal law of having the court deter- they were 300 miles away and could not believe the greater good is to protect mine whether the test provides information have possibly been the one who is ac- the right of victims in this case be- necessary to the victim’s health and whether cused of the crime. cause of the potential to save life. I the defendant’s conduct may have created a Mr. Speaker, this requires testing urge all my colleagues on both sides of risk of transmission. even though there is no risk of becom- the aisle to support this legislation. Third, this bill fails to truly account for the in- ing infected. There is no confiden- Mr. WAXMAN. Mr. Speaker, I rise to ex- terests of the victim. There is no provision of tiality of the information. It is spread press my concerns over H.R. 3088, the Vic- counseling, referrals or services for the victim. to a minimum of six, possibly dozens of tims of Rape Health Protection Act of 2000. If we are going to expend scarce resources on others, even possibly more. It says at- While I fully sympathize with the intent of this timely testing of the defendant, we must en- torneys for the victim, attorneys for legislation, I am afraid that it lacks important sure that their victims have complete access the defendant, and that could be an en- safeguards with would allow for the full protec- to counseling, testing and to health services— tire law firm. There is no telling how tion of victims’ rights. I have no doubt that the services which should include immediate, ag- many people would get the informa- absence of these crucial details can be attrib- gressive treatment. Nor is there any question tion. None of them are physicians. uted to the bill’s hasty discharge from the that victims of sexual offenses should be enti- This bill should have gone through committee of jurisdiction, and the complete ab- tled to testing for other very serious sexually— committee. I am sure we could have sence of any deliberation by the Committee on transmitted diseases, not just HIV/AIDS. worked out legislation, just like we did Judiciary. As the Department of Justice’s report states, in Virginia when I was in the State It is important that we understand current ‘‘Although testing the offender may be impor- Senate, we worked out legislation like law as it applies to the rights of victims of sex- tant to the victim, it should be emphasized that testing the offender does not replace focusing this. We could have done it with the ual assault. According to the National Victim on the victim’s medical and emotional needs.’’ Violence Against Women Act, where Center, 44 states have laws for the mandatory Indeed, many states require counseling for the law presently deals with this issue. testing of sexual offenders. Of these states, 16 victims prior or in conjunction with the manda- But no, 6 weeks before the election require mandatory testing before conviction, tory testing, as does current Federal law. But here we come, vote it up or down. We 33 require testing after conviction, and six re- that would not be the case under this bill. do not have to consider any of this, we quire testing both before and after testing. Finally, in another counterproductive depar- Under Federal law, HIV testing of convicted do not have to be able to review it, we ture from current law, the bill needlessly re- sexual offenders is a mandatory condition of do not have to be able to amend it or quires distribution of HIV test results—which States’ receipt of certain prison grants. Under give people the opportunity to be are highly sensitive health information—to a heard, we just have to be able to vote the Crime Control Act of 1994, Congress al- large number of parties, some of whom in it up or down. lowed victims of sexual assault to obtain a some situations may not require or even de- That is not the way we ought to be court order requiring the defendant to submit sire the information. Again, in contrast, states legislating. This bill is unfair and un- to testing. like Wisconsin have been sensitive to these reasonable. It could have been fixed Under current law, such an order may be legitimate victim’s concerns, specifying that with some minor amendments, but we obtained provided that probable cause has test results shall not become part of a per- do not have the opportunity because it been determined, the victim seeks testing of son’s permanent medical records. is right before an election and we have the defendant after appropriate counseling, I am troubled by these obvious deficiencies to take it up or down, take it or leave and the court determines both that test would of H.R. 3088, and regret that neither the Com- it. provide information necessary to the victim’s mittee on Judiciary nor the Members of this Mr. Speaker, I yield back the balance health and that the defendant’s alleged con- House were afforded an opportunity to correct of my time. duct created a risk of transmission. them. Mr. CANADY of Florida. Mr. Speak- In contrast, this bill requires that States Mr. STARK. Mr. Speaker, I rise today to op- er, I yield the balance of the time to enact mandatory HIV testing laws where the pose H.R. 3088, the Victims of Rape Health the gentleman from Florida (Mr. alleged crime ‘‘placed the victim at risk of be- Protection Act. WELDON), the sponsor of the legisla- coming infected with HIV’’ or if ‘‘the victim re- This bill places the wrong emphasis in deal- tion. quests that the defendant be so tested.’’ ing with the very important crime of rape by Mr. WELDON of Florida. Mr. Speak- For a bill that purports to protect the rights violating law-biding citizen’s constitutional pri- er, I thank the gentleman for yielding of victims of sexual offenses, I am troubled by vacy rights and due process rights. time to me. its lack of important and fundamental consid- This bill inappropriately focuses on the de- Of course, I have the utmost respect erations. fendant rather than helping the victim of rape. for my colleague, the gentleman from First, under this bill, it is possible that testing If the Congress really wants to aid the health Virginia, and his experience on this of the defendant would occur and the results of a rape victim, then this bill should include issue in the Virginia legislature. I will of that testing be widely distributed—despite referrals or direct assistance for health serv- point out that it did occur prior to the the express wishes of the victim. In other ices to rape victims. These health services development of a stronger body of words, in cases of sexual assault with a result- should include making available the rapid test- knowledge on how to prevent HIV in- ing risk of HIV infection, this bill seeks to have ing for HIV and other sexually-transmitted dis- fection. States enact laws to compel testing—even if eases in order to allow the rape victim to take The article that I cited that this leg- the victim did not request such testing. advantage of an aggressive treatment regimen islation is based on was published in This is not just a theoretical possibility. Vic- that needs to begin within 48–72 hours after 1997 prior to the Virginia statute being tims may justly be concerned about the disclo- infection. implemented, and the authors of this sure of test results. Despite our best efforts, This legislation illegally encourages the vio- article appropriately point out that for there remains a stigma associated with HIV/ lation of the due process rights of people who

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 9920 D:\DOCS\H02OC0.REC H02OC0 H8588 CONGRESSIONAL RECORD — HOUSE October 2, 2000 may well be innocent law-biding citizens. The Chair’s prior announcement, further Doolittle Kuykendall Rogers proceedings on this motion will be Dreier LaHood Ros-Lehtinen bill threatens states with the partial loss of Duncan Lampson Roukema their drug control grants if they do not test in- postponed. Dunn Largent Ryan (WI) Edwards Larson dividuals accused of rape for HIV. These indi- f Ryun (KS) viduals have not been convicted of a crime Ehlers Latham Salmon Emerson LaTourette therefore it is not right to subject them to a RECESS Sandlin English Leach Saxton mandatory health test. This action is a viola- The SPEAKER pro tempore. Pursu- Etheridge Lewis (CA) Scarborough tion of these individuals’ due process rights Ewing Lewis (KY) Schaffer ant to clause 12 of rule I, the Chair de- Foley Linder Sensenbrenner that are afforded to them during a search and clares the House in recess until ap- Forbes Lipinski Sessions seizure. Fossella LoBiondo proximately 6 p.m. Shadegg Fowler Lucas (KY) This bill violates the privacy of United States Accordingly (at 4 o’clock and 56 min- Shaw citizens. The law requires states to provide Frelinghuysen Lucas (OK) utes p.m.), the House stood in recess Frost Maloney (CT) Shays health information of individuals’ accused—not until approximately 6 p.m. Gallegly Maloney (NY) Sherwood convicted—of rape to court officials and to the Ganske Manzullo Shimkus prosecutor. This information is private medical f Gekas Mascara Shuster Gibbons McCarthy (NY) Simpson documentation that this law encourages States b 1800 Gilman McCrery Sisisky to make public. The release of this information Gonzalez McHugh Skeen to the public could adversely affect innocent AFTER RECESS Goode McInnis Smith (MI) law biding individuals who are found not guilty. Gordon McIntyre Smith (NJ) The recess having expired, the House Goss McKeon Smith (TX) With the public misconceptions and lack of un- was called to order by the Speaker pro Graham McNulty Smith (WA) derstanding surrounding the HIV virus, these tempore (Mr. LATOURETTE) at 6 p.m. Granger Meek (FL) Souder individuals could experience job discrimination Green (WI) Metcalf Spratt f and social exclusion if these records become Greenwood Mica Stabenow Gutknecht Miller (FL) Stearns public. ANNOUNCEMENT BY THE SPEAKER Hall (TX) Miller, Gary Stump Moreover, this legislation unfairly targets in- PRO TEMPORE Hansen Minge Sununu dividuals with HIV and gives the implication Hastings (WA) Moore Sweeney The SPEAKER pro tempore. Pursu- Hayes Moran (KS) that having HIV as being a crime rather than Talent ant to clause 8, rule XX, the Chair will Hayworth Moran (VA) Tancredo a medical condition. It is time that this Con- now put the question on each motion Herger Morella Tanner Hill (IN) Myrick gress began treating diseases such as HIV as to suspend the rules on which further Taylor (NC) a medical condition and not a crime. Hill (MT) Nethercutt Terry proceedings were postponed today in Hobson Ney It is disgraceful that the majority has de- Thornberry the order in which that motion was en- Hoekstra Northup Thune cided to put such a controversial bill on the Holt Nussle Tiahrt tertained. Hooley Ose suspension calendar. This bill has not had a Toomey Votes will be taken in the following Horn Oxley Traficant hearing or a mark-up in committee and it only Hostettler Packard order: Turner has eleven Republican cosponsors. This is an- Hulshof Pascrell H.R. 4049, by the yeas and nays; Udall (CO) other example of the Majority trying to score Hunter Pastor H.R. 4147, by the yeas and nays; and Vitter election year points rather than passing Hutchinson Pease H.R. 3088, by the yeas and nays. Hyde Peterson (MN) Walden thoughtful legislation that improves the health Walsh The Chair will reduce to 5 minutes Inslee Peterson (PA) and respects the rights of all United States Isakson Petri Wamp the time for any electronic vote after Watkins citizens. Istook Phelps the first vote in this series. Jenkins Pitts Watts (OK) Mrs. FOWLER. Mr. Speaker, today I rise in Johnson (CT) Porter Weiner support of H.R. 3088. I believe that we in Con- f Johnson, Sam Price (NC) Weldon (FL) Jones (NC) Pryce (OH) Weldon (PA) gress must do everything possible to insure PRIVACY COMMISSION ACT the emotional, mental and physical health of Kasich Quinn Weller The SPEAKER pro tempore. The Kelly Radanovich Whitfield the victims of violent crime. Kildee Ramstad Wicker In recent years Congress has worked very pending business is the question of sus- Kind (WI) Regula Wilson hard to elevate the status of the victim in the pending the rules and passing the bill, Kingston Reynolds Wolf H.R. 4049, as amended. Kleczka Rivers Wu criminal court process—by recognizing the Knollenberg Roemer Young (AK) need for victims’ rights and writing those rights The Clerk read the title of the bill. Kolbe Rogan Young (FL) into law. The SPEAKER pro tempore. The NAYS—146 Now we have the opportunity to expand question is on the motion offered by upon doing the right thing for the victims of the gentleman from California (Mr. Abercrombie Doggett LaFalce Ackerman Doyle Lantos violent crime. HIV testing of those charged HORN) that the House suspend the rules Baca Ehrlich Lee with violent crimes is a step in the right direc- and pass the bill, H.R. 4049, as amend- Baldwin Engel Levin tion. The second step—making it legal to tell ed, on which the yeas and nays are or- Barr Evans Lewis (GA) dered. Barton Farr Lofgren the victims the medical test results—is essen- Becerra Fattah Lowey tial for their emotional, mental and physical The vote was taken by electronic de- Berman Filner Luther health. And, of course, timeliness of testing vice, and there were—yeas 250, nays Bonior Ford Markey and notification of the victim is of the essence. 146, not voting 37, as follows: Borski Frank (MA) Matsui Boucher Gejdenson McCarthy (MO) We will never be able to undo the harm that [Roll No. 503] Brady (PA) Gephardt McDermott has been done to the victim, but we can take YEAS—250 Brown (OH) Gillmor McGovern Bryant Goodlatte McKinney steps to control its long-term effects. I urge my Aderholt Bliley Chenoweth-Hage Burr Green (TX) Meehan Allen Blumenauer Clement colleagues on both sides of the aisle to take Capuano Gutierrez Meeks (NY) Archer Blunt Coble a stand on victims’ rights. Vote yes on H.R. Cardin Hall (OH) Menendez Armey Boehlert Collins Clayton Hefley Millender- 3088. Bachus Boehner Combest Clyburn Hilliard McDonald Mr. Speaker, I yield back the balance Baird Bonilla Cooksey Coburn Hinchey Miller, George Baker Bono Costello of my time. Condit Hinojosa Mink Ballenger Boswell Cramer The SPEAKER pro tempore (Mr. Conyers Holden Moakley Barcia Boyd Crane Cox Hoyer Mollohan PEASE). The question is on the motion Barrett (NE) Brady (TX) Crowley Coyne Jackson (IL) Murtha offered by the gentleman from Florida Barrett (WI) Burton Cunningham Cubin Jackson-Lee Nadler Bartlett Buyer Davis (FL) (Mr. CANADY) that the House suspend Cummings (TX) Napolitano Bass Callahan Davis (VA) the rules and pass the bill, H.R. 3088. Danner John Norwood Bentsen Calvert DeFazio Davis (IL) Johnson, E. B. Oberstar The question was taken. Bereuter Camp DeGette Deal Jones (OH) Obey Mr. WELDON of Florida. Mr. Speak- Berkley Canady DeLay Delahunt Kanjorski Olver Berry Cannon DeMint er, on that I demand the yeas and nays. DeLauro Kaptur Ortiz Biggert Capps Diaz-Balart The yeas and nays were ordered. Deutsch Kennedy Pallone Bilbray Castle Dickey Dingell Kilpatrick Payne The SPEAKER pro tempore. Pursu- Bilirakis Chabot Dicks Dixon Kucinich Pelosi ant to clause 8 of rule XX and the Bishop Chambliss Dooley

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8589 Pickering Sanford Thompson (CA) Baldwin Etheridge Linder Ryun (KS) Smith (TX) Toomey Pickett Sawyer Thompson (MS) Ballenger Evans Lipinski Sabo Smith (WA) Traficant Pombo Schakowsky Thurman Barcia Ewing LoBiondo Salmon Snyder Turner Pomeroy Scott Tierney Barr Farr Lofgren Sanchez Souder Udall (CO) Rahall Sherman Udall (NM) Barrett (NE) Fattah Lowey Sanders Spratt Udall (NM) Rangel Shows Upton Barrett (WI) Filner Lucas (KY) Sandlin Stabenow Upton Reyes Skelton Velazquez Bartlett Foley Lucas (OK) Sanford Stark Velazquez Rodriguez Slaughter Visclosky Barton Forbes Luther Sawyer Stearns Visclosky Rohrabacher Snyder Saxton Stenholm Vitter Waters Bass Ford Maloney (CT) Rothman Stark Scarborough Strickland Walden Watt (NC) Becerra Fossella Maloney (NY) Roybal-Allard Stenholm Bentsen Fowler Manzullo Schaffer Stump Walsh Waxman Royce Strickland Bereuter Frelinghuysen Markey Schakowsky Stupak Wamp Wexler Rush Stupak Berkley Frost Mascara Sensenbrenner Sununu Waters Weygand Sabo Tauscher Berman Gallegly Matsui Serrano Sweeney Watkins Wynn Sanchez Tauzin Berry Ganske McCarthy (MO) Sessions Talent Watts (OK) Sanders Thomas Biggert Gejdenson McCarthy (NY) Shadegg Tancredo Waxman Shaw Tanner Weiner NOT VOTING—37 Bilbray Gekas McCrery Bilirakis Gephardt McDermott Shays Tauscher Weldon (FL) Andrews Goodling Owens Bishop Gibbons McGovern Sherman Tauzin Weldon (PA) Baldacci Hastings (FL) Paul Bliley Gillmor McHugh Sherwood Taylor (MS) Weller Blagojevich Hilleary Portman Blumenauer Gilman McInnis Shimkus Taylor (NC) Wexler Brown (FL) Hoeffel Riley Blunt Gonzalez McIntyre Shows Terry Weygand Campbell Houghton Serrano Boehlert Goode McKeon Shuster Thomas Whitfield Carson Jefferson Spence Boehner Goodlatte McKinney Simpson Thompson (CA) Wicker Sisisky Thompson (MS) Wilson Clay King (NY) Taylor (MS) Bonilla Gordon McNulty Skeen Thornberry Wolf Cook Klink Towns Bonior Goss Meehan Eshoo Lazio Skelton Thune Wu Vento Bono Graham Meek (FL) Everett Martinez Slaughter Thurman Wynn Wise Borski Granger Meeks (NY) Fletcher McCollum Smith (MI) Tiahrt Young (AK) Woolsey Boswell Green (TX) Menendez Franks (NJ) McIntosh Boucher Green (WI) Metcalf Smith (NJ) Tierney Young (FL) Gilchrest Neal Boyd Greenwood Mica NAYS—2 Brady (PA) Gutierrez Millender- b 1826 Brady (TX) Gutknecht McDonald Scott Watt (NC) Messrs. JACKSON of Illinois, VIS- Brown (OH) Hall (OH) Miller (FL) NOT VOTING—34 Bryant Hall (TX) Miller, Gary CLOSKY, BRYANT, PICKERING, Burr Hansen Miller, George Blagojevich Goodling Neal POMBO, NORWOOD, BURR of North Burton Hastings (WA) Minge Brown (FL) Hastings (FL) Owens Carolina, GOODLATTE, EHRLICH, Buyer Hayes Mink Campbell Hilleary Paul Callahan Hayworth Moakley Carson Houghton Portman ROHRABACHER, BERMAN, BECER- Calvert Hefley Mollohan Clay Hutchinson Riley RA, and Ms. SANCHEZ and Ms. DAN- Camp Herger Moore Cook Jefferson Spence NER changed their vote from ‘‘yea’’ to Canady Hill (IN) Moran (KS) Eshoo King (NY) Towns Cannon Hill (MT) Moran (VA) Everett Klink Vento ‘‘nay.’’ Fletcher Lazio Capps Hilliard Morella Wise Mr. KLECZKA and Mrs. CAPPS Frank (MA) Martinez Capuano Hinchey Murtha Woolsey changed their vote from ‘‘nay’’ to Cardin Hinojosa Myrick Franks (NJ) McCollum ‘‘yea.’’ Castle Hobson Nadler Gilchrest McIntosh So (two-thirds not having voted in Chabot Hoeffel Napolitano f Chambliss Hoekstra Nethercutt favor thereof) the motion was rejected. Chenoweth-Hage Holden Ney b 1836 The result of the vote was announced Clayton Holt Northup as above recorded. Clement Hooley Norwood Mrs. JONES of Ohio and Mr. JACK- Clyburn Horn Nussle SON of Illinois changed their vote from f Coble Hostettler Oberstar Coburn Hoyer Obey ‘‘nay’’ to ‘‘yea.’’ ANNOUNCEMENT BY THE SPEAKER Collins Hulshof Olver So (two-thirds having voted in favor PRO TEMPORE Combest Hunter Ortiz thereof) the rules were suspended and Condit Hyde Ose the bill was passed. The SPEAKER pro tempore (Mr. Conyers Inslee Oxley The result of the vote was announced LATOURETTE). Pursuant to clause 8 of Cooksey Isakson Packard Costello Istook Pallone as above recorded. rule XX, the Chair will reduce to 5 min- Cox Jackson (IL) Pascrell A motion to reconsider was laid on utes the minimum time for electronic Coyne Jackson-Lee Pastor the table. voting on each additional motion to Cramer (TX) Payne Crane Jenkins Pease f suspend the rules on which the Chair Crowley John Pelosi has postponed further proceedings. Cubin Johnson (CT) Peterson (MN) VICTIMS OF RAPE HEALTH Cummings Johnson, E. B. Peterson (PA) f Cunningham Johnson, Sam Petri PROTECTION ACT Danner Jones (NC) Phelps The SPEAKER pro tempore (Mr. STOP MATERIAL UNSUITABLE FOR Davis (FL) Jones (OH) Pickering A OURETTE TEENS ACT Davis (IL) Kanjorski Pickett L T ). The pending business is Davis (VA) Kaptur Pitts the question of suspending the rules The SPEAKER pro tempore. The Deal Kasich Pombo and passing the bill, H.R. 3088. pending business is the question of sus- DeFazio Kelly Pomeroy The Clerk read the title of the bill. pending the rules and passing the bill, DeGette Kennedy Porter Delahunt Kildee Price (NC) The SPEAKER pro tempore. The H.R. 4147. DeLauro Kilpatrick Pryce (OH) question is on the motion offered by The Clerk read the title of the bill. DeLay Kind (WI) Quinn the gentleman from Florida (Mr. CAN- DeMint Kingston Radanovich The SPEAKER pro tempore. The ADY) that the House suspend the rules question is on the motion offered by Deutsch Kleczka Rahall Diaz-Balart Knollenberg Ramstad and pass the bill, H.R. 3088, on which the gentleman from Florida (Mr. CAN- Dickey Kolbe Rangel the yeas and nays are ordered. ADY) that the House suspend the rules Dicks Kucinich Regula This will be a 5-minute vote. and pass the bill, H.R. 4147, on which Dingell Kuykendall Reyes Dixon LaFalce Reynolds The vote was taken by electronic de- the yeas and nays were ordered. Doggett LaHood Rivers vice, and there were—yeas 380, nays 19, This is a 5-minute vote. Dooley Lampson Rodriguez not voting 34, as follows: The vote was taken by electronic de- Doolittle Lantos Roemer [Roll No. 505] vice, and there were—yeas 397, nays 2, Doyle Largent Rogan Dreier Larson Rogers YEAS—380 not voting 34, as follows: Duncan Latham Rohrabacher Abercrombie Dunn LaTourette Ros-Lehtinen Baca Barcia [Roll No. 504] Ackerman Edwards Leach Rothman Bachus Barr Aderholt YEAS—397 Ehlers Lee Roukema Baird Barrett (NE) Allen Abercrombie Andrews Bachus Ehrlich Levin Roybal-Allard Baker Barrett (WI) Andrews Ackerman Archer Baird Emerson Lewis (CA) Royce Baldacci Bartlett Archer Aderholt Armey Baker Engel Lewis (GA) Rush Baldwin Barton Armey Allen Baca Baldacci English Lewis (KY) Ryan (WI) Ballenger Bass

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8590 CONGRESSIONAL RECORD — HOUSE October 2, 2000 Becerra Frelinghuysen McCarthy (NY) Simpson Tancredo Velazquez REPORT ON RESOLUTION PRO- Bentsen Frost McCrery Sisisky Tanner Visclosky Bereuter Gallegly McGovern Skeen Tauscher Vitter VIDING FOR CONSIDERATION OF Berkley Ganske McHugh Skelton Tauzin Walden H.J. RES. 110, MAKING FURTHER Berman Gejdenson McInnis Slaughter Taylor (MS) Walsh CONTINUING APPROPRIATIONS Berry Gekas McIntyre Smith (MI) Taylor (NC) Wamp FOR FISCAL YEAR 2001 Biggert Gephardt McKeon Smith (NJ) Terry Watkins Bilbray Gibbons McKinney Smith (TX) Thomas Watts (OK) Mr. LINDER, from the Committee on Bilirakis Gillmor McNulty Smith (WA) Thompson (CA) Weiner Rules, submitted a privileged report Bishop Gilman Meehan Snyder Thompson (MS) Weldon (FL) Blumenauer Gonzalez Meek (FL) Souder Thornberry Weldon (PA) (Rept. No. 106–925) on the resolution (H. Blunt Goode Meeks (NY) Spratt Thune Weller Res. 604) providing for consideration of Boehlert Goodlatte Menendez Stabenow Thurman Weygand the joint resolution (H.J. Res. 110) Boehner Gordon Metcalf Stearns Tiahrt Whitfield making further continuing appropria- Bonilla Goss Mica Stenholm Tierney Wicker Bonior Graham Millender- Strickland Toomey Wilson tions for the fiscal year 2001, and for Bono Granger McDonald Stump Traficant Wolf other purposes, which was referred to Borski Green (TX) Miller (FL) Stupak Turner Wu the House Calendar and ordered to be Sununu Udall (CO) Wynn Boswell Green (WI) Miller, Gary printed. Boucher Greenwood Minge Sweeney Udall (NM) Young (AK) Boyd Gutierrez Mink Talent Upton Young (FL) f Brady (PA) Gutknecht Moakley NAYS—19 Brady (TX) Hall (OH) Mollohan CONGRATULATING THE REPUBLIC Brown (OH) Hall (TX) Moore Capuano McDermott Sanford OF HUNGARY ON THE MILLEN- Bryant Hansen Moran (KS) Jackson (IL) Miller, George Scott Burr Hastings (WA) Moran (VA) Jackson-Lee Nadler Stark NIUM OF ITS FOUNDATION AS A Burton Hayes Morella (TX) Payne Waters STATE Buyer Hayworth Murtha Jones (OH) Pelosi Watt (NC) Callahan Hefley Myrick Lee Roybal-Allard Waxman Mr. GILMAN. Mr. Speaker, I ask Calvert Herger Napolitano Lewis (GA) Sanders unanimous consent that the Com- Camp Hill (IN) Nethercutt NOT VOTING—34 mittee on International Relations be Canady Hill (MT) Ney discharged from further consideration Cannon Hilliard Northup Blagojevich Gilchrest Owens Capps Hinchey Norwood Bliley Goodling Paul of the concurrent resolution (H. Con. Cardin Hinojosa Nussle Brown (FL) Hastings (FL) Portman Res. 400) congratulating the Republic Castle Hobson Oberstar Campbell Hilleary Riley of Hungary on the millennium of its Carson Houghton Chabot Hoeffel Obey Spence foundation as a state, and ask for its Chambliss Hoekstra Olver Clay King (NY) Towns Chenoweth-Hage Holden Ortiz Conyers Klink Vento immediate consideration in the House. Clayton Holt Ose Cook Lazio Wexler The Clerk read the title of the con- Eshoo Martinez Clement Hooley Oxley Wise Everett McCollum current resolution. Clyburn Horn Packard Woolsey Coble Hostettler Pallone Fletcher McIntosh The SPEAKER pro tempore (Mr. Coburn Hoyer Pascrell Franks (NJ) Neal LATOURETTE). Is there objection to the Collins Hulshof Pastor request of the gentleman from New Combest Hunter Pease b 1845 York? Condit Hutchinson Peterson (MN) Cooksey Hyde Peterson (PA) Ms. PELOSI changed her vote from Mr. LANTOS. Mr. Speaker, reserving Costello Inslee Petri ‘‘yea’’ to ‘‘nay.’’ the right to object, and I will not ob- Cox Isakson Phelps So (two-thirds having voted in favor ject, I would like to commend the au- Coyne Istook Pickering thereof) the rules were suspended and thors of this resolution as well as all of Cramer Jefferson Pickett Crane Jenkins Pitts the bill was passed. my colleagues who, along with me, are Crowley John Pombo The result of the vote was announced cosponsors of this legislation. I think Cubin Johnson (CT) Pomeroy as above recorded. it is appropriate to pay tribute to a Cummings Johnson, E. B. Porter A motion to reconsider was laid on Cunningham Johnson, Sam Price (NC) country 1,000 years old which at long Danner Jones (NC) Pryce (OH) the table. last has decided to join the community Davis (FL) Kanjorski Quinn of democratic and freedom loving na- f Davis (IL) Kaptur Radanovich tions. Davis (VA) Kasich Rahall Deal Kelly Ramstad PERSONAL EXPLANATION It was my great pleasure to accom- DeFazio Kennedy Rangel pany our Secretary of State and the Mr. FLETCHER. Mr. Speaker, due to my DeGette Kildee Regula foreign ministers of Hungary, the wife’s illness and emergency surgery, I was Delahunt Kilpatrick Reyes Czech Republic and Poland to Inde- DeLauro Kind (WI) Reynolds not present for rollcoll votes No. 504, and No. pendence, Missouri for the signing of DeLay Kingston Rivers 505. Had I been present, I would have voted DeMint Kleczka Rodriguez the document that has made Hungary a as follows: H.R. 4049—Privacy Commission Deutsch Knollenberg Roemer part of NATO. I earnestly hope that Diaz-Balart Kolbe Rogan Act—‘‘yea’’; H.R. 4147—Stop Material Unsuit- Hungary, before long, will be able to Dickey Kucinich Rogers able for Teens Act—‘‘yea’’; and H.R. 3088— Dicks Kuykendall Rohrabacher join the European Union. Victims of Rape Health Protection Act—‘‘yea’’. Dingell LaFalce Ros-Lehtinen As we celebrate this momentous oc- Dixon LaHood Rothman f Doggett Lampson Roukema casion, it is important, however, to Dooley Lantos Royce hoist a flag of caution. Democracy in Doolittle Largent Rush REPORT ON RESOLUTION WAIVING Hungary is functioning, but certainly Doyle Larson Ryan (WI) POINTS OF ORDER AGAINST CON- not without its imperfections. There Dreier Latham Ryun (KS) FERENCE REPORT ON H.R. 4578, Duncan LaTourette Sabo are still periodic outbursts of ethnic Dunn Leach Salmon DEPARTMENT OF INTERIOR AND and racial harassment which the gov- Edwards Levin Sanchez RELATED AGENCIES APPROPRIA- ernment needs to do more to put an Ehlers Lewis (CA) Sandlin TIONS ACT, 2001 Ehrlich Lewis (KY) Sawyer end to. There are periodic attempts to Emerson Linder Saxton Mr. LINDER, from the Committee on destroy and desecrate Jewish ceme- Engel Lipinski Scarborough Rules, submitted a privileged report teries. English LoBiondo Schaffer (Rept. No. 106–924) on the resolution (H. At soccer games, hooligans of the far Etheridge Lofgren Schakowsky Evans Lowey Sensenbrenner Res. 603) waiving points of order right are engaging in racial and reli- Ewing Lucas (KY) Serrano against the conference report to ac- gious intimidation. There are indica- Farr Lucas (OK) Sessions company the bill (H.R. 4578) making tions that the television medium is not Fattah Luther Shadegg Filner Maloney (CT) Shaw appropriations for the Department of as objective and open as it needs to be Foley Maloney (NY) Shays the Interior and related agencies for in a free and democratic society. Forbes Manzullo Sherman the fiscal year ending September 30, So while I join my fellow sponsors of Ford Markey Sherwood 2001, and for other purposes, which was this legislation and congratulate Hun- Fossella Mascara Shimkus Fowler Matsui Shows referred to the House Calendar and or- gary for having put an end to its fas- Frank (MA) McCarthy (MO) Shuster dered to be printed. cist and communist past and having

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8591 joined the family of democratic and LANTOS) and others and to have it Mr. Speaker, as a principle sponsor, I freedom loving nations, I call on all reach the floor. I hope it will be signed think it is good that we talk about Hungarians to meticulously observe into law shortly. what it means for a nation, for Hun- the rules of political democracy and More than 20,000 people of Hungarian gary, to celebrate 1,000 years as a Na- pluralism without which a promising descent reside in my congressional dis- tion. Many of us recall when the future certainly will not be there for trict in New Jersey with New Bruns- United States of America celebrated the 10 million people who deserve a wick being a major center of Hun- its bicentennial in 1976. That was for good future. I want to congratulate my garian-American cultural life. 200 years. We have not yet made it colleagues. Located in the very heart of Europe, quite to 225 or 250 or 500, much less Mr. GILMAN. Mr. Speaker, will the Hungary has been at the center of most 1,000 years that Hungary is celebrating. gentleman yield. of the epic historical events that have When one looks at the history when Mr. LANTOS. I am happy to yield to swept through the continent. Through- they came into the Carpathian Basin the distinguished gentleman from New out the last thousand years, and par- and they decided that they wanted to York. ticularly during the turbulent 20th cen- establish permanency, and they wanted Mr. GILMAN. Mr. Speaker, I thank tury, Hungary has undergone wars, in- to be a key part of Europe, and they the gentleman from California for vasions and foreign occupations. Never- had the crowning of Saint Stephen as yielding to me. theless, the Hungarian people have the first king of Hungary, and founded Mr. Speaker, I support the adoption maintained their strong sense of na- the state that has endured despite the of House Concurrent Resolution 400. It tionhood and have preserved their Nazi occupations, the Soviet occupa- is interesting to note, as this resolu- unique language and culture. While the tions. We, who have visited Hungary tion does, that this year marks not just roots of the Hungarian nation lie in the both before and after the Iron Curtain the 1,000th anniversary of the crowning East, in the last 1,000 years Hungary came down, see the marvelous resil- of Hungarian King Stephen, Saint Ste- has been firmly attached to the West, iency of a people who could not be sup- phen, by Pope Sylvester II, but also the an attachment that 45 years of Soviet pressed, who retained everything that tenth anniversary of Hungary’s first domination could not break. they could, that made an example be- postcommunist, free and democratic Today, Hungary is a crucial part of fore the world in 1956 as the first na- elections. the Western alliance. Indeed, in 1990, tion to try to throw off the yoke of Just as King Stephen anchored Hun- Hungary became the first of the cap- Communist oppression and domination. gary in Europe and the Western civili- tive nations of the Warsaw Pact to The Freedom Fighters of Hungary zation, the leadership of post- hold free and fair elections. Now, as the earned a special place in the hearts of communist Hungary has begun to an- gentleman from California (Mr. LAN- the American people. I am proud of the chor Hungary in Pan-European and TOS) mentioned, it has become a mem- fact that Hungary was the first coun- trans-Atlantic institutions once again ber of NATO, too. try under communist domination to through that country’s admission into The celebration of 1,000 years of na- break out by holding free elections. As the NATO alliance and its application tionhood intends to look back at Hun- the gentleman from New Jersey (Mr. to enter the European Union. gary’s past, remembering Hungarian PALLONE) mentioned, in 1990, when While congratulating Hungary on the intellectual and cultural values that Hungary did that, that really started 1,000th anniversary of the foundation of enriched European culture in the past the collapse of the Iron Curtain. the Kingdom of Hungary, this resolu- centuries, while also looking towards Now this is especially important to tion makes it clear that we in the the future. Thus, during this year when me, not just because I visited this United States commend Hungary’s ef- Hungary and its people mark 1,000 beautiful land, but this is the land forts to rejoin the Pan-European and years of its history, they also celebrate from which my grandparents came to trans-Atlantic community of demo- a decade of democracy. the United States of America. My fa- cratic states and its efforts to move be- Lastly, while paying tribute to our ther’s parents were immigrants from yond the dark days of communist dic- friend and ally in Central Europe, we Hungary. My grandfather came here tatorship to create a lasting, peaceful should also honor the hundreds of just before the first world war. He be- and prosperous democracy. thousands of Americans of Hungarian came an American citizen. Just after Mr. Speaker, I urge my colleagues to descent who have contributed their tal- that war, he went back and married my join in supporting the adoption of this ents and hard work to this nation. grandmother. James and Rozalia important resolution. If I could just mention to my col- Istook became U.S. citizens. Mr. LANTOS. Mr. Speaker, under my leagues, many of the Hungarian-Ameri- If one has a chance to see the dif- reservation, I am delighted to yield to cans in my district came here after the ference, Hungarians as well as so many the distinguished gentleman from New uprising in the mid-1950s, and of course people from throughout the land gath- Jersey (Mr. PALLONE), one of the prin- their descendents are still there and ered to the United States of America cipal authors of this resolution. contributing to our culture and our and made this the melting pot. Because Mr. PALLONE. Mr. Speaker, I thank economy in central New Jersey. of that, we feel special kinship and ties the gentleman from California (Mr. But I assure my colleagues that, for to those who remained as well as those LANTOS) for yielding to me, and I ap- those people who left after the 1956 up- who came having had a chance to visit preciate all his support in bringing this rising, there was nothing that they en- with family that we still have in Hun- resolution to the floor. joyed more than seeing Hungary be- gary before, and to rejoice with them Mr. Speaker, several months ago, I come a democracy and a part of NATO in knowing that they have opportuni- introduced this bipartisan resolution and to be able to increase every year ties because they would not give up. congratulating the Republic of Hun- their alliance with the West and to our They would not surrender their hearts gary on the millennium of its founding democratic values. and their minds and their souls to the as a nation, and I am pleased that this Mr. LANTOS. Mr. Speaker, I thank communist yoke. bipartisan resolution has reached the the gentleman from New Jersey (Mr. 1900 House floor. The bill currently has PALLONE) for his eloquent and appro- b more than 30 cosponsors from both par- priate comments. In fact, when we were visiting in ties, and of course the House Com- Mr. Speaker, under my reservation, I Hungary before the fall of the Iron Cur- mittee on International Relations has am delighted to yield to the distin- tain, it was fascinating to us that be- approved it. guished gentleman from Oklahoma cause of the 1956 revolution and the re- As a Member of Congress rep- (Mr. ISTOOK), one of the principle au- sistance that they constantly had to resenting one of the largest Hungarian- thors of this legislation. the Soviet regime, they were allowed American constituencies in this coun- Mr. ISTOOK. Mr. Speaker, I thank certain economic opportunities and try, I am particularly proud to have in- the gentleman from California for freedoms that other nations in the troduced this measure with the gen- yielding to me. I thank the gentleman Communist block did not have, and we tleman from Oklahoma (Mr. ISTOOK) from New York (Mr. GILMAN) for bring- found that people there often referred and the gentleman from California (Mr. ing this legislation up. to Hungary as the ‘‘Little USA.’’ This

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8592 CONGRESSIONAL RECORD — HOUSE October 2, 2000 was what they were saying among Mr. Speaker, I withdraw my reserva- GENERAL LEAVE themselves, because they had that tion of objection. Mr. GILMAN. Mr. Speaker, I ask same yearning for freedom and for op- The SPEAKER pro tempore (Mr. unanimous consent that all Members portunity, economic as well as polit- DICKEY). Is there objection to the re- may have 5 legislative days within ical. quest of the gentleman from New which to revise and extend their re- There is a great sharing between our York? marks on House Concurrent Resolution Nation and Hungary, and to know that There was no objection. 400, the matter just considered. Hungary has set an example of endur- The Clerk read the concurrent reso- The SPEAKER pro tempore. Is there ance of a thousand years, I think, is a lution, as follows: objection to the request of the gen- great challenge for the United States H. CON. RES. 400 tleman from New York? of America. I would love to see the day Whereas the ancestors of the Hungarian There was no objection. when the parliament in Hungary is nation, 7 tribes excelling in horsemanship passing a resolution commending the and handicrafts, settled in the Carpathian f United States of America on 1,000 years basin around the end of the 9th century; PASS THE VIOLENCE AGAINST as a nation. Anyone who has never had Whereas during the next century this trib- WOMEN ACT a chance to visit Hungary and Buda- al association had accommodated itself to a pest, this is one of the most beautiful permanently settled status; (Mrs. MALONEY asked and was given spots in the entire world there on the Whereas the ruler of the nation at the end permission to address the House for 1 Danube River where the Hungarian of the first millennium, Prince Stephen, re- minute and to revise and extend her re- alized with great foresight that the survival parliament is located. So as well as marks.) of his nation depends on its adapting itself to Mrs. MALONEY of New York. Mr. commemorating Hungary, we urge its surroundings by becoming a Christian Americans to visit this great land. kingdom and linking its future to Western Speaker, over 900,000 women suffer vio- Mr. Speaker, I thank the gentleman civilization; lence each year at the hands of an inti- from California (Mr. LANTOS); and of Whereas in 1000 A.D. Stephen, later canon- mate partner. We need the Violence course, for him, it is not just a matter ized as Saint Stephen, adopted the Christian Against Women Act to be reauthorized. of his ancestors but himself who was faith and was crowned with a crown which he It has provided over $1.6 billion in Fed- born there, and he sets the example, as requested from Pope Sylvester II of Rome; eral grants to prosecutors, to law en- I mentioned, of being part of the melt- Whereas, by those acts, Saint Stephen, forcement officials, and to victim as- King of Hungary, established his domain as 1 sistance programs; yet it was allowed ing pot: E Pluribus Unum, out of many of the 7 Christian kingdoms of Europe of the nations has come one, the United time and anchored his nation in Western civ- to expire this past weekend. States. And we want to remember this ilization forever; Last week, this body passed it over- special land of Hungary and congratu- Whereas during the past 1,000 years, in whelmingly. There is deep support in late them on their millennium. spite of residing on the traditional cross- the Senate, with over 70 co-sponsors. Mr. LANTOS. Mr. Speaker, reclaim- roads of invaders from the East and the Yet the Senate is holding this impor- ing my time, I want to thank my col- West, the Hungarian nation showed great vi- tant piece of legislation up. Meanwhile, league and friend for his most eloquent tality in preserving its unique identity, lan- women fleeing domestic violence and remarks. guage, culture, and traditions; children who live in violent situations Whereas in his written legacy, Saint Ste- Mr. Speaker, in conclusion, may I wait and wait and wait. just say that as one of Hungarian herit- phen called for tolerance and hospitality to- ward settlers migrating to the land from I urge the other body to pass this bill age, who is immensely proud of his her- other cultures; immediately. Women and children itage, it is important for us to realize Whereas through the ensuing centuries around this Nation are counting on us. that this small nation of 10 million other tribes and ethnic and religious groups We should have passed it in the other people has been a leader globally in moved to Hungary and gained acceptance body last week. We should not have al- science, in music, in art, in sports, in into the nation, enriching its heritage; lowed it to expire. almost every field of human endeavor. Whereas since the 16th century a vibrant In the Sidney Olympics just concluded, Protestant community has contributed to f again the Hungarian Olympic team ac- the vitality and diversity of the Hungarian VITAL LEGISLATION NEEDS AD- quitted itself with remarkable success. nation; Whereas, particularly after their emanci- DRESSING BEFORE CONGRESS There is a tremendous list of Nobel lau- pation in the second half of the 19th century, ADJOURNS reates from Hungary, testifying to the Hungarians of the Jewish faith have made an (Ms. JACKSON-LEE of Texas asked scientific and educational and aca- enormous contribution to the economic, cul- and was given permission to address demic achievements of this small coun- tural, artistic, and scientific life of the Hun- the House for 1 minute and to revise try. garian nation, contributing more than half and extend her remarks.) I strongly urge all of my colleagues of the nation’s Nobel Prize winners; Ms. JACKSON-LEE of Texas. Mr. to support this resolution and, more Whereas the United States has benefitted importantly, to work along with those immensely from the hard work, dedication, Speaker, I want to offer my support for of us who have special interests in scientific knowledge, and cultural gifts of moving along the Violence Against hundreds of thousands of immigrants from Hungary to continue building ties of Women Act. I believe that we have Hungary; and more than an important responsibility business and culture and academic ex- Whereas in this year Hungary also cele- change and good fellowship with the to deal with this legislation. As Chair brates the 10th anniversary of its first post- of the Congressional Children’s Caucus, people of Hungary. communist free and democratic elections, Mr. GILMAN. Mr. Speaker, will the the first such elections within the former I can tell my colleagues of the terrible gentleman yield? Warsaw Pact: Now, therefore, be it and horrific results that come from a Mr. LANTOS. I yield to the gen- Resolved by the House of Representatives (the child that has experienced violence in tleman from New York. Senate concurring), That the Congress— the home. Mr. GILMAN. Mr. Speaker, I just (1) congratulates the Republic of Hungary, In addition, Mr. Speaker, I think it is want to thank the gentleman from and Hungarians everywhere, on the one thou- vital that we spend these last waning sandth anniversary of the founding of the California (Mr. LANTOS), the gentleman hours to address the question of a pa- Kingdom of Hungary by Saint Stephen; and tients’ bill of rights to address the from Oklahoma (Mr. ISTOOK), and the (2) commends the Republic of Hungary for gentleman from New Jersey (Mr. the great determination, skill, and sense of question of a guaranteed Medicare drug PALLONE) for their work on this meas- purpose it demonstrated in its recent transi- prescription benefit for seniors. Having ure and for their supporting state- tion to a democratic state dedicated to up- come from my district, I know what ments. This is an important resolution, holding universal rights and liberties, a free people are crying out for. and I just want to urge my colleagues market economy, and integration into Euro- I also believe, Mr. Speaker, that as to fully support the measure. pean and transatlantic institutions. we have seen three recent votes on the Mr. LANTOS. Reclaiming my time, The concurrent resolution was agreed floor of the House this evening, it is Mr. Speaker, I thank the distinguished to. imperative when we look at serious chairman of the committee for his A motion to reconsider was laid on issues dealing with privacy and vio- words. the table. lence against women that we have

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8593 hearings and the opportunity to delib- both at home and overseas. In Europe this credit in 1-, 2-, and 3-year incre- erate and add amendments to the bill we see gasoline shortages, panic buy- ments. Sizable projects could not be so we can put forward to the American ing, and massive protests over rising undertaken because of the short eligi- people important and vital and serious prices. Furthermore, the impact does bility period; and small short-term and valuable legislation. not stop with the individual consumer; projects that were attempted had to be Mr. Speaker, I think that the Amer- the whole Nation bears the con- rushed to completion at great cost to ican people are not expecting us to be sequences. A surge in the price of en- meet the qualification deadline. For the ‘‘do-nothing’’ Congress. They, ergy can derail the economic expansion both policy and practical reasons, the frankly, want us to do our jobs. that we have worked so hard to achieve wind production credit should be made f and maintain. permanent, like the credit for solar and I think we know that energy supplies geothermal resources. SPECIAL ORDERS and prices are indeed cyclical. We have Our long-time reliance on conven- The SPEAKER pro tempore. Under been lulled into inaction by the long tional fuels has created a mindset the Speaker’s announced policy of Jan- downside half of that cycle. Oil and gas which ignores alternatives. Mr. Speak- uary 6, 1999, and under a previous order have been in adequate supply and the er, the resulting institutional practices of the House, the following Members moderate energy prices have made us resist the use of nonconventional en- will be recognized for 5 minutes each. forget the upside of that cycle. The en- ergy resources. Power management, ergy crises of the 1970s and 1980s are transmission, and pricing practices f forgotten history. Consequently, we need to adjust to the requirement of The SPEAKER pro tempore. Under a have failed to implement policies to in- utilizing a new alternative resource. previous order of the House, the gen- crease our energy supplies and to pro- With the threat of another energy cri- tleman from Florida (Mr. BILIRAKIS) is mote stable prices. We have steadily sis looming in the future, Congress recognized for 5 minutes. grown more dependent on conventional needs to reassess and redirect our na- (Mr. BILIRAKIS addressed the and imported energy. Congress has tional energy programs. House. His remarks will appear here- done very little to protect the Nation To spur that analysis and redirec- after in the Extensions of Remarks.) from the inevitable upswing in that tion, I have introduced today the Wind f cycle. for Electricity Act to specifically pro- The SPEAKER pro tempore. Under a In particular, we have failed to sup- mote the development of wind energy previous order of the House, the gen- port the development of alternative en- resources in this Nation. I know that tleman from Ohio (Mr. BROWN) is rec- ergy resources. In terms of domestic San Diego is looking to this Congress ognized for 5 minutes. resource potential, wind energy is the for short-term relief from the high (Mr. BROWN of Ohio addressed the most overlooked fuel source in this Na- prices of electricity and to long-term House. His remarks will appear here- tion. This resource is available in al- alternative energy resources. I hope we after in the Extensions of Remarks.) most every State and can be utilized all act soon. for electric generation more quickly f f than any other energy resource. Al- The SPEAKER pro tempore. Under a though California has been a leader, RESPONSE TO PREVIOUS SPECIAL previous order of the House, the gen- other States, such as Wyoming, Wis- ORDER tleman from Illinois (Mr. PORTER) is consin, Vermont, Texas, Pennsylvania, The SPEAKER pro tempore. Under a recognized for 5 minutes. Oregon, New York, Minnesota and previous order of the House, the gen- (Mr. PORTER addressed the House. Iowa, are beginning to utilize their tleman from Pennsylvania (Mr. His remarks will appear hereafter in wind energy resources. The use of wind WELDON) is recognized for 5 minutes. the Extensions of Remarks.) power for electric generation is slowly Mr. WELDON of Pennsylvania. Mr. f growing. Speaker, I have had the pleasure of Compared with the tax incentives for serving in this body for 14 years. And WIND FOR ELECTRICITY conventional nuclear energy, Federal during the 14 years, one of the things The SPEAKER pro tempore. Under a tax support for renewable energy re- that I have learned about our col- previous order of the House, the gen- sources, such as wind, is relatively leagues is that we all have a feeling of tleman from California (Mr. FILNER) is small. Aside from accelerated deprecia- high regard for each other. If someone recognized for 5 minutes. tion, which is shared by other fast- is going to say something about an- Mr. FILNER. Mr. Speaker, I rep- evolving technologies, wind facilities other Member, the protocol usually has resent San Diego, California, which is now qualify only for a temporary Fed- been that the Member be told about it undergoing a tremendous crisis in eral production tax credit. This credit in advance. terms of the price that we pay for elec- helps provide a price floor, but if the This past Thursday that did not hap- tricity. In the last 3 months, prices price of wind-generated electricity pen, as the gentleman from California have doubled and tripled. And while we rises above a certain benchmark, the (Mr. WAXMAN) got up after everyone have a short-term cap on those prices, tax credit phases out and this credit left Washington, late Thursday, and we are looking to Congress to bring took effect in 1994. did a special order for 1 hour; a tirade down the wholesale price of electricity It was originally decided to sunset mentioning a number of Members of and bring down the rates to consumers this credit in June of 1999. But several Congress. Now, I will not do to him and small businesses. years after the credit was enacted, what he did to our colleagues. He only Tonight, I want to speak about the Congress considered repealing it when mentioned me briefly, but I told the long-range issue of energy and how energy prices were at an all-time low. gentleman from California (Mr. WAX- that affects San Diego and the rest of Fortunately, Congress retained the MAN) this morning that I would come our Nation. We all know that oil, nat- credit and later extended it until 2002. here personally and respond to the ural gas, and home heating fuel prices Despite waivering congressional policy, things he said regarding me. are at a 10-year high. American con- the credit has promoted use of domes- The gentleman from California (Mr. sumers are facing record increases in tic wind energy resources and has pro- WAXMAN) said that we were too harsh domestic energy costs. This past sum- moted technological development. in criticizing the administration for mer households have been hit by soar- An uncertain credit and a temporary the possibility of having the adminis- ing electricity rates in California, and extension, however, does not support tration transfer technology to China in motorists have faced astronomical gas- long-term planning, development and return for campaign dollars. He went oline price hikes. Now, in the coming construction of electric generation on to make two specific charges: num- winter months, high energy prices will projects. The experience with another ber one, that the Cox Committee, affect households throughout the coun- credit program proves my point. Be- which I served on, in fact totally exon- try. tween 1986 and 1992, when the section 48 erated the administration on those al- The economic consequences are all solar and geothermal credit was finally legations; and, number two, that the too evident to individual consumers made permanent, Congress extended Justice Department said there was no

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8594 CONGRESSIONAL RECORD — HOUSE October 2, 2000 reason to believe there was any need to American people. Because, number one, constraints or other obstacles precluded sys- further investigate the transfer of cam- the Cox Committee never looked at tematic inquiry. paign dollars for technology to China. these facts. And he should know that Much of the information gathered by the Well, let us look at the facts, Mr. unless he cannot read very well. It is Select Committee is extremely sensitive, highly classified, or proprietary in nature. In Speaker. The fact is that this gen- right here in the text. Number two, he addition, the Select Committee granted im- tleman, the largest single contributor claims the Justice Department dis- munity to, and took immunized testimony in the history of American politics, Mr. missed these allegations out of hand. from, several key witnesses. Pursuant to an Bernard Schwartz, from 1995 to 2000, Well, I trust the American people. I agreement reached with the Justice Depart- contributed personally $2,255,000 to would urge all of our colleagues to ment, this testimony must be protected from Democratic national candidates, DNC, have this report available to every con- broad dissemination in order to avoid under- the Democratic Senatorial Committee stituent across America, the LaBella mining any potential criminal proceedings memo. It is 94 pages. It is redacted, but by the Justice Department. and the Democratic Congressional There are two documents which could form Committee. they can read for themselves and they a basis upon which to predicate a federal can see what this Justice Department, b 1915 criminal investigation. The first is a Feb- what FBI Director Louis Freeh, what ruary 13, 1998, letter from Thomas Ross, Vice The allegation was in 1998 when he handpicked Janet Reno Investigator President of Government Relations for contributed $655,000 to those candidates Charles LaBella said about the need for Loral, to Samuel Berger, Assistant to the that there was a potential quid pro quo a criminal investigation. President for National Security Affairs. It because Bernard Schwartz had been They name the four people in this could be argued from this letter that lobbying for a permit waiver to trans- document, and the four people are Schwartz intended to advocate for a quick fer satellite technology to China. those four I mentioned along with Ber- decision on the waiver issue by the Presi- Now, the Justice Department has dent. In the letter, annexed as Tab 47, Ross nard Schwartz and the possibility of a wrote: ‘‘Bernard Schwartz had intended to said on the record they opposed that quid pro quo for the $655,000 and all this raise this issue (the waiver) with you the President intervene to a make a money being transferred. (Berger) at the Blair dinner, but missed you waiver decision, but the President went In fact, Mr. Speaker, when I get more in the crowd. In any event, we would greatly ahead on his own. time, I will go through the specific appreciate your help in getting a prompt de- Now, in fact, our Cox committee did findings in the LaBella memo where cision for us.’’ not even look at this issue. In fact, if they raised the issue of the request In the letter Ross also outlined for Berger the gentleman from California (Mr. coming in to the President and specifi- how a delay in granting the waiver may re- sult in a loss of the contract and, if the deci- WAXMAN) would have bothered to read cally on February 18, 1998, the Presi- sion is not forthcoming in the next day or so, the Cox committee report, in the ap- dent signed the waiver after the Jus- Loral stood to ‘‘lose substantial amounts of pendix under the scope of the inves- tice Department advised him not to money with each passing day.’’ The Presi- tigation it says, we did not even con- sign it. dent signed the waiver on February 18, 1998. sider the political contribution aspect On January 21 of that same year, On January 21, 1998, Schwartz had donated of this because other committees were Schwartz donated $30,000 to the DNC. $30,000 to the DNC; on March 2, 1998, he do- looking at it and because we could not On March 2 he donated $25,000. All nated an additional $25,000. get people to testify because they pled through that year, he donated $655,000 The second document is a memo from the fifth amendment or they left the dollars. And that is why Louis Freeh Ickes to the President dated September 20, 1994, in which Ickes wrote: country. and that is why Charles LaBella said ‘‘In order to raise an additional $3,000,000 But let us look at what the Justice there needs to be a further investiga- to permit the Democratic National Com- Department said. Here is what the Jus- tion for criminal activities involving mittee (‘‘DNC’’) to produce and air generic tice Department said in the LaBella the transfer of campaign dollars to the tv/radio spots as soon as Congress adjourns memo, which I would encourage our Democratic party, to the President and (which may be as early as 7 October), I re- colleague, the gentleman from Cali- the Vice President and the First Lady quest that you telephone Vernon Jordan, fornia (Mr. WAXMAN), and every citizen and Harold Ickes based on the tech- Senator Rockefeller and Bernard Schwartz in America to request from their Mem- nology transfer to China, especially either today or tomorrow. You should ask them if they will call ten to twelve CEO/busi- ber of Congress: through the waiver that Bernie ness people who are very supportive of the ‘‘It is not a leap to conclude that Schwartz got even though the Justice Administration and who have had very good having been the beneficiary of Department advised the President not relationships with the Administration to Schwartz’s generosity in connection to grant that waiver. have breakfast with you, as well as with with the media campaign, the adminis- Mr. Speaker, the gentleman from Messrs. Jordan, Rockefeller and Schwartz, tration would do anything to help Ber- California (Mr. WAXMAN) owes this very late this week or very early next week. nie Schwartz and Loral if the need Congress an apology. ‘‘The purpose of the breakfast would be for arose.’’ Mr. Speaker, I include for the you to express your appreciation for all they have done to support the Administration, to RECORD the following documents that I This was written not by a Repub- impress them with the need to raise lican. This was written by Charles just referenced: $3,000,000 within the next two weeks for ge- H. Res. 463 also authorized the Select Com- LaBella, Justice Department special neric media for the DNC and to ask them if mittee to investigate PRC attempts to influ- investigator to Louis Freeh, which they, in turn, would undertake to raise that ence technology transfers through campaign amount of money. went to Janet Reno. contributions or other illegal means. In light They further said this, Mr. Speaker: of the fact that two other committees of the * * * * * ‘‘As suggested throughout this memo, Congress have been engaged in the same in- ‘‘There has been no preliminary discussion there are many as yet unanswered quiry and had begun their efforts long before with Messrs. Jordan, Rockefeller or questions. However, the information the Select Committee’s formation, the Se- Schwartz as to whether they would agree to suggests these questions are more than lect Committee did not undertake a duplica- do this, although, I am sure Vernon would do sufficient to commence a criminal in- tive review of these same issues. The Select it, and I have it on very good authority that vestigation.’’ Committee did, however, contact key wit- Mr. Schwartz is prepared to do anything he nesses who could have provided new evidence can for the Administration.’’ See Tab 12 (em- Who would that criminal investiga- concerning such issues. phasis in original). tion have been against? It would have The Select Committee’s efforts to obtain From this memo one could argue that been against four people: Bill Clinton, testimony from these witnesses were unsuc- Ickes and the President viewed Schwartz as Hillary Clinton, Al Gore, and Harold cessful, however, because the witnesses ei- someone who would do anything for the Ad- Ickes, who is Hillary’s campaign man- ther declined to testify on Fifth Amendment ministration—including raising millions of ager in New York. It would have been grounds or were outside the United States. dollars in a short period of time to help the against the Loral Corporation and Ber- Because the Select Committee was unable to media campaign. We now know not only that nard Schwartz. pursue questions of illegal campaign con- the media campaign was managed by Ickes tributions anew, no significance should be from the White House, but also that it So here we have it, Mr. Speaker. The attributed, one way or the other, to the fact played a critical role in the reelection effort. two allegations made by the gentleman that the Select Committee has not made any Consequently it is not a leap to conclude from California (Mr. WAXMAN) are to- findings on this subject. The same is true that having been the beneficiary of tally false. He owes an apology to the with respect to other topics as to which time Schwartz’ generosity in connection with the

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8595 media campaign, the Administration would means more than awareness. It stands go a long way towards increasing our do anything it could to help Bernie Schwartz for the love of your wife, your sister, Nation’s energy self-sufficiency and (and Loral) if the need arose. your mother, your grandmother, your strikes the proper balance between en- If in fact there is anything to investigate involving the Loral ‘‘allegations,‘’ it is—as daughter, and your colleagues. ergy production and protecting the en- set out in the Task Force’s draft investiga- We must do everything to stop this vironment. tive plan—an investigation of the President. disease. About 182,000 new cases of Last week, the Subcommittee on En- The President is the one who signed the breast cancer will be diagnosed in the ergy and Power, on which I serve, held waiver, the President is the one who has the United States this year alone, not to a hearing to examine the United relationship with Schwartz; and it was the mention how many currently have States’ energy concerns. Most of the President’s media campaign that was the breast cancer now or how many have hearing focused on the President’s de- beneficiary of Schwartz’ largess by virtue of died because of breast cancer. cision to release 30 million barrels of his own substantial contributions and those Breast cancer prevention and treat- oil from the Strategic Petroleum Re- which he was able to solicit. We do not yet know the extent of Schwartz solicitation ef- ment is an issue fought in the State serve to supposedly help Americans in forts in connection with the media fund. legislature. It is one that I fought and the Northeast who may face a dwin- However, if the matter is sufficiently serious I carried the legislation for the breast dling supply of home heating oil for the to commence a criminal investigation, it is cancer stamp, the license plate for upcoming winter. sufficiently serious to commence a prelimi- treatment and prevention. We must While no one would argue that we nary inquiry under the ICA since it is the raise the awareness that the best pro- must ensure that Americans’ heating President who is at the center of the inves- tection is early detection and action. needs are met, I seriously question the tigation. There are measures women and their motivation and the reason for releasing For all these reasons, the Loral matter is something which, if it is to be investigated, doctors can take to catch this disease this oil. should be handled pursuant to the provisions early, including clinical exam, self-ex- First, the key word here is ‘‘stra- of the ICA. amination, and mammograms. During tegic.’’ The reserve was created in the CONCLUSION this month, I encourage all Members to wake of the 1973 oil embargo, and Pres- We have been reviewing the facts and the spread the message about the impor- idential authority to draw down the re- evidence for the last ten months. During tance of prevention and treatment. I serve is contingent only upon the find- that time we have gained a familiarity with encourage the Members to speak to ing of a severe energy supply disrup- the cases, the documents and the characters their friends, co-workers, their fami- tion. In fact, the Energy Information sufficient to draw some solid conclusions. It lies, and their communities. Some of Administration, in a letter to the seems that everyone has been waiting for the locations that we can speak at are chairman of the Committee on Com- that single document, witness, or event that hospitals, mammography centers, the merce, the gentleman from Virginia will establish, with clarity, action by a cov- (Mr. BLILEY), in February, stated: ‘‘The ered person (or someone within the discre- health centers, and breast cancer tionary provision) that is violative of a fed- awareness presentations. SPR is intended for release only in the eral law. Everyone can understand the impli- This week I spoke at Loma Linda on event of a major oil supply disruption, cations of a smoking gun. However, these behalf of a nonprofit organization not for trying to manage the world cases have not presented a single event, doc- named the Candlelight Research for market of nearly 74 million barrels per ument or witness. Rather, there are bits of Children that received treatment for day.’’ information (and evidence) which must be cancer. And just this last week alone I Last month, Treasury Secretary pieced together in order to put seemingly in- spoke at Fontana Kaiser Permanente Summers and the Federal Reserve nocent actions in perspective. While this where they actually had the pink rib- Chairman Alan Greenspan sent a memo may take more work to accomplish, in our to the President opposing the release of view it is no less compelling than the prover- bon highlighted at the hospital for bial smoking gun in the end. As is evident many individuals to see. oil from the reserve based in part ‘‘it from the items detailed above, when that is Congress should continue to support would be seen as a radical departure done, there is much information (and evi- legislation such as H.R. 4386, the Breast from past practice and as an attempt dence) that is specific and from credible Cancer and Cervical Cancer Treatment to manipulate prices.’’ sources. Indeed, were this quantum of infor- Act. This bill, supported by a bipar- Furthermore, Vice President Gore mation amassed during a preliminary in- tisan majority of Congress, would pro- himself opposed the release of oil from quiry under the ICA, we would have to con- vide the treatment to low-income the SPR earlier this year but suddenly clude that there are reasonable grounds to had a change of heart with both winter believe that further investigation is war- women who currently receive screening ranted. As suggested throughout this memo, under the Federal program. and the elections looming ahead. there are many as yet unanswered questions. We should also support legislation Upon announcing the release of 30 However, the information suggesting these pending in Congress to extend the Fed- million barrels from the SPR, the questions is more than sufficient to com- eral breast cancer stamp which would President also announced the release of mence a criminal investigation. fund breast cancer research. We must $400 million of taxpayers’ money in ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE also fund Federal agency research ef- low-income home energy assistance The SPEAKER pro tempore (Mr. forts, such as the Department of De- program funding. However, these funds DICKEY). Members are reminded not to fense peer-reviewed breast cancer re- will have to be replaced by Congress, make personal references toward the search program. most likely through emergency supple- President or Vice President of the We must not stop. We must not quit. mental appropriations, and the oil will United States. We must continue to fight. This is an have to be replaced, hopefully, when oil f important national priority. We need is at a lower price per barrel. to encourage everyone to be aware of Mr. Speaker, this action is indicative BREAST CANCER AWARENESS this issue and encourage them to pass of the administration’s lack of leader- MONTH information on to those that they love. ship, I believe, on energy policy. This The SPEAKER pro tempore. Under a It just might save their life or the life 30-million-barrel release amounts to previous order of the House, the gen- of someone they love. only about a 36-hour supply. Instead of tleman from California (Mr. BACA) is To touch a life is to save a life. tackling our energy problems head-on recognized for 5 minutes. f with a coherent policy, the administra- Mr. BACA. Mr. Speaker, this month tion chooses to run in a circle throwing is National Breast Cancer Awareness AMERICA DEMANDS STRONG money at the problem or proposing po- Month. This month is devoted to in- ENERGY POLICY litically expedient policies which fail creasing the awareness of breast cancer The SPEAKER pro tempore. Under a to address the long-term solution. and to promote a nationwide education previous order of the House, the gen- Since the Clinton-Gore administra- effort for the love of life. tleman from Florida (Mr. STEARNS) is tion took office, America’s oil con- Breast cancer is a tragedy that we recognized for 5 minutes. sumption has increased by 14 percent, must fight to eliminate. A pink ribbon Mr. STEARNS. Mr. Speaker, recently while domestic production has de- that I am wearing and many other in- Governor Bush proposed a comprehen- creased by 18 percent. America is the dividuals will be wearing this month sive energy policy which I believe will world’s only superpower, and we are 56

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8596 CONGRESSIONAL RECORD — HOUSE October 2, 2000 percent dependent on foreign countries been in the forefront of promoting so- and political empowerment. By using for our main energy needs. cial change, promoting black conscien- tools of advocacy, research, and pro- In contrast, during the crippling 1973 tiousness and racial pride. gram service as its main approach, the oil embargo, the United States was Furthermore, the National Urban National Urban League has expanded only 36 percent dependent on foreign League has been contributing to the its programs to help African Americans oil. And to add insult to injury, Iraq transformation of American social, meet anticipated challenges in the new has now become the fastest growing oil cultural, and political life. century. supplier to the United States. b 1930 Under the direction of Hugh Price, Another fact that I found troubling is the National Urban League has worked that the Strategic Petroleum Reserve The National Urban League consist- to provide information and technical is made up of predominantly foreign ently has been on the front line to assistance to thousands of small busi- oil. For crude oil received up to 1995 for gauge pressure, temper ills and provide nesses as they compete in the techno- the SPR, only 8 percent came from do- solutions over adverse forces that per- logical and global economy. In addi- mestic producers. meate all sectors in our society. tion, the National Urban League is I find it ironic that we developed the During the Great Migration, the Na- helping to tackle the sprouting prob- SPR so as to never again be at the tional Urban League created successful lems that seize our Nation’s failed whim of foreign nations in terms of oil social action programs aimed towards schools. Mr. Price is committed to supply and yet we fill our reserve with improving employment opportunities closing the digital divide that has a foreign oil. for African Americans who migrated crippling effect on our Nation’s youth. I would also like to point out that northward to escape the endless cycle Furthermore, the National Urban Americans also use a large amount of of poverty that held their lives hos- League continues to lead African natural gas for home heating. However, tage. The National Urban League suc- Americans to new opportunities that I have heard of no cry from the Clin- cessfully helped these citizens by work- will help them attain economic self- ton-Gore administration to help these ing through local affiliates to help sufficiency and is helping to fight ra- Americans. them adjust to urban life. These affili- cial profiling and police brutality. The demand in price of natural gas is ates taught citizens the basic skills Through its various programs, the Na- skyrocketing, while natural gas pro- necessary to secure employment. In ad- tional Urban League is helping to move duction has been virtually flat over the dition, the National Urban League America into a new era with vigor and past few years, primarily because do- sponsored community centers, clinics, vitality. mestic exploration has been hindered kindergartens, day care, summer I could not mention the work of the by this administration’s severe envi- camps, as well as a host of other pro- Urban League without mentioning the ronmental policies. grams tailored to meet the specific tremendous work done by the Chicago At last week’s hearings, witnesses needs of black newcomers. In essence, Urban League under the leadership of testified that we do in fact have a type these social programs provided a com- its president and chief executive offi- of natural gas reserve, but because of prehensive social support system that cer, James Compton, who is noted as the lengthy permit process and access enabled African Americans to thrive one of Chicago’s most outstanding restrictions enforced by this adminis- and compete in mainstream society. leaders. Prior to the advent of Jim tration, we are unable to adequately Thus, the National Urban League firm- Compton, the Chicago League was led tap these reserves. ly established itself as a lead organiza- by William ‘‘Bill’’ Berry who was voted Mr. Speaker, our country’s demand tion for reform in America. as one of the most effective leaders of for both oil and natural gas will in- Under Lester B. Granger’s his day. His wit, charm, and person- crease dramatically over the next 10 to mentorship, the National Urban ality helped to move many situations. League reached unprecedented new lev- 20 years. It is time for a real energy f policy and not a Band-Aid policy. els during the Great Depression. By fo- IN OPPOSITION TO INTERIOR AP- f cusing its reform efforts on coercing the Federal Government to develop eq- PROPRIATIONS CONFERENCE RE- RECOGNITION OF THE URBAN uitable policies dedicated towards in- PORT LEAGUE ON ITS 89TH BIRTHDAY clusion for blacks, the National Urban The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under a League lobbied government to end dis- DICKEY). Under a previous order of the previous order of the House, the gen- crimination and open its doors of op- House, the gentleman from Indiana tleman from Illinois (Mr. DAVIS) is rec- portunity. As a result of direct pres- (Mr. SOUDER) is recognized for 5 min- ognized for 5 minutes. sure, President Franklin Roosevelt utes. Mr. DAVIS of Illinois. Mr. Speaker, I issued an executive order ending dis- Mr. SOUDER. Mr. Speaker, I rise to- rise this evening to give special rec- crimination in defense industries and night to oppose the Interior appropria- ognition to a premier social service Federal agencies. tions bill that is likely to come upon and civil rights organization that has While the face of America was trans- us, at least in the form that we have fought the relentless fight for African forming in the turbulent 1960s, the Na- been hearing about. It is pumping mil- Americans in the achievement of social tional Urban League stood strong and lions of dollars into the appropriations and economic equality. helped organize extensively to help Af- process but guts CARA, the Conserva- Historically, this organization has rican Americans take an active role in tion and Reinvestment Act, that three- built bridges over the obstructions that the political process. Under the direc- quarters of this House voted to sup- impede the social freedom of citizens. tion of Whitney Young, Jr., the Na- port. CARA has a trust fund. When we Time and time again, this organization tional Urban League launched vigorous talk about the Medicare and Social Se- has been in the vanguard, providing voter registration drives. Mr. Young’s curity trust funds being restored, we guidance and instruction to millions. vision of political empowerment for also have an obligation to put the As a principal shepherd, this organi- blacks did not end there. To com- money into other trust funds before we zation has been a conduit that has ne- plement efforts to increase blacks’ ac- engage in disbursing it into various ap- gotiated on behalf of the voiceless and cess to the polling booth, the National propriations accounts. We have a num- neglected. But most of all, this organi- Urban League sponsored leadership de- ber of smaller trust funds but they are zation has contributed enormously to- velopment and voter registration nonetheless trust funds where we take wards inoculating the disease of insti- projects. As a result of these and other fees from people and tell them they are tutionalized racism which continues to initiatives, African Americans as a going to be used for an intended pur- negatively impact many in America. unit began to wield their newly devel- pose and then divert it, here in the case The organization of which I speak is oped, fine-tuned political prowess far of many people who hunt or fish or pay the National Urban League as it pre- more effectively in the political proc- different fees and have had their fund pares to celebrate its 89th birthday. ess. diverted into the general budget. From the moment of its inception in Today, the National Urban League Secondly, by gutting CARA, this will 1911, the National Urban League has continues to promote social, economic, hurt our efforts to increase oil drilling

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8597 and compensate for that oil drilling Thirdly, there is ‘‘The Pope and the Yet, Mr. Speaker, I regret to say that through additional environmental re- Witch,’’ written by an Italian Com- the United States still does not offi- sources in the States where the drilling munist against the Catholic Church cially recognize the Armenian Geno- is done. This was a delicately crafted there where the Pope, and it is per- cide. Bowing to strong pressure from compromise. Alaska, California, and formed by the Theatre for the New City Turkey, the U.S. State Department has Louisiana are States that are going to which once again received a grant this for more than 15 years shied away from be most directly affected by the oil year in spite of doing this offensive referring to the tragic events of 1915 to drilling. I may not represent one of play where the Pope goes to the Vati- 1923 by using the word ‘‘genocide.’’ those States, but I represent a State can Square, there are 100,000 children, President Clinton and his recent prede- right now where we desperately need he decides it is a plot by the condo cessors have annually issued proclama- more oil and gas so we can keep our en- manufacturers to embarrass the Catho- tions on the anniversary of the Geno- ergy prices down for home heating oil lic Church. Fortunately, a little nun, cide, expressing sorrow for the mas- in the winter and for also the fact that or actually not a nun, it is a witch dis- sacres and solidarity with the victims in our district we make pickups, we guised as a nun, comes up and injects and survivors, but always stopping make RVs, we make boats, we make heroin into the Pope’s veins. The Pope short of using the word ‘‘genocide,’’ lots of things that we sell to the rest of then gets addicted to drugs, to heroin. thus minimizing and not accurately America that use gas. It is only fair if Then he sees the enlightenment, to en- we drill for additional gas in these conveying what really happened begin- lighten the world by going around ning 83 years ago. States and work out an agreement that preaching free condom distribution, In an effort to address this shameful funds for other environmentally-sen- free heroin needles for drug addicts and sitive projects in those States are free legalization of drugs throughout lapse in our own Nation’s record as a spent in those States. champion of human rights, a bipartisan Thirdly, CARA is one of the only the world. Is this what we want to do with tax- coalition of Members of Congress has ways that States like Indiana can get payer dollars, to fund theaters that been working to enact legislation af- any Federal funds for wildlife and con- firming the U.S. record on the Arme- servation efforts. We do not have na- perform this? By the way, there is an- other interesting little play in this nian Genocide. I want to applaud the tional parks like in the West. In my work of the gentleman from California district, Pokagon and Chain O’Lakes book called ‘‘The First Miracle of the Boy Jesus,’’ a mockery of Christ from (Mr. RADANOVICH) and the gentleman State Parks have received funds from from Michigan (Mr. BONIOR), our Demo- this reservoir that in the past pre- the very beginning. I think it is time that this Congress cratic whip, for their strong leadership viously had been funded by this Con- in creating this legislation. gress but as of late has received mini- stop pointing the finger everywhere mal funding, Dallas Lake County Park else, and instead we have to clean up Many countries, as well as States and in LaGrange County, and city parks in the funding that we are doing here. We provinces and local governments, have Decatur and Columbia City. CARA is asked for a simple compromise with adopted resolutions or taken other one of the only ways that funds get eq- the Senate and with the President that steps to officially recognize the Arme- uitably distributed around the country says no obscenity or blasphemy will be nian Genocide. From Europe to Aus- rather than just go to the appropri- funded; that there will be a small re- tralia, to many States in the United ators’ favorite projects or people where duction in the direct NEA funding and States, elected governments are going they already have big national parks. we would put the additional funds, up on record on the side of the truth. Re- The proposed Interior bill has many to $9 million, $7 million and if we take grettably, the Republic of Turkey and important projects in it, but it has the $2 million additional out of NEA, $9 their various agents of influence in this purpose and the practical impact of million into a special fund for rural country and in other countries have gutting CARA, a bill that three-quar- areas where we have not had this. fought tooth and nail to block these ef- ters of us supported. So those who I understand they can get around forts. that, but it is like a Good House- favor CARA, which is most of this Mr. Speaker, it is nothing short of a body, would be wise to vote against keeping seal. If the National Endow- crime against memory and human de- this bill for environmental reasons; but ment for the Arts says a theater that cency that the Republic of Turkey de- as I pointed out last Thursday on this does ‘‘The Pope and the Witch’’ is de- nies that the genocide ever took place floor, those who have moral concerns serving of government funding, it is a and has even mounted an aggressive ef- should also vote against this bill. Good Housekeeping seal from the Fed- First off, while they have not di- eral Government. It is time we stop fort to try and present an alternative rectly funded these programs, NEA in that, stop criticizing Hollywood and and false version of history, using its the last few years, National Endow- clean up our own house first. extensive financial and lobbying re- ment for the Arts, has funded in-your- f sources in this country. face theater programs like, for exam- ARMENIAN GENOCIDE RESOLUTION Mr. Speaker, there is a lot of sym- ple, the Woolly Mammoth Theatre. The pathy and moral support for Armenia Woolly Mammoth Theatre in its de- The SPEAKER pro tempore. Under a in the Congress, in this administration, scription of its purposes says it pro- previous order of the House, the gen- among State legislators around the duces plays that are questioning of tleman from New Jersey (Mr. PALLONE) country, and among the American peo- mainstream American values, such as is recognized for 5 minutes. ple in general. But we should not kid ‘‘My Queer Body,’’ where a man de- Mr. PALLONE. Mr. Speaker, tomor- ourselves. We are up against very scribes what it is like on stage to have row in the House Committee on Inter- strong forces, in the State Department national Relations a very important sex with another man, then climbs and the Pentagon, those who believe debate will take place. The members of naked into the lap of a spectator and we must continue to appease Turkey, that committee will determine if this attempts to arouse himself sexually in and among U.S. and international busi- House of Representatives is able to full view of the audience. They re- ness interests whose concerns with ex- vote on a resolution that would finally ceived a grant this year, by the way, ploiting the oil resources off Azer- pay tribute to the victims of one of his- Woolly Mammoth, yet another grant. baijan in the Caspian Sea far outweigh Or how about blaspheming Jesus tory’s worst crimes against humanity, their concerns for the people of Arme- Christ? We did not fund ‘‘Corpus Chris- the Armenian Genocide of 1915 through nia. ti,’’ but we fund the Manhattan The- 1923. atre prior to this being done. We fund- The Armenian Genocide was the sys- It is my hope, Mr. Speaker, that the ed it with two grants this year, where tematic extermination of 1.5 million Committee on International Relations Jesus Christ is portrayed as having a Armenian men, women, and children tomorrow will quickly approve this homosexual relationship with the apos- during the final years of the Ottoman resolution and finally bring it to the tle Peter and all the apostles. We com- Turkish Empire. This was the first floor in this House in the coming weeks plain about Hollywood, then what are genocide of the 20th century, but sadly so that we can finally recognize this we doing funding these theaters? not the last. horrible crime.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8598 CONGRESSIONAL RECORD — HOUSE October 2, 2000 The SPEAKER pro tempore. Under a Army Corps of Engineers surmised that chemical toxic weapons. I certainly previous order of the House, the gentle- the shipment had been likely dumped call upon the Army Corps of Engineers woman from New York (Mrs. MALONEY) at sea. It is illogical, because the ship- and the Department of Defense to con- is recognized for 5 minutes. ment was brought to Guam. How could duct an exhaustive search. We first (Mrs. MALONEY of New York ad- it be taken off and dumped at sea? He called for this exhaustive search in dressed the House. Her remarks will went on to say that lacking evidence of July of 1999. We continue to press the appear hereafter in the Extensions of a definitive area that should be issue, and certainly I hope that the De- Remarks.) searched, the Army Corps could not partment of Defense will see fit to fi- f conduct a comprehensive search. ‘‘Oth- nally review all of the weapons which have been brought into Guam and GUAM’S ENVIRONMENTAL erwise, it is almost like a needle in a through which two or three genera- PROBLEMS haystack.’’ However, just last week, additional tions of people from Guam have been The SPEAKER pro tempore. Under a chemical weapon cannisters were found raised in the shadow of these weapons. previous order of the House, the gen- with a pile of unexploded ordnance at f tleman from Guam (Mr. UNDERWOOD) is Anderson Air Force Base, and these recognized for 5 minutes. THE VETERANS ORAL HISTORY cannisters resemble the testing kits PROJECT Mr. UNDERWOOD. Mr. Speaker, I that had been earlier found in the cen- rise today to express some concerns tral part of Guam, in Mongmong, an The SPEAKER pro tempore (Mr. about environmental conditions on area that used to be a military base. DICKEY). Under a previous order of the Guam as a result of problems with With these two discoveries of toxic House, the gentleman from Wisconsin PCBs and as a result of some recently chemicals in less than 2 years, I believe (Mr. KIND) is recognized for 5 minutes. discovered mustard gas vials left over that we have in fact found just the be- Mr. KIND. Mr. Speaker, earlier this from the military. I am very concerned year, in April, as a matter of fact, this ginning of countless needles in the hay- about the safety of my constituents in Congress declared the American GI the stack. light of these recent discoveries of I would have hoped that the first dis- Person of the Century. I believe it was chemical weapons testing kits con- covery of mustard gas would have entirely proper and fitting that we did taining measurable amounts of mus- spurred the Department of Defense to so. But I also believe it is appropriate tard gas and other toxic chemicals on engage in this exhaustive survey, his- that those men and women whose con- Guam. Given the public health dangers tributions were recognized as the sin- torical survey, of what chemical weap- associated with exposure to these sub- gle-most significant force affecting the ons and what general ordnance was stances, I have requested the Depart- course of the 20th century have an op- stored on Guam left over from World ment of Defense to perform a historical portunity to share their unique experi- War II. record survey to determine the final In addition, this is combined with an- ence so that future generations might disposition of chemical weaponry that other issue concerning the environ- better understand the sacrifices made was brought to Guam. This survey for the cause of democracy. Now, we mental condition of Guam, and that is should be comprehensive and include have the technology to do so, Mr. the inability to take PCBs out of identifying former military dump sites Speaker. Guam. Guam and other territories are as well as other potential disposal sites That is why I, along with my friend, outside the customs zone, and as laws used by the military. the gentleman from New York (Mr. regarding the disposal of PCBs, PCBs Guam has been a significant area for HOUGHTON), introduced a couple of U.S. military activity for more than 50 can be brought to Guam from the U.S. weeks ago H.R. 5212, the Veterans Oral years. First used as a major staging mainland, but they cannot be brought History Project. What the bill would do area during World War II, the military back into the U.S. mainland for proper is direct the Library of Congress to es- presence in Guam increased cor- disposal. I remain in strong conversa- tablish a national archives for the col- respondingly with the Korean and Viet- tion with EPA officials and have re- lection and preservation of videotaped nam Wars. ceived a strong commitment to resolve oral histories of our veterans, as well this problem administratively in the as the copying of letters that they b 1945 upcoming months. wrote during their time in service, dia- Its full value as an area to forward However, in a neighboring island to ries that they may have kept, so there deploy American military forces con- the north, Saipan, there were recently is a national repository of this very im- tinues to be strong, even in today’s discovered PCB materials, but the EPA portant part of our Nation’s history. post-Cold War era. At the time, Guam has already issued an administrative We also believe that time is of the es- was home to a fully operational Naval order releasing those PCB items to be sence with this oral history project, Base, Naval Air Station, Naval Com- moved back into the U.S. mainland. I given that we have roughly 19 million munications, Submarine Base, Air think it is a situation that cries out for veterans still with us in this country Force Strategic Air Command and solution and fair and balanced treat- today, 6 million of whom fought during Naval Weapons Depot, and today still ment for all the territories. the Second World War, roughly 3,500 has the largest weapons storage area in It is important to understand that still exist from the First World War, the entire Pacific. the Toxic Substances Control Act pro- but we are losing approximately 1,500 But over these many years it has be- hibits Guam from importing PCBs in- of those veterans a day. With them go come clear that it was military activi- side the U.S. customs zone, even their memories. That is why we feel ties during World War II that posed the though the PCBs originated inside the this project and this legislation has a greatest threat to the people of Guam. U.S. customs zone. The U.S. Court of sense of urgency attached to it. During World War II, Guam was used Appeals Ninth Circuit’s 1997 ruling of Abraham Lincoln during his Gettys- as a staging area for the invasion of Sierra Club v. EPA overturned an at- burg Address I think underestimated the Philippines, Iwo Jima, Okinawa, tempt by EPA to solve this problem ad- his oratorical skills when he stated, and eventually, as contemplated, the ministratively, which would have dealt ‘‘The world will little note nor long re- invasion of the Japanese homeland. with PCBs in a more rational manner. member what we say here, but we must Over time, several instances of mus- Parenthetically, PCBs that are on never forget what they did here.’’ tard gas have been discovered; and a military bases are easily moved back That is exactly the concept behind few months ago, officials from the Uni- into the U.S. This disparate treatment this oral history project. It will require versity of Guam presented documents between military bases and the civilian the cooperation of people across the to military officials that a huge ship- community of Guam, composed of U.S. country, not only the veterans to come ment of mustard gas was brought to citizens, just like everywhere else, is forward to offer their videotaped sto- Guam in 1945. But there has been no simply intolerable and must be re- ries, but also their family members to documentation of these weapons leav- solved by EPA. do the videotaping, or friends or neigh- ing the island. In general, we have a very difficult bors, with VFW and American Legion In a September 5, 2000, Pacific Daily situation with PCBs and their disposal halls across the country participating News article, a spokesman for the in Guam. We have this issue with in it.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8599 I envision class projects centering on Mr. Speaker, that is why I ask my enjoy the fruit of what was here? Many students going out and interviewing colleagues, 250 of whom are original co- think not. these veterans and preserving those sponsors, to move this legislation for- Defense, the number one issue in the videotapes for local history purposes, ward as quickly as possible since time Federal Government, would it be but to send a copy to the Library of is of the essence. strong under a Gore administration? Rural education, as we have the debate Congress so that the library can f digitize it, index it, and make it avail- now going on education, how has rural The SPEAKER pro tempore. Under a America fared? Most rural districts re- able, not only for today’s historians previous order of the House, the gen- and generation, but for future genera- ceive 1 percent to 2 percent of their tleman from Virginia (Mr. SCOTT) is money from the Federal Government tions. recognized for 5 minutes. I envision students, young people in when the Federal Government’s claim- (Mr. SCOTT addressed the House. His the 22nd, even the 23rd century, being ing that they are funding 7 percent. remarks will appear hereafter in the able to pop up on the Internet the The complicated urban-type formulas Extensions of Remarks.) videotaped testimonies of their great- are stacked against rural America in great-great-great-grandfather or grand- f many people’s opinions. Rural health mother and learn firsthand from their The SPEAKER pro tempore (Mr. care fighting for its economic life, grandparents’ own words what it was DICKEY). Under a previous order of the rural hospitals fighting to stay open. like to serve during the Second World House, the gentlewoman from Hawaii Rural America sometimes gets paid War, Korea, Vietnam or the Gulf War. (Mrs. MINK) is recognized for 5 minutes. half as much under the current policies What an incredibly powerful learning Mrs. MINK addressed the House. Her and formulas devised by HCFA that has opportunity that will be for future gen- remarks will appear hereafter in the been managed by the Gore-Clinton ad- erations. Extensions of Remarks.) ministration. Timber, good forestry, a country rich Every year I organize, on Veterans’ f Day, kind of a class field trip. I bring in soft woods in the West and hard The SPEAKER pro tempore. Under a student groups into the VFW and woods in the East, we are now import- previous order of the House, the gentle- American Legion halls, and I connect ing, I am told, about half of our soft woman from Texas (Ms. JACKSON-LEE) them to the veterans in our local com- woods. Because of policies similar to is recognized for 5 minutes. munities and the veterans share their oil we are now importing 60 percent Ms. JACKSON-LEE addressed the stories of the Second World War, from foreign countries. House. Her remarks will appear here- Endangered Species Act needing to Korea, Vietnam, for instance, and the after in the Extensions of Remarks.) be changed, positively, to save endan- students are silent with attention, ab- gered species; but it has been used by sorbing every last syllable that these f radical groups to push their will on the veterans enunciate during that time. THE FUTURE OF RURAL AMERICA American citizens and supported by the It is an incredible event that goes on, Gore-Clinton administration. not only the veterans sharing of the The SPEAKER pro tempore. Under Regulatory process, something Amer- stories, many of them for the very first the Speaker’s announced policy of Jan- uary 6, 1999, the gentleman from Penn- icans do not think enough about, be- time since they served their country, cause, in my view, an overzealous bu- but for the students to learn on this sylvania (Mr. PETERSON) is recognized for 60 minutes as the designee of the reaucracy that regulates you, they are firsthand account what it was like with regulating instead of legislating. When the sacrifice and the courage that our majority leader. Mr. PETERSON of Pennsylvania. Mr. we legislate, we debate. We debate the men and women in uniform provided facts. We make decisions. We cast our country at the time of need. Speaker, I and a group here rise to- night to talk about rural America, the votes, but when the regulators have That is what is behind this Veterans too much power, and I think everyone Oral History Project. Last year we had heartland of this country. The last few years we have had the most fantastic agrees that the Clinton-Gore adminis- some veterans that went into the tration has been far too zealous in economic boom in this country in our American Legion Post 52 back in La their regulatory powers. The courts history, but the question many ask is Crosse that remind me of the purpose have been turning over many of their why has so much of rural America been of this legislation. Ed Wojahn, a vet- regulations. eran of the Second World War; Jim left behind. Why has rural America So as we go through these issues and Millin, also a veteran of the Second struggled for its economic life when a few others tonight, the first person I World War; Ralph Busler, who served suburban America is flourishing and want to call on is my good friend, the enjoying unparalleled prosperity? three different tours of duty in Viet- gentleman from Oklahoma (Mr. WAT- We believe that a lack of leadership nam, all of whom came out and spoke KINS), of the third district who is inter- to these student groups at the Amer- is very much a part of that. Rural ested in agriculture in Oklahoman ag- ican Legion in La Crosse, Wisconsin, in America has not fared well under the riculture and energy, and how it affects my congressional district. Clinton-Gore policies. We are also very Oklahoma and how it affects rural I can recall as if it happened yester- concerned that rural America will not America. day, Ed Wojahn telling his story and fare well under a Gore administration. Mr. WATKINS. First, let me thank breaking down as he recounted visiting Agriculture, at a time when this my colleague from Pennsylvania (Mr. last summer in Belgium the grave site country has expanded its ability to PETERSON) for his concern and for his of a World War II comrade in arms who grow products, wonderful products, time tonight for us to talk about some fell during the opening days of the Bat- better, better yields, better quality, of this inappropriateness and lack of tle of the Bulge. our farmers are fighting for their eco- action by this Gore-Clinton adminis- Mr. Wojahn is 77 years old, and he nomic life. World markets have not tration. told the students he was a 22-year-old been opened because of inappropriate Mr. Speaker, I would like first for my Army combat engineer when he was public policies. colleagues to know that I stand to- captured by German forces in Belgium Mr. Speaker, public land, America night not for political reasons, but be- on his birthday, on December 18, 1944. owns a third of our land; and when we cause of an emotional concern, a life- His unit was without food, without am- have Federal public policy changes, it long emotional concern about small munition, and was surrounded by Ger- impacts rural America, not urban-sub- towns and rural areas of this country, man soldiers for 2 days before his cap- urban America. It impacts rural Amer- yes, our farms and our agriculture in- tain finally surrendered. He stated, ica, because that is the land we own. terests also throughout this Nation. ‘‘There was no way to go. You went for- We are a country rich in natural re- Let me share with my colleagues, I ward, you went backwards, sideways, sources, and many people claim that loved agriculture to the point in small there were Germans everywhere.’’ It our strength and our great past was be- town rural America, but even to the was an incredible story that he told cause we had those natural resources. point that I majored in agriculture along with the other veterans on that Have we had appropriate policies for when I went off to college, I got a cou- day. energy, for mining that allowed us to ple of degrees in agriculture, so I stand

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8600 CONGRESSIONAL RECORD — HOUSE October 2, 2000 with this emotional concern not just port about 56 percent of our energy process of this administration. And it political concern. from oil from foreign sources compared is where rural jobs come from, and it is Back when I served as State presi- to that or less than 40 percent back why urban areas are becoming crowded dent of the Oklahoma Future Farmers there in the oil barrel embargo. We are and rural America is becoming more of America, I would stand and I shared becoming more dependent. sparsely populated, because the jobs 16 percent of our people were in produc- Let me say, I submit to my col- have been forced out of rural America. tion of agriculture in the United leagues, I submit to the American peo- We have become as a country depend- States. 4 years later, when I received ple that today we are more dependent ent on the rest of the world instead of the Outstanding Agriculture Student than we ever have been at a time when strong and independent because of our Award at Oklahoma State University, I we think we are independent. We are own natural resources. stood up and said there is only 121⁄2 per- more dependent on a viable source of Mr. Speaker, next I will yield to the cent of us in the production of agri- oil supply for this country, and the fact gentleman from Nevada (Mr. GIBBONS), culture in the United States. remains under the 8 years of the Gore- who is going to talk about mining and Tonight as I stand before my col- Clinton administration, they have not the interest he feels passionately leagues, I say there is only 1.5 percent developed a national energy policy for about. of people in the production of agri- the protection of this country. Mr. GIBBONS. Mr. Speaker, I thank culture; that is the erosion that has We have not moved forward to try to the gentleman from Pennsylvania (Mr. taken place in rural America. There is make sure we secure the energy and de- PETERSON), my colleague and good no other way I can paint the picture velop the energy for this Nation, the friend, for inviting me to join him in any better. fossil fuel, as well as the renewable en- this dialogue this evening and on a Not too long ago, earlier this year, I ergy. We still have today more fossil very important issue about the future was invited to speak on agriculture be- fuel reserves in the ground than we of rural America and its importance to fore the Farm Credit Association in have mined or drilled and taken from this great country. Oklahoma. They wanted to know the the ground. It is a matter of us having As the gentleman has just said, our title of my speech. I usually do not a policy that will allow us to move for- rural economies and our rural areas are have a title, but I said if you need to ward. so valuable to the natural resources of have a title, you can state it is ‘‘Amer- So the people of this Nation need to this Nation. Mining, of course, like the ican Agriculture changing from the know our national security is at stake. gentleman before us from Oklahoma PTO to the WTO.’’ Yes, we have a volatile energy policy it (Mr. WATKINS), who spoke about the oil Now, PTO stands for the power take- appears, to say the least, when it goes industry and the fact that we are be- off on the tractors which allowed us to from $20 down to $8 which not only dis- coming so dependent upon industries get bigger farms and bigger units and turbed the energy patch. It literally outside of the borders of this country allowed us to produce the food and took nearly 100,000 of employees out of for our economy and for our well-being fiber for this country. We can produce. the rural areas of this country that and for the quality of life that we have. Our big problem is being able to sell were producing the energy for our Na- Mining also fits into that very same and now we have the World Trade Or- tion. category. ganization that we must be able to It is hurting the consumers. I have Mining is endangered at this very market through, 135 countries around suggested that we reached out in a bi- point, because of the policies of this ad- this world; and we cannot forfeit those partisan way and we come together and ministration and as well as I can imag- markets. we develop a national energy policy ine under any type of administration Let me share with my colleagues that would stabilize fuel prices in an from a Gore administration would be something on an inappropriate activity amount we can all work with and live as well. that took place in the Uruguay Rounds with and let us produce the Nation’s b 2015 back in 1993 under this administra- needed energy. To do no less is making tion’s United States trade representa- us subject to blackmail. We have seen How are they doing that? They are tive. At the Uruguay Rounds, they ba- this go overseas to OPEC and get on taking the control of the public lands sically had resolved all of the various bended knee and beg, that is un-Amer- upon which most mining occurs. They disagreements in trade, and it came ican. are regulating through the administra- down to agriculture and they could not Let me say it hurts not only the con- tion these businesses out of business. agree on settling their difference in ag- sumers in the urban centers of this Secondly, they are taking away the riculture. They established a peace country, but devastates rural America. utility of our natural resources and our clause. Now that sounds good, a peace I hope and I pray that we will move ability to produce them and keep the clause. However, what did it do? forward, and I hope and pray that we economy of this great country going. Actually, the peace clause of the do quickly because the future of our In doing so, what their ultimate Uruguay Rounds, the GATT talks, es- children and our grandchildren are at choice is is to endanger both the econ- tablished and grandfathered in over $7 stake and the future of our country is omy and the national security of this billion of subsidies for the European at stake. great Nation. Union. We only have about $100 mil- I say to the gentleman from Pennsyl- Let us look at how they control vast lion, and there is a lot of differences in vania (Mr. PETERSON), I think the gen- areas of this country. As the gen- $100 million and $7 billion of subsidies tleman is lifting an issue of rural tleman has said, approximately 800,000 which allows the European Union to America and the lack of support, the square miles of the United States, the grab our markets, preventing us from lack of effort being made in the energy western part of the United States, a being able to sell around the world in and agriculture and other areas that size equal to most of the leading indus- many cases. I can go on and on and our people of this Nation need to know trialized world combined, including talk about agriculture, but I had to that under 8 years of the Gore-Clinton Japan, Germany, Great Britain, make that point. administration they have done noth- France, and Italy, plus Ireland, and But I stand with a sadness tonight, ing, zilch, zero in trying to move us to- Denmark, Switzerland, the Nether- because I see what is happening is just wards some kind of independence in the lands, Belgium, as well as a few pure politics concerning the energy in- field of energy. Luxumbourgs thrown in for good meas- dustry. The Vice President attacks the Mr. PETERSON of Pennsylvania. Mr. ure, 815,000 square miles of public land fossil fuel industry; but I would like to Speaker, I thank the gentleman from is regulated by the administration. point out to the American people and Oklahoma (Mr. WATKINS). Upon those lands are where we gain to my colleagues, he has no alter- I am not minimizing the importance much of our natural resources, includ- natives, he has no other options, except of agriculture, because it is vital, what ing mining. Mining is indeed part of to attack, that would endanger us even do we do in rural America. We farm. our everyday lives, and as we know, more. We mine. We drill for oil. We cut tim- most individuals, every man, woman, One of our colleagues earlier from ber. We manufacture, all under attack, and child in this great country con- Florida stated the fact that we now im- in my view, through the regulatory sumes about 44,000 pounds of mined

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8601 materials in one form or another every sources, whether it is timber, whether mining is as important to our urban year. That is 44,000 pounds of mined it is mining, whether it is farming and communities as mining is to our rural materials, whether it is coal, fuel, the agriculture, developing the land and communities, not just for the jobs but electricity plant that generates the en- making those resources work for us. for the direct result of what they ergy for our daily living, or whether it I am interested in what these can- produce and put out for consumption is metal mined for a vehicle to drive us didates stand for and how an adminis- to the American public. to and from work, that we use in our tration is going to critically hurt our We need an administration that will jobs, or even the jewelry that we wear rural America. I looked at the vice invite all interested parties to the is part of our everyday life. president’s book, Earth in the Balance. table. When it comes to establishing And especially when we start think- The vice president himself argued that public policy, this administration has ing about medical apparati, medical some new arm of the U.N. should be not. It has relied solely on extremist technology, the mining industry has empowered to act on environmental environmental groups to make those indeed provided us with the quality of concerns in the fashion of a Security decisions. They have dictated mining health care that we have today that is Council, and in other matters. There out of existence. indeed pushing out new frontiers and should be global constraints and le- It is not my nature to stand here and keeping America alive, making our gally valid penalties for noncompli- join with my colleague and be so polit- own lives longer, and giving us a better ance. ical, but I believe this election is going quality of life due to mining. Well, most mining companies today to be particularly important to Amer- Well, with that 815,000 square miles, have a very strong, very hard depend- ica. It is going to be particularly im- and this administration seemingly ent environmental quality that they portant to rural America. It is going to hell-bent on acquiring more land and use in their operations every day be pivotal to the future of this country. using administrative procedures to around this world. I will be the first to It will be pivotal to determining the fu- push the public off the public land to admit that there are some historically ture of mining. push mining companies off of land and bad practices out there in the past that Because there is an old saying: Min- force them overseas, we are growing have given mining a bad image, but to- ing works for Nevada, but if it works into a new dependence, for all the stra- day’s practice is environmentally for the rest of the Nation as well, then tegic minerals and metals that we need sound. We have most mining compa- it is a good product. It is a good organi- for our armed forces and for everyday nies, they are shareholder-owned, cit- zation. It is a good industry to have. living, on countries where they can go izen-owned. They have a responsibility There is one final saying that I want mine and have the opportunity to do to their shareholders, a fiduciary re- to leave my colleagues with here today so. Therefore, like oil, we are soon to sponsibility, and they are going to about mining. That is, in mining, you become dependent for these metals and keep our country and our resources in have to remember that if it isn’t materials. this world I think used with the high- grown, it has to be mined. We are left with two very critical est priority and safety, environmental I want to thank my colleague, the choices. Mr. Speaker, we are left with a safety, that we have. gentleman from Pennsylvania, for al- choice of whether we develop our own Let me also say that the administra- lowing me to stand here and give a lit- resources and keep our children, our tion under Vice President Gore has tle bit of introduction on the value of sons and daughters, home, or do we go proposed a new tax on the mining in- mining. I just want everybody to re- ahead and allow for mining activity to dustry, a tax that amounts to a royalty member the 44,000 pounds we each con- move overseas at the insistence of the on mined minerals that would amount sume every year of mined minerals. It Gore administration, and following up to about $200 million a year over a 10- is critical to the future of this country by sending our sons and our daughters year period. That is a $2 billion new and to the quality of life each and over there to defend the national secu- tax. At a time when our government is every one of us have. rity when those vital critical elements flush with surplus tax revenues, they I thank the gentleman for allowing to our economy are cut off at some want a $2 billion tax increase. me to be here. point? So we have those very delicate Do Members know what they plan to Mr. PETERSON of Pennsylvania. If balancing choices we need to make. do with that money? I think they plan we are not mining it from our own I am really concerned about what to acquire more public land, kicking lands, we will be buying it from some this administration is doing through the public off. foreign country. the United Nations as well. I heard re- Nevada is one of those States where I Mr. GIBBONS. If the gentleman will cently that many of the leaders of the think it has the highest percentage of continue to yield, as the gentleman United Nations have tried to enlist 25 land in its borders that is managed and says, our oil right now, we are 60 per- specified international agreements to owned by the Federal government, at cent dependent upon international de- establish a legal framework of inter- about 89 percent. That leaves us with liveries of oil. When we reach the point national governance, a body of binding about 11 percent for our real estate tax where mining is overseas and our met- rules that would also affect how we op- base developed property. It takes away als and strategic metals are now pro- erate in this country and make it even a lot of the area that mines could go duced overseas, we will then become more difficult for mining to succeed. and work with private individuals. dependent upon those countries, as Such conventions and protocols are So buying up more land only ex- well, and we will end up making the the primary interest of environmental cludes the public from this land. It ex- choice, do we send our sons and daugh- programs which have been on a cam- cludes our mining industries, again ters over there to defend the vital na- paign to make new world environ- forcing them overseas, so buying up tional interests of those strategic min- mental organizations the deciding fac- that land is not in the best interests of erals to the United States? tor in what we do at home. rural America. It puts people out of Mr. PETERSON of Pennsylvania. I Let me say just one quick analogy jobs. It puts communities on the brink thank the gentleman. Most of us to- here. If resources were the measure of of disaster and failure and financial night that will be speaking have large a country’s wealth, the United States bankruptcy. All of this makes those rural districts, some of the West but would not be the number one economy rural communities become more and some from the East. I have the largest in the world, Russia would be. Russia more dependent upon urban commu- district east of the Mississippi in Penn- has more oil, gas, more timber, more nities for their support. I am sure sylvania, but our next speaker, Mr. mined minerals than any other Nation. America does not want that. SHERWOOD, who joined us in 1998, 2 But because Russia could not develop I am also worried that the next presi- short years ago, comes from a district those natural resources, because Rus- dent must understand mining, and our almost as large as mine, a gentleman sia had to depend upon outside sources, president must make great strides in who was a very successful businessman Russia is not the number one economy becoming a responsible steward of the and had not served in government per in this world, the United States is, be- land. He must understand that mining se except for the school board, local cause the United States learned long is a responsible steward of the land. I government; I should not say except ago how to develop its own natural re- would hope that he understands that for local government. That is the most

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8602 CONGRESSIONAL RECORD — HOUSE October 2, 2000 important government we have, local we are good stewards of our environ- relies on the 32,000 organized depart- government. ment and the people that are down- ments that are in every rural town in He served very well there, has been a stream. America. In fact, as my colleague very successful businessman, and has Yet, we have an EPA now that wants knows, Pennsylvania has 2,600 of these transitioned into a very successful to make all farming operations point rural fire and EMS departments. They Congressman. He brings so much source polluters, all forestry oper- are in every small town in every coun- knowledge and experience of the com- ations point source polluters, when ty in this Nation, in Montana, in Idaho, munity with him. these two issues have been very capa- in Alabama, in Arkansas, in Hawaii, in Mr. Speaker, I yield to my friend, the bly dealt with by our Pennsylvania New York, California. They are there. gentleman from the eastern part of DCNR. And 1.2 million men and women, 32,000 Pennsylvania (Mr. SHERWOOD), who will That would be an unprecedented departments, 85 percent of them are share with us the perspective of his power grab by the EPA that would fed- volunteers. In fact, they are the oldest rural district. eralize all these small business prac- volunteers in the history of the coun- Mr. SHERWOOD. Mr. Speaker, I tices, all these landowners that are try, older than America itself. thank the gentleman for yielding me. farming on their land or harvesting Now, the important thing is, what Mr. Speaker, I ran for Congress be- their timber. It would be an unneces- has this administration done to these cause it had been my observation that sary escalation of the authority of the people who are serving America, who in northeastern and north central Federal government, and it would be are responding to floods, tornadoes, Pennsylvania, we exported our milk very cumbersome, very hard to man- earthquakes, hazmat incidents, and and our stone and our timber and our age. fires? Well, they have cut the only pro- manufactured goods, but we had also So that is why I am concerned, as gram for rural fire departments which for a couple generations been exporting some of my colleagues are concerned, has been authorized at about $20 mil- our children. The reason we exported our children about the direction the country might lion a year. This administration cut it is they would grow up in these good take when we have our election in No- last year to this year from $3.5 million families and get an education and go vember. to $2.5 million. What a disgrace. The somewhere else to find a job, because b 2030 President sneezes and spends more than $2.5 million a year. Yet, this ad- we did not have enough good jobs at We need a rural economy that stays home. I have worked very hard to get ministration has done nothing for rural strong. We need to protect those jobs, fire departments. more good jobs in northeastern Penn- protect those families, protect the sylvania. We have been pretty success- Now, why should they? Well, these small towns that live off the forest people lose 100 of their colleagues every ful at that. But the first rule if we products industry, the mining indus- want a good economy in our own dis- year that are killed. Name me one try, and agriculture. We need sustain- other volunteer group from America tricts is to protect the jobs we have. able agriculture. We do not need it all What do we historically do in the where 100 of their members are killed concentrated in just a couple areas of country? When I was a young man in the line of duty. They have ordinary the country. growing up in Nicholson, we had three jobs, but they are killed protecting If one has small dairy farms dis- feed mills, or excuse me, five feed their towns and their communities. persed around the country, that is a mills, two car dealerships, three But this administration, they claim very environmentally friendly way to creameries. If we go through that town they are for volunteers. We saw them raise our milk and our food and our today, there are not any of those. develop the AmeriCorps program. Is Why did that happen? That happened fiber. When one has huge concentra- that not amazing, a $500 million pro- because we lost our agricultural base. tions of animals in one area, one gets gram supposedly designed to help cre- In the country, there are a few things problems like we saw in the Tar River ate volunteers. But guess what, the we do for a living. We farm, we timber, and the floods of a year ago. volunteer fire service cannot apply be- we quarry stone. Those are all very im- So we want policies that will keep cause it is not politically correct to portant revenue producers and sources our farmers operating in the North- fight fires and respond to disasters. So of employment and sources of good, east. To do that, we have to have a here we have an administration that is stable family life in my district. good energy policy. And we have to un- so insensitive to our domestic defend- I am concerned that we have policies derstand what we have to work with, ers that they created a half-a-billion- in this country that are making those that we need to work on our domestic dollar program, giving scholarships, in- industries less and less viable. I am supply, and that we have to understand centives for people to volunteer, but concerned that we are looking at an the industry. they cannot volunteer in their commu- election coming up right away for I am not afraid of the internal com- nities, especially the rural commu- president where one of the candidates bustion engine, and neither is rural nities where they so desperately need does not believe in any of those indus- America. people to man those trucks and their tries, does not really seem to believe in Mr. PETERSON of Pennsylvania. Mr. ambulances. This administration just a rural way of life. Speaker, I thank the gentleman from does not get it. We talk about the environment and the eastern part of Pennsylvania (Mr. Now, Harris Wofford, the head of that we talk about rural jobs and resource SHERWOOD). Rural America does not go program, just called me today, and jobs as if they were exclusive. With a very far without it. We do not accom- they now want to do something after well-run country, they are not mutu- plish very much agriculture without it. the program has been in existence for ally exclusive. We can have a good So I thank the gentleman from the about 6 years because they realize how economy and a pristine environment if eastern part of the State. insensitive they have been. we continue to manage it carefully. Mr. Speaker, I yield to the gentleman The gentleman from Pennsylvania In Pennsylvania, we have the sus- from Pennsylvania (Mr. WELDON), an- (Mr. PETERSON) talked about our inter- tainable forestry initiative. We have other Pennsylvanian, to share with us national defenders, our military. He is the Chesapeake Bay initiative. Both something that he shared with me ear- right. The gentleman from Pennsyl- are programs that have taught our for- lier tonight that a large number of our vania is often right, and he is right. est industry people when they can tim- Armed Forces of our recruits come The bulk of our military personnel are ber, when they can’t timber, when they from rural America. He is going to talk from the farms. They are from rural have to be worried about degrading the about rural America’s concern about America. They are patriotic. They are water supply. They have taught our our defense. dedicated. They will go any place that farmers nutrient management, and Mr. WELDON of Pennsylvania. Mr. America sends them, and they will per- that everything we do runs downhill Speaker, I thank the gentleman for form any task. and eventually ends up in the Chesa- this special order on rural America. But do my colleagues know some- peake. Let me talk briefly about two cat- thing? Look at what has happened to We have learned a lot in the last 20 egories of our defense. The first is our them. We have had three simultaneous years. We have learned a lot about how domestic defense. Our domestic defense things occur under this administration:

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8603 the largest decrease in defense spend- Pennsylvania (Mr. PETERSON) noting work there lose their jobs. The sup- ing, the largest increase in the use of that I will be talking about the ‘‘War pliers in the town lose their jobs. The our military around the world, and the on the West’’. I just want to make sure people who buy the ranch, they build absolute ignorance when it comes to he knows I define the West as anything subdivisions. arms control and the proliferation that west of the East Coast. This destruction of America’s rural has been occurring by China and Rus- So I appreciate this time to be able jobs is the unavoidable side effect of sia to rogue states, which further to talk on this subject, mainly about the Clinton-Gore public land policies. harms our Americans. rural America and I think this admin- Politics has driven their systemic ef- In fact, it was rural Pennsylvanians, istration’s assault on rural America. fort to demonize people who live on the 15 of them that came home in body While the ‘‘War on the West’’ might be land. They equate producers with de- bags in 1992 because this administra- a tired slogan, it is not nearly as tired stroyers. tion and other administrations had not as the people who continue to fight They claim to save nature from man, done enough to build missile defense their own government to preserve their and in the process, they gain political systems to stop that Scud missile when way of life. favor in the cities where people do not it hit the barracks in Saudi Arabia. As President Clinton’s reign over understand our rural culture, nor do This administration has not done western lands draws to a close, the war they understand environmental stew- well by our military. The best evidence has been renewed with fresh vigor. New ardship. of that is our retention rate right now regulations sprout like kudzu, an Another example, President Clinton’s for pilots in the Air Force and the unstoppable creeping vine, it strangles Northwest Forest Plan virtually elimi- Navy is 15 percent. People are getting the jobs and life out of many western nated timber harvesting from almost 21 out because they are fed up with all of and rural communities. acres of forests in Washington and Or- these deployments. During the past 8 years, the Federal egon. Since 1990, almost 20,000 forests None of the Services over the past 3 Government has been a tough oppo- and mill workers in those two States years have been able to meet their re- nent. Few small businesses and land- have lost their jobs. It is estimated that those industries cruitment quotas except for the Marine owners can withstand the due diligence supported another 40,000 to 60,000 serv- Corps because young people are saying, of government lawyers who have un- ice jobs. This all happened in small I do not want to join. Those farmers limited funds and unlimited time. communities where unemployment is are saying, in the past, we have gone in For the victims, bureaucratic time is already over 15 percent. like Chinese water torture, slowly the military, but I am fed up now be- This pattern has been repeated across eroding the small business owner’s cause you are sending me from one de- the West. Thousands of mining, truck- ployment to the other. ability to meet payroll and pay the ing and refining jobs have been lost by Our once proud Navy which went bills. The waiting game is the govern- preventing the expansion or opening of from 585 ships to 317 ships now have to ment’s most powerful weapon against new mines. The government has take people off of one aircraft carrier individuals. starved and destroyed countless small and move them to another, and they Delays and uncertainty can destroy oil and gas producers and drillers by are still 600 sailors short on every air- any small business. But it is only in delaying regulatory permits. craft carrier deployed in harm’s way the West and in rural America where The Clinton administration is now today. the Federal Government controls over taking the final step by restricting rec- What this administration has done to half of the land, where our economy is reational access as to Federal lands, a our military and has done to those dependent on natural resources, that a move that will erode the very tourism brave Americans, many and oftentimes little bureaucratic red tape puts entire jobs they promised would sustain rural most of whom are from our rural areas, counties out of work. America after they eliminated the re- is absolutely outrageous. In fact, I Ask somebody who comes from rural source jobs. think it is going to go down in history, Oregon or ask somebody who comes What is most disturbing is that these the past 8 years, as our worst period of from rural California. unfortunate rural victims seem to be time in our history in undermining An example, in 1997, the Bureau of expendable casualties in the game of America’s security. Land Management decided to carry out Presidential politics. If we look at the history records of environmental assessments on every The chairman of the Democratic Con- World War II, the Vietnam War, World single grazing permit renewal. These gressional Campaign Committee, the War I, the conflict Desert Storm, our can be very time consuming and expen- gentleman from Rhode Island (Mr. volunteers from the heartland of Amer- sive. It was a choice only a bureaucrat KENNEDY) recently said that Democrats ica are always the first to come and with government time and money have basically written off the rural volunteer for this country. But, again, would make. areas. That statement alone sheds we have not done well by them. Over 5,000 permits expired in 1999, light on the rural cleansing machine at Those veterans out there across nearly a fourth of the total number. work. America have not been taken care of Everybody knew that the BLM lacked In 1996, the year of the Clinton-Gore by this administration. This Congress the manpower to complete all the re- reelection campaign, President Clinton had to fight to give our veterans and views in time. The ranchers faced enor- designated 1.8 million-acre of Grand our military personnel cost of living mous uncertainty, they feared they Staircase Escalante Monument in increases because this administration would have no place to put their cows Utah. Initially, the Presidential advi- thought it was more important to give and no extra feed available. sor Katie McGinty, chairman of Coun- an IRS agent an increase in their cost The Clinton-Gore administration cil on Environmental Quality, ex- of living than they did to men and showed all the concern that we would pressed concern about abusing the An- women who were serving and our vet- expect from Federal agents. They did tiquities Act and stated that these erans who have served. not show much concern about the lands are not really endangered. We have got to change that. We need ranchers without permits who would go But she later changed her position, a President that will lead a Congress in out of business. Maybe, Mr. Speaker, apparently convinced of the political proud support of our international de- that was the point. value in making such a designation. fenders and in proud support of our do- It took Congress to step in and tem- The process was pushed forward in mestic defenders. AL GORE just does porarily renew the permits until the spite of statewide outrage, and the Na- not cut that. environmental reviews were completed. tion lost access to 62 billion tons of Mr. PETERSON of Pennsylvania. Mr. That move was labeled as an clean coal, 3 to 5 billion barrels of oil Speaker, I yield to the gentleman from antienvironmental rider that ‘‘offered and 2 to 4 trillion cubic feet of clean- California (Mr. RADANOVICH) who is a perverse incentive for the BLM to burning natural gas. The children of going to talk about the war on the delay environmental analysis.’’ Utah lost billions of dollars in future West. One thing people do not get is that royalties to pay for their schools. Mr. RADANOVICH. Mr. Speaker, I when one puts ranchers out of business, Fast forward to the year 2000. In this thank very much the gentleman from they sell the ranch. The people who Presidential election year, President

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8604 CONGRESSIONAL RECORD — HOUSE October 2, 2000 Clinton has named 10 new national tably, some of the misguided policies of grettably, not only are we not going in, monuments to the delight of hundreds the Clinton-Gore administration. as has been suggested by many, that we of important urban activists. Let me begin by just giving a little go in and begin thinning out our for- One of the most recent, the Sequoia background on the district that I am ests; that we begin removing this brush National Monument, was in my Cali- blessed and honored to represent in and thinning it out and restoring it fornia congressional district. In spite northeastern California. It is some more to its historic level so that we of an existing ban on logging within 36,000 square miles, almost 20 percent can again have the more normal restor- the sequoia groves, and in spite of sci- of the land area of the State of Cali- ative fires. By the way, the Native entific recommendations that logging fornia on the Nevada-Oregon border, Americans, we know, would set fires. provides critical fire control around just directly north of Lake Tahoe; Again, it was a positive thing. But not the groves, the administration decided north of Sacramento. There are some today. to clear 330,000 acres off limits to any- parts or all of 11 national forests with- We have seen this year one of the body. in this area: Mount Shasta, Mount worst fire seasons ever. The Govern- They immediately put 220 people in Lassen, the Trinity Alps. Again, some ment Accounting Office has estimated Dinuba, California out of work. This of the most beautiful mountain terrain that there is some 39 million acres of tragic result has been compounded by and beautiful forests anyplace in the national forest within the interior the fact that these families not only world are located in this area that I West that are at high risk of cata- lost their primary income, but they represent. Yet we see a tragedy taking strophic fire. They also mention in this also lost their employer-provided place, a tragedy that began taking same report that it has been estimated health insurance. place because, I am afraid, of an igno- that there is a window of only 10 to 25 Possibly the worst effect of the Se- rance within the United States, and years that is available for taking effec- quoia Monument, however, is that it certainly with this administration, on tive action before there is widespread, has left the Sequoia Monument in the what is happening in our national for- long-term damage from large-scale ests. same position as the Bandelier Monu- fires. That is a direct quote from the For example, about the turn of the GAO report. ment in Los Alamos, New Mexico. century and beginning in a major way Again, what do we see happening? There is a virtual timber box of a for- around 1930, we began eliminating for- Nothing. We see nothing happening. est, and prescribed burns are now the est fires from our western forests. And This administration is following what only way to control it. Just this year, of course our forests in the West are some within the, regrettably, the ex- 75,000 acres burned right next door in very different than those on the East treme environmental community are the Manter Fire. Coast because it rains all summer long dictating. For example, the Sierra Club So today, at the end of the Clinton here. Fire is not something that people came out 2 years ago in their public administration’s sovereignty over really understand that much on the policy stating not a single tree should western lands, we find we are still East Coast. But on the West Coast we be removed from the Federal forest, fighting a war on the West. are basically a desert in the summer- City folk might be tired of hearing time. We have lightning strikes, and not even a dead or dying tree. And, about this, but, Mr. Speaker, believe fire has historically been a natural again, we see insect infestations. This me, the people in rural America are ex- phenomenon. It would be considered a is a normal thing to happen, and it is hausted after 8 years of living with it. positive phenomenon as well. But what something that unless we go in and I thank the gentleman from Pennsyl- happened, again in early 1900s, as peo- take out these diseased trees when it is vania (Mr. PETERSON) for yielding me ple began living in these forest areas, first starting, we will see healthy trees this time and also for bringing up this they began preventing all forest fires. and an entire forest destroyed. Not most important issue to my constitu- Then what happened is that our forests even a single tree, even if it is dead and ents and I think for the country; and began to become much denser than dying, can be removed so as to remove that is this administration’s attack on they were historically. this incredible catastrophic fire haz- rural life in America. As a matter of fact, the Forest Serv- ard, according to some within the ex- Mr. PETERSON of Pennsylvania. Mr. ice has estimated that since 1928, our treme environmental community. Speaker, it is hard to hear any speech forests in the West are anywhere from Regrettably, and the real tragedy is, given that they do not talk about two to four times denser than they that it seems very likely that were the urban sprawl today. But one of the were historically because, again, we Vice President, Mr. GORE, to become greatest causes of urban sprawl has have prevented the natural fires that the President, he would continue this been the slow methodical destruction would burn along and thin out the for- same policy that we have seen now for of rural America. The economies, ests, burn out the smaller trees, and 71⁄2 years into the next administration, whether it is agriculture, whether it is then we would have larger trees which the next 4 years; and we would see mining, whether it is timbering, would get larger. As a matter of fact, it more trees burning. whether it is manufacturing, all those was estimated that prior to the arrival How many trees have we seen burn? things we do in rural America, as they of Europeans, there were approxi- Well, last year some 5.6 million acres have been squeezed, and they have mately 25 large trees per acre in our burned across the United States. This been, and made more difficult to ac- forests. Today, we literally have hun- year it is already, as of the first of Sep- complish, young people leave, move to dreds of trees per acre. tember, 6.8 million acres have burned. the urban areas, and we have urban Now, what happens today? Today, we The cost of this has been $626 million sprawl. Yet, in rural America, the qual- see when we have a fire, either by that has been spent; not to restore our ity of life is unparalleled, but it is not lightning strike or accidental fire, we forests to their historic level, but just a quality of life if one cannot have an see what they call a catastrophic fire, to fight these catastrophic fires. income. where the fire begins in the brush area, And I might mention that the biggest it moves up and becomes what is re- fire was in New Mexico. And, guess b 2045 ferred to as a fire ladder, where it what. The Federal Government set this So next I am going to call on my moves up into the smaller trees and fire itself. This is what they called ‘‘a other friend from California who is then up into the very crowns of the big prescribed burn.’’ Well, prescribed burn going to talk about the fires, another trees, which historically have lived for might have been great if we were a Na- failed policy of this administration. hundreds of years, and now we see the tive American back in the 1800s when Mr. HERGER. Mr. Speaker, I thank entire forest burn. We actually see there were only 25 trees per acre. But my good friend, the gentleman from where these fires get so hot, so intense, now, when we have a prescribed burn Pennsylvania (Mr. PETERSON), for lead- that the soil itself, the minerals with- and we have these fire ladders, we can ing us in this special hour today talk- in, are singed for two to three inches see what happens. Again, this was a ing about the challenges that we have and nothing can grow for several years tragedy in New Mexico, with hundreds in rural America, and particularly the later. A catastrophic fire. of homes being burned and many hun- challenges that have been brought Now, what is the Clinton-Gore ad- dreds of homes more threatening to be about and magnified because of, regret- ministration doing about it? Well, re- burned; people’s lives being destroyed.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8605 In my own district of Lewiston, a our children. It seems to me it takes a backyards and take the fallen trees, town last year, we had 120 homes burn. balanced and informed relationship be- the underbrush, the fire hazard, and The entire community of Lewiston, it tween real people, who naturally will clear it. And there is a section right was in the national news for several love their land more than anybody across the road where that was dis- weeks, was threatened to be burned. could when they make their living off allowed. The fire came, and it is not That was also a prescribed burn. Again, it and they live on it, and a govern- difficult to see where the fire’s devas- I want to mention that prescribed ment. tation ended. It ended where people did burns might be fine if we have gone in I have to say, Mr. Speaker, some- the sensible thing with their land and and restored these forests as they times the government can do some cleared the fallen trees and stopped the should, but not certainly as we see downright silly things. Driving fire hazard. them today. through Georgia just a week ago, look- b 2100 Is there something we can do? Yes. ing at the beautiful landscape of Geor- We passed legislation just this last gia, seeing the damage that was done There are many things that we can year, legislation which I authored. I by what I call the kudzu government. see in rural America in our wonderful did not write it, but I authored it here. A lot of my colleagues may not be fa- countryside, resources, wealth, that should be unlocked from rigid, inflexi- It was called the Quincy Library Plan. miliar with kudzu, but if they were to ble, dogmatic Government controls The reason it was called Quincy Li- go to south, southeast America they that are naive in their understanding, brary is because environmentalists and will see kudzu. My colleagues who are innocent of their awareness, and arbi- wood products people and elected offi- uninformed might say, my goodness, trary in their implementation. cials and community leaders from that is pretty. But what is kudzu? Let America be what America has within the community of Quincy in Kudzu is something introduced in rural been and has built itself from, a free northern California, a small town of America, in the southeast, ostensibly Nation of real people making a living about 1,200, got together and they to control soil erosion. And what it and living on their own land. thought, well, the only place they does is it grows over and smothers all I think we should return to this sub- would not yell at each other was in the the natural foliage of the region. ject again soon. library. So it was called the Quincy Li- So if anyone has been fortunate brary Plan. They came up with a plan enough to have been given kudzu, a gift f using the latest scientific data, along from the government, and it has been EXPANDING TECHNOLOGY IN with all the current laws, put it all to- in their neighborhood for very long, RURAL AMERICA gether in a plan specific for their for- they know that it has killed every- The SPEAKER pro tempore (Mr. est. thing, even what they wanted to keep. ISTOOK). Under a previous order of the They came up with this plan, it was That is so like the government: comes House, the gentleman from Utah (Mr. voted out of this House virtually and shows up and says, ‘‘I am Mr. CANNON) is recognized for 5 minutes. unanimously, passed out of the Senate Kudzu, I am from the government, I am Mr. CANNON. Mr. Speaker, I want to virtually unanimously, and the Presi- here to help you.’’ And before we know thank my friend and colleague the gen- dent signed it. This administration re- it, they have smothered and destroyed tleman from Pennsylvania (Mr. PETER- fuses to implement it. We have already everything that is dear to our native SON) for the opportunity to speak on been 1 year into it, and this plan has regions. his special order and for his effort in not been implemented. It was a 5-year A look at mining reclamation. I wish putting this together. pilot program, and they are eating up everybody in America would go out to Tonight we have heard about many the time. This plan, by the way, does our great mining States and see what of the blessings that we get from rural not cost taxpayers money. It brings in they are doing in mining in America America. We get timber and paper $3 of revenue for every $1 that is spent. today; to see how quickly they take products. The gentleman from Pennsyl- Maybe this would help some of the 43 the ore, the coal, out, extract it, clean vania spoke about that. We have oil mills that were closed in my district up, replace and refill. It is not unusual and gas. The gentleman from Okla- alone in my 10 rural counties, not be- to see the mine operating very produc- homa spoke about that. We have min- cause we are short of trees, but because tively, producing the minerals and the erals extraction. The gentleman from of Federal legislation that would not ores and the energy that we want, and Nevada spoke about that. And the gen- allow us to go in and thin out. within hundreds of feet we will see the tleman from Pennsylvania (Mr. SHER- Again, there is a tragedy happening natural wildlife of the region grazing WOOD) spoke about exporting kids. in our national forests and to our envi- on what had been, and is today again, Also, the gentleman from Pennsyl- ronment. No spotted owls can live the natural foliage of the region. vania (Mr. WELDON) spoke about the where a catastrophic fire has taken Once again, the government of the number of children, the young people, place. We need to do something dif- United States might have been helpful from rural America who get involved in ferent. I am very pleased with Gov- and encouraging in that. But today it the military. So we have these great, ernor George W. Bush and his intent to says we are so extreme, as they did in great resources that we have been ex- work with us on this. the Grand Escalante, we will not allow porting. I thank the gentleman from Pennsyl- the mining, we will not allow the rec- But on the other hand, there now is a vania for yielding to me. lamation. We will deny the Nation the turnaround and we are getting more Mr. PETERSON of Pennsylvania. We resources. and more people back in or at least have been joined, Mr. Speaker, by the One of the great philosophical ques- more and more people want to come majority leader, such a delight, and I tions of our lifetime is, If a tree falls in back to rural America, and technology would like to yield to him now. the forest and nobody is there, will is allowing that to happen. Mr. ARMEY. Mr. Speaker, I thank anybody hear it? Well, if AL GORE be- I would like to talk for just a couple the gentleman; and I see the he has comes President, we might ask the minutes about technology and edu- more speakers, perhaps a wealth of greater question, and the one that has cation in rural America and why that speakers here, so I will not take but greater relevance to our life, If a tree is so compelling and why that is going just a minute or two. falls in the forest, will anybody clear to change the nature of what we do in I want to thank the gentleman from it? And we just heard a discourse on America so that people can go back to Pennsylvania for taking this special that. where they came from where they order on a very important subject, and There is a place in Idaho, in the dis- enjoy life, where they have clean air I would like to make three points that trict of the gentlewoman from Idaho and they have beautiful scenery and have come to me while I have listened (Mrs. CHENOWETH-HAGE), where you can they have good friends and where they to all of these speakers. The basic ques- stand and see that the environmental can leave their cars unlocked when tion we are asking here is how do we as extremists allowed an experiment. they go to church. a Nation preserve, utilize, conserve, They allowed somebody to do the nat- We have a number of things that are and develop our resources to achieve ural, normal, sensible thing that we happening in technology that are hap- the wealth of a Nation in the lives of would all do as we cleaned up our own pening at a breathtaking rate. And,

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8606 CONGRESSIONAL RECORD — HOUSE October 2, 2000 frankly, we do not see them. We have that. He did not say he did not mean Having said that, I would now like to had so much change that these new de- what he said. He said he did not mean turn to the subject that I wanted to velopments are coming faster than we to say that. Because that gave away talk about tonight, which is education. can really understand. But on the cut- the strategy of the Democratic party. Because more than any other subject, ting edge of technology today, we have And it was probably unthoughtful. But education and what we do about it and two or three different things that are it has never been recanted, as far as I what this entire country does about it going on. know, by any leader of the Democratic lies at the center of the question of In the first place, we have all seen National party. No one has said, we are how well we will prepare for our coun- the plummeting prices and the de- actually going to court the rural vote. try’s future. crease in the size of computer equip- And in fact, everything they have This is going to be a fairly dull ment. That is going on at an increasing done has been shown to be a movement speech. It will be filled with exactly rate. And we are going to see a time away from rural. They tax rural people what political consultants say we within the next year or so when you the same they do everywhere else, but should not have in our speeches. It will can take a little small computer that they move the programs into the urban be filled with numbers and facts. It will has all the power of a major computer areas under the Democratic regime. not be exciting. It is not meant to be. and it will operate off of radio fre- That is not right. It is meant simply to state in a clear quency and it will do so at a very rapid There is a digital divide today and way who has tried to do what to edu- rate, so that every kid in the world in that digital divide can be healed and cation over the last 5 years. the next 4 or 5 years is going to have overcome between rural and urban We will undoubtedly hear in the the opportunity to be educated at a America if we let the free market Presidential debates tomorrow night; very high level. work. But if we tax everyone in Amer- and we will have certainly seen across I would like to think that in the next ica and move that money to the urban the Nation, Republican candidates giv- few years we will see a time when we areas, then we lose the opportunity to ing speeches and running ads pre- will have advertisements instead of bring back to the rural areas the basis tending to be friends of education. send $15 to feed a child for a month, we for jobs and economic growth that Those speeches fly in the face of the will see ads to send $15 to educate a make the rural part of America so historical record of the past 6 years. child for a month and every child in great. That record demonstrates that edu- cation has been one of the central tar- the world will have the opportunity to f get a post-doctoral education off the gets of House Republican efforts to cut EDUCATION IS AT THE CENTER OF Internet. That is partly because of the Federal investments in programs es- AMERICA’S FUTURE devices that are coming onto the mar- sential for building America’s future in ket. The SPEAKER pro tempore. Under order to provide large tax cuts that In addition to those devices, we have the Speaker’s announced policy of Jan- they have been promising their con- this great new technology with radio uary 6, 1999, the gentleman from Wis- stituents for years. Six years ago, in their drive to take frequency and the ability to commu- consin (Mr. OBEY) is recognized for 60 control of the House of Representa- nicate a signal sometimes through minutes as the designee of the minor- tives, the Republican leaders, then led multiple repeaters, so that we should ity leader. by Newt Gingrich, produced the so- be able to take satellite signals and get Mr. OBEY. Mr. Speaker, before I pro- called Contract with America, which those down to every child and every ceed to the remarks that I had in- they claimed would balance the budget person on Earth; and that certainly in- tended to make tonight, as a Member while at the same time making room cludes everyone in rural America. of this House who represents rural America, or at least a significantly for huge tax cuts. And finally, we are seeing terrific They indicated that one of the ways rural district, I would simply note a growth in the ability to compress data that they would do so was by abol- few facts. so that we can do much, much more ishing four departments. Eliminating In 1979, the last year of the Carter ad- with a smaller band width. the Department of Education was their So, for instance, in my State of Utah, ministration, agriculture programs new number one goal. They also want- cost the taxpayer less than $4 billion in Emery County, a little rural county in ed to eliminate the Departments of En- direct payments to farmers and prices the State of Utah, every person in that ergy, Commerce and HUD. county, because of the foresight of the paid to farmers at the marketplace Immediately upon taking over the local telecommunications company, were considerably higher than they are Congress in 1995, they proposed cuts now has access to DSL broad band tele- today. below existing appropriations, not just communications. That DSL is going to This year, under Freedom to Farm, below the President’s request, but be a big enough pipeline to do almost better known in rural America as free- below previous appropriations in a re- anything that anyone could imagine dom to fail at farming, which was scission bill H.R. 1158. That bill passed they would want to do. And that takes rammed through this House by the Re- the House on March 16, 1995, reducing the jobs into rural Utah and raises the publican leadership a number of years Federal expenditures by nearly $12 bil- life-style there. ago, the cost to taxpayers has risen to lion. Now, I would just like to wrap up by well above $20 billion a year, almost 30 Education programs accounted for talking about the difference in perspec- if we count all costs, and the prices only 1.6 percent of the Federal expendi- tive here. We have a battle going on. It paid to farmers have fallen through the tures in fiscal year 1995. But they made is a cultural war. We see that battle floor. up 14 percent of the spending reduc- going on with the Boy Scouts of Amer- I think most farmers, at least in my tions in the House Republican package. ica and the attempt to revoke their area, recognize that rural America can- That package was adopted with all but charter. We see that battle in many not thrive unless family farmers get a six House Republicans voting in favor other places. But the battle really decent price for their product and until of cuts totaling $1.8 billion. comes down to a battle between urban the so-called Freedom to Farm Act is Next, H.R. 1883 was introduced, which America and rural America. radically changed, rural America will called for ‘‘eliminating the Department The Democrats have taken a very continue to decay. Both parties need to of Education and redefining Federal clear position. The Democratic Con- face up to that fact. Major elements of role in education.’’ gressional Campaign Committee chair- my party have begun to. I wish I could The legislation was cosponsored by man, the gentleman from Rhode Island say the same for major elements on the more than half of all House Repub- (Mr. KENNEDY), in referring to the 2000 part of the other party. licans, including as original cosponsors elections, said on June 21, 1999, as re- But who knows, time may produce the gentleman from Illinois (Mr. ported in the Providence Journal, ‘‘We miracles. I hope that they will realize HASTERT), the current Speaker; the have written off the rural areas.’’ ‘‘We that they must undo what they did if gentleman from Texas (Mr. ARMEY), have written off the rural areas.’’ farmers are to really have a decent the majority leader; and the gentleman Now, the following day the minority shot at making a decent living through from Texas (Mr. DELAY), the majority leader said he did not mean to say the marketplace. whip.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8607 The desire to eliminate the Depart- The Republican leadership of the As the fall and election of 1996 began ment of Education was stated explic- House was so determined to force the to approach, the Republican commit- itly in both the report that accom- President to sign the legislation and ment to cut education began to be panied the Republican budget resolu- other similar appropriations that they overshadowed by their desire to ad- tion passed by the House and in the were willing to see the government journ Congress and go home to cam- conference report on the budget that shut down twice to, in the words of one paign. As a result, the President and accompanied the final product agreed Republican leader, ‘‘force the President Democrats in Congress forced them to to by both the House and Senate Re- to his knees.’’ Speaker Gingrich said, accept an education package that was publicans. ‘‘On October 1 if we don’t appropriate, more than $3.6 billion above House- That conference report, a sized-up there is no money. You can veto what- passed levels. copy of which I have here, for House ever you want to but as of October 1, 1997 brought a 1-year respite from Re- Concurrent Resolution 76, the fiscal there is no government. We’re going to publican efforts to squeeze education. year 1996 budget resolution, states flat- go over the liberal Democratic part of For 1 year a welcomed bipartisan ap- ly: ‘‘In the area of education, the House the government and say to them, we proach was followed and the appropria- assumes the termination of the Depart- could last 60 days, 90 days, 120 days, 5 tion that passed the House and the ment of Education.’’ years, a century. There’s a lot of stuff final conference agreement were ex- That is what they voted for. The fis- we don’t care if it’s ever funded.’’ tremely close to the amounts requested cal 1996 budget resolution not only pro- It is clear that the Labor, Health and by the President and the Department posed the adoption of legislation to ter- Education bill and the education fund- of Education. minate the Department organization- ing in particular in that bill was at the Conflict between the two parties over ally, but it put in place a spending plan heart of the controversy that resulted education funding erupted again in 1998 to eliminate funding for a major por- in those government shutdowns. Cut- when the President requested $31.2 bil- tion of the Department’s activities and ting education was an issue that Re- lion for the Department for fiscal 1999. programs in hopes of partially achiev- publicans felt so strongly about that In July, the House Appropriations ing the goal of elimination even if the they literally were willing to see the Committee reported on a party line President refused to sign a formal ter- government shut down in an attempt vote a Labor-Health-Education bill mination for the Department. to achieve this goal. Speaker Gingrich that cut the President’s education The conference agreement adopted said, ‘‘I don’t care what the price is, I budget by more than $600 million; but on June 29 proposed cuts in funding for don’t care if we have no executive of- the bill remained in legislative limbo Function 500, the area of the budget fices and no bonds for 60 days, not this after the beginning of the next fiscal containing all Federal education pro- time.’’ year. Then on October 2, 1998, the Re- grams, of $17.6 billion, or 30 percent House Republican whip Mr. DeLay publicans voted with only six dis- below the amount needed to keep pace said, ‘‘We are going to fund only those senting votes to bring the bill to the with inflation over the 6-year period programs we want to fund. We’re in floor. The leadership then reversed starting in fiscal 1996. charge. We don’t have to negotiate itself on its desire to call up the bill The House passed resolution had pro- with the Senate. We don’t have to ne- and refused to bring it to the floor. The posed even larger cuts. Every House gotiate with the Democrats.’’ House Republican leadership finally Republican but one voted for both the When the government shut down, the grudgingly agreed to negotiate higher House resolution and the conference re- public reacted strongly against the Re- levels for education so they could re- port. publican House leadership’s turn home and campaign. The White Then the budget resolution estab- hardheadedness and that led to the House and the Democrats in Congress lished a framework for passage of the eventual signing of the conference had been able to force them to accept a 13 appropriations bills. The Labor, HHS agreement on Labor, Health and Edu- funding level for education that was education appropriation bill, which cation funding as part of an omnibus $2.6 billion above their original House contained the vast majority of funds appropriations package on April 26, bill. that go to local school districts, was 1996, more than halfway through the Last year, in 1999, the House Repub- the hardest hit by that resolution. fiscal year. That action came after lican leaders again directed their ap- nine continuing resolutions and those propriators to report a Labor-Health- 2115 b two government shutdowns. That Education appropriation bill that cut The fiscal 1996 appropriations bill for agreement restored about half of the education spending below the Presi- Labor, Health and Education was cuts below prior year’s funding that dent’s request and below the level of adopted by the House on August 4 of had been pushed through by the Repub- the prior year. The fiscal 2000 bill re- 1995. It slashed funding from the $25 lican majority, raising the original ported to the Committee on Appropria- billion level that had been originally House Republican figure of $20.8 billion tions on a straight party line vote approved for the Department in fiscal for education to $22.8 billion. funded education programs at nearly 1995 to $20.8 billion for the coming So on that occasion, as you can see, $200 million below the 1999 level. The year. That $4.2 billion, or 17 percent pressure from the Democratic side of bill was almost $1.4 billion below the cut below the prior year’s levels, was the aisle forced restoration of about $2 President’s request. even larger when inflation was consid- billion in education spending. Included in the cuts below requested ered and was passed in the face of in- Later in 1996, the Republican House levels were reductions in title I grants formation indicating that total school caucus organized another attempt to to local school districts for education enrollment in the United States was cut education funding below prior of disadvantaged students, $264 million increasing by about three-quarters of a year’s levels in the fiscal 1997 Labor- below; after-school programs were million students a year. Health-Education bill. On July 12, 1996, taken $300 million below the Presi- The programs affected by those cuts the House adopted the bill with the Re- dent’s request; education reform and included: title I for disadvantaged chil- publicans voting 209–22 in favor of pas- accountability efforts, $491 million dren, reduced by $1.1 billion below the sage. Incidentally, I will not read it below; and improvement of education prior year; teacher training reduced by into the record at this point but my technology resources, $301 million $251 million; vocational education re- submitted remarks will cite all of the below. Because inadequate funding duced by $273 million; safe and drug- rollcalls, dates and pages if anyone threatened their ability to pass the free schools cut by $241 million; and wants to check them. The bill cut edu- bill, House Republican leaders never Goals 2000 to raise student performance cation by $54 million below the levels brought it to the House floor. After reduced by $361 million. Republicans in agreed to for fiscal 1996 and $2.8 billion weeks of pressure from House Demo- this House voted in favor of that bill below the President’s request. During crats, they ordered a separate bill that 213–18. The bill was opposed by vir- the debate on that bill, Republicans had been agreed to with Senate Repub- tually every national organization rep- also voted 227–2 to kill an amendment lican leaders to be brought to the resenting parents, teachers, school ad- specifically aimed at restoring $1.2 bil- House floor. That bill contained sig- ministrators, and local school boards. lion in education funding. nificantly more education funding than

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8608 CONGRESSIONAL RECORD — HOUSE October 2, 2000 the original House bill but still cut the improve curriculum. Programs such as record over the last 6 years speaks President’s request for class size reduc- title I, after-school, safe and drug-free louder than their words. tion by $200 million, after-school pro- schools, class size reduction, edu- b 2130 grams cut by $300 million, title I by al- cational technology assistance, all most $200 million, and teacher quality send well over 95 percent of their funds The records show that in 3 of the last programs by $35 million. directly to local school districts. While 6 years, House Republicans tried to cut The bill was opposed by the Com- zealots in the Republican conference education $5.5 billion below previous mittee for Education Funding which drove much of this agenda, it is clear levels and $13 billion below Presi- represents 97 national organizations in- that they could not have succeeded dential requests, $14.5 billion if you terested in education, including parent without the repeated assistance from count their first rescission effort in and teacher groups, school boards and dozens of Republican moderates who 1995. It shows that more than $15.6 bil- school administrators. It was adopted attempt now to portray themselves as lion that has been restored came only by a vote of 218–211 with House Repub- friends of education. They may have after Democrats in the Congress and in licans voting 214–7 in favor. After fur- been in their hearts, but they were not the White House demanded restoration. ther negotiations, they agreed on No- when the votes came. That is the record that must be un- vember 18 to add nearly $700 million The one redeeming aspect of the Re- derstood by those concerned about edu- more, which we were requesting, to publican record on education over the cation’s future, and that is the record those education programs. last 6 years is that in most of those that will be demonstrated by the three Now, this year. This year the Presi- years, they failed to achieve the cuts charts that I am inserting in the dent proposed a $4.5 billion increase for that they spent most of the year fight- RECORD at this point. education programs in the fiscal 2001 ing to impose. When a coalition be- THE HISTORY OF HOUSE REPUBLICAN EFFORTS budget. The bill reported by House Re- tween Democrats in Congress and in TO ATTACK EDUCATION—1994 THROUGH 2000 publicans cut the President’s request some cases members of the Republican Across the nation Republican Congres- by $2.9 billion. Cuts below the budget Party in the Senate and Democrats in sional Candidates are giving speeches and request included $400 million cut from the Senate, when a coalition between running ads pretending to be friends of edu- cation. Those speeches and ads fly in the face title I, $400 million from after-school them and the Democrats in this House of the historical record of the past six years. programs, $1 billion for improving and the President made it clear that That record demonstrates that education has teacher quality and $1.3 billion for re- the bills containing those cuts would been one of the central targets of House Re- pair of dilapidated school buildings. It be vetoed and that House Republicans publican efforts to cut federal investments was adopted by a vote of 217–214 with by themselves could not override the in programs essential for building America’s House Republicans voting 213–7 in vetoes, legislation that was far more future in order to provide large tax cuts they favor. When the fiscal 2001 Labor, favorable to education was finally have been promising their constituents. Health and Education bill was sent to adopted. For Republican Members now Six years ago in their drive to take control of the House of Representatives, the Repub- conference, a motion to instruct the to attempt to take credit for that fact lican Leaders led by Newt Gingrich produced conferees to go to the higher Senate is in effect bragging about their own a so-called ‘‘Contract with America’’ which levels for education and other pro- political ineptitude. they claimed would balance the budget while grams was offered. It also instructed The question that concerned Ameri- at the same time making room for huge tax conferees to permit language ensuring cans must ask is this: What will hap- cuts. They indicated that one of the ways that funds provided for reduced class pen if the Republicans find a future op- they would do so was by abolishing four de- size and repairing school buildings was portunity to deliver on their 6-year partments of the federal government. Elimi- used for those purposes. It was defeated agenda for education? They may even- nating the U.S. Department of Education tually become more skillful in their ef- was their number one goal. They also wanted 207–212 with Republicans voting 208–4 in they said to eliminate the Departments of opposition. forts to cut education. They may at Energy, Commerce and HUD. In summary, and I will supply tables some point have a larger majority in Immediately upon taking over the Con- for the record, the record clearly shows one or both houses, or they may serve gress in 1995 they proposed cuts below exist- that over the past 6 years, House Re- under a President who will be more ing appropriations in a rescission bill, HR publicans set the elimination of the amenable to their education agenda. 1158. That bill passed the House on March 16, Department of Education as the pri- All of those prospects should be very 1995 reducing federal expenditures by nearly mary goal. Failing that, they at- troubling to those who feel that local $12 billion. Education programs accounted for $1.7 billion of the total. While the budget tempted to reduce education funding to school districts cannot do the job that of the Department of Education totaled only the maximum extent possible. Failing the country needs without greater as- 1.6% of federal expenditures in fiscal 1995, it that, they attempted to reduce edu- sistance from the Federal Government. contributed 14% to the spending reductions cation funding to the maximum extent Now, this is not an issue of local in the House Republican package. The pack- possible. In every year since they have versus Federal control. Almost 93 per- age was adopted with all but six House Re- had control of the House, they have at- cent of the money spent for elementary publicans voting in favor. (See Roll Call #251 tempted to cut the President’s request and secondary education at the local for the 104th Congress, 1st session—Congres- for education funding. level is spent in accordance with the sional Record, March 16, 1995, page H3302) Appropriation bills passed by House wishes of State and local governments. Next, legislation (HR 1883) was introduced which called for ‘‘eliminating the Depart- Republicans would have cut a total of But there are national implications to ment of Education and redefining the federal $14.6 billion from presidential requests failing schools in any part of the coun- role in education.’’ The legislation was co- for education funding. I repeat. Appro- try. The Federal Government has an sponsored by more than half of all House Re- priation bills passed by House Repub- obligation to try to help disseminate publicans including as original cosponsors, licans would have cut a total of $14.6 information about what does and does current Speaker Dennis Hastert, Majority billion from presidential requests for not work in educating children, and it Leader Dick Armey, and Majority Whip Tom education funding. In 3 of the 6 years has an obligation to respond to critical Delay. (See Attachment A) The desire to eliminate the Department of that they have controlled the House, needs by defining and focusing on na- Education was stated explicitly in both the they have actually attempted to cut tional priorities. That is what the Report that accompanied the Republican education funding below prior year lev- other 7 percent of educational funding Budget Resolution passed by the House and els despite steady increases in school in this country does. Education is in- in the Conference Report on the Budget that enrollment, in the annual increase in deed primarily a local responsibility, accompanied the final product agreed to by cost to local school districts of pro- but it must be a top priority at all lev- both House and Senate Republicans. The viding quality classroom instruction. els, Federal, State and local; or we will Conference Report for H. Con. Res. 76 (the Now, these education budget cuts not get the job done. FY 1996 Budget Resolution) states flatly, ‘‘In have not been directed at Washington In summary, as the tables will show the area of education, the House assumes the termination of the Department of Edu- bureaucrats as some Republicans have in the remarks that I am making to- cation.’’ tried to argue but mainly at programs night, the House Republican candidates That FY96 Budget Resolution not only pro- that send money directly to local now shout loudly that they can be posed the adoption of legislation to termi- school districts to hire teachers and trusted to support education, but their nate the Department organizationally, but

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8609 put in place a spending plan to eliminate House Leadership hard-headedness and that lican Leaders never brought it to the House funding for a major portion of the Depart- led to the eventual signing of the Conference floor. After weeks of pressure from House ment’s activities and programs in hopes of Agreement on Labor-HHS-Education funding Democrats they ordered a separate bill that partially achieving the goal of elimination as part of an omnibus appropriations pack- had been agreed to with Senate Republican even if the President refused to sign a formal age on April 26 of 1996, more than halfway Leaders to be brought to the House floor. termination for the Department. The Con- through the fiscal year. That action came The bill contained significantly more edu- ference Agreement adopted on June 29, 1995 after 9 continuing resolutions and those two cation funding than the original House bill proposed cuts in funding for Function 500, government shutdowns. That agreement re- but still cut the President’s request for class the area of the budget containing all federal stored about half of the cuts below prior year size reduction by $200 million, after-school education programs or $17.6 billion or 34% funding that had been pushed through by the programs by $300 million, title I by almost below the amount needed to keep even with Republican Majority, raising the original $200 million and teacher quality programs by inflation over the six-year period starting in House Republican figure of $20.8 billion for $35 million. The bill was opposed by the Com- Fiscal 1996. The House passed Resolution had education to $22.8 billion. mittee for Education Funding which rep- proposed even larger cuts. Every House Re- Later in 1996 the Republican House Caucus resents 97 national organizations interested publican except one voted for both the House organized another attempt to cut education in education including parent and teacher Resolution and the Conference Report. (See funding below prior year levels in the fiscal groups, school boards, and school adminis- Roll Calls #345 and 458 for the 104th Congress, 1997 Labor-HHS-Education bill. On July 12, trators. It was adopted by a vote of 218 to 211 1st session—CONGRESSIONAL RECORD, May 18, 1996 the House adopted the bill with Repub- with House Republicans voting 214 to 7 in 1995, page H5309 and June 29, 1995, page H6594) licans voting 209 to 22 in favor or passage favor. (See Roll Call 549, CONGRESSIONAL That Budget Resolution established a (See Roll Call #313, CONGRESSIONAL RECORD, RECORD, October 28, 1999, page H11120) It was framework for passage of the 13 appropria- July 11, 1996, page H7373.) The bill cut Edu- also promptly vetoed by the President. After tion bills. The Labor-HHS-Education appro- cation by $54 million below the levels agreed further negotiations, they agreed on Novem- priations bill, which contains the vast ma- to for fiscal 1996 and $2.8 billion below the ber 18th to add nearly $700 million more, jority of funds that go to local school dis- President’s request. During the debate on which we were requesting to educational pro- tricts, was the hardest hit by that resolu- that bill Republicans also voted (227–2) to grams. tion. The Fiscal 1996 appropriations bill for kill an amendment specifically aimed at re- This year the President proposed a $4.5 bil- labor, health, and education was adopted by storing $1.2 billion in education funding (See lion increase for education programs in the the House on August 4th 1995. It slashed Roll Call #303, CONGESSIONAL RECORD, July FY2001 budget. The bill reported by House funding from the $25 billion level that had 11, 1996, page H7330). Republicans cut the President’s request by been originally approved for the Department As the fall and election of 1996 began to ap- $2.9 billion. Cuts below the request included in fiscal 1995 to $20.8 billion for the coming proach, the Republican commitment to cut $400 million from Title I, $400 million from year. This $4.2 billion or 17% cut below prior education began to be overshadowed by their after school programs, $1 billion for improv- year levels was even larger when inflation desire to adjourn Congress and go home to ing teacher quality and $1.3 billion for repair was considered and was passed in the face of campaign. As a result, the President and of dilapidated school buildings. It was adopt- information indicating that total school en- Democrats in Congress forced them to accept ed by a vote of 217–214 with House Repub- rollment in the United States was increasing an education package that was more than licans voting 213 to 7 in favor. (See Roll Call by about three quarters of a million students $3.6 billion above House passed levels. #273, CONGRESSIONAL RECORD, June 14, 2000, a year. The programs affected by these cuts 1997 brought a one-year respite from Re- page H4436) included Title I for disadvantaged children publican efforts to squeeze education. For When the FY2001 Labor-HHS-Education (reduced by $1.1 billion below the prior year,) one year, a welcome bipartisan approach was bill was sent to conference a motion to in- teacher training, (reduced by $251 million,) followed and the appropriation that passed struct Conferees to go to the higher Senate vocational education (reduced by $273 mil- the House and the final conference agree- levels for education and other programs was lion,) Safe and Drug Free Schools (reduced ment were extremely close to the amounts offered. It also instructed conferees to per- by $241,) and Goals 2000 to raise student per- requested by the President and the Depart- mit language insuring that funds provided or formance (reduced by $361 million). Repub- ment of Education. reducing class size and repairing school licans voted in favor of the bill, 213 to 18. Conflict between the two parties over edu- buildings was used for those purposes. It was (See Roll Call #626 for the 104th Congress, 1st cation funding erupted again in 1998 when defeated 207 to 212 with Republicans voting session—CONGRESSIONAL RECORD, August 4, the President requested $31.2 billion for the 208 to 4 in opposition. (See Roll Call 415, CON- 1995, page H8420) The bill was opposed by vir- Department for fiscal 1999. In July, the GRESSIONAL RECORD, July 19, 2000, page tually every national organization rep- House Appropriations Committee reported H6563) resenting parents, teachers, school adminis- on a party line vote a Labor-HHS-Education In summary, the record clearly shows that trators, and local school boards. bill that cut the President’s education budg- over the past six years House Republicans The Republican Leadership of the House et by more than $660 million. But the bill re- set the elimination of the Department of was so determined to force the President to mained in legislative limbo until after the Education as a primary goal. Failing that, sign that legislation and other similar appro- beginning of the next fiscal year. Then on they attempted to reduce education funding priations that they were willing to see the October 2, 1998 Republicans voted with only to the maximum extent possible. In every government shut down twice to, in the words six dissenting votes to bring the bill to the year since they have had control of the of one Republican Leader, ‘‘force the Presi- floor. (See Roll Call #476, CONGRESSIONAL House of Representatives they have at- dent to his knees.’’ Speaker Gingrich said, RECORD, October 2, 1998, page H9314). The tempted to cut the President’s request for ‘‘On October 1, if we don’t appropriate, there leadership then reversed itself on its desire education funding. Appropriations bills is no money. . . You can veto whatever you to call up the bill and refused to bring it to passed by House Republicans would have cut want to. But as of October 1, there is no gov- the floor. The House Republican Leadership a total of $14.6 million from presidential re- ernment. . . We’re going to go over the lib- finally grudgingly agreed to negotiate higher quest for education funding. In three of the eral Democratic part of the government and levels for education so they could return six years that they have controlled the then say to them: ‘We could last 60 days, 90 home and campaign. The White House and House, they have actually attempted to cut days, 120 days, five years, a century.’ There’s Democrats in Congress were able to force education funding below prior year levels de- a lot of stuff we don’t care if it’s ever fund- them to accept a funding level for education spite steady increases in school enrollment ed.’’ (Rocky Mountain News, June 3, 1995) It that was $2.6 billion above the House bill. and the annual increase in costs to local is clear that the Labor-HHS-Education bill, Last year, in 1999, House Republican Lead- school districts of proving quality class room and education funding in particular, was at ers again directed their Appropriators to re- instruction. the heart of the controversy that resulted in port a Labor-HHS-Education Appropriation The education budget cuts have not been those government shutdowns. Cutting edu- bill that cut education spending below the directed at Washington bureaucrats as some cation was an issue that Republicans felt so President’s request and below the level of Republicans have tried to argue but mainly strongly about that they literally were will- the prior year. The FY2000 bill reported by at programs that send money directly to ing to see the government shut down in an the Appropriations Committee on a straight local school districts to hire teachers and attempt to achieve this goal. Speaker Ging- party line vote funded education programs at improve curriculum. Programs such as Title rich said, ‘‘I don’t care what the price is. I nearly $200 million below the FY 1999 level. I, After School, Safe and Drug Free Schools, don’t care if we have no executive offices, The bill was almost $1.4 billion below the Class Size Reduction, and Educational Tech- and no bonds for 60 days—not this time.’’ President’s request. Included in the cuts nology Assistance all send well over 95% of (Washington Post, September 22, 1995) House below requested levels were reductions in their funds directly to local school districts. Republican Whip Tom DeLay said, ‘‘We are Title I grants to local school districts for While zealots in the Republican Conference going to fund only those programs we want education of disadvantaged students ($264 drove much of this agenda it is clear that to fund. . . We’re in charge. We don’t have million,) after school programs ($300 mil- they could not have succeeded without the to negotiate with the Senate; we don’t have lion,) education reform and accountability repeated assistance from dozens of Repub- to negotiate with the Democrats.’’ (Balti- efforts ($491 million) and improvement of licans moderates who attempt to portray more Sun, January 8, 1996) educational technology resources ($301 mil- themselves as friends of education. When the government shut down, the pub- lion.) Because inadequate funding threatened The one redeeming aspect of the Repub- lic reacted strongly against Republican their ability to pass the bill, House Repub- lican record on education over the last six

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8610 CONGRESSIONAL RECORD — HOUSE October 2, 2000 years is that in most years they failed to DEPARTMENT OF EDUCATION—EDUCATION FUNDING rities. They have spent a lot of hard achieve the cuts that they spent most of RESTORED BY DEMOCRATS years to represent the United States. each year fighting to impose. When a coali- [Millions of dollars] But what I saw over the weekend dis- tion between the Democrats in Congress and mayed me, and I want to be very spe- the President made it clear that the bills House Conf Res- Percent cific about it, because it applies only to containing these cuts would be vetoed and agree- in- level ment toration crease maybe four, maybe five at least, not that the Republicans by themselves could the whole bunch. But, unfortunately, it not override the vetoes, legislation that was FY 95 Rescission ...... 23,440 24,497 1,057 5 far more favorable to education was finally FY 96 Labor-HHS-Education ...... 20,797 22,810 2,013 10 kind of casts a shadow over all of our FY 97 Labor-HHS-Education ...... 22,756 26,324 3,568 16 U.S. Olympic athletes, and that is adopted. For Republican members to at- FY 98 Labor-HHS-Education ...... 29,331 29,741 410 1 tempt to take credit for that fact is in effect FY 99 Labor-HHS-Education ...... 30,523 33,149 2,626 9 those Olympic athletes representing bragging on their own political ineptitude. FY 00 Labor-HHS-Education ...... 33,321 35,703 2,382 7 the United States who thought it was FY 01 Labor-HHS-Education ...... 37,142 40,751 3,609 10 The question concerned Americans must ask kind of entertaining to show a lack of is: What will happen if the Republican find a Total FY95 to FY01 ...... 197,310 212,975 15,665 8 respect as they were receiving their future opportunity to deliver on their six- Discretionary Funding, Minority Staff, House Appropriations Committee. medals and the Star Spangled Banner year agenda? They may eventually become f was played. more skillful in their efforts. They may at Perhaps it would be good for my col- some point have a larger majority in one or NIGHTSIDE CHAT leagues to continue to remind our con- both Houses or they may serve under a Presi- dent that will be more amenable to their The SPEAKER pro tempore (Mr. stituents just exactly what that song, agenda. All of these prospects should be very HAYWORTH). Under the Speaker’s an- the Star Spangled Banner, our Na- troubling to those who feel that local school nounced policy of January 6, 1999, the tional anthem, what it means and districts can not do the job that the country gentleman from Colorado (Mr. where it came from and what it rep- needs without great assistance from the fed- MCINNIS) is recognized for 60 minutes. resents. eral government. OVERVIEW OF SPEECH Look, this is not some song by This is not an issue of local versus federal Mr. MCINNIS. Mr. Speaker, good Metallica out there or some other control. Almost 93% of the money spent for evening. It is time for another group that is used for entertainment. elementary and secondary education at the nightside chat. This was a song that was written on local level is spent in accordance with the This evening I want to cover a couple sacrifice. This was a song written with wishes of state and local governments. But of areas with my colleagues here. First the idea of patriotism. This was a song there are national implications to failing of all, a couple comments about the that was written in recognition of the schools in any part of the country. The fed- Olympics, and then I would like to many Americans who fought to pre- eral government has an obligation to try to move on. serve this country. They did not fight help disseminate information about what I had a discussion last week and in in Olympic games, they did not fight does and does not work in educating chil- on a relay team to get the gold medal, dren, and it has an obligation to respond to fact over the weekend I talked with a good close friend of mine, his name is they fought on a battlefield, and a lot critical needs by defining and focusing on na- of them gave their lives. tional priorities. And that is what the other Al, and we discussed a little about the situation with Wen Ho Lee, who is the I will tell you, to every veteran in 7% of educational funding in this country this country, in fact, to every citizen does. Education is indeed primarily a local spy, or the fellow who was accused of responsibility, but it must be a top priority spying, but the gentleman in New Mex- in this country, those athletes, who in at all levels—federal, state, and local—or we ico, and I kind of need to retract my my opinion embarrassed the United will not get the job done. words there, I will not exactly call him States of America with their behavior, a ‘‘gentleman’’ from my point of view, owe an apology to every citizen in this The House Republican candidates now country, and they especially owe an shout loudly that they can be trusted to sup- you will see. I think the facts are going apology to those veterans who really port education, but their record over the six to be very interesting. years speaks louder than their words. Their Last week, as my friend Al and I dis- went out and fought the wars, who record shows that in three of the last six cussed, I laid out what I thought was a really have represented this country years, House Republicans tried to cut edu- very strong case that makes it very since its conception. Mr. Speaker, we all have an obliga- cation $5.5 billion below previous levels and clear that this fellow in New Mexico, tion, whether the moment is an excit- $14.6 billion presidential requests. It shows who has been accused of a crime, and, ing moment or whether the moment is that the more than $15.6 billion that has by the way, who is a convicted felon, in at a funeral, or whether the moment is been restored came only after Democrats in fact is not a hero. He is not a martyr. at the beginning of a basketball game Congress and in the White House demanded He is not somebody who has been vic- restoration. That is the record that must be or a football game, we have an obliga- timized. He is not a victim of racial understood by those concerned about edu- tion to citizens of this country to re- cation’s future. profiling. He is not a victim of the race spect the history of the Star Spangled card. I want to discuss that case in a Banner. DEPARTMENT OF EDUCATION—GOP EDUCATION little more depth, in fact in a great While we do not stand there and re- APPROPRIATION CUTS COMPARED TO PREVIOUS YEAR deal of depth tonight. So I am looking cite the history of the Star Spangled [Millions of dollars] forward to that discussion. Banner, we as Americans have that DISRESPECT SHOWN BY AMERICAN OLYMPIC song to kind of be a symbol to the Prior House House ATHLETES year level cut world, and even as a reminder to our- First of all, let us talk about the selves, about what this great country FY 95 Rescission ...... 25,074 23,440 ¥1,635 Olympics. That is an exciting event. FY 96 Labor-HHS-Education ...... 25,074 20,797 ¥4,277 is all about and to see that some of our FY 97 Labor-HHS-Education ...... 22,810 22,756 ¥54 All of us had an opportunity, I am sure, outstanding young people in this coun- FY 00 Labor-HHS-Education ...... 33,520 33,321 ¥199 to watch the events, and we are very try who have been given the privilege, Discretionary Funding, Minority Staff, House Appropriations Committee. proud of our athletes and the sports and, by the way, it is not in reverse, it people that we send over to participate is not what the country could do, so-to- DEPARTMENT OF EDUCATION—GOP EDUCATION CUTS in these events and the medals. I mean, speak, for those athletes, it is what BELOW PRESIDENT’S REQUEST of course, in the West we are abso- those athletes can do to represent our [Millions of dollars] lutely thrilled about the wrestler out country, and they do not represent our of Wyoming who beat that Russian country when they stand there and House Percent wrestler. To me, that was probably the Request level House cut cut make the kind of mockery or the kind highlight of the Olympics. of little professional side show they FY 96 Labor-HHS-Education 25,804 20,797 ¥5,007 ¥19 But let me say, first of all, I consider FY 97 Labor-HHS-Education 25,561 22,756 ¥2,805 ¥11 thought was entertaining for the cam- FY 98 Labor-HHS-Education 29,522 29,331 ¥191 ¥1 our athletes obviously very, very capa- eras. FY 99 Labor-HHS-Education 31,185 30,523 ¥662 ¥2 ble young people who I am proud to I hope those individuals out there FY 00 Labor-HHS-Education 34,712 33,321 ¥1,391 ¥4 FY 01 Labor-HHS-Education 40,095 37,142 ¥2,953 ¥7 have represent the United States, in who give sponsorships and commercial most cases. These athletes, in my opin- contracts keep in mind what these par- Total FY96 to FY01 ..... 186,879 173,870 ¥13,009 ¥7 ion, while I would not call them heroes, ticular individuals did, how they em- Discretionary Funding, Minority Staff, House Appropriations Committee. you certainly would call them celeb- barrassed, in my opinion, the rest of

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8611 the Olympic team, and how they em- If your client did not do it, you focus the facts of this case, this is kind of barrassed our country, and, most of all, your case on the basis of the facts; my like one of those new detective shows how they embarrassed the heritage of client did not do it. on TV or some kind of criminal mys- this country there during our National If you do not have those facts on be- tery. Let us try and solve the mystery. anthem. half of your client, then what you try Let us look at the basic question: Who We have every right to be proud. Boy, and do is you try and attack the pros- is the victim? That is what we want to one does not have to go very far on our ecution’s witnesses. So you try and di- determine tonight, because we have streets to find people who would tell vert attention away from the fact that seen this massive effort, and, frankly, you just how proud they are of this maybe your client did it, and you try it is amazing to me, the national publi- country, what kind of opportunity this and attack the credibility of the people cations that have adopted the public country offered. I am sorry to say that who saw him do it or otherwise would relations effort of these defense attor- we saw that on national TV. In fact, testify to some type of circumstantial neys to point Wen Ho Lee as the vic- the entire world saw it on TV, and it evidence that this individual is guilty tim, instead of the United States of did nothing at all, it did nothing at all, of the crime alleged. America and its citizens. to exemplify the fine athletes that we If you cannot defend your client on b 2145 had over there representing our coun- the facts, and if you are not too suc- try. I think it is very unfortunate that cessful attacking the credibility and That is the question we are going to ask tonight. Who is the victim? Is it that is what occurred. the character of the prosecution, then Wen Ho Lee, or is it the United States THE WEN HO LEE CASE: WHO IS THE VICTIM? you adopt what seems to be the most of America? That is the question we Let me completely shift gears. Over popular item of defense for the last 20 years, your client is a victim. Oh, my want to look at this evening. the last several weeks I have about had By the way, if my colleagues see my client, I know he went out and robbed it with what I am reading in some of quote marks, this is testimony taken a bank, but he was victimized; he had the national media on a public rela- from the hearing that was given over tions campaign put forward, in my an abused childhood; or, you know, the in the Senate side; however, it is im- opinion, by some defense attorneys on police did not treat him right. Any- portant to keep in mind that this is an individual named Wen Ho Lee. thing you can use as a defense attorney not an ordinary criminal matter. How- As you may recall, Wen Ho Lee was to make your client seem like a victim ever, it is important to keep in mind the fellow who was arrested and held being picked on by society or being that this is not an ordinary criminal by the FBI on 59 counts involving some picked on by the FBI or being picked matter. It never was. This is a national of the highest, most sensitive secrets on by the cops or being picked on by security matter of paramount impor- this Nation has ever held, that is the his parents, or et cetera, et cetera, et tance. secrets on our thermo-nuclear weap- cetera. You get the idea. You know This is a national security matter of ons. where I am going. paramount importance. At least seven I used to practice law, and I learned Well, what we have seen in the last and possibly 14 or more tapes con- a long time ago, although I did not do several weeks is a massive public rela- taining vast amounts of our Nation’s criminal law, I was acquainted with tions effort on an individual named nuclear secrets remain unaccounted criminal law. I used to be a police offi- Wen Ho Lee, trying to play this indi- for. This is not rhetoric. It is simple cer, and there are a couple of things I vidual as a victim; trying to divert at- frightening fact. want to point out at the beginning of tention away from what this individual Mr. Speaker, let us all go back, kind my comments about observations I did. of place ourselves in the laboratory in made when I was a police officer and Some of the facts or defenses they New Mexico. Let us get kind of an out- when I practiced law. are using for Wen Ho Lee are almost lay of what that laboratory does. This Let me start, first of all, when I was laughable. One, well, he was just re- is one of the most highly classified top a police officer. When I was an officer sume building. He wanted to build his secret locations for the United States. and I would arrive at the scene of an resume, so he wanted to accumulate a We have two labs that have this kind of accident, a lot of people would have a library of the most sensitive thermo- classification. This lab in New Mexico lot of different stories. What I learned nuclear secrets ever held in the history contains within its computers not only time and time and time again as a po- of the world. He just wanted to have a the research, but the elements to put lice officer is what you see when you resume. He said, I have a library with together thermonuclear weapons. first get there a lot of times is not real- that. This lab contains the elements so ly what you come up with after you Two, this was just a coincidence. It that you could compose and construct have been there for a while. So what was really accidental. He did not in- a weapon, the only real weapon known seems obvious to you when you pull up tend to copy over 400,000 pages of the to mankind that one military could use to the scene of an incident is often- most sensitive thermo-nuclear mate- against the military of the United times not as obvious as you thought it rial ever held by any person in the his- States of America and successfully en- was. tory of mankind. It was just an acci- gage it and successfully destroy it. In In other words, you may pull up to dent that he happened to get his hands other words, I cannot overstress the the scene of an accident and you may on that and started transferring it sensitivity of the material that is con- say, well, this is easy; that car crossed around. tained within those laboratory walls over that line and hit that car, so it is One of the other defenses that in down there in New Mexico, nor can I driver A’s fault, because driver A hit B some cases have some merit and have overstress the responsibility, the high going the wrong way in the traffic. You some bearing is the race card. When respect of these individuals who are may find out after further investiga- you take a look the facts as I am going given the utmost trust by the citizens tion that in fact driver B was in the to present them to you, the other side of the United States of America to wrong lane of traffic, spun out of con- of the story, you are going to find, I work in that laboratory. trol, had a collision, and the vehicles, think, as I find, forget the race card. These citizens, they know exactly by momentum, put themselves into the Throw that one out. This is not a race what they are dealing with. These sci- position that they were in. Point num- case. This case is based on hard, entists, these experts, these profes- ber one. verifiable evidence. This case is based sionals, and every one of them is a pro- Point number two that I think is im- on the fact that the party is a con- fessional. They know it. Of all 250 mil- portant, that I learned in the practice victed felon. This case is based on the lion or 300 million people in the United of law, is that defense attorneys really fact that the secrets were found in his States and of all the hundreds of mil- have a few standards by which to de- custody. lions of people in the world, they alone fend their client. The easiest way to So I want to present, and I think the down there have their hands on what is defend your client who has been ac- first thing is at the beginning of my considered the most destructive weap- cused of a crime is the facts. If the discussion that we ask the question, ons in the history of mankind. facts are on your side, obviously the and this is what I ask you to think They alone down there, while they easiest fact is your client did not do it. about this evening when I go through are in that laboratory, many of them

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8612 CONGRESSIONAL RECORD — HOUSE October 2, 2000 have access that is entrusted to no 400,000 pages of thermonuclear weapons weapons, including our most successful other citizens in the United States out- from a classified position to a non- modern warheads. side of a handful, like the President of classified position, from a nonclassified The data files included nuclear bomb the United States, certain Members of position to the computer at his desk. testing protocol, nuclear weapons Congress, certain Members of the Sen- I will walk through those steps, and bomb test problems, information re- ate and so on and so forth. In other we will see why it takes a methodical lated to physical and radioactive prop- words, what we are dealing with is our and well thought out process to com- erties. And the source codes included entire design plan of our thermo- plete what Wen Ho Lee did to do what data used for determination by simula- nuclear weapons. This is not what you he did. Let us go on. It is not a simple tion the validity of nuclear weapon de- call a missile-light or a criminal-light task for Wen Ho Lee to move files from signs. So the information that Wen Ho matter. the closed to the open system. The CFS Lee worked with on his computer, he During my career, I am not sure in tracking system reveals that Wen Ho knew, he knew how secret that infor- my career of Congress I have ever wit- Lee spent hours unsuccessfully trying mation was. He knew exactly what nessed a crime that I think is more of to move the classified files into unclas- keys that information provided for a threat to the national security of the sified space; eventually, Wen Ho Lee somebody who wanted to get their United States but also a threat to the worked his way around what was de- hands on it to build their own nuclear entire world. I want to point to my col- signed to be a cumbersome process. arsenal. Yet, he continued over a pe- leagues I am not sure I have ever wit- In other words, here is what is going riod of time, and I am going to show us nessed a more clever defense design to on. The computer with the thermo- some of the interesting facts about take an individual who the facts will nuclear secrets accounts is here, and that period of time. He went over a pe- reveal intentionally and very methodi- contained within that computer are riod of time and continued to declas- cally transferred these nuclear secrets. documents which are an entire library sify top secret material for the sole It is amazing to me that that kind of on thermonuclear weapons; and when I purpose of transferring it out of that individual can get the kind of spin by say our entire library, it is the re- computer into his own computer and our national media to play this situa- search. It is the construction. It is the copying it into his own personal li- tion into pointing it out like he is the impact, et cetera, et cetera, et cetera. brary, which now he has. We do not victim, like somehow he innocently In order for one to move a document know where those documents are. transferred these; that, in fact, all he from this top secret computer, you Before we go further, let me point was trying to do was build up his re- have to declassify it, because if the out that it has been very easy to criti- sume. document is classified top secret, you cize the Federal Bureau of Investiga- He thought it would be impressive to cannot move it from that computer to tion. They were the lead investigator have a library of the world’s most sen- a nonclassified computer. So the first here. The Department of Justice, Janet sitive thermonuclear weapons. Let us step that you need to take is you need Reno, as I said, in fact, in my discus- go through some of the facts. Wen Ho to take these documents that are clas- sions with AL this weekend, my con- Lee worked for the X Division at the sified top secret, and you need to de- stituent that I visited with, in my dis- Los Alamos National Laboratory. The classify them to a declassified docu- cussions, he reminded me of how crit- X Division, and that is important to re- ment. And what this is saying right ical I had been of the Federal Bureau of member, this is the top secret division, here is that in order to do that, we Investigation with Ruby Ridge. the X Division is responsible for the re- wanted to make sure we had a fail-safe I think Ruby Ridge and the conduct search, design and development of ther- system. In a fail-safe system, we want- by the Federal Bureau of Investigation monuclear weapons; and it requires the ed to make the process very cum- was a shame. I think it was shameful. highest level of security of any division bersome. In other words, it took a lot They know it was shameful. I think it at Los Alamos. of study; it took a lot of processes to was unfortunate that some of the peo- This week I intend to go into even get through it. ple who were involved with the FBI more depth in this case with the gen- It had several what you might call who did wrong ended up with pro- tleman from Georgia (Mr. BARR), who barriers built into the computer pro- motions. used to be, by the way, a U.S. Attor- gramming, so that you could not auto- I have had disagreements with Janet ney. He is an expert I think in prosecu- matically or by accident hit a button Reno, the Attorney General. Although tion, and it will be interesting to have and classify a document from classified I am an ex-police officer, I am not com- his comments in regards to the Los Al- to nonclassified or from secret to non- ing in here with a bias in favor of the amos lab and what level we can con- secret. FBI. I am not coming in here with a sider this breach of security. So when Wen Ho Lee went through basis in favor of Janet Reno. I am com- The X Division scientists, and that is this, it took him hours to figure out ing in here, I believe, well studied in what Wen Ho Lee was, he is an X Divi- the system, how do I move it from clas- the facts; and I am telling my col- sion scientist. Now the scientist most sified to nonclassified. He studied it leagues do not let them divert Wen Ho familiar with the downloaded informa- and eventually he mastered it. And Lee’s activity and his behavior by put- tion would have testified that Wen Ho that is what he did. He first moved it ting the blame on Louis Freeh, the di- Lee took every, not some, not a little from the top secret computer, changed rector of the Federal Bureau of Inves- here, not a little there, every signifi- the classification of the documents; tigation. Do not let them divert from cant piece of information to which a then moved the documents to his other the facts what Wen Ho Lee did by nuclear designer would want access. It computer at his desk, because they can bringing Janet Reno into the equation gets worse. move his unclassified documents and and saying for some reason she mis- Before Wen Ho Lee created these put them on to his personal computer behaved. tapes, only two sites in the world held and who knows where those secrets are The facts are clear in this case. I am this complete design portfolio, the se- today. Although, there are many sus- going to present some more to you. cure computer inside the highest secu- picions of where those secrets are Let us go on further. It is critical to rity division at Los Alamos and the se- today. understand it; and I think this is so im- cure computer system inside the high- Let us go on. Wen Ho Lee worked to portant, so important, for us to pay at- est security division in another one of command the computer to declassify tention to. It is so critical to under- our national laboratories. Now, this is the files when he was well aware that stand that Wen Ho Lee’s conduct was what one of the defenses they are using the files contained some of the most not inadvertent. It was not careless, is that, look, accidents happen, poor sensitive information at Los Alamos, and it was not innocent. Over a period Wen Ho Lee was in there working on and this process over here just kind of of years, Lee used an elaborate scheme his computer. He was a computer buff, tells us what was necessary. First, you to move the equivalent of 400,000 pages kind of a computer geek; and as he is had to have an input deck, file infor- of extremely sensitive nuclear weapons working it by accident he happens to mation. Now this information was a files from a secure part of the Los Ala- transfer a couple hundred thousand blueprint of the exact dimensions and mos computer system to an unclassi- pages, pretty soon 300,000, pretty soon the geometry of the Nation’s nuclear fied, unsecure part of the system,

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8613 which could be accessed from outside some reports, there is nothing minor or what he thought was the extent of the of Los Alamos, indeed, from anywhere insignificant about that crime. The re- material that Wen Ho Lee transferred. in the world. stricted data that Wen Ho Lee Please, please, Mr. Speaker, I ask my In fact, at one point Lee attempted downloaded into 10 portable computer colleagues to listen very carefully to to access that from overseas. He could tapes included, and keep this in mind, this. not quite get the connection down, so it included the electronic blueprint of ‘‘These codes and their associated he contacted the computer help sys- the exact dimensions and geometry of databases and the input file, combined tem, which had a tracer on it, and in this Nation’s nuclear weapons. with someone that knew how to use asking for help on the computer, how These are just some of the steps that them, could, in my opinion, in the do I do this, I am not being successful are required to access, for him to go in wrong hands, change the global stra- in transferring in this country, I be- there. tegic balance.’’ lieve he was over in Taiwan. First of all, he has to log into a se- In other words, if these get into the In order to achieve his ends, Wen Ho cure computer system by entering a wrong hands, and we know they are out Lee had to override default mecha- password, and not only enter a pass- there now, we know that the secrecy nisms that were designed to prevent word, you have to put a Z number in has been broken by Wen Ho Lee, that any accidental or inadvertent move- behind it. Then you have to access data in betrayal to his country he has cop- ment of these files. His downloading in red partition, then type save, then ied those and moved those out into process consumed approximately 40 you go CL–LU, classified level included that world, and that if somebody gets hours of 70 different days. Do not let unclassified. So look at the steps we al- those who knows what they are doing, people tell you he did it by accident. ready have so far. it could change the global strategic There are default mechanisms built Then you have to access C machine balance. into this computer program. You have and type commands to download parti- ‘‘They enable the possessor to design to go around it. You have to go under tion from secure partition to open Rho the only objects,’’ ‘‘They enable the it. You have to go above it. You have machine. Then you have to access that possessor to design the only objects to go sideways. machine. Then you have to log into a that could result in the military defeat There are a lot of computer safe- colleague’s computer outside of the x of America’s conventional weapons;’’ guards placed in there, so somebody division. Then you have to access the the only threat, for example, to our who is handling this sensitive material open directory and copy the files. carrier battle groups. ‘‘They represent cannot inadvertently send it to a com- My point in all of that is that there the gravest possible security risk to the United States,’’ what the President puter system where it can be accessed were numerous steps that Wen Ho Lee and most other presidents have de- around the world. His behavior was not took to obtain from all of us, from all scribed as the supreme national inter- inadvertent. It was not careless, and it of the citizens of the United States, to est of the United States. was not innocent. obtain our highest secrets, in derelic- tion, not only dereliction of his duty, Look at that sentence, Mr. Speaker. Let us go on. Nor was this all. Wen Just look at that. ‘‘They represent the Ho Lee carefully and methodically re- that is too light, but in my sense, a be- trayal. I do not think I am using too gravest possible security risk to the moved classification markings from United States.’’ They represent the documents. strong a word. Anybody that would go in with those gravest possible security risk to our b 2200 kinds of secrets, with those kinds of country, to our constituents. In fact, if He attempted repeatedly to enter se- weapons, and would intentionally it is a security risk to the United States, it is a security risk to our cure areas of Los Alamos after his ac- transfer the information of those weap- friends throughout the world. cess had been revoked, including one ons so that it can be accessed else- One individual, one individual, has attempt at 3:30 in the morning on where, and we do not know where most Christmas Eve. done this much damage. Yet, our na- of those tapes are, by the way, Mr. Lee tional media, some of our media, por- Think about that, how many people has not cooperated, he has not told us would attempt to get into a top secret trays him as a picked-upon victim. where those are the tapes are, tell me Some of our national media decides to part of a lab at 3:30 in the morning on that is not a betrayal in the highest focus on the FBI or on Janet Reno and Christmas Eve; in the morning, a.m., form. I think it is. I think it is dis- kind of shove it aside, just brush it 3:30 a.m. on Christmas Eve? Oh, what a graceful. aside, as if it is a minor traffic ticket, coincidence, he just happened to stum- Let us go through this. Make no mis- what Wen Ho Lee has done to this ble down to the top secret portion of take about the scope of this offense and country? Where is the justice here? the lab and try to gain access through the danger that it presents to our Na- Now, some will say, okay, you made a starewell. tion’s security. Make no mistake about some pretty strong statements, Con- He deleted files in an attempt to the scope of this offense and the danger gressman. Really, what do you have to cover his tracks before he was caught. it presents to our society. point out? Show us a little more detail. As soon as he found out the FBI was on As an expert from Los Alamos testi- Let me give kind of a chronological him, as soon as he failed a lie detector fied in this case, the material that was chart. I think at the end of this chart test, as soon as he figured out that the downloaded and copied by Wen Ho Lee Members will be very amazed, very in- computer was tracking him, he began represented the complete nuclear terested in the innocence of Wen Ho immediately to delete files. He tried to weapons design capability of Los Ala- Lee. cover his tracks, not by an accidental mos at that time, approximately 50 A chronological events or a calendar push of the button, of the keyboard, years of nuclear development. of events between December 23, 1998, but by an intentional, well-designed Mr. Speaker, for those who have been and February 10, 1999. Let us take a method to delete not only his current kind of coming in and out, following look at these. This is on December files, but delete any record of those me a little here and there, this will 23rd, 1998, on Wednesday. files ever being made at all. bring Members entirely up to speed, At 2:18, they completed the poly- Wen Ho Lee created his own secret, this one paragraph. And make no mis- graph of Wen Ho Lee. At 5 o’clock, ap- portable electronic library of this Na- take about it, the scope of this offense proximately 5 o’clock, Wen Ho Lee is tion’s nuclear weapons secrets. So first and the danger it presents to our Na- advised that his access to the secure he took them out of the top secret tion’s security, as an expert from Los areas of the X division, remembering computer, moves them to a nonclassi- Alamos testified in this case, the mate- that the X division is the top secret fied computer, where he can then ac- rial downloaded and copied by Wen Ho area, and to both his secure and open X cess them from his own computer. In Lee represented the complete nuclear division computer accounts has been fact, anyone in the world could access weapons design capability of Los Ala- suspended. those secrets. mos at that time, approximately 50 So about 5 o’clock they told Wen Ho He stood before a Federal court years of nuclear development. Lee, ‘‘Your privileges, your permission, judge, admitted his wrongdoing, and They had an expert come in and tes- your ability to go into any of these se- pleaded guilty to a felony. Contrary to tify, a Dr. Younger, and tell us exactly cret areas is hereby suspended.’’ So

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8614 CONGRESSIONAL RECORD — HOUSE October 2, 2000 there should be no question that Wen They arrange to have the polygraph. noted that they said Wen Ho Lee was Ho Lee knew that he was attempting Shortly after he arranges to have an- taken like a prisoner of war in some to get into areas he was not supposed other polygraph with the FBI, he once Third World country and he was iso- to be into, that he was specifically pro- again attempts through the south door lated, put in shackles. He was not al- hibited from entering. to enter into the access of the X divi- lowed to see people. He was abused. At 9:36 that night, and by the way, sion. Even the President of the United way past his shift, Lee makes four at- On February 9, Lee deletes approxi- States, in a comment of his policy, tempts to enter the secure area of X di- mately 93 computer files. The FBI questioned whether or not, is this guy vision through a stairwell, up through interviews him at 1 o’clock that day a victim? Come on. stairwell number 2, and makes four at- and they obtain his permission to un- b 2015 tempts to get into the secure area. dergo a polygraph. At 9:03 that night he Let us take a look at his imprison- At 9:39, approximately 3 minutes is back again at the lab and once again ment. I got this out. We would like to later, he tries another access point he is trying to access through the emphasize, we sought to be responsive through the south elevator and at- south door. to complaints brought to our attention tempts to enter the secure area. On February 10, he undergoes the by Wen Ho Lee’s attorneys concerning On December 24, at 3:31 in the morn- polygraph. Immediately after the poly- the conditions of his confinement. I ing, he is back again, once again graph, he deletes 310 computer files. want to go ahead and get this out. This through the south stairwell number 2, Once again later that evening he at- is not an issue. Let us just look at it which by the way, as you know, Christ- tempts to enter the secure area of the and throw it out. mas Eve, he attempts to enter the se- X division through the south door. For example, we arranged a Man- cure area of the X division. Mr. Speaker, these are hard facts. It darin language speaking FBI agent to On January 4, on Monday at 9:42, Lee is simple to figure out what is going on be present so Wen Ho Lee could speak succeeds in having his open computer here. It would be an injustice to our to his family in that language. Simi- account reactivated, and deletes three citizens, it would be an injustice to the larly, we made special food arrange- computer files. national security of our country, it ments for Wen Ho Lee. We arranged for On January 12, 1999, he deletes one would be an injustice to the global exercise on weekends, and we built at computer file. strategic balance of this world, to just significant government expense a spe- On January 17, 1999, between 1 and 5, look the other way and dismiss this as cial secure facility in the courthouse they interview Lee at his residence. a minor altercation by a scientist who where he could consult with his law- The very next day Lee, in an attempt wants to build his resume. yers and where, in fact, he spent up to to cover his tracks, deletes 47 computer There is a lot to look at here. For 6 hours per day on over 90 days of his files. The following day Lee goes to the gosh sakes, do not take for granted incarceration. In numerous respects, computer desk and asks for help, why what this individual was attempting to then, Wen Ho Lee was treated better he is not able to successfully delete do. Do not ignore the fact, despite the than others who were held in an admin- these files to hide his tracks. fact that there are many national pub- istrative segregation at this facility. At 10:46, he attempts to enter the se- lications that want to play this off as a This is Director Freeh. Let me be cure area again, this time through race card, want to play it off as an in- clear about some misconceptions. Wen stairwell number 3. nocent mistake, want to play it off as Ho Lee was held in solitary while in On January 30 at 2:54, Los Alamos of- kind of an accidental scientist who the facility; but as I have noted, in ficials deactivate Lee’s open computer kind of bumbles around, doesn’t have a fact, he spent a good part of over 90 account and secure area of X division lot of common sense, and wanted to days outside the facility with his law- after discovering that it has been im- build his own library for his personal yer. He was not shackled in his cell but properly reactivated. So they deacti- enjoyment, the fact is we have suffered only when he was transported or other- vate it and oh, what a coincidence, a major loss in this country. wise outside his cell, as were others in here is Wen Ho Lee attempting on sev- We know who is responsible for this similar circumstances. eral times to go through, to go up major loss. Every newspaper and every So this picture they are trying to through a stairwell or elevators to gain critic of the FBI and every critic of give us of some individual who was access to an area that he had been spe- Janet Reno has an obligation to stand shackled and put in isolation, one, he cifically and openly and he acknowl- up. was in isolation, but he had access to edged having no right to go into. That is not to say they should not his family, he had access to his attor- The next thing you know, they also criticize our law enforcement agencies neys. Sure his outside communication say, we are also taking your computer if they misbehave, but it is to say that was confined because he will not tell us access away. Somehow, just like he in that criticism, do not let it over- where the tapes are. He will not tell us was able to move classified documents shadow or in such a way divert them who he has communicated to. He will to nonclassified documents, somehow away from what has occurred and the not tell us if he has given those ther- he is now able to reactivate his com- victims of what has occurred. monuclear secrets to the Chinese, for puter access to the top secret area, so Wen Ho Lee is not the victim in this God’s sakes. they deactivate it. case, it is us, the citizens of the United Well, of course we are going to treat At 4:52, not long after they detected States. It is those thermonuclear se- him with some concern. But the only his computer has all of a sudden been crets. Where are they today? Mr. Wen time he had shackles on is when, like reactivated, at 4:52 he attempts to Ho Lee had many opportunities to co- any other prisoner, he was transferred enter the secure area, this time operate with the FBI. He makes it from location to location. As the Direc- through a south door. sound like he was really cooperating. tor of the FBI noted, he even got spe- On February 2 at 9:42 in the morning He did not cooperate. For months he cial treatment. He had a special facil- he attempts to enter the secure area of would not say anything. He lied to the ity built for him. During the first 90 X division through the south door. A FBI until they showed him the evi- days of his incarceration, he spent 6 little after 1 o’clock he attempts again dence. Then he changed his stories. He hours a day with his lawyers. And it through the south door. About 2 and his defense attorneys did not know goes on. o’clock he makes four attempts to the kind of evidence that the FBI had. To claim that a light was kept on in enter the X division, again through the Now all of a sudden these tapes, he just his cell, that is another claim. They south door. lost them. He is not sure what hap- said, well, he had a light over his cell On February 8, they contacted him pened to them. that was never turned off. We would and asked to meet with him to discuss He is a convicted felon now, and part like to point out that this claim first conducting interview and a polygraphs. of the agreement is he has to disclose. surfaced, so far as we are aware, after Shortly thereafter, he once again at- But do we think we can trust him? the plea. To the best of our knowledge, tempts to enter the secret division, Let me point out one other thing no complaint was made to us through this time through stairwell number 2. that I found of some interest. In some Wen Ho Lee’s lawyers about the light- Between 4 and 6 they meet with him. of the newspaper articles that I saw, I ing condition in his cell.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8615 Significantly, we informed Wen Ho zens, who went in and in a methodical (The following Members (at the re- Lee’s attorneys that we would respond process transferred, first of all, quest of Mr. SCOTT) to revise and ex- to any reasonable request regarding changed ‘‘top secret’’ classification to tend their remarks and include extra- the conditions of his confinement. So ‘‘nonsecret’’ classification, and then neous material:) this light deal, about him being in a put it out to his own computer. Mr. BROWN of Ohio, for 5 minutes, cell with just a single light he could This is an individual who was eva- today. not turn off, that did not even arise as sive, who did not tell the truth on oc- Mr. FILNER, for 5 minutes, today. a complaint until after he plea bar- casion, who, through his attorneys, Mr. BACA, for 5 minutes, today. gained, when the public relations effort tried to mislead the FBI, who went out Mr. DAVIS of Illinois, for 5 minutes, began by the defense attorneys, when on his own and went into the computer today. the public relations effort began by and tried to cover his tracks, who on Mr. PALLONE, for 5 minutes, today. this, I guess, this individual’s friends. numerous occasions, as I went over, Mrs. MALONEY of New York, for 5 Some of the coverage I have seen, it tried to get back into an area of the minutes, today. made me think, oh, my gosh, maybe we lab, the secure part of the lab where he Mr. UNDERWOOD, for 5 minutes, today. ought to put background music on, tie knew he was denied, he was not al- Mr. KIND, for 5 minutes, today. a yellow ribbon around that tree. You lowed those privileges anymore. And Mrs. MINK of Hawaii, for 5 minutes, know, one feels sorry. He has done his you tell me who is the victim. today. time. He is coming home. It is clear to me, and it ought to be Ms. JACKSON-LEE of Texas, for 5 min- Let me tell my colleagues something, clear to my colleagues, and I am pretty utes, today. Mr. SCOTT, for 5 minutes, today. this could not be the furthest from sure it is going to be clear to their con- (The following Members (at the re- that. This man has transferred the stituents that the victim here is us. So quest of Mr. SOUDER) to revise and ex- most sensitive secrets in the history of keep that in mind as my colleagues tend their remarks and include extra- this country. And for our national hear further information on Wen Ho neous material:) media, not all our national media, but lie. Mr. STEARNS, for 5 minutes, today. for some of our national media to treat In conclusion of these remarks, let Mr. CAMPBELL, for 5 minutes, October this as if he is the victim, as if our au- me say that later this week I hope I 3. thority, as if our government is some- have the opportunity to sit down with Mr. SOUDER, for 5 minutes, today. how overstepping its bounds to come BOB BARR. I have asked BOB BARR, and (The following Member (at his own down on an individual who has taken BOB and I had a lengthy discussion request) to revise and extend his re- these types of secrets with the kind of about this, about the policies and what marks and include extraneous mate- evidence that we have, and obviously a U.S. attorney looks at, what kind of rial:) he has now acknowledged it, is in itself evidence the government looks for, and Mr. CANNON, for 5 minutes, today. an injustice. why the government, I am going to be f So it comes back to the basic ques- very interested in what Mr. BARR has tion. My colleagues heard the facts to- to say, about why the government at EXTENSION OF REMARKS night, the facts as given by sworn tes- times is not allowed to pursue charges By unanimous consent, permission to timony, by the Director of the FBI, by because they would have to reveal se- revise and extend remarks was granted Janet Reno. The evidence is hard evi- crets, and the pluses and the minuses to: dence. This is not circumstantial evi- and what kind of thought process goes Mr. SCOTT on H.R. 5284. dence. This is not evidence that is into that. f imagined. This is evidence that, in Mr. Speaker, I think it is a responsi- fact, Wen Ho Lee himself admitted to bility of ours when we go on this recess BILLS AND JOINT RESOLUTIONS some of it when he plead guilty to this to go out to our constituents and be PRESENTED TO THE PRESIDENT felony. fully informed on this case. This case Mr. THOMAS, from the Committee Now, some people said, well, gosh, obviously has had devastating impacts on House Administration, reported there were 59 charges. Why did they so far, and it could be much, much that that committee did on the fol- drop 58 of them? It is pretty simple more severe. We need to know what we lowing date present to the President, why they dropped 58, because in order are talking about. We need to have the for his approval, bills and joint resolu- to pursue the 58 charges, they had to facts at hand. tions of the House of the following ti- make further disclosure of national se- So I think the subsequent discussions tles: crets. that I have with Mr. BARR on this floor On September 28, 2000: So it was the opinion of the FBI and will also be of some benefit to my col- H.J. Res. 72. Granting the consent of the of the Department of Justice and the leagues as they go out and visit with Congress to the Red River Boundary Com- other individuals involved that it was their constituents as to what occurred pact. better to get him on one charge than and what did not occur with Wen Ho H.R. 999. To amend the Federal Water Pol- lution Control Act to improve the quality of have to disclose any more secrets, espe- Lee at the Los Alamos labs. cially since we do not know to what ex- coastal recreation waters, and for other pur- f poses. tent Wen Ho Lee allowed other individ- H.R. 4700. To grant the consent of the Con- uals to put their hands on the material LEAVE OF ABSENCE gress to the Kansas and Missouri Metropoli- that he had taken from our secret labs. By unanimous consent, leave of ab- tan Culture District Compact. So the question comes back, who is sence was granted to: H.J. Res. 109. Making continuing appro- the victim? I hope that, after my dis- Ms. CARSON (at the request of Mr. priations for the fiscal year 2001, and for other purposes. cussion with my colleagues this GEPHARDT) for today on account of offi- H.R. 2647. To amend the Act entitled ‘‘An evening, that on the answer to that cial business. question, this is not even considered as Act relating to the water rights of the Ak- Mr. HASTINGS of Florida (at the re- Chin Indian Community’’ to clarify certain one of your multiple choices; that the quest of Mr. GEPHARDT) for today and provisions concerning the leasing of such only multiple choice you have, and you October 3 on account of personal busi- water rights, and for other purposes. volunteer to take it, is that it was the ness. f United States of America who was the Mr. HILLEARY (at the request of Mr. ADJOURNMENT victim in this case, that it is the citi- ARMEY) for today on account of attend- zens of the United States of America ing a funeral. Mr. MCINNIS. Mr. Speaker, I move who are the victims in this case, that f that the House do now adjourn. it is the future generations of this The motion was agreed to; accord- country who have become the victim of SPECIAL ORDERS GRANTED ingly (at 10 o’clock and 23 minutes one individual who absconded with By unanimous consent, permission to p.m.), under its previous order, the American secrets, who, held in the address the House, following the legis- House adjourned until tomorrow, Tues- highest level of trust by his fellow citi- lative program and any special orders day, October 3, 2000, at 9 a.m., for zens in this country, betrayed his citi- heretofore entered, was granted to: morning hour debates.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 H8616 CONGRESSIONAL RECORD — HOUSE October 2, 2000 EXECUTIVE COMMUNICATIONS, State, transmitting certification of a pro- ees’ Overtime Pay Limitation Amendments ETC. posed Manufacturing License Agreement Act of 2000’’; to the Committee on Govern- with the United Kingdom [Transmittal No. ment Reform. Under clause 8 of rule XII, executive DTC 133–00], pursuant to 22 U.S.C. 2776(d); to 10418. A letter from the Assistant Sec- communications were taken from the the Committee on International Relations. retary for Fish and Wildlife and Parks, De- Speaker’s table and referred as follows: 10407. A letter from the Assistant Sec- partment of the Interior, transmitting the 10397. A letter from the Associate Adminis- retary for Legislative Affairs, Department of Department’s final rule— Final Compat- trator, Agricultural Marketing Service, State, transmitting certification of a pro- ibility Regulations Pursuant to the National Fruit and Vegetable Programs, Department posed license for the export of defense arti- Wildlife Refuge System Improvement Act of of Agriculture, transmitting the Depart- cles or defense services sold commercially 1997 (RIN: 1018–AE98) received October 2, 2000, ment’s final rule—Raisins Produced from under a contract to Belgium [Transmittal pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Grapes Grown in California; Decreased As- No. DTC 139–00], pursuant to 22 U.S.C. 2776(c); mittee on Resources. sessment Rate [Docket No. FV00–989–5 IFR] to the Committee on International Rela- 10419. A letter from the Assistant Attorney received September 28, 2000, pursuant to 5 tions. General, Department of Justice, transmit- U.S.C. 801(a)(1)(A); to the Committee on Ag- 10408. A letter from the Assistant Sec- ting a draft of proposed legislation entitled riculture. retary for Legislative Affairs, Department of the ‘‘Human Rights Abusers Act of 2000’’; to 10398. A letter from the Chief, Programs State, transmitting certification of a pro- the Committee on the Judiciary. and Legislation Division, Office of Legisla- posed license for the export of defense arti- 10420. A letter from the Corporate Agent, tive Liaison, Department of Defense, trans- cles or defense services sold commercially Legion of Valor of the United States of mitting a report on initiating a cost com- under a contract to Japan [Transmittal No. America, Inc., transmitting a copy of the Le- parison of Multiple Support Functions at DTC 137–00], pursuant to 22 U.S.C. 2776(c); to gion’s annual audit as of April 30, 2000, pur- Randolph Air Force Base, Texas; to the Com- the Committee on International Relations. suant to 36 U.S.C. 1101(28) and 1103; to the mittee on Armed Services. 10409. A letter from the Assistant Sec- Committee on the Judiciary. 10399. A letter from the Assistant to the retary for Legislative Affairs, Department of 10421. A letter from the Secretary, Judicial Board, Board of Governors of the Federal Re- State, transmitting certification of a pro- Conference of the United States, transmit- serve System, transmitting the Board’s final posed license for the export of defense arti- ting a draft bill entitled, ‘‘Federal Judgeship rule—Truth in Lending [Regualtion Z; Dock- cles or defense services sold commercially Act of 2000’’; jointly to the Committees on et No. R–1070] received October 2, 2000, pursu- under a contract to Greece [Transmittal No. the Judiciary and Resources. ant to 5 U.S.C. 801(a)(1)(A); to the Committee DTC 116–00], pursuant to 22 U.S.C. 2776(c); to on Banking and Financial Services. the Committee on International Relations. f 10400. A letter from the Deputy Assistant, 10410. A letter from the Assistant Sec- Department of Defense, transmitting the De- retary for Legislative Affairs, Department of REPORTS OF COMMITTEES ON partment’s final rule—Nondiscrimination on State, transmitting certification of a pro- PUBLIC BILLS AND RESOLUTIONS the Basis of Sex in Education Programs or posed license for the export of defense arti- Activites Receiving Federal Financial As- cles or defense services sold commercially Under clause 2 of rule XIII, reports of sistance —received September 28, 2000, pursu- under a contract to Israel [Transmittal No. committees were delivered to the Clerk ant to 5 U.S.C. 801(a)(1)(A); to the Committee DTC 136–00], pursuant to 22 U.S.C. 2776(d); to for printing and reference to the proper on Education and the Workforce. the Committee on International Relations. calendar, as follows: 10401. A letter from the Assistant Sec- 10411. A letter from the Assistant Sec- Mr. MCCOLLUM: Committee on the Judici- retary for Legislative Affairs, Department of retary for Legislative Affairs, Department of ary. H.R. 3484. A bill to amend title 18, State, transmitting the Department’s final State, transmitting certification of a pro- United States Code, to provide that certain rule— Nondiscrimination on the Basis of Sex posed license for the export of defense arti- sexual crimes against children are predicate in Education Programs and Activities Re- cles or defense services sold commercially crimes for the interception of communica- ceiving Federal Financial Assistance—re- under a contract to the United Kingdom tions, and for other purposes (Rept. 106–920). ceived October 2, 2000, pursuant to 5 U.S.C. [Transmittal No. DTC 122–00], pursuant to 22 Referred to the Committee of the Whole 801(a)(1)(A); to the Committee on Education U.S.C. 2776(c); to the Committee on Inter- House on the State of the Union. and the Workforce. national Relations. 10402. A letter from the Director, Corporate 10412. A letter from the Assistant Sec- Mr. SHUSTER: Committee on Transpor- Policy and Research Department, Pension retary for Legislative Affairs, Department of tation and Infrastructure. H.R. 5267. A bill to Benefit Guaranty Corporation, transmitting State, transmitting certification of a pro- designate the United States courthouse lo- the Corporation’s final rule—Benefits Pay- posed license for the export of defense arti- cated at 100 Federal Plaza in Central Islip, able in Terminated Single-Employer Plans; cles or defense services sold commercially New York, as the ‘‘Theodore Roosevelt Allocation of Assets in Single-Employer under a contract to Australia [Transmittal United States Courthouse’’ (Rept. 106–921). Plans; Interest Assumptions for Valuing and No. DTC 123–00], pursuant to 22 U.S.C. 2776(c); Referred to the House Calendar. Paying Benefits—received September 28, to the Committee on International Rela- Mr. SHUSTER: Committee on Transpor- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the tions. tation and Infrastructure. H.R. 5284. A bill to Committee on Education and the Workforce. 10413. A letter from the Assistant Sec- designate the United States courhouse lo- 10403. A letter from the Associate Bureau retary for Legislative Affairs, Department of cated at 101 East Main Street in Norfolk, Chief, Wireless Telecommunications Bureau, State, transmitting certification of a pro- Virginia, as the ‘‘Owen B. Pickett United Federal Communications Commission, trans- posed license for the export of defense arti- States Customhouse’’ (Rept. 106–922). Re- mitting the Commission’s final rule—Re- cles or defense services sold commercially ferred to the House Calendar. placement of Part 90 by Part 88 to Revise the under a contract to Taiwan [Transmittal No. Mr. YOUNG of Alaska: Committee on Re- Private Land Mobile Radio Services and DTC 104–00], pursuant to 22 U.S.C. 2776(c); to sources. H.R. 4187. A bill to assist in the es- Modify the Policies Governing Them and Ex- the Committee on International Relations. tablishment of an interpretive center and amination of Exclusivity and Frequency As- 10414. A letter from the Assistant Sec- museum in the vicinity of the Diamond Val- signment Policies of the Private Land Mo- retary for Legislative Affairs, Department of ley Lake in southern California to ensure the bile Services [PR Docket No. 92–235] received State, transmitting notification of a pro- protection and interpretation of the paleon- September 27, 2000, pursuant to 5 U.S.C. posed Technical Assistance Agreement with tology discoveries made at the lake and to 801(a)(1)(A); to the Committee on Commerce. Germany and Italy [Transmittal No. DTC develop a trail system for the lake for use by 10404. A letter from the Assistant Bureau 070–00], pursuant to 22 U.S.C. 2776(d); to the pedestrians and nonmotorized vehicles Chief, International Bureau Telecommuni- Committee on International Relations. (Rept. 106–923). Referred to the Committee of cation Division, Federal Communications 10415. A letter from the Assistant Sec- the Whole House on the State of the Union. Commission, transmitting the Commission’s retary for Policy and Planning, Department Mr. HASTINGS of Washington: Committee final rule—Rules and Policies on Foreign of Veterans, transmitting a report in accord- on Rules. House Resolution 603. Resolution Participation in the U.S. Telecommuni- ance with Public Law 105–270, on the inven- waiving points of order against the con- cations Market [IB Docket No. 97–142] re- tory of commercial activities which are cur- ference report to accompany the bill (H.R. ceived September 27, 2000, pursuant to 5 rently being performed by Federal employ- 4578) making appropriations for the Depart- U.S.C. 801(a)(1)(A); to the Committee on ees; to the Committee on Government Re- ment of Interior and related agencies for the Commerce. form. fiscal year ending September 30, 2001, and for 10405. A letter from the Director, Defense 10416. A letter from the Chairman, Occupa- other purposes (Rept. 106–924). Referred to Security Cooperation Agency, transmitting tional Safety and Health Review Commis- the House Calendar. the Department of the Air Force’s proposed sion, transmitting a report on the revised Mr. LINDER: Committee on Rules. House lease of defense articles to Italy (Trans- Strategic Plan for the Occupational Safety Resolution 604. Resolution providing for con- mittal No. 09–00), pursuant to 22 U.S.C. and Health Review Commission; to the Com- sideration of the joint resolution (H.J. Res. 2796a(a); to the Committee on International mittee on Government Reform. 110) making further continuing appropria- Relations. 10417. A letter from the Director, Office of tions for the fiscal year 2001, and for other 10406. A letter from the Assistant Sec- Personnel Management, transmitting a leg- purposes (Rept. 106–925). Referred to the retary for Legislative Affairs, Department of islative proposal entitled ‘‘Federal Employ- House Calendar.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 October 2, 2000 CONGRESSIONAL RECORD — HOUSE H8617 PUBLIC BILLS AND RESOLUTIONS the vicinity of the Elephant Butte Reservoir H.R. 4025: Mrs. ROUKEMA. Under clause 2 of rule XII, public and the Caballo Reservoir, New Mexico; to H.R. 4106: Ms. KAPTUR. the Committee on Resources. H.R. 4274: Mr. COYNE. bills and resolutions of the following By Mr. YOUNG of Florida: titles were introduced and severally re- H.R. 4277: Mr. DEFAZIO and Mr. OBERSTAR. H.J. Res. 110. A joint resolution making H.R. 4338: Mr. KENNEDY of Rhode Island. ferred, as follows: further continuing appropriations for the fis- H.R. 4627: Mr. KINGSTON. cal year 2001, and for other purposes; to the By Mr. SMITH of Texas (for himself H.R. 4634: Ms. KILPATRICK, Mrs. THURMAN, Committee on Appropriations. and Mr. RYAN of Wisconsin): Mr. FROST, and Ms. PELOSI. H.R. 5350. A bill to exempt agreements re- By Mr. KNOLLENBERG (for himself H.R. 4649: Mr. HOLT, Mr. GOODLING, and Ms. lating to voluntary guidelines governing and Mr. OSE): SCHAKOWSKY. telecast material, movies, video games, H. Con. Res. 415. Concurrent resolution ex- H.R. 4677: Mr. FROST. Internet content, and music lyrics from the pressing the sense of the Congress that there applicability of the antitrust laws; to the should be established a National Children’s H.R. 4701: Mr. BURR of North Carolina and Committee on the Judiciary. Memorial Day; to the Committee on Govern- Ms. KAPTUR. By Mr. FILNER: ment Reform. H.R. 4736: Mr. MCNULTY. H.R. 5351. A bill to amend title 10, United By Mrs. WILSON (for herself, Mr. H.R. 4740: Mr. KLINK. States Code, to authorize military rec- LAMPSON, Mr. BARTON of Texas, Mr. H.R. 4926: Mr. GOODLING, Mrs. reational facilities to be used by any veteran FROST, Mr. OXLEY, Mr. SAM JOHNSON CHRISTENSEN, Ms. KILPATRICK, and Mr. FORD. with a compensable service-connected dis- of Texas, Mr. SHIMKUS, Mr. FOLEY, H.R. 4964: Ms. KILPATRICK, Mr. ABER- ability; to the Committee on Armed Serv- Mr. GREENWOOD, and Mr. VISCLOSKY): CROMBIE, and Mr. EVANS. ices. H. Res. 605. A resolution expressing the H.R. 5040: Mr. GORDON. By Mr. FILNER: sense of the House of Representatives that H.R. 5054: Mr. DOYLE. H.R. 5352. A bill to amend the Internal Rev- communities should implement the Amber H.R. 5122: Ms. SCHAKOWSKY. enue Code of 1986 to promote the develop- Plan to expedite the recovery of abducted ment of domestic wind energy resources, and H.R. 5146: Mr. SCHAFFER. for other purposes; to the Committee on children; to the Committee on the Judiciary. H.R. 5151: Mr. STUMP. Commerce, and in addition to the Committee f H.R. 5158: Mr. WYNN and Mr. MEEKS of New York. on Ways and Means, for a period to be subse- ADDITIONAL SPONSORS quently determined by the Speaker, in each H.R. 5163: Mr. HAYES, Mr. PAYNE, Mr. KAN- case for consideration of such provisions as Under clause 7 of rule XII, sponsors JORSKI, Mr. THOMPSON of California, Ms. CAR- fall within the jurisdiction of the committee were added to public bills and resolu- SON, and Mr. EVANS. concerned. tions as follows: H.R. 5164: Mrs. THURMAN, Mr. TERRY, Mrs. By Mr. GEPHARDT (for himself, Mr. ROUKEMA, and Mr. MOORE. H.R. 284: Mr. MCINTYRE, Mr. KLINK, Mr. THOMPSON of Mississippi, and Mr. H.R. 5178: Mr. HINCHEY, Mr. ETHERIDGE, Mr. MILLER of Florida, Mr. MEEHAN, Mr. RILEY): HINOJOSA, Mrs. CHRISTENSEN, Mr. FORD, Mrs. SANDLIN, Mr. HASTINGS of Florida, and Mr. H.R. 5353. A bill to amend the Tariff Act of JOHNSON of Connecticut, Mr. EHRLICH, Mr. STRICKLAND. 1930 with respect to the marking of door DOYLE, Mr. THOMPSON of California, Ms. H.R. 372: Mr. MANZULLO. hinges; to the Committee on Ways and BERKLEY, Mr. WELDON of Pennsylvania, Ms. H.R. 488: Mr. GREENWOOD. Means. PRYCE of Ohio, and Mr. GIBBONS. By Mr. KENNEDY of Rhode Island: H.R. 582: Mr. ALLEN. H.R. 5180: Mr. GREEN of Texas, Mr. SAXTON, H.R. 5354. A bill to designate the facility of H.R. 601: Mr. GORDON. and Mr. ENGLISH. the United States Postal Service located at 7 H.R. 783: Ms. SANCHEZ. Commercial Street in Newport, Rhode Is- H.R. 908: Mr. SANDERS and Mr. FILNER. H.R. 5200: Mr. SHAW, Mr. VITTER, and Mr. land, as the ‘‘Bruce F. Cotta Post Office H.R. 1115: Mr. BACA. SAXTON. Building’’; to the Committee on Government H.R. 1122: Mr. GORDON, Mr. ROMERO- H.R. 5204: Mr. STARK and Mr. KOLBE. Reform. BARCELO, and Mr. PETERSON of Pennsylvania. H.R. 5220: Mr. BONILLA, Mr. COMBEST, Mr. By Mr. KENNEDY of Rhode Island: H.R. 1187: Mr. FLETCHER. ORTIZ, and Mr. TURNER. H.R. 5355. A bill to designate the facility of H.R. 1310: Mr. BARRETT of Wisconsin, Mr. H.R. 5229: Ms. MCKINNEY. the United States Postal Service located at SMITH of New Jersey, and Mr. WOLF. H.R. 5241: Mr. GEKAS. 127 Social Street in Woonsocket, Rhode Is- H.R. 1311: Mr. BARRETT of Wisconsin and H.R. 5261: Mr. CAPUANO and Mr. HINOJOSA. land, as the ‘‘Alphonse F. Auclair Post Office Mr. DOYLE. H.R. 5271: Mr. STENHOLM, Mr. FILNER, Mr. Building’’; to the Committee on Government H.R. 1465: Mr. CUNNINGHAM. SANDERS, Ms. MCKINNEY, Mr. RAHALL, and Reform. H.R. 1503: Mr. GORDON. Mr. REYES. By Mr. KLINK (for himself, Mr. H.R. 1515: Mr. HOLT. H.R. 5277: Mr. JEFFERSON, Mr. HALL of MCHUGH, Mr. HOLDEN, and Mr. OBER- H.R. 2138: Mr. KLINK. Ohio, Mrs. LOWEY, Ms. KILPATRICK, Mr. STAR): H.R. 2241: Ms. MCCARTHY of Missouri. COYNE, Mr. WU, Mr. BACA, Mrs. CAPPS, Mr. H.R. 5356. A bill to establish the Dairy H.R. 2431: Ms. MCCARTHY of Missouri. MCGOVERN, Ms. HOOLEY of Oregon, Mr. LA- Farmer Viability Commission; to the Com- H.R. 2457: Mr. CLAY and Mr. BACA. FALCE, Mr. OBERSTAR, and Mr. WAXMAN. mittee on Agriculture. H.R. 2620: Mr. SHAW. H.R. 5288: Mr. KANJORSKI. By Mr. LEWIS of Georgia (for himself, H.R. 2774: Mr. TURNER. H.R. 5308: Mr. KILDEE. Mr. BARR of Georgia, Mr. BISHOP, Mr. H.R. 2814: Ms. HOOLEY of Oregon. CHAMBLISS, Mr. COLLINS, Mr. DEAL of H.R. 5324: Mr. RAHALL, Mr. PASTOR, Mr. H.R. 2906: Mr. MENENDEZ. Georgia, Mr. ISAKSON, Mr. KINGSTON, BISHOP, Mr. FILNER, Mr. WEXLER, Ms. CAR- H.R. 3003: Mr. WU. Mr. LINDER, Ms. MCKINNEY, and Mr. SON, Mr. WISE, and Mr. FROST. H.R. 3083: Mr. BACA. NORWOOD): H.R. 5331: Mr. WATT of North Carolina, Ms. H.R. 3144: Mr. BACA. H.R. 5357. A bill to designate the Peace SCHAKOWSKY, Mr. GILCHREST, Mr. SANDLIN, H.R. 3161: Ms. JACKSON-LEE of Texas. Corps World Wise Schools Program, an inno- and Mr. BORSKI. H.R. 3275: Ms. KILPATRICK, Mr. FRANKS of vative education program that seeks to en- H.R. 5345: Mr. PACKARD and Mr. WAXMAN. New Jersey, Ms. PELOSI, Mrs. LOWEY, and gage learners in an inquiry about the world, H. Con. Res. 64: Ms. PRYCE of Ohio. Ms. WOOLSEY. themselves, and others, as the ‘‘Paul D. H. Con. Res. 308: Mr. ACKERMAN. H.R. 3308: Mr. HOLDEN. COVERDELL World Wise Schools Program’’; to H. Con. Res. 341: Mr. SHADEGG and Mr. H.R. 3309: Mr. ENGLISH. the Committee on International Relations. WELDON of Florida. By Mrs. MALONEY of New York (for H.R. 3463: Mr. KLINK. H.R. 3473: Mr. WU. H. Con. Res. 357: Mr. GEORGE MILLER of herself, Mr. RANGEL, Mr. GONZALEZ, H.R. 3514: Mr. CAMPBELL, Mr. OWENS, and California. and Mr. FALEOMAVAEGA): H. Con. Res. 382: Mr. HASTINGS of Florida H.R. 5358. A bill to amend title 13, United Mr. ETHERIDGE. and Mr. SALMON. States Code, to provide that the term of of- H.R. 3633: Mr. BONIOR, Mr. BARRETT of Wis- H. Con. Res. 392: Mr. PASCRELL. fice of the Director of the Census shall be 5 consin, Mr. BRADY of Pennsylvania, Mr. years, to require that such Director report BROWN of Ohio, Mr. CUMMINGS, Mr. FATTAH, H. Con. Res. 398: Ms. SCHAKOWSKY. directly to the Secretary of Commerce, and Mr. JEFFERSON, Ms. KILPATRICK, Mr. KLINK, H. Con. Res. 406: Mr. BOYD. for other purposes; to the Committee on Mr. HOLT, and Mr. ROTHMAN. H. Con. Res. 408: Mr. SMITH of New Jersey, Government Reform. H.R. 3667: Mr. BROWN of Ohio. Mr. FILNER, and Ms. MILLENDER-MCDONALD. By Mr. SKEEN: H.R. 3872: Mr. PETERSON of Minnesota, Ms. H. Con. Res. 414: Mr. PORTER. H.R. 5359. A bill to direct the Secretary of DEGETTE, Mr. DOYLE, Mr. BARCIA, and Mr. H. Res. 398: Mr. SHAW and Ms. ROS- the Interior to convey certain properties in BACA. LEHTINEN.

VerDate Aug 31 2005 01:33 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 D:\DOCS\H02OC0.REC H02OC0 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, MONDAY, OCTOBER 2, 2000 No. 120 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 12 noon, on the ex- RECOGNITION OF THE MAJORITY around 5:30, maybe as many as three. piration of the recess, when called to LEADER And then, of course, there will be the order by the President pro tempore The PRESIDENT pro tempore. The other vote at 10 a.m. Mr. President, I yield the floor. [Mr. THURMOND]. able majority leader is recognized. The PRESIDING OFFICER (Mr. SES- Mr. LOTT. I thank the Chair. PRAYER SIONS). The Senator from West Virginia f The Chaplain, Dr. Lloyd John is recognized now for 60 minutes. Mr. BYRD. I do not expect to take 60 Ogilvie, offered the following prayer: THE PRESIDENT PRO TEMPORE minutes, but I thank our floor staff for Almighty God, source of enabling Mr. LOTT. Mr. President, we note arranging for me to use that time. strength, we thank You that You have with great pleasure that the distin- f promised, ‘‘As your days, so shall your guished President pro tempore, Sen- strength be.’’ ator THURMOND of South Carolina, is A CATSKILL EAGLE As we begin a new week, it is a present and accounted for, as always. Mr. BYRD. Mr. President, on a cold source of both comfort and courage We are truly blessed and thankful for winter afternoon in 1941, a young boy that You will be with us to provide the the indomitable spirit and the magnifi- of fourteen went about his daily busi- power to finish the work to be accom- cent personality and the leadership of ness, engaged in his humble profession. plished before the recess. Help us to Senator THURMOND. It is good to see I can imagine that to many of the pe- trust You each step of the way, hour by him here looking great this morning. destrians who made their way down hour, issue after issue. Free us to live Mr. THURMOND. Thank you very Central Park West that day, this each moment to the fullest. We com- much. youngster perhaps was nothing ex- mit to Your care any personal worries traordinary, just another shoeshine that might cripple our effectiveness. f boy. However, this was not just an- Bless the negotiations on the budget. SCHEDULE other winter day; it was December 7, We ask that agreement may be 1941. It marked the beginning of Amer- Mr. LOTT. Mr. President, today the reached. ica’s active participation in the great- Senate will be in a period of morning Father, be with the Senators. Re- est struggle of the twentieth century, a business until 2 p.m. with Senators place rivalry with resilience, party war that would take this boy and make THOMAS and BYRD in control of the prejudice with patriotism, weariness him a man. And it was, perhaps, the time. with well-being, anxiety with assur- last time DANIEL PATRICK MOYNIHAN Following morning business, the Sen- ance, and caution with courage. Re- was left standing on the sidelines as ate will resume consideration of the claim that magnificent promise the controversies and events that motion to proceed to S. 2557, the bill through Isaiah, ‘‘But those who wait on would affect our Nation unfolded. So regarding America’s dependency on for- the Lord shall renew their strength; this was not just another boy. Today, I eign oil. At 5:30 p.m. the Senate will they shall mount up with wings like honor this man and commemorate his proceed to a vote on the conference re- eagles; they shall run and not be transformation from a humble shoe- port accompanying the energy and weary; they shall walk and not faint.’’ shine boy to the senior Senator from water appropriations bill unless some Is. 40:31. May it be so for the Senators the State of New York. It is with a other agreement is reached. As a re- all through this week. You are our heavy heart, a heart that is filled with minder, on Tuesday morning the Sen- Lord and Saviour. Amen. admiration, that I bid Senator MOY- ate will begin final debate on the H–1B NIHAN farewell and thank him for his f visa bill with a vote scheduled to occur ceaseless efforts on behalf of the people at 10 a.m. Therefore, Senators can ex- of New York and this Nation. PLEDGE OF ALLEGIANCE pect votes at 5:30 p.m. this evening and He will not be leaving this afternoon The honorable JEFF SESSIONS, a Sen- 10 a.m. tomorrow. or tomorrow or the next day, but this ator from the State of Alabama, led I thank my colleagues for their at- is his final year, by his own choice, in the Pledge of Allegiance, as follows: tention. which he will serve the Nation and his I pledge allegiance to the Flag of the I might also note that we could have State of New York from his position in United States of America, and to the Repub- a vote or votes on the Executive Cal- this Chamber. lic for which it stands, one nation under God, endar this afternoon. So there could be Raised by a journalist and a bar-keep indivisible, with liberty and justice for all. at least two votes beginning sometime in Manhattan’s melting pot, Senator

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

S9559

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VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9560 CONGRESSIONAL RECORD — SENATE October 2, 2000 MOYNIHAN climbed the ladder of aca- crossing party lines, challenging every the Capitol, he has graced us all with demia with the callused hands of a administration—and all without per- intellectual vigor and a stellar level of blue-collar day laborer to become a sonal concern for political backlash. scholarship. He has helped us all to as- man of accomplishment and great Simply put, Senator MOYNIHAN states cend the path of true knowledge and learning, the embodiment of the Amer- facts, the cold, hard truths that many reach for wisdom. Each of us, Demo- ican Dream. He once arrived for an ex- others in high places refuse to face and crat and Republican alike, recognizes amination at City College of New York that some are unable to see. His con- that when Senator MOYNIHAN speaks, with a dockworker’s loading hook science is his compass, and his heart is we should listen for we may learn tucked into his back pocket next to his steadied by his unfaltering belief in the something that could fundamentally pencils, as if it were a study in con- power of knowledge and the possibili- shift our thinking on a given matter. trasting worlds. ties of government. Senator MOYNIHAN has been a guiding It was this unrelenting desire, this As Senator MOYNIHAN steps away light, a sage of sages, the best of col- hunger, this thirst for knowledge that from his desk on the Senate floor for leagues, and always, always a gen- led this former shoeshine boy from the the final time—he will never step away tleman—always a gentleman. sidewalks of New York, that led this from it in my memory. I will always On this day, when I state this enco- longshoreman who had worked out in see him at that desk. I will always see mium in my feeble way—feeble because the cold with the swirling snow and the his face—that unkempt hair, the bow I cannot meet the challenge, strive wintry winds about him, to his improb- tie, the spectacles which he frequently though I must, I cannot meet the chal- able destiny in the life of our Nation. readjusts. I can hear him say: ‘‘sir; lenge to gropingly find the appropriate Having served honorably in the U.S. sir.’’ words to express my true and deep Navy during World War II as a gunnery As he steps away from his desk on abiding admiration and love. I cannot officer aboard the U.S.S. Quirinus, he the Senate floor for the final time, he find it for this man. I have served with many men and earned a doctorate from the Fletcher will walk away with his head held high, women in this Senate. Everyone here School of Law and Diplomacy in 1961. with his legacy intact, and with a dis- knows of my great admiration for some He taught briefly at both Harvard Uni- tinguished and singular place in our of those men—I say ‘‘men’’ because, for versity and Tufts University and then Nation’s history well secured. He will the most part, of these more than two worked in a series of high positions in always be looked to as a leader of men, centuries, only men served in this the Kennedy, Johnson, Nixon, and Ford as an author of many books—more body. Every colleague of mine knows of administrations. Now get that, high books than most Senators have read— my deep admiration for certain former positions in four administrations—the and as a compassionate intellectual Senators—Senator Richard Russell, Kennedy, the Johnson, the Nixon, and who has no peer in this Senate, who Senator Russell Long, Senator Lister the Ford administrations. He became has used his considerable talents to be- Hill, Senator Everett Dirksen, and oth- the first and only man ever to serve in come one of the principal architects of ers—and yet Senator MOYNIHAN is the Cabinets or subcabinets of four suc- our Nation’s foreign policy and our Na- uniquely unique. He is not the keeper cessive Presidents. tion’s social security safety net. He of the rules as was Senator Russell. He What an outstanding career. What an will be remembered thusly, for these is not the great orator that was Sen- outstanding man for that career. How- and more. ator Dirksen, but this man is unique in ever, this was only the beginning, for U.S. Permanent Representative to his knowledge, in his grasp of great this great thinker among politicians. the United Nations, author of the Wel- issues, in his ability to foresee the fu- He was also to become one of the finest fare Reform Act of 1988 and the Inter- ture and to point the way, always unas- politicians among thinkers. modal Surface Transportation Effi- suming, always courteous, always a A true visionary, Senator MOYNIHAN ciency Act of 1991, chairman of the gentleman. Ah, that we could all be is the kind of philosopher-politician Senate Committee on the Environment like this man! who the Founding Fathers had fer- and Public Works from 1992 to 1993, I wish I could have been so fortunate vently hoped would populate the Sen- chairman of the Senate Committee on as to sit in Senator MOYNIHAN’s classes ate. Men, who, like Socrates’ philoso- Finance from 1993 to 1994, DANIEL PAT- at Harvard or, to paraphrase Garfield, pher-kings described in Plato’s Repub- RICK MOYNIHAN has left his indelible on a log in the West Virginia hills with lic, ‘‘are awake rather than dream- mark on this country. PAT MOYNIHAN on one end and me on ing’’—men who have broken the bonds He served as the chairman of that Fi- the other. That is the picture I have of of ignorance and have sought the truth nance Committee, one of the oldest of one to whom I look up, one whom I ad- of fine and just and good things, not the few committees that sprang into mire and at whose feet I would gladly simply the shapes and the half-defined being early, I believe it was in 1816. It sit to learn the lessons, the philosophy, shadows of the unthinking world; men was from that Committee on Finance the chemistry of the times. who have shared the light of their that the Appropriations Committee Erma and I offer our best wishes to learning, illuminating the path for oth- was carved in 1867, a half century later. his lovely and gracious wife Elizabeth ers—some of whom always seem to be In the beginning, the Finance Com- as our esteemed colleague, Senator left in the dark. mittee handled both the finance and MOYNIHAN, embarks on yet another ad- If there is, in fact, one man among the appropriations business of the Sen- venture—retirement. I thank him for those of us in the Senate who truly ate. The Finance Committee was well being this special man, always a philos- epitomizes Socrates’ philosopher-king, led when DANIEL PATRICK MOYNIHAN opher-Senator. He will be sorely missed it is surely, indubitably, and without sat in the chair. here. Whence cometh another like question, the senior Senator from the I certainly will never forget the role him? State of New York, Mr. MOYNIHAN. that Senator MOYNIHAN played in our Herman Melville, in his classic work, With a pragmatic eye and a unique battle against the line-item veto. Like Moby Dick, said this: talent for seeing the issues that face Socrates’ quoting the shade of the dead There is a Catskill Eagle in some souls our Nation on a larger scale—on a Achilles in Homer’s epic, the ‘‘Odys- that can alike dive down into the blackest gorges and soar out of them again and be- grand scale—Senator MOYNIHAN has sey,’’ Senator MOYNIHAN would rather, spent most of his life breaking through come invisible in the sunny spaces. And even ‘‘ ‘work the Earth as a serf to another, if he forever flies within the gorge, that the partisan politics inside this belt- one without possessions,’ and go gorge is in the mountains; so that even in his way. He possesses both a startling abil- through any sufferings, than share lowest swoop, the Mountain Eagle is still ity to foresee future problems, far be- their opinions and live as they do.’’ higher than the other birds upon the plain, yond the ken of most men, and the Incapable of indifference and unable even though they soar. courage to address these problems be- to sit by as others were paralyzed by Many who have passed through these fore they become apparent to common ignorance, Senator MOYNIHAN rose up halls have soared, but very, very few men. Issues that few others tackle with and fought the good fight—the just could ever truly be likened to a Cats- insight, such as Social Security, health fight—and he won, sir. He won. kill Eagle. care, and welfare reform, he has pas- In the 24 years that Senator MOY- The PRESIDING OFFICER. The Sen- sionately addressed for many years— NIHAN has walked the marble halls of ator from New York.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9561 Mr. MOYNIHAN. When I arrived at wishful thinking or make-believe assertions the assassin. Although the initial re- the Senate near 25 years ago, it was that were horizons beyond the reality of life ports had identified Lee Harvey Oswald very clear to me that I would look to at the time they were written. as the assassin, and on television, on ROBERT C. BYRD as my mentor; and he Carl Rowan always reached beyond November 24, America saw Jack Ruby has been. I have sat at the foot of this the horizon—he always went beyond walk into the Dallas police station, put Gamaliel for a quarter century. As I the horizon—and he helped others to a gun in Oswald’s stomach and kill leave, sir, he is my mentor still. I am aspire to do the same. With the passing him, the Warren Commission started profoundly grateful. of Carl Rowan, journalism has lost one off its investigation without any pre- If I have met with your approval, sir, of its best, the underprivileged have sumptions but looking at the evidence it is all I have hoped for. I thank you lost a friend, and the Nation has lost a to make that determination as to who beyond words. And I thank you for part of its social conscience. the assassin was. your kind remarks about Elizabeth. Mr. President, I yield the floor and My area was area one, which involved And my great respect and regard to suggest the absence of a quorum. the activities of the President on No- Erma. The PRESIDING OFFICER. The vember 22, 1963. There was substantial Thank you, Mr. President. clerk will call the roll. interaction between the work that Joe Mr. BYRD. Mr. President, I thank The assistant legislative clerk pro- Ball and Dave Belin did and the work the Senator. ceeded to call the roll. which was assigned to me and Francis W.H. Adams, who was senior counsel on f Mr. SPECTER. Mr. President, I ask unanimous consent that the order for area one. REMEMBERING CARL ROWAN the quorum call be rescinded. Frank Adams had been New York Mr. BYRD. Mr. President, recently, a The PRESIDING OFFICER. Without City police commissioner and had been great voice was silenced when Carl objection, it is so ordered. asked to join the Warren Commission staff when Mayor Wagner sat next to Thomas Rowan passed away. As a f newspaper columnist, he articulated Chief Justice Warren at the funeral of JOSEPH A. BALL the problems and predicaments of former Governor and former Senator, working Americans. As a Presidential Mr. SPECTER. Mr. President, I have Herbert Lehman. Mayor Wagner told advisor, Mr. Rowan spoke for the sought recognition to comment upon Chief Justice Warren that Frank rights not only of minorities but also the death of one of America’s great Adams, the police commissioner, knew for all Americans who were getting the lawyers, Joseph A. Ball. On Saturday, a lot about Presidential protection and had designed protection for motorcades short end of the stick, as we say back the New York Times carried an exten- in New York City, with dangers from in the West Virginia hills. sive account of his background and his- tall buildings, which was an analogy to Carl Rowan and I came from similar tory and accomplishments. I ask unan- what happened to President Kennedy. backgrounds. We both grew up in poor imous consent that at the conclusion There was question as to how we coal-mining communities and we never of my remarks the copy of the New York Times article be printed in the would coordinate our work, and it was forgot our roots. Carl often talked sort of decided that Joe Ball and Dave about growing up without running RECORD. The PRESIDING OFFICER. Without Belin would investigate matters when water, without electricity, without the bullet left the rifle of the assassin objection, it is so ordered. those basic amenities that so many in flight, which was no man’s land, and (See Exhibit 1.) people take for granted today. As they when it struck the President. That Mr. SPECTER. The Times article de- did for me, those humble beginnings came into area one, which was my tails the specifics on the positions held provided Carl Rowan with the burning area: the bullet wounds on President by Mr. Ball in the lawyers associations, desire to make a difference in his com- Kennedy, the bullet wounds on Gov- his professorial associations as a teach- munity and in his country. And make a ernor Connally, what happened with er, his experience as a criminal lawyer, difference he did. the doctors at Parkland Hospital, what and his experience, most pointedly, as The only thing stronger than Carl happened with the autopsy, all matters one of the senior counsel to the Warren Rowan’s voice was his conviction. He related to what had happened with Commission, the President’s commis- stood for basic principles—equality and President Kennedy. freedom—and those principles guided sion which investigated the assassina- We had scheduled the autopsy sur- him at every step in his life. Earlier tion of President Kennedy. It was on geons for a Monday in early March. this year, Carl Rowan wrote: the Warren Commission staff that I They were Lieutenant Commander Bos- Men and women do not live only by what is came to know Joe Ball. well, Lieutenant Commander Humes attainable; they are driven more by what The original complexion of the War- and Lieutenant Colonel Pierre Finck. they dream of and aspire to that which ren Commission on staffing was that The autopsy was done at Bethesda, might be forever beyond their grasp. there were six senior counsel who were where President Kennedy was taken, That ideal resonated not only in his appointed and six junior counsel. That because of the family’s preference that columns but also in his life. Instead of distinction was replaced by putting all he go to a naval installation because he simply bemoaning the fact that a col- of the lawyers under the category of was a Navy man, so to speak, who had lege education was too expensive for assistant counsel. But if there was a served in the Navy. many underprivileged children, Mr. senior counsel, it was Joe Ball. The testimony was to be taken on Rowan in 1987 created the Project Ex- Then, in his early sixties, he was a this Monday in March. There was quite cellence Foundation, which has made tower of strength for the younger law- a debate going on with the Warren nearly $80 million available to students yers. When the commission began its Commission staff as to whether we for academic scholarships. Instead of work, I was 33. Most of the junior law- should talk to witnesses in advance. It allowing the amputation of part of his yers were about the same age. We seemed to many of us that we should right leg to slow him down, Mr. Rowan looked to Joe Ball for his experience talk to witnesses in advance so we walked—and even danced; even and for his guidance. He had a special would have an idea as to what they danced—faster than doctors expected, relationship with Chief Justice Earl would testify to so we could have an and he then pushed for greater oppor- Warren, which was also helpful because orderly presentation, which is the way tunities for the disabled. When others Joe Ball could find out what Chief Jus- any lawyer talks to a witness whom he saw obstacles, Carl Rowan saw chal- tice Warren had in mind in his capacity is about to call. The distinguished Pre- lenges. When others saw impossibil- as chairman and provide some valuable siding Officer has been a trial lawyer ities, Carl Rowan saw opportunities. insights that some of the younger law- and knows very well to what I am re- Instead of cursing the darkness, Carl yers were unable to attain. ferring. There was a segment on the Rowan lighted the candles. Joe Ball worked on what was called Warren Commission staff which Mr. Rowan wrote: area two, along with the very distin- thought we should not talk to any wit- Wise people will remember that the Dec- guished younger lawyer, David Belin nesses in advance, lest there be some laration of Independence and the Preamble from Des Moines, IA. Area two was the overtone of influencing their testi- to our Constitution are mostly unattainable area which was structured to identify mony. Finally, this debate had to come

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9562 CONGRESSIONAL RECORD — SENATE October 2, 2000 to a head, and it came to a head the about 275 feet was about 1,900 feet per ‘‘About 10,000 pieces of paper were then week before the autopsy searchers were second. rolled into my office; the written reports of to testify. At any rate, as Joe Ball and I went various investigative agencies, including the And on Friday afternoon, Joe Ball through it with the autopsy surgeons, F.B.I., the Dallas Police and the Central In- and I went out to Bethesda to talk to telligence Agency,’’ Mr. Ball wrote in 1993. we found for the first time—because we ‘‘During the first month of the investigation, the autopsy surgeons. It was a Friday had only seen the FBI reports—that we classified the information found in the re- afternoon, much like a Friday after- the bullet did go through President ports by means of a card index system. This noon in the Senate. Nobody else was Kennedy and decreased very little in permitted the immediate retrieval of this in- around. It was my area, but I was look- velocity. It was at that moment when formation.’’ Witnesses were also questioned ing for some company, so I asked Joe we talked to Dr. Humes and Dr. Finck during the inquiry. Ball to accompany me—the autopsy that we came to hypothesize that that Mr. Belin wrote in 1971, after the Commis- surgeons falling in my area. We took bullet might have gone through Gov- sion’s report had been criticized, that ‘‘de- the ride out to Bethesda and met the spite the success of the assassination sensa- ernor Connally. We didn’t come to a tionalists in deceiving a large body of world commanding admiral and introduced conclusion on that until we had re- opinion, the Warren Commission Report will ourselves. We didn’t have any creden- viewed very extensive additional notes, stand the test of history for one simple rea- tials. The only thing we had to identify but it was on that occasion that Joe son: The ultimate truth beyond a reasonable ourselves as working on the Warren Ball and I had interviewed the autopsy doubt is that Lee Harvey Oswald killed both Commission was a building pass for the surgeons. It was a marvel to watch Joe John F. Kennedy and J.D. Tippit on that VFW. My building pass had my name Ball work with his extensive experi- tragic afternoon of Nov. 22, 1963.’’ typed crooked on the line, obviously ence as a lawyer and as a fact finder. Office Tippit was a Dallas police officer having been typed in after it was He lived to the ripe old age of 97. The whom Oswald shot shortly before shooting Kennedy. signed. They sign them all and then New York Times obituary had very ex- The commission’s final report was sent to type them in. It didn’t look very offi- tensive compliments about a great deal President Lyndon B. Johnson in September cial at all. of his work and focused on his con- 1964. So when Commander Humes and tribution to the Warren Commission, Mr. Ball was a president of the American Commander Bozwell came down to be where he had written an extensive por- College of Trial Lawyers and of the State interviewed, Commander Humes was tion of the Warren Report, as he was Bar of California. very leery about talking to anybody. assigned to area two which compiled a The Joseph A. Ball Fund to benefit Amer- He had gone through some travail with fair amount of the report. ican Bar Association programs of public having burned his notes and having service and education and to honor excellent America has lost a great patriot in attorneys was named in his honor. been subjected to a lot of comment and Joe Ball, a great citizen, a great law- He was born in Stuart, Iowa, and received criticism about what happened at the yer, and a great contributor. I had the a bachelor’s decree in 1925 from Creighton autopsy, and there were FBI agents pleasure of knowing him and working University in Nebraska and his law degree in present when the autopsy was con- with him on the Warren Commission 1927 from the University of Southern Cali- ducted. A report had come out that the staff and have had occasion to remi- fornia. bullet that had entered the base of the nisce with him about his work. I noted He married Elinor Thon in 1931. After her President’s neck had been dislodged that on his office wall in California is death, he remarried. He also outlived his sec- during the autopsy by massage. It had ond wife, Sybil. his elegantly framed building pass. He is survived by a daughter JoEllen; two fallen out backward as opposed to hav- In the absence of any other Senator grandchildren; and two great-grandchildren. ing gone through the President’s body, seeking recognition, I suggest the ab- Mr. Ball recalled in 1993: ‘‘In 1965, I called which was what the medical evidence sence of a quorum. Chief Justice Warren on the telephone. I had shown. The PRESIDING OFFICER. The said, ‘Chief, these critics of the report are That FBI report that the bullet had clerk will call the roll. guilty of misrepresentation and dishonest re- entered partially into the President’s The assistant legislative clerk pro- porting.’ He replied, ‘Be patient; history will body and then been forced out had ceeded to call the roll. prove that we are right.’ ’’ caused a lot of controversy before the EXHIBIT 1 The PRESIDING OFFICER (Mr. whole facts were known. Later, it was [From the New York Times, Sept. 30] KYL). The Senator from Iowa is recog- determined that the first shot which J.A. BALL, 97, COUNSEL TO WARREN nized. hit the President—he was hit by two COMMISSION Mr. GRASSLEY. Mr. President, I ask bullets—well, the second shot, which (By Eric Pace) unanimous consent that the order for hit him in the base of the skull, was Joseph A. Ball, a California trial attorney the quorum call be rescinded. fatal, entering the base of the skull and who was a senior counsel to the Warren Com- The PRESIDING OFFICER. Without exiting at the top at 13 centimeters, 5 mission, which investigated the assassina- objection, it is so ordered. inches—the fatal wound. The first bul- tion of President John F. Kennedy, died on f let which hit the President passed be- Sept. 21 in Long Beach, Calif. He was 97 and tween two large strap muscles, sliced a longtime resident of Long Beach. DRUG FIGHTING AGENCIES the pleural cavity, hit nothing solid At his death, Mr. Ball was a partner in the Mr. GRASSLEY. Mr. President, I am and came out, and Governor Connally Los Angeles office of the Hawaii-based law often critical of this Administration’s firm Carlsmith Ball. He had been a partner happy-go-lucky ways when it comes to was seated right in front of the Presi- in that firm and its predecessor in Los Ange- dent and the bullet would have to have les for five decades. drug policy. The administration is like hit either Governor Connally or some- Mr. Ball, who wrote crucial portions of the the grasshopper in the old fable. It’s one in the limousine. commission’s report, was selected for the out there fiddling around when it After extensive tests were conducted, commission by United States Chief Justice ought to be working. That said, I do it was concluded that the bullet hit Earl Warren, who had come to know him in not mean this criticism to detract from Governor Connally. There has been a California’s political world. the fine work done by the many men lot of controversy about the single bul- At that time, Mr. Ball was 61, a leading and women in our law enforcement criminal lawyer, a member of the Supreme let theory, but time has shown that it Court’s Advisory Committee on the Federal agencies. These fine people risk their is correct. A lot of tests were con- Rules of Criminal Procedure and a professor lives every day to do important and ducted on the muzzle velocity of the at the University of Southern California Law difficult work on behalf of the public. Oswald rifle. It was identified as having School. I want to take a moment to highlight been Oswald’s, purchased from a Chi- In January 1964, he was appointed as one of some of the achievements and invalu- cago mail order store. He came into the six senior lawyers who, each assisted by a able service provided to this nation by building with a large package which younger colleague, were to handle one of six the men and women of the Drug En- could have contained the rifle. He said broad areas of inquiry. forcement Administration (DEA), the Mr. Ball and David W. Belin, a lawyer from they were curtain rods for an apart- Des Moines who was chosen to assist him, U.S. Customs Service, and the U.S. ment which already had curtains. The concentrated on the area they called ‘‘the Coast Guard. As chairman of the Sen- muzzle velocity was about 2,200 feet per determination of who was the assassin of ate Caucus on International Narcotics second, and the velocity after traveling President Kennedy.’’ Control, I would like to express my

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9563 thanks and make known the tremen- suspects and the seizure of nearly 25 Before I get to actual numbers, let dous pride that I think we should all tons of cocaine, with a retail street me say something on background have in the good people in these agen- value of $1 billion. Operation Journey about this year’s report. The thing to cies. targeted an organization that used note is that the administration has The men and women of the DEA, Cus- large commercial vessels to haul changed the methodology for how it toms, and the Coast Guard are dedi- multi-ton loads of cocaine. This orga- collects data for the report. Why is cated to the protection of the United nization may have shipped a total of 68 that important? Here’s what the report States and to ensuring the safety of tons of cocaine to 12 countries in Eu- says: ‘‘Because of the differences in our children and our lives from the rope and North America. methodology and impact of the new devastating effects of the drug trade. I believe we should all be proud of the survey design on data collection, only They are called on daily to place their jobs these folks do on our behalf. limited comparisons can be made be- lives in harm’s way in an effort to keep f tween data from the 1999 survey and our nation secure. When they are data from surveys prior to 1999.’’ FAST PITCH IS FOUL BALL boarding smugglers’ vessels on the Now, in those years since 1993, that seas. When they stop terrorists at the Mr. GRASSLEY. Mr. President, the data show dramatic increases in drug border. When they investigate nar- administration is at it again. Late last use on this administration’s watch. cotics trafficking organizations around month, it issued its findings from the During each of those years, however, the globe. When they dismantle clan- latest Household Survey on drug use in the administration tried to put a destine methamphetamine labs, engage America. You would have to look fast ‘‘spin’’ on the information, calling bad in undercover operations, safeguard to find anything about it. As usual, the news good news. Instead of doing that our ports of entry, or shut down ec- administration chose to release the in- any more, they have decided to play stasy peddling night clubs, these fine formation when no one was looking. hide and seek with the information. people risk their lives and well being And as usual, they did this hoping no Don’t like the results? Well . . . for all of us. one would notice. Given that the ma- Change the way you figure them and DEA efforts this year include Oper- jority of the press did not bother to do declare success. As with the Cheshire ation Mountain Express, which ar- more than rephrase the press release cat, pretty soon all you’re left with is rested 140 individuals in 8 cities, seized from the Department of Health and the smile. Even this little bit of sleight $8 million and 10 metric tons of Human Services, it would be hard to of hand, however, does not wholly pseudoephedrine tablets, which could figure out just what the 300-odd page work. have produced approximately 18,000 report actually said anyway. But nei- It’s really very simple. There has pounds of methamphetamine. In addi- ther the press release nor the news ac- been no significant change for the bet- tion, DEA’s Operation Tar Pit, in co- counts do justice to what is not hap- ter in the rate of past month drug use operation with the FBI, resulted in pening. What is not happening is the on this administration’s watch. More nearly 200 arrests in 12 cities and the fact that the drug use picture is not seniors graduating from high school seizure of 41 pounds of heroin. The her- getting any better. today report using drugs than in any oin ring they busted was peddling dope When it comes to drugs, the adminis- year since 1975. Almost 55 percent of to kids, many of whom died. DEA, in tration just can’t say it straight. high school seniors now report using an conjunction with State and local law It continues the trend of its incum- illegal drug before graduation. enforcement, has also aggressively dis- bency of labeling bad news or good Use of heroin among young people is mantled hundreds of clandestine meth- news and counting on the press to not on the rise. We are in the midst of a amphetamine labs that poison our look beyond the hype. In releasing the methamphetamine epidemic. If reports urban streets and rural communities. latest data, Secretary Shalala says are accurate, we are awash in Ecstasy The United States Customs Service that the report shows the continuing and its use among the young is accel- has seized over 9,000,000 Ecstasy tablets downward trend in drug use. She re- erating. The rate of illicit drug use has in the last 10 months. Ecstasy is an marked at the press conference that, increased in six out of the last seven emerging problem that affects not only ‘‘We’ve not only turned the corner— years. our large cities but many rural areas, we’re heading for home plate,’’—sug- The administration tries to hide this including my home State of Iowa. In gesting that the report shows that the fact by reporting on a decline of use addition, their Miami River operations administration has hit a home run. among 12–17-year-olds in hopes no one have resulted in the seizure of 18 ves- I’m not sure at which game Sec- will notice an increase among 18–25- sels, mostly arriving from Haiti, and retary Shalala is playing, but the most year-olds. But this is a statistical over 7,000 pounds of cocaine—a small generous interpretation is that she game. Although there is an unfortu- portion of the over 122,000 pounds of co- clearly is not reading her own reports nate trend in the onset of drug use at caine seized this fiscal year. Finally, or her staff is not telling her what’s in earlier ages, onset begins most typi- the Customs Service has seized over 1 them. She needs new glasses or new cally among 15–18-year-olds. By includ- million pounds of marijuana and over staff. Despite this happy talk, even ing the earlier years in the count, you 2,000 pounds of heroin as well, often in HHS’s own press release notes that, disguise the true rate of increase. very risky situations. ‘‘Illicit drug use among the overall Even allowing for the moment that Coast Guard successes this year in- population 12 and older remained flat.’’ the administration spin is true, how- clude a record-breaking seizure total of That may be a home run down at HHS ever, does not change the fact that over 123,000 pounds of cocaine, includ- but in plain English that means ‘‘no youthful use of drugs continues spi- ing many major cases in the Eastern change.’’ In my book, ‘‘flat’’ does not raling upwards. Pacific. This effort went forward even mean continuing a downward trend. Today’s use levels are 70 percent while still interdicting over 4,000 ille- I suppose in an election year ‘‘no higher than when this administration gal alien migrants bound for U.S. change’’ in how many people are using took office. The numbers are not get- shores. In addition, the deployment of drugs is a sign of success. Least ways, ting better. Yet, we have another re- two specially equipped interdiction that’s how this administration sees it. port and another press release touting helicopters in Operation New Frontier Or, wants you and me to see it. But victory. This is shameful and to call it had an unprecedented success rate of when you actually get down into the anything else is a sham. six seized go-fast vessels in six at- numbers, this ‘‘success’’ is not all it And just as bad, fewer kids are re- tempts. appears to be. It shares something with porting that using illicit drugs is dan- Finally, as announced last month, a the Cheshire cat—it disappears when gerous—a sure sign of future problems. joint DEA and Customs investigation— you look at it. In true Alice in Wonder- Especially at a time when we have a supported by the Coast Guard and De- land logic, down is not always not up. well-monied, aggressive legalization partment of Defense—concluded a 2 To follow Shalala’s analogy with base- campaign that this administration has year multinational case against a Co- ball, what we have here is not a home done little to counter. And this despite lombian drug transportation organiza- run but the runner rounding the bases a $200 million-a-year ad campaign tion. The result was the arrest of 43 on a foul ball. aimed at exactly these age groups that

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9564 CONGRESSIONAL RECORD — SENATE October 2, 2000 this administration touts as a success. in the last 10 months. Ecstasy is an tantly, he is a regular attender of our The most optimistic thing a recent emerging problem that affects not only meetings and hearings. His support and GAO report had to say about this our large cities but many rural areas, interest in this issue, particularly com- much-troubled effort is the hope that it including my home State of Iowa. In ing from his background as a U.S. at- might do better. addition, their Miami River operations torney, have been very helpful to the The administration also continues have resulted in the seizure of 18 ves- work of the drug caucus as well. I the game of trying to hide its record by sels, mostly arriving from Haiti, and thank him for that. lumping the increasing use figures on over 7,000 pounds of cocaine—a small f its watch with the decreasing use fig- portion of the over 122,000 pounds of co- ENERGY POLICY ures in earlier administrations. I have caine seized this fiscal year. Finally, complained repeatedly about this gim- the Customs Service has seized over 1 Mr. GRASSLEY. Mr. President, I in- mick. This is just plain deception. million pounds of marijuana and over dicate to my colleagues I will take a Mr. President, I am often critical of 2,000 pounds of heroin as well, often in few minutes to speak about the admin- this administration’s happy-go-lucky very risky situations. istration’s energy policy; however, as I ways when it comes to drug policy. The Coast Guard successes this year in- think about it, it is better to entitle it administration is like the grasshopper clude a record-breaking seizure total of the administration’s ‘‘no energy’’ pol- in the old fable. It’s out there fiddling over 123,000 pounds of cocaine, includ- icy. around when it ought to be working. ing many major cases in the Eastern Mr. President, I rise today to express That said, I do not mean this criticism Pacific. This effort went forward even my frustration and anger with the to detract from the fine work done by while still interdicting over 4,000 ille- Clinton/Gore administration’s lack of the many men and women in our law gal alien migrants bound for U.S. an energy policy. Each weekend I travel back to my enforcement agencies. These fine peo- shores. In addition, the deployment of home state of Iowa. In recent weeks I ple risk their lives every day to do im- two specially equipped interdiction have spent many hours explaining to portant and difficult work on behalf of helicopters in Operation New Frontier my constituents why fuel prices are so the public. had an unprecedented success rate of high, and unfortunately, explaining I want to take a moment to highlight six seized go-fast vessels in six at- some of the achievements and invalu- why prices will likely rise past current tempts. levels. I’ve continually had the dis- able service provided to this nation by Finally, as announced last month, a pleasure of looking truckers and farm- the men and women of the Drug En- joint DEA and Customs investigation— ers in the eye and telling them there is forcement Administration (DEA), the supported by the Coast Guard and De- U.S. Customs Service, and the U.S. no relief in sight. partment of Defense—concluded a 2- In my home state we are experi- Coast Guard. As chairman of the Sen- year multinational case against a Co- encing price levels not seen in a dec- ate Caucus on International Narcotics lombian drug transportation organiza- ade, but all I can tell my farmers and Control, I would like to express my tion. The result was the arrest of 43 truckers is that it is likely going to get thanks and make known the tremen- suspects and the seizure of nearly 25 worse. dous pride that I think we should all tons of cocaine, with a retail street In recent weeks, the price of crude oil have in the good people in these agen- value of $1 billion. Operation Journey reached more than $37 a barrel, the cies. targeted an organization that used highest price in 10 years. Natural gas is The men and women of the DEA, Cus- large commercial vessels to haul $5.10 per million Btu’s, double over a toms, and the Coast Guard are dedi- multi-ton loads of cocaine. This orga- year ago. Heating oil in Iowa is around cated to the protection of the United nization may have shipped a total of 68 $1.25 a gallon, up 40 cents from this States and to ensuring the safety of tons of cocaine to 12 countries in Eu- time last year. And propane, a critical our children and our lives from the rope and North America. fuel which farmers use to dry grain, is devastating affects of the drug trade. I believe we should all be proud of the up 55 percent since last year. They are called on daily to place their jobs these folks do on our behalf. These increases are simply unaccept- lives in harm’s way in an effort to keep Mr. SESSIONS. Will the Senator able. Iowans and the rest of the nation our nation secure. When they are yield for a comment on his previous re- should not have been subjected to these boarding smuggler’s vessels on the marks? price spikes. seas. When they stop terrorists at the Mr. GRASSLEY. I am happy to yield Unfortunately, it is the Clinton/Gore border. When they investigate nar- to the Senator. administration’s lack of an energy pol- cotics trafficking organizations around Mr. SESSIONS. I thank Senator icy over the past 71⁄2 years that have di- the globe. When they dismantle clan- GRASSLEY for speaking forthrightly rectly led to the situation we are fac- destine methamphetamine labs, engage and with integrity. He chairs our drug ing today. Mr. President, two weeks in undercover operations, safeguard caucus in the Senate. He personally ago, Vice President GORE stated, and I our ports of entry, or shut down ec- travels his State and has led efforts quote: ‘‘I will work toward the day stasy peddling night clubs, these fine against methamphetamines, Ecstacy, when we are free forever from the people risk their lives and well being and other drugs. He understands those dominance of big oil and foreign oil.’’ for all of us. issues clearly. Yet, since 1992, U.S. oil production is DEA efforts this year include Oper- He is correct; there is too much spin. down 18 percent—the lowest level since ation Mountain Express, which ar- These drugs do not justify the positive 1954. At the same time, U.S. oil con- rested 140 individuals in 8 cities, seized spin being put on them. During the ad- sumption has risen 14 percent. $8 million and 10 metric tons of ministrations of Presidents Bush and The result: U.S. dependence on for- pseudoephedrine tablets, which could Reagan, I served as a Federal pros- eign oil under the Clinton/Gore admin- have produced approximately 18,000 ecutor. According to the University of istration has increased 34 percent. We pounds of methamphetamine. In addi- Michigan Authoritative Study of Drug now depend on foreign oil cartels for 58 tion, DEA’s Operation Tar Pit, in co- Use Among High School Students, drug percent of our crude oil, compared to operation with the FBI, resulted in use fell every single year for 12 con- just 36 percent during the Arab oil em- nearly 200 arrests in 12 cities and the secutive years; it jumped after this ad- bargo of 1973. seizure of 41 pounds of heroin. The her- ministration took office. They have, in Some may be wondering how we got oin ring they busted was peddling dope fact, made a number of mistakes that here. The answer is clear. This admin- to kids, many of these kids died. DEA, have undermined the progress made. istration is opposed to the use of coal. in conjunction with State and local law I appreciate serving with Senator Opposed to nuclear energy production. enforcement, has also aggressively dis- GRASSLEY on the drug caucus and in Opposed to hydroelectric dams. Op- mantled hundreds of clandestine meth- the Judiciary Committee where we posed to new oil refineries; 36 have amphetamine labs that poison our have discussed these issues. been closed, but none has been built in urban and rural communities. Mr. GRASSLEY. I thank the Senator the past eight years. And, this adminis- The United States Customs Service from Alabama for the support he has tration is opposed to domestic oil and has seized over 9,000,000 Ecstasy tablets given to the drug caucus. Most impor- gas exploration and production.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9565 This administration opposes nearly AN ATTACK ANSWERED anything to say about it or anything to every form of domestic energy produc- Mr. HUTCHINSON. Mr. President, do about it, if it can be prevented in tion. when I was elected to the House of Rep- any way. Social Security checks will They do, however, support the use of resentatives back in 1992, I spent 2 be delivered, health care services under clean, efficient, and domestically pro- years serving in the minority—2 years; Medicare will be funded, and our Na- duced natural gas. Currently, 50 per- in 1993 and 1994—before the Republican tion’s veterans will not be left out in cent of American homes are heated victories in the 1994 elections brought the cold. with natural gas. In addition, 15 per- about the first Republican majority in That being said, we still have 11 ap- cent of our nation’s electric power is the House of Representatives in 40 propriations bills unsigned and mul- generated by natural gas. And while years. tiple unrelated issues on the table. The demand for natural gas is expected to Having now been on the majority education of our kids, prescription increase by 30 percent over the next side for 51⁄2 years, I am very appre- drugs, and a Patients’ Bill of Rights decade, the administration has not pro- ciative of the 2 years I served in the are all there, still on the table. Since vided the land access necessary to in- minority. Having had the experience of these unrelated issues seem to get crease supply. knowing what it is to be in the minor- tossed around a great deal, let me talk As this map demonstrates, federal ity, to have the agenda set by the ma- about them plainly for a few minutes lands in the Rocky Mountains and the jority side, to have the frustration of and why the minority continues to in- Gulf of Mexico, along with offshore having vote after vote in which you sist on their passage by holding up our areas in the Atlantic and the Pacific, come up on the short end, is important. Nation’s spending bills. contain over 200 trillion cubic feet of I think it helps me in understanding First of all, in the area of education, natural gas. Access to this land could the frustrations the other side has ex- the other side maintains that we are provide the resources necessary to perienced. It also helps me understand not having a debate on education in meet current demand for nearly ten now, being in the majority, how hard it the 106th Congress. I suggest that the years. is to lead and to govern. other side of the aisle doesn’t really Unfortunately, this land and millions I remember in those first 2 years, we want a bill; they want an issue. They of acres of forest are either closed to were pretty organized in lobbing criti- say that unless we vote for their few exploration or effectively off limits. cisms and lobbing objections and in education proposals, which, by the Simply put, our nation’s producers presenting our agenda to the American way, would concentrate even more can’t meet demand without greater ac- people. We didn’t have to worry about power in the Department of Education, cess to the resources God gave us. legislating. We didn’t have to worry we are not having a debate on edu- I am a strong supporter of alter- about passing anything. We didn’t have cation. I think that is not fair, and it native and renewable energy. I have the votes to do that. But we could do a is not accurate. During the 106th Congress, we have been a leader in the Senate in pro- lot in framing the debate. already voted six times on the class moting alternative energy sources as a As we approach the end of this ses- size reduction initiative. Six times we way of protecting our environment and sion, it is much easier to criticize in have all been called upon to cast our increasing our energy independence. the minority than to govern in the ma- vote, to go on the record, even though My support for expanding the produc- jority. It is easy to say no; it is easy to that has been misconstrued and mis- tion of ethanol, wind and biomass en- find even the slightest flaw with a leg- represented to the American people. ergy has directly led to the increased islative proposal as a rationale for op- We have been willing to debate it. We use of these abundant renewable en- posing it and blocking it. When you are have been willing to cast votes a half ergy resources. But right now, these in the majority, the job of calling up dozen times during this Congress alone. are only part of the solution, and tough bills, debating the very tough issues, taking the very tough votes, As my distinguished colleague from President Clinton and Vice President Alabama pointed out, the Department GORE know that. that is what governing is about. That is why I have come to the floor of Education has failed to pass an audit The administration does not have a this afternoon. I believe an attack un- for 3 years in a row. They can’t even plan to deal with our current energy answered is an attack assumed. account for how the money is being needs. I believe the solution is clear. Last week, Senator BYRD, for whom I spent currently. So it is not unreason- It is time to support and encourage have the greatest admiration, came to able that many of us have reservations responsible resource development— the floor and noted that few Members in giving them more power and more using our best technology to protect in this body have ever witnessed how authority in the area of school con- our environment—to increase domestic the Senate is really supposed to func- struction and the hiring of 100,000 new energy production. It is time to make tion. I concur with that; I agree en- teachers. use of the vast resources this great tirely. I believe it takes a commit- According to the Congressional Daily country has to offer. Only then will we ment, a commitment from both sides of Monitor, a press conference was held be free from so much dependence on the aisle to complete our appropria- recently with Treasury Secretary foreign sources of energy. tions obligations in a timely fashion Larry Summers and Education Sec- I yield the floor. and to ensure the Senate is governing retary Dick Riley, ‘‘demanding that The PRESIDING OFFICER. The Sen- and functioning the way it is supposed Republicans accept their positions.’’ So ator from Alabama. to. after voting six times against the class Mr. SESSIONS. Mr. President, I ex- The fact is, there are a number of size reduction initiative in the Senate, press my appreciation to Senator Senators who don’t seem to want bills you would think the attitude would not GRASSLEY for his wise remarks about signed into law but who want issues. be their way is the only way. Our side our energy policy. Certainly natural Why? Because it is easier to demagogue of the aisle has been more than accom- gas is the cleanest burning of our fossil an issue than it is to legislate an issue. modating in providing funding that fuels. We will need it more and more So who gets left holding the buck? Who was reserved for class size reduction. In because every electric powerplant that gets the blame if legislation, for any the fiscal year 2001 Labor-HHS appro- is being built is a natural gas plant. reason, does not pass? It is clearly the priations bill, Republicans have appro- The Senator makes an outstanding and majority in the Congress who will get priated the $1.3 billion for class size re- valuable point that we have to do a blamed if the Government shuts down, duction in the title VI State grant so better job of producing more. as we have already found out. It is that schools who want to use the fund- (The remarks of Mr. SESSIONS and those who are in the majority in Con- ing for this initiative are able to do so. Mr. HUTCHINSON pertaining to the in- gress, clearly, who get the blame. But schools that have already achieved troduction of S. 3143 are located in to- In terms of another Government the goal of class size reduction or have day’s RECORD under ‘‘Statements on In- shutdown, I assure the American peo- more pressing problems can use the troduced Bills and Joint Resolutions.’’) ple and my colleagues that despite any funding for other priority items such The PRESIDING OFFICER. The Sen- dispute over issues pending, the Gov- as professional development or new ator from Arkansas. ernment will not shut down if we have textbooks.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9566 CONGRESSIONAL RECORD — SENATE October 2, 2000 One would think that is a reasonable, The PRESIDING OFFICER. Without could have prevented the fatalities acceptable compromise, a middle objection, it is so ordered. that resulted in the recent recall of ground. But instead, we hear the other Mr. HUTCHINSON. I know Senator millions of Bridgestone/Firestone tires. side saying: It is our way or no way. We MCCAIN is waiting. I appreciate very The key provisions of the bill would are going to block the appropriations much his graciousness. insure that NHTSA has the informa- bills unless you do it exactly the way The fact is, while Senator DURBIN tion that it needs from manufacturers we want it. They contend, again, unless made that comment, every State does to make sound decisions, including in- we are voting for class size reduction, have a Medicaid program that offers formation about recalls in foreign we are avoiding the issue of education, prescription drugs today. In addition, countries. This legislation would in- even though we have already voted on they have State employee drug pro- crease penalties to deter manufactur- class size reduction six times in this grams already in existence. These pro- ers from withholding valuable informa- Congress. grams are separate from the State tion about recalls and establish appro- The Democrats considered bringing pharmaceutical assistance programs, priate penalties for the most egregious this issue up again in the HELP Com- of which 25 currently exist. So Senator actions that place consumers in dan- mittee just last week as an amendment DURBIN’s argument is unfair and un- ger. It would also require NHTSA to to a bipartisan bill to fully fund the justified because the money given to upgrade the Federal motor vehicle IDEA program. If a debate on edu- the States is not required to be used to safety standard for tires, which has not cation is what the other side really only start a new pharmaceutical assist- been updated since its adoption more wants, then why did they object to ance program. than 30 years ago. multiple unanimous consent requests They can be used to expand the exist- It is my understanding that a few on the reauthorization of the Elemen- ing Medicaid drug programs. So Gov- Members have placed holds on this bill tary and Secondary Education Act to ernor Bush’s helping hand drug plan for various reasons—I think there are keep the debate on education? provides greater assistance to low-in- two—including opposition to the inclu- The ESEA debate was moving along come seniors, and provides it now, sion of criminal penalties for violating very well on the Senate floor. There while Vice President GORE’s plan re- motor vehicle safety standards. Clear- was a consensus that only a few quires an 8-year phase-in for those drug ly, each member is entitled to place a amendments should be offered and they benefits. So I suggest that we are get- hold on measures to which they object, should be germane. They should relate ting a lot of demagogy. but I hope that members can under- to education. But then on the other The Patients’ Bill of Rights is the stand the importance of acting on the side of the aisle there were those who final issue I wanted to talk about, but key provisions of this bill before Con- objected to those agreements to keep I will reserve that for another time. I gress adjourns. the debate limited to education. I know will say this, and say it clearly: We The criminal penalties provision in that I and my colleagues on this side of have an active conference that has this bill have been the subject of much aisle would be more than willing to re- been working, and working hard. We discussion. The provision is intended to turn to S. 2, the reauthorization of this had numerous votes on the Patients’ allow for the assessment of criminal critical elementary and secondary edu- Bill of Rights. We had endless amend- penalties in instances where a manu- cation bill, to debate education, if we ments in the committee on the Pa- facturer’s conduct is so egregious as to would simply have that agreement to tients’ Bill of Rights. To suggest this render civil penalties meaningless. An limit the amendments not to every- isn’t a deliberative body, as the Demo- article in this week’s Business Week, thing under the sun, not to prescrip- cratic leader suggested last week, is addresses the application of criminal tion drugs and a Patients’ Bill of unfair. This issue has been debated, penalties to such conduct. It reports Rights and minimum wage and every- and debated thoroughly. It is the that ‘‘prosecutors have been waking up thing else, but to limit that debate to Democrats who stifled the debate by to the fact that criminal sanctions education. walking out on the conference in the may be a more effective deterrent and I am not going to allow Members on spring. We can still have a Patients’ punishment than the worst civil pen- the other side of the aisle to have it Bill of Rights enacted if we have co- alties.’’ Furthermore, a criminal pen- both ways. You claim that we are not operation. There are two sides to every alties provision is not a novel inclu- dealing with education and then object story, and both should be told. Let’s sion. Multiple agencies are authorized to agreements to keep education de- not allow two competing agendas to to assess criminal penalties, including, bates on education bills. I suggest you prevent us from getting our work done among others, the Department of are looking for an issue, not the pas- on the spending bills. They are too im- Labor, the Consumer Product Safety sage of legislation. portant. Commission, and the Environmental Then on the issue of prescription I yield the floor. Protection Agency. drugs, my distinguished colleague from The PRESIDING OFFICER. The Sen- Already, NHTSA has linked more Illinois, Senator DURBIN, last week—I ator from Arizona is recognized. than 100 deaths to these tire failures. had the opportunity to preside as he Mr. MCCAIN. Mr. President, I ask Last week, NHTSA announced that made this speech, but I want to quote unanimous consent to speak as in other models of Bridgestone/Firestone him—said: morning business. tires may be defective as well. We must act quickly to correct the problems On the other side, they make a proposal The PRESIDING OFFICER. Without which sounds good but just will not work. objection, it is so ordered. that could lead to further loss of life. Under Governor Bush’s proposal on prescrip- f As I have repeated throughout the tion drugs, he asserts for 4 years we will let process, I am willing to work with my MOTOR VEHICLE AND MOTOR VE- the States handle it. There are fewer than 20 colleagues to address their concerns so States that have any drug benefits. Illinois HICLE EQUIPMENT DEFECT NO- that this vital legislation may be is one of them, I might say. His home State TIFICATION IMPROVEMENT ACT passed prior to the adjournment of this of Texas has none. But he says let the States Mr. MCCAIN. Mr. President, first I Congress. handle it for 4 years. Let them work it out. want to discuss an issue that is of In summary, more than 100 people In my home State of Illinois, I am glad we sometimes importance, the Motor Ve- have it, but it certainly is not a system that have died. It is clear that we need this one would recommend for the country. Our hicle and Motor Vehicle Equipment De- legislation. It is supported by the ad- system of helping to pay for prescription fect Notification Improvement Act. ministration and by every consumer drugs for seniors applies to certain illnesses Last week, the Commerce Committee group in America. It passed through and certain drugs. If you happen to be an un- reported S. 3059, the Motor Vehicle and the Commerce Committee unani- fortunate person without that kind of cov- Motor Vehicle Equipment Defect Noti- mously. I intend to come to the floor erage and protection, you are on your own. fication Improvement Act. The bill is and ask that we consider this piece of The PRESIDING OFFICER (Mr. BUN- in response to the systemic failure of legislation. NING). The Senator’s time has expired. the National Highway Traffic Safety I expect those who are putting a hold Mr. HUTCHINSON. I ask unanimous Administration and the motor vehicle on this bill to come forward and give consent for 5 additional minutes. industry to share information that their reasons for putting a hold on this

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9567 very important safety bill. We are object to speeding through appropria- now become a largesse take-home prize talking about the lives of our citizens. tions bills without adequate review by for many Members. Numerous ear- This is a serious issue. That is why I all Members. I object to the callous marks are provided for such projects intend to come to the floor again and fashion which we disregard our na- that, while on its own merit may not ask that we move the bill. I hope those tional interests in favor of pet projects. be objectionable, were not included in Senators who object will come forward Some of my colleagues have said that the budget request or tacked on with- and state their objections or remove the pork doesn’t really matter much in out any review by either the Senate or their so-called holds on the bill. these spending bills because it’s not a the House. f lot of money. But, Mr. President, add- For example, within this final agree- ing billions more in pork barrel spend- ment, nearly 250 earmarks are added CONFERENCE REPORT FOR EN- ing is a lot of money to me and to the for individual Army Corps projects ERGY AND WATER APPROPRIA- millions of American taxpayers who which are clearly not included in the TIONS FOR FISCAL YEAR 2001 are footing the bill for this spending budget request, and, more than 150 Mr. MCCAIN. Mr. President, this free-for-all. Army Corps projects were given addi- year’s energy and water appropriations While America’s attention has been tional amounts about the budget re- bill is very critical, particularly at a focused on the Olympic games in Syd- quest. time when our Nation is facing rising ney, Australia, our constituents back The inconsistency between the ad- gas and energy prices, national secu- home may be interested to know that a ministration’s request, which is re- rity disasters at federal facilities, and gold medal performance is taking place sponsible for carrying out these massive backlogs to complete multi- in their own government. If gold med- projects, and the views of the appropri- million projects for water infrastruc- als were awarded for pork-barrel spend- ators on just how much funding should ture. That is why I am utterly dis- ing, then the budget negotiators would be dedicated to a project, is troubling. appointed that the final agreement for all be gleaming in gold from their As a result, various other projects that this bill blatantly disregards these na- award-winning spending spree. may be equally deserving or higher in tional priorities in favor of special in- However, I doubt many Americans priority do not receive an appropriate terests giveaways. would be appreciative if they knew amount of funding, or none at all. Mr. President, approving the annual that this spending spree will be at their This year’s budget for Army Corps budget is among our most serious re- expense with money that should be set has been inflated to $4.5 billion in fund- sponsibilities. We are the trustees of aside to provide tax relief to American ing for local projects. Yet, we have no billions of taxpayer dollars, and we families, shore up Social Security and way of knowing whether, at best, all or should evaluate every spending deci- Medicare, or pay down the federal debt. part of this $4.5 billion should have The figures speak for themselves. sion with great deliberation and with- been spent on different projects with Again, this year’s grand pork total is out prejudice. greater national need or, at worst, close to $400 million more than the Unfortunately, each year, I am con- should not have been spent at all. amount from last year’s bill and more stantly amazed how the appropriators There’s no doubt we should end the than three times the amount included find new ways to violate budget policy. practice of earmarking projects for in the recent Senate passed bill. Appropriators have employed every Unless I am grievously mistaken, I funding based on political clout and sidestepping method in the book to cir- was under the distinct and very clear focus our resources in a more practical cumvent Senate rules and common understanding that the purpose of Sen- way, instead, on those areas with the budget principles that are supposed to ate-House appropriations conferences greatest need nation-wide. strictly guide the appropriations proc- are to resolve differences only between Other earmarks are rampant in this ess. The excessive fodder and trickery the two versions and make tough deci- bill that appear that are clearly de- have never been greater, resulting in sions to determine what stays in the monstrative of wasteful spending at the shameless waste of millions of tax- final agreement. As a rule, no new the expense of taxpayers: payer dollars. This final report is no spending could be added. An earmark of $20 million was added exception. The rules are flung out the window in during conference, without previous This year’s final agreement for the once again. The overall total budget consideration by either the House or energy and water appropriations bill is for this year’s conference agreement Senate, for an unauthorized project in only a minor reflection of the previous has been fattened up by as much as $2 California, the CALFED Bay-Delta res- Senate-passed bill. billion more than the House bill, and toration project. Certainly, I have no A grand total of $1.2 billion is added about a billion more than both the objections to restoring the ecological in pork-barrel spending, a figure that is amount included in the Senate-passed health of the Bay Delta area, however, three times the amount from the Sen- bill and the amount requested by the any amount of funding for unauthor- ate-passed bill and about $400 million administration. ized projects flies in the face of com- more than the amount of last year’s Let me give this to you straight. You ments by the managers who pledged total. I have twenty-one pages of pork- have a certain amount passed by the not to fund unauthorized projects. barrel spending found in this report. Senate and a certain amount by the Also, $400,000 is earmarked for aquat- An additional $214 million is provided House. They are supposed to go to con- ic weed control in Lake Champlain, for designated ‘‘emergency’’ spending. ference and reconcile their differences. Vermont. This particular earmark has The latest epidemic here as we ap- Instead of that, we add billions of dol- resurfaced in appropriations bills for at proach the appropriations issue, in lars in conference, and neither Senate least the past three years and it ap- order to avoid any budget restraints nor House Members, nor members of pears a bit preposterous that we con- that may be remaining—and there are the Appropriations Committee have a tinually fund a project such as this on few—is the designation of ‘‘emergency voice or a vote. That is disgraceful— an annual basis which has nebulous im- spending.’’ disgraceful. pacts on our nation’s energy and secu- Explicit directives are included for Each year, appropriators employ new rity needs. favorable consideration of special in- spending tricks to avoid sticking to al- An earmark of $800,000 is provided to terest projects; and more than 30 policy locations in the budget resolution. It continue work on ‘‘a detailed project riders are added in to conveniently has become quite clear that these report’’ for a project in Buchanan sidestep a fair and deliberative legisla- closed-door conferences, which no County, Virginia. Government spend- tive review. other Member can participate in or ing is truly getting out of control if I rise today to tell my colleagues have any voting privileges, is simply nearly a million dollars is necessary that I object. another opportunity for members to simply to compile a report. I object to the $1.2 billion in directed take another trip to the trough to add Another earmark of $250,000 is in- earmarks for special interest projects in millions previously unconsidered for cluded for a ‘study’ of drainage prob- in this bill. I object to sidestepping the individual member projects. lems in the Winchester, Kentucky area. legislative process by attaching erro- What was described earlier in the Granted, I do not object to trying to fix neous riders to an appropriations bill. I Senate this year as a ‘‘modest’’ bill has any water problems facing any local

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9568 CONGRESSIONAL RECORD — SENATE October 2, 2000 community, but is a quarter of a mil- ly in this bill. I am very disappointed by the rush to drain the taxpayers’ lion really necessary to only study the to see that the Appalachian Regional pockets and deplete the budget surplus. problem and not fix it? Commission will not only be funded At the end of the day, special inter- More padded spending includes again this year, but it is also the re- ests win and the taxpayers lose. It’s a $150,000 to determine what the ‘‘federal cipient of an ‘‘emergency appropria- broken record that the American peo- interest’’ is for a project in south- tion’’ of $11 million. ple are tired of listening to. eastern Pennsylvania. Why is $150,000 My dear friends, the Appalachian I will vote against this bill and any necessary to determine if the federal Commission was established as a tem- other appropriations bill that so fla- government should care about a spe- porary commission in 1965. Somehow grantly disregards our fiscal responsi- cific project? Dozens of earmarks like this year it needs to be the recipient of bility and violates the trust of the this one, in the hundreds of thousands $11 million for ‘‘emergency appropria- American people. each, are riddled throughout this con- tions.’’ My curiosity is aroused as to Today’s Wall Street Journal article ference report without any explanation what the emergency is at the Appa- by David Rogers is a very enlightening as to why such high amounts of fund- lachian Regional Commission. This one, in case some of my colleagues and ing are justifiable. commission was established as a tem- friends have not read it. Among the worst pork in this bill are porary commission in 1965, but has In the scramble to wrap up budget negotia- earmarks that will benefit the ethanol managed to hook itself into the annual tions, Congress could overshoot the Repub- industry, a fiscal boondoggle industry appropriations spending spree to ex- licans’ spending target for this fiscal year by tend its so-called temporary life to 35 $35 billion to $45 billion. that already reaps substantial benefits The willingness to spend reflects a new from existing federal subsidies at the years. This program singles out one re- synergy between President Clinton, eager to expense of taxpayers. It is a blatant in- gion for special economic development cement his legacy, and the GOP leadership, sult to taxpayers to ask them to sup- grants when the rest of the nation has increasingly worried about losing seats in plement the ethanol industry even to rely on their share of community de- November and more disposed to use govern- more by spending $600,000 for ethanol velopment block grant and loans. ment dollars to shore up candidates. While production at the University of Louis- Certainly, the Appalachian region the largest increases are in areas popular ville, and $2,000,000 for the design and does not have a monopoly on poor, de- with voters—education, medical and science pressed communities in need of assist- research, land conservation, veterans’ care construction of a demonstration facil- and the military—the bargaining invites ity for regional biomass ethanol manu- ance. I know that in my own state, de- pork-barrel politics on a grand scale, with facturing in southeast Alaska. spite the high standard of living en- top Republicans leading the way. My colleagues will note that each of joyed in many areas, some commu- Just this weekend, for example, a bidding these earmarks have a specific geo- nities are extremely poor and have war escalated over highway and transit graphic location or institution associ- long been without running water or projects that are part of the transportation ated with them. Is there another orga- sanitation. It would be more cost-bene- budget to be negotiated this week. House nization besides the one proposed in ficial to provide direct assistance to Speaker Dennis Hastert of Illinois opened impacted communities, again based on the door by asking to add legislative lan- southeast Alaska that could design and guage to expedite the distribution of about construct a demonstration facility for national priority, rather than spending $850 million for Chicago-area transit regional biomass ethanol manufac- millions each year for a commission projects. While the Hastert amendment turing? which may have outlived its purpose. wouldn’t add directly to next year’s costs, it A similar earmark of $2 million is in- Again, I remind my colleagues that I became an excuse for others to pile on. cluded for this specific Alaskan eth- do not object to these projects based on The Virginia delegation jumped in early, anol manufacturing facility in the In- their merit nor do I intend to belittle winning the promise of $600 million to help terior appropriations bill this year. So the importance of specific projects to pay for a bridge over the Potomac River. By local communities. However, it is no late Friday night, dozens of projects for both they have $4 million for one specific political parties were being added. House spot without any authorization and surprise that many of these earmarks Transportation Committee Chairman Bud without any discussion. are included for political glamour rath- Shuster laid claim to millions for his home There is $4.5 million for the removal er than practical purposes. Members state of Pennsylvania. Mississippi, home of of aquatic growth in Florida, which is can go back to their districts to rally Senate Majority Leader Trent Lott, is in the about $1.2 million higher than the in public parades, trying to win favor running for funds in the range of $100 mil- budget request; by bringing home the bacon. lion. In all, the price tag for the extras tops An additional $250,000 for the Texas The House of Representatives passed $1.6 billion. this conference report last Friday by a The whole enterprise, which could yet col- Investigations Program, for which no lapse under its own weight, dramatizes a explanation is provided as to what con- majority margin, despite the fact that breakdown in discipline in these last weeks stitutes an ‘‘investigations’’ program; most of the voting Members did not before the November elections. In the spring, $2,000,000 for the multi-year dem- have adequate time, if any at all, to re- the GOP set a spending cap of $600 billion for onstration of an underground mining view the contents of this report. This is the fiscal year that began yesterday—a num- locomotive and an earth loader pow- another appalling demonstration to the ber that was never considered realistic po- ered by hydrogen in Nevada; American public of the egregious viola- litically. And, $3,000,000 to establish a program tion of one of our most sacred duties— After devoting long summer nights to de- bating cuts from Mr. Clinton’s $626 billion the University of Nevada-Las Vegas for ensuring the proper use of taxpayer budget, Republicans will end up appro- Department-wide management of elec- dollars. How can we make sound policy priating significantly more than that. If tronic records. and budget decisions with this type of total appropriations rise to between $635 bil- Get this, all of my colleageus who budget steam-rolling? lion and $645 billion or even higher, as the have a college or university in their I know I speak for many hardworking numbers indicate, the ripple effect will pare State: $3 million at the University of Americans when I express my hope for surplus estimates by hundreds of billions of Nevada Las Vegas for department-wide reform in the way the Congress con- dollars over the next 10 years. management of electronic records; ducts the business of the people so that I cannot overemphasize the impor- $2,000,000 for the Discovery Science we might reclaim the faith and con- tance of this. We have the rosy sce- Center in Orange County, California; fidence of those we are sworn to serve. nario of a multitrillion dollar surplus $2,000,000 for the Livingston Digital Yet, we are mired in another yearly in the years ahead, and if we keep Millennium Center at Tulane Univer- ritual of budget chaos. Sadly, the only spending this kind of money, every- sity; and message that we send to the American body knows that the surplus will dis- $2,000,000 for modernization upgrades public is that our budgetary process is appear. There is an open and honest de- at the University of South Carolina. at an all-time low. bate as to whether we should have tax How are any of these earmarks di- Unfortunately, this may be only a cuts or whether we should save Social rectly related to the national security foreboding of what is to come at this Security, Medicare, or pay down the and energy interests of our nation? end of year final budget negotiations. debt. We are not going to be able to do Also, the tactic of using the ‘‘emer- The end-of-year rush to complete the any of it if we are spending this kind of gency funding’’ stigma returns strong- fiscal year 2001 budget is outpaced only money. I was told by a Member not

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9569 long ago that if we agree to what is NATIONAL ENERGY SECURITY ACT from a low of about $11 per barrel of presently the overspending in this OF 2000—MOTION TO PROCEED— crude oil to a high late last month of budget, it could mean as much as $430 Resumed $38? The reason is somebody else is set- billion out of the surplus in the next The PRESIDING OFFICER. The ting the price by creating either a scar- few years. clerk will report the motion to pro- city of supply or by the appearance Both an $18.9 billion natural-resources bill ceed. that there would be a scarcity of sup- and a $23.6 billion measure that funds energy The assistant legislative clerk read ply. It is not American producers con- and water programs are expected to be sent as follows: trolling prices and supply, it is foreign to the White House, and the transportation A bill (S. 2557) to protect the energy secu- producer countries. bill soon could follow. The Republican lead- rity of the United States and decrease Amer- The items we do control in the mar- ership believes it has reached a compromise ica’s dependence on the foreign oil source to ketplace are demand and supplies we to free up the measure funding the Treasury 50 percent by the year 2010 by enhancing the and the operations of the White House and might be able to produce from our own use of renewable energy resources, con- Capitol. resources. Natural was selling for $2 That still leaves the heart of the domestic serving energy resources, improving energy per 1,000 cubic feet last year, just a budget—massive bills funding education, efficiencies, and increasing domestic energy year ago, and on Friday of last week health, housing and environmental pro- supplies, mitigating the effect of increases in energy prices on the American consumer, in- natural gas was selling for $5.20 for grams. Negotiations on those bills are hov- every 1,000 cubic feet. That is better ering near or even above the president’s cluding the poor and the elderly, and for other purposes. than a doubling of that price. spending requests. As winter approaches, Americans The natural-resources bill agreed to last The PRESIDING OFFICER. The Sen- week illustrates the steady cost escalation: ator from Idaho. likely will face the highest energy The $18.9 billion price tag is about $4 billion Mr. CRAIG. Has there been a time prices ever. Let me say that again. As over the bill passed by the House in June. agreement on the legislation just pro- the winter approaches, Americans are In a landmark commitment to conserva- posed? going to awaken to the highest energy tion, the legislation would devote as much as The PRESIDING OFFICER. We have prices they have ever paid. If the win- $12 billion during the next six years, mainly ter is colder than usual, energy prices to buy lands and wildlife habitat threatened until 5:30 when we have a scheduled vote on another matter. will be even higher. by development. As the annual commitment Electricity prices will move right grows from $1.6 billion to $2.4 billion in 2006, Mr. CRAIG. Mr. President, I will con- more and more dollars would go for sorely sume up to 15 minutes of time in rela- along with gas and oil because many of needed maintenance work in the nation’s tion to the energy issue. the electrical-generating facilities of parks. The PRESIDING OFFICER. The Sen- our country are fueled by natural gas. Regarding the national parks, that is ator is recognized. While petroleum and natural gas sup- something with which I don’t disagree. Mr. CRAIG. Mr. President, I came to plies appear to be adequate, no one can I have suggested from time to time the floor to speak on this important doubt that the supply and demand for when my colleagues say there is noth- issue before the Senate and to talk crude oil, natural gas, and other energy ing we can do because the President once again to my colleagues about sources is very tight, resulting in in- has the leverage over us in order to what I believe to be the dark cloud of creased prices for these commodities. shut down the Government for which a national emergency. The American While many observers believe supplies we would get the blame, if just once, consumer has begun to detect a prob- of oil and natural gas will be sufficient with one appropriations bill, just one, lem because the price of gasoline at the to meet our needs in the coming we could send to the President a bill pump has gone up 25 or 30 percent in months, I am concerned these impor- that doesn’t have a single earmark, the last year. When they begin to pay tant resources will likely remain in have a single legislative rider on it, their home heating bills this winter, I very short supply and, therefore, will then we would go into negotiations of think they will recognize where the be very costly to the American con- the issue with the President with clean problem lies. sumer. hands. When we add billions in pork We have had the President and the I believe, and I mean this most sin- barrel spending on our appropriations Vice President trying to position them- cerely, as a member of the Senate En- bills and then go into negotiations selves politically over the last month ergy Committee who for the last 10 with the President, there is no dif- and a half on energy because of the years has tried to move policy and has ference except in priorities. It is wrong. spike in prices, but frankly they have seen this administration either say I have been spending a lot of time articulated little. Now just in the last ‘‘no’’ by the veto or ‘‘no’’ by the budg- campaigning around the country for week we have had the Vice President et, I sincerely believe the Clinton-Gore candidates for the House and for the present an energy policy for the coun- administration, by its failure to Senate, and for our candidate for Presi- try, and we have had Governor George produce a national energy policy, is dent, my party’s candidate for Presi- Bush talking about an energy policy risking a slowdown, perhaps even a dent and Vice President of the United that he would propose. downturn, in this economy. States. I can tell my colleagues, clear- Here is why these things are hap- Some expect energy prices to remain ly the American people have it figured pening. Finally, I hope, the American high throughout the first quarter of out. They don’t like it. They want this people are beginning to focus on the 2001, above $30 a barrel for oil and as practice to stop. They want us to fulfill very critical state of the availability of high as $4 per thousand cubic feet for a promise we made in 1994 when we energy in this country, to run the natural gas. If this is true and that asked them and they gave us the ma- economy, to make the country work, cost ripples through the economy, then jorities in both Houses of Congress. turn the lights on, move our cars, and they—and by ‘‘they’’ I mean the Clin- Mr. President, this appropriations do all that it takes to run an economy ton administration—are truly risking a pork barreling has got to stop. I intend based on a heavy use of energy. slowdown in the economy. This means to come to the floor with every bill, We are now importing between 56 to Americans will be paying more than and if it keeps on, I will then take ad- 58 percent of our crude oil needs. Some $1.50 per gallon of gas and perhaps ditional measures. We all know what is will remember that during the era of twice as much as they paid for residen- coming up: The train wreck. If it is as the oil embargo of the mid-1970s we tial natural gas use last year. Driving, much as $45 billion more then our were only importing 35 percent of our heating homes, providing services and original $600 billion spending cap, I am needs. Even at that time there were manufacturing goods will be much, not sure how such action is justified. gas lines and fighting at the gas pumps much more expensive under this new I yield the floor. because American consumers were high-cost energy economy. f frustrated over the cost of gas. What I It is not only the price at the pump am saying, America, is we no longer you worry about anymore; it is the CONCLUSION OF MORNING control our energy availability, our en- plastics; it is the supply of goods; it is BUSINESS ergy supplies, our energy needs. everything within our economy that is The PRESIDING OFFICER. Morning Is it any wonder why prices have made of the hydrocarbons that will go business is closed. more than tripled in the last 2 years up in price. Since energy costs are

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9570 CONGRESSIONAL RECORD — SENATE October 2, 2000 factored into the cost of all goods and has publicly taken credit for negoti- ligent, responsible, and environ- services, we can expect food, appli- ating this document. mentally sound way. ances, clothing—essentially every- I don’t think you hear him talking Were we to produce oil from the Arc- thing—to become more expensive. As much about it today. He is a bit of a tic National Wildlife Refuge, we could these costs rise, the amount of capital born-again gas and oil user of in last produce up to 1.5 million barrels of oil available for investment automatically couple of weeks. But clearly for the a day. Some say that will destroy the begins to decline, pulling the economy last 8 years that is all he has talked refuge. Envision the refuge in your down along with it. As we devote more about, his Kyoto Protocol, penalizing mind as a spot on a map, and compare of our money to the daily need for en- the user nations to try to get them to it to putting a pencil point down on the ergy, we have less to spend on the use less energy, all in the name of the map of the United States. The impact goods and services that we need, the environment. The protocol could result of that pencil point on the map of the goods and services that have fired our in a cost of nearly $240 per ton of car- United States is the same impact as economy. As budgets shrink, con- bon emissions reduction. drilling for oil in the Arctic National sumers will be forced to make hard What does that mean to the average Wildlife Refuge. choices. If we have to spend 10 or 15 consumer out there who might be lis- Shame on you, Mr. President, for percent more of our income to fill up tening? This results in a higher cost of vetoing that legislation a few years the tank or to buy the services and oil and gas and coal. What would it ago. If you had not, we might have 1.5 goods that are energy intensive, then, mean? About a 4-percent reduction in million barrels of additional crude oil a of course, we will have less money to the gross domestic product of this day flowing into our markets for 30- spend elsewhere. country. If we raise the cost of those some years. We would not have to beg We are in this undesirable position three items—oil, gas, and coal then we at the throne of OPEC. We would not not because we are short on energy re- will drive down the economy 4-percent. have to go to them with our tin cup, sources such as oil, natural gas, or Simply translated, that means thou- saying: Would you please give us a lit- coal; we are here because this adminis- sands and thousands of U.S. jobs would tle more oil? Your high prices are hurt- tration, in my opinion, has deliberately be lost and our strong economy weak- ing our economy. tried to drive us away from these en- ened. Yet the Vice President takes The President was not listening in ergy sources. Look at their budgets credit for flying to Tokyo and getting 1995 when he vetoed that legislation. and look at their policy over the last 8 directly involved in the negotiations of Other oil and gas resources can come years. AL GORE himself has spoken the Kyoto Protocol. This is AL GORE’s from production from the Federal openly about how much he hates fossil document. Yet he talks very little bit Outer Continental Shelf and from on- fuels, how he wants to force the U.S. about it today. shore Federal lands in the Rocky off fossil fuels no matter the cost. He Why is this administration so whole- Mountain front. The abundance of our has proposed many times to do so. heartedly committed to forcing us to crude oil and the abundance of our gas Twice in the last 8 years the Clinton- stop using fossil fuels at almost any is phenomenal. Yet, a year ago, in the Gore administration has tried to drive cost? Because they buy into the notion northeastern part of the United States up the cost of conventional fuels. Isn’t that our economic success has been at in New Hampshire, AL GORE, now a that interesting? Just in the last few the expense of the world’s environ- candidate for President of the United weeks they have been trying to drive ment. I do not buy into that argument. States, said he would stop all drilling. down the costs by releasing crude oil I think quite the opposite is true. I be- He does not want us to drill anywhere, from the Strategic Petroleum Reserve lieve our success has benefited the and he would do it in the name of the into our market, but for the last 8 world. Our technology is the tech- environment. years it has been quite the opposite. nology that the rest of the world wants These resources can be obtained America, are you listening? Are you today to clean up their environment, today, under the new technologies we observing? Why this change of heart? to make their air cleaner, to make have, with little to no environmental Why this change of personality? their water more pure. It is not in spite impact. When we have finished, if any First, Clinton and GORE proposed a of us; it is because of us that the world damage has occurred, we clean it up, Btu tax, which the Republican Con- has an opportunity today, through the we rehabilitate it, and the footprint gress defeated. They had to settle for a use of our technology, to make the that was made at the time of develop- 4.3-cent gas tax. The Republicans in world a cleaner place to live. ment is hardly noticeable. That is what every way tried to resolve that and to The challenge now is to ensure we go we can do today. eliminate it, but that was how they on in the production of these tech- There is no question that the road to spread it into the market. They took nologies through the growth and the less reliance on oil, natural gas, and that and said: We are not going to use strength of our economy so we can pass coal is a responsible one, but it is a it for highway transportation as we these technologies through to devel- long one. You do not shut it off over- have historically done. We want it for oping nations so they can use them, night without damaging an economy deficit reduction. whether it be for their energy re- and frustrating a people. During debate on the Btu tax, the ad- sources or whether it is simply to cre- We have these resources, and they ministration admitted that its intent ate greater levels of efficiency, and a are in abundance. We ought to be pro- was to encourage conservation, or dis- cleaner economy for their people. ducing them at relatively inexpensive courage use, and therefore cause us to The message to Vice President GORE cost to the American consumer while move more toward renewable energy is don’t shut us down. Let us work. Let we are investing in better photovoltaic sources by dramatically increasing the us develop. Let us use the technologies and solar technologies and biomass, cost of conventional fuels. In other we have and expand upon them. You wind, and all of the other things that words, tax America away from gasoline don’t do that through the absence of can help in the total package for en- and oil. energy. You don’t do that with 2,300 ergy. Next, the Clinton-Gore administra- windmills spread across the Rocky The problem is simply this: This ad- tion designed the Kyoto Protocol. We Mountain front. You do that by the use ministration stopped us from pro- all know about that. That is the great of what you have, to be used wisely and ducing additional energy supplies at a international agreement that will cool hopefully efficiently at the least cost time of unprecedented growth in our the country, cool the world down be- to provide the greatest amount of en- economy. Of course, that economy has cause the Administration asserts that ergy that you can to the economy. been based on the abundance and rel- the world is warming due to the use of To ensure that we all succeed, we atively low costs of energy. fossil fuels. They said it is necessary must pay attention to our strengths. Creating punitive regulatory de- that we do it, critically important that The United States has an abundant mands, such as the Btu tax and the we do it. But if implemented, it would supply of oil, natural gas, and coal, and Kyoto Protocol, is not the way to go if substantially penalize the nations that we must, if we wish to have an influ- you want an economy to prosper and use fossil fuels by forcing reductions in ence on the price of these commodities, you want the opportunities of that fossil fuel usage. The Vice President develop our own resources in an intel- economy to be affordable and benefit

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9571 all of our citizens. Such policies cre- Mr. THOMAS. Madam President, I pursued from this administration has ate—the policies of which I have spo- ask unanimous consent that the order been one that has made domestic pro- ken, Btu tax and Kyoto Protocol—win- for the quorum call be rescinded. duction even more difficult than it was ners and losers. The great tragedy is The PRESIDING OFFICER (Ms. COL- in the beginning—and more difficult that the American consumer ulti- LINS). Without objection, it is so or- than it needs to be, as a matter of fact. mately becomes the loser. dered. So I guess you can talk about releas- The path to stable energy prices is Mr. THOMAS. I understand the order ing oil from our strategic storage. I through a free market that rewards ef- of business is the energy bill. don’t make as big a thing out of it as ficiency and productivity and does not The PRESIDING OFFICER. The Sen- some, but that is not a long-term an- punish economies for favoring one form ator is correct. We are on the motion swer. It is a relatively small amount of of energy over another. The American to proceed. oil compared to our usage—about a day consumer will make that decision ulti- Mr. THOMAS. I thank the Chair. and a half’s usage—and it is not going mately if he or she has an adequate As I have said before, energy is ter- to make a big difference in terms and number of choices in the marketplace. ribly important to all of us. It is par- no difference to where we are in being The Vice President, in his recent ticularly important to those of us who able to have domestic production in speech on energy, simply repeated the come from producer States. But per- the future. I set that aside. I only warn tired, old rhetoric of the Carter admin- haps if you come from a part of the that that can’t be offered as a solution istration and every Democrat can- country where there is no production to the energy problem. That seems to didate in past presidential elections. and the cost continues to go up, you be about all this administration is pre- Each placed reliance on solar, wind, are even more concerned. In New Eng- pared to do. and other renewables and on energy land, that is pretty much the case. On the contrary, going back over conservation—all admirable goals that In any event, we do have a problem some time, in 1993 the first Btu tax in- Presidents Reagan and Bush also en- in energy and we have to find solu- creased the cost of a gallon of gas couraged, but Presidents Reagan and tions. We have two very different about 8 cents. The compromise was Bush supported renewables with the points of view in terms of what our about 3 cents, with the Vice President clear understanding that renewables needs are and how we meet them. casting the deciding vote. Now, of could not be relied upon to replace fos- Many wonder, of course, why gas and course, the effort is to manipulate the sil-fuel-fired electrical generating ca- diesel prices are so high. Heating oil price of the storage oil, but it won’t do pacity that currently supplies our will be very expensive. I come from a that. As I said, it is only about 1 and a baseload of electricity. And that base- production State, and it wasn’t long half day’s supply. load demand will continue to rise as ago that oil in our oil fields was bring- our economy grows. ing less than $10 a barrel. Now, of We find our refineries now producing Presidents Reagan and Bush also rec- course, in the world price, we are up in at about 95-percent capacity, partly be- ognized that somehow the automobile the thirties. Part of that, of course—I cause of some of the restrictions placed was not just going to disappear over- think the major part—is that we have on these facilities. Some have gone out night and that it was not going to be relatively little impact on the price. of business, and practically none has replaced by electric cars within the We have allowed ourselves, over a pe- been built. We find natural gas, of near future. They understood that. riod of time, to become dependent upon course, becoming increasingly impor- They rewarded production and encour- importation of oil. We have not had, in tant. Fifty percent of U.S. homes and aged production. For 8 years now, do- my view, an energy policy. We have 56 million people rely on natural gas mestic oil and gas production has been had 8 years of an administration that for heating. It provides 15 percent of discouraged and restricted, and the really has not wanted to deal with the our power. It will provide more in that American consumer is paying the price idea of having a policy in terms of this administration has also moved ba- at the pump. This winter the American where we are going. sically against the use of coal, which is consumer will also pay a dramatic I have become more and more con- our largest producer of electric energy, price as their furnaces turn on. vinced—it is not a brand new idea, but instead of finding ways to make coal Can it be turned around overnight? I think it doesn’t often get applied— more acceptable. The coal industry has Absolutely not. We must begin to in- that we have to set policies and goals been working hard on that. We have vest in the business of producing, for where we need to be over a period of low-sulfur coal in my State. This ad- whether it be electricity or whether it time. And then, as we work toward ministration has pushed against that, be oil from domestic reserves or gas. It that, we can measure the various and we have therefore had less use than is there. It awaits us. We simply have things we do with respect to attaining we had before. to reward the marketplace, and the that goal. If our goal is—and I think it So what do we do? I think certainly marketplace will produce. We cannot should be—that we become less depend- there are a number of things we can do. continue to squeeze it, penalize it, and There does need to be a policy. A policy refuse access to the supplies the Amer- ent upon imported oil, then we have to make some arrangements to be there. is being talked about by George Bush, ican consumer needs. which is supported generally here in It is a simple message but a com- That has not been the case. the Senate—that would be No. 1—to plicated one, especially complicated by This administration, on the other help low-income households with their an administration that says: No, no, hand, has basically gone the other way energy bills and put some more money no, let the wind and the Sun make up and has indicated that we ought to re- in as a short-term solution to help with the difference. Probably not in my life- duce our domestic production. In fact, the low-income energy assistance pro- time or in the lifetime of any of the our consumption requirements have gram. We can do that. We can direct a youngest people listening today can gone up substantially over the last portion of all the gas royalty payments and will that be possible. But a com- couple of years—about 14 percent. Dur- to that program and offset some of the bination of all of those elements of en- ing the same period of time, domestic costs over time. We are always going to ergy coming together—hydro, nuclear, production has gone down approxi- or the production of crude oil and gas mately 17 percent. have the need, it seems to me, regard- from our own reserves, supplies from In 1990, U.S. jobs in exploring and less of the price, for low-income assist- abroad, and renewables and conserva- producing oil and gas were about ance. We can do that. And we can es- tion—will be necessary to carry us 400,000 or 500,000 people. In 1999, the tablish a Northeast management home through a crisis that clearly could spell number of people doing the same thing heating reserve to make sure home a major hit to our economy. was about 293,000—a 27-percent decline. heating is available for the Northeast. Mr. President, I yield the floor, and I Why is this? Part of it is because we We should use the Strategic Petroleum suggest the absence of a quorum. haven’t really had this goal of how we Reserve only in times of real crises— The PRESIDING OFFICER. The were going to meet our energy de- not price, but crises such as the wars of clerk will call the roll. mands and then measure some of the several years ago. The assistant legislative clerk pro- things that have brought us to where We need to make energy security a ceeded to call the roll. we are. On the contrary, the policy priority of U.S. foreign policy. We can

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9572 CONGRESSIONAL RECORD — SENATE October 2, 2000 do a great deal with Canada and Mex- now, and we can continue to make it The PRESIDING OFFICER (Mrs. ico. It seems we ought to be able to ex- work better, but it is not the short- HUTCHISON). Without objection, it is so ercise a little more influence with the term answer to our energy problems. ordered. Middle East. Certainly, we have had a We can do something with ANWR. I f lot to do with those countries in the have gone up to the North Slope of past—being helpful there. I think we Alaska. You can see how they do the ENERGY AND WATER DEVELOP- can make more of an impact in Ven- very careful extraction. You have to MENT APPROPRIATIONS ACT, ezuela than we have. I think we can get the caribou out of the way. But you 2001—CONFERENCE REPORT support meetings of the G–8 energy can see what is going on. That can be Mr. DASCHLE. Madam President, we ministers, or their equivalent, more done. I am confident it can be done. are about to cast a vote at 5:30. I think often. Those are some of the things that are in many ways this is a very difficult Maybe most importantly, we have suggested and which I think ought to situation. I come to the floor this lots of resources domestically, and in- have real consideration. It is difficult afternoon expressing my gratitude to stead of making them more difficult to sometimes to try to reconcile environ- the distinguished chair of the Energy reach, we ought to make it easier. I mental issues. I don’t know of anyone and Water Subcommittee and certainly come from a State that is 50-percent who doesn’t want to do that. Environ- to the ranking member, the Senator owned by the Federal Government. Of mental protection has to be considered, from Nevada, our extraordinary assist- course, there are places such as Yellow- but it doesn’t mean you have to do ant Democratic leader, for the great stone Park and Teton Park where you away with access. work they have done in responding to are never going to do minerals and Quite frankly, one of the real prob- many of the issues and concerns that should not. Much of that land is Bu- lems we have in some States is how to our colleagues have raised. I think in reau of Land Management land that is use open spaces. We are doing some- large measure it is a very balanced bill. not set aside for any particular pur- thing in my State about protecting the Unfortunately, we were unable to re- pose. It was there when the homestead environment and protecting public solve what is a very significant matter stopped and was simply residual and land. Too many people say you just relating to the Missouri River and the became public land. It is more multiple shouldn’t use it for anything at all. precedent that it sets for all rivers. use. We can protect the environment When some States, such as Nevada and The Corps of Engineers must, from and continue to use it—whether it is others, are up as high as 85 percent in time to time, update the master man- for hiking, hunting, grazing, or wheth- Federal ownership, I can tell you it is ual for the rivers that it manages. Un- er indeed for mineral exploration and impossible to have an economy in fortunately, some of our colleagues on production, as we now do. those States and take that attitude. On the other side of the aisle have indi- This administration has made it dif- the other hand, I am persuaded that we cated that they were unwilling to com- ficult to do that. We can improve the can have reasonable kinds of programs promise with regard to finding a way regulatory process. I not only serve on that allow multiple use and at the they could address their concerns with- the Energy Committee, but on the En- same time protect the future use of out calling a complete halt to a vironment and Public Works Com- those lands. It seems to me those are multiyear process that has been under- mittee. Constantly we are faced with the kinds of things we ought to be way to revise and update a master new regulations that make it more dif- doing. manual that is now over 40 years old. It is very difficult. It is certainly ficult, particularly for small refineries, That is the issue: a manual that affects easy to set energy policy back, particu- to live within the rules. Many times thousands of miles of river, hundreds of larly when the price has gone up as it they just give it up and close those. We thousands, if not billions, of dollars of has. I think all of us remember a year can change that. It depends on what we revenue generated from hydroelectric or so ago when the price at the gas want to do with the policy. It depends power, navigation, irrigation, munic- pump was down as low as 86 cents a on our goals and what we want to do gallon. Now in my State it is as high as ipal water, and bank stabilization. with domestic production and whether There is perhaps no more com- $1.60. You think about it a lot more plicated management challenge than or not these kinds of things contribute when it is $1.60 than when it is 86 cents. the one affecting the Missouri and, for to the attainment of those goals. It is We didn’t complain much about the that matter, the Mississippi Rivers. pretty clear that they don’t. producers then. But now we are pretty I think we can find ways to establish So our challenge has been to address critical. We need a policy. clear rules to have some nuclear plants That is the opportunity we have in the concerns of the two Senators from that are safe, so they indeed can oper- this Congress—to really establish some Missouri in a way that recognizes their ate. They are very efficient. We talk of the byways and roadways to help us legitimate questions regarding the about the environment. They are achieve a reduction on our dependency Corps’ intent on management, and also friendly to the environment. We need on foreign oil. We need to move toward to recognize that there are stretches of to do something. Of course, if we are changes in consumption and in the way the river both affecting the Mississippi going to do that, as they do in France we travel. I have no objection to that. in downstream States as well as all of and the Scandinavian countries, we can The fact is, that is going to take time. the upstream States that also must be recycle the waste, or at least after a The economy, the prosperity, and the addressed, that also have to be worked number of years we can have a waste security of this country depends a out, that have to be recognized and storage at Yucca Mountain, NV. This great deal on an ample and available achieved in some way. administration has resisted that en- energy source. It requires an energy We have gone to our distinguished tirely, as have many Members on the policy. It requires the administration colleagues on the other side on a num- other side of the aisle. to step up to the plate and work with ber of occasions indicating a willing- So these are all things that could be this Congress to continue to work to ness to compromise, indicating a will- done and are being talked about. We establish an energy policy. ingness to sit down to try to find a way are talking about breaching dams. I That is our task. That is our chal- to resolve this matter. I must say, we think everybody wants to look for al- lenge. I think it is a necessary move- have been rebuffed at every one of ternative sources. We ought to use ment in order to continue to have free- those efforts. So we are left today with wind and solar. But the fact is that dom and economic prosperity. no choice. those really generate now about 2 per- I yield the floor. I suggest the ab- What I hope will happen is that we cent of the total usage that we have. sence of a quorum. can vote in opposition to the bill in Maybe they will do more one of these The PRESIDING OFFICER. The numbers sufficient enough to indicate days. I hope they do. We have some of clerk will call the roll. our ability to sustain a veto; the Presi- that in my State as well. As a matter The legislative clerk proceeded to dent will then veto this legislation, as of fact, my business built a building call the roll. he has now noted publicly and pri- about 20 years ago, and we fixed it up Mr. DASCHLE. Madam President, I vately on several occasions; and that with solar power. I have to admit it ask unanimous consent that the order we come down together to the White didn’t work very well. It works better for the quorum call be rescinded. House, or anywhere else, work out a

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9573 compromise, work out some suitable The PRESIDING OFFICER. Is there If we create a loophole here, there solution that accommodates the Sen- objection? will be pressure to create another loop- ators from Missouri as well as all other Without objection, it is so ordered. hole somewhere else. And then an- Senators on the river. That is all we The Senator from Montana is recog- other. Before you know it, the law will are asking. nized. be shredded into tatters. It is unfortunate that it has to come Mr. BAUCUS. Madam President, I We all know the Endangered Species to this, to a veto. I warned that it strongly urge my colleagues to vote Act is not perfect. I believe we need to would if we were not able to resolve it. against adoption of the Conference Re- reform it so it will work better for I am disappointed we are now at a port for the Energy and Water Appro- landowners and for species. point where that appears to be the only priations. Section 103 is an anti-envi- We are working hard to pass returns, option available to us. ronmental rider that prevents the but those reforms haven’t passed. So Before he came to the floor, I pub- sound management of the Missouri the Endangered Species Act remains licly commended the chair of the En- River. the law of the land, and we have to re- ergy and Water Subcommittee for his As my colleagues will recall, during spect it. And so should the Corps. work. And I will say so privately to my Senate consideration of this bill last Forget about the species for a colleagues that what he has done and month, Senator DASCHLE and I pro- minute. Think about basic fairness. We what the ranking member has done is posed to delete this provision. Unfortu- require private landowners to comply laudable and ought to be supported. nately we were not successful. with the Endangered Species Act. Now, rather than attempting to work But the overriding concern is a concern Why should the Federal Government out a compromise, the conferees have that has been addressed now on several get a free pass? included the very same language in the The answer is, they should not. The occasions. It was my hope that it was a conference report before us tonight. Army Corps of Engineers should be concern that could have been addressed I will not repeat all of the arguments held to the same standard as everybody in a way that would have avoided the made in the earlier debate about why need for a veto. Unfortunately, that is this amendment is bad for the river else, and the Corps agrees. We have a public process in place, to not the case. So we are left with no and the people of my state. The impor- carefully revise the master manual. choice, Madam President. I regret that tant point is, nothing has changed It’s been underway for 10 years. fact. from that debate and the need to re- Now, at the last minute, when the I hope that my colleagues will under- move this rider remains as true today end is in sight, a rider in an appropria- stand that this legislation is impor- as it did then. tant. I hope after the veto, after it is First, the Army Corps of Engineers is tions bill would derail the process by sustained—if that is required—we can managing the Missouri River on the taking one of the alternatives right off go back, get to work, and find the com- basis of a master manual that was the table. That’s not fair. It’s not right. It’s not promise that I have been seeking now written in 1960 and hasn’t changed the way we ought to make this deci- for weeks, and find a way with which much since then. to move this legislation along. Today, conditions are much different. sion. I yield the floor. Priorities are different. Instead, we should give the open The PRESIDING OFFICER. The Sen- Under the current master manual—40 process that we began ten years ago a ator from New Mexico. years old—water levels in Ft. Peck chance to work. Mr. DOMENICI. Could I make a par- lake are often drawn down in the sum- We should give people an opportunity liamentary inquiry? mer months, largely to support barge to comment on the biological opinion Are we scheduled by unanimous con- traffic downstream, which is an indus- and the environmental impact state- sent to vote at 5:30 on the conference try that is dying and, according to the ment. report? Corps’ own analysis, has much less eco- So the final decision will not be made The PRESIDING OFFICER. The Sen- nomic value than the recreation value in a vacuum. ator is correct. upstream. But this rider makes a mockery of Mr. DASCHLE. Madam President, These drawdowns have occurred time that process. The rider allows for an will the Senator from New Mexico and time again. Their effect is dev- extensive period for public comment. yield? astating: Moving ramps to put boats in But then it prohibits the public agen- Mr. DOMENICI. I am pleased to the lake a mile away, severely curtail cies from acting on those comments. yield. boating and fishing that are enjoyed by A better way is to allow the agencies Mr. DASCHLE. As I understand it, thousands of Montanans and tourists and the affected parties to continue to the senior Senator from Montana alike. They also reduce the numbers of work together to strike a balance to would like a minute or two to talk on walleye, sturgeon, and other fish. manage this mighty and beautiful this subject. Perhaps it would be better The drawdowns are the big reason river: for upstream states, for down- for him to do it now, and then you why eastern Montana has been getting stream states, and for the protection of could close the debate, if that would be an economic raw deal for years. More endangered species; that is, for all of appropriate. balanced management of the Missouri us. Mr. DOMENICI. I was just going to River, which takes better account of Mrs. BOXER. Madam President, ask. I saw him on the floor and he men- upstream economic benefits, is abso- along with many of my colleagues, I tioned he might want to speak. I need lutely critical to reviving the economy voted in support of an amendment to about 6 minutes, so could you take the in that part of our State. the energy and water appropriations intervening time before the 6 minutes? Now there has been some talk that bill when it moved through the Senate Mr. BAUCUS. I say to my colleague, the proposed split season will affect hy- to strike an anti-environment rider I need only 5 or 6 minutes. dropower production. While detailed from that bill. Unfortunately, that Mr. DOMENICI. I only need about 6 studies are not yet complete, in fact, amendment failed and the rider re- minutes. I will yield the rest to the the Corps estimates that the split sea- mains in the conference report we con- Senator. son will have ‘‘essentially no impact to sider today. Mr. BAUCUS. I inquire of the minor- the total hydropower benefits.’’ So For that reason, I must vote against ity leader and the Senator from New there really should be no doubt. The this legislation. I understand that the Mexico if we could get perhaps an extra split season is a better deal for Mon- President has indicated that he will 5 minutes before the vote. tana. It is a better deal for the whole veto this legislation because of this Mr. DASCHLE. Madam President, it river. antienvironment provision. appears we have 10 minutes remaining Of course, this rider is about more The antienvironment rider included before the vote. than just Ft. Peck. in this bill stops changes in the man- I ask unanimous consent that the It also prevents the Corps of Engi- agement of the Missouri River called vote occur at 5:32 and the time be neers from obeying the law of the land. for by existing law. Those changes equally divided. Specifically, the Endangered Species would ensure that the river is managed Mr. DOMENICI. Thank you. Act. not only for navigation, but also for

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9574 CONGRESSIONAL RECORD — SENATE October 2, 2000 the benefit of the fish and wildlife that specific California project. I wanted to that effort. Instead we are saying full depend on the river for survival. state for the RECORD that I will correct steam ahead. It is critical that those changes go my statement that will be included on It is true that part of the money, $69 into effect promptly because without my Senate web page and remove this million, is held back until DOE ar- them several endangered species may reference to the CALFED project. ranges for studies of some of these become extinct. Mr. ROBB. Madam President, I in- issues and certifies that the program is The Missouri River management tend to vote against the energy and on schedule and on budget. These changes that this antienvironment water appropriations conference report issues are critical to future Congres- rider blocks are called for by a 600-page this afternoon. I support the vast ma- sional action on NIF. Unfortunately, Fish and Wildlife Service study. The jority of the bill, in fact, there are a the bill does not clearly specify who study is itself based upon hundreds of number of projects I have worked for will conduct those studies. published peer-reviewed studies, and years to have included. But, once I wish we could entrust DOE with would modify the 40-year-old Corps of again, in addition to those projects, an these reviews, but history suggests Engineers policy of managing the flows anti-environmental rider was also at- they have not earned our trust. A re- of the Missouri River primarily to ben- tached to this legislation. cent article in the journal Nature de- efit a $7 million downstream barge in- The President has announced his in- scribes ten years of failed peer review dustry. tention to veto this bill because of that on this project: so-called ‘‘inde- That old Corps policy is largely re- anti-environmental rider. So we will be pendent’’ reports that were not inde- sponsible for the endangerment of back here in the next few days consid- pendent, that were written by stacked three species—the piping plover, the ering this legislation again. And I have panels with conflicts of interest, that least interior tern, and the pallid stur- been assured that when we take up this even were edited by project officials. A geon—that depend upon the river for legislation again, our Virginia projects recent GAO report notes that reviews survival. Two other fish species are will be included, since they are not the ‘‘did not discover and report on NIF’s also headed toward extinction. subject of the dispute. I hope that in fundamental project and engineering It is very unfortunate that this provi- the intervening period, we can remove problems, bringing into question their sion was included in a bill that other- the rider which would prevent the comprehensiveness and independence.’’ wise has much to commend it. Corps of Engineers from reviewing its DOE is currently under threat of a sec- I appreciate the conferees’ hard work procedures to protect the Missouri ond lawsuit regarding violations of the in crafting a bill that funds several im- river and its environment. Federal Advisory Committee Act in portant California priorities. The Ham- Mr. HARKIN. Madam President, I NIF studies. ilton Wetlands Project funded in this rise today in continuing concern over We need a truly independent review. bill would restore approximately 1,000 the National Ignition Facility, a mas- I am pleased that the Chairman and acres to wetlands and wildlife habitat sive stockpile stewardship facility Ranking Member agreed to join me in at Hamilton Army Airfield. The Amer- being built at the Department of Ener- a colloquy on this concern, and hope ican River Common Elements funded gy’s Lawrence Livermore Labs in Cali- the studies mandated in this bill will in this bill would result in 24 miles of fornia. This program has been beset by be fully independent and credible. Oth- levee improvements along the Amer- cost overruns, delays, and poor man- erwise, I fear that the $199 million we ican River and 12 miles of improve- agement. The House in its Energy & are appropriating will be poured down ments along the Sacramento River lev- Water bill included $74.1 million for a bottomless pit with the $800 million ees, flood gauges upstream of Folsom construction of NIF. The Senate adopt- already spent. We’ve seen this happen Dam, and improvements to the flood ed an amendment I offered that capped too many times, with the Super- warning system along the lower Amer- spending at the same level, and also re- conducting Supercollider, the Clinch ican River. Finally, the Solana Beach- quested an independent review of the River Breeder Reactor, the Space Sta- Encinitas Shoreline Feasibility Study project from the National Academy of tion, and on and on. I will continue to funded in this bill would assist both Sciences. strive to protect our taxpayers, keep cities in their efforts to battle beach I know the Chairman and Ranking our nuclear stockpile safe, and end erosion, and would provide needed data Member of the Subcommittee each wasteful spending on NIF before more for the restoration of these beaches. have their own concerns about NIF, billions are spent. Projects such as these are extremely and I greatly appreciate their efforts to Mr. ASHCROFT. Madam President, I important to California. bring this program under control. But rise today in support of the conference Because of these and the other bene- frankly I am disappointed in what has report on the energy and water appro- fits of this bill for California, I find it come out of conference. The funding priations bill. This is a very important unfortunate that I must vote against for NIF construction has risen from $74 bill, for it contains a provision that this legislation. I do so, however, be- million to $199 million. $74 million in will protect the citizens of Missouri cause a vote for this bill is a vote to the House, $74 million in the Senate, from a risky Administration scheme to support an antienvironment rider that and $199 million out of conference. flood the Missouri River Basin. Section may well lead to the irreversible dam- That is a lot of money to spend on a 103 of this bill is a provision that is age of causing the extinction of several program that is out of control. Pro- necessary for the millions of Ameri- endangered species. jected costs of constructing this facil- cans who live and work along the Mis- I expect that this legislation will be ity have almost doubled in the last souri and Mississippi Rivers. This is taken up by the Senate without this year. We don’t know if the optics will the section of the bill that was subject rider in the next few weeks, and that work. We don’t know how to design the to an amendment to strike when the we will move forward with important target. Even if the technical problems Senate considered this legislation on energy and water projects without are solved, we don’t know if the Na- September 7, 2000. The Senate defeated doing irreversible damage to our envi- tional Ignition Facility will achieve ig- the attempt to strike at that time, and ronment. nition. We don’t even know if this fa- I want to thank the subcommittee Mr. MCCAIN. Madam President, dur- cility is needed. DOE’s recent ‘‘rebase- chairman, Senator DOMENICI, for main- ing a statement I made on the Senate lining’’ specified massive budget in- taining Section 103 in the conference floor today regarding various pork-bar- creases for NIF for several years, but, report now before us. rel spending in the final conference re- despite Congressional requests, did not Madam President, as you know, the port for the FY 2001 energy and water say where this money would come from use of the Missouri River is governed appropriations, I incorrectly referred or what impact it would have on the by what is known as the Missouri River to a $20 million earmark for the stockpile stewardship program. Master Manual. Right now, there is an CALFED Bay-Delta restoration This is the time to slow down, con- effort underway to update that man- project. I was informed by the Senate duct some independent studies, recon- ual. The specific issue that is at the Energy and Natural Resources Com- sider how we can best maintain the nu- crux of the debate over Section 103 is mittee that the conference agreement clear weapons stockpile and whether what is called a spring rise. A spring does not include any funding for this this risky program really is critical to rise, in this case, is a release of huge

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9575 amounts of water from above Gavins this provision four times previously, he Section 103 protects citizens of Mis- Point Dam on the Nebraska-South Da- will be sending a very clear message to souri and other states from dangerous kota border during the flood-prone the citizens of the Midwest. It is very flooding while allowing for cost effi- spring months. easy to understand. Unfortunately, it cient transportation of grain and In an effort to protect the habitat of would be very hard to digest and ac- cargo. the pallid sturgeon, the least tern, and commodate. But the message would be Section 103 is supported by bipartisan the piping plover, the U.S. Fish and this: The Clinton-Gore administration group representing farmers, manufac- Wildlife Service issued an ultimatum is willing to flood downstream commu- turers, labor unions, shippers, citizens to the Army Corps of Engineers insist- nities as part of an unscientific, risky and port authorities from 15 Midwest ing that the Corps immediately agree scheme that will hurt, not help, the en- states. to its demand for a spring rise. The dangered species it seeks to protect. If Also supporting Section 103 are Corps was given one week to respond to that is the message, I wouldn’t want to major national organizations including the request of Fish and Wildlife for im- be the messenger. the American Farm Bureau, American mediate implementation of a spring The President’s Chief of Staff, Mr. Waterways associations, National rise. The Corps’ response was a rejec- Podesta, made a number of interesting, Grange, and the National Soybean As- tion of the spring rise proposal, and yet untrue, claims in his veto threat sociation. they called for further study of the ef- letter. We have corrected and clarified The strong support for Section 103 fect of the spring rise. these points before, but allow me to do and against the spring rise undermines The language in section 103 will allow so again, in the hope that the adminis- the administration’s claim that the for the studies the Corps recommends. tration will reconsider its position Master Manual must be immediately Section 103, inserted in the bill during when confronted with the real facts on changed. In addition to the illusory argument the subcommittee markup, is a com- this issue. that the spring rise is necessary to pro- monsense provision that states in its First, the administration claims in tect endangered species, some advo- entirety: its veto letter that section 103 would, cates of the spring rise claim that this None of the funds made available in this ‘‘prevent the Corps from carrying out a plan is a return to more ‘‘natural flow act may be used to revise the Missouri River necessary element of any reasonable conditions’’ and that the river should Master Water Control Manual if such provi- and prudent alternative to avoid jeop- be returned to its condition at the time sions provide for an increase in the spring- ardizing the continued existence of the time water release program during the of the Lewis and Clark expedition. spring heavy rainfall and snow melt period endangered least tern, pallid sturgeon, Not only is this unrealistic because in States that have rivers draining into the and the piping plover.’’ This statement the Midwest was barely habitable be- Missouri River below the Gavins Point Dam. is false. cause of the erratic flooding conditions This policy—this exact language— Under section 103, alternatives can be at that time, according to Dr. Engeln has been included in the last four en- studied and all alternatives can be im- of the Missouri DNR, the proposal ergy and water appropriations bills, all plemented—with the exception of a would benefit artificial reservoirs at of which the President signed without spring rise. the expense of the river and create flow opposition. Let’s look at the support What is ironic is that spring flooding conditions that have never existed that the Energy and Water appropria- could hurt the wildlife more than it along the river in Iowa, Nebraska, Kan- tions bills, with the exact same lan- will protect them. And it will do so in sas, and Missouri. guage, have enjoyed in the past. a way that will increase the risks of Over 90 organizations representing In October, 1995, the Senate agreed to downstream flooding and interferes farmers, shippers, cities, labor unions, the energy and water appropriations with the shipment of cargo on our na- and port authorities recently sent a conference report by a bipartisan vote tion’s highways. letter to Congress saying: ‘‘The spring of 89–6. Dr. Joe Engeln, assistant director of rise demanded by the Fish and Wildlife In September, 1996, the Senate agreed the Missouri Department of Natural Service is based on the premise that we to the energy and water appropriations Resources, stated in a June 24 letter should ‘replicate the natural conference report by a bipartisan vote that there are several major problems hydrograph’ that was responsible for of 92–8. with the Fish and Wildlife Service’s devastating and deadly floods as well In September, 1998, the Senate agreed proposed plan that may have the per- as summertime droughts and even to the energy and water appropriations verse effect of harming the targeted dustbowls.’’ conference report by unanimous con- species rather than helping them. I think it is pretty clear that there is sent. In his letter, he writes that, ‘‘the not sound science to support some pro- In September, 1999, the Senate agreed higher reservoir levels [that would re- tection of these species. There is a to the energy and water appropriations sult from a spring rise] would also re- clear disagreement among scientists, conference report by a bipartisan vote duce the habitat for the terns and plov- and a strong argument that the imple- of 96–3. ers that nest along the shorelines of mentation of this plan would, in fact, In addition, this year, the Senate the reservoirs.’’ damage the capacity of some of these voted 93–1 in favor of final passage of Dr. Engeln also points out that be- species to continue. the energy and water appropriations cause the plan calls for a significant I urge the Senate to support this con- bill on September 7, 2000, following the drop in flow during the summer, preda- ference report. I ask the President to defeat of the amendment to strike Sec- tors will be able to reach the islands rethink his threatened veto and side tion 103. upon which the terns and plovers nest, with the bipartisan consensus to pro- This lengthy record of support is part giving them access to the young still in tect the citizens living and working in of the reason I am shocked and as- the nests. the lower Missouri River Basin from tounded to report that last week, the Second, the administration claims the Fish and Wildlife Service’s plan to President’s Chief of Staff, John Pode- that the Missouri Master Manual is flood the region. sta, sent a letter to the Energy and outdated and, ‘‘does not provide and The PRESIDING OFFICER. The Sen- Water Appropriations Subcommittee appropriate balance among the com- ator from New Mexico. chairman stating that the President peting interests, both commercial and Mr. DOMENICI. Madam President, I would veto this bill if section 103 is in- recreational, of the many people who rise to tell the Senate this is a good cluded. In other words, the Clinton- seek to use this great American river.’’ bill. I hope we will pass it. Gore administration is threatening to This, also, is untrue. The Senate passed this bill 97–1. It veto the entire energy and water ap- This administration’s plan for ‘‘con- went to conference. Obviously, there propriations bill if it contains language trolled flood’’ or spring rise places were some changes made in conference to protect the lives and property of all every citizen who lives or works down- but clearly not significant enough to citizens living and working along the stream from the point of release in have somebody vote against this bill. lower Missouri and Mississippi Rivers. jeopardy by disturbing the balance at a When the call of the roll occurs, we If the President follows through with time when downstream citizens are are going to hear that a number of Sen- a veto of the bill, after having signed most vulnerable to flooding. ators on the other side of the aisle are

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9576 CONGRESSIONAL RECORD — SENATE October 2, 2000 going to vote against the bill. I hope defense, which has been passed. And Mr. BAUCUS. Madam President, I everybody understands that most of this, which you can see from this year very much admire the work and the ef- them have asked for things in this bill, to this year to this year, not very big fort the Senator from New Mexico has and they have been granted things in changes compared to the other parts of put into this bill, and I hope after the this bill their States desperately need. the budget, this is what the 11 appro- President vetoes this bill, and it is sus- I don’t know how all that will work priations bills will amount to more or tained, we can work out this one prob- out, but they are being asked to vote less, including this one. lem so we can get the bill passed. against this because the President of It means that one-sixth of the Fed- Mr. DOMENICI. I thank the Senator. the United States, after signing similar eral budget is at issue when we discuss Madam President, have the yeas and language regarding the Missouri River the 11 appropriations bills that remain. nays been ordered? four different times, has suggested that Two of them were defense, and they be- The PRESIDING OFFICER. They this year, if it is in this bill, he will long in this portion of the budget. But have not. veto it. if you look out, as we try to project Mr. DOMENICI. Madam President, I This bill has taken much work on the 2005 and beyond, to see what keeps ask for the yeas and nays on final pas- defense side; that is, for the nuclear de- growing even though we are paying sage. terrent, nuclear weapons activities of down the national debt, the entitle- The PRESIDING OFFICER. Is there a America, and those activities related ment programs keep growing. And the sufficient second? to it that have to do with nonprolifera- difference in this part, the purple part, There is a sufficient second. tion. We have done an excellent job in is rather insignificant in terms of The question is on agreeing to the increasing some of the very important growth. conference report. work of these National Laboratories This bill is slightly over the Presi- The clerk will call the roll. and our nuclear defense deterrent, peo- dent’s budget in the nuclear deterrent, The legislative clerk called the roll. ple, equipment, and facilities. Sooner nuclear laboratory, nuclear weapons Mr. NICKLES. I announce that the or later many more Senators are going activities, and is slightly over the Senator from Utah, (Mr. HATCH) and to have to recognize the significance of President on all of the water projects. the Senator from Minnesota (Mr. that part of this bill. I failed to mention the science projects GRAMS) are necessarily absent. The second part of it has to do with that are in this bill, which are non- I further announce that, if present nondefense discretionary appropria- defense projects. They go on at all of and voting, the Senator from Utah (Mr. tions; that is, mostly water and water the laboratories, and they are the cut- HATCH) would vote ‘‘yea.’’ projects across this great land. Many of ting edge of real science across Amer- Mr. REID. I announce that the Sen- them are in here for Senators on the ica—in this bill we are talking about. ator from California (Mrs. FEINSTEIN), Democrat side of the aisle. We were All of these, this and 11 others, belong the Senator from Massachusetts (Mr. pleased to work with them on that. in this small amount. Even for those KENNEDY), the Senator from Con- I hope the bill will get sent to the who think it is growing too much, our necticut (Mr. LIEBERMAN), and the Sen- President and we will be able to work projections beyond the year 2005 are ator from Oregon (Mr. WYDEN) are nec- something out with reference to the that it still will be a very small portion essarily absent. Missouri River. The President indi- of our Federal budget with a very large I further announce that, if present cates now that he doesn’t want that amount going to entitlements. and voting, the Senator from Massa- paragraph, that provision, so-called I wish I had one more I could predict, chusetts (Mr. KENNEDY) would vote section 103, in this bill. I am not going the surpluses along here, because I ‘‘no.’’ to argue as eloquently as KIT BOND, the don’t believe you need to worry about The PRESIDING OFFICER. Are there Senator from Missouri, did with ref- having adequate surpluses to take care any other Senators in the Chamber de- erence to why that provision should be of priorities in the future, to take care siring to vote? in the bill. But I can say that a compel- of Medicare, prescription drugs, and The result was announced—yeas 57, ling majority of Senators agreed with Medicare reform. Nor do I think there nays 37, as follows: him when we had a vote on it, and then will be a shortage of money, some of [Rollcall Vote No. 261 Leg.] agreed to vote on final passage which which we should give back to the YEAS—57 included that. American people before we spend it. Abraham Enzi Miller To make sure everybody understands My closing remarks have to do with Allard Fitzgerald Murkowski a little bit about where we have been what should we do with the great sur- Ashcroft Frist Murray and where we are going, I will not talk plus the American people are giving us Bennett Gorton Nickles Bingaman Gramm Roberts much about this chart, except I will by way of taxes, which they have never Bond Grassley Roth ask that we take a quick look at the paid so much of in the past. I look to Brownback Gregg Santorum orange part of this chart. You see how the person who had most to do with our Bunning Hagel Sessions great thriving economy, Dr. Alan Burns Helms Shelby big that keeps growing while people Byrd Hutchinson Smith (NH) worry about this bill, and legitimately Greenspan. He mentions three things Campbell Hutchison Smith (OR) so. Senator MCCAIN argues that per- to us: First, you should put as much of Chafee, L. Inhofe Snowe haps there are some things in this bill it as you can on the national debt. The Cochran Jeffords Specter second thing is, you should give the Collins Kyl Stevens that should not be in it. He may be Craig Lincoln Thomas right. people back some of it by way of taxes. Crapo Lott Thompson Let me tell my colleagues, when you That is the second best thing. He com- DeWine Lugar Thurmond have to put something together for a ments, ‘‘If you are going to look at the Domenici Mack Voinovich whole House and a whole Senate, some- big picture, the worst thing you can do Edwards McConnell Warner times you have to do some things that with the surplus for the future of our NAYS—37 maybe one Senator wouldn’t want children and grandchildren is to spend Akaka Feingold McCain done. it on new programs.’’ Baucus Graham Mikulski So I suggest we all ought to be wor- Bayh Harkin Moynihan This orange shows what is happening Biden Hollings ried about the future. But today we Reed to the American budget of late. This is Boxer Inouye Reid the 2000 estimate, the orange part of ought to get an appropriation bill Breaux Johnson Robb the entitlements and interest we pay in passed. I hope our people will under- Bryan Kerrey Rockefeller Cleland Kerry Sarbanes our budget for the people. See how it stand that in spite of the plea from the Conrad Kohl Schumer continues to grow. The yellow is the minority leader that you vote against Daschle Landrieu Torricelli it because of the Missouri language, we Dodd Lautenberg Defense Department. If you will focus Wellstone for a moment on this purple piece, that can pass it today and see if in the next Dorgan Leahy Durbin Levin number, $319 billion out of a budget of few days we can work something out $1.8 trillion, is the 11 appropriations with the President if he remains dedi- NOT VOTING—6 bills that have not yet been passed. cated to vetoing this bill over the one Feinstein Hatch Lieberman May I point it out again. This is the issue of which the Senator from Mon- Grams Kennedy Wyden entitlements plus the interest. This is tana spoke. The conference report was agreed to.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9577 Mr. DOMENICI. Madam President, I Sec. 304. POW/MIA analytic capability with- 2002 through 2005 for the conduct in each move to reconsider the vote. in the intelligence community. such fiscal year of the intelligence and intel- Mr. MACK. I move to lay that mo- Sec. 305. Applicability to lawful United ligence-related activities of the following tion on the table. States intelligence activities of elements of the United States Government: Federal laws implementing (1) The Central Intelligence Agency. The motion to lay on the table was international treaties and (2) The Defense Intelligence Agency. agreed to. agreements. (3) The National Security Agency. Mr. LOTT. Madam President, I sug- Sec. 306. Limitation on handling, retention, (4) The National Reconnaissance Office. gest the absence of a quorum. and storage of certain classified SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- The PRESIDING OFFICER. The materials by the Department of TIONS. clerk will call the roll. State. (a) SPECIFICATIONS OF AMOUNTS AND PER- The legislative clerk proceeded to Sec. 307. Clarification of standing of United SONNEL CEILINGS.—The amounts authorized call the roll. States citizens to challenge cer- to be appropriated under section 101, and the tain blocking of assets. Mr. LOTT. Mr. President, I ask unan- authorized personnel ceilings as of Sep- Sec. 308. Availability of certain funds for ad- tember 30, 2001, for the conduct of the intel- imous consent that the order for the ministrative costs of ligence and intelligence-related activities of quorum call be rescinded. Counterdrug Intelligence Exec- the elements listed in such section, are those The PRESIDING OFFICER. Without utive Secretariat. specified in the classified Schedule of Au- objection, it is so ordered. TITLE IV—CENTRAL INTELLIGENCE thorizations prepared to accompany the con- Mr. LOTT. Mr. President, we have AGENCY ference report on the bill llll of the One been working on a number of issues. I Sec. 401. Expansion of Inspector General ac- Hundred Sixth Congress. want to enter one, and then we will tions requiring a report to Con- (b) AVAILABILITY OF CLASSIFIED SCHEDULE have another quorum call while we gress. OF AUTHORIZATIONS.—The Schedule of Au- Sec. 402. Subpoena authority of the Inspec- thorizations shall be made available to the conclude some other agreements. The Committees on Appropriations of the Senate first has to do with the intelligence au- tor General. Sec. 403. Improvement and extension of cen- and House of Representatives and to the thorization bill. Obviously, this is very tral services program. President. The President shall provide for important legislation. It has been Sec. 404. Details of employees to the Na- suitable distribution of the Schedule, or of agreed to on both sides. tional Reconnaissance Office. appropriate portions of the Schedule, within the Executive Branch. f Sec. 405. Transfers of funds to other agencies for acquisition of land. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. INTELLIGENCE AUTHORIZATION Sec. 406. Eligibility of additional employees (a) AUTHORITY FOR ADJUSTMENTS.—With ACT FOR FISCAL YEAR 2001 for reimbursement for profes- the approval of the Director of the Office of Mr. LOTT. Mr. President, I ask unan- sional liability insurance. Management and Budget, the Director of TITLE V—DEPARTMENT OF DEFENSE Central Intelligence may authorize employ- imous consent that the Senate proceed ment of civilian personnel in excess of the to the consideration of Calendar No. INTELLIGENCE ACTIVITIES ø number authorized for fiscal year 2001 under 654, S. 2507. Sec. 501. Two-year extension of authority section 102 when the Director of Central In- The PRESIDING OFFICER. The to engage in commercial activi- telligence determines that such action is clerk will report the bill by title. ties as security for intelligence necessary to the performance of important collection activities. intelligence functions, except that the num- The legislative clerk read as follows: øSec. 502. Nuclear test monitoring equip- ber of personnel employed in excess of the A bill (S. 2507) to authorize appropriations ment. number authorized under such section may for fiscal year 2001 for intelligence and intel- øSec. 503. Experimental personnel manage- not, for any element of the intelligence com- ligence-related activities of the United ment program for technical munity, exceed two percent of the number of States Government, the Community Man- personnel for certain elements civilian personnel authorized under such sec- agement Account, and the Central Intel- of the intelligence community.¿ tion for such element. ligence Agency Retirement and Disability Sec. 501. Prohibition on transfer of imagery an- (b) NOTICE TO INTELLIGENCE COMMITTEES.— System, and for other purposes. alysts from General Defense Intel- The Director of Central Intelligence shall There being no objection, the Senate ligence Program to National Im- promptly notify the Select Committee on In- proceeded to consider the bill which agery and Mapping Agency Pro- telligence of the Senate and the Permanent gram. Select Committee on Intelligence of the had been reported from the Select Sec. 502. Prohibition on transfer of collection House of Representatives whenever the Di- Committee on Intelligence with management personnel from Gen- rector exercises the authority granted by amendments to omit the parts in black eral Defense Intelligence Program this section. brackets and insert the parts printed in to Community Management Ac- italic. count. SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. (a) AUTHORIZATION OF APPROPRIATIONS.— S. 2507 Sec. 503. Authorized personnel ceiling for Gen- eral Defense Intelligence Program. (1) IN GENERAL.—There is authorized to be Be it enacted by the Senate and House of Rep- Sec. 504. Measurement and signature intel- appropriated for the Community Manage- resentatives of the United States of America in ligence. ment Account of the Director of Central In- Congress assembled, telligence for fiscal year 2001 the sum of TITLE I—INTELLIGENCE ACTIVITIES SECTION 1. SHORT TITLE; TABLE OF CONTENTS. $232,051,000. (a) SHORT TITLE.—This Act may be cited as SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (2) AVAILABILITY FOR ADVANCED RESEARCH the ‘‘Intelligence Authorization Act for Fis- (a) AUTHORIZATION OF APPROPRIATIONS FOR AND DEVELOPMENT COMMITTEE.—Within the cal Year 2001’’. FISCAL YEAR 2001.—Funds are hereby author- amount authorized to be appropriated in (b) TABLE OF CONTENTS.—The table of con- ized to be appropriated for fiscal year 2001 for paragraph (1), amounts identified in the clas- tents for this Act is as follows: the conduct of the intelligence and intel- sified Schedule of Authorizations referred to ligence-related activities of the following Sec. 1. Short title; table of contents. in section 102(a) for the Advanced Research elements of the United States Government: and Development Committee shall remain TITLE I—INTELLIGENCE ACTIVITIES (1) The Central Intelligence Agency. available until September 30, 2002. Sec. 101. Authorization of appropriations. (2) The Department of Defense. (b) AUTHORIZED PERSONNEL LEVELS.—The Sec. 102. Classified schedule of authoriza- (3) The Defense Intelligence Agency. elements within the Community Manage- tions. (4) The National Security Agency. ment Account of the Director of Central In- Sec. 103. Personnel ceiling adjustments. (5) The National Reconnaissance Office. telligence are authorized a total of 618 full- Sec. 104. Community Management Account. (6) The National Imagery and Mapping time personnel as of September 30, 2001. Per- TITLE II—CENTRAL INTELLIGENCE Agency. sonnel serving in such elements may be per- AGENCY RETIREMENT AND DIS- (7) The Department of the Army, the De- manent employees of the Community Man- ABILITY SYSTEM partment of the Navy, and the Department agement Account element or personnel de- of the Air Force. tailed from other elements of the United Sec. 201. Authorization of appropriations. (8) The Department of State. States Government. TITLE III—GENERAL PROVISIONS (9) The Department of the Treasury. (c) CLASSIFIED AUTHORIZATIONS.— Sec. 301. Increase in employee compensation (10) The Department of Energy. (1) AUTHORIZATION OF APPROPRIATIONS.—In and benefits authorized by law. (11) The Federal Bureau of Investigation. addition to amounts authorized to be appro- Sec. 302. Restriction on conduct of intel- (b) AUTHORIZATION OF APPROPRIATIONS FOR priated for the Community Management Ac- ligence activities. CERTAIN ELEMENTS FOR FISCAL YEARS 2002 count by subsection (a), there is also author- Sec. 303. Prohibition on unauthorized disclo- THROUGH 2005.—Funds are hereby authorized ized to be appropriated for the Community sure of classified information. to be appropriated for each of fiscal years Management Account for fiscal year 2001

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9578 CONGRESSIONAL RECORD — SENATE October 2, 2000 such additional amounts as are specified in (2) by inserting after section 798 the fol- ‘POW/MIA analytic capability of the intel- the classified Schedule of Authorizations re- lowing new section 798A: ligence community’. ferred to in section 102(a). ‘‘§ 798A. Unauthorized disclosure of classified ‘‘(b) SCOPE OF RESPONSIBILITY.—The re- (2) AUTHORIZATION OF PERSONNEL.—In addi- information sponsibilities of the analytic capability maintained under subsection (a) shall— tion to the personnel authorized by sub- ‘‘(a) PROHIBITION.—Whoever, being an offi- ‘‘(1) extend to any activities of the Federal section (b) for elements of the Community cer or employee of the United States, a Government with respect to prisoners of war Management Account as of September 30, former or retired officer or employee of the and missing persons after December 31, 1990; 2001, there is hereby authorized such addi- United States, any other person with author- and tional personnel for such elements as of that ized access to classified information, or any ‘‘(2) include support for any department or date as is specified in the classified Schedule other person formerly with authorized access agency of the Federal Government engaged of Authorizations. to classified information, knowingly and in such activities.’’. (d) REIMBURSEMENT.—Except as provided in willfully discloses, or attempts to disclose, section 113 of the National Security Act of any classified information to a person who is SEC. 305. APPLICABILITY TO LAWFUL UNITED 1947 (50 U.S.C. 404h), during fiscal year 2001, STATES INTELLIGENCE ACTIVITIES not both an officer or employee of the United any officer or employee of the United States OF FEDERAL LAWS IMPLEMENTING States and who is not authorized access to or member of the Armed Forces who is de- INTERNATIONAL TREATIES AND the classified information shall be fined not tailed to the staff of an element within the AGREEMENTS. more than $10,000, imprisoned not more than Community Management Account from an- The National Security Act of 1947 (50 other element of the United States Govern- 3 years, or both. U.S.C. 401 et seq.) is amended by adding at ‘‘(b) CONSTRUCTION OF PROHIBITION.—Noth- ment shall be detailed on a reimbursable the end the following: ing in this section shall be construed to es- basis, except that any such officer, em- ‘‘TITLE X—MISCELLANEOUS tablish criminal liability for disclosure of ployee, or member may be detailed on a non- ‘‘APPLICABILITY TO UNITED STATES INTEL- classified information in accordance with ap- reimbursable basis for a period of less than LIGENCE ACTIVITIES OF FEDERAL LAWS IM- plicable law to the following: one year for the performance of temporary PLEMENTING INTERNATIONAL TREATIES AND ‘‘(1) Any justice or judge of a court of the functions as required by the Director of Cen- AGREEMENTS tral Intelligence. United States established pursuant to article III of the Constitution of the United States. ‘‘SEC. 1001. (a) IN GENERAL.—No Federal (e) NATIONAL DRUG INTELLIGENCE CENTER.— law enacted on or after the date of the enact- ‘‘(2) The Senate or House of Representa- (1) IN GENERAL.—Of the amount authorized ment of the Intelligence Authorization Act tives, or any committee or subcommittee to be appropriated in subsection (a), for Fiscal Year 2001 that implements a trea- thereof, or joint committee thereof, or any $27,000,000 shall be available for the National ty or other international agreement shall be member of Congress. Drug Intelligence Center. Within such construed as making unlawful an otherwise ‘‘(c) DEFINITIONS.—In this section: amount, funds provided for research, devel- lawful and authorized intelligence activity ‘‘(1) The term ‘authorized’, in the case of opment, test, and evaluation purposes shall of the United States Government or its em- access to classified information, means hav- remain available until September 30, 2002, ployees, or any other person acting at their ing authority or permission to have access to and funds provided for procurement purposes direction to the extent such other person is shall remain available until September 30, the classified information pursuant to the carrying out such activity on behalf of the 2003. provisions of a statute, Executive Order, reg- United States, unless such Federal law spe- (2) TRANSFER OF FUNDS.—The Director of ulation, or directive of the head of any de- cifically addresses such intelligence activity. Central Intelligence shall transfer to the At- partment or agency who is empowered to ‘‘(b) AUTHORIZED ACTIVITIES.—An activity torney General of the United States funds classify information, an order of any United shall be treated as authorized for purposes of available for the National Drug Intelligence States court, or a provision of any Resolu- subsection (a) if the activity is authorized by Center under paragraph (1). The Attorney tion of the Senate or Rule of the House of an appropriate official of the United States General shall utilize funds so transferred for Representatives which governs release of Government, acting within the scope of the activities of the National Drug Intelligence classified information by the such House of official duties of that official and in compli- Center. Congress. ance with Federal law and any applicable (3) LIMITATION.—Amounts available for the ‘‘(2) The term ‘classified information’ Presidential directive.’’. National Drug Intelligence Center may not means information or material designated SEC. 306. LIMITATION ON HANDLING, RETEN- be used in contravention of the provisions of and clearly marked or represented, or that TION, AND STORAGE OF CERTAIN section 103(d)(1) of the National Security Act the person knows or has reason to believe CLASSIFIED MATERIALS BY THE DE- PARTMENT OF STATE. of 1947 (50 U.S.C. 403–3(d)(1)). has been determined by appropriate authori- (a) CERTIFICATION REGARDING FULL COMPLI- (4) AUTHORITY.—Notwithstanding any ties, pursuant to the provisions of a statute or Executive Order, as requiring protection ANCE WITH REQUIREMENTS.—The Director of other provision of law, the Attorney General Central Intelligence shall certify to the ap- shall retain full authority over the oper- against unauthorized disclosure for reasons of national security. propriate committees of Congress whether or ations of the National Drug Intelligence Cen- not each covered element of the Department ter. ‘‘(3) The term ‘officer or employee of the United States’ means the following: of State is in full compliance with all appli- TITLE II—CENTRAL INTELLIGENCE AGEN- ‘‘(A) An officer or employee (as those cable directives of the Director of Central In- CY RETIREMENT AND DISABILITY SYS- terms are defined in sections 2104 and 2105 of telligence, and all applicable Executive Or- TEM title 5). ders, relating to the handling, retention, or SEC. 201. AUTHORIZATION OF APPROPRIATIONS. ‘‘(B) An officer or enlisted member of the storage of covered classified materials. (b) LIMITATION ON CERTIFICATION.—The Di- There is authorized to be appropriated for Armed Forces (as those terms are defined in rector of Central Intelligence may not cer- the Central Intelligence Agency Retirement section 101(b) of title 10).’’. and Disability Fund for fiscal year 2001 the (b) CLERICAL AMENDMENT.—The table of tify a covered element of the Department of sum of $216,000,000. sections at the beginning of that chapter is State as being in full compliance with the di- TITLE III—GENERAL PROVISIONS amended by striking the item relating to rectives and Executive Orders referred to in subsection (a) if the covered element is cur- SEC. 301. INCREASE IN EMPLOYEE COMPENSA- section 798A and inserting the following new TION AND BENEFITS AUTHORIZED items: rently subject to a waiver of compliance with respect to any such directive or Execu- BY LAW. ‘‘798A. Unauthorized disclosure of classified Appropriations authorized by this Act for tive Order. information. (c) REPORT ON NONCOMPLIANCE.—Whenever salary, pay, retirement, and other benefits ‘‘798B. Temporary extension of section 794.’’. for Federal employees may be increased by the Director of Central Intelligence deter- SEC. 304. POW/MIA ANALYTIC CAPABILITY WITH- such additional or supplemental amounts as mines that a covered element of the Depart- IN THE INTELLIGENCE COMMUNITY. ment of State is not in full compliance with may be necessary for increases in such com- Title I of the National Security Act of 1947 pensation or benefits authorized by law. any directive or Executive Order referred to (50 U.S.C. 402 et seq.) is amended by adding in subsection (a), the Director shall prompt- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- at the end the following: LIGENCE ACTIVITIES. ly notify the appropriate committees of Con- The authorization of appropriations by ‘‘POW/MIA ANALYTIC CAPABILITY gress of such determination. this Act shall not be deemed to constitute ‘‘SEC. 115. (a) REQUIREMENT.—(1) The Direc- (d) EFFECTS OF CERTIFICATION OF NON-FULL authority for the conduct of any intelligence tor of Central Intelligence shall, in consulta- COMPLIANCE.—(1)(A) Effective as of January activity which is not otherwise authorized tion with the Secretary of Defense, establish 1, 2001, no funds authorized to be appro- by the Constitution or the laws of the United and maintain in the intelligence community priated by this Act may be obligated or ex- States. an analytic capability with responsibility for pended by the Bureau of Intelligence and Re- SEC. 303. PROHIBITION ON UNAUTHORIZED DIS- intelligence in support of the activities of search of the Department of State unless the CLOSURE OF CLASSIFIED INFORMA- the United States relating to prisoners of Director of Central Intelligence has certified TION. war and missing persons (as that term is de- under subsection (a) as of such date that (a) IN GENERAL.—Chapter 37 of title 18, fined in section 1513(1) of title 10, United each covered element of the Department of United States Code, is amended— States Code). State is in full compliance with the direc- (1) by redesignating section 798A as section ‘‘(2) The analytic capability maintained tives and Executive Orders referred to in 798B; and under paragraph (1) shall be known as the subsection (a).

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9579 (B) If the prohibition in subparagraph (A) ‘‘SEC. 811. STANDING OF UNITED STATES CITI- (1) in subsection (d)(1), by striking sub- takes effect in accordance with that subpara- ZENS TO CHALLENGE BLOCKING OF paragraph (E) and inserting the following graph, the prohibition shall remain in effect ASSETS. new subparagraph (E): until the date on which the Director certifies ‘‘No provision of this title shall be con- ‘‘(E) a description of the exercise of the under subsection (a) that each covered ele- strued to prohibit a United States citizen subpoena authority under subsection (e)(5) ment of the Department of State is in full from raising any challenge otherwise avail- by the Inspector General during the report- compliance with the directives and Execu- able to the United States citizen under sub- ing period; and’’; and tive Orders referred to in that subsection. chapter II of chapter 5 and chapter 7 of title (2) in subsection (e)(5), by striking subpara- (2)(A) Subject to subsection (e), effective as 5, United States Code (commonly referred to graph (E). of January 1, 2001, a covered element of the as the Administrative Procedure Act), or any (b) SCOPE OF AUTHORITY.—Subsection Department of State may not retain or store other provision of law, with respect to the (e)(5)(B) of that section is amended by strik- covered classified information unless the Di- blocking of assets by the United States ing ‘‘Government’’ and inserting ‘‘Federal’’. under this title.’’. rector has certified under subsection (a) as of SEC. 403. IMPROVEMENT AND EXTENSION OF such date that the covered element is in full SEC. 308. AVAILABILITY OF CERTAIN FUNDS FOR CENTRAL SERVICES PROGRAM. compliance with the directives and Execu- ADMINISTRATIVE COSTS OF (a) DEPOSITS IN CENTRAL SERVICES WORK- COUNTERDRUG INTELLIGENCE EX- tive Orders referred to in subsection (a). ING CAPITAL FUND.—Subsection (c)(2) of sec- ECUTIVE SECRETARIAT. (B) If the prohibition in subparagraph (A) tion 21 of the Central Intelligence Agency takes effect in accordance with that subpara- Notwithstanding section 1346 of title 31, United States Code, or section 610 of the Act of 1949 (50 U.S.C. 403u) is amended— graph, the prohibition shall remain in effect (1) by redesignating subparagraph (F) as until the date on which the Director certifies Treasury and General Government Appro- subparagraph (H); and under subsection (a) that the covered ele- priations Act, 2000 (Public Law 106–58; 113 (2) by inserting after subparagraph (E) the ment involved is in full compliance with the Stat. 467), funds made available for fiscal following new subparagraphs: directives and Executive Orders referred to year 2000 for any department or agency of ‘‘(F) Receipts from individuals in reim- in that subsection. the Federal Government with authority to (e) PRESIDENTIAL WAIVER.—(1) The Presi- conduct counterdrug intelligence activities, bursement for utility services and meals pro- dent may waive the applicability of the pro- including counterdrug law enforcement in- vided under the program. hibition in subsection (d)(2) to an element of formation-gathering activities, may be ‘‘(G) Receipts from individuals for the the Department of State otherwise covered available to finance an appropriate share of rental of property and equipment under the by such prohibition if the President deter- the administrative costs incurred by the De- program.’’. mines that the waiver is in the national se- partment of Justice for the Counterdrug In- (b) CLARIFICATION OF COSTS RECOVERABLE curity interests of the United States. telligence Executive Secretariat authorized UNDER PROGRAM.—Subsection (e)(1) of that (2) The President shall submit to appro- by the General Counterdrug Intelligence section is amended in the second sentence by priate committees of Congress a report on Plan of February 12, 2000. inserting ‘‘other than structures owned by the Agency’’ after ‘‘depreciation of plant and each exercise of the waiver authority in TITLE IV—CENTRAL INTELLIGENCE paragraph (1). equipment’’. AGENCY (3) Each report under paragraph (2) with (c) FINANCIAL STATEMENTS OF PROGRAM.— respect to the exercise of authority under SEC. 401. EXPANSION OF INSPECTOR GENERAL Subsection (g)(2) of that section is amended paragraph (1) shall set forth the following: ACTIONS REQUIRING A REPORT TO in the first sentence by striking ‘‘annual au- CONGRESS. (A) The covered element of the Department dits under paragraph (1)’’ and inserting the Section 17(d)(3) of the Central Intelligence of State addressed by the waiver. following: ‘‘financial statements to be pre- Agency Act of 1949 (50 U.S.C. 403q(d)(3)) is (B) The reasons for the waiver. pared with respect to the program. Office of amended by striking all that follows after (C) The actions taken by the President to Management and Budget guidance shall also subparagraph (A) and inserting the fol- protect any covered classified material to be determine the procedures for conducting an- lowing: handled, retained, or stored by such element. nual audits under paragraph (1).’’. ‘‘(B) an investigation, inspection, or audit (f) DEFINITIONS.—In this section: (d) EXTENSION OF PROGRAM.—Subsection carried out by the Inspector General should (1) The term ‘‘appropriate committees of (h)(1) of that section is amended by striking focus on any current or former Agency offi- Congress’’ means the following: ‘‘March 31, 2002’’ and inserting ‘‘March 31, cial who— (A) The Select Committee on Intelligence 2005’’. ‘‘(i) holds or held a position in the Agency and the Committee on Foreign Relations of SEC. 404. DETAILS OF EMPLOYEES TO THE NA- that is subject to appointment by the Presi- the Senate. TIONAL RECONNAISSANCE OFFICE. dent, by and with the advise and consent of (B) The Permanent Select Committee on The Central Intelligence Agency Act of the Senate, including such a position held on Intelligence and the Committee on Inter- 1949 (50 U.S.C. 403a et seq.) is amended by an acting basis; or national Relations of the House of Rep- adding at the end the following new section: ‘‘(ii) holds or held the position in the Agen- resentatives. ‘‘DETAILS OF EMPLOYEES cy, including such a position held on an act- (2) The term ‘‘covered classified material’’ ing basis, of— ‘‘SEC. 22. The Director may— means any material classified at the Sen- ‘‘(I) Executive Director; ‘‘(1) detail any personnel of the Agency on sitive Compartmented Information (SCI) ‘‘(II) Deputy Director for Operations; a reimbursable basis indefinitely to the Na- level. ‘‘(III) Deputy Director for Intelligence; tional Reconnaissance Office without regard (3) The term ‘‘covered element of the De- ‘‘(IV) Deputy Director for Administration; to any limitation under law on the duration partment of State’’ means each element of or of details of Federal government personnel; the Department of State that handles, re- ‘‘(V) Deputy Director for Science and Tech- and tains, or stores covered classified material. nology; ‘‘(2) hire personnel for the purpose of de- (4) The term ‘‘material’’ means any data, ‘‘(C) a matter requires a report by the In- tails under paragraph (1).’’. regardless of physical form or characteristic, spector General to the Department of Jus- SEC. 405. TRANSFERS OF FUNDS TO OTHER including written or printed matter, auto- AGENCIES FOR ACQUISITION OF tice on possible criminal conduct by a cur- mated information systems storage media, LAND. rent or former Agency official described or maps, charts, paintings, drawings, films, (a) IN GENERAL.—Section 8 of the Central referred to in subparagraph (B); photographs, engravings, sketches, working Intelligence Agency Act of 1949 (50 U.S.C. ‘‘(D) the Inspector General becomes aware notes, papers, reproductions of any such 403j) is amended by adding at the end the fol- of the possible criminal conduct of a current things by any means or process, and sound, lowing new subsection: or former Agency official described or re- voice, magnetic, or electronic recordings. ‘‘(c) TRANSFERS FOR ACQUISITION OF ferred to in subparagraph (B) through a (5) The term ‘‘Sensitive Compartmented LAND.—(1) Sums appropriated or otherwise means other than an investigation, inspec- Information (SCI) level’’, in the case of clas- made available to the Agency for the acqui- tion, or audit and such conduct is not re- sified material, means a level of classifica- sition of land that are transferred to another ferred to the Department of Justice; or tion for information in such material con- department or agency for that purpose shall ‘‘(E) the Inspector General, after exhaust- cerning or derived from intelligence sources, remain available for 3 years. ing all possible alternatives, is unable to ob- methods, or analytical processes that re- ‘‘(2) The Director shall submit to the Se- tain significant documentary information in quires such information to be handled within lect Committee on Intelligence of the Senate the course of an investigation, inspection, or formal access control systems established by and the Permanent Select Committee on In- audit, the Director of Central Intelligence. telligence of the House of Representatives an SEC. 307. CLARIFICATION OF STANDING OF the Inspector General shall immediately sub- annual report on the transfers of sums de- UNITED STATES CITIZENS TO CHAL- mit a report on such matter to the intel- scribed in paragraph (1).’’. LENGE CERTAIN BLOCKING OF AS- ligence committees.’’. (b) CONFORMING STYLISTIC AMENDMENTS.— SETS. SEC. 402. SUBPOENA AUTHORITY OF THE INSPEC- That section is further amended— The Foreign Narcotics Kingpin Designa- TOR GENERAL. (1) in subsection (a), by inserting ‘‘IN GEN- tion Act (title VIII of Public Law 106–120; 113 (a) CLARIFICATION REGARDING REPORTS ON ERAL.—’’ after ‘‘(a)’’; and Stat. 1626; 21 U.S.C. 1901 et seq.) is amended EXERCISE OF AUTHORITY.—Section 17 of the (2) in subsection (b), by inserting ‘‘SCOPE by adding at the end the following new sec- Central Intelligence Agency Act of 1949 (50 OF AUTHORITY FOR EXPENDITURE.—’’ after tion: U.S.C. 403q) is amended— ‘‘(b)’’.

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(c) APPLICABILITY.—Subsection (c) of sec- ø‘‘(2) The Secretary of the Air Force may ø(A) $25,000. tion 8 of the Central Intelligence Agency Act delegate any or all of the responsibilities ø(B) The amount equal to 25 percent of the of 1949, as added by subsection (a) of this sec- delegated to that Secretary under paragraph employee’s annual rate of basic pay. tion, shall apply with respect to amounts ap- (1).’’. ø(C) The amount of the limitation that is propriated or otherwise made available for ø(b) CLERICAL AMENDMENT.—The table of applicable for a calendar year under section the Central Intelligence Agency for fiscal sections at the beginning of subchapter II of 5307(a)(1) of title 5, United States Code. years after fiscal year 2000. such chapter is amended by inserting after ø(2) An employee appointed under sub- SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOY- the item relating to section 2350k the fol- section (b)(1) is not eligible for any bonus, EES FOR REIMBURSEMENT FOR lowing new item: monetary award, or other monetary incen- PROFESSIONAL LIABILITY INSUR- ø‘‘2350l. Nuclear test monitoring equip- tive for service except for payments author- ANCE. ment.’’. ized under subsection (b)(3). ø(f) PERIOD OF PROGRAM.—(1) The program (a) IN GENERAL.—Notwithstanding any pro- øSEC. 503. EXPERIMENTAL PERSONNEL MANAGE- vision of section 363 of the Treasury, Postal MENT PROGRAM FOR TECHNICAL authorized under this section shall termi- Service, and General Government Appropria- PERSONNEL FOR CERTAIN ELE- nate at the end of the 5-year period referred tions Act, 1997 (5 U.S.C. prec. 5941 note), the MENTS OF THE INTELLIGENCE COM- to in subsection (a). Director of Central Intelligence may— MUNITY. ø(2) After the termination of the program— (1) designate as qualified employees within ø(a) PROGRAM AUTHORIZED.—During the 5- ø(A) no appointment may be made under the meaning of subsection (b) of that section year period beginning on the date of the en- paragraph (1) of subsection (b); appropriate categories of employees not oth- actment of this Act, the Director of Central ø(B) a rate of basic pay prescribed under erwise covered by that subsection; and Intelligence may carry out a program of ex- paragraph (2) of that subsection may not (2) use appropriated funds available to the perimental use of the special personnel man- take effect for a position; and Director to reimburse employees within cat- agement authority provided in subsection (b) ø(C) no period of service may be extended egories so designated for one-half of the in order to facilitate recruitment of eminent under subsection (d)(2). ø costs incurred by such employees for profes- experts in science or engineering for re- (g) SAVINGS PROVISIONS.—In the case of an sional liability insurance in accordance with search and development projects adminis- employee who, on the day before the termi- subsection (a) of that section. tered by the elements of the intelligence nation of the program, is serving in a posi- tion pursuant to an appointment under sub- (b) REPORTS.—The Director of Central In- community specified in subsection (c). telligence shall submit to the Select Com- ø(b) SPECIAL PERSONNEL MANAGEMENT AU- section (b)(1)— ø mittee on Intelligence of the Senate and the THORITY.—Under the program, the Director (1) the termination of the program does Permanent Select Committee of Intelligence of Central Intelligence may— not terminate the employee’s employment in of the House of Representatives a report on ø(1) within the limitations specified in sub- that position before the expiration of the each designation of a category of employees section (c), appoint scientists and engineers lesser of— ø under paragraph (1) of subsection (a), includ- from outside the civil service and uniformed (A) the period for which the employee was ing the approximate number of employees services (as such terms are defined in section appointed; or ø covered by such designation and an estimate 2101 of title 5, United States Code) to not (B) the period to which the employee’s of the amount to be expended on reimburse- more than 39 scientific and engineering posi- service is limited under subsection (d), in- ment of such employees under paragraph (2) tions in the elements of the intelligence cluding any extension made under paragraph of that subsection. community specified in that subsection (2) of that subsection before the termination without regard to any provision of title 5, of the program; and TITLE V—DEPARTMENT OF DEFENSE ø(2) the rate of basic pay prescribed for the INTELLIGENCE ACTIVITIES United States Code, governing the appoint- ment of employees in the civil service; position under subsection (b)(2) may not be ø SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY ø(2) prescribe the rates of basic pay for po- reduced for so long (within the period appli- TO ENGAGE IN COMMERCIAL AC- sitions to which employees are appointed cable to the employee under paragraph (1)) TIVITIES AS SECURITY FOR INTEL- as the employee continues to serve in the po- LIGENCE COLLECTION ACTIVITIES. under paragraph (1) at rates not in excess of sition without a break in service. øSection 431(a) of title 10, United States the maximum rate of basic pay authorized ø(h) ANNUAL REPORT.—(1) Not later than Code, is amended in the second sentence by for senior-level positions under section 5376 of title 5, United States Code, notwith- October 15 of each year, beginning in 2001 striking ‘‘December 31, 2000’’ and inserting and ending in the year in which the service ‘‘December 31, 2002’’. standing any provision of such title gov- erning the rates of pay or classification of of employees under the program concludes øSEC. 502. NUCLEAR TEST MONITORING EQUIP- employees in the executive branch; and (including service, if any, that concludes MENT. under subsection (g)), the Director of Central ø(3) pay any employee appointed under ø(a) IN GENERAL.—Subchapter II of chapter Intelligence shall submit a report on the pro- paragraph (1) payments in addition to basic 138 of title 10, United States Code, is amend- gram to the Select Committee on Intel- pay within the limit applicable to the em- ed by adding at the end the following new ligence of the Senate and the Permanent Se- ployee under subsection (e)(1). section: lect Committee on Intelligence of the House ø(c) SPECIFIED ELEMENTS AND LIMITA- ø of Representatives. ‘‘§ 2350l. Nuclear test monitoring equipment TIONS.—The elements of the intelligence ø(2) The report submitted in a year shall ø‘‘(a) AUTHORITY TO CONVEY OR PROVIDE.— community in which individuals may be ap- cover the 12-month period ending on the day Subject to subsection (b), the Secretary of pointed under the program, and the max- before the anniversary, in that year, of the Defense may, for purposes of satisfying nu- imum number of positions for which individ- clear test explosion monitoring require- date of the enactment of this Act. uals may be appointed in each such element, ø(3) The annual report shall contain, for ments applicable to the United States— are as follows: the period covered by the report, the fol- ø‘‘(1) convey or otherwise provide to a for- ø (1) The National Imagery and Mapping lowing: eign government monitoring and associated Agency (NIMA), 15 positions. ø(A) A detailed discussion of the exercise of equipment for nuclear test explosion moni- ø (2) The National Security Agency (NSA), authority under this section. toring purposes; and 12 positions. ø(B) The sources from which individuals ø‘‘(2) install such equipment on foreign ter- ø (3) The National Reconnaissance Office appointed under subsection (b)(1) were re- ritory or in international waters as part of (NRO), 6 positions. cruited. such conveyance or provision. ø (4) The Defense Intelligence Agency ø(C) The methodology used for identifying ø‘‘(b) AGREEMENT REQUIRED.—Nuclear test (DIA), 6 positions. and selecting such individuals. explosion monitoring equipment may be con- ø (d) LIMITATION ON TERM OF APPOINT- ø(D) Any additional information that the veyed or otherwise provided under the au- MENT.—(1) Except as provided in paragraph Director considers helpful for assessing the thority in subsection (a) only pursuant to (2), the service of an employee under an ap- utility of the authority under this section.¿ the terms of an agreement in which the for- pointment under subsection (b)(1) may not SEC. 501. PROHIBITION ON TRANSFER OF IM- eign government receiving such equipment exceed 4 years. ø AGERY ANALYSTS FROM GENERAL agrees as follows: (2) The Director of Central Intelligence DEFENSE INTELLIGENCE PROGRAM ø‘‘(1) To provide the Secretary of Defense may, in the case of a particular employee, TO NATIONAL IMAGERY AND MAP- timely access to the data produced, col- extend the period to which service is limited PING AGENCY PROGRAM. lected, or generated by such equipment. under paragraph (1) by up to 2 years if the (a) PROHIBITION ON USE OF FUNDS FOR ø‘‘(2) To permit the Secretary of Defense to Director determines that such action is nec- TRANSFER.—No funds authorized to be appro- take such measures as the Secretary con- essary to promote the efficiency of the ele- priated by this Act may be transferred from the siders necessary to inspect, test, maintain, ment of the intelligence community con- General Defense Intelligence Program to the Na- repair, or replace such equipment, including cerned. tional Imagery and Mapping Agency Program access for purposes of such measures. ø(e) LIMITATIONS ON ADDITIONAL PAY- for purposes of transferring imagery analysis ø‘‘(c) DELEGATION OF RESPONSIBILITIES.—(1) MENTS.—(1) The total amount of the addi- personnel from the General Defense Intelligence The Secretary of Defense may delegate any tional payments paid to an employee under Program to the National Imagery and Mapping or all of the responsibilities of that Sec- subsection (b)(3) for any 12-month period Agency Program. retary under subsection (b) to the Secretary may not exceed the least of the following (b) ROLE OF DIRECTOR OF NIMA AS FUNC- of the Air Force. amounts: TIONAL MANAGER FOR IMAGERY AND GEOSPACIAL

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9581 PROGRAMS.—(1) The Secretary of Defense shall, amendments be agreed to and the mo- SEC. 504. PROHIBITION ON TRANSFER OF COL- in consultation with the Director of Central In- tions to reconsider be laid upon the LECTION MANAGEMENT PERSONNEL FROM GENERAL DEFENSE INTEL- telligence, review options for strengthening the table en bloc. role of the Director of the National Imagery and LIGENCE PROGRAM TO COMMUNITY The PRESIDING OFFICER. Without MANAGEMENT ACCOUNT. Mapping Agency as the functional manager for No funds authorized to be appropriated by United States imagery and geospacial programs. objection, it is so ordered. The amendments (Nos. 4280 through this Act may be transferred from the Gen- (2) Not later than March 15, 2001, the Sec- eral Defense Intelligence Program to the retary shall submit to the appropriate commit- 4285) were agreed to, en bloc, as fol- lows: Community Management Account for pur- tees of Congress a report on the review required poses of transferring intelligence collection by subsection (b). The report shall include any AMENDMENT NO. 4280 management personnel. recommendations regarding modifications in the (Purpose: To modify the provisions relating SEC. 505. AUTHORIZED PERSONNEL CEILING FOR role and duties of the Director of the National to Department of Defense intelligence ac- GENERAL DEFENSE INTELLIGENCE Imagery and Mapping Agency that the Sec- tivities) PROGRAM. retary considers appropriate in light of the re- On page 27, strike line 3 and all that fol- The authorized personnel ceiling for the view. lows through page 37, line 3, and insert the General Defense Intelligence Program speci- (3) In this subsection, the term ‘‘appropriate following: fied in the classified Schedule of Authoriza- committees of Congress’’ means the following: tions referred to in section 102 is hereby in- (A) The Committee on Armed Services and the TITLE V—DEPARTMENT OF DEFENSE INTEL- LIGENCE ACTIVITIES creased by 2,152 positions. Select Committee on Intelligence of the Senate. SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY SEC. 506. MEASUREMENT AND SIGNATURE INTEL- (B) The Committee on Armed Services and the TO ENGAGE IN COMMERCIAL AC- LIGENCE. Permanent Select Committee on Intelligence of TIVITIES AS SECURITY FOR INTEL- (a) STUDY OF OPTIONS.—The Director of the House of Representatives. LIGENCE COLLECTION ACTIVITIES. Central Intelligence shall, in coordination SEC. 502. PROHIBITION ON TRANSFER OF COL- Section 431(a) of title 10, United States with the Secretary of Defense, conduct a LECTION MANAGEMENT PERSONNEL Code, is amended in the second sentence by study of the utility and feasibility of various FROM GENERAL DEFENSE INTEL- striking ‘‘December 31, 2000’’ and inserting options for improving the management and LIGENCE PROGRAM TO COMMUNITY ‘‘December 31, 2002’’. organization of measurement and signature MANAGEMENT ACCOUNT. SEC. 502. ROLE OF DIRECTOR OF CENTRAL IN- intelligence, including— No funds authorized to be appropriated by TELLIGENCE IN EXPERIMENTAL (1) the option of establishing a centralized this Act may be transferred from the General PERSONNEL PROGRAM FOR CER- tasking, processing, exploitation, and dis- Defense Intelligence Program to the Community TAIN SCIENTIFIC AND TECHNICAL semination facility for measurement and sig- Management Account for purposes of transfer- PERSONNEL. nature intelligence; ring intelligence collection management per- If the Director of Central Intelligence re- (2) options for recapitalizing and reconfig- sonnel. quests that the Secretary of Defense exercise uring the current systems for measurement any authority available to the Secretary SEC. 503. AUTHORIZED PERSONNEL CEILING FOR and signature intelligence; and GENERAL DEFENSE INTELLIGENCE under section 1101(b) of the Strom Thurmond (3) the operation and maintenance costs of PROGRAM. National Defense Authorization Act for Fis- the various options. The authorized personnel ceiling for the Gen- cal Year 1999 (Public Law 105–261; 5 U.S.C. (b) REPORT.—Not later than April 1, 2001, eral Defense Intelligence Program specified in 3104 note) to carry out a program of special the Director and the Secretary shall jointly the classified Schedule of Authorizations re- personnel management authority at the Na- submit to the appropriate committees of ferred to in section 102 is hereby increased by tional Imagery and Mapping Agency and the Congress a report on their findings as a re- 2,152 positions. National Security Agency in order to facili- sult of the study required by subsection (a). SEC. 504. MEASUREMENT AND SIGNATURE INTEL- tate recruitment of eminent experts in The report shall set forth any recommenda- LIGENCE. science and engineering at such agencies, the tions that the Director and the Secretary (a) STUDY OF OPTIONS.—The Director of Cen- Secretary shall respond to such request not consider appropriate. tral Intelligence shall, in coordination with the later than 30 days after the date of such re- (c) APPROPRIATE COMMITTEES OF CONGRESS Secretary of Defense, conduct a study of the quest. DEFINED.—In this section, the term ‘‘appro- utility and feasibility of various options for im- SEC. 503. PROHIBITION ON TRANSFER OF IM- priate committees of Congress’’ means the proving the management and organization of AGERY ANALYSTS FROM GENERAL following: measurement and signature intelligence, includ- DEFENSE INTELLIGENCE PROGRAM (1) The Committee on Armed Services and TO NATIONAL IMAGERY AND MAP- ing the option of establishing a centralized the Select Committee on Intelligence of the tasking, processing, exploitation, and dissemina- PING AGENCY PROGRAM. (a) PROHIBITION ON USE OF FUNDS FOR Senate. tion facility for measurement and signature in- (2) The Committee on Armed Services and telligence. TRANSFER.—No funds authorized to be appro- priated by this Act may be transferred from the Permanent Select Committee on Intel- (b) REPORT.—Not later than April 1, 2001, the ligence of the House of Representatives. Director and the Secretary shall jointly submit the General Defense Intelligence Program to the National Imagery and Mapping Agency to the appropriate committees of Congress a re- AMENDMENT NO. 4281 Program for purposes of transferring im- port on their findings as a result of the study re- (Purpose: To modify procedures under the quired by subsection (a). The report shall set agery analysis personnel from the General Defense Intelligence Program to the Na- Foreign Intelligence Surveillance Act of forth any recommendations that the Director 1978 relating to orders for surveillance and and the Secretary consider appropriate. tional Imagery and Mapping Agency Pro- gram. searches for foreign intelligence purposes.) (c) APPROPRIATE COMMITTEES OF CONGRESS (b) ROLE OF DIRECTOR OF NIMA AS FUNC- (The text of the amendment is print- DEFINED.—In this section, the term ‘‘appro- priate committees of Congress’’ means the fol- TIONAL MANAGER FOR IMAGERY AND ed in today’s RECORD under ‘‘Amend- lowing: GEOSPACIAL PROGRAMS.—(1) The Secretary of ments Submitted.’’) Defense shall, in consultation with the Di- (1) The Committee on Armed Services and the AMENDMENT NO. 4282 rector of Central Intelligence, review options Select Committee on Intelligence of the Senate. (Purpose: To require disclosure under the for strengthening the role of the Director of (2) The Committee on Armed Services and the Freedom of Information Act regarding cer- the National Imagery and Mapping Agency Permanent Select Committee on Intelligence of tain persons and records of the Japanese as the functional manager for United States the House of Representatives. Imperial Army in a manner that does not imagery and geospacial programs. impair any investigation or prosecution Mr. LOTT. Mr. President, I ask unan- (2) Not later than March 15, 2001, the Sec- conducted by the Department of Justice or imous consent that the committee retary shall submit to the appropriate com- certain intelligence matters) amendments be agreed to. mittees of Congress a report on the review The committee amendments were required by subsection (b). The report shall On page 37, after line 3, add the following: agreed to. include any recommendations regarding TITLE VI—DISCLOSURE OF INFORMATION modifications in the role and duties of the ON JAPANESE IMPERIAL ARMY AMENDMENTS NOS. 4280 THROUGH 4285, EN BLOC Director of the National Imagery and Map- SEC. 601. SHORT TITLE. Mr. LOTT. Mr. President, I ask unan- ping Agency that the Secretary considers ap- This title may be cited as the ‘‘Japanese imous consent that the Senate proceed propriate in light of the review. Imperial Army Disclosure Act’’. en bloc to the following amendments (3) In this subsection, the term ‘‘appro- SEC. 602. ESTABLISHMENT OF JAPANESE IMPE- which are at the desk: Warner amend- priate committees of Congress’’ means the RIAL ARMY RECORDS INTERAGENCY ment No. 4280, Specter amendment No. following: WORKING GROUP. 4281, Feinstein amendment No. 4282, (A) The Committee on Armed Services and (a) DEFINITIONS.—In this section: the Select Committee on Intelligence of the (1) AGENCY.—The term ‘‘agency’’ has the Moynihan amendment No. 4283, Kerrey Senate. meaning given such term under section 551 of amendment No. 4284, and the Shelby- (B) The Committee on Armed Services and title 5, United States Code. Bryan amendment No. 4285. I further the Permanent Select Committee on Intel- (2) INTERAGENCY GROUP.—The term ‘‘Inter- ask unanimous consent that the ligence of the House of Representatives. agency Group’’ means the Japanese Imperial

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9582 CONGRESSIONAL RECORD — SENATE October 2, 2000 Army Records Interagency Working Group Group shall release in their entirety Japa- SEC. 604. EXPEDITED PROCESSING OF FOIA RE- established under subsection (b). nese Imperial Army records. QUESTS FOR JAPANESE IMPERIAL ARMY RECORDS. (3) JAPANESE IMPERIAL ARMY RECORDS.— (b) EXCEPTION FOR PRIVACY.—An agency The term ‘‘Japanese Imperial Army records’’ head may exempt from release under sub- For purposes of expedited processing under means classified records or portions of section (a) specific information, that would— section 552(a)(6)(E) of title 5, United States records that pertain to any person with re- (1) constitute a clearly unwarranted inva- Code, any person who was persecuted in the spect to whom the United States Govern- sion of personal privacy; manner described in section 602(a)(3) and who ment, in its sole discretion, has grounds to (2) reveal the identity of a confidential requests a Japanese Imperial Army record believe ordered, incited, assisted, or other- human source, or reveal information about shall be deemed to have a compelling need wise participated in the experimentation and the application of an intelligence source or for such record. persecution of any person because of race, re- method, or reveal the identity of a human SEC. 605. EFFECTIVE DATE. ligion, national origin, or political option, intelligence source when the unauthorized The provisions of this title shall take ef- during the period beginning September 18, disclosure of that source would clearly and fect on the date that is 90 days after the date 1931, and ending on December 31, 1948, under demonstrably damage the national security of the enactment of this Act. the direction of, or in association with— interests of the United States; (A) the Japanese Imperial Army; (3) reveal information that would assist in (B) any government in any area occupied the development or use of weapons of mass AMENDMENT NO. 4283 by the military forces of the Japanese Impe- destruction; (Purpose: To improve the identification, col- rial Army; (4) reveal information that would impair lection, and review for declassification of (C) any government established with the United States cryptologic systems or activi- records and materials that are of archival assistance or cooperation of the Japanese ties; value or extraordinary public interest to Imperial Army; or (5) reveal information that would impair the people of the United States) (D) any government which was an ally of the application of state-of-the-art tech- (The text of the amendment is print- the Imperial Army of Japan. nology within a United States weapon sys- ed in today’s RECORD under ‘‘Amend- (4) RECORD.—The term ‘‘record’’ means a tem; Japanese Imperial Army record. (6) reveal actual United States military ments Submitted.’’) (b) ESTABLISHMENT OF INTERAGENCY war plans that remain in effect; AMENDMENT NO. 4284 GROUP.— (7) reveal information that would seriously (Purpose: To honor the outstanding con- (1) IN GENERAL.—Not later than 60 days and demonstrably impair relations between tributions of Senator Daniel Patrick Moy- after the date of the enactment of this Act, the United States and a foreign government, nihan toward the redevelopment of Penn- the President shall establish the Japanese or seriously and demonstrably undermine sylvania Avenue, Washington, DC) Imperial Army Records Interagency Working ongoing diplomatic activities of the United Group, which shall remain in existence for 3 States; At the end of title III, add the following: years after the date the Interagency Group is (8) reveal information that would clearly, SEC. 3ll. DESIGNATION OF DANIEL PATRICK established. and demonstrably impair the current ability MOYNIHAN PLACE. (2) MEMBERSHIP.—The President shall ap- of United States Government officials to pro- (a) FINDINGS.—Congress finds that— point to the Interagency Group individuals tect the President, Vice President, and other (1) during the second half of the twentieth whom the President determines will most officials for whom protection services are au- century, Senator Daniel Patrick Moynihan completely and effectively carry out the thorized in the interest of national security; promoted the importance of architecture and functions of the Interagency Group within (9) reveal information that would seriously urban planning in the Nation’s Capital, par- the time limitations provided in this section, and demonstrably impair current national ticularly with respect to the portion of including the Historian of the Department of security emergency preparedness plans; or Pennsylvania Avenue between the White State, the Archivist of the United States, (10) violate a treaty or other international House and the United States Capitol (re- the head of any other agency the President agreement. ferred to in this subsection as the ‘‘Ave- considers appropriate, and no more than 3 (c) APPLICATIONS OF EXEMPTIONS.— nue’’); other persons. The head of an agency ap- (1) IN GENERAL.—In applying the exemp- (2) Senator Moynihan has stressed the pointed by the President may designate an tions provided in paragraphs (2) through (10) unique significance of the Avenue as con- appropriate officer to serve on the Inter- of subsection (b), there shall be a presump- ceived by Pierre Charles L’Enfant to be the agency Group in lieu of the head of such tion that the public interest will be served ‘‘grand axis’’ of the Nation’s Capital as well agency. by disclosure and release of the records of as a symbolic representation of the separate (3) INITIAL MEETING.—Not later than 90 the Japanese Imperial Army. The exemption yet unified branches of the United States days after the date of the enactment of this may be asserted only when the head of the Government; Act, the Interagency Group shall hold an ini- agency that maintains the records deter- (3) through his service to the Ad Hoc Com- tial meeting and begin the functions re- mines that disclosure and release would be mittee on Federal Office Space (1961–1962), as quired under this section. harmful to a specific interest identified in a member of the President’s Council on (c) FUNCTIONS.—Not later than 1 year after the exemption. An agency head who makes Pennsylvania Avenue (1962–1964), and as vice- the date of the enactment of this Act, the such a determination shall promptly report chairman of the President’s Temporary Com- Interagency Group shall, to the greatest ex- it to the committees of Congress with appro- mission on Pennsylvania Avenue (1965–1969), tent possible consistent with section 603— priate jurisdiction, including the Committee and in his various capacities in the executive (1) locate, identify, inventory, recommend on the Judiciary and the Select Committee and legislative branches, Senator Moynihan for declassification, and make available to on Intelligence of the Senate and the Com- has consistently and creatively sought to the public at the National Archives and mittee on Government Reform and Oversight fulfill President Kennedy’s recommendation Records Administration, all classified Japa- and the Permanent Select Committee on In- of June 1, 1962, that the Avenue not become nese Imperial Army records of the United telligence of the House of Representatives. a ‘‘solid phalanx of public and private office States; (2) APPLICATION OF TITLE 5.—A determina- buildings which close down completely at (2) coordinate with agencies and take such tion by an agency head to apply an exemp- night and on weekends,’’ but that it be ‘‘live- actions as necessary to expedite the release tion provided in paragraphs (2) through (9) of ly, friendly, and inviting, as well as dignified of such records to the public; and subsection (b) shall be subject to the same and impressive’’; (3) submit a report to Congress, including standard of review that applies in the case of (4)(A) Senator Moynihan helped draft a the Committee on Government Reform and records withheld under section 552(b)(1) of Federal architectural policy, known as the Oversight of the House of Representatives, title 5, United States Code. ‘‘Guiding Principles for Federal Architec- the Select Committee on Intelligence of the (d) LIMITATION ON EXEMPTIONS.— ture,’’ that recommends a choice of designs Senate, the Permanent Select Committee on (1) IN GENERAL.—The exemptions set forth that are ‘‘efficient and economical’’ and that Intelligence of the House of Representatives, in subsection (b) shall constitute the only provide ‘‘visual testimony to the dignity, en- and the Committee on the Judiciary of the grounds pursuant to which an agency head terprise, vigor, and stability’’ of the United Senate, describing all such records, the dis- may exempt records otherwise subject to re- States Government; and position of such records, and the activities of lease under subsection (a). (B) the Guiding Principles for Federal Ar- the Interagency Group and agencies under (2) RECORDS RELATED TO INVESTIGATION OR chitecture further state that the ‘‘develop- this section. PROSECUTIONS.—This section shall not apply ment of an official style must be avoided. (d) FUNDING.—There is authorized to be ap- to records— Design must flow from the architectural pro- propriated such sum as may be necessary to (A) related to or supporting any active or fession to the Government, and not vice carry out the provisions of this title. inactive investigation, inquiry, or prosecu- versa.’’; SEC. 603. REQUIREMENT OF DISCLOSURE OF tion by the Office of Special Investigations (5) Senator Moynihan has encouraged— RECORDS. of the Department of Justice; or (A) the construction of new buildings along (a) RELEASE OF RECORDS.—Subject to sub- (B) solely in the possession, custody, or the Avenue, such as the Ronald Reagan sections (b), (c), and (d), the Japanese Impe- control of the Office of Special Investiga- Building and International Trade Center; rial Army Records Interagency Working tions. and

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9583 (B) the establishment of an academic insti- ing authority or permission to have access to (2) If the prohibition in paragraph (1) takes tution along the Avenue, namely the Wood- the classified information pursuant to the effect in accordance with that paragraph, the row Wilson International Center for Schol- provisions of a statute, Executive Order, reg- prohibition ars, a living memorial to President Wilson; ulation, or directive of the head of any de- On page 17, beginning on line 1, strike ‘‘and and partment or agency who is empowered to Executive Orders’’. (6) as Senator Moynihan’s service in the classify information, an order of any United On page 17, strike line 3 and insert the fol- Senate concludes, it is appropriate to com- States court, or a provision of any Resolu- lowing: memorate his legacy of public service and tion of the Senate or Rule of the House of (e) WAIVER BY DIRECTOR OF CENTRAL INTEL- his commitment to thoughtful urban design Representatives which governs release of LIGENCE.—(1) The Director of Central Intel- in the Nation’s Capital. classified information by such House of Con- ligence may (b) DESIGNATION.—The parcel of land lo- gress. On page 17, beginning on line 4, strike cated in the northwest quadrant of Wash- ‘‘(2) The term ‘classified information’ ‘‘subsection (d)(2)’’ and insert ‘‘subsection ington, District of Columbia, and described means information or material properly (d)’’. in subsection (c) shall be known and des- classified and clearly marked or represented, On page 17, line 6, strike ‘‘the President’’ ignated as ‘‘Daniel Patrick Moynihan or that the person knows or has reason to be- and insert ‘‘the Director’’. On page 17, line 9, strike ‘‘The President’’ Place’’. lieve has been properly classified by appro- and insert ‘‘The Director’’. (c) BOUNDARIES.—The parcel of land de- priate authorities, pursuant to the provi- On page 17, between lines 17 and 18, insert scribed in this subsection is the portion of sions of a statute or Executive Order, as re- the following: Woodrow Wilson Plaza (as designated by quiring protection against unauthorized dis- (C) The actions, if any, that will be taken Public Law 103–284 (108 Stat. 1448)) that is closure for reasons of national security. to bring such element into full compliance bounded— On page 12, strike line 21 and all that fol- with the directives referred to in subsection (1) on the west by the eastern facade of the lows through page 13, line 16, and insert the (a), including a schedule for completion of Ronald Reagan Building and International following: such actions. ‘‘SEC. 115. (a) REQUIREMENT.—(1) The Direc- Trade Center; On page 17, line 18, strike ‘‘(C) The actions tor of Central Intelligence shall, in consulta- (2) on the east by the western facade of the taken by the President’’ and insert ‘‘(D) The tion with the Secretary of Defense, establish Ariel Rios Building; actions taken by the Director’’. (3) on the north by the southern edge of the and maintain in the intelligence community On page 17, line 20, insert before the period sidewalk abutting Pennsylvania Avenue; and an analytic capability with responsibility for the following: ‘‘pending achievement of full (4) on the south by the line that, bisecting intelligence in support of the activities of compliance of such element with such direc- the atrium of the Ronald Reagan Building the United States relating to unaccounted tives’’. and International Trade Center, continues for United States personnel. east to bisect the western hemicycle of the ‘‘(2) The analytic capability maintained Mr. LOTT. Mr. President, I ask unan- Ariel Rios Building. under paragraph (1) shall be known as the imous consent that the bill be read the (d) REFERENCES.—Any reference in a law, ‘POW/MIA analytic capability of the intel- third time and the Senate proceed to map, regulation, document, paper, or other ligence community’. the consideration of H.R. 4392. Further, record of the United States to the parcel of ‘‘(b) SCOPE OF RESPONSIBILITY.—The re- I ask unanimous consent that all after land described in subsection (c) shall be sponsibilities of the analytic capability the enacting clause be stricken and the maintained under subsection (a) shall— deemed to be a reference to Daniel Patrick text of S. 2507, as amended, be inserted Moynihan Place. ‘‘(1) extend to any activities of the Federal Government with respect to unaccounted for in lieu thereof, the bill be read the AMENDMENT NO. 4285 United States personnel after December 31, third time and passed, the Senate in- 1999; and sist on its amendment, request a con- On page 10, strike line 11 and all that fol- ‘‘(2) include support for any department or lows through page 12, line 2, and insert the ference with the House, and the Chair agency of the Federal Government engaged following: be authorized to appoint conferees on in such activities. ‘‘(a) PROHIBITION.—Whoever, being an offi- the part of the Senate. Finally, I ask ‘‘(c) UNACCOUNTED FOR UNITED STATES PER- cer or employee of the United States, a unanimous consent that S. 2507 be SONNEL DEFINED.—In this section, the term former or retired officer or employee of the ‘unaccounted for United States personnel’ placed back on the calendar. United States, any other person with author- means the following: The PRESIDING OFFICER. Without ized access to classified information, or any ‘‘(1) Any missing person (as that term is objection, it is so ordered. other person formerly with authorized access defined in section 1513(1) of title 10, United The bill (S. 2507), as amended, was to classified information, knowingly and States Code). read the third time. willfully discloses, or attempts to disclose, ‘‘(2) Any United States national who was The bill (H.R. 4392), as amended, was any classified information acquired as a re- killed while engaged in activities on behalf sult of such person’s authorized access to read the third time and passed, as fol- of the United States Government and whose classified information to a person (other lows: remains have not been repatriated to the than an officer or employee of the United Resolved, That the bill from the House of United States.’’. States) who is not authorized access to such Representatives (H.R. 4392) entitled ‘‘An Act On page 14, beginning on line 11, strike classified information, knowing that the per- to authorize appropriations for fiscal year ‘‘acting at their direction’’. 2001 for intelligence and intelligence-related son is not authorized access to such classi- On page 14, line 13, insert ‘‘, and at the di- activities of the United States Government, fied information, shall be fined under this rection of,’’ after ‘‘on behalf of’’. title, imprisoned not more than 3 years, or the Community Management Account, and On page 14, line 16, strike ‘‘AUTHORIZED AC- both. the Central Intelligence Agency Retirement TIVITIES.—An activity’’ and insert ‘‘AUTHOR- ‘‘(b) CONSTRUCTION OF PROHIBITION.—Noth- and Disability System, and for other pur- IZED INTELLIGENCE ACTIVITIES.—An intel- ing in this section shall be construed to es- ligence activity’’. poses.’’, do pass with the following amend- tablish criminal liability for disclosure of On page 14, line 18, insert ‘‘intelligence’’ ment: Strike out all after the enacting clause and classified information in accordance with ap- before ‘‘activity’’. plicable law to the following: On page 15, beginning on line 9, strike ‘‘, insert: ‘‘(1) Any justice or judge of a court of the and all applicable Executive Orders,’’. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. United States established pursuant to article On page 15, line 11, strike ‘‘materials’’ and (a) SHORT TITLE.—This Act may be cited as III of the Constitution of the United States. insert ‘‘material’’. the ‘‘Intelligence Authorization Act for Fiscal ‘‘(2) The Senate or House of Representa- On page 15, line 15, strike ‘‘and Executive Year 2001’’. tives, or any committee or subcommittee Orders’’. (b) TABLE OF CONTENTS.—The table of con- thereof, or joint committee thereof, or any On page 15, line 18, strike ‘‘or Executive tents for this Act is as follows: member of Congress. Order’’. Sec. 1. Short title; table of contents. ‘‘(3) A person or persons acting on behalf of On page 15, line 22, strike ‘‘or Executive TITLE I—INTELLIGENCE ACTIVITIES a foreign power (including an international Order’’. Sec. 101. Authorization of appropriations. organization) if the disclosure— On page 15, strike line 25 and all that fol- Sec. 102. Classified schedule of authorizations. ‘‘(A) is made by an officer or employee of lows through page 16, line 16, and insert the Sec. 103. Personnel ceiling adjustments. the United States who has been authorized following: Sec. 104. Community Management Account. to make the disclosure; and (d) EFFECTS OF CERTIFICATION OF NON-FULL TITLE II—CENTRAL INTELLIGENCE AGEN- ‘‘(B) is within the scope of such officer’s or COMPLIANCE.—(1) Subject to subsection (e), CY RETIREMENT AND DISABILITY SYS- employee’s duties. effective as of January 1, 2001, a covered ele- TEM ‘‘(4) Any other person authorized to receive ment of the Department of State the classified information. On page 16, line 20, strike ‘‘and Executive Sec. 201. Authorization of appropriations. ‘‘(c) DEFINITIONS.—In this section: Orders’’. TITLE III—GENERAL PROVISIONS ‘‘(1) The term ‘authorized’, in the case of On page 16, strike lines 22 and 23 and insert Sec. 301. Increase in employee compensation access to classified information, means hav- the following: and benefits authorized by law.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 6343 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9584 CONGRESSIONAL RECORD — SENATE October 2, 2000 Sec. 302. Restriction on conduct of intelligence Sec. 702. Establishment of Japanese Imperial such action is necessary to the performance of activities. Army Records Interagency Work- important intelligence functions, except that the Sec. 303. Prohibition on unauthorized disclo- ing Group. number of personnel employed in excess of the sure of classified information. Sec. 703. Requirement of disclosure of records. number authorized under such section may not, Sec. 304. POW/MIA analytic capability within Sec. 704. Expedited processing of FOIA requests for any element of the intelligence community, the intelligence community. for Japanese Imperial Army exceed two percent of the number of civilian Sec. 305. Applicability to lawful United States records. personnel authorized under such section for intelligence activities of Federal Sec. 705. Effective date. such element. laws implementing international TITLE VIII—DECLASSIFICATION OF (b) NOTICE TO INTELLIGENCE COMMITTEES.— treaties and agreements. INFORMATION The Director of Central Intelligence shall Sec. 306. Limitation on handling, retention, promptly notify the Select Committee on Intel- Sec. 801. Short title. and storage of certain classified ligence of the Senate and the Permanent Select Sec. 802. Findings. materials by the Department of Committee on Intelligence of the House of Rep- Sec. 803. Public Interest Declassification Board. State. resentatives whenever the Director exercises the Sec. 804. Identification, collection, and review Sec. 307. Clarification of standing of United authority granted by this section. States citizens to challenge cer- for declassification of information SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. tain blocking of assets. of archival value or extraordinary (a) AUTHORIZATION OF APPROPRIATIONS.— Sec. 308. Availability of certain funds for ad- public interest. (1) IN GENERAL.—There is authorized to be ap- ministrative costs of Counterdrug Sec. 805. Protection of national security infor- propriated for the Community Management Ac- Intelligence Executive Secretariat. mation and other information. count of the Director of Central Intelligence for Sec. 309. Designation of Daniel Patrick Moy- Sec. 806. Standards and procedures. fiscal year 2001 the sum of $232,051,000. nihan Place. Sec. 807. Judicial review. (2) AVAILABILITY FOR ADVANCED RESEARCH Sec. 808. Funding. TITLE IV—CENTRAL INTELLIGENCE AND DEVELOPMENT COMMITTEE.—Within the Sec. 809. Definitions. AGENCY amount authorized to be appropriated in para- Sec. 810. Sunset. Sec. 401. Expansion of Inspector General ac- graph (1), amounts identified in the classified tions requiring a report to Con- TITLE I—INTELLIGENCE ACTIVITIES Schedule of Authorizations referred to in section gress. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 102(a) for the Advanced Research and Develop- Sec. 402. Subpoena authority of the Inspector (a) AUTHORIZATION OF APPROPRIATIONS FOR ment Committee shall remain available until General. FISCAL YEAR 2001.—Funds are hereby author- September 30, 2002. Sec. 403. Improvement and extension of central ized to be appropriated for fiscal year 2001 for (b) AUTHORIZED PERSONNEL LEVELS.—The ele- services program. the conduct of the intelligence and intelligence- ments within the Community Management Ac- Sec. 404. Details of employees to the National related activities of the following elements of the count of the Director of Central Intelligence are Reconnaissance Office. United States Government: authorized a total of 618 full-time personnel as Sec. 405. Transfers of funds to other agencies (1) The Central Intelligence Agency. of September 30, 2001. Personnel serving in such for acquisition of land. elements may be permanent employees of the Sec. 406. Eligibility of additional employees for (2) The Department of Defense. Community Management Account element or reimbursement for professional li- (3) The Defense Intelligence Agency. personnel detailed from other elements of the ability insurance. (4) The National Security Agency. (5) The National Reconnaissance Office. United States Government. TITLE V—DEPARTMENT OF DEFENSE (6) The National Imagery and Mapping Agen- (c) CLASSIFIED AUTHORIZATIONS.— INTELLIGENCE ACTIVITIES cy. (1) AUTHORIZATION OF APPROPRIATIONS.—In Sec. 501. Two-year extension of authority to en- (7) The Department of the Army, the Depart- addition to amounts authorized to be appro- gage in commercial activities as ment of the Navy, and the Department of the priated for the Community Management Ac- security for intelligence collection Air Force. count by subsection (a), there is also authorized activities. (8) The Department of State. to be appropriated for the Community Manage- Sec. 502. Role of Director of Central Intelligence (9) The Department of the Treasury. ment Account for fiscal year 2001 such addi- in experimental personnel pro- (10) The Department of Energy. tional amounts as are specified in the classified gram for certain scientific and (11) The Federal Bureau of Investigation. Schedule of Authorizations referred to in section technical personnel. (b) AUTHORIZATION OF APPROPRIATIONS FOR 102(a). Sec. 503. Prohibition on transfer of imagery an- CERTAIN ELEMENTS FOR FISCAL YEARS 2002 (2) AUTHORIZATION OF PERSONNEL.—In addi- alysts from General Defense Intel- THROUGH 2005.—Funds are hereby authorized to tion to the personnel authorized by subsection ligence Program to National Im- be appropriated for each of fiscal years 2002 (b) for elements of the Community Management agery and Mapping Agency Pro- through 2005 for the conduct in each such fiscal Account as of September 30, 2001, there is hereby gram. year of the intelligence and intelligence-related authorized such additional personnel for such Sec. 504. Prohibition on transfer of collection activities of the following elements of the United elements as of that date as is specified in the management personnel from Gen- States Government: classified Schedule of Authorizations. eral Defense Intelligence Program (1) The Central Intelligence Agency. (d) REIMBURSEMENT.—Except as provided in to Community Management Ac- (2) The Defense Intelligence Agency. section 113 of the National Security Act of 1947 count. (50 U.S.C. 404h), during fiscal year 2001, any of- Sec. 505. Authorized personnel ceiling for Gen- (3) The National Security Agency. (4) The National Reconnaissance Office. ficer or employee of the United States or member eral Defense Intelligence Program. of the Armed Forces who is detailed to the staff Sec. 506. Measurement and signature intel- SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- of an element within the Community Manage- TIONS. ligence. ment Account from another element of the (a) SPECIFICATIONS OF AMOUNTS AND PER- TITLE VI—COUNTERINTELLIGENCE United States Government shall be detailed on a SONNEL CEILINGS.—The amounts authorized to MATTERS reimbursable basis, except that any such officer, be appropriated under section 101, and the au- Sec. 601. Short title. employee, or member may be detailed on a non- thorized personnel ceilings as of September 30, Sec. 602. Orders for electronic surveillance reimbursable basis for a period of less than one 2001, for the conduct of the intelligence and in- under the Foreign Intelligence year for the performance of temporary functions telligence-related activities of the elements listed Surveillance Act of 1978. as required by the Director of Central Intel- in such section, are those specified in the classi- Sec. 603. Orders for physical searches under the ligence. fied Schedule of Authorizations prepared to ac- Foreign Intelligence Surveillance (e) NATIONAL DRUG INTELLIGENCE CENTER.— Act of 1978. company the conference report on the bill (1) IN GENERAL.—Of the amount authorized to Sec. 604. Disclosure of information acquired llll of the One Hundred Sixth Congress. be appropriated in subsection (a), $27,000,000 under the Foreign Intelligence (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF shall be available for the National Drug Intel- Surveillance Act of 1978 for law AUTHORIZATIONS.—The Schedule of Authoriza- ligence Center. Within such amount, funds pro- enforcement purposes. tions shall be made available to the Committees vided for research, development, test, and eval- Sec. 605. Coordination of counterintelligence on Appropriations of the Senate and House of uation purposes shall remain available until with the Federal Bureau of Inves- Representatives and to the President. The Presi- September 30, 2002, and funds provided for pro- tigation. dent shall provide for suitable distribution of curement purposes shall remain available until Sec. 606. Enhancing protection of national se- the Schedule, or of appropriate portions of the September 30, 2003. curity at the Department of Jus- Schedule, within the Executive Branch. (2) TRANSFER OF FUNDS.—The Director of Cen- tice. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. tral Intelligence shall transfer to the Attorney Sec. 607. Coordination requirements relating to (a) AUTHORITY FOR ADJUSTMENTS.—With the General of the United States funds available for the prosecution of cases involving approval of the Director of the Office of Man- the National Drug Intelligence Center under classified information. agement and Budget, the Director of Central In- paragraph (1). The Attorney General shall uti- Sec. 608. Severability. telligence may authorize employment of civilian lize funds so transferred for activities of the Na- TITLE VII—DISCLOSURE OF INFORMATION personnel in excess of the number authorized for tional Drug Intelligence Center. ON JAPANESE IMPERIAL ARMY fiscal year 2001 under section 102 when the Di- (3) LIMITATION.—Amounts available for the Sec. 701. Short title. rector of Central Intelligence determines that National Drug Intelligence Center may not be

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9585 used in contravention of the provisions of sec- a statute, Executive Order, regulation, or direc- international agreement shall be construed as tion 103(d)(1) of the National Security Act of tive of the head of any department or agency making unlawful an otherwise lawful and au- 1947 (50 U.S.C. 403–3(d)(1)). who is empowered to classify information, an thorized intelligence activity of the United (4) AUTHORITY.—Notwithstanding any other order of any United States court, or a provision States Government or its employees, or any provision of law, the Attorney General shall re- of any Resolution of the Senate or Rule of the other person to the extent such other person is tain full authority over the operations of the House of Representatives which governs release carrying out such activity on behalf of, and at National Drug Intelligence Center. of classified information by such House of Con- the direction of, the United States, unless such TITLE II—CENTRAL INTELLIGENCE AGEN- gress. Federal law specifically addresses such intel- CY RETIREMENT AND DISABILITY SYS- ‘‘(2) The term ‘classified information’ means ligence activity. TEM information or material properly classified and ‘‘(b) AUTHORIZED INTELLIGENCE ACTIVITIES.— clearly marked or represented, or that the per- An intelligence activity shall be treated as au- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. son knows or has reason to believe has been thorized for purposes of subsection (a) if the in- There is authorized to be appropriated for the properly classified by appropriate authorities, telligence activity is authorized by an appro- Central Intelligence Agency Retirement and Dis- pursuant to the provisions of a statute or Execu- priate official of the United States Government, ability Fund for fiscal year 2001 the sum of tive Order, as requiring protection against un- acting within the scope of the official duties of $216,000,000. authorized disclosure for reasons of national se- that official and in compliance with Federal law TITLE III—GENERAL PROVISIONS curity. and any applicable Presidential directive.’’. SEC. 301. INCREASE IN EMPLOYEE COMPENSA- ‘‘(3) The term ‘officer or employee of the SEC. 306. LIMITATION ON HANDLING, RETEN- TION AND BENEFITS AUTHORIZED United States’ means the following: TION, AND STORAGE OF CERTAIN BY LAW. ‘‘(A) An officer or employee (as those terms CLASSIFIED MATERIALS BY THE DE- Appropriations authorized by this Act for sal- are defined in sections 2104 and 2105 of title 5). PARTMENT OF STATE. ary, pay, retirement, and other benefits for Fed- ‘‘(B) An officer or enlisted member of the (a) CERTIFICATION REGARDING FULL COMPLI- eral employees may be increased by such addi- Armed Forces (as those terms are defined in sec- ANCE WITH REQUIREMENTS.—The Director of tional or supplemental amounts as may be nec- tion 101(b) of title 10).’’. Central Intelligence shall certify to the appro- essary for increases in such compensation or (b) CLERICAL AMENDMENT.—The table of sec- priate committees of Congress whether or not benefits authorized by law. tions at the beginning of that chapter is amend- each covered element of the Department of State is in full compliance with all applicable direc- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- ed by striking the item relating to section 798A LIGENCE ACTIVITIES. and inserting the following new items: tives of the Director of Central Intelligence re- lating to the handling, retention, or storage of The authorization of appropriations by this ‘‘798A. Unauthorized disclosure of classified in- covered classified material. Act shall not be deemed to constitute authority formation. (b) LIMITATION ON CERTIFICATION.—The Di- for the conduct of any intelligence activity ‘‘798B. Temporary extension of section 794.’’. rector of Central Intelligence may not certify a which is not otherwise authorized by the Con- SEC. 304. POW/MIA ANALYTIC CAPABILITY WITHIN covered element of the Department of State as stitution or the laws of the United States. THE INTELLIGENCE COMMUNITY. being in full compliance with the directives re- SEC. 303. PROHIBITION ON UNAUTHORIZED DIS- Title I of the National Security Act of 1947 (50 ferred to in subsection (a) if the covered element CLOSURE OF CLASSIFIED INFORMA- U.S.C. 402 et seq.) is amended by adding at the TION. is currently subject to a waiver of compliance end the following: with respect to any such directive. (a) IN GENERAL.—Chapter 37 of title 18, ‘‘POW/MIA ANALYTIC CAPABILITY (c) REPORT ON NONCOMPLIANCE.—Whenever United States Code, is amended— ‘‘SEC. 115. (a) REQUIREMENT.—(1) The Direc- the Director of Central Intelligence determines (1) by redesignating section 798A as section tor of Central Intelligence shall, in consultation that a covered element of the Department of 798B; and with the Secretary of Defense, establish and State is not in full compliance with any direc- (2) by inserting after section 798 the following maintain in the intelligence community an ana- tive referred to in subsection (a), the Director new section 798A: lytic capability with responsibility for intel- shall promptly notify the appropriate commit- ‘‘§ 798A. Unauthorized disclosure of classified ligence in support of the activities of the United tees of Congress of such determination. information States relating to unaccounted for United States (d) EFFECTS OF CERTIFICATION OF NON-FULL ‘‘(a) PROHIBITION.—Whoever, being an officer personnel. COMPLIANCE.—(1) Subject to subsection (e), ef- or employee of the United States, a former or re- ‘‘(2) The analytic capability maintained under fective as of January 1, 2001, a covered element tired officer or employee of the United States, paragraph (1) shall be known as the ‘POW/MIA of the Department of State may not retain or any other person with authorized access to clas- analytic capability of the intelligence commu- store covered classified information unless the sified information, or any other person formerly nity’. Director has certified under subsection (a) as of with authorized access to classified information, ‘‘(b) SCOPE OF RESPONSIBILITY.—The respon- such date that the covered element is in full knowingly and willfully discloses, or attempts to sibilities of the analytic capability maintained compliance with the directives referred to in disclose, any classified information acquired as under subsection (a) shall— subsection (a). a result of such person’s authorized access to ‘‘(1) extend to any activities of the Federal (2) If the prohibition in paragraph (1) takes classified information to a person (other than Government with respect to unaccounted for effect in accordance with that paragraph, the an officer or employee of the United States) who United States personnel after December 31, 1999; prohibition shall remain in effect until the date is not authorized access to such classified infor- and on which the Director certifies under subsection mation, knowing that the person is not author- ‘‘(2) include support for any department or (a) that the covered element involved is in full ized access to such classified information, shall agency of the Federal Government engaged in compliance with the directives referred to in be fined under this title, imprisoned not more such activities. that subsection. than 3 years, or both. ‘‘(c) UNACCOUNTED FOR UNITED STATES PER- (e) WAIVER BY DIRECTOR OF CENTRAL INTEL- ‘‘(b) CONSTRUCTION OF PROHIBITION.—Noth- SONNEL DEFINED.—In this section, the term ‘un- LIGENCE.—(1) The Director of Central Intel- ing in this section shall be construed to establish accounted for United States personnel’ means ligence may waive the applicability of the prohi- criminal liability for disclosure of classified in- the following: bition in subsection (d) to an element of the De- formation in accordance with applicable law to ‘‘(1) Any missing person (as that term is de- partment of State otherwise covered by such the following: fined in section 1513(1) of title 10, United States prohibition if the Director determines that the ‘‘(1) Any justice or judge of a court of the Code). waiver is in the national security interests of United States established pursuant to article III ‘‘(2) Any United States national who was the United States. of the Constitution of the United States. killed while engaged in activities on behalf of (2) The Director shall submit to appropriate ‘‘(2) The Senate or House of Representatives, the United States Government and whose re- committees of Congress a report on each exercise or any committee or subcommittee thereof, or mains have not been repatriated to the United of the waiver authority in paragraph (1). (3) Each report under paragraph (2) with re- joint committee thereof, or any member of Con- States.’’. spect to the exercise of authority under para- gress. SEC. 305. APPLICABILITY TO LAWFUL UNITED graph (1) shall set forth the following: ‘‘(3) A person or persons acting on behalf of a STATES INTELLIGENCE ACTIVITIES (A) The covered element of the Department of foreign power (including an international orga- OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND State addressed by the waiver. nization) if the disclosure— AGREEMENTS. (B) The reasons for the waiver. ‘‘(A) is made by an officer or employee of the The National Security Act of 1947 (50 U.S.C. (C) The actions, if any, that will be taken to United States who has been authorized to make 401 et seq.) is amended by adding at the end the bring such element into full compliance with the the disclosure; and following: directives referred to in subsection (a), including ‘‘(B) is within the scope of such officer’s or ‘‘TITLE X—MISCELLANEOUS a schedule for completion of such actions. employee’s duties. (D) The actions taken by the Director to pro- ‘‘(4) Any other person authorized to receive ‘‘APPLICABILITY TO UNITED STATES INTELLIGENCE tect any covered classified material to be han- the classified information. ACTIVITIES OF FEDERAL LAWS IMPLEMENTING dled, retained, or stored by such element pend- ‘‘(c) DEFINITIONS.—In this section: INTERNATIONAL TREATIES AND AGREEMENTS ing achievement of full compliance of such ele- ‘‘(1) The term ‘authorized’, in the case of ac- ‘‘SEC. 1001. (a) IN GENERAL.—No Federal law ment with such directives. cess to classified information, means having au- enacted on or after the date of the enactment of (f) DEFINITIONS.—In this section: thority or permission to have access to the clas- the Intelligence Authorization Act for Fiscal (1) The term ‘‘appropriate committees of Con- sified information pursuant to the provisions of Year 2001 that implements a treaty or other gress’’ means the following:

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9586 CONGRESSIONAL RECORD — SENATE October 2, 2000 (A) The Select Committee on Intelligence and member of the President’s Council on Pennsyl- ‘‘(III) Deputy Director for Intelligence; the Committee on Foreign Relations of the Sen- vania Avenue (1962–1964), and as vice-chairman ‘‘(IV) Deputy Director for Administration; or ate. of the President’s Temporary Commission on ‘‘(V) Deputy Director for Science and Tech- (B) The Permanent Select Committee on Intel- Pennsylvania Avenue (1965–1969), and in his nology; ligence and the Committee on International Re- various capacities in the executive and legisla- ‘‘(C) a matter requires a report by the Inspec- lations of the House of Representatives. tive branches, Senator Moynihan has consist- tor General to the Department of Justice on pos- (2) The term ‘‘covered classified material’’ ently and creatively sought to fulfill President sible criminal conduct by a current or former means any material classified at the Sensitive Kennedy’s recommendation of June 1, 1962, that Agency official described or referred to in sub- Compartmented Information (SCI) level. the Avenue not become a ‘‘solid phalanx of pub- paragraph (B); (3) The term ‘‘covered element of the Depart- lic and private office buildings which close ‘‘(D) the Inspector General becomes aware of ment of State’’ means each element of the De- down completely at night and on weekends,’’ the possible criminal conduct of a current or partment of State that handles, retains, or but that it be ‘‘lively, friendly, and inviting, as former Agency official described or referred to in stores covered classified material. well as dignified and impressive’’; subparagraph (B) through a means other than (4) The term ‘‘material’’ means any data, re- (4)(A) Senator Moynihan helped draft a Fed- an investigation, inspection, or audit and such gardless of physical form or characteristic, in- eral architectural policy, known as the ‘‘Guid- conduct is not referred to the Department of cluding written or printed matter, automated in- ing Principles for Federal Architecture,’’ that Justice; or formation systems storage media, maps, charts, recommends a choice of designs that are ‘‘effi- ‘‘(E) the Inspector General, after exhausting paintings, drawings, films, photographs, cient and economical’’ and that provide ‘‘visual all possible alternatives, is unable to obtain sig- engravings, sketches, working notes, papers, re- testimony to the dignity, enterprise, vigor, and nificant documentary information in the course productions of any such things by any means or stability’’ of the United States Government; and of an investigation, inspection, or audit, process, and sound, voice, magnetic, or elec- (B) the Guiding Principles for Federal Archi- the Inspector General shall immediately submit tronic recordings. tecture further state that the ‘‘development of a report on such matter to the intelligence com- (5) The term ‘‘Sensitive Compartmented Infor- an official style must be avoided. Design must mittees.’’. mation (SCI) level’’, in the case of classified ma- flow from the architectural profession to the SEC. 402. SUBPOENA AUTHORITY OF THE INSPEC- terial, means a level of classification for infor- Government, and not vice versa.’’; TOR GENERAL. mation in such material concerning or derived (5) Senator Moynihan has encouraged— (a) CLARIFICATION REGARDING REPORTS ON from intelligence sources, methods, or analytical (A) the construction of new buildings along EXERCISE OF AUTHORITY.—Section 17 of the processes that requires such information to be the Avenue, such as the Ronald Reagan Build- Central Intelligence Agency Act of 1949 (50 handled within formal access control systems es- ing and International Trade Center; and U.S.C. 403q) is amended— tablished by the Director of Central Intelligence. (B) the establishment of an academic institu- (1) in subsection (d)(1), by striking subpara- SEC. 307. CLARIFICATION OF STANDING OF tion along the Avenue, namely the Woodrow graph (E) and inserting the following new sub- UNITED STATES CITIZENS TO CHAL- Wilson International Center for Scholars, a liv- paragraph (E): LENGE CERTAIN BLOCKING OF AS- ing memorial to President Wilson; and ‘‘(E) a description of the exercise of the sub- SETS. (6) as Senator Moynihan’s service in the Sen- poena authority under subsection (e)(5) by the The Foreign Narcotics Kingpin Designation ate concludes, it is appropriate to commemorate Inspector General during the reporting period; Act (title VIII of Public Law 106–120; 113 Stat. his legacy of public service and his commitment and’’; and 1626; 21 U.S.C. 1901 et seq.) is amended by add- to thoughtful urban design in the Nation’s Cap- (2) in subsection (e)(5), by striking subpara- ing at the end the following new section: ital. graph (E). ‘‘SEC. 811. STANDING OF UNITED STATES CITI- (b) DESIGNATION.—The parcel of land located (b) SCOPE OF AUTHORITY.—Subsection ZENS TO CHALLENGE BLOCKING OF in the northwest quadrant of Washington, Dis- (e)(5)(B) of that section is amended by striking ASSETS. trict of Columbia, and described in subsection ‘‘No provision of this title shall be construed ‘‘Government’’ and inserting ‘‘Federal’’. (c) shall be known and designated as ‘‘Daniel SEC. 403. IMPROVEMENT AND EXTENSION OF to prohibit a United States citizen from raising Patrick Moynihan Place’’. any challenge otherwise available to the United CENTRAL SERVICES PROGRAM. (c) BOUNDARIES.—The parcel of land described (a) DEPOSITS IN CENTRAL SERVICES WORKING States citizen under subchapter II of chapter 5 in this subsection is the portion of Woodrow and chapter 7 of title 5, United States Code CAPITAL FUND.—Subsection (c)(2) of section 21 Wilson Plaza (as designated by Public Law 103– of the Central Intelligence Agency Act of 1949 (commonly referred to as the Administrative 284 (108 Stat. 1448)) that is bounded— Procedure Act), or any other provision of law, (50 U.S.C. 403u) is amended— (1) on the west by the eastern facade of the (1) by redesignating subparagraph (F) as sub- with respect to the blocking of assets by the Ronald Reagan Building and International United States under this title.’’. paragraph (H); and Trade Center; (2) by inserting after subparagraph (E) the SEC. 308. AVAILABILITY OF CERTAIN FUNDS FOR (2) on the east by the western facade of the following new subparagraphs: ADMINISTRATIVE COSTS OF Ariel Rios Building; COUNTERDRUG INTELLIGENCE EX- ‘‘(F) Receipts from individuals in reimburse- ECUTIVE SECRETARIAT. (3) on the north by the southern edge of the ment for utility services and meals provided Notwithstanding section 1346 of title 31, sidewalk abutting Pennsylvania Avenue; and under the program. United States Code, or section 610 of the Treas- (4) on the south by the line that, bisecting the ‘‘(G) Receipts from individuals for the rental ury and General Government Appropriations atrium of the Ronald Reagan Building and of property and equipment under the program.’’. Act, 2000 (Public Law 106–58; 113 Stat. 467), International Trade Center, continues east to (b) CLARIFICATION OF COSTS RECOVERABLE funds made available for fiscal year 2000 for any bisect the western hemicycle of the Ariel Rios UNDER PROGRAM.—Subsection (e)(1) of that sec- department or agency of the Federal Govern- Building. tion is amended in the second sentence by in- EFERENCES.—Any reference in a law, ment with authority to conduct counterdrug in- (d) R serting ‘‘other than structures owned by the map, regulation, document, paper, or other telligence activities, including counterdrug law Agency’’ after ‘‘depreciation of plant and equip- record of the United States to the parcel of land enforcement information-gathering activities, ment’’. described in subsection (c) shall be deemed to be may be available to finance an appropriate (c) FINANCIAL STATEMENTS OF PROGRAM.— a reference to Daniel Patrick Moynihan Place. share of the administrative costs incurred by the Subsection (g)(2) of that section is amended in Department of Justice for the Counterdrug In- TITLE IV—CENTRAL INTELLIGENCE the first sentence by striking ‘‘annual audits telligence Executive Secretariat authorized by AGENCY under paragraph (1)’’ and inserting the fol- lowing: ‘‘financial statements to be prepared the General Counterdrug Intelligence Plan of SEC. 401. EXPANSION OF INSPECTOR GENERAL February 12, 2000. ACTIONS REQUIRING A REPORT TO with respect to the program. Office of Manage- ment and Budget guidance shall also determine SEC. 309. DESIGNATION OF DANIEL PATRICK CONGRESS. MOYNIHAN PLACE. Section 17(d)(3) of the Central Intelligence the procedures for conducting annual audits (a) FINDINGS.—Congress finds that— Agency Act of 1949 (50 U.S.C. 403q(d)(3)) is under paragraph (1).’’. (1) during the second half of the twentieth amended by striking all that follows after sub- (d) EXTENSION OF PROGRAM.—Subsection century, Senator Daniel Patrick Moynihan pro- paragraph (A) and inserting the following: (h)(1) of that section is amended by striking moted the importance of architecture and urban ‘‘(B) an investigation, inspection, or audit ‘‘March 31, 2002’’ and inserting ‘‘March 31, planning in the Nation’s Capital, particularly carried out by the Inspector General should 2005’’. with respect to the portion of Pennsylvania Ave- focus on any current or former Agency official SEC. 404. DETAILS OF EMPLOYEES TO THE NA- nue between the White House and the United who— TIONAL RECONNAISSANCE OFFICE. States Capitol (referred to in this subsection as ‘‘(i) holds or held a position in the Agency The Central Intelligence Agency Act of 1949 the ‘‘Avenue’’); that is subject to appointment by the President, (50 U.S.C. 403a et seq.) is amended by adding at (2) Senator Moynihan has stressed the unique by and with the advise and consent of the Sen- the end the following new section: significance of the Avenue as conceived by ate, including such a position held on an acting ‘‘DETAILS OF EMPLOYEES Pierre Charles L’Enfant to be the ‘‘grand axis’’ basis; or ‘‘SEC. 22. The Director may— of the Nation’s Capital as well as a symbolic ‘‘(ii) holds or held the position in the Agency, ‘‘(1) detail any personnel of the Agency on a representation of the separate yet unified including such a position held on an acting reimbursable basis indefinitely to the National branches of the United States Government; basis, of— Reconnaissance Office without regard to any (3) through his service to the Ad Hoc Com- ‘‘(I) Executive Director; limitation under law on the duration of details mittee on Federal Office Space (1961–1962), as a ‘‘(II) Deputy Director for Operations; of Federal government personnel; and

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9587 ‘‘(2) hire personnel for the purpose of details Secretary shall respond to such request not later (1) The Committee on Armed Services and the under paragraph (1).’’. than 30 days after the date of such request. Select Committee on Intelligence of the Senate. SEC. 405. TRANSFERS OF FUNDS TO OTHER AGEN- SEC. 503. PROHIBITION ON TRANSFER OF IM- (2) The Committee on Armed Services and the CIES FOR ACQUISITION OF LAND. AGERY ANALYSTS FROM GENERAL Permanent Select Committee on Intelligence of (a) IN GENERAL.—Section 8 of the Central In- DEFENSE INTELLIGENCE PROGRAM the House of Representatives. telligence Agency Act of 1949 (50 U.S.C. 403j) is TO NATIONAL IMAGERY AND MAP- PING AGENCY PROGRAM. TITLE VI—COUNTERINTELLIGENCE amended by adding at the end the following MATTERS new subsection: (a) PROHIBITION ON USE OF FUNDS FOR SEC. 601. SHORT TITLE. ‘‘(c) TRANSFERS FOR ACQUISITION OF LAND.— TRANSFER.—No funds authorized to be appro- This title may be cited as the ‘‘Counterintel- (1) Sums appropriated or otherwise made avail- priated by this Act may be transferred from the ligence Reform Act of 2000’’. able to the Agency for the acquisition of land General Defense Intelligence Program to the Na- that are transferred to another department or tional Imagery and Mapping Agency Program SEC. 602. ORDERS FOR ELECTRONIC SURVEIL- agency for that purpose shall remain available for purposes of transferring imagery analysis LANCE UNDER THE FOREIGN INTEL- personnel from the General Defense Intelligence LIGENCE SURVEILLANCE ACT OF for 3 years. 1978. ‘‘(2) The Director shall submit to the Select Program to the National Imagery and Mapping (a) REQUIREMENTS REGARDING CERTAIN APPLI- Committee on Intelligence of the Senate and the Agency Program. CATIONS.—Section 104 of the Foreign Intel- Permanent Select Committee on Intelligence of (b) ROLE OF DIRECTOR OF NIMA AS FUNC- TIONAL MANAGER FOR IMAGERY AND GEOSPACIAL ligence Surveillance Act of 1978 (50 U.S.C. 1804) the House of Representatives an annual report is amended by adding at the end the following on the transfers of sums described in paragraph PROGRAMS.—(1) The Secretary of Defense shall, in consultation with the Director of Central In- new subsection: (1).’’. ‘‘(e)(1)(A) Upon written request of the Direc- (b) CONFORMING STYLISTIC AMENDMENTS.— telligence, review options for strengthening the tor of the Federal Bureau of Investigation, the That section is further amended— role of the Director of the National Imagery and Secretary of Defense, the Secretary of State, or (1) in subsection (a), by inserting ‘‘IN GEN- Mapping Agency as the functional manager for the Director of Central Intelligence, the Attor- ERAL.—’’ after ‘‘(a)’’; and United States imagery and geospacial programs. ney General shall personally review under sub- (2) in subsection (b), by inserting ‘‘SCOPE OF (2) Not later than March 15, 2001, the Sec- section (a) an application under that subsection AUTHORITY FOR EXPENDITURE.—’’ after ‘‘(b)’’. retary shall submit to the appropriate commit- for a target described in section 101(b)(2). (c) APPLICABILITY.—Subsection (c) of section 8 tees of Congress a report on the review required of the Central Intelligence Agency Act of 1949, by subsection (b). The report shall include any ‘‘(B) Except when disabled or otherwise un- as added by subsection (a) of this section, shall recommendations regarding modifications in the available to make a request referred to in sub- apply with respect to amounts appropriated or role and duties of the Director of the National paragraph (A), an official referred to in that otherwise made available for the Central Intel- Imagery and Mapping Agency that the Sec- subparagraph may not delegate the authority to ligence Agency for fiscal years after fiscal year retary considers appropriate in light of the re- make a request referred to in that subpara- 2000. view. graph. (3) In this subsection, the term ‘‘appropriate ‘‘(C) Each official referred to in subparagraph SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOY- (A) with authority to make a request under that EES FOR REIMBURSEMENT FOR PRO- committees of Congress’’ means the following: FESSIONAL LIABILITY INSURANCE. (A) The Committee on Armed Services and the subparagraph shall take appropriate actions in (a) IN GENERAL.—Notwithstanding any provi- Select Committee on Intelligence of the Senate. advance to ensure that delegation of such au- sion of section 363 of the Treasury, Postal Serv- (B) The Committee on Armed Services and the thority is clearly established in the event such ice, and General Government Appropriations Permanent Select Committee on Intelligence of official is disabled or otherwise unavailable to Act, 1997 (5 U.S.C. prec. 5941 note), the Director the House of Representatives. make such request. ‘‘(2)(A) If as a result of a request under para- of Central Intelligence may— SEC. 504. PROHIBITION ON TRANSFER OF COL- (1) designate as qualified employees within LECTION MANAGEMENT PERSONNEL graph (1) the Attorney General determines not the meaning of subsection (b) of that section ap- FROM GENERAL DEFENSE INTEL- to approve an application under the second sen- propriate categories of employees not otherwise LIGENCE PROGRAM TO COMMUNITY tence of subsection (a) for purposes of making covered by that subsection; and MANAGEMENT ACCOUNT. the application under this section, the Attorney (2) use appropriated funds available to the Di- No funds authorized to be appropriated by General shall provide written notice of the de- rector to reimburse employees within categories this Act may be transferred from the General termination to the official making the request so designated for one-half of the costs incurred Defense Intelligence Program to the Community for the review of the application under that by such employees for professional liability in- Management Account for purposes of transfer- paragraph. Except when disabled or otherwise surance in accordance with subsection (a) of ring intelligence collection management per- unavailable to make a determination under the that section. sonnel. preceding sentence, the Attorney General may (b) REPORTS.—The Director of Central Intel- SEC. 505. AUTHORIZED PERSONNEL CEILING FOR not delegate the responsibility to make a deter- ligence shall submit to the Select Committee on GENERAL DEFENSE INTELLIGENCE mination under that sentence. The Attorney Intelligence of the Senate and the Permanent PROGRAM. General shall take appropriate actions in ad- Select Committee of Intelligence of the House of The authorized personnel ceiling for the Gen- vance to ensure that delegation of such respon- Representatives a report on each designation of eral Defense Intelligence Program specified in sibility is clearly established in the event the At- a category of employees under paragraph (1) of the classified Schedule of Authorizations re- torney General is disabled or otherwise unavail- subsection (a), including the approximate num- ferred to in section 102 is hereby increased by able to make such determination. ber of employees covered by such designation 2,152 positions. ‘‘(B) Notice with respect to an application and an estimate of the amount to be expended SEC. 506. MEASUREMENT AND SIGNATURE INTEL- under subparagraph (A) shall set forth the on reimbursement of such employees under LIGENCE. modifications, if any, of the application that are paragraph (2) of that subsection. (a) STUDY OF OPTIONS.—The Director of Cen- necessary in order for the Attorney General to TITLE V—DEPARTMENT OF DEFENSE tral Intelligence shall, in coordination with the approve the application under the second sen- INTELLIGENCE ACTIVITIES Secretary of Defense, conduct a study of the tence of subsection (a) for purposes of making utility and feasibility of various options for im- the application under this section. SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY proving the management and organization of ‘‘(C) Upon review of any modifications of an TO ENGAGE IN COMMERCIAL ACTIVI- TIES AS SECURITY FOR INTEL- measurement and signature intelligence, includ- application set forth under subparagraph (B), LIGENCE COLLECTION ACTIVITIES. ing— the official notified of the modifications under Section 431(a) of title 10, United States Code, (1) the option of establishing a centralized this paragraph shall modify the application if is amended in the second sentence by striking tasking, processing, exploitation, and dissemina- such official determines that such modification ‘‘December 31, 2000’’ and inserting ‘‘December tion facility for measurement and signature in- is warranted. Such official shall supervise the 31, 2002’’. telligence; making of any modification under this subpara- (2) options for recapitalizing and reconfig- graph. Except when disabled or otherwise un- SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTEL- LIGENCE IN EXPERIMENTAL PER- uring the current systems for measurement and available to supervise the making of any modi- SONNEL PROGRAM FOR CERTAIN signature intelligence; and fication under the preceding sentence, such offi- SCIENTIFIC AND TECHNICAL PER- (3) the operation and maintenance costs of the cial may not delegate the responsibility to super- SONNEL. various options. vise the making of any modification under that If the Director of Central Intelligence requests (b) REPORT.—Not later than April 1, 2001, the preceding sentence. Each such official shall take that the Secretary of Defense exercise any au- Director and the Secretary shall jointly submit appropriate actions in advance to ensure that thority available to the Secretary under section to the appropriate committees of Congress a re- delegation of such responsibility is clearly estab- 1101(b) of the Strom Thurmond National De- port on their findings as a result of the study re- lished in the event such official is disabled or fense Authorization Act for Fiscal Year 1999 quired by subsection (a). The report shall set otherwise unavailable to supervise the making (Public Law 105–261; 5 U.S.C. 3104 note) to carry forth any recommendations that the Director of such modification.’’. out a program of special personnel management and the Secretary consider appropriate. (b) PROBABLE CAUSE.—Section 105 of that Act authority at the National Imagery and Mapping (c) APPROPRIATE COMMITTEES OF CONGRESS (50 U.S.C. 1805) is amended— Agency and the National Security Agency in DEFINED.—In this section, the term ‘‘appro- (1) by redesignating subsections (b), (c), (d), order to facilitate recruitment of eminent experts priate committees of Congress’’ means the fol- (e), (f), and (g) as subsections (c), (d), (e), (f), in science and engineering at such agencies, the lowing: (g), and (h), respectively;

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(2) by inserting after subsection (a) the fol- (2) by inserting after subsection (a) the fol- (b) TIMELY PROVISION OF INFORMATION AND lowing new subsection (b): lowing new subsection (b): CONSULTATION ON ESPIONAGE INVESTIGATIONS.— ‘‘(b) In determining whether or not probable ‘‘(b) In determining whether or not probable Paragraph (2) of that subsection is further cause exists for purposes of an order under sub- cause exists for purposes of an order under sub- amended— section (a)(3), a judge may consider past activi- section (a)(3), a judge may consider past activi- (1) by inserting ‘‘in a timely manner’’ after ties of the target, as well as facts and cir- ties of the target, as well as facts and cir- ‘‘through appropriate channels’’; and cumstances relating to current or future activi- cumstances relating to current or future activi- (2) by inserting ‘‘in a timely manner’’ after ties of the target.’’; and ties of the target.’’. ‘‘are consulted’’. (3) in subsection (d), as redesignated by para- SEC. 604. DISCLOSURE OF INFORMATION AC- (c) INTERFERENCE WITH FULL FIELD ESPIO- graph (1), by striking ‘‘subsection (b)(1)’’ and QUIRED UNDER THE FOREIGN IN- NAGE INVESTIGATIONS.—That subsection is fur- inserting ‘‘subsection (c)(1)’’. TELLIGENCE SURVEILLANCE ACT OF ther amended by inserting after paragraph (3), SEC. 603. ORDERS FOR PHYSICAL SEARCHES 1978 FOR LAW ENFORCEMENT PUR- as amended by subsection (a) of this section, the UNDER THE FOREIGN INTEL- POSES. following new paragraph (4): LIGENCE SURVEILLANCE ACT OF (a) INCLUSION OF INFORMATION ON DISCLO- ‘‘(4)(A) The Federal Bureau of Investigation 1978. SURE IN SEMIANNUAL OVERSIGHT REPORT.—Sec- shall notify appropriate officials within the ex- (a) REQUIREMENTS REGARDING CERTAIN APPLI- tion 108(a) of the Foreign Intelligence Surveil- ecutive branch, including the head of the de- CATIONS.—Section 303 of the Foreign Intel- lance Act of 1978 (50 U.S.C. 1808(a)) is amend- partment or agency concerned, of the com- ligence Surveillance Act of 1978 (50 U.S.C. 1823) ed— mencement of a full field espionage investiga- is amended by adding at the end the following (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and tion with respect to an employee within the ex- (2) by adding at the end the following new new subsection: ecutive branch. ‘‘(d)(1)(A) Upon written request of the Direc- paragraph: ‘‘(B)(i) A department or agency may not con- ‘‘(2) Each report under the first sentence of tor of the Federal Bureau of Investigation, the duct a polygraph examination, interrogate, or paragraph (1) shall include a description of— Secretary of Defense, the Secretary of State, or otherwise take any action that is likely to alert ‘‘(A) each criminal case in which information the Director of Central Intelligence, the Attor- an employee covered by a notice under subpara- acquired under this Act has been passed for law ney General shall personally review under sub- graph (A) of an investigation described in that enforcement purposes during the period covered section (a) an application under that subsection subparagraph without prior coordination with for a target described in section 101(b)(2). by such report; and ‘‘(B) each criminal case in which information the Federal Bureau of Investigation. ‘‘(B) Except when disabled or otherwise un- ‘‘(ii) Any examination, interrogation, or other acquired under this Act has been authorized for available to make a request referred to in sub- action taken under clause (i) shall be taken in use at trial during such reporting period.’’. paragraph (A), an official referred to in that consultation with the Federal Bureau of Inves- (b) REPORT ON MECHANISMS FOR DETERMINA- subparagraph may not delegate the authority to tigation.’’. TIONS OF DISCLOSURE OF INFORMATION FOR LAW make a request referred to in that subpara- SEC. 606. ENHANCING PROTECTION OF NATIONAL graph. ENFORCEMENT PURPOSES.—(1) The Attorney General shall submit to the appropriate commit- SECURITY AT THE DEPARTMENT OF ‘‘(C) Each official referred to in subparagraph JUSTICE. tees of Congress a report on the authorities and (A) with authority to make a request under that (a) AUTHORIZATION FOR INCREASED RE- procedures utilized by the Department of Justice subparagraph shall take appropriate actions in SOURCES TO FULFILL NATIONAL SECURITY MIS- for determining whether or not to disclose infor- advance to ensure that delegation of such au- SION OF THE DEPARTMENT OF JUSTICE.—There mation acquired under the Foreign Intelligence thority is clearly established in the event such are authorized to be appropriated to the Depart- Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) official is disabled or otherwise unavailable to ment of Justice for the activities of the Office of make such request. for law enforcement purposes. (2) In this subsection, the term ‘‘appropriate Intelligence Policy and Review to help meet the ‘‘(2)(A) If as a result of a request under para- increased personnel demands to combat ter- graph (1) the Attorney General determines not committees of Congress’’ means the following: (A) The Select Committee on Intelligence and rorism, process applications to the Foreign Intel- to approve an application under the second sen- the Committee on the Judiciary of the Senate. ligence Surveillance Court, participate effec- tence of subsection (a) for purposes of making (B) The Permanent Select Committee on Intel- tively in counter-espionage investigations, pro- the application under this section, the Attorney ligence and the Committee on the Judiciary of vide policy analysis on national security issues, General shall provide written notice of the de- the House of Representatives. and enhance secure computer and telecommuni- termination to the official making the request cations facilities— for the review of the application under that SEC. 605. COORDINATION OF COUNTERINTEL- LIGENCE WITH THE FEDERAL BU- (1) $7,000,000 for fiscal year 2001; paragraph. Except when disabled or otherwise REAU OF INVESTIGATION. (2) $7,500,000 for fiscal year 2002; and unavailable to make a determination under the (a) TREATMENT OF CERTAIN SUBJECTS OF IN- (3) $8,000,000 for fiscal year 2003. preceding sentence, the Attorney General may VESTIGATION.—Subsection (c) of section 811 of (b) AVAILABILITY OF FUNDS.—(1) No funds au- not delegate the responsibility to make a deter- the Intelligence Authorization Act for Fiscal thorized to be appropriated by subsection (a) for mination under that sentence. The Attorney Year 1995 (50 U.S.C. 402a) is amended— the Office of Intelligence Policy and Review General shall take appropriate actions in ad- (1) in paragraphs (1) and (2), by striking may be obligated or expended until the later of vance to ensure that delegation of such respon- ‘‘paragraph (3)’’ and inserting ‘‘paragraph (5)’’; the dates on which the Attorney General sub- sibility is clearly established in the event the At- (2) by redesignating paragraphs (3), (4), (5), mits the reports required by paragraphs (2) and torney General is disabled or otherwise unavail- and (6) as paragraphs (5), (6), (7), and (8), re- (3). able to make such determination. spectively; (2)(A) The Attorney General shall submit to ‘‘(B) Notice with respect to an application (3) by inserting after paragraph (2) the fol- the committees of Congress specified in subpara- under subparagraph (A) shall set forth the lowing new paragraph (3): graph (B) a report on the manner in which the modifications, if any, of the application that are ‘‘(3)(A) The Director of the Federal Bureau of funds authorized to be appropriated by sub- necessary in order for the Attorney General to Investigation shall submit to the head of the de- section (a) for the Office of Intelligence Policy approve the application under the second sen- partment or agency concerned a written assess- and Review will be used by that Office— tence of subsection (a) for purposes of making ment of the potential impact of the actions of (i) to improve and strengthen its oversight of the application under this section. the department or agency on a counterintel- Federal Bureau of Investigation field offices in ‘‘(C) Upon review of any modifications of an ligence investigation. the implementation of orders under the Foreign application set forth under subparagraph (B), ‘‘(B) The head of the department or agency Intelligence Surveillance Act of 1978 (50 U.S.C. the official notified of the modifications under concerned shall— 1801 et seq.); and this paragraph shall modify the application if ‘‘(i) use an assessment under subparagraph (ii) to streamline and increase the efficiency of such official determines that such modification (A) as an aid in determining whether, and the application process under that Act. is warranted. Such official shall supervise the under what circumstances, the subject of an in- (B) The committees of Congress referred to in making of any modification under this subpara- vestigation under paragraph (1) should be left this subparagraph are the following: graph. Except when disabled or otherwise un- in place for investigative purposes; and (i) The Select Committee on Intelligence and available to supervise the making of any modi- ‘‘(ii) notify in writing the Director of the Fed- the Committee on the Judiciary of the Senate. fication under the preceding sentence, such offi- eral Bureau of Investigation of such determina- (ii) The Permanent Select Committee on Intel- cial may not delegate the responsibility to super- tion. ligence and the Committee on the Judiciary of vise the making of any modification under that ‘‘(C) The Director of the Federal Bureau of the House of Representatives. preceding sentence. Each such official shall take Investigation and the head of the department or (3) In addition to the report required by para- appropriate actions in advance to ensure that agency concerned shall continue to consult, as graph (2), the Attorney General shall also sub- delegation of such responsibility is clearly estab- appropriate, to review the status of an inves- mit to the Select Committee on Intelligence of lished in the event such official is disabled or tigation covered by this paragraph and to reas- the Senate and the Permanent Select Committee otherwise unavailable to supervise the making sess, as appropriate, a determination of the on Intelligence of the House of Representatives of such modification.’’. head of the department or agency concerned to a report that addresses the issues identified in (b) PROBABLE CAUSE.—Section 304 of that Act leave a subject in place for investigative pur- the semiannual report of the Attorney General (50 U.S.C. 1824) is amended— poses.’’; and to such committees under section 108(a) of the (1) by redesignating subsections (b), (c), (d), (4) in paragraph (5), as so redesignated, by Foreign Intelligence Surveillance Act of 1978 (50 and (e) as subsections (c), (d), (e), and (f), re- striking ‘‘paragraph (1) or (2)’’ and inserting U.S.C. 1808(a)) that was submitted in April 2000, spectively; and ‘‘paragraph (1), (2), or (3)’’. including any corrective actions with regard to

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The report under this paragraph has grounds to believe ordered, incited, assisted, (3) reveal information that would assist in the shall be submitted in classified form. or otherwise participated in the experimentation development or use of weapons of mass destruc- (4) Funds made available pursuant to sub- and persecution of any person because of race, tion; section (a), in any fiscal year, shall remain religion, national origin, or political option, (4) reveal information that would impair available until expended. during the period beginning September 18, 1931, United States cryptologic systems or activities; (c) REPORT ON COORDINATING NATIONAL SECU- and ending on December 31, 1948, under the di- (5) reveal information that would impair the RITY AND INTELLIGENCE FUNCTIONS WITHIN THE rection of, or in association with— application of state-of-the-art technology within DEPARTMENT OF JUSTICE.—The Attorney Gen- (A) the Japanese Imperial Army; a United States weapon system; eral shall report to the Select Committee on In- (B) any government in any area occupied by (6) reveal actual United States military war telligence and the Committee on the Judiciary of the military forces of the Japanese Imperial plans that remain in effect; the Senate and the Permanent Select Committee Army; (7) reveal information that would seriously on Intelligence and the Committee on the Judici- (C) any government established with the as- and demonstrably impair relations between the ary of the House of Representatives within 120 sistance or cooperation of the Japanese Imperial United States and a foreign government, or seri- days on actions that have been or will be taken Army; or ously and demonstrably undermine ongoing dip- by the Department to— (D) any government which was an ally of the lomatic activities of the United States; (8) reveal information that would clearly, and (1) promote quick and efficient responses to Imperial Army of Japan. demonstrably impair the current ability of national security issues; (4) RECORD.—The term ‘‘record’’ means a Jap- United States Government officials to protect (2) centralize a point-of-contact within the anese Imperial Army record. the President, Vice President, and other officials Department on national security matters for ex- (b) ESTABLISHMENT OF INTERAGENCY GROUP.— for whom protection services are authorized in ternal entities and agencies; and (1) IN GENERAL.—Not later than 60 days after the interest of national security; (3) coordinate the dissemination of intel- the date of the enactment of this Act, the Presi- ligence information within the appropriate com- (9) reveal information that would seriously dent shall establish the Japanese Imperial Army and demonstrably impair current national secu- ponents of the Department and the formulation Records Interagency Working Group, which of policy on national security issues. rity emergency preparedness plans; or shall remain in existence for 3 years after the (10) violate a treaty or other international SEC. 607. COORDINATION REQUIREMENTS RELAT- date the Interagency Group is established. agreement. ING TO THE PROSECUTION OF (2) MEMBERSHIP.—The President shall appoint (c) APPLICATIONS OF EXEMPTIONS.— CASES INVOLVING CLASSIFIED IN- to the Interagency Group individuals whom the FORMATION. (1) IN GENERAL.—In applying the exemptions President determines will most completely and The Classified Information Procedures Act (18 provided in paragraphs (2) through (10) of sub- effectively carry out the functions of the Inter- U.S.C. App.) is amended by inserting after sec- section (b), there shall be a presumption that agency Group within the time limitations pro- tion 9 the following new section: the public interest will be served by disclosure vided in this section, including the Historian of and release of the records of the Japanese Impe- ‘‘COORDINATION REQUIREMENTS RELATING TO THE the Department of State, the Archivist of the rial Army. The exemption may be asserted only PROSECUTION OF CASES INVOLVING CLASSIFIED United States, the head of any other agency the when the head of the agency that maintains the INFORMATION President considers appropriate, and no more records determines that disclosure and release ‘‘SEC. 9A. (a) BRIEFINGS REQUIRED.—The As- than 3 other persons. The head of an agency ap- would be harmful to a specific interest identified sistant Attorney General for the Criminal Divi- pointed by the President may designate an ap- in the exemption. An agency head who makes sion and the appropriate United States Attor- propriate officer to serve on the Interagency such a determination shall promptly report it to ney, or the designees of such officials, shall pro- Group in lieu of the head of such agency. the committees of Congress with appropriate ju- vide briefings to the senior agency official, or (3) INITIAL MEETING.—Not later than 90 days risdiction, including the Committee on the Judi- the designee of such official, with respect to any after the date of the enactment of this Act, the ciary and the Select Committee on Intelligence case involving classified information that origi- Interagency Group shall hold an initial meeting of the Senate and the Committee on Government nated in the agency of such senior agency offi- and begin the functions required under this sec- Reform and Oversight and the Permanent Select cial. tion. Committee on Intelligence of the House of Rep- ‘‘(b) TIMING OF BRIEFINGS.—Briefings under (c) FUNCTIONS.—Not later than 1 year after resentatives. subsection (a) with respect to a case shall the date of the enactment of this Act, the Inter- (2) APPLICATION OF TITLE 5.—A determination occur— agency Group shall, to the greatest extent pos- by an agency head to apply an exemption pro- ‘‘(1) as soon as practicable after the Depart- sible consistent with section 703— vided in paragraphs (2) through (9) of sub- ment of Justice and the United States Attorney (1) locate, identify, inventory, recommend for section (b) shall be subject to the same standard concerned determine that a prosecution or po- declassification, and make available to the pub- of review that applies in the case of records tential prosecution could result; and lic at the National Archives and Records Admin- withheld under section 552(b)(1) of title 5, ‘‘(2) at such other times thereafter as are nec- istration, all classified Japanese Imperial Army United States Code. essary to keep the senior agency official con- records of the United States; (d) LIMITATION ON EXEMPTIONS.— cerned fully and currently informed of the sta- (2) coordinate with agencies and take such ac- (1) IN GENERAL.—The exemptions set forth in tus of the prosecution. tions as necessary to expedite the release of such subsection (b) shall constitute the only grounds ‘‘(c) SENIOR AGENCY OFFICIAL DEFINED.—In records to the public; and pursuant to which an agency head may exempt this section, the term ‘senior agency official’ has (3) submit a report to Congress, including the records otherwise subject to release under sub- the meaning given that term in section 1.1 of Ex- Committee on Government Reform and Over- section (a). ecutive Order No. 12958.’’. sight of the House of Representatives, the Select (2) RECORDS RELATED TO INVESTIGATION OR SEC. 608. SEVERABILITY. Committee on Intelligence of the Senate, the PROSECUTIONS.—This section shall not apply to If any provision of this title (including an Permanent Select Committee on Intelligence of records— amendment made by this title), or the applica- the House of Representatives, and the Com- (A) related to or supporting any active or in- tion thereof, to any person or circumstance, is mittee on the Judiciary of the Senate, describing active investigation, inquiry, or prosecution by held invalid, the remainder of this title (includ- all such records, the disposition of such records, the Office of Special Investigations of the De- ing the amendments made by this title), and the and the activities of the Interagency Group and partment of Justice; or application thereof, to other persons or cir- agencies under this section. (B) solely in the possession, custody, or con- cumstances shall not be affected thereby. (d) FUNDING.—There is authorized to be ap- trol of the Office of Special Investigations. TITLE VII—DISCLOSURE OF INFORMATION propriated such sum as may be necessary to SEC. 704. EXPEDITED PROCESSING OF FOIA RE- ON JAPANESE IMPERIAL ARMY carry out the provisions of this title. QUESTS FOR JAPANESE IMPERIAL ARMY RECORDS. SEC. 701. SHORT TITLE. SEC. 703. REQUIREMENT OF DISCLOSURE OF For purposes of expedited processing under RECORDS. This title may be cited as the ‘‘Japanese Impe- section 552(a)(6)(E) of title 5, United States rial Army Disclosure Act’’. (a) RELEASE OF RECORDS.—Subject to sub- Code, any person who was persecuted in the SEC. 702. ESTABLISHMENT OF JAPANESE IMPE- sections (b), (c), and (d), the Japanese Imperial manner described in section 702(a)(3) and who RIAL ARMY RECORDS INTERAGENCY Army Records Interagency Working Group shall requests a Japanese Imperial Army record shall WORKING GROUP. release in their entirety Japanese Imperial Army be deemed to have a compelling need for such (a) DEFINITIONS.—In this section: records. record. (1) AGENCY.—The term ‘‘agency’’ has the (b) EXCEPTION FOR PRIVACY.—An agency SEC. 705. EFFECTIVE DATE. meaning given such term under section 551 of head may exempt from release under subsection The provisions of this title shall take effect on title 5, United States Code. (a) specific information, that would— the date that is 90 days after the date of the en- (2) INTERAGENCY GROUP.—The term ‘‘Inter- (1) constitute a clearly unwarranted invasion actment of this Act. agency Group’’ means the Japanese Imperial of personal privacy; Army Records Interagency Working Group es- (2) reveal the identity of a confidential human TITLE VIII—DECLASSIFICATION OF tablished under subsection (b). source, or reveal information about the applica- INFORMATION (3) JAPANESE IMPERIAL ARMY RECORDS.—The tion of an intelligence source or method, or re- SEC. 801. SHORT TITLE. term ‘‘Japanese Imperial Army records’’ means veal the identity of a human intelligence source This title may be cited as the ‘‘Public Interest classified records or portions of records that per- when the unauthorized disclosure of that source Declassification Act of 2000’’. tain to any person with respect to whom the would clearly and demonstrably damage the na- SEC. 802. FINDINGS. United States Government, in its sole discretion, tional security interests of the United States; Congress makes the following findings:

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9590 CONGRESSIONAL RECORD — SENATE October 2, 2000 (1) It is in the national interest to establish an (E) one shall be appointed by the Minority of the Senior Executive Service under section effective, coordinated, and cost-effective means Leader of the House of Representatives. 5382 of title 5, United States Code, for each day by which records on specific subjects of extraor- (2)(A) Of the members initially appointed to such member is engaged in the actual perform- dinary public interest that do not undermine the the Board, three shall be appointed for a term of ance of duties of the Board. national security interests of the United States four years, three shall be appointed for a term (2) Members of the Board shall be allowed may be collected, retained, reviewed, and dis- of three years, and three shall be appointed for travel expenses, including per diem in lieu of seminated to Congress, policymakers in the exec- a term of two years. subsistence at rates authorized for employees of utive branch, and the public. (B) Any subsequent appointment to the Board agencies under subchapter of chapter 57 of title (2) Ensuring, through such measures, public shall be for a term of three years. 5, United States Code, while away from their access to information that does not require con- (3) A vacancy in the Board shall be filled in homes or regular places of business in the per- tinued protection to maintain the national secu- the same manner as the original appointment. A formance of the duties of the Board. rity interests of the United States is a key to member of the Board appointed to fill a vacancy (i) GUIDANCE; ANNUAL BUDGET.—(1) On behalf striking the balance between secrecy essential to before the expiration of a term shall serve for of the President, the Assistant to the President national security and the openness that is cen- the remainder of the term. for National Security Affairs shall provide guid- tral to the proper functioning of the political in- (4) A member of the Board may be appointed ance on policy to the Board. stitutions of the United States. to a new term on the Board upon the expiration (2) The Executive Secretary of the Board, SEC. 803. PUBLIC INTEREST DECLASSIFICATION of the member’s term on the Board, except that under the direction of the Chairperson of the BOARD. no member may serve more than three full terms Board and the Board, and acting in consulta- (a) ESTABLISHMENT.—There is established on the Board. tion with the Archivist of the United States, the within the executive branch of the United States (d) CHAIRPERSON; EXECUTIVE SECRETARY.— Assistant to the President for National Security a board to be known as the ‘‘Public Interest De- (1)(A) The President shall designate one of the Affairs, and the Director of the Office of Man- classification Board’’ (in this title referred to as members of the Board as the Chairperson of the agement and Budget, shall prepare the annual the ‘‘Board’’). Board. budget of the Board. (b) PURPOSES.—The purposes of the Board are (B) The term of service as Chairperson of the (j) SUPPORT.—The Information Security Over- as follows: Board shall be two years. sight Office may support the activities of the (1) To advise the President, the Assistant to (C) A member serving as Chairperson of the Board under this title. Such support shall be the President for National Security Affairs, the Board may be re-designated as Chairperson of provided on a reimbursable basis. Director of the Office of Management and the Board upon the expiration of the member’s (k) PUBLIC AVAILABILITY OF RECORDS AND RE- Budget, and such other executive branch offi- term as Chairperson of the Board, except that PORTS.—(1) The Board shall make available for cials as the Board considers appropriate on the no member shall serve as Chairperson of the public inspection records of its proceedings and systematic, thorough, coordinated, and com- Board for more than six years. reports prepared in the course of its activities prehensive identification, collection, review for (2) The Director of the Information Security under this title to the extent such records and declassification, and release to Congress, inter- Oversight Office shall serve as the Executive reports are not classified and would not be ex- ested agencies, and the public of declassified Secretary of the Board. empt from release under the provisions of sec- records and materials (including donated histor- (e) MEETINGS.—The Board shall meet as need- tion 552 of title 5, United States Code. ical materials) that are of archival value, in- ed to accomplish its mission, consistent with the (2) In making records and reports available cluding records and materials of extraordinary availability of funds. A majority of the members under paragraph (1), the Board shall coordinate public interest. of the Board shall constitute a quorum. the release of such records and reports with ap- (2) To promote the fullest possible public ac- (f) STAFF.—Any employee of the Federal Gov- propriate officials from agencies with expertise cess to a thorough, accurate, and reliable docu- ernment may be detailed to the Board, with the in classified information in order to ensure that mentary record of significant United States na- agreement of and without reimbursement to the such records and reports do not inadvertently tional security decisions and significant United detailing agency, and such detail shall be with- contain classified information. States national security activities in order to— out interruption or loss of civil, military, or for- (l) APPLICABILITY OF CERTAIN ADMINISTRA- (A) support the oversight and legislative func- eign service status or privilege. TIVE LAWS.—The provisions of the Federal Advi- tions of Congress; (g) SECURITY.—(1) The members and staff of sory Committee Act (5 U.S.C. App.) shall not (B) support the policymaking role of the exec- the Board shall, as a condition of appointment apply to the activities of the Board under this utive branch; to or employment with the Board, hold appro- title. However, the records of the Board shall be (C) respond to the interest of the public in na- priate security clearances for access to the clas- governed by the provisions of the Federal tional security matters; and sified records and materials to be reviewed by Records Act of 1950. (D) promote reliable historical analysis and the Board or its staff, and shall follow the guid- SEC. 804. IDENTIFICATION, COLLECTION, AND RE- new avenues of historical study in national se- ance and practices on security under applicable VIEW FOR DECLASSIFICATION OF IN- curity matters. Executive Orders and agency directives. FORMATION OF ARCHIVAL VALUE OR (3) To provide recommendations to the Presi- (2) The head of an agency shall, as a condi- EXTRAORDINARY PUBLIC INTEREST. dent for the identification, collection, and re- tion of granting access to a member of the (a) BRIEFINGS ON AGENCY DECLASSIFICATION view for declassification of information of ex- Board, the Executive Secretary of the Board, or PROGRAMS.—(1) As requested by the Board, or traordinary public interest that does not under- a member of the staff of the Board to classified by the Select Committee on Intelligence of the mine the national security of the United States, records or materials of the agency under this Senate or the Permanent Select Committee on to be undertaken in accordance with a declas- title, require the member, the Executive Sec- Intelligence of the House of Representatives, the sification program that has been established or retary, or the member of the staff, as the case head of any agency with the authority under an may be established by the President by Execu- may be, to— Executive Order to classify information shall tive Order. (A) execute an agreement regarding the secu- provide to the Board, the Select Committee on (4) To advise the President, the Assistant to rity of such records or materials that is ap- Intelligence of the Senate, or the Permanent Se- the President for National Security Affairs, the proved by the head of the agency; and lect Committee on Intelligence of the House of Director of the Office of Management and (B) hold an appropriate security clearance Representatives, on an annual basis, a summary Budget, and such other executive branch offi- granted or recognized under the standard proce- briefing and report on such agency’s progress cials as the Board considers appropriate on poli- dures and eligibility criteria of the agency, in- and plans in the declassification of national se- cies deriving from the issuance by the President cluding any special access approval required for curity information. Such briefing shall cover the of Executive Orders regarding the classification access to such records or materials. declassification goals set by statute, regulation, and declassification of national security infor- (3) The members of the Board, the Executive or policy, the agency’s progress with respect to mation. Secretary of the Board, and the members of the such goals, and the agency’s planned goals and (c) MEMBERSHIP.—(1) The Board shall be com- staff of the Board may not use any information priorities for its declassification activities over posed of nine individuals appointed from among acquired in the course of their official activities the next two fiscal years. Agency briefings and citizens of the United States who are preeminent on the Board for nonofficial purposes. reports shall give particular attention to in the fields of history, national security, for- (4) For purposes of any law or regulation gov- progress on the declassification of records and eign policy, intelligence policy, social science, erning access to classified information that per- materials that are of archival value or extraor- law, or archives, including individuals who tains to the national security of the United dinary public interest to the people of the have served in Congress or otherwise in the Fed- States, and subject to any limitations on access United States. eral Government or have otherwise engaged in arising under section 806(b), and to facilitate (2)(A) The annual briefing and report under research, scholarship, or publication in such the advisory functions of the Board under this paragraph (1) for agencies within the Depart- fields on matters relating to the national secu- title, a member of the Board seeking access to a ment of Defense, including the military depart- rity of the United States, of whom— record or material under this title shall be ments, and the elements of the intelligence com- (A) five shall be appointed by the President; deemed for purposes of this subsection to have a munity shall be provided on a consolidated (B) one shall be appointed by the Majority need to know the contents of the record or mate- basis. Leader of the Senate; rial. (B) In this paragraph, the term ‘‘elements of (C) one shall be appointed by the Minority (h) COMPENSATION.—(1) Each member of the the intelligence community’’ means the elements Leader of the Senate; Board shall receive compensation at a rate not of the intelligence community specified or des- (D) one shall be appointed by the Speaker of to exceed the daily equivalent of the annual ignated under section 3(4) of the National Secu- the House of Representatives; and rate of basic pay payable for positions at ES–1 rity Act of 1947 (50 U.S.C. 401a(4)).

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(b) RECOMMENDATIONS ON AGENCY DECLAS- ‘‘Freedom of Information Act’’), or section 552a mitted by the agency denying the access as fol- SIFICATION PROGRAMS.—(1) Upon reviewing and of title 5, United States Code (commonly referred lows: discussing declassification plans and progress to as the ‘‘Privacy Act’’). (A) In the case of the denial of access to a with an agency, the Board shall provide to the (e) WITHHOLDING INFORMATION FROM CON- special access program created by the Secretary head of the agency the written recommendations GRESS.—Nothing in this title shall be construed of Defense, to the Committees on Armed Services of the Board as to how the agency’s declas- to authorize the withholding of information and Appropriations of the Senate and to the sification program could be improved. A copy of from Congress. Committees on Armed Services and Appropria- each recommendation shall also be submitted to SEC. 806. STANDARDS AND PROCEDURES. tions of the House of Representatives. the Assistant to the President for National Secu- (a) LIAISON.—(1) The head of each agency (B) In the case of the denial of access to a rity Affairs and the Director of the Office of with the authority under an Executive Order to special access program created by the Director Management and Budget. classify information and the head of each Fed- of Central Intelligence, or by the head of any (2) Consistent with the provisions of section eral Presidential library shall designate an em- other agency (including the Department of De- 803(k), the Board’s recommendations to the head ployee of such agency or library, as the case fense) if the special access program pertains to of an agency under paragraph (1) shall become may be, to act as liaison to the Board for pur- intelligence activities, or of access to any infor- public 60 days after such recommendations are poses of this title. mation and materials relating to intelligence sent to the head of the agency under that para- (2) The Board may establish liaison and oth- sources and methods, to the Select Committee on graph. erwise consult with such other historical and Intelligence of the Senate and the Permanent (c) RECOMMENDATIONS ON SPECIAL SEARCHES advisory committees as the Board considers ap- Select Committee on Intelligence of the House of FOR RECORDS OF EXTRAORDINARY PUBLIC IN- propriate for purposes of this title. Representatives. TEREST.—(1) The Board shall also make rec- (b) LIMITATIONS ON ACCESS.—(1)(A) Except as (C) In the case of the denial of access to a spe- ommendations to the President regarding pro- provided in paragraph (2), if the head of an cial access program created by the Secretary of posed initiatives to identify, collect, and review agency or the head of a Federal Presidential li- Energy or the Administrator for Nuclear Secu- for declassification classified records and mate- brary determines it necessary to deny or restrict rity, to the Committees on Armed Services and rials of extraordinary public interest. access of the Board, or of the agency or library Appropriations and the Select Committee on In- (2) In making recommendations under para- liaison to the Board, to information contained telligence of the Senate and to the Committees graph (1), the Board shall consider the fol- in a record or material, in whole or in part, the on Armed Services and Appropriations and the lowing: head of the agency or the head of the library, as Permanent Select Committee on Intelligence of (A) The opinions and requests of Members of the case may be, shall promptly notify the the House of Representatives. Congress, including opinions and requests ex- Board in writing of such determination. SEC. 807. JUDICIAL REVIEW. pressed or embodied in letters or legislative pro- (B) Each notice to the Board under subpara- Nothing in this title limits the protection af- posals. graph (A) shall include a description of the na- forded to any information under any other pro- (B) The opinions and requests of the National ture of the records or materials, and a justifica- vision of law. This title is not intended and may Security Council, the Director of Central Intel- tion for the determination, covered by such no- not be construed to create any right or benefit, ligence, and the heads of other agencies. tice. substantive or procedural, enforceable at law (C) The opinions of United States citizens. (2) In the case of a determination referred to against the United States, its agencies, its offi- (D) The opinions of members of the Board. cers, or its employees. This title does not modify (E) The impact of special searches on system- in paragraph (1) with respect to a special access in any way the substantive criteria or proce- atic and all other on-going declassification pro- program created by the Secretary of Defense, dures for the classification of information, nor grams. the Director of Central Intelligence, or the head does this title create any right or benefit subject (F) The costs (including budgetary costs) and of any other agency, the notification of denial to judicial review. the impact that complying with the rec- of access under paragraph (1), including a de- ommendations would have on agency budgets, scription of the nature of the Board’s request for SEC. 808. FUNDING. programs, and operations. access, shall be submitted to the Assistant to the (a) AUTHORIZATION OF APPROPRIATIONS.— (G) The benefits of the recommendations. President for National Security Affairs rather There is hereby authorized to be appropriated to (H) The impact of compliance with the rec- than to the Board. carry out the provisions of this title amounts as ommendations on the national security of the (c) DISCRETION TO DISCLOSE.—At the conclu- follows: United States. sion of a declassification review, the head of an (1) For fiscal year 2001, $650,000. (d) PRESIDENT’S DECLASSIFICATION PRIOR- agency may, in the discretion of the head of the (2) For each fiscal year after fiscal year 2001, ITIES.—(1) Concurrent with the submission to agency, determine that the public’s interest in such sums as may be necessary for such fiscal Congress of the budget of the President each fis- the disclosure of records or materials of the year. cal year under section 1105 of title 31, United agency covered by such review, and still prop- (b) FUNDING REQUESTS.—The President shall States Code, the Director of the Office of Man- erly classified, outweighs the Government’s need include in the budget submitted to Congress for agement and Budget shall publish a description to protect such records or materials, and may re- each fiscal year under section 1105 of title 31, of the President’s declassification program and lease such records or materials in accordance United States Code, a request for amounts for priorities, together with a listing of the funds re- with the provisions of Executive Order 12958 or the activities of the Board under this title dur- quested to implement that program. any successor order to such Executive Order. ing such fiscal year. (2) Nothing in this title shall be construed to (d) DISCRETION TO PROTECT.—At the conclu- SEC. 809. DEFINITIONS. substitute or supersede, or establish a funding sion of a declassification review, the head of an In this title: process for, any declassification program that agency may, in the discretion of the head of the (1) AGENCY.—(A) Except as provided in sub- has been established or may be established by agency, determine that the interest of the agen- paragraph (B), the term ‘‘agency’’ means the the President by Executive Order. cy in the protection of records or materials of following: SEC. 805. PROTECTION OF NATIONAL SECURITY the agency covered by such review, and still (i) An executive agency, as that term is de- INFORMATION AND OTHER INFOR- properly classified, outweigh’s the public’s need fined in section 105 of title 5, United States MATION. for access to such records or materials, and may Code. (a) IN GENERAL.—Nothing in this title shall be deny release of such records or materials in ac- (ii) A military department, as that term is de- construed to limit the authority of the head of cordance with the provisions of Executive Order fined in section 102 of such title. an agency to classify information or to continue 12958 or any successor order to such Executive (iii) Any other entity in the executive branch the classification of information previously clas- Order. that comes into the possession of classified in- sified by an agency. (e) REPORTS.—(1)(A) Except as provided in formation. (b) SPECIAL ACCESS PROGRAMS.—Nothing in paragraph (2), the Board shall annually submit (B) The term does not include the Board. this title shall be construed to limit the author- to the appropriate congressional committees a (2) CLASSIFIED MATERIAL OR RECORD.—The ity of the head of an agency to grant or deny report on the activities of the Board under this terms ‘‘classified material’’ and ‘‘classified access to a special access program. title, including summary information regarding record’’ include any correspondence, memo- (c) AUTHORITIES OF DIRECTOR OF CENTRAL IN- any denials by the head of an agency or the randum, book, plan, map, drawing, diagram, TELLIGENCE.—Nothing in this title shall be con- head of a Federal Presidential library of access pictorial or graphic work, photograph, film, strued to limit the authorities of the Director of of the Board to records or materials under this microfilm, sound recording, videotape, machine Central Intelligence as the head of the intel- title. readable records, and other documentary mate- ligence community, including the Director’s re- (B) In this paragraph, the term ‘‘appropriate rial, regardless of physical form or characteris- sponsibility to protect intelligence sources and congressional committees’’ means the Select tics, that has been determined pursuant to Exec- methods from unauthorized disclosure as re- Committee on Intelligence and the Committee on utive Order to require protection against unau- quired by section 103(c)(6) of the National Secu- Governmental Affairs of the Senate and the Per- thorized disclosure in the interests of the na- rity Act of 1947 (50 U.S.C. 403–3(c)(6)). manent Select Committee on Intelligence and the tional security of the United States. (d) EXEMPTIONS TO RELEASE OF INFORMA- Committee on Government Reform and Over- (3) DECLASSIFICATION.—The term ‘‘declas- TION.—Nothing in this title shall be construed to sight of the House of Representatives. sification’’ means the process by which records limit any exemption or exception to the release (2) Notwithstanding paragraph (1), notice or materials that have been classified are deter- to the public under this title of information that that the Board has been denied access to records mined no longer to require protection from un- is protected under section 552(b) of title 5, and materials, and a justification for the deter- authorized disclosure to protect the national se- United States Code (commonly referred to as the mination in support of the denial, shall be sub- curity of the United States.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9592 CONGRESSIONAL RECORD — SENATE October 2, 2000 (4) DONATED HISTORICAL MATERIAL.—The term sanship and I am proud to say that isting resources are being used effec- ‘‘donated historical material’’ means collections under Senator SHELBY’s leadership we tively. of personal papers donated or given to a Federal have upheld that tradition. We have Second, the various intelligence Presidential library or other archival repository confronted difficult policy issues and agencies must begin to function ore under a deed of gift or otherwise. corporately—as a community, rather (5) FEDERAL PRESIDENTIAL LIBRARY.—The budget choices, and the chairman has term ‘‘Federal Presidential library’’ means a li- gone out of his way to ensure that the than as separate entities, all with dif- brary operated and maintained by the United committee addressed these in a fair ferent and often conflicting priorities. States Government through the National Ar- and nonpartisan way. I appreciate the This has been a topic of debate for chives and Records Administration under the courtesies he has shown me as vice some time. And yet, the passage of applicable provisions of chapter 21 of title 44, chairman. I think we have produced a time does not seem to have brought us United States Code. good bill that focuses on several crit- much closer to this objective. (6) NATIONAL SECURITY.—The term ‘‘national Third, the intelligence community security’’ means the national defense or foreign ical areas of intelligence policy. relations of the United States. This important legislation authorizes must do a better job of setting prior- (7) RECORDS OR MATERIALS OF EXTRAOR- the activities of the U.S. intelligence ities. That means making hard deci- DINARY PUBLIC INTEREST.—The term ‘‘records or community and seeks to ensure that sions about what it will not do. Re- materials of extraordinary public interest’’ this critical function will continue to sources are stretched thin, often be- means records or materials that— serve our national security interests cause community leadership has been (A) demonstrate and record the national secu- into the 21st century. The community unable to say no. The result is that rity policies, actions, and decisions of the faces momentous challenges from both agencies like the National Security United States, including— (i) policies, events, actions, and decisions the proliferation of threats facing Agency are starved for recapitalization which led to significant national security out- America and from the rapid pace of funds necessary to keep pace with tech- comes; and technological change occurring nological changes. (ii) the development and evolution of signifi- throughout society. How we respond to Fourth, the community must stream- cant United States national security policies, these challenges today will affect our line its bureaucracy, eliminating un- actions, and decisions; ability to protect American interests necessary layers of management, par- (B) will provide a significantly different per- ticularly those that separate the col- spective in general from records and materials in the years ahead. publicly available in other historical sources; Some have argued that the end of the lector of intelligence from the analyzer and cold war should have significantly re- of that intelligence. (C) would need to be addressed through ad duced our need for a robust intelligence Finally, the community must revamp hoc record searches outside any systematic de- collection capability. In fact, the oppo- its information technology backbone classification program established under Execu- site is true. The bipolar world of the so that agencies can easily and effec- tive Order. Soviet-United States confrontation tively communicate with one another. (8) RECORDS OF ARCHIVAL VALUE.—The term provided a certain stability with a These steps will not be easy but are ‘‘records of archival value’’ means records that clear threat and a single principal ad- essential if the intelligence community have been determined by the Archivist of the is to stay relevant in today’s world. United States to have sufficient historical or versary on which to focus. We now face other value to warrant their continued preserva- a world with growing transnational Good intelligence is more important tion by the Federal Government. threats of weapons proliferation, ter- than ever. As we deal with calls for SEC. 810. SUNSET. rorism, and international crime and military intervention in far flung The provisions of this title shall expire four narcotics trafficking, and multiple re- locales, intelligence becomes a force years after the date of the enactment of this gional conflicts which create insta- multiplier. We rely on the intelligence Act, unless reauthorized by statute. bility and threaten U.S. interests. community to keep us informed of de- The PRESIDING OFFICER (Mr. FITZ- While we, of course, must continue to veloping crises, to describe the situa- GERALD) appointed Mr. SHELBY, Mr. closely monitor Russia, which still pos- tion prior to any U.S. intervention, to LUGAR, Mr. KYL, Mr. INHOFE, Mr. sesses the singular capability to de- help with force protection when U.S. HATCH, Mr. ROBERTS, Mr. ALLARD, Mr. stroy our country, these emerging personnel are on the ground, and to MACK, Mr. WARNER, Mr. BRYAN, Mr. threats demand increasing attention analyze foreign leadership intentions. GRAHAM, Mr. KERRY, Mr. BAUCUS, Mr. and resources. Solid intelligence allows U.S. policy- ROBB, Mr. LAUTENBERG, and Mr. LEVIN A decade after the collapse of Soviet makers and military commanders to conferees on the part of the Senate. communism, the intelligence commu- make and implement informed deci- Mr. LOTT. Mr. President, I yield to nity continues its difficult transition, sions. Senator BRYAN. from an organization which confronted Maintaining our intelligence capa- Mr. BRYAN. Mr. President, I thank one threat to one which now must bility is difficult and sometimes expen- the leader. I specifically thank the focus on a variety of threats, each sive but absolutely essential to na- chairman, Senator SHELBY. We have unique in its potential to harm the tional security. The committee has worked to put this authorization bill United States. At the same time, the identified a few areas that we think are together. It could not have happened community has been buffeted by the priorities that need additional atten- but for his cooperation and the co- information revolution, which provides tion. One area of particular concern is operation of a number of others of our tremendous opportunity for intel- the need to recapitalize the National colleagues on the Intelligence Com- ligence collection, but threatens to Security Agency to assure our ability mittee. I thank them for their coopera- overwhelm our ability to process and to collect signals intelligence. Col- tion, the chairman in particular. I disseminate information. These twin lecting and deciphering the commu- thank the majority leader and Senator challenges—new and qualitatively dif- nications of America’s adversaries pro- DASCHLE as well. Again, I acknowledge ferent threats, coupled with an infor- vides senior policymakers with a the leadership of my chairman. He has mation and technological explosion— unique source of sensitive information. been most helpful in working through threaten the community’s ability to In 1998, and again this year, the com- this bill. I thank him, the majority serve as an early warning system for mittee asked a group of highly quali- leader, and our colleagues. our country and a force multiplier for fied technical experts to review NSA My remarks will echo many of the our armed services. operations. The Technical Advisory points made by the distinguished chair- Unfortunately, the intelligence com- Group’s conclusions were unsettling. man of the Intelligence Committee, munity has often been too slow to con- They identified significant short- Senator SHELBY. Those who are not fa- front these challenge and to adapt to comings which have resulted from the miliar with the workings of the Intel- these new realities. To make this tran- sustained budget decline of the past ligence Committee may find it odd sition will require the following: decade. With limited available re- that members from different parties First, the intelligence community sources the NSA has maintained its have such agreement on the substance must get its budget in order. Although day-to-day readiness but has not in- of this legislation. Most of my col- I believe the community probably vested in needed modernization. Con- leagues, however, know that the com- needs additional resources, the Con- sequently, NSA’s technological infra- mittee has a long tradition of biparti- gress first must be convinced that ex- structure and human resources are

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9593 struggling to meet emerging chal- platforms when the rest of the system that we will need to cope with cutting lenges. cannot handle the amount of intel- edge technology and with the emer- The NSA historically has led the way ligence produced. gence of threats from nontraditional in development and use of cutting edge Beyond the questions of resource al- sources. I have been encouraged by the technology. This innovative spirit has location, this legislation also address early progress made on the CI–21 effort. helped keep the United States a step several policy issues, including the We have chosen not to include legisla- ahead of those whose interests are hos- problem of serious security breakdowns tive provisions in the bill with the hope tile to our own. Unfortunately, rather at the State Department. Over the that the agencies involved will reach than leading the way, the NSA now course of the last 21⁄2 years the Depart- agreement and finalize the CI–21 plan. struggles to keep pace with commu- ment has been beset by seemingly inex- The report accompanying the bill nications and computing advances. plicable security compromises, the lat- strongly encourages them to do so and There is, however, some reason for est being the disappearance of a laptop I reiterate that encouragement. optimism. The current Director of computer in January of this year. This One provision in the bill that has cre- NSA, General Hayden, has developed a incident, still unexplained, follows ated a bit of controversy is the section strategy for recovery. He has under- closely on the heels of the discovery of that closes a gap in existing law re- taken an aggressive and ambitious a Russian listening device planted in a lated to the unauthorized disclosure of modernization effort, including dra- seventh floor conference room. Subse- classified material. This provision will matic organizational changes and inno- quently we learned that there was no make it a felony for a U.S. government vative business practices. These escort requirement for foreign visitors, official to knowingly pass classified changes and the rebuilding of NSA’s in- including Russians, to the State De- material to someone who is not author- frastructure will, however, require sig- partment. Finally, I must mention the ized to receive it. I say that this provi- nificant additional resources. The com- 1998 tweed jacket incident. In this case sion closes a gap because many cat- mittee decided that this situation de- an unidentified man wearing a tweed egories of classified information are mands immediate attention, but the jacket entered the Secretary of State’s covered by existing statutes. This in- intelligence budget faces the same con- office suite unchallenged by State De- cludes nuclear weapons data and de- strained fiscal situation as other areas partment employees and removed clas- fense information. Unfortunately much of the Federal budget. We have, there- sified documents. No one knows who he sensitive intelligence information does fore, realigned priorities within exist- was. not fall into one of the existing defini- ing resources in order to reverse this The only conclusion that I can draw tions. Disclosure of this information downward trend. This was not an easy is that the State Department culture could compromise sensitive sources process and we were forced to make does not place a priority on security. and in some cases endanger peoples some painful tradeoffs, but ensuring Despite Secretary Albright’s efforts to lives. The provision in the bill has been the future of the NSA is the commit- correct procedural deficiencies and to carefully crafted to avoid first amend- tee’s top priority. We cannot stand by emphasize the need for better security, ment concerns and the chairman and I and allow the United States to lose we have not seen much progress. The will offer a technical amendment in- this capability. We have taken prudent authorization bill contains a provision corporating suggestions made by the steps in this legislation to make sure requiring all elements of the State De- Attorney General. It is my under- NSA will continue to be the premier partment to be certified as in compli- standing that she supports the provi- signals intelligence organization in the ance with regulations for the handling sion as amended. world. of Sensitive Compartmented Informa- Another provision which merits fur- The bill also attempts to address an tion. This is the most highly classified ther explanation is the section dealing imbalance that has concerned the com- information and is controlled by the with treaty implementing legislation. mittee for some time. We have argued Director of Central Intelligence. If a This language provides that future that our ability to collect intelligence component of the State Department is criminal laws enacted to implement far exceeds our ability to analyze and not in compliance with the applicable treaties will not apply to intelligence disseminate finished intelligence to the regulations, then that office will no activities unless those activities are end user. We spend a tremendous longer be allowed to retain or store specifically named in the legislation. amount of the budget developing and this sensitive information. It is unfor- On its face this could be interpreted as fielding satellites, unmanned aerial ve- tunate that this provision is necessary, exempting our intelligence community hicles and all manner of other senors but we must make it clear to individ- from the law regardless of the nature and collection platforms. These pro- uals who handle classified material of the activity. In fact, this only ap- grams are important but too often new that we are serious about enforcing se- plies to activities which are otherwise sensors are put into place without suf- curity rules. lawful and authorized. Intelligence ac- ficient thought to how we will process A broader but related area of concern tivities are subject to an extensive set and distribute the additional data. No is the ability of the U.S. Intelligence of statutes, regulations and presi- matter how good a satellite is at col- community to meet the counterintel- dential directives. These rules try to lecting raw intelligence, it is useless if ligence threats of the 21st Century balance our need for intelligence to that intelligence never makes it into with current structures and programs. protect our national security with the the hands of a competent analyst and We can no longer worry only about the American sense of values and ethical then on to an end user. intelligence services of adversaries behavior. This imbalance has been particularly such as the old Soviet Union, North Intelligence gathering—spying—is an acute at the National Imagery and Korea, or Cuba. We must deal with ever inherently deceitful activity. To pro- Mapping Agency. At the request of more sophisticated terrorist organiza- tect our military forces, thwart ter- Congress, NIMA has identified pro- tions and international crime syn- rorist acts, or dismantle drug traf- jected processing shortfalls associated dicates capable of launching their own ficking organizations, we gather infor- with its future sensor acquisition intelligence and counterintelligence ef- mation through surreptitious means. plans. NIMA also outlined a three forts. We also face challenges from We either convince people to betray phase modernization to address these friendly states seeking access to eco- their country or cause, or we use intru- shortfalls. Unfortunately, the future nomic data and advanced U.S. tech- sive technical means to find out what year funding profile creates a situation nology. people are doing or saying. This may that will force the intelligence commu- All of these changes argue for a make some people uncomfortable, but nity to either cut deeply into other major retooling of a U.S. counterintel- it is absolutely essential to protecting programs or abandon the moderniza- ligence apparatus designed for the cold American interests. Treaties that pro- tion. The committee has rejected that war. The Director of Central Intel- scribe certain kinds of behavior should approach and has realigned priorities ligence, the Director of the FBI, and not inadvertently restrict these intel- in order to avoid this budgetary the Deputy Secretary of Defense have ligence activities. If the Congress in- squeeze in the out years. It makes no undertaken an effort, referred to as CI– tends to apply treaty implementing sense to purchase expensive collection 21, to design the structures and policies legislation to intelligence activities,

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SSCI mem- Joan is not here today because she is the determination of which treaty re- bers are no more likely to be co-opted off on maternity leave. I extend my strictions we want to apply to intel- by the intelligence community than congratulations to her and her husband ligence activities. the members of other authorizing com- on the birth of their first child, Jac- I have served on the Intelligence mittees are likely to be co-opted by the queline Anna. I also thank Melvin Committee for almost 8 years now and Departments and agencies they over- Dubee, my deputy minority staff direc- I have had the privilege of serving as see. The second reason term limits tor. Melvin brings a wealth of experi- vice chairman since January. During were enacted stemmed from the under- ence to the job, and it has been re- that time I have made a few observa- standable view that the SSCI would flected in the sound advice I have come tions that I would like to share. Since benefit from a flow of fresh ideas that to depend on him to provide. Vicki I am leaving the committee and the new members would bring. But because Divoll, who joined the committee staff Senate at the end of this year, I have of naturally occurring turnover, new as counsel in January, also has been in- no vested interest other than my con- members have regularly joined the valuable to me during the preparation tinuing belief in the importance of the committee, irrespective of term limits. of this legislation and in dealing with committee’s work conducting over- Since the SSCI was created 24 years other legal issues. sight of the intelligence community. ago, approximately sixty Senators Finally, I would have been lost as My experience leads me to the con- have served on the committee. Mem- vice chairman without the guidance clusion that excessive turnover is seri- bers have served an average of just and advice of Al Cumming, the minor- ously hampering the effectiveness of over 5 years—and approximately 60 per- ity staff director. Al kept me well in- the Intelligence Committee—a com- cent of committee members have formed and helped me focus on issues mittee the Senate relies upon and served on the committee less than 8 that will have a lasting impact on the points to in reassuring the American years. This historical record confirms people that the intelligence commu- functioning of the intelligence commu- that vacancies will continue to occur nity. The staff has done superb work on nity is being appropriately monitored regularly on the SSCI, thus allowing by their elected representatives. Be- this legislation. the new faces and fresh ideas. At the Mr. LOTT. Mr. President, I thank cause of the 8-year limitation, member same time, however, members who Senator BRYAN for his comments. Obvi- turn-over can be, and often is dra- have a long-term interest in the area of ously, as I said, this is very important matic. For example, when the 107th intelligence should continue to serve legislation. The Intelligence Com- Congress convenes next January, 5 of and develop expertise. mittee does good work, important the 7 currently serving Democrats will My second observation relates to the have departed the committee. At the work for our committee. It has been committee’s authority but also to a partially delayed by misunderstandings end of the 107th Congress, 5 of the 8 larger issue that is the question of de- currently serving Republicans will which we have worked out. I think ev- classifying the top line number for the erybody is satisfied with this. I thank leave the committee. intelligence budget. It is difficult to Over time, this brain drain dimin- the chairman for his persistence. I conduct a thorough and rationale de- ishes the committee’s ability to dis- yield to the chairman of the com- bate concerning intelligence policy charge its responsibilities. For exam- mittee. without mentioning how much money ple, in 1994 the committee dealt with Mr. SHELBY. Mr. President, I want the Aldrich Ames espionage case, argu- we spend on our intelligence system. to take a minute or two and talk about ably the most devastating counter- Declassifying the top line budget would my colleague from Nevada, Senator intelligence failure of the cold war. allow for a healthy debate within the BRYAN. He is going to be leaving the The committee produced a report ex- Congress about the priority we place Senate soon. As the vice chairman of tremely critical of the CIA in this case on intelligence. I would provide greater the committee—a long-term and long- and of the way the CIA and FBI dealt visibility and openness to average time member of the Senate Intel- with counterintelligence in general. Americans, whose tax dollars fund ligence Committee—he has been a de- The Ames debacle led to a major re- these programs. Disclosure of the over- light to work with most of the time. structuring of our national counter- all budget would provide these benefits Seriously. He puts a lot of effort into intelligence system with significant without damaging U.S. national secu- what we do on the Senate Intelligence legislative input. Yet today, there is rity. DCI Tenet declassified the budget Committee. only one member on the majority side numbers for top past budgets with no I would be remiss if I did not bring who served on the committee during adverse effects, but has declined to that up as we pass this bill tonight. We that period, and at the end of this year continue this practice. I hope that the have a conference to go to. We will be there will be no members on the Demo- Congress and the next administration spending a lot of time together in the cratic side. This lack of corporate will revisit this issue and left this un- waning days of this Congress. DICK memory greatly reduces the commit- necessary veil of secrecy. BRYAN served this country well, first as tee’s effectiveness. Finally, Mr. President, I want to a State legislator, as the attorney gen- This committee deals with sensitive thank the staff of the Intelligence eral of his State, as the Governor of his and complex issues, and much of the Committee for the work they do and State, and in two terms in the U.S. committee’s business involves the for the support they have given me as Senate. I have worked with him on a technical agencies such as the National vice chairman. The committee is lot of issues, and I can say this: He is Security Agency and the National Re- staffed by professionals dedicated to a hard worker, he is smart, he is going connaissance Office. To understand ensuring that the intelligence commu- to be prepared, he is going to be tough, these issues a Senator must invest sig- nity enhances U.S. national security and he is going to put the Nation first. nificant time to committee briefings and does so in strict compliance with Mr. BRYAN. Mr. President, if I may and hearings. There is no outside the intent of Congress. The staff is respond to the excessively generous source to go to stay abreast of develop- unique in the Senate in that the vast comments of my chairman, my col- ments in the intelligence community. majority are nonpartisan and go about league, and my friend, the reality is Just about the time members are be- their business without regard to any that working with him has been a ginning to understand these issues political agenda. The four members of pleasure. Without his cooperation and, they are forced to rotate off the com- the staff with partisan affiliations, the obviously, trying to work in a bipar- mittee. This makes no sense. staff directors and their deputies, ap- tisan way to process this piece of legis- The rationale behind the term limits proach their work with same spirit of lation and other things we have done was two fold. First, it was feared that bipartisanship that always has been a since the two of us have been privileged

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9595 to serve as chairman and vice chair- modify his unanimous consent request Mr. LOTT. I say for the RECORD—and man, we would not be here today with to discharge the Judiciary Committee you know that it is true because I be- this bill. on further consideration of the nomi- lieve you were with me when he spoke I acknowledge his leadership. The nation of Bonnie Campbell, the nomi- to me—Senator GRASSLEY has indi- good citizens of Alabama have a fine nee for the Eighth Circuit Court, and cated more than once his support for Member here and a person with whom that her nomination be considered by the nominee. So he has made it clear I have been privileged to work for the the Senate under the same terms and he does support her. I do not know all last 12 years I have been in the Senate, at the same time as the nominees in- of the problems or if there are any. But and most especially this last year when cluded in the majority leader’s re- perhaps further consideration could we have served in our respective roles quest? occur. I am sure you won’t relent. on the Intelligence Committee. I thank I ask the majority leader if he would Mr. HARKIN. I plan to be here every him publicly. modify his request. day. I thank the leader. Mr. LOTT. Mr. President, I suggest Mr. LOTT. Mr. President, I under- The PRESIDING OFFICER. Is there the absence of a quorum. stand the Senator’s interest in that ad- objection to the majority leader’s The PRESIDING OFFICER. The ditional nomination. I do not think I original request? clerk will call the roll. have ever moved to discharge the Judi- Without objection, it is so ordered. Mr. LOTT. Mr. President, I suggest The legislative clerk proceeded to ciary Committee on a single nomina- the absence of a quorum. call the roll. tion or a judge. There are other judges The PRESIDING OFFICER. The Mr. LOTT. Mr. President, I ask unan- presumably that will also need to be clerk will call the roll. imous consent that the order for the considered. I do appreciate the agree- The legislative clerk proceeded to quorum call be rescinded. ment that has been reached here. I call the roll. The PRESIDING OFFICER. Without know that it has been difficult for the Mr. KYL. Mr. President, I ask unani- objection, it is so ordered. Senator from Iowa to even agree to mous consent that the order for the f this. But in view of the fact that the quorum call be rescinded. committee has not acted, I could not The PRESIDING OFFICER. Without UNANIMOUS CONSENT AGREE- agree to that at this time, so I would objection, it is so ordered. MENT—EXECUTIVE CALENDAR have to object. f Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. Is there imous consent that following the vote objection? MORNING BUSINESS relative to the H–1B bill and the visa Mr. HARKIN. Mr. President, further Mr. KYL. Mr. President, I ask unani- waiver bill on Tuesday, the Senate im- reserving the right to object for just mous consent, on behalf of the leader, mediately proceed to executive session one more, again, I just want to say to that the Senate now be in a period of to consider the following nominations the majority leader that on some of morning business with Senators speak- on the Executive Calendar, en bloc: No. these nominees—I think maybe three ing for up to 10 minutes each. 652, Michael Reagan; No. 654, Susan of them were nominated, got their The PRESIDING OFFICER. Without Bolton; and No. 655, Mary Murguia. hearings and were reported out of com- objection, it is so ordered. I further ask unanimous consent that mittee all within one week in July. Yet f following the en bloc consideration, the Bonnie Campbell from Iowa was nomi- TRIBUTE TO REAR ADMIRAL following Senators be recognized to nated early this year. She has had her LOUIS M. SMITH, CIVIL ENGI- speak for the allotted timeframes. hearing, and has been sitting there now NEER CORPS, U.S. NAVY They are: Senator HATCH for 20 min- for four months without being reported Mr. LOTT. Mr. President, it is with utes; Senator KYL for 20 minutes; Sen- out. I just find this rather odd. I great pleasure that I rise to take this ator LOTT or designee for 20 minutes; haven’t heard of any objections to opportunity to recognize the exem- Senator LEVIN for 20 minutes; Senator bringing her nomination out on the plary service and career of an out- ROBB for 10 minutes; Senator HARKIN floor. standing naval officer, Rear Admiral for 30 minutes; Senator LEAHY for 20 I just ask the majority leader wheth- Louis M. Smith, upon his retirement minutes; and Senator DURBIN for 10 er or not we can expect to have at least from the Navy at the conclusion of minutes. some disposition of Bonnie Campbell more than 33 years of honorable and I further ask unanimous consent that before we get out of here. distinguished service. Throughout his following the use or yielding back of Mr. LOTT. I respond, Mr. President, exemplary career, he has truly epito- time, the nominations be temporarily that I do not get into the background mized the Navy core values of honor, set aside. of all the nominees when they are be- courage, and commitment and dem- I also ask unanimous consent that fore the committee. I do not know all onstrated an exceptional ability to ad- following that debate, the Senate then of the background on these nominees. vance the Navy’s facilities require- proceed to the nomination of Calendar As majority leader, when nominations ments within the Department of De- No. 656, James Teilborg, and there be reach the calendar, I try to get them fense and the Congress. It is my privi- up to 1 hour each for Senators HATCH, cleared. I do think the fact that we had lege to commend him for a superb ca- KYL, and LEAHY, and up to 3 hours for not been able to clear these four, even reer of service to the Navy, our great Senator HARKIN or his designee, and though they were already on the cal- Nation, and my home State of Mis- following the use or yielding back of endar, has maybe had a negative im- sissippi. the time, the Senate proceed to vote in pact on other nominations being re- Since September 1998, Rear Admiral relation to that nominee, without any ported on the assumption that, well, if Smith has served as the Commander, intervening action or debate, to be fol- we could not move these, which were, I Naval Facilities Engineering Com- lowed immediately by a vote en bloc in think, unanimously cleared quickly mand, and Chief of Civil Engineers. As relation to the three previously de- without any reservations, that that the senior civil engineer in the Navy, bated nominations. I further ask con- had become an impediment. I do not he is responsible for the planning, de- sent that the vote count as three sepa- know that this will remove that im- sign, construction and maintenance of rate votes on each of the nominations. pediment, but it looks to me as if it is naval facilities around the globe. On Finally, I ask consent that following a positive step. Capital Hill, he is best known for his the confirmation votes, the President Mr. HARKIN. I just say to the leader, quick wit, entertaining and inform- be immediately notified of the Senate’s it seems odd we have a nominee that is ative testimony, and ability to commu- action and the Senate then return to supported by both of the Senators from nicate the Navy’s facilities require- legislative session. her home State, on both sides of the ments in addition to his role in devel- The PRESIDING OFFICER. Is there aisle, on the Republican and Demo- oping and executing the Navy’s Mili- objection? cratic side; and I think she is not get- tary Construction, Base Realignment Mr. HARKIN. Reserving the right to ting her due process here in this body. and Closure and Environmental pro- object, I ask the distinguished major- I just want to make that point. I appre- grams. He often testified before con- ity leader, in good faith, if he would ciate that. gressional committees and ensured

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9596 CONGRESSIONAL RECORD — SENATE October 2, 2000 that Members of Congress and their the disaster recovery from Hurricane that they have learned a lot about the staffs fully understood the Navy’s George; he was there to provide out- kind of things money can’t buy—like shore infrastructure requirements. In standing facilities support for U.S. love and laughter. this capacity, Rear Admiral Smith was Navy bases in Mississippi; and he was I am proud to honor the Merrymans second to none. there to assist my staff in providing for the love that they show their fam- Previously, he served as the Director, the highest levels of facilities support ily, and to the commitment they share Facilities and Engineering Division for for our Navy. On January 1, 2001, he in promoting adoption. In my own the Chief of Naval Operations where he will enter retirement and the Navy will state of West Virginia, we have had a had a hand in shaping the Navy’s readi- wish him fair winds and following seas. 51 percent increase in the number of ness ashore, as well as numerous qual- On behalf of the Congress, I congratu- adoptions since 1995 because of caring ity-of-life initiatives to improve the late Rear Admiral Louis Martin Smith families like the Merrymans. lives of Sailors and Marines. A true on the completion of an outstanding We as a Nation need to continue to shore facilities expert, his previous and successful career with very best offer our support to these special fami- public works assignments included As- wishes for even greater successes in the lies. As a member of Congress I will sistant Public Works Officer, Naval Air future. continue to introduce legislation that Station, Brunswick, Maine; Public f will build on the foundation of the 1997 Works Officer, Naval Air Station, Adoption and Safe Families Act to en- ANGELS IN ADOPTION AWARD Keflavik, Iceland; and Commanding Of- sure our children a safe and stable ficer, Public Works Center, San Diego, Mr. ROCKEFELLER. Mr. President, home. California. as a member of the Congressional Coa- f As an acquisition professional, he has lition on Adoption, I would like to had numerous contracting assign- commend Senators MARY LANDRIEU VICTIMS OF GUN VIOLENCE ments, including Officer-in-Charge of and LARRY CRAIG for their leadership Mr. BYRD. Mr. President, it has been Construction, Mid Pacific, Pearl Har- in creating the Angels in Adoption pro- more than a year since the Columbine bor, Hawaii and Head of Acquisition gram. I am happy to join in this initia- tragedy, but still this Congress refuses and Vice Commander of Western Divi- tive to honor the special families that to act on sensible gun legislation. sion, San Bruno, California. He em- open their hearts and homes when they Since Columbine, thousands of Amer- barked on his brilliant naval career as adopt a child. This year I want to rec- icans have been killed by gunfire. Until the Officer in Charge of Seabee Team ognize a special family from Falling we act, Democrats in the Senate will 5301, making three deployments to Waters, West Virginia as our very own read the names of some of those who Vietnam and earning the Bronze Star angels in adoption. The Merryman fam- have lost their lives to gun violence in and Combat Action Ribbon. ily has been nominated for the Angels the past year, and we will continue to The Navy will best remember Rear in Adoption Award by Steve Wiseman, do so every day that the Senate is in Admiral Smith for his mastery of the Executive Director of West Virginia session. Navy’s financial system and his prow- Developmental Disability Council, for In the name of those who died, we ess in effectively navigating the polit- being outstanding examples of adoptive will continue this fight. Following are ical waters within the Beltway. His parents. the names of some of the people who eight tours in the Nation’s Capital Scott and Faith Merryman have been were killed by gunfire one year ago began with duty in the office of the happily married for 32 years and live in today. Chief of Naval Operations as Facilities Berkeley County, West Virginia. They October 2, 1999: Engineer, Security Assistance Division both work in the disability field, Scott Dian Bailey, 29, Detroit, MI; (OP–63). After an exchange tour on the as a supervisory mentor at the Autism Charles L. Coron, 52, New Orleans, Strategic Air Command staff, he then Center and Faith at the West Virginia LA; served as the Director of the Chief of Parent Training Information Center, a Joanel Facouloute, 46, Miami-Dade Naval Operations’ Shore Activities resource center for parents of children County, FL; Planning and Programming Division with special needs. Filiberto Gamez, 21, Chicago, IL; (OP–44), followed by a tour in the Office They have 6 children, 8 grand- Lucretia Henderson, 13, Kansas City, of the Comptroller of the Navy. Later, children, and one great-grandchild. MO; he served in the offices of the NAVFAC Two of their children, Richard and Kenneth Holland, 39, Louisville, KY; Comptroller and the Director of Pro- Hope, are adopted and they are in the Leroy L. Lee, 31, Chicago, IL; grams and Comptroller, NAVFAC. process of adopting another foster George Morris, 24, Washington, DC; After his Command tour in San Diego, child, Charity Megan. Hugo Najero, 15, San Antonio, TX; he returned to NAVFAC Headquarters Richard, who has cerebral palsy, is 26 Majid Radee, 30, Detroit, MI; as Vice Commander and Deputy Chief years old, and now lives in his own Edison Robinson, 25, Detroit, MI; of Civil Engineers. Rear Admiral apartment. Richard is a member of the Harold Swan, 37, Louisville, KY; Smith’s knowledge of the Fleet, cou- West Virginia Team of the President’s Richard Thomas, 30, Philadelphia, pled with his unparalleled planning and Committee on Mental Retardation and PA; financial acumen, was absolutely vital attended the International Academy in Ruben Trevino, Jr., 46, Houston, TX; to successfully charting the Navy’s 1999. He is also a member of the West Unidentified male, 17, Portland, OR. course through both the 1980s build-up Virginia Developmental Disabilities One of the victims of gun violence I and the post-Cold War draw-down. Council and a self-directed activist on mentioned, 13-year-old Lucretia Hen- Rear Admiral Smith is a native of accessibility and other disability derson of Kansas City, Missouri, was Milwaukee, Wisconsin, and a graduate issues. shot and killed while riding in a car of Marquette University where he re- Hope was adopted at 13 days old be- with her cousin and two friends. ceived his Bachelor of Science in Civil cause her birth parents were unable to Lucretia was killed when her two Engineering. He later attended Purdue take care of her. She is now 19 years friends in the backseat began playing University where he earned his Master old and enjoys working as an Assistant with a handgun. of Science in Civil Engineering. Mar- Manager in a local restaurant as well Following are the names of some of ried to the former Susan Clare Kauf- as spending time with her family. the people who were killed by gunfire mann of Milwaukee, he and Susan have Charity Megan came to the one year ago on Friday, Saturday and two sons, Brian and Michael. Merryman family when she was 14 Sunday. My home State of Mississippi has months old from an institution. She is September 29, 1999: benefitted greatly from the contribu- now 17 years old, and has severe dis- Jeffrey Dowell, 38, Philadelphia, PA; tions of Rear Admiral Smith’s vision- abilities including facial deformities, Jose Escalante, 19, Philadelphia, PA; ary leadership, consummate profes- stunted growth, mental retardation, Louis Grant, 17, Baltimore, MD; sionalism, uncommon dedication, and and a seizure disorder. James Heyden, 23, Detroit, MI; enduring personality. For the State of Despite the long hours of care and Jose Martinez, 16, Houston, TX; Mississippi, he was there to assist in trips to the doctor, Scott and Faith say Tracey Massey, 25, Charlotte, NC;

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9597 Ismael Mena, 45, Denver, CO; the Constitution between the executive [From the Washington Post, Aug. 20, 2000] Antoine Moffett, 19, Chicago, IL; and legislative branches and between UNITED WE STAND, IN LINE Michael Rivera, 24, Philadelphia, PA; the states and the Federal government. Alexander Williams, 30, St. Louis, In addition to his contributions to the (By A.G. Newmeyer) MO; Constitution and the structure of Chicago was created, as the old joke goes, Christopher Worsley, 46, Atlanta, GA. American government, Madison kept for New Yorkers who like the crime and traf- September 30, 1999: the most accurate record of the Con- fic but wanted colder winters. And now, it William C. Benton, 46, Memphis, TN; seems, Chicago—like other United Airlines stitutional Convention in Philadelphia hubs—was created for travelers willing to Ziyad Brown, 22, Baltimore, MD; of any of the participants. Madison’s spend their summer vacations waiting in Carl D. Budenski, 84, New Orleans, notes from the Convention are a gift lines at the airport. If United’s proposed LA; for which historians and students of takeover of US airways goes through, Wash- John Cowling, 27, Detroit, MI; government will forever owe a debt of ington may have been created for Chicagoans Jason Curtis, 17, San Antonio, TX; gratitude. who wanted to spend their days in lines at a Ellen Davis, 74, Houston, TX; After the Constitutional Convention, smaller airport. Benacio Ortiz, 31, Chicago, IL; Madison worked toward ratification of Given the size of US Airway’s operations in Rovell Young, 35, Detroit, MI. the Constitution in two of the states our region (particularly its share of traffic at October 1, 1999: most crucial for the new government: Reagan National Airport), as well as Giles E. Anderson, 35, Hollywood, FL; Virginia and New York. He narrowly United’s proposed rule in operations of the Terry Tyrone Dooley, 40, New Orle- new DC Air frequent fliers worry that the secured Virginia’s ratification of the Clinton administration and Congress might ans, LA; Constitution over the objections of actually permit United’s expansion. Vernon Hill, 62, Denver, CO; such prominent Virginians as George United we stand, in line. Divided, we fly Leroy Kranford, 67, Detroit, MI; Mason and Patrick Henry. He assisted . . . at least, some of us. Michael Pendergraft, 43, Oklahoma in the New York ratification effort Federal Aviation Administrator Jane City, OK; through his contributions to the Fed- Garvery recently pointed to myriad factors Michael Preddy, 32, Minneapolis, MN; eralist Papers. in explaining this summer’s air travel deba- Carmen Silayan, Daly City, CA; The Federalist Papers, written by cle; a system operating at peak capacity in a James Stokes, 27, Washington, DC; James Madison, Alexander Hamilton, booming economy, weather, labor, issues and Joanne Suttons, 35, Detroit, MI. and John Jay are used to this day to so on. United’s senior management, at least We cannot sit back and allow such interpret the Constitution and explain until its recent apologies seemed happy to senseless gun violence to continue. The American political philosophy. Fed- point the finger anywhere but in the mirror. deaths of these people are a reminder eralist Number 10, written by Madison, Many of the excuses don’t stand up to scru- tiny. News reports, for example, have noted to all of us that we need to enact sen- is the most quoted of all the Federalist sible gun legislation. that United is quicker than other airlines to Papers. blame weather for cancellations. Seldom is f As a member of the U.S. House of it mentioned that a carrier’s obligation to THE JAMES MADISON COMMEMO- Representatives, Madison became the pay for hotel rooms and otherwise take care RATION COMMISSION ACT primary author of the first twelve pro- of passengers vanishes when nature is the posed amendments to the Constitution. culprit. Similarly, even if pilots are unwill- Mr. WARNER. Mr. President, it is Ten of these were adopted and became ing to fly their customary schedules, cus- unfortunate that James Madison’s leg- known as the Bill of Rights. tomer service agents at the counters and on acy is sometimes overshadowed by James Madison presided over the the phones could be augmented to take care of the obvious resultant crush. Waiting other prominent Virginians who were Louisiana Purchase as Secretary of also founding fathers of the United times make a mockery of such customer- State under President Jefferson and friendly tactics, particularly for passengers States. Most Americans can readily re- prosecuted the War of 1812 as Presi- finding our exactly how inconvenient the cite the accomplishments of George dent. He was a named party in Marbury convenience of ticket-less travel is. Washington and Thomas Jefferson. And vs. Madison, the famous court case in Common sense would suggest that United while most people can identify James which the Supreme Court defined its management has a very full plate trying to Madison as an important figure in role as arbiter of the Constitution by fly its current fleet. Only the luckiest occa- American history, his exact accom- asserting it had the authority to de- sional traveler on United could conclude plishments are sometimes less well clare acts of Congress unconstitu- that the airline has been operating in the known than some of his contem- tional. public interest this year. Interestingly, the federal government’s review of the proposed poraries. As we approach the 250th an- James Madison was born March 16, niversary of James Madison’s birth, I merger may pay scant attention to common 1751, in Orange County, Virginia. Ac- sense. wish to bring to your attention the cordingly, I urge your support of the outstanding contributions he made to The government’s review focuses largely James Madison Commemoration Com- on antitrust and competitive considerations, the fledgling United States. mission Act, legislation that will rec- not on the broader public interest. Although During the course of his life, James ognize the life and accomplishments of the Department of Transportation has a role Madison exhibited all the best qualities James Madison on the 250th anniver- to play, responsibility for the willingness to of a politician and a scholar. As a poli- sary of his birth. treat customers like human beings may get short shrift in a review process that is both tician, he served as a member of the f Virginia House of Delegates, a member legal and laughable. of the U.S. House of Representatives, PROPOSED MERGER OF UNITED In the long term, business courses are like- U.S. Secretary of State, and two-term AIRLINES AND US AIRWAYS ly to include discussion of how United’s man- President of the United States. As a Mr. MCCAIN. Mr. President, the Com- agement ruined a world-class, respected scholar, he is associated with three of merce Committee recently approved S. brand, Labor’s ownership role and board seats at United may cause other companies the most important documents in Res. 344, which expresses the Sense of to wonder about the efficacy of such arrange- American history: the U.S. Constitu- the Senate that a merger of United ments. tion, the Federalist Papers, and the Airlines and US Airways would hurt In the short term, the United mess de- Bill of Rights. In Virginia, we have consumers’ interests. A.G. Newmyer, serves a more thorough governmental review paid tribute to James Madison by nam- managing director of U.S. Fiduciary before its management expands its choke- ing one of our fine state universities Advisors, similarly addressed the pub- hold on passengers to include US Airways after him—James Madison University lic interest perspective in a guest edi- and DC Air. Although time is short in this in Harrisonburg, Virginia. torial printed in The Washington Post. election year, Congress would find vast voter More than any other American, I ask unanimous consent that the piece sympathy in reviewing whether applicable Madison can be credited with creating merger statutes are appropriate. And before be reprinted in the RECORD in its en- President Clinton finds himself joining the the system of Federalism that has tirety. rest of us on commercial flights, he should served the United States so well to this There being no objection, the mate- direct his administration to just say no to a day. Madison’s indelible imprint can be rial was ordered to be printed in the broader role for United in today’s unfriendly seen in the delicate balance struck in RECORD, as follows: skies.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9598 CONGRESSIONAL RECORD — SENATE October 2, 2000 COASTAL ZONE MANAGEMENT ACT ists for the federal government to in- rimentally affect the quality of the OF 2000 crease its support for states and local marine environment in other states. Mr. KERRY. Mr. President, I rise to communities that are working to pro- We are seeing the effects of polluted make a few remarks on the Coastal tect and preserve our coastal zone. To runoff both in our coastal communities Zone Management Act of 2000, legisla- accomplish that goal, the Committee and on our nation’s living marine re- tion to reauthorize the Coastal Zone has reported a bill that substantially sources and habitats. I’m pleased that Management Act. This bill, S. 1534, was increases annual authorizations for the we’ve included the runoff provision in passed last Thursday evening by unani- CZMA program and targets funding at S. 1534. It’s an important step forward mous consent. controlling coastal polluted runoff, one and I believe we will see the benefits in To begin, I want to thank Senator the more difficult challenges we face in our coastal environment and economy. SNOWE, our chairman on the Oceans the coastal environment. The Coastal Zone Management Act of and Fisheries Subcommittee on the S. 1534 would provide a significant in- 2000, Mr. President, has been endorsed Commerce Committee, for putting this crease to the CZMA Program. Total au- by the 35 coastal states and territories legislation on the Committee agenda thorization levels would increase to through the Coastal State Organiza- this Congress and working for its en- $136.5 million in FY2001. For grants tion. It also has the endorsement of the actment under Section 306, 306A, and 309, the Great Lakes Commission, American When Congress enacted the Coastal bill would authorize $70 million begin- Oceans Campaign, Coast Alliance, Cen- Zone Management Act in 1972, it made ning in FY00 and increasing to $90.5 ter for Marine Conservation, Sierra the critical finding that, ‘‘Important million in FY04. For grants under sec- Club, Environmental Defense, Cali- ecological, cultural, historic, and es- tion 309A, the bill would authorize $25 fornia CoastKeeper and many other thetic values in the coastal zone are million in FY00, increasing to $29 mil- groups. It’s a long list. I will ask unan- being irretrievably damaged or lost.’’ lion in FY 04; of this amount, $10 mil- imous consent to have printed into the As we deliberated CZMA’s reauthoriza- lion or 35 percent, whichever is less, RECORD a letter from support organiza- tion this session, I measured our would be dedicated to approved coastal tions. I add that S. 1534 passed the Sen- progress against that almost 30-year- nonpoint pollution control strategies ate Commerce Committee, with its re- old congressional finding. And, I con- and measures. For the NERRS, the bill gionally diverse membership, unani- cluded that while we have made tre- would provide $12 million annually for mously. mendous gains in coastal environ- construction projects, and for oper- I want to thank some of those as- mental protection, the increasing chal- ation costs, $12 million in FY 2001, in- sisted my staff with this legislation, lenges have made this congressional creasing to $15 million in FY04. Fi- and helping us pass it in the Senate. finding is as true today as it was then. nally, the bill would provide $6.5 mil- They include the Massachusetts Coast- At our oversight hearing on this leg- lion for CZMA administration. al Zone Program office and its Direc- islation, Dr. Sylvia Earle testified on This reauthorization also tackles the tor, Tom Skinner, who provided tech- the current and future state of our problem of coastal runoff pollution. nical assistance on the program, as coastal areas. Dr. Earle has dedicated This is one of the great environmental well as the Center for Marine Conserva- her career to understanding the coastal and economic challenges we face in the tion, Natural Resources Defense Coun- and marine environment, and knows as coastal zone. At the same time that cil, American Ocean Campaign, the much about it as anyone. She warned pollution from industrial, commercial Coastal States Organization and the us that, ‘‘We are now paying for the and residential sources has increased in Coast Alliance. And I thank my col- loss of wetlands, marshes, mangroves, the coastal zone, the destruction of leagues on the Commerce Committee. forests barrier beaches, natural dunes wetlands, marshes, mangroves and I ask unanimous consent that the and other systems with increasing other natural systems has reduced the letter to which I referred be printed in costs of dealing somehow with the capacity of these systems to filter pol- the RECORD. services these systems once provided— lution. Together, these two trends have There being no objection, the letter excessive storm damage, benign recy- resulted in environmental and eco- was ordered to be printed in the cling of wastes, natural filtration and nomic damage to our coastal areas. RECORD, as follows: cleansing of water, production of oxy- These effects include beach closures SEPTEMBER 18, 2000. gen back to the atmosphere, natural around the nation, the discovery of a Hon. TRENT LOTT absorption of carbon dioxide, stabiliza- recurring ‘‘Dead Zone’’ covering more Majority Leader, U.S. Senate, tion of soil, and much more. Future than 6,000 square miles in the Gulf of Washington, DC. Mexico, the outbreak of Pfiesteria on DEAR SENATOR LOTT: On behalf of the fol- generations will continue to pay, and lowing organizations, we are writing to urge pay and pay unless we can take meas- the Mid-Atlantic, the clogging of ship- you to schedule S. 1534, the Coastal Zone ures now to reverse those costly ping channels in the Great Lakes, and Management Act of 2000, for floor consider- trends.’’ harm to the Florida Bay and Keys eco- ation as soon as possible. Sponsored by Sen- The Coastal States Organization, rep- systems. In Massachusetts, we’ve faced ators SNOWE and KERRY, S. 1534 has been re- resented by their chair, Sarah Cooksey, a dramatic rise in shell fish beds clo- ported out of the Commerce Committee with told the Committee that, ‘‘In both eco- sures, which have put many of our fish- unanimous bipartisan support. nomic and human terms, our coastal ermen out of work. Since its enactment in 1972, the Coastal To tackle this problem, the Coastal Zone Management Act (CZMA) has helped challenges were dramatically dem- protect and improve the quality of life along onstrated in 1998, by numerous fish- Zone Management Act of 2000 targets the coast by providing incentives to states to kills associated with the outbreaks of up $10 million annually to, ‘‘assist develop comprehensive programs to meet the harmful algal blooms, the expansion of coastal communities to coordinate and challenges facing coastal communities re- the dead zone of the Gulf coast, and the implement approved coastal nonpoint ducing their vulnerability to storms and ero- extensive damage resulting from the pollution control strategies and meas- sion, the effects of pollution on shellfish beds record number of coastal hurricanes ures that reduce the causes and im- and bathing water quality, and loss of habi- pacts of polluted runoff on coastal tat, to name a few. and el Nino events. Although there has The CZMA has proven to be a model stat- been significant progress in protecting waters and habitats.’’ This is an impor- ute for promoting national, state and local and restoring coastal resources since tant amendment. For the first time, we objectives for balancing the many uses along the CZMA and Clean Water Acts were have elevated the local management of the coasts. There is no better testament to passed in 1972, many shell fish beds re- runoff as national priority within the the success of the state/federal partnership main closed, fish advisories continue to context of the CZMA program. Runoff forged by the CZMA than the fact that 34 of be issued, and swimming at bathing is not a state-by-state problem; the 35 eligible coastal states, commonwealths beaches across the country is too often marine environment is far too dy- and territories have chosen to participate in namic. States share the same coast- the program. Federal assistance provided restricted to protect public health.’’ under the Act is matched by states dollar for It is clear from the evidence pre- lines and border large bodies of waters, dollar. Each state can point to significant sented to the Committee in our over- such as the Gulf of Mexico, the Chesa- benefits resulting from the Act, such as im- sight process and from other input that peake Bay or the Long Island Sound, so proved coastal ecosystem health; revitalized I have received, that a great need ex- that pollutants from one state can det- waterfront communities; coastal habitat

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9599 conservation and restoration; increased mar- like the late Mike McKevitt did. trict attorney for the city and county of itime trade, recreation, and tourism; and the Former Congressman and Assistant Denver until entering Congress in 1971. establishment of estuarine research reserves U.S. Attorney General James D. Mr. McKevitt was a member of St. John’s which serve as living laboratories and class- ‘‘Mike’’ McKevitt passed away last Episcopal Church at Lafayette Square in rooms. Washington. The lands and waters of our coastal zone week here in Washington, DC. He was a His first wife, Doris L. McKevitt, died in are subject to increasingly intensive and remarkable man, a selfless public serv- 1994. Survivors include his wife, Judith competing uses. More than half of the Na- ant, and a loyal friend. He was always Woolley McKevitt of McLean; two daughters tion’s expanding population is located near working on behalf of others to make from his first marriage, Kate McLagan of the coast. S. 1534 will improve the Act by au- the world better. Austin and Julia Graf of Park City, Utah; thorizing ‘‘Coastal Community Grants’’ to and four grandchildren. assist states in enabling communities to de- His positive attitude, personal velop strategies for accommodating growth warmth and absolute sense of fair play f in a manner which protects the resources were most unique in a far too often THE GOVERNMENT LAUNCHES and uses which contribute to the quality of cynical, and mean-spirited town called WWW.FIRSTGOV.GOV life in coastal communities. The bill will Washington, DC. For 30 years, he rose help build community capacity for growth above the pettiness, nonsense and nas- Mr. DORGAN. Mr. President, the Ad- management and resource protection; dedi- tiness that often dominates the envi- ministration recently launched a new cate funding for communities to reduce the website, www.firstgov.gov. That causes and impacts of polluted runoff on ronment of the world’s most powerful city. He made it more fun to be here. website is the first all-government por- coastal waters and habitats; and reduce the tal and will offer one stop information pressure on natural resources caused by He made it all seem more noble than sprawl by targeting areas for revitalization. most of it is. from over 20,000 separate federal As a measure of the support the CZMA has We will all miss Mike McKevitt. We websites. This promises to be a great enjoyed, it is worth noting that in 1996, the are all better because of him. Our pray- tool. Throughout the country people CZMA reauthorization bill passed by a unan- ers and thoughts go out to his wonder- will be able to download tax forms, imous vote in the House, and passed the Sen- ful wife Judy and his daughters and read up on the status of legislation, ate by voice vote. We hope that passage of S. better understand the Social Security 1534 will form part of the legacy of signifi- grandchildren. cant accomplishments of the 106th Congress. I ask unanimous consent that the at- system. But Mr. President, meaningful Sincerely, tached obituary from The Washington access to all of the important informa- Anthony B. MacDonald, Coastal States Or- Post on Congressman McKevitt be tion depends on what side of the Dig- ganization. printed in the RECORD. ital Divide you find yourself. To ben- Jeanne Christie, Association of State Wet- There being no objection, the mate- efit from websites like firstgov, you lands managers. must have a computer and understand Barbara Jean Polo, American Oceans Cam- rial was ordered to be printed in the paign. RECORD, as follows: how to use it, and you must have an Jacqueline Savitz, Coastal Alliance. [From the Washington Post, Sept. 30, 2000] Internet connection with speeds fast Dr. Michael Donahue, Great Lakes Com- enough to search databases, view mission. CONGRESSMAN JAMES D. ‘‘MIKE’’ MCKEVITT, 71, DIES] graphics and download documents. David Hoskins, Center for Marine Con- As the demand for high speed Inter- servation. James D. ‘‘Mike’’ McKevitt, 71, a partner Cyn Sarthou, Gulf Restoration Network. in the Washington government affairs firm net access grows, numerous companies Tim Williams, Water Environment Federa- of McKevitt & Schneier who was a former are responding in areas of dense popu- tion. congressman and U.S. assistant attorney lation. While urban America is quickly Ed Hopkins, Sierra Club. general, died Sept. 28 at Sibley Memorial gaining high speed access, rural Amer- Richard Caplan, U.S. Public Interest Re- Hospital after a heart attach. He lived in ica is being left behind. Ensuring that search Group. McLean. Howard Page, Sierra Club—Gulf Coast all Americans have the technological Mr. McKevitt served in the House as a Col- capability is essential in this digital Group, Mississippi Chapter. orado Republican for one term before losing Cindy Dunn, Salem Sound 2000. a reelection bid in 1972. During his years in age. It is not only an issue of fairness, Diane van DeHei, American Metropolitan but it is also an issue of economic sur- Water Agencies. the House, he served on the Judiciary, Inte- Joseph E. Payne, Friends of Casco Bay. rior and Small Business committees. vival. Gay Gillespie, Westport River Watershed In 1973, he served as assistant attorney To remedy the information gap be- Alliance. general for legislative affairs, then in 1973 tween urban and rural America, I along James Gomes, Environmental League of and 1974 was counsel to the White House En- with Senator DASCHLE introduced S. Massachusetts. ergy Policy Office. 2307, the Rural Broadband Enhance- Judith Pederson, Ph.D., MIT Sea Grant From 1974 to 1986, he was federal legisla- ment Act, which gives new authority College Program. tion director of the National Federation of Bill Stanton, North & South Rivers Water- Independent Business. He then practiced law to the Rural Utilities Service to make shed Association. before founding the McKevitt & Schneier low interest loans to companies that Robert W. Howarth, Ph.D., Environmental government affairs firm in 1986. are deploying broadband technology to Defense. Mr. McKevitt was a founding member of rural America. Michelle C. Kremer, Surfrider Foundation. the Korean War Veterans Memorial Board. Enid Siskin, Gulf Coast Environmental De- The Rural Utilities Service has In 1987, the former representative of Colo- helped before; it can help again. When fense. rado’s 1st District was honored by Sen. Wil- Elizabeth Sturcken, Coastal Advocacy Net- we were faced with electrifying all of liam Armstrong (R–Colo.) as a moving force work. the country, we enacted the Rural Polly Bradley, SWIM. in the enactment of legislation creating the memorial. Electrification Act. When telephone Ken Kirk, Association of Metropolitan service was only being provided to Sewerage Agencies. Over the years, he also had served on the Denise Washko, California CoastKeeper. board of the USO, the U.S. Capitol Historical well-populated communities, we ex- Roger Stern, Marine Studies Consortium. Society and the International Consortium panded the Rural Electrification Act Victor D’Amato, North Carolina Chapter for Research on the Health Effects of Radi- and created the Rural Utilities Service Sierra Club. ation. He was a past president of the Univer- to oversee rural telephone deployment. Nina Bell, J.D., Northwest Environmental sity Club of Washington, parliamentarian of The equitable deployment of broadband Advocates. the 1986 White House Conference on Small Donald L. Larson, Kitsap Diving Associa- Business and a member of the Bowen Com- services is only the next step in keep- tion. mission on Medicare. His hobbies included ing American connected, and our legis- Cliff McCreedy, Oceanwatch. sailing the Chesapeake Bay. lation would ensure that. Richard Delaney, Urban Harbors Institute, Mr. McKevitt, who was born in Spokane, If we fail to act, rural America will Univ. of Massachusetts, Boston. Wash., was a 1951 graduate of the University Dee Von Quirolo, Executive Director, Reef be left behind once again. As the econ- of Idaho and a 1956 graduate of the Univer- Relief, Key West, Florida. omy moves further and further towards sity of Denver law school. During the Korean online transactions and communica- f War, he served as an Air Force combat intel- tions, rural America must be able to CONGRESSMAN JAMES D. ‘‘MIKE’’ ligence officer in Korea. He was admitted to the Colorado Bar in participate. They must be able to start MCKEVITT 1956 and practiced law in Boulder before serv- their own online business if they so de- Mr. HAGEL. Mr. President, few indi- ing as an assistant attorney general of Colo- sire and access information about gov- viduals ever touch the lives of people rado from 1958 to 1967. He then served as dis- ernment services efficiently.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9600 CONGRESSIONAL RECORD — SENATE October 2, 2000 I look forward to working with my in supporting passage of this legisla- Cuban and Nicaraguan nationals from colleagues in the Senate to address this tion so we can move it on to the Presi- deportation from the United States. problem and to bring meaningful data dent for his signature. Those residents who have been in the access to all parts of this country. f U.S. since December 1995 can now ad- just to permanent resident status. But f THE LATINO IMMIGRATION Salvadorans, Guatemalans, Hondurans, THE MARITIME ADMINISTRATION FAIRNESS ACT and Haitians are still not as fully pro- AUTHORIZATION ACT Ms. LANDRIEU. Mr. President, last tected. Mr. MCCAIN. Mr. President, last week, the Senate majority blocked ef- In the last decade, Louisiana has pro- Thursday, the Senate passed S. 2487, forts to bring the Latino Immigration vided refuge to thousands of Hondurans the Maritime Administration Author- Fairness Act to the floor. This bill em- seeking relief from natural and human ization Act for Fiscal Year 2001. Pas- bodies the essence of America: pro- disasters. Displaced by storms, floods, sage of this measure will help to ensure viding safe haven to the persecuted and war, and social unrest, many of these our nation’s maritime industry has the down trodden, supporting equal oppor- people have found warm and com- support and guidance it needs to con- tunity for the disadvantaged, and pro- forting homes for their families in the tinue to compete in the world market. moting family values to our country’s American Bayou. The bill authorizes appropriations for residents. My State, particularly in New Orle- the Maritime Administration [MarAd] Many of my Senate colleagues per- ans, boasts a proud tradition of cul- for fiscal year 2001. It covers operations ceive this provision to be a necessary tural diversity. The Honduran commu- and training and the loan guarantee addition to the H–1B Visa bill, which nity was originally brought to Lou- program authorized by title XI of the extends temporary residence to 195,000 isiana through a thriving banana trade Merchant Marine Act 1936. The House foreign workers each year for the next between the Port of Louisiana and Gulf Committee on Armed Services, which two years. The Latino Immigration of Honduras in the early twentieth cen- has jurisdiction of maritime matters in Fairness Act legitimates certain work- tury. As the community grew, Louisi- that body, has chosen to include provi- ers who have been living in the U.S. for ana’s Honduran population became the sions relating to these authorizations over five years, and are ready, willing, largest outside of Honduras. For this in the House-passed version of H.R. and able to permanently contribute to reason, Louisiana seemed the most log- 4205, the National Defense Authoriza- our workforce and communities. ical destination for Hondurans fleeing tion Act for Fiscal Year 2001. Further, Unfortunately, the Majority’s leader- instability during the 1980s and 1990s. the House conferees on that measure ship has used parliamentary procedures Once again, my state, like many oth- have refused to fully accept S. 2487 as to block this bill from coming to the ers, opened her doors to our desperate the Senate position as part of the on- floor. I am disappointed that too few Central American brothers. going House-Senate conference delib- Republican leaders support this mean- The Latino Immigration Fairness erations in part, due to the Senate’s ingful legislation becoming law. I am Act will help fulfill a promise this gov- slow action on the measure. I hope by convinced that the Latino Immigration ernment has made to these refugees, passing S. 2487 we will change that Fairness bill has been proposed in the and attempt to finish the work of course. best interests of our country and in ac- Presidents Reagan and Clinton. Under In addition to the authorizations for cordance with our obligations to pro- the Reagan Administration, the Immi- operations and training and the loan moting democracy and freedom in our gration and Naturalization Service set guarantee program, S. 2487 amends hemisphere. up special asylum programs for these Title IX of the Merchant Marine Act of My support for this legislation is people to reside legally in the U.S. 1936 to provide a wavier to eliminate based on four fundamental reasons: Since then, they have greatly con- the three year period that bulk and First, this bill would provide Central tributed to American society—raising breakbulk vessels newly registered American immigrants previously ex- children, paying taxes, and estab- under the U.S. flag must wait in order cluded under the Nicaraguan and Cen- lishing successful businesses through- to carry government-impelled cargo. tral American Relief Act, NACARA, out our country—as well as contrib- The bill also provides a one year win- the opportunity to legalize their sta- uted direct support to their relatives dow of opportunity for vessels newly tus; it would allow immigrants apply- left behind in their homelands. registered under the U.S.-flag to enter ing for permanent residency to remain In a democracy such as ours, we must into the cargo preference trade without in the U.S. with their families instead be consistent in the principles we up- waiting the traditional three year pe- of forcing them to return to their coun- hold for our Latin neighbors seeking riod. try of origin to apply (a process that asylum. These people have fled polit- The bill also would amend the Na- can take months to years to complete); ical instability and social upheaval in tional Maritime Heritage Act of 1994 and it would change the registry cut- their native lands. and allow the Secretary to scrap obso- off date to 1986, which would resolve As the guardian of Democratic ideals lete vessels in both domestic and inter- the 14-year bureaucratic limbo that has and chief opponent of repression in the national market. It would further con- denied amnesty to qualified immi- Western Hemisphere, we must ensure vey ownership of the National Defense grants who sought to adjust their sta- that these residents adjust their status Reserve Fleet Vessel, Glacier to the tus under the 1986 Immigration Reform to legal resident under the same proce- Glacier Society for use as museum and and Control Act. Finally, this bill dure permitted for Cubans and Nica- require the Maritime Administration would resolve the status of so many raguans. to including the source and intended valuable members of American society. In sum, I urge my colleagues to con- use of all funding in reports to Con- There are an estimated 6 million immi- sider the United States’ historic com- gress. Finally, it amends Public Law grants in the United States who are mitment to fair immigration policies. 101–115 to recognize National Maritime not yet citizens. A majority of these Our country has been built and con- Enhancement Institutes as if they were immigrants have been here for many tinues to be sustained by immigrants. University Transportation Centers for years and are working hard, paying In her poem, The Colossus, Emma purposes of the award of research funds taxes, buying homes, opening busi- Lazarus named our country the ‘‘Moth- for maritime and intermodal research nesses and raising families. er of Exiles.’’ Personified by the Statue and requires the Secretary of Transpor- For years, U.S. immigration policy of Liberty, the United States of Amer- tation to review the funding of mari- has provided refuge to tens of thou- ica continues to shine her torch on ref- time research in relation to other sands of these Nicaraguans, Cubans, ugees from instability and strife—We modes of transportation. Salvadorans, Guatemalans, Hondurans, have opened our doors to people of all I want to thank the cosponsors of and Haitians fleeing civil war and so- races and nationalities, and have pros- this measure, Senator HOLLINGS and cial unrest in their own countries. In pered from their valuable contributions Senator INOUYE for the assistance in 1997 the Nicaraguan Adjustment and to labor, community, and culture. moving this measure forward. I hope Central American Relief Act was Now, failure to pass Fairness legisla- my colleagues in the House will join us signed into law. This statute protects tion will take away our promise of

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9601 freedom to so many deserving resi- Lori Harrigan, Tasha Schwikert, and sacrifice for the gold medal that we dents, and deny us the gifts they have Charlene Tagaloa were three Nevadan won in the fast pitch softball competi- imparted to our shores. athletes who gave wholly to the U.S. tion. Contrary to what our critics say, sup- team in their respective sports. We should all remember the char- porting this bill does not condone ille- Lori Harrigan, a pitcher for the acter of the 2000 Olympic Games, both gal entry into this country. I am proud champion U.S. softball team, helped the smile evoking and heartbreaking of our historic value of the rule of law her team bring home a second gold moments, and continue to support the and territorial integrity. At the same medal in as many Olympic Games. Lori Nevadan and American athletes who time, I am equally concerned that once has had an amazing softball career for have the integrity, dedication, and certain people have resided in this many years now, and since she grad- ability to represent our nation, now country for years and contributed to uated from UNLV, Lori has won 13 and in the future. Congratulations to our country’s prosperity, some would international medals for the United all of our Olympic participants.∑ have us uproot such valuable members States. Lori will be remembered in of our society. Olympic history as the first softball f Let us not eject Honduran, Haitian, player to pitch a complete no-hitter HONORING THE KARNES ON THEIR Guatemalan, and Salvadoran nationals, game, which she accomplished this 50TH WEDDING ANNIVERSARY who have, for so long, woven into the summer in the opening round game. American fabric, making American This summer she lived up to the legacy ∑ Mr. ASHCROFT. Mr. President, fami- families, paying American taxes, build- that she blazed as a UNLV Runnin’ lies are the cornerstone of America. In- ing American homes and businesses, Rebel, and her softball accomplish- dividuals from strong families con- and working for American labor. ments are properly hallmarked by her tribute greatly to society. I believe it Let us not revoke the American retired jersey that UNLV has proudly is both instructive and important to promise of freedom, and help deport so displayed since 1998. honor those who have taken the com- many valuable members of our society. Las Vegan Tasha Schwikert has been mitment of ‘‘till death us do part’’ seri- Let us vote for passage of this very the sweet surprise of the Olympic ously, demonstrating successfully the American legislation, the Latino Im- Games. She was not one of the original timeless principles of love, honor, and migration Fairness Act. members of the U.S. gymnastics team. fidelity. These characteristics make f However, she was later chosen as a sec- our country strong. THE VERY BAD DEBT BOXSCORE ond alternate. An unfortunate injury For these important reasons, I rise to another gymnast gave Tasha the today to honor Dorothy and Eddie Mr. HELMS. Mr. President, at the chance that she deserved for an Olym- Karnes, who on October 7, 2000, will cel- close of business Friday, September 29, pic appearance. Although Tasha didn’t ebrate their 50th wedding anniversary. 2000, the Federal debt stood at medal, she still showed the world a My wife, Janet, and I look forward to $5,674,178,209,886.86, five trillion, six strong performance. And because of her the day we can celebrate a similar hundred seventy-four billion, one hun- youth and newly developed inter- milestone. The Karnes’ commitment to dred seventy-eight million, two hun- national experience, we can expect to the principles and values of their mar- dred nine thousand, eight hundred see Tasha as a leader in future gym- riage deserves to be saluted and recog- eighty-six dollars and eighty-six cents. nastic competitions. nized.∑ One year ago, September 29, 1999, the The United States women’s f Federal debt stood at $5,645,399,000,000, volleyball team was the underdog of five trillion, six hundred forty-five bil- the Olympic indoor volleyball competi- lion, three hundred ninety-nine mil- PRIVATE RELIEF BILL FOR tion, and many did not even expect the FRANCES SCHOCHENMAIER lion. team to contend for a medal in Sydney. Five years ago, September 29, 1995, ∑ Mr. JOHNSON. Mr. President, on With the help of Las Vegan, Charlene the Federal debt stood at September 28, 2000, the United States Tagaloa, the women’s volleyball team $4,973,983,000,000, four trillion, nine Senate unanimously approved legisla- played in the bronze medal math. hundred seventy-three billion, nine Nevada demonstrated its tion to provide private relief for hundred eighty-three million. miulticulturalism during the Olympic Frances Schochenmaier of Bonesteel, Twenty-five years ago, September 29, Games, because six other current or South Dakota. Frances’ case clearly 1975, the Federal debt stood at former UNLV Runnin’ Rebels competed warrants action by the United States $552,824,000,000, five hundred fifty-two for their native countries. These Congress to correct an injustice in- billion, eight hundred twenty-four mil- unique individuals include four swim- flicted upon her family over 50 years lion which reflects a debt increase of mers and two track runners. These ath- ago. I am pleased that the Senate has more than $5 trillion— letes are as follows: swimmers Mike taken this important step by passing $5,121,354,209,886.86, five trillion, one Mintenko of Canada, Jacint Simon of the Private Relief Bill for Frances hundred twenty-one billion, three hun- Hungary, Andrew Livingston of Puerto Schochenmaier, which I was proud to dred fifty-four million, two hundred Rico, Lorena Diaconescu of Romania, have introduced and was cosponsored nine thousand, eight hundred eighty- and sprinters, Ayanna Hutchinson and by my friend and colleague from South six dollars and eighty-six cents during Alicia Tyson, of Trinidad and Tobago. Dakota Senator TOM DASCHLE. I will the past 25 years. Nevada’s contribution to the Olympic continue to work diligently with Mem- f Games does not end with the efforts of bers of the House of Representatives to ADDITIONAL STATEMENTS its athletes. ensure the legislation is passed before Karen Dennis is not only the head of the end of this Congressional session the UNLV women’s track team, but she and signed by the President. NEVADA’S OLYMPIC ATHLETES was chosen to be the U.S. women’s Frances’ husband, Hermann ∑ Mr. REID. Mr. President, the 27th track coach. Her talent and expertise Schochenmaier, was one of the thou- Olympiad is now finished, and the undoubtedly contributed to the mul- sands of young men who valiantly an- United States of America should be tiple medals and stellar performances swered his country’s call to duty dur- very proud of our participants. They we saw from the U.S. track team this ing World War II. While serving in Eu- showed the world that Americans put Olympics. rope, Hermann was wounded—shot in their hearts and souls into everything Las Vegan Jim Lykins was chosen to the arm in what medical personnel re- that they do. Part of the reason that I be one of the two umpires from the ferred to as a through-and-through’’ support the Olympic tradition is that United States to referee women’s soft- wound. Upon returning home, the De- these special games are a reflection of ball. He gleefully did not umpire the partment of Veterans Affairs awarded the diversity, brotherhood, and spirit championship game, because Olympic Hermann a 10 percent disability rating. that the United States celebrates ev- rules prevent umpires from working For 50 years, Hermann received dis- eryday. I am especially proud of my any games played by their home coun- ability compensation for the injury he state and the Olympic participants we try. Not being able to umpire the received during his service in the sent to Sydney, Australia. championship match was a worthwhile United States military. Then, in 1995,

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9602 CONGRESSIONAL RECORD — SENATE October 2, 2000 the Department of Veterans Affairs ac- Reidlinger, Wellpinit implemented an TRIBUTE TO MRS. PATTY LEWIS knowledged that it was ‘‘clearly and innovative program that includes in- ∑ Mr. WARNER. Mr. President, I would unmistakably erroneous’’ in rating creasing student access to computers like to recognize the professional dedi- Hermann’s injury too low. Instead of a and improving students’ use of the cation, vision and public service of 10 percent rating, Hermann’s injuries internet and intranet. Mrs. Patty Lewis who will be leaving Wellpinit reconfigured its cur- during World War II were consistent the staff of the Senate Armed Services riculum, integrating it with a com- with a 30 percent disability rating. Committee at the end of this year to puter program that allows students Over these 50 years, Hermann re- return to the Department of Defense to from both elementary and secondary ceived approximately $10,000, when he serve in the Office of the Assistant Sec- grades to access an individualized in- should have actually received closer to retary of Defense for Health Affairs. It structional program for any core sub- $70,000. Unfortunately, only one week has been a privilege for me to work ject. The computerized curriculum has prior to the Department of Veterans with Mrs. Lewis and it is an honor to Affairs correcting this problem, Her- been highly effective in increasing na- tional test scores. In fact, Wellpinit recognize her many outstanding ac- mann Schochenmaier passed away. To complishments. further complicate matters, the De- was named the highest achieving In- dian Reservation school based on the I asked Mrs. Lewis to join the staff of partment of Veterans Affairs refused to the Armed Services Committee last Oc- give Hermann’s family the disability Iowa Test of Basic Skills. Wellpinit has also been selected as one of America’s tober to assist me and the other Mem- benefits he rightfully earned. bers of the Committee deal with the For the past five years, I have Top 100 Wired Schools by the editors of complex issues of improving the Mili- worked with Frances to exhaust every Family PC Magazine. tary Health Care System, TRICARE, avenue within the Department of Vet- Earlier this year, I awarded and providing health care to Medicare- erans Affairs. The answer was always Quillayute Valley School District one eligible retired military personnel and the same: the law does not allow for of my ‘‘Innovation in Education’’ their families. She is superbly com- veterans’ widows to receive these lost Awards for developing the Washington petent and demonstrated a level of pro- benefits. So, I decided that it must Virtual Classroom Consortium (WVCC), fessionalism which far exceeded that of take an act of Congress—literally—to which links rural schools together via many of her contemporaries. Mrs. ensure that a veteran’s widow from the Internet in order to pool resources Lewis is an expert at cutting through Bonesteel received the benefits her and expand learning opportunities for the red tape of the military health care husband earned, but was denied from students and staff. Wellpinit has joined bureaucracy and never losing sight of receiving in his lifetime. the WVCC to further enhance the edu- the fact that taking care of the indi- Thanks to the perseverance from cational opportunities for all students. vidual is paramount. Her focus was al- members of my office, the continued Superintendent Reid Reidlinger told ways on doing the right thing for our faith of Frances and her family, and me, ‘‘Wellpinit has been a model for service members and their families. some bipartisanship among members of other schools. Federal grants have helped with bringing technology to our Mrs. Lewis has earned a reputation Congress, we were able to pass this im- district, and as a result, we have very as someone on whom we could rely to portant legislation in the Senate and advanced students.’’ provide fresh ideas, detailed research, put it on a track to be signed into law I commend all those who have con- and practical solutions to complex by the President before the end of this tributed to Wellpinit’s technology plan problems. Her professional abilities year. and ask that the Senate join me in rec- My wife, Barbara, and I are parents and expertise have earned her the re- ognizing the hard work and commit- of a son who serves our country in the spect and trust of her colleagues on ment of the students, teachers and fac- both sides of the aisle and in both Army, and we know the sacrifices fami- ulty at the Wellpinit School District.∑ lies make when their loved-ones travel Houses of the Congress. Mrs. Lewis’ overseas in the military. I am sorry f ability to clearly see a viable alter- that fate denied Hermann the oppor- IN RECOGNITION OF TOM WILKENS native when others could only see the fog of confusion contributed to the suc- tunity to see justice done with the cor- ∑ Mr. TORRICELLI. Mr. President, I cess of the Committee on Armed Serv- rection of his disability rating. I am rise today to recognize one of the truly thankful that fate and old-fashioned ices in developing the legislation that gifted athletes of the state of New Jer- will, for the first time in history, de- elbow-grease over these past five years sey. It gives me great pleasure to ex- has given our country the opportunity finitively entitle retired military per- tend my congratulations to Tom sonnel to the lifetime of health care to make things right with Frances and Wilkens on winning the bronze medal the Schochenmaier family.∑ that they were promised when they in the men’s 2000 meter individual med- were recruited and reenlisted. With f ley event at the XXVIIth Olympic Mrs. Lewis’ help, we are finally able to RECOGNITION OF THE WELLPINIT Games in Sydney, Australia. fulfill that commitment. Despite having asthma and a severe SCHOOL DISTRICT Mr. President, initiative, caring serv- allergy to chlorine, Tom Wilkens has ice and professionalism are the terms ∑ Mr. GORTON. Mr. President, I take consistently performed as a champion. used to describe Mrs. Lewis. Patty the floor of the Senate today to tell At the 1999 Pan Pacific Championships, you about the hard working teachers, he won a medal of each color, gold in Lewis is a great credit to the Senate faculty and parents of the Wellpinit the 200 meter individual medley, silver and the Nation. As she now departs to School District and their efforts to im- in the 200 meter breaststroke, and share her experience and expertise with prove their children’s education by bronze in the 400 meter individual med- the Department of Defense I call upon bringing technology to the classroom. ley. To this impressive collection, he my colleagues on both sides of the aisle For their dedication, I am delighted to adds a bronze from the Games of the to recognize her service to the Senate present the Wellpinit School District XXVIIth Olympiad. and wish her well in her new assign- ∑ with one of my ‘‘Innovation in Edu- Tom Wilkens represents the best of ment. cation’’ Awards. New Jersey’s athletes. His outstanding The Wellpinit School District is lo- representation of New Jersey and the f cated on the Spokane Indian Reserva- United States at these Olympic Games tion in Eastern Washington and edu- is a testament to the dedication that HONORING INDUCTEES INTO THE cates 440 students of which 95 percent has afforded him success in the face of HALL OF VALOR are of Native American descent. The K– diversity. ∑ Mr. SANTORUM. Mr. President, I 12 school has already far exceeded any Through his efforts, Tom Wilkens has rise to day to honor the veterans who other rural school in Washington state been able to achieve athletic greatness. will be inducted into the Hall of Valor with its efforts to boost the use of His commitment to excellence serves at Soldiers’ & Sailors’ Memorial Hall. technology in the classroom. Under the as an inspiration and it is an honor for On October 14, 2000, 15 veterans, all of direction of Wellpinit’s Board of Direc- me to be able to recognize his accom- whom served in World War II, will be tors and Superintendent Reid plishments.∑ inducted in the Hall of Valor. All the

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9603 veterans being recognized have re- David, it is an honor to serve you in the Senate by Ms. Evans, one of his ceived either the Silver Star or the dis- the U.S. Senate. I wish you all the best secretaries. tinguished Flying Cross and are resi- in your future endeavors. May you al- EXECUTIVE MESSAGES REFERRED dents of Allegheny County and other ways continue to inspire those around As in executive session the Presiding areas of Pennsylvania. you.∑ Officer laid before the Senate messages Each inductee has distinguished him- f from the President of the United self through gallantry and courage at TRIBUTE TO DR. WENDELL WEART States submitting sundry nominations the risk of his own life, above and be- which were referred to the appropriate ∑ yond the call of duty. This nation val- Mr. DOMENICI. Mr. President, I rise committees. ues their service and has recognized to commend a fellow New Mexican, Dr. (The nominations received today are these acts of heroism and bravery and Wendell Weart. He is a remarkable sci- printed at the end of the Senate pro- those of other servicemen and women. entist, an international authority on ceedings.) Today, I would like to remember and radioactive waste management, and f acknowledge the extraordinary valor the Senior Fellow at Sandia National each inductee displayed in the name of Laboratories in Albuquerque, New MESSAGE FROM THE HOUSE freedom. Mexico. After his distinguished career, RECEIVED DURING RECESS Induction in the Hall of Valor is one he is retiring in October. His out- Under the authority of the order of way we can bear witness to and ac- standing abilities have been crucial to the Senate of January 6, 1999, the Sec- knowledge the service of each inductee. the success of the world’s first deep retary of the Senate, on September 29, I wish to extend my sincere gratitude geologic repository for radioactive 2000, during the recess of the Senate, for their sacrifice and dedication in the waste. It is highly appropriate that we received a message from the House of U.S. Armed Forces. All of the heroes recognize his contributions to that Representatives announcing that the we honor today—both those present project and to the nation. House disagrees to the amendment of and those who have gone before us—de- The Waste Isolation Pilot Plant in the Senate to the bill (H.R. 4461) mak- serve the highest esteem and admira- New Mexico began receiving defense- ing appropriations for Agriculture, program radioactive wastes in 1999. tion. I ask my Senate colleagues to Rural Development, Food and Drug Ad- The process that led to its opening was join me in recognizing a few of our na- ministration and Related Agencies pro- long and difficult, requiring the solu- tion’s veterans as they are inducted grams for the fiscal year ending Sep- tion of innumerable technical and so- into the Hall of Valor at Soldiers’ & tember 30, 2001, and for other purposes, cial problems. Although many people Sailors’ Memorial Hall in Pittsburgh, and agrees to the conference asked by contributed to the solution of those PA. the Senate on the disagreeing votes of In recognition of their actions, Jo- problems, Dr. Weart’s role was para- the two Houses thereon. That Mr. seph Burdis, Jr., Samuel L. Collier, mount throughout. SKEEN, Mr. WALSH, Mr. DICKEY, Mr. James J. Fisher, James W. Regan, He led Sandia’s technical support for KINGSTON, Mr. NETHERCUTT, Mr. John A. Somma, William G. the project from its beginnings in the BONILLA, Mr. LATHAM, Mrs. EMERSON, Stampahar, Leonard R. Tabish, and Ar- early 1970s. In the early years his ef- thur R. Kiefer, Jr. will be inducted in forts were essential to the exploratory Mr. YOUNG of Florida, Ms. KAPTUR, Ms. the Hall of Valor. The following vet- investigations and the final selection DELAURO, Mr. HINCHEY, Mr. FARR, Mr. erans will be posthumously inducted: of the repository site. He then led the BOYD, and Mr. OBEY be the managers of Richard Ascenzi, William John Beynon, project through the conceptual design the conference on the part of the Thomas J. Korenich, John Lipovsik, of the repository, through the formula- House. Jr., Joseph Anthony Papst, Michael J. tion and implementation of the inves- f Popko, and Sigmund J. Zelczak.∑ tigations that demonstrated the site’s ENROLLED BILL PRESENTED f suitability, and through the arduous process of obtaining regulatory approv- The Secretary of the Senate reported TRIBUTE TO DAVID VILLOTTI als. The rigorous scientific basis fi- that during the recess of the Senate, on ∑ Mr. SMITH of New Hampshire. Mr. nally achieved for the repository was September 29, 2000, he had presented to President, I rise today to pay tribute due in no small part to Dr. Weart’s own the President of the United States, the to David Villotti of Amherst, NH, on scientific expertise and to his un- following enrolled bill: being nominated for the ‘‘Angels in matched leadership. S. 1295. An act to designate the United Adoption’’ award. David has worked At least as important as these highly States Post Office located at 3813 Main tirelessly to improve the lives of many technical contributions was Dr. Street in East Chicago, Indiana, as the ‘‘Lance Corporal Harold Gomez Post Office.’’ children throughout New Hampshire. Weart’s ability to instill confidence David’s mission is to provide care among the scientific community and f and support to the neediest children the public. His skill in explaining com- REPORTS OF COMMITTEES and families in New Hampshire. David plex issues, his truthfulness in all con- The following reports of committees has worked to reunite ‘‘his’’ children at troversies, and his tireless patience in were submitted: the Nashua Children’s Home to their dealing with questions and frustrations By Mr. JEFFORDS, from the Committee biological families or, if necessary, for more than twenty-five years—all on Health, Education, Labor, and Pensions, have them placed in foster care or were indispensable contributions to the with an amendment in the nature of a sub- adopted into loving families. Some of project. Without the trust Dr. Weart stitute: these children have experienced a tre- engendered, the Waste Isolation Pilot S. 2829: A bill to provide for an investiga- mendous amount of emotional and Plant, though scientifically well tion and audit at the Department of Edu- physical trauma. David creates an en- grounded, might still have failed to ob- cation (Rept. No. 106–448). vironment that is safe for these chil- tain scientific, regulatory, and social By Mr. CAMPBELL, from the Committee dren to grow while they await word on on Indian Affairs, without amendment: approval. S. 1840: A bill to provide for the transfer of their family situation. The permanent disposal of radio- public lands to certain California Indian When David first began working at active wastes has proved intractable in Tribes (Rept. No. 106–449). the Nashua Children’s Home 15 years many countries. Thanks largely to By Mr. MURKOWSKI, from the Committee ago, there were 18 children in resi- Wendell Weart, the United States now on Energy and Natural Resources, with an dence. Today there are 46. David and has an operating repository. Congress amendment: his staff continue to provide support to and the American taxpayers owe him S. 2400: A bill to direct the Secretary of the families while allowing children the our most sincere thanks and our best Interior to convey certain water distribution facilities to the Northern Colorado Water environment that they need to grow wishes.∑ and mature into well-adjusted teen- Conservancy District (Rept. No. 106–450). f By Mr. MURKOWSKI, from the Committee agers and adults. I am proud to have MESSAGES FROM THE PRESIDENT on Energy and Natural Resources, with nominated David for the ‘‘Angels in amendments: Adoption’’ award for the state of New Messages from the President of the S. 2757: A bill to provide for the transfer or Hampshire. United States were communicated to other disposition of certain lands at Melrose

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Air Force Range, New Mexico, and Yakima dian Tribes of Texas Restoration Act to de- TEXT OF COMMITTEE RECOMMENDED Training Center, Washington (Rept. No. 106– crease the requisite blood quantum required RESOLUTION OF ADVICE AND CONSENT 451). for membership in the Ysleta del Sur Pueblo Resolved, (two thirds of the Senators present By Mr. CAMPBELL, from the Committee tribe (Rept. No. 106–464). concurring therein), That the Senate advise on Indian Affairs, without amendment: By Mr. STEVENS, from the Committee on and consent to the ratification of the Pro- S. 2872: A bill to improve the cause of ac- Appropriations: Special Report entitled tocol Amending the 1950 Consular Conven- tion for misrepresentation of Indian arts and ‘‘Further Revised Allocation to Subcommit- tion Between the United States of America crafts (Rept. No. 106–452). tees of Budget Totals’’ (Rept. No. 106–465). and Ireland, signed at Washington on June By Mr. MURKOWSKI, from the Committee By Mr. HELMS, from the Committee on 16, 1998 (Treaty Doc. 106–43), subject to the on Energy and Natural Resources, without Foreign Relations, with an amendment in declaration of subsection (a) and the proviso amendment: the nature of a substitute: S. 2873: A bill to provide for all right, title, H.R. 4002: A bill to amend the Foreign As- of subsection (b). and interest in and to certain property in sistance Act of 1961 to revise and improve (a) DECLARATION.—The Senate’s advice and Washington County, Utah, to be vested in provisions relating to famine prevention and consent is subject to the following declara- the United States (Rept. No. 106–453). freedom from hunger. tion, which shall be binding upon the Presi- By Mr. MURKOWSKI, from the Committee By Mr. HELMS, from the Committee on dent: on Energy and Natural Resources, with an Foreign Relations, without amendment: TREATY INTERPRETATION.—The Senate af- amendment and an amendment to the title: S. 3076: A bill to establish an under- firms the applicability to all treaties of the S. 2877: A bill to authorize the Secretary of graduate grant program of the Department constitutionally based principles of treaty the Interior to conduct a feasibility study on of State to assist students of limited finan- interpretation set forth in Condition (1) of water optimization in the Burnt River basin, cial means from the United States to pursue the resolution of ratification of the INF Malheur River basin, Owyhee River basin, studies abroad. Treaty, approved by the Senate on May 27, and Powder River basin , Oregon (Rept. No. By Mr. THOMPSON, from the Committee 1988, and Condition (8) of the resolution of 106–454). on Governmental Affairs, without amend- ratification of the Document Agreed Among By Mr. MURKOWSKI, from the Committee ment: the States Parties to the Treaty on Conven- on Energy and Natural Resources, without S. 3144: An original bill to amend the In- tional Armed forces in Europe, approved by amendment: spector General Act of 1978 (5 U.S.C. App.) to the Senate on May 14, 1997. establish police powers for certain Inspector S. 2977: A bill to assist in the establish- (b) PROVISO.—The resolution of ratification General agents engaged in official duties and ment of an interpretive center and museum is subject to the following proviso, which provide an oversight mechanism for the exer- in the vicinity of the Diamond Valley Lake shall not be included in the instrument of cise of those powers. in southern California to ensure the protec- ratification to be signed by the President: tion and interpretation of the paleontology f SUPREMACY OF THE CONSTITUTION.—Nothing discoveries made at the lake and to develop in this Treaty requires or authorizes legisla- a trail system for the lake for use by pedes- EXECUTIVE REPORTS OF tion or other action by the United States of trians and nonmotorized vehicles (Rept. No. COMMITTEES America that is prohibited by the Constitu- 106–455). The following executive reports of tion of the United States as interpreted by By Mr. MURKOWSKI, from the Committee committee were submitted during the the United States. on Energy and Natural Resources, with recess on Friday, September 29, 2000: amendments: S. 2885: A bill to establish the Jamestown By Mr. HELMS for the Committee on For- Treaty Doc. 104–35 Inter-American Conven- 400th Commemoration Commission, and for eign Relations. tion on Serving Criminal Sentences Abroad other purposes (Rept. No. 106–456). Treaty Doc. 106–39 Treaty With Mexico on (Exec. Report No. 106–21) By Mr. SMITH, of New Hampshire, from Delimitation of Continental Shelf (Exec. Re- TEXT OF COMMITTEE RECOMMENDED the Committee on Environment and Public port No. 106–19). RESOLUTION OF ADVICE AND CONSENT Works, without amendment: TEXT OF COMMITTEE RECOMMENDED H.R. 2496: A bill to reauthorize the Junior RESOLUTION OF ADVICE AND CONSENT Resolved, (two thirds of the Senators present Duck Stamp Conservation and Design Pro- Resolved, (two thirds of the Senators present concurring therein), That the Senate advise gram Act of 1994 (Rept. No. 106–457). concurring therein), That the Senate advise and consent to the ratification of the Inter- By Mr. THOMPSON, from the Committee and consent to the ratification of the Treaty American Convention on Serving Criminal on Governmental Affairs, with amendments: Between the Government of the United Sentences Abroad, done in Managua, Nica- H.R. 3069: A bill to authorize the Adminis- States of America and the Government of ragua, on June 9, 1993, signed on behalf of the trator of General Services to provide for re- the United Mexican States on the Delimita- United States at the Organization of Amer- development of the Southeast Federal Cen- tion of the Continental Shelf in the Western ican States Headquarters in Washington on ter in the District of Columbia (Rept. No. Gulf of Mexico Beyond 200 Nautical Miles, January 10, 1995 (Treaty Doc. 104–35), subject 106–458). signed at Washington on June 9, 2000 (Treaty to the conditions of subsections (a) and (b). By Mr. SMITH, of New Hampshire, from Doc. 106–39), subject to the declaration of (a) The advice and consent of the Senate is the Committee on Environment and Public subsection (a) and the proviso of subsection subject to the following conditions, which Works, with amendments: (b). shall be included in the instrument of ratifi- H.R. 3292: A bill to provide for the estab- (a) DECLARATION.—The Senate’s advice and cation of the Convention: lishment of the Cat Island National Wildlife consent is subject to the following declara- (1) RESERVATION.—With respect to Article Refuge in West Feliciana Parish, Louisiana tion, which shall be binding upon the Presi- V, paragraph 7, the United States of America (Rept. No. 106–459). dent: will require that whenever one of its nation- By Mr. MURKOWSKI, from the Committee TREATY INTERPRETATION.—The Senate af- als is to be returned to the United States, on Energy and Natural Resources, without firms the applicability to all treaties of the the sentencing state provide the United amendment: constitutionally based principles of treaty States with the documents specified in that H.R. 4275: A bill to establish the Colorado interpretation set forth in Condition (1) of paragraph in the English language, as well as Canyons National Conservation Area and the the resolution of ratification of the INF the language of the sentencing state. The Black Ridge Canyons Wilderness, and for Treaty, approved by the Senate on May 27, United States undertakes to furnish a trans- other purposes (Rept. No. 106–460). 1988, and Condition (8) of the resolution of lation of those documents into the language By Mr. SMITH, of New Hampshire, from ratification of the Document Agreed Among of the requesting state in like cir- the Committee on Environment and Public the States Parties to the Treaty on Conven- cumstances. Works, without amendment: tional Armed Forces in Europe, approved by H.R. 4286: A bill to provide for the estab- the Senate on May 14, 1997. (2) UNDERSTANDING.—The United States of lishment of the Cahaba River National Wild- (b) PROVISIO.—The resolution of ratifica- America understands that the consent re- life Refuge in Bibb County, Alabama (Rept. tion is subject to the following proviso, quirements in Articles III, IV, V and VI are No. 106–461). which shall not be included in the instru- cumulative; that is, that each transfer of a H.R. 4318: A bill to establish the Red River ment of ratification to be signed by the sentenced person under this Convention shall National Wildlife Refuge (Rept. No. 106–462). President: require the concurrence of the sentencing By Mr. MURKOWSKI, from the Committee SUPREMACY OF THE CONSTITUTION.—Nothing state, the receiving state, and the prisoner, on Energy and Natural Resources, without in this Treaty requires or authorizes legisla- and that in the circumstances specified in amendment: tion or other action by the United States of Article V, paragraph 3, the approval of the H.R. 4579: A bill to provide for the ex- America that is prohibited by the Constitu- state or province concerned shall also be re- change of certain lands within the State of tion of the United States as interpreted by quired. Utah (Rept. No. 106–463). the United States. (b) The advice and consent of the Senate is By Mr. CAMPBELL, from the Committee subject to the following conditions, which on Indian Affairs, without amendment: Treaty Doc. 106–43 Protocol Amending the are binding upon the President but not re- H.R. 1460: A bill to amend the Ysleta del 1950 Consular Convention with Ireland (Exec. quired to be included in the instrument of Sur Pueblo and Alabama and Coushatta In- Report No. 106–20) ratification of the Convention:

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9605

(1) DECLARATION.—The Senate affirms the tional Armed Forces in Europe, approved by (b) PROVISO.—The resolution of ratification applicability to all treaties of the constitu- the Senate on May 14, 1997. is subject to the following proviso, which tionally based principles of treaty interpre- (b) PROVISO.—The resolution of ratification shall not be included in the instrument of tation set forth in Condition (1) of the reso- is subject to the following proviso, which ratification to be signed by the President: lution of ratification of the INF Treaty, ap- shall not be included in the instrument of SUPREMACY OF THE CONSTITUTION.—Nothing proved by the Senate on May 27, 1988, and ratification to be signed by the President: in this Treaty requires or authorizes legisla- Condition (8) of the resolution of ratification SUPREMACY OF THE CONSTITUTION.—Nothing tion or other action by the United States of of the Document Agreed Among the States in this Treaty requires or authorizes legisla- America that is prohibited by the Constitu- Parties to the Treaty on Conventional tion or other action by the United States of tion of the United States as interpreted by Armed Forces in Europe, approved by the America that is prohibited by the Constitu- the United States. Senate on May 14, 1997 tion of the United States as interpreted by (2) PROVISO.—Nothing in this Treaty re- the United States. Treaty Doc. 106–44 Treaty With Panama on quires or authorizes legislation or other ac- Return of Vehicles and Aircraft (Exec. Re- tion by the United States of America that is Treaty Doc. 106–7 Treaty With Dominican port No. 106–22) prohibited by the Constitution of the United Republic for the Return of Stolen or Embez- zled Vehicles (Exec. Report No. 106–22) TEXT OF COMMITTEE RECOMMENDED States as interpreted by the United States. RESOLUTION OF ADVICE AND CONSENT Treaty Doc. 105–54 Treaty With Belize for TEXT OF COMMITTEE RECOMMENDED Resolved, (two thirds of the Senators present the Return of Stolen Vehicles (Exec. Report RESOLUTION OF ADVICE AND CONSENT concurring therein), That the Senate advise No. 106–22) Resolved, (two thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Treaty TEXT OF COMMITTEE RECOMMENDED Between the Government of the United RESOLUTION OF ADVICE AND CONSENT and consent to the ratification of the Treaty Between the Government of the United States of America and the Government of Resolved, (two thirds of the Senators present States of America and the Government of the Republic of Panama for the Return of concurring therein), That the Senate advise the Dominican Republic for the Return of Stolen, Robbed, or Converted Vehicles and and consent to the ratification of the Treaty Stolen or Embezzled Vehicles, with Annexes, Aircraft, with Annexes, signed at Panama on Between the Government of the United signed at Santo Domingo on April 30, 1996 June 6, 2000, and a related exchange of notes States of America and the Government of (Treaty Doc. 106–7), subject to the declara- of July 25, 2000 (Treaty Doc. 106–44), subject Belize for the Return of Stolen Vehicles, tion of subsection (a) and the proviso of sub- to the declaration of subsection (a) and the with Annexes and Protocol, signed at section (b). proviso of subsection (b). Belmopan on October 3, 1996 (Treaty Doc. (a) DECLARATION.—The Senate’s advice and (a) DECLARATION.—The Senate’s advice and 105–54), subject to the declaration of sub- consent is subject to the following declara- consent is subject to the following declara- section (a) and the proviso of subsection (b). tion, which shall be binding upon the Presi- tion, which shall be binding upon the Presi- (a) DECLARATION.—The Senate’s advice and dent: dent: consent is subject to the following declara- Treaty Interpretation.—The Senate affirms TREATY INTERPRETATION.—The Senate af- tion, which shall be binding upon the Presi- the applicability to all treaties of the con- firms the applicability to all treaties of the dent: stitutionally based principles of treaty inter- constitutionally based principles of treaty TREATY INTERPRETATION.—The Senate af- pretation set forth in Condition (1) of the interpretation set forth in Condition (1) of firms the applicability to all treaties of the resolution of ratification of the INF Treaty, the resolution of ratification of the INF constitutionally based principles of treaty approved by the Senate on May 27, 1988, and Treaty, approved by the Senate on May 27, interpretation set forth in Condition (1) of Condition (8) of the resolution of ratification 1988, and Condition (8) of the resolution of the resolution of ratification of the INF of the Document Agreed Among the States ratification of the Document Agreed Among Treaty, approved by the Senate on May 27, Parties to the Treaty on Conventional the States Parties to the Treaty on Conven- 1988, and Condition (8) of the resolution of Armed Forces in Europe, approved by the tional Armed Forces in Europe, approved by ratification of the Document Agreed Among Senate on May 14, 1997. the Senate on May 14, 1997. the States Parties to the Treaty on Conven- (b) PROVISO.—The resolution of ratification (b) PROVISO.—The resolution of ratification tional Armed Forces in Europe, approved by is subject to the following proviso, which is subject to the following provisio, which the Senate on May 14, 1997. shall not be included in the instrument of shall not be included in the instrument of (b) PROVISO.—The resolution of ratification ratification to be signed by the President: ratification to be signed by the President: is subject to the following proviso, which SUPREMACY OF THE CONSTITUTION.—Nothing SUPREMACY OF THE CONSTITUTION.—Nothing shall not be included in the instrument of in this Treaty requires or authorizes legisla- in this Treaty requires or authorizes legisla- ratification to be signed by the President: tion or other action by the United States of tion or other action by the United States of SUMMARY OF THE CONSTITUTION.—Nothing America that is prohibited by the Constitu- America that is prohibited by the Constitu- in this Treaty requires or authorizes legisla- tion of the United States as interpreted by tion of the United States as interpreted by tion or other action by the United States of the United States. the United States. America that is prohibited by the Constitu- f tion of the United States as interpreted by Treaty Doc. 105–58 Treaty With Guatemala the United States. for the Return of Stolen or Robbed, Embez- INTRODUCTION OF BILLS AND zled or Appropriated Vehicles and Aircraft JOINT RESOLUTIONS Treaty Doc. 106–40 Treaty With Costa Rica (Exec. Report No. 106–22) The following bills and joint resolu- on Return of Vehicles and Aircraft (Exec. TEXT OF COMMITTEE RECOMMENDED tions were introduced, read the first Report No. 106–22) RESOLUTION OF ADVICE AND CONSENT and second times by unanimous con- TEXT OF COMMITTEE RECOMMENDED Resolved, (two thirds of the Senators present RESOLUTION OF ADVICE AND CONSENT concurring therein), That the Senate advise sent, and referred as indicated: Resolved, two thirds of the Senators present and consent to the ratification of the Treaty By Ms. SNOWE: concurring therein), That the Senate advise Between the Government of the United S. 3141. A bill to amend title XVIII of the and consent to the ratification of the Treaty States of America and the Government of Social Security Act to provide for coverage Between the Government of the United the Republic of Guatemala for the Return of under the Medicare Program of annual States of America and the Government of Stolen, Robbed, Embezzled or Appropriated screening pap smear and screening pelvic the Republic of Costa Rica for the Return of Vehicles and Aircraft, with Annexes and a exams; to the Committee on Finance. Stolen, Robbed, Embezzled or Appropriated Related Exchange of Notes, signed at Guate- By Mr. WARNER: Vehicles and Aircraft, with Annexes and a mala City on October 6, 1997 (Treaty Doc. S. 3142. A bill to expand the boundary of related exchange of notes, signed at San Jose 105–58), subject to the declaration of sub- the George Washington Birthplace National on July 2, 1999 (Treaty Doc. 106–40), subject section (a) and the proviso of subsection (b). Monument, and for other purposes; to the to the declaration of subsection (a) and the (a) DECLARATION.—The Senate’s advice and Committee on Energy and Natural Re- proviso of subsection (b). consent is subject to the following declara- sources. (a) DECLARATION.—The Senate’s advice and tion, which shall be binding upon the Presi- By Mr. SESSIONS (for himself, Mr. consent is subject to the following declara- dent: JEFFORDS, Mr. BROWNBACK, Ms. COL- tion, which shall be binding upon the Presi- Treaty Interpretation.—The Senate affirms LINS, Mr. HUTCHINSON, and Mr. STE- dent: the applicability to all treaties of the con- VENS): TREATY INTERPRETATION.—The Senate af- stitutionally based principles of treaty inter- S. 3143. A bill to improve the integrity of firms the applicability to all treaties of the pretation set forth in Condition (1) of the the Federal student loan programs under constitutionally based principles of treaty resolution of ratification of the INF Treaty, title IV of the Higher Education Act of 1965 interpretation set forth in Condition (1) of approved by the Senate on May 27, 1988, and with respect to students at foreign institu- the resolution of ratification of the INF Condition (8) of the resolution of ratification tions; to the Committee on Health, Edu- Treaty, approved by the Senate on May 27, of the Document Agreed Among the States cation, Labor, and Pensions. 1988, and Condition (8) of the resolution of Parties to the Treaty on Conventional By Mr. THOMPSON: ratification of the Document Agreed Among Armed Forces in Europe, approved by the S. 3144. An original bill to amend the In- the States Parties to the Treaty on Conven- Senate on May 14, 1997. spector General Act of 1978 (5 U.S.C. App.) to

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9606 CONGRESSIONAL RECORD — SENATE October 2, 2000 establish police powers for certain Inspector Monument Boundary Adjustment Act of I have come to realize that we have a General agents engaged in official duties and 2000’’. very large student loan program, and provide an oversight mechanism for the exer- (b) BOUNDARY OF GEORGE WASHINGTON there are some problems with it. Today BIRTHPLACE NATIONAL MONUMENT.—The cise of those powers; from the Committee on I am offering legislation to create a 12- Governmental Affairs; placed on the cal- boundary of the George Washington Birth- endar. place National Monument (hereinafter re- month fraud control pilot program to By Mr. BREAUX: ferred to as the ‘‘monument’’) is modified to reduce the incidence of fraud in the S. 3145. A bill to amend the Internal Rev- include the area comprising approximately Federal Family Education Loan Pro- enue Code of 1986 to clarify the treatment 115 acres, as generally depicted on the map gram and other programs under title under the tax-exempt bond rules of prepay- entitled ‘‘George Washington Birthplace Na- IV. ments for certain commodities; to the Com- tional Monument Boundary Map Westmore- In recent years, there have been a mittee on Finance. land County Virginia’’, numbered 332/80,011B, number of cases of so-called students and dated July 2000. The map shall be on file By Mr. CAMPBELL: falsely claiming they are attending for- S. 3146. A bill to preserve the sovereignty and available for inspection in the appro- of the United States over public lands and priate offices of the National Park Service, eign schools, directing that their stu- acquired lands owned by the United States, Department of the Interior. dent loan checks be paid directly to and to preserve State sovereignty and pri- (c) ACQUISITION OF LANDS.—The Secretary them and not to the school, and then vate property rights in non-Federal lands of the Interior may acquire land or interests taking the money and spending it on surrounding those public lands and acquired in land described in subsection (b) by dona- themselves and not attending the for- lands; read the first time. tion, purchase from willing sellers with do- eign school. This fraud has been docu- By Mr. ROBB (for himself, Mr. SAR- nated or appropriated funds, or exchange. (d) ADMINISTRATION OF LANDS.—Lands mented with many examples listed in a BANES, Ms. MIKULSKI, Mr. WARNER, added to the monument pursuant to sub- 1997 Department of Education inspec- Mr. LEVIN, Mr. DEWINE, and Mr. JEF- section (b) shall be administered by the Sec- tor general’s report. FORDS): S. 3147. A bill to authorize the establish- retary of the Interior as part of the monu- In addition, the report contains rec- ment, on land of the Department of the Inte- ment in accordance with the laws and regu- ommendations on tightening controls rior in the District of Columbia or its envi- lations applicable hereto. for the program. Too often these re- rons, of a memorial and gardens in honor and By Mr. SESSIONS (for himself, ports are dry, detailed, and com- commemoration of Frederick Douglass; to plicated. Nobody in this body even Mr. JEFFORDS, Mr. BROWNBACK, the Committee on Energy and Natural Re- reads them, much less acts on them. Ms. COLLINS, Mr. HUTCHINSON, sources. Certainly, I doubt the President, who and Mr. STEVENS): By Mr. DODD (for himself and Mr. KEN- says he wants to increase foreign stu- NEDY): S. 3143. A bill to improve the integ- S. 3148. A bill to provide children with bet- rity of the Federal student loan pro- dent loans, has read the report. We cer- ter access to books and other reading mate- grams under title IV of the Higher Edu- tainly have not seen any request from rials and resources from birth to adulthood, cation Act of 1965 with respect to stu- the administration to improve this. I including opportunities to own books; to the dents at foreign institutions; to the believe we can and should do it in Con- Committee on Health, Education, Labor, and Committee on Health, Education, gress. Pensions. Labor, and Pensions. It is time, I believe, for this Congress f to close the loopholes which allow FEDERAL STUDENT LOAN PROGRAMS STATEMENTS ON INTRODUCED IMPROVEMENTS ACT these phantom students to defraud the BILLS AND JOINT RESOLUTIONS Mr. SESSIONS. Mr. President, I am Government. concerned that we as a Congress have On April 19, 2000, President Clinton By Mr. WARNER: and Secretary of Education Riley de- S. 3142. A bill to expand the boundary not been effective enough in oversight; that is, looking at the Federal agencies clared that international education is a of the George Washington Birthplace priority with them. They want to en- National Monument, and for other pur- and Departments of this Government to make sure they are operating effec- courage more students to study abroad. poses; to the Committee on Energy and In fact, the President issued a memo- Natural Resources. tively. We ooh and ah and make complaints randum to the heads of executive de- GEORGE WASHINGTON BIRTHPLACE NATIONAL and express concern, but we do not partments and agencies stating that MONUMENT often follow through. I know fun- the United States is committed to pro- Mr. WARNER. Mr. President, today, I damentally it is the responsibility of moting study abroad by U.S. students. am introducing legislation to expand the administration to run the execu- He stated: the boundary of the George Wash- tive branch, but Congress does fund The Secretaries of State and Education ington Birthplace National Monument that branch and has every right to in- shall support the efforts of schools and col- in Westmoreland County, Virginia by sist that branch does its duty effec- leges to improve access to high-quality allowing the U.S. Park Service to ac- tively, expeditiously, and economically international educational experiences by in- quire portions of the surrounding prop- creasing the number and diversity of stu- with minimum waste, fraud, and abuse. dents who study and intern abroad, encour- erty from willing sellers. Previously, I had the pleasure about a year ago on September 28, 2000, I offered S. 3132 aging students and institutions to choose to have a conversation with a wonder- nontraditional study-abroad locations, and to allow the Park Service to acquire ful lady, Melanie DeMayo, who used to helping under-represented United States in- one acre of property adjacent to the work with Senator Proxmire and was stitutions offer and promote study-abroad park. The bill I introduce today will involved in his ‘‘Golden Fleece Award’’ opportunities for their students. allow the Park Service to acquire 115 presentations. She convinced me I Study abroad can be a wonderful ex- acres from willing sellers, including could play a role in helping to make perience for a student, and I do not op- the one acre referenced in S. 3132. I sure, when a dollar is extracted from a pose some form of student loan aid to urge my colleagues to support the pres- hard-working American citizen and is students who want to take advantage ervation of George Washington’s birth- brought to this Senate, this Govern- of that. It can be an extraordinarily en- place. I ask unanimous consent that ment, to be spent, that it is spent wise- riching experience. We do need to en- the full text of the bill be printed in ly and not wasted or abused or ineffec- sure that the program involves study the RECORD. tively utilized to carry out whatever and not a European vacation at the ex- There being no objection, the bill was worthwhile program was intended. I pense of hard-working American tax- ordered to be printed in the RECORD, as appreciate her insight and help in payers for whom a visit to the ball follows: thinking this through. park is often beyond their budget. S. 3142 I have developed what I call Integrity This new initiative by the adminis- Be it enacted by the Senate and House of Rep- Watch. I spent a number of years as a tration will increase the risk of fraud resentatives of the United States of America in Federal prosecutor. I believe we can do unless we institute sound controls im- Congress assembled, a better job of maintaining integrity in mediately. I am not referring to U.S. SECTION 1. GEORGE WASHINGTON BIRTHPLACE this Government. When we are spend- universities that have foreign pro- NATIONAL MONUMENT BOUNDARIES ADJUSTED. ing $1.7 trillion a year, it is incumbent grams or cooperative programs with (a) SHORT TITLE.—This Act may be cited as upon us to make sure there is oversight foreign universities. I am talking about the ‘‘George Washington Birthplace National over these programs. mainly the unsupervised foreign-based

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9607 institutions. Some of these institutions students attending 91 foreign medical My legislation will require the Sec- have already been criticized by General schools. Frankly, I am not sure there retary of Education to initiate a 12- Accounting Office studies. Often these are 91 medical schools out there in this month fraud control pilot program in- marginal schools are the very schools world, outside the United States, for volving guaranty agencies—those are the so-called students use in their which we ought to be funding edu- the people who put up the loan money fraud scam. Their fraud is committed cation. If somebody comes to this guaranteed by the Federal Govern- when they state they are registering in country expecting to be a doctor, we ment—lenders, and a representative these schools and then simply pocket need to know they have met certain group of foreign schools to reduce the the money with no one the wiser. quality education standards. But, at incidence of fraud in the student loan Since 1995, there have been 25 felony any rate, that is what we hear. program. I believe the Secretary should convictions of students who fraudu- In applying its standards, the Depart- look into a number of solutions. lently claimed they were attending a ment of Education relies exclusively on Maybe the guaranty agencies should foreign school, and then they just information submitted by those foreign confirm that the student is enrolled in cashed their Government loan check schools as to their viability. Enforce- the foreign school before the loan is ac- and simply did not attend class. In the ment and oversight problems at the tually disbursed. After the money has United States, the check is made out Department still abound. Who is to say been disbursed to the student, maybe to the school and the student, but with how many students have fraudulently the guaranty agencies should confirm regard to foreign schools, the check is applied for loans? There isn’t a report that the student remains registered. made out simply to the students. These on that. Those are unknown unknowns, The Secretary should also determine are only the students who were caught as they say in management. We cannot whether it would be advantageous to doing their fraudulent activity. I have measure what we do not know. require a loan check to be endorsed by no doubt there are many more who Most likely, the greatest abuse of the both the student and the foreign insti- system occurs when the student, for have not been apprehended. That is tution. I am inclined to think it is. But various reasons, just pockets the why we ought to take action. We must we shall see. Maybe this evaluation pe- money and never goes to class. Under prevent cases such as this one. riod can help us determine that. Mr. Conrad Cortez claimed to be such the present system, who will know? We The question then becomes, Why are a student, and he applied for student do know that the system is broken. we paying for students to go to foreign loans. In March of 2000, he admitted to This legislation is one step toward fix- schools? These are American tax- ing it. charges of submitting 19 fraudulent payers’ dollars flowing to foreign Another abuse occurs when a foreign economies where the standards of edu- student loan applications over a 3-year school is actually paid the tuition but cation may not be as high as ours. I period. He pled guilty before a U.S. dis- does not insist that the student attend have checked with the higher edu- trict court judge to numerous accounts class and provides no real education to cation systems in my State. They cer- of mail fraud, bank fraud, and Social the student. I guess a foreign school tainly are not at full capacity and cer- Security account number fraud in the could simply be glad to get the Amer- tainly can handle more students. State of Massachusetts. The prosecutor ican money, the American check, and Perhaps there should be some limit told the court in that case that Cortez at that point it is up to the student on the number of years of study was responsible for dozens of other whether or not he or she actually at- abroad. How many? Five? Six? Seven? loans filed outside Massachusetts—in tends class or learns anything. I think Is that limited today? No, it is not. Florida and Texas. we need to have the Department of Maybe we ought to limit the number of The absolute disregard for the Amer- Education look into that and make years that the taxpayers will fund for- ican taxpayers was epitomized by Con- sure students are actually attending eign education. Today there is no rad Cortez. Mr. Cortez was living high class and not taking a European vaca- limit. Students can complete their en- at the expense of American taxpayers tion. tire education abroad, supported by the and in violation of law by filing false Mr. Cortez demonstrated a perfect taxpayers, sometimes not in good insti- documents to receive loan money from example of why this program is high tutions. Perhaps the quality of the in- the Government. risk. There simply is not enough over- stitution should be verified, among During the period from 1996 through sight. Currently, the methodology for other things. But this will not be an 1999, he bought gifts for his friends, in- approving and releasing student loan issue raised by our legislation today. cluding jewelry and cars, paid for pri- funds is vulnerable. Current law states Our legislation will simply go to the vate tennis lessons, made a downpay- that the student may request a check question of whether or not we can im- ment on a house, sent some money be issued directly to him or her, when prove the way we guard against actual back to his native Colombia, ate in the claiming they are attending a foreign fraud in these loans. It will begin the best restaurants, and even paid restitu- school, and a check will be sent di- process of erasing the fraudulent be- tion for a previous charge of defrauding rectly to them, without the require- havior of ‘‘students’’ claiming they are the Government, and he did this all ment of a cosignature by the school. attending foreign schools and then with the American taxpayers’ money. The Office of Inspector General at pocketing the money for their personal Mr. Cortez’ fraud only ended when he the Department of Education identified lifestyle. was turned in by his sister’s boyfriend, weaknesses and deficiencies in the fol- So I introduce this legislation today who claimed that Mr. Cortez had used lowing areas of the foreign school at- and hope my colleagues will quickly his identity to obtain additional loans. tendance programs: Verification of en- support such a measure as this because In fact, Mr. Cortez was about to help rollment, the disbursement process, I believe it will reduce the fraud that himself to $800,000 that you and I pay the determination of the borrowers’ has been plainly demonstrated in a in income taxes. He had filed 37 false eligibility, standards of administrative critical report by the Office of Inspec- claims in all, spending the money as and financial capability on the part of tor General of the U.S. Department of fast as it came in to him. the foreign school, and general over- Education. The inspector general’s office of the sight of foreign schools. In the course of working on this, I Department of Education, with the The same Office of Inspector General would like to express my appreciation FBI, and the attorney general’s office report—that is the Department of Edu- to a number of people who have played in Boston combined forces to appre- cation’s own inspector general’s office an important role in this. I thank the hend him before he could get all the within that Department—stated that cosponsors of this legislation, includ- money that was coming to him the number of students claiming to at- ing Senator JEFFORDS, who chairs the through those false loans. He did, how- tend foreign schools and applying for Health, Education, Labor, and Pen- ever, pocket about $300,000 before he loans increased each academic year sions Committee; Senator TIM HUTCH- was caught. from 1993 to 1997 and went from 4,594 INSON of Arkansas, who is here, who This is not an isolated case. In 1994, students to 10,715 students. Later fig- has been a supporter and has had a the General Accounting Office found ures show the number continues to in- great interest in this as a cosponsor; that the Department of Education had crease. Indeed, in 1998–1999 there were along with Senators BROWNBACK and approved student loans to hundreds of 12,000 foreign loans. COLLINS.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9608 CONGRESSIONAL RECORD — SENATE October 2, 2000 I also express my appreciation to cated for equal voting rights for Afri- pre-school, children can recognize spe- Scott Giles of Senator JEFFORDS’s of- can Americans. Frederick Douglass cific books, can understand how to fice; to Melanie DeMayo, who has done spent over 20 years living in the Ana- handle them, and can listen to stories such a tremendous job helping us iden- costia region of Washington, D.C. and for in books. The National Research tify and research this problem; and An- it is appropriate that we dedicate the Council’s 1998 landmark study, ‘‘Pre- thony Leigh of my staff, who is with National Memorial and Gardens to his venting Reading Difficulties in Young me now, who has helped me work on memory in the community where he Children,’’ makes clear that to become this. lived. As companion legislation gains good readers, children need to learn We believe this is perhaps not a momentum in the House, it is impor- letters and sounds, they need to learn glamorous issue but an important tant that we pledge our support to this to read for meaning, and they must issue, an important step we can take to worthy endeavor. practice reading with many types of eliminate plain fraud that is clearly books to gain the speed and fluency occurring around this country to a sub- Mr. DODD (for himself and Mr. that makes reading rewarding. stantial degree, defrauding the tax- KENNEDY): We know that children who live in payers of the money they have sent to S. 3148. A bill to provide children print-rich environments and are read Washington. with better access to books and other to in their early years are much more Mr. President, I thank the Chair and reading materials and resources from likely to learn to read on schedule. yield the floor. birth to adulthood, including opportu- However, parents of children living in The PRESIDING OFFICER. The Sen- nities to own books; to the Committee poverty often lack the resources to buy ator from Arkansas. on Health, Education, Labor, and Pen- books, rarely have easy access to chil- Mr. HUTCHINSON. Mr. President, I sions. dren’s books, and may face reading dif- commend the distinguished Senator ACCESS TO BOOKS FOR CHILDREN ACT ficulties of their own. For many fami- from Alabama for his work in this Mr. DODD. Mr. President, I rise lies, where the choice is between buy- area. I am glad I am cosponsoring the today to offer a bill to enhance our ef- ing books to read at home and buying bill. Senator SESSIONS has been one of forts to provide children with opportu- food or clothes, federal programs that the tireless leaders in education and in nities to develop literacy skills and a support book donations and literacy rooting out fraud and abuse in the De- love of reading through access to and can change lives. partment of Education. ownership of books. I am pleased to be This legislation creates what I call I also mention, with Senator SES- joined in this effort by Senator JEF- the Access to Books for Children pro- SIONS’ help on the Education Com- FORDS, Senator KENNEDY, and Senator gram (or ABC). It provides children mittee, we recently sent a bill out that MURRAY. with better access to books and re- I sponsored on the Senate side, that This bill would continue the good sources from birth to adulthood, in- passed the House of Representatives, work of the Inexpensive Book Distribu- cluding opportunities to own books. which would require a fraud audit of tion program which we know as Read- The success of the Inexpensive Book the Department of Education be per- ing is Fundamental (RIF), and would Distribution Program is well-known. formed by the General Accounting Of- authorize two new programs to support This program has enabled Reading Is fice within 6 months. public/private partnerships with the Fundamental, Inc. (RIF) to put books While the Senator is dealing with one mission of making books and reading in the hands and homes of America’s specific area of fraud that is very seri- an integral part of childhood and of neediest and most at-risk children. RIF ous, for which this legislation needs to providing books to children who may is the nation’s largest children’s and be enacted, there are other examples of have no books of their own. Books family literacy organization. Through fraud, mismanagement, and abuse opened a new world for me as a child a contract with the U.S. Department of within the Department of Education and I want to make sure that all chil- Education, RIF provides federal match- that have come to light in recent days. dren have that same opportunity. ing funds to thousands of school and We are hopeful that legislation can Books are almost magical in their community based organizations that move before this session ends. It is power. They inspire children to dream, sponsor local RIF projects. Some ironic that there are those who want to imagine infinite possibilities and ul- 240,000 parents, educators, care givers, the Department of Education to have timately to work to make some of and community volunteers run RIF even more power, such as in the hiring those possibilities real. But for too programs at more than 16,500 sites that of 100,000 teachers or in school con- many children, the power of books is reach out to serve 3.5 million kids na- struction projects, when it is clearly a unrealized because of their own inabil- tionwide. This bill would continue the troubled agency that has had a real ity to read and because of limited ac- good work of the Inexpensive Book Dis- problem in even having a clean audit of cess to books in their homes and com- tribution Program and increase the au- their books. munities. In 1998, 38 percent of fourth thorization for this program to $25 mil- So I commend the Senator heartily graders in America ranked below the lion. and appreciate the work he is doing. basic level of reading according to the This legislation also supports two National Assessment of Educational new public/private partnerships to By Mr. ROBB (for himself, Mr. Progress. Sixty-four percent of African reach children with books and literacy SARBANES, Ms. MIKULSKI, Mr. American and 60 percent of Hispanic services. The Local Partnerships for WARNER, Mr. LEVIN, Mr. American fourth graders read below Books programs is funded not to sup- DEWINE, and Mr. JEFFORDS): the basic level of reading. port a new literacy project, but to sup- S. 3147. A bill to authorize the estab- These children are at high risk of port the ones that already exist with lishment, on land of the Department of never learning to read at an advanced low cost or donated books. The pro- the Interior in the District of Columbia level. When children do not learn to gram would support local partnerships or its environs, of a memorial and gar- read in the early years of elementary that link with grassroots organizations dens in honor and commemoration of school, it is virtually impossible to to provide them with low-cost or do- Frederick Douglass; to the Committee catch up in later years. Research shows nated books for at-risk, low income on Energy and Natural Resources. that if a child cannot read well by children. Local Partnerships for Books FREDERICK DOUGLASS MEMORIAL third grade, the prospect of later suc- is organized around the principle that Mr. ROBB. Mr. President, I rise to in- cess is significantly diminished. Sev- the private sector should be a major troduce legislation to authorize a me- enty-five percent of students who score player in this effort to put books in the morial and gardens in honor and com- below grade level in reading in third hands of our Nation’s children through memoration of Frederick Douglass. grade will be behind grade level in high donations and partnerships. Frederick Douglass was a renowned ab- school. This legislation would also support olitionist and civil rights leader. As a But the foundation on which literacy Partnerships for Infants and Young powerful orator, Douglass spoke out is built, begins much earlier. Reading Children—a program that makes early against slavery. As an advisor to Presi- to babies teaches them the rhythms literacy part of pediatric primary care. dent Abraham Lincoln, Douglass advo- and sounds of language. As early as This program would support linking

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9609 literacy and a healthy childhood. Vis- secondary school age, including those in toring, and family literacy programs reach- its to a pediatrician are a regular part family literacy programs; ing disadvantaged children; of early childhood and offer an excel- ‘‘(2) provide that funds made available to ‘‘(2) provide that funds made available to lent opportunity to empower parents subcontractors will be used only to pay the subcontractors will be used only to pay the Federal share of the cost of such programs; Federal share of the cost of such programs; to build the foundations for literacy. ‘‘(3) provide that in selecting subcontrac- ‘‘(3) provide that the contractor, working This initiative is modeled on Reach tors for initial funding, the contractor will in cooperation with the local partnerships, Out and Read (ROR) which utilizes a give priority to programs that will serve a will give priority to those tutoring, men- comprehensive approach—including substantial number or percentage of children toring, and family literacy programs that volunteer readers in waiting rooms, with special needs, such as— serve children and families with special physician training in literacy, and pro- ‘‘(A) low-income children, particularly in needs, predominantly those children from viding each child with an age appro- high-poverty areas; economically disadvantaged families and priate book during each visit—to sup- ‘‘(B) children at risk of school failure; those children and families without access to ‘‘(C) children with disabilities; libraries; port parents in developing literacy in ‘‘(D) foster children; ‘‘(4) provide that the contractor will annu- their children. An evaluation of this ‘‘(E) homeless children; ally report to the Secretary regarding the program found that parents are ten ‘‘(F) migrant children; number of books distributed, the number of times more likely to read to their chil- ‘‘(G) children without access to libraries; local partnerships created and supported, the dren if they received a book from their ‘‘(H) institutionalized or incarcerated chil- number of community tutoring, mentoring, pediatrician. dren; and and family literacy programs receiving Mr. President, this legislation is just ‘‘(I) children whose parents are institu- books for children, and the number of chil- one piece of the larger puzzle we must tionalized or incarcerated; dren provided with books; and ‘‘(4) provide that the contractor will pro- ‘‘(5) include such other terms and condi- confront as we struggle to improve our vide such technical assistance to subcontrac- tions as the Secretary determines to be ap- children’s literacy skills—but it is a tors as may be necessary to carry out the propriate to ensure the effectiveness of the piece that cannot be overlooked. To purpose of this section; program. learn to read, kids need books to read; ‘‘(5) provide that the contractor will annu- ‘‘(c) RESTRICTION ON PAYMENTS.—The Sec- it is as simple as that. This legislation ally report to the Secretary the number of, retary shall require the contractor to ensure will harness the energies and commit- and describe, programs funded under para- that the discounts provided by publishers graph (3); and and distributors for the new books purchased ment of volunteers, corporate America, under this section is at least as favorable as local literacy programs, doctors and ‘‘(6) include such other terms and condi- tions as the Secretary determines to be ap- discounts that are customarily given by such teachers to make books, and book own- propriate to ensure the effectiveness of such publishers or distributors for book purchases ership, a reality for every child. programs. made under similar circumstances in the ab- I ask unanimous consent that the bill ‘‘(c) RESTRICTION ON PAYMENTS.—The Sec- sence of Federal assistance. and an endorsement be printed in the retary shall make no payment of the Federal ‘‘(d) DEFINITION OF FEDERAL SHARE.—For the purpose of this section, the term ‘Federal RECORD. share of the cost of acquiring and distrib- uting books under any contract under this share’ means, with respect to the cost of pur- There being no objection, the mate- chasing books under this section, 50 percent rial was ordered to be printed in the section unless the Secretary determines that the contractor or subcontractor, as the case of the cost to the contractor, except that the RECORD, as follows: may be, has made arrangements with book Federal share for programs serving children S. 3148 publishers or distributors to obtain books at of migrant or seasonal farmworkers shall be 100 percent of such costs to the contractor. Be it enacted by the Senate and House of Rep- discounts at least as favorable as discounts ‘‘(e) MATCHING REQUIREMENT.—The con- resentatives of the United States of America in that are customarily given by such publisher tractor shall provide for programs under this or distributor for book purchases made under Congress assembled, section, either directly or through private similar circumstances in the absence of Fed- SECTION 1. SHORT TITLE. contributions, in cash or in-kind, non-Fed- eral assistance. This Act may be cited as the ‘‘Access to eral matching funds equal to not less than 50 ‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For Books for Children Act’’ or the ‘‘ABC Act’’. percent of the amount provided to the con- the purpose of this section, the term ‘Federal tractor under this section. SEC. 2. AMENDMENT TO THE ELEMENTARY AND share’ means, with respect to the cost to a SECONDARY EDUCATION ACT OF ‘‘(f) AUTHORIZATION OF APPROPRIATION.— 1965. subcontractor of purchasing books to be paid For the purpose of carrying out this section, Part E of title X of the Elementary and under this section, 75 percent of such costs to there are authorized to be appropriated Secondary Education Act of 1965 (20 U.S.C. the subcontractor, except that the Federal $10,000,000 for the fiscal year 2001 and such 8131 et seq.) is amended to read as follows: share for programs serving children of mi- sums as may be necessary for each of the 4 grant or seasonal farmworkers shall be 100 succeeding fiscal years. ‘‘PART E—ACCESS TO BOOKS FOR percent of such costs to the subcontractor. ‘‘Subpart 3—Partnerships for Infants and CHILDREN (ABC) ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Young Children ‘‘SEC. 10500. PURPOSE. For the purpose of carrying out this section, ‘‘It is the purpose of this part to provide there are authorized to be appropriated ‘‘SEC. 10521. PARTNERSHIPS FOR INFANTS AND children with better access to books and $25,000,000 for fiscal year 2001 and such sums YOUNG CHILDREN. ‘‘(a) PROGRAMS AUTHORIZED.—The Sec- other reading materials and resources from as may be necessary for each of the four suc- retary is authorized to enter into a contract birth to adulthood, including opportunities ceeding fiscal years. with a national organization (referred to in to own books. ‘‘Subpart 2—Local Partnerships for Books this section as the ‘contractor’) to support ‘‘Subpart 1—Inexpensive Book Distribution ‘‘SEC. 10511. LOCAL PARTNERSHIPS FOR BOOKS. and promote programs that— Program ‘‘(a) AUTHORIZATION.—The Secretary is au- ‘‘(1) include the distribution of free books ‘‘SEC. 10501. INEXPENSIVE BOOK DISTRIBUTION thorized to enter into a contract with a na- to children 5 years of age and younger, in- PROGRAM FOR READING MOTIVA- tional organization (referred to in this sec- cluding providing guidance from pediatric TION. tion as the ‘contractor’) to support and pro- clinicians to parents and guardians with re- ‘‘(a) AUTHORIZATION.—The Secretary is au- mote programs that— spect to reading aloud with their young chil- thorized to enter into a contract with Read- ‘‘(1) pay the Federal share of the cost of dren; and ing is Fundamental (RIF) (hereafter in this distributing at no cost new books to dis- ‘‘(2) help build the reading readiness skills section referred to as ‘the contractor’) to advantaged children and families primarily the children need to learn to read once the support and promote programs, which in- through tutoring, mentoring, and family lit- children enter school. clude the distribution of inexpensive books eracy programs; and ‘‘(b) REQUIREMENTS OF CONTRACT.—Any to students, that motivate children to read. ‘‘(2) promote the growth and strengthening contract entered into under subsection (a) ‘‘(b) REQUIREMENTS OF CONTRACT.—Any of local partnerships with the goal of shall— contract entered into under subsection (a) leveraging the Federal book distribution ef- ‘‘(1) provide that the contractor will enter shall— forts and building upon the work of commu- into subcontracts with local private non- ‘‘(1) provide that the contractor will enter nity programs to enhance reading motiva- profit groups or organizations or with public into subcontracts with local private non- tion for at-risk children. agencies under which each subcontractor profit groups or organizations, or with public ‘‘(b) REQUIREMENTS OF CONTRACT.—Any will agree to establish, operate, and provide agencies, under which each subcontractor contract entered into under subsection (a) the non-Federal share of the cost of reading will agree to establish, operate, and provide shall— motivation programs that include the dis- the non-Federal share of the cost of reading ‘‘(1) provide that the contractor will pro- tribution of books by gift, to the extent fea- motivation programs that include the dis- vide technical support and initial resources sible, or loan to children from birth through tribution of books, by gift, to the extent fea- to local partnerships to support efforts to 5 years of age, including those children in sible, or loan, to children from birth through provide new books to those tutoring, men- family literacy programs;

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9610 CONGRESSIONAL RECORD — SENATE October 2, 2000 ‘‘(2) provide that funds made available to may be necessary in each of the 4 succeeding leges and universities to use a portion subcontractors will be used only to pay the fiscal years.’’. of their Work-Study funds to support Federal share of the cost of such programs; college students who serve as literacy ‘‘(3) provide that in selecting subcontrac- REACH OUT AND READ tutors. Institutions of higher education tors for initial funding under this section, NATIONAL CENTER, the contractor will give priority to programs Boston, MA, June 23, 2000. across Massachusetts are already cre- that will serve a substantial number or per- Hon. EDWARD M. KENNEDY, ating strong relationships with their centage of children with special needs, such U.S. Senate, surrounding communities, and partici- as— Washington, DC. pation in this initiative enhances those ‘‘(A) low-income children, particularly DEAR SENATOR KENNEDY: I enthusiastically relationships. Today, over 1,400 col- low-income children in high-poverty areas; welcome the ‘‘Access to Books for Children leges and universities are committed ‘‘(B) children with disabilities; Act’’ that you, along with Senators JEF- to the President’s ‘‘America Reads FORDS and DODD, are introducing before the ‘‘(C) foster children; Work Study Program,’’ and 74 of these ‘‘(D) homeless children; U.S. Senate in the coming days. ‘‘(E) migrant children; In my years as a pediatrician, I have wit- institutions are in Massachusetts. ‘‘(F) children without access to libraries; nessed the wide-ranging impact of poverty The Reading Excellence Act was en- ‘‘(G) children without adequate medical in- on thousands of families, particularly as it acted in 1999 to provide competitive surance; and relates to the healthy development of chil- reading and literacy grants to states. ‘‘(H) children enrolled in a State medicaid dren. One particularly troublesome mani- States that receive funding then award program under title XIX of the Social Secu- festation of poverty is the barrier that it competitive subgrants to school dis- rity Act; erects to having books in the home. tricts to support local reading improve- ‘‘(4) provide that the contractor will pro- We know that early brain development re- quires environmental stimulation, and we ment programs. The lowest-achieving vide such technical assistance to subcontrac- and poorest schools will benefit the tors as may be necessary to carry out this also know that book sharing assures the lan- section; guage stimulation essential for neuronal most. The program will help children ‘‘(5) provide that the contractor will annu- complexity and maturation. None of this will learn to read in their early childhood ally report to the Secretary on the effective- happen without books nearby—books in the years and through the 3rd grade using ness of the national program and the effec- home. effective classroom instruction, high- tiveness of the local programs funded under Making sure that all children have the op- quality family literacy programs, and this section, including a description of the portunity to grow up with books requires the early literacy intervention for children national program and of each of the local participation of all professionals that care for young children. Through the more than who have reading difficulties. Massa- programs; and chusetts is one of 17 states to receive ‘‘(6) include such other terms and condi- 740 Reach Out and Read sites across the tions as the Secretary determines to be ap- country, we are mobilizing the pediatric funding under this competitive pro- propriate to ensure the effectiveness of such community to do our part in meeting this gram. programs. challenge. We are delighted by the prospect In addition to good instruction, chil- ‘‘(c) RESTRICTION ON PAYMENTS.—The Sec- of support for our efforts through this legis- dren need to have reading materials retary shall make no payment of the Federal lation. outside of school—and even before they share of the cost of acquiring and distrib- I thank you for the leadership you con- start school. They also need adults to tinue to show in supporting parents in their uting books under any contract under this read with them, so that they can de- section unless the Secretary determines that efforts to help their children grow up healthy. We look forward to helping in any velop a love of reading early in life. the contractor or subcontractor, as the case The ABC Act authorizes three pro- may be, has made arrangements with book way we can. publishers or distributors to obtain books at Sincerely, grams to provide children from birth discounts at least as favorable as discounts BARRY ZUCKERMAN, MD, through high school age with low-cost that are customarily given by such publisher Chairman. or no-cost books. The programs com- or distributor for book purchases made under Mr. KENNEDY. Mr. President, I am plement one another by reaching dif- similar circumstances in the absence of Fed- proud to be a co-sponsor of the Access ferent communities through different eral assistance. to Books for Children Act, the ‘‘ABC’’ means, so that every child can have a ‘‘(d) DEFINITION OF FEDERAL SHARE.—In Act. I commend Senator JEFFORDS, book to read. this section with respect to the cost to a sub- Senator DODD, and Senator MURRAY for The act reauthorizes $25 million for contractor of purchasing books to be paid under this section, the term ‘Federal share’ their leadership on this legislation. the successful Reading Is Fundamental means 50 percent of such costs to the subcon- Many successful programs are help- Program, which distributes books to tractor, except that the Federal share for ing children learn to read well. But too school-age children. This program has programs serving children of migrant or sea- often, the best programs are not avail- been especially effective in Massachu- sonal farmworkers shall be 100 percent of able to all children. As a result, large setts. It is helping over 45,000 children such costs to the subcontractor. numbers of children are denied the op- at 70 sites across the state obtain ac- ‘‘(e) MATCHING REQUIREMENT.—The con- portunity to learn to read well. 40 per- cess to books. As a teacher from tractor shall provide for programs under this cent of 4th grade students do not reach section, either directly or through private Methuen said, ‘‘RIF continues to excite contributions, in cash or in-kind, non-Fed- the basic reading level, and 70 percent our students by providing them with eral matching funds equal to not less than 50 of 4th graders are not proficient in books they can call their own, exposing percent of the amount provided to the con- reading. them to a variety of literature, and of- tractor under this section. Children who fail to acquire basic fering these children worlds unknown.’’ ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— reading skills early in life are at a dis- Founded in 1966, Reading Is Funda- For the purpose of carrying out this section, advantage throughout their education mental serves more than 3.5 million there are authorized to be appropriated and later careers. They are more likely children annually at 17,000 sites in all $10,000,000 for fiscal year 2001 and such sums to drop out of school, and to be unem- 50 states, the District of Columbia, and as may be necessary for each of the 4 suc- ceeding fiscal years. ployed. This important grant will help U.S. territories. Over two-thirds of the many more children learn to read children served have economic or ‘‘Subpart 4—Evaluation well—and learn to read well early—so learning needs that put them at risk of ‘‘SEC. 10531. EVALUATION. that they have a greater chance for failing to achieve basic educational ‘‘(a) IN GENERAL.—The Secretary shall an- nually conduct an evaluation of— successful lives and careers. goals. By the end of 2000, it will have ‘‘(1) programs carried out under this part The programs authorized in the ABC placed 200 million books in the hands to assess the effectiveness of such programs Act complement the work already and homes of America’s children. in meeting the purpose of this part and the under way in Massachusetts and other The act also authorizes $10 million goals of each subpart; and states under the Reading Excellence for the Secretary of Education to ‘‘(2) the effectiveness of local literacy pro- Act and under the America Reads pro- award grants to organizations that pro- grams conducted under this part that link gram. In 1996, President Clinton and vide low-cost or no-cost books for local children with book ownership and mentoring the First Lady initiated a new effort to tutoring, mentoring, and family lit- in literacy. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— achieve greater national progress on eracy programs. Programs such as For purposes of carrying out this section, child literacy by proposing their First Book have been very successful in there is authorized to be appropriated ‘‘America Read Challenge.’’ This encouraging reading. In 1998, First $500,000 for fiscal year 2001, and such sums as worthwhile initiative encourages col- Book was able to distribute more than

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9611 2.4 million new books to children living But for too many children, it becomes provided essential leadership to promote the below the poverty line throughout the a senseless obstacle to the future. Chil- education of children across the country and United States. First book originally dren need and deserve programs like have also directly supported First Book, committed to distribute two million Reading Is Fundamental, First Book, most notably through the First Book Na- tional Book Bank initiative launched last new books to children over 3 years and and Reach Out and Read. None of us June on the grounds of the Capital. add 100 additional First Book commu- should rest until every child across the In closing, I would like to share a quote nities. Through the extraordinary ef- nation has the opportunity to own a from a letter I received this morning from an forts of its Local Advisory Boards and book, enjoy a book, and read a book. Even Start teacher who incorporates First national partners, First Book has met The nation’s future depends on it. Book books into home visits in which she and far exceeded its book distribution Mr. President, I ask unanimous con- teaches low-income parents how to read with pledge of 2 million books, and has met sent that additional material be print- their children. ‘‘It has been very rewarding its expansion goals. We should con- ed in the RECORD. to be able to give the books to the children at the home visits. Before First Book, we tinue to support programs like First There being no objection, the mate- rial was ordered to be printed in the took a book to share with the family and Book that involve businesses and com- then had to take the book away with us. munity resources in programs to help RECORD, as follows: Many times there were screams of protest ensure that all children have access to FIRST BOOK, from young children. [After First Book] we books. Washington, DC, June 29, 2000. find that the families are thrilled with the The ABC Act also authorizes $10 mil- Hon. PATTY MURRAY, books and look forward to receiving them.’’ lion for the Secretary of Education to U.S. Senate, Russell Senate Office Building, Simply put, it shouldn’t take ‘‘screams of Washington, DC. award grants to the organizations that protest’’ from young children to remind us of DEAR SENATOR MURRAY: On behalf of First what we need to do. Thankfully, you and the provide free books to children under Book’s Board of Directors, national volun- other co-sponsors are aware of the many age 5 in pediatric clinics. Programs teer network, and the children and families challenges facing these young children and like Reach Out and Read in Boston are we serve, I congratulate you and the other you have developed a thoughtful and effec- shining examples of how to provide co-sponsors of The Access to Books for Chil- tive plan to meet their needs and strengthen children with access to books and dren Act. This legislation will change the on-going efforts at the community level. The prereading skills through health check- lives of millions of low-income children by Access to Books for Children Act will pro- providing these children with personal li- ups with their pediatricians. vide millions of new books to low-income braries of their very own. Yours is a piece of children lacking books of their own. I look For the past 10 years, through pri- legislation whose time has come. vate funding, Reach Out and Read has forward to working with you to bring the As you know, First Book is a national non- magic of book ownership to these many chil- been helping young children ages 0–5 profit organization with a single mission: to dren still waiting for our help. get the early reading skills they need provide an ongoing supply of free, new books Sincerely, to economically disadvantaged children and to become successful readers. Reach KYLE ZIMMER, Out and Read currently serves 930,000 families participating in community-based President. children in 556 local sites in 48 states. tutoring, mentoring, and family literacy pro- grams nationwide, as well as those children f Evaluations of the program show that without access to libraries. Through our ADDITIONAL COSPONSORS Reach Out and Read increases parents’ Local Advisory Board network, First Book understanding of reading and their at- effectively promotes the growth and S. 61 titude towards reading—especially to strengthening of local partnerships with the At the request of Mr. DEWINE, the their children. Parents are ten times goal of leveraging federal book distribution name of the Senator from Maine (Ms. more likely to read to their children if efforts and building upon the work of exist- COLLINS) was added as a cosponsor of S. they have received a book from a pedi- ing community programs designed to en- 61, a bill to amend the Tariff Act of atrician. Children’s brain activity is hance reading motivation for at-risk chil- 1930 to eliminate disincentives to fair dren. stimulated by reading, enhancing their First Book Local Advisory Boards develop trade conditions. intellectual and language development. these local partnerships by identifying local S. 198 In addition, the program is cost-effec- resources and securing donations to meet the At the request of Mrs. BOXER, the tive—on average, the cost is only $5 per needs of community-based literacy programs name of the Senator from Washington child. serving low-income children by providing (Mrs. MURRAY) was added as a cospon- Holyoke Reach Out and Read is run them with access to free books. I look for- sor of S. 198, a bill to amend the Public ward to working with the Secretary to sup- by Holyoke Pediatric Associates, a Health Service Act to provide for the large medical practice serving 30,000 port and promote these local programs in order to consistently reach the children who training of health professions students clients from Holyoke and surrounding need our help the most. with respect to the identification and communities in Massachusetts. Sixty First Book is deeply grateful, Senator referral of victims of domestic vio- percent of the clients are low-income Murray, for your continual support of our lence. mission as well as your commitment to the or medicaid eligible families. The pro- S. 459 gram distributed over 3,000 books to education of all children. Since we began our work together in 1997, First Book Local Ad- At the request of Mr. BREAUX, the children in 1999. name of the Senator from Kansas (Mr. It may seem unusual to talk about visory Boards in Washington state have dis- tributed more than 250,000 new books to BROWNBACK) was added as a cosponsor literacy in a hospital, but it makes per- 48,000 children in 250 local programs. I am of S. 459, a bill to amend the Internal fect sense. To see that children learn to also proud to announce that there are cur- Revenue Code of 1986 to increase the read, everyone needs to lend a hand. rently 15 Local Advisory Boards leveraging State ceiling on private activity bonds. Physicians can be a major part of being the power of community-based partnerships S. 662 of the effort. They can help children in your home state. As you know, First Book and parents understand that reading is active nationally in hundreds of commu- At the request of Ms. SNOWE, the will enhance the well-being of every nities providing millions of new books to names of the Senator from Illinois (Mr. child, just as milk and vitamins do. A hundreds of thousands of disadvantaged chil- FITZGERALD) and the Senator from dren. Because of your efforts, the ABC Act Montana (Mr. BURNS) were added as co- good book may turn out to be the most will enable First Book to build upon this important thing a doctor prescribes for sponsors of S. 662, a bill to amend title great success in Washington state and across XIX of the Social Security Act to pro- a child. the country. Reach Out and Read is making it pos- I also salute the co-sponsors of the ABC vide medical assistance for certain sible for many more young children to Act. Senators James Jeffords, Edward Ken- women screened and found to have have access to books and take the first nedy, and Chris Dodd have each strongly breast or cervical cancer under a feder- steps toward learning to read and to- supported First Book at both the national ally funded screening program. ward becoming good readers in their and local levels in our constant efforts to S. 670 reach additional children. Through their own At the request of Mr. JEFFORDS, the early years. It is bringing books and volunteer efforts working with low-income the love of reading to many new chil- children, Senators Jeffords, Kennedy, and name of the Senator from Illinois (Mr. dren every day. Dodd have served as inspiring examples in FITZGERALD) was added as a cosponsor Reading is the foundation of learning Washington, D.C. and nationally. In the of S. 670, a bill to amend the Internal and the golden door to opportunity. same way, you and your co-sponsors have Revenue Code of 1986 to provide that

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9612 CONGRESSIONAL RECORD — SENATE October 2, 2000 the exclusion from gross income for CLELAND) was added as a cosponsor of eral contractor responsibility, to re- foster care payments shall also apply S. 2601, a bill to amend the Internal quire the Comptroller General to con- to payments by qualifying placement Revenue Code of 1986 to exclude from duct a review of Federal contractor agencies, and for other purposes. the gross income of an employee any compliance with applicable laws, and S. 786 employer provided home computer and for other purposes. At the request of Ms. MIKULSKI, the Internet access. S. 3012 name of the Senator from Washington S. 2698 At the request of Mr. LEAHY, the (Mrs. MURRAY) was added as a cospon- At the request of Mr. MOYNIHAN, the name of the Senator from Maryland sor of S. 786, a bill to amend title II of names of the Senator from Hawaii (Mr. (Ms. MIKULSKI) was added as a cospon- the Social Security Act to provide that AKAKA) and the Senator from Con- sor of S. 3012, a bill to amend title 18, a monthly insurance benefit there- necticut (Mr. DODD) were added as co- United States Code, to impose criminal under shall be paid for the month in sponsors of S. 2698, a bill to amend the and civil penalties for false statements which the recipient dies, subject to a Internal Revenue Code of 1986 to pro- and failure to file reports concerning reduction of 50 percent if the recipient vide an incentive to ensure that all defects in foreign motor vehicle prod- dies during the first 15 days of such Americans gain timely and equitable ucts, and to require the timely provi- month, and for other purposes. access to the Internet over current and sion of notice of such defects, and for S. 1322 future generations of broadband capa- other purposes. At the request of Mr. DASCHLE, the bility. S. 3020 name of the Senator from Massachu- S. 2718 At the request of Mr. GRAMS, the setts (Mr. KERRY) was added as a co- At the request of Mrs. MURRAY, her name of the Senator from Alabama sponsor of S. 1322, a bill to prohibit name was added as a cosponsor of S. (Mr. SESSIONS) was added as a cospon- health insurance and employment dis- 2718, a bill to amend the Internal Rev- sor of S. 3020, a bill to require the Fed- crimination against individuals and enue Code of 1986 to provide incentives eral Communications Commission to their family members on the basis of to introduce new technologies to re- revise its regulations authorizing the predictive genetic information or ge- duce energy consumption in buildings. operation of new, low-power FM radio netic services. stations. S. 2725 S. 1510 S. 3088 At the request of Mr. ROBB, his name At the request of Mr. MCCAIN, the At the request of Mr. LEVIN, the was added as a cosponsor of S. 2725, a name of the Senator from Georgia (Mr. name of the Senator from Michigan bill to provide for a system of sanc- CLELAND) was added as a cosponsor of (Mr. ABRAHAM) was added as a cospon- tuaries for chimpanzees that have been S. 1510, a bill to revise the laws of the sor of S. 3088, a bill to require the Sec- designated as being no longer needed in United States appertaining to United retary of Health and Human Services research conducted or supported by the States cruise vessels, and for other pur- to promulgate regulations regarding Public Health Service, and for other poses. allowable costs under the medicaid purposes. S. 1536 program for school based services pro- At the request of Mr. SMITH of New vided to children with disabilities. At the request of Mr. DEWINE, the Hampshire, the name of the Senator names of the Senator from South Caro- S. 3089 from Massachusetts (Mr. KERRY) was lina (Mr. HOLLINGS), the Senator from added as a cosponsor of S. 2725, supra. At the request of Mr. HAGEL, the West Virginia (Mr. ROCKEFELLER), and names of the Senator from Virginia S. 2841 the Senator from Nebraska (Mr. (Mr. WARNER) and the Senator from At the request of Mr. ROBB, the name HAGEL) were added as cosponsors of S. Missouri (Mr. ASHCROFT) were added as 1536, a bill to amend the Older Ameri- of the Senator from North Dakota (Mr. cosponsors of S. 3089, a bill to authorize cans Act of 1965 to extend authoriza- CONRAD) was added as a cosponsor of S. the design and construction of a tem- tions of appropriations for programs 2841, a bill to ensure that the business porary education center at the Viet- under the Act, to modernize programs of the Federal Government is con- nam Veterans Memorial ducted in the public interest and in a and services for older individuals, and S. 3101 manner that provides for public ac- for other purposes. At the request of Mr. ASHCROFT, the countability, efficient delivery of serv- S. 2390 names of the Senator from Vermont ices, reasonable cost savings, and pre- At the request of Mr. HATCH, the (Mr. JEFFORDS) and the Senator from vention of unwarranted Government name of the Senator from Texas (Mrs. New Mexico (Mr. BINGAMAN) were expenses, and for other purposes. HUTCHISON) was added as a cosponsor of added as cosponsors of S. 3101, a bill to S. 2390, a bill to establish a grant pro- S. 2953 amend the Internal Revenue Code of gram that provides incentives for At the request of Mr. TORRICELLI, the 1986 to allow as a deduction in deter- States to enact mandatory minimum name of the Senator from Georgia (Mr. mining adjusted gross income the de- sentences for certain firearms offenses, MILLER) was added as a cosponsor of S. duction for expenses in connection and for other purposes. 2953, a bill to amend title 38, United with services as a member of a reserve S. 2505 States Code, to improve outreach pro- component of the Armed Forces of the At the request of Mr. JEFFORDS, the grams carried out by the Department United States. name of the Senator from South Caro- of Veterans Affairs to provide for more S. 3105 lina (Mr. HOLLINGS) was added as a co- fully informing veterans of benefits At the request of Mr. BREAUX, the sponsor of S. 2505, a bill to amend title available to them under laws adminis- name of the Senator from Arkansas XVIII of the Social Security Act to tered by the Secretary of Veterans Af- (Mrs. LINCOLN) was added as a cospon- provide increased assess to health care fairs. sor of S. 3105, a bill to amend the Inter- for medical beneficiaries through tele- S. 2954 nal Revenue Code of 1986 to clarify the medicine. At the request of Mr. HOLLINGS, the allowance of the child credit, the de- S. 2591 name of the Senator from Hawaii (Mr. duction for personal exemptions, and At the request of Mr. JEFFORDS, the INOUYE) was added as a cosponsor of S. the earned income credit in the case of name of the Senator from Utah (Mr. 2954, a bill to establish the Dr. Nancy missing children, and for other pur- BENNETT) was added as a cosponsor of Foster Marine Biology Scholarship poses. S. 2591, a bill to amend the Internal Program. S. 3115 Revenue Code of 1986 to allow tax cred- S. 2986 At the request of Mr. SARBANES, the its for alternative fuel vehicles and re- At the request of Mr. HUTCHINSON, name of the Senator from West Vir- tail sale of alternative fuels, and for the names of the Senator from Kansas ginia (Mr. ROCKEFELLER) was added as other purposes. (Mr. BROWNBACK) and the Senator from a cosponsor of S. 3115, a bill to extend S. 2601 Colorado (Mr. ALLARD) were added as the term of the Chesapeake and Ohio At the request of Mr. ASHCROFT, the cosponsors of S. 2986, a bill to limit the Canal National Historic Park Commis- name of the Senator from Georgia (Mr. issuance of regulations relating to Fed- sion.

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S. 3137 striking ‘‘December 31, 2000’’ and inserting study of the utility and feasibility of various At the request of Mr. GRAMS, his ‘‘December 31, 2002’’. options for improving the management and name was added as a cosponsor of S. SEC. 502. ROLE OF DIRECTOR OF CENTRAL IN- organization of measurement and signature 3137, a bill to establish a commission to TELLIGENCE IN EXPERIMENTAL intelligence, including— PERSONNEL PROGRAM FOR CER- (1) the option of establishing a centralized commemorate the 250th anniversary of TAIN SCIENTIFIC AND TECHNICAL tasking, processing, exploitation, and dis- the birth of James Madison. PERSONNEL. semination facility for measurement and sig- At the request of Mr. SESSIONS, the If the Director of Central Intelligence re- nature intelligence; name of the Senator from Oklahoma quests that the Secretary of Defense exercise (2) options for recapitalizing and reconfig- (Mr. NICKLES) was added as a cosponsor any authority available to the Secretary uring the current systems for measurement of S. 3137, supra. under section 1101(b) of the Strom Thurmond and signature intelligence; and National Defense Authorization Act for Fis- (3) the operation and maintenance costs of S. CON. RES. 111 cal Year 1999 (Public Law 105–261; 5 U.S.C. the various options. At the request of Mr. NICKLES, the 3104 note) to carry out a program of special (b) REPORT.—Not later than April 1, 2001, names of the Senator from New Jersey personnel management authority at the Na- the Director and the Secretary shall jointly (Mr. TORRICELLI) and the Senator from tional Imagery and Mapping Agency and the submit to the appropriate committees of Kentucky (Mr. MCCONNELL) were added National Security Agency in order to facili- Congress a report on their findings as a re- as cosponsors of S. Con. Res. 111, a con- tate recruitment of eminent experts in sult of the study required by subsection (a). science and engineering at such agencies, the The report shall set forth any recommenda- current resolution expressing the sense Secretary shall respond to such request not of the Congress regarding ensuring a tions that the Director and the Secretary later than 30 days after the date of such re- consider appropriate. competitive North American market quest. (c) APPROPRIATE COMMITTEES OF CONGRESS for softwood lumber. SEC. 503. PROHIBITION ON TRANSFER OF IM- DEFINED.—In this section, the term ‘‘appro- S. CON. RES. 140 AGERY ANALYSTS FROM GENERAL priate committees of Congress’’ means the DEFENSE INTELLIGENCE PROGRAM At the request of Mr. LOTT, the name following: TO NATIONAL IMAGERY AND MAP- (1) The Committee on Armed Services and of the Senator from Delaware (Mr. PING AGENCY PROGRAM. the Select Committee on Intelligence of the ROTH) was added as a cosponsor of S. (a) PROHIBITION ON USE OF FUNDS FOR Senate. TRANSFER.—No funds authorized to be appro- Con. Res. 140, a concurrent resolution (2) The Committee on Armed Services and priated by this Act may be transferred from expressing the sense of Congress re- the Permanent Select Committee on Intel- the General Defense Intelligence Program to garding high-level visits by Taiwanese ligence of the House of Representatives. officials to the United States. the National Imagery and Mapping Agency Program for purposes of transferring im- S. RES. 292 agery analysis personnel from the General SPECTER AMENDMENT NO. 4281 At the request of Mr. CLELAND, the Defense Intelligence Program to the Na- Mr. LOTT (for Mr. SPECTER) proposed names of the Senator from Nebraska tional Imagery and Mapping Agency Pro- an amendment to the bill (S. 2507) (Mr. KERREY), the Senator from Wis- gram. supra; as follows: (b) ROLE OF DIRECTOR OF NIMA AS FUNC- consin (Mr. KOHL), the Senator from At the end of the bill, add the following: Michigan (Mr. LEVIN), the Senator TIONAL MANAGER FOR IMAGERY AND GEOSPACIAL PROGRAMS.—(1) The Secretary of TITLE VI—COUNTERINTELLIGENCE from New York (Mr. MOYNIHAN), and Defense shall, in consultation with the Di- MATTERS the Senator from New York (Mr. SCHU- rector of Central Intelligence, review options SEC. 601. SHORT TITLE. MER) were added as cosponsors of S. for strengthening the role of the Director of This title may be cited as the ‘‘Counter- Res. 292, a resolution recognizing the the National Imagery and Mapping Agency intelligence Reform Act of 2000’’. 20th century as the ‘‘Century of Women as the functional manager for United States SEC. 602. ORDERS FOR ELECTRONIC SURVEIL- in the United States.’’ imagery and geospacial programs. LANCE UNDER THE FOREIGN INTEL- S. RES. 359 (2) Not later than March 15, 2001, the Sec- LIGENCE SURVEILLANCE ACT OF retary shall submit to the appropriate com- 1978. At the request of Mr. SCHUMER, the mittees of Congress a report on the review (a) REQUIREMENTS REGARDING CERTAIN AP- names of the Senator from Maine (Ms. required by subsection (b). The report shall PLICATIONS.—Section 104 of the Foreign In- COLLINS) and the Senator from Hawaii include any recommendations regarding telligence Surveillance Act of 1978 (50 U.S.C. (Mr. AKAKA) were added as cosponsors modifications in the role and duties of the 1804) is amended by adding at the end the fol- of S. Res. 359, a resolution designating Director of the National Imagery and Map- lowing new subsection: October 16, 2000, to October 20, 2000 as ping Agency that the Secretary considers ap- ‘‘(e)(1)(A) Upon written request of the Di- ‘‘National Teach For America Week.’’ propriate in light of the review. rector of the Federal Bureau of Investiga- (3) In this subsection, the term ‘‘appro- tion, the Secretary of Defense, the Secretary f priate committees of Congress’’ means the of State, or the Director of Central Intel- AMENDMENTS SUBMITTED following: ligence, the Attorney General shall person- (A) The Committee on Armed Services and ally review under subsection (a) an applica- the Select Committee on Intelligence of the tion under that subsection for a target de- INTELLIGENCE AUTHORIZATION Senate. scribed in section 101(b)(2). ACT FOR FISCAL YEAR 2001 (B) The Committee on Armed Services and ‘‘(B) Except when disabled or otherwise un- the Permanent Select Committee on Intel- available to make a request referred to in ligence of the House of Representatives. subparagraph (A), an official referred to in that subparagraph may not delegate the au- WARNER AMENDMENT NO. 4280 SEC. 504. PROHIBITION ON TRANSFER OF COL- LECTION MANAGEMENT PERSONNEL thority to make a request referred to in that Mr. LOTT (for Mr. WARNER) proposed FROM GENERAL DEFENSE INTEL- subparagraph. an amendment to the bill (S. 2507) to LIGENCE PROGRAM TO COMMUNITY ‘‘(C) Each official referred to in subpara- authorize appropriations for fiscal year MANAGEMENT ACCOUNT. graph (A) with authority to make a request No funds authorized to be appropriated by 2001 for intelligence and intelligence- under that subparagraph shall take appro- this Act may be transferred from the Gen- priate actions in advance to ensure that del- related activities of the United States eral Defense Intelligence Program to the egation of such authority is clearly estab- Government, the Community Manage- Community Management Account for pur- lished in the event such official is disabled or ment Account, and the Central Intel- poses of transferring intelligence collection otherwise unavailable to make such request. ligence Agency Retirement and Dis- management personnel. ‘‘(2)(A) If as a result of a request under ability System, and for other purposes; SEC. 505. AUTHORIZED PERSONNEL CEILING FOR paragraph (1) the Attorney General deter- as follows: GENERAL DEFENSE INTELLIGENCE mines not to approve an application under PROGRAM. the second sentence of subsection (a) for pur- On page 27, strike line 3 and all that fol- The authorized personnel ceiling for the poses of making the application under this lows through page 37, line 3, and insert the General Defense Intelligence Program speci- section, the Attorney General shall provide following: fied in the classified Schedule of Authoriza- written notice of the determination to the TITLE V—DEPARTMENT OF DEFENSE INTEL- tions referred to in section 102 is hereby in- official making the request for the review of LIGENCE ACTIVITIES creased by 2,152 positions. SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY the application under that paragraph. Except TO ENGAGE IN COMMERCIAL AC- SEC. 506. MEASUREMENT AND SIGNATURE INTEL- when disabled or otherwise unavailable to TIVITIES AS SECURITY FOR INTEL- LIGENCE. make a determination under the preceding LIGENCE COLLECTION ACTIVITIES. (a) STUDY OF OPTIONS.—The Director of sentence, the Attorney General may not del- Section 431(a) of title 10, United States Central Intelligence shall, in coordination egate the responsibility to make a deter- Code, is amended in the second sentence by with the Secretary of Defense, conduct a mination under that sentence. The Attorney

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9614 CONGRESSIONAL RECORD — SENATE October 2, 2000 General shall take appropriate actions in ad- when disabled or otherwise unavailable to (A) The Select Committee on Intelligence vance to ensure that delegation of such re- make a determination under the preceding and the Committee on the Judiciary of the sponsibility is clearly established in the sentence, the Attorney General may not del- Senate. event the Attorney General is disabled or egate the responsibility to make a deter- (B) The Permanent Select Committee on otherwise unavailable to make such deter- mination under that sentence. The Attorney Intelligence and the Committee on the Judi- mination. General shall take appropriate actions in ad- ciary of the House of Representatives. ‘‘(B) Notice with respect to an application vance to ensure that delegation of such re- SEC. 605. COORDINATION OF COUNTERINTEL- under subparagraph (A) shall set forth the sponsibility is clearly established in the LIGENCE WITH THE FEDERAL BU- modifications, if any, of the application that event the Attorney General is disabled or REAU OF INVESTIGATION. are necessary in order for the Attorney Gen- otherwise unavailable to make such deter- (a) TREATMENT OF CERTAIN SUBJECTS OF IN- eral to approve the application under the mination. VESTIGATION.—Subsection (c) of section 811 of second sentence of subsection (a) for pur- ‘‘(B) Notice with respect to an application the Intelligence Authorization Act for Fiscal poses of making the application under this under subparagraph (A) shall set forth the Year 1995 (50 U.S.C. 402a) is amended— section. modifications, if any, of the application that (1) in paragraphs (1) and (2), by striking ‘‘(C) Upon review of any modifications of are necessary in order for the Attorney Gen- ‘‘paragraph (3)’’ and inserting ‘‘paragraph an application set forth under subparagraph eral to approve the application under the (5)’’; (B), the official notified of the modifications second sentence of subsection (a) for pur- (2) by redesignating paragraphs (3), (4), (5), under this paragraph shall modify the appli- poses of making the application under this and (6) as paragraphs (5), (6), (7), and (8), re- cation if such official determines that such section. spectively; modification is warranted. Such official ‘‘(C) Upon review of any modifications of (3) by inserting after paragraph (2) the fol- shall supervise the making of any modifica- an application set forth under subparagraph lowing new paragraph (3): tion under this subparagraph. Except when (B), the official notified of the modifications ‘‘(3)(A) The Director of the Federal Bureau disabled or otherwise unavailable to super- under this paragraph shall modify the appli- of Investigation shall submit to the head of vise the making of any modification under cation if such official determines that such the department or agency concerned a writ- the preceding sentence, such official may not modification is warranted. Such official ten assessment of the potential impact of the delegate the responsibility to supervise the shall supervise the making of any modifica- actions of the department or agency on a making of any modification under that pre- tion under this subparagraph. Except when counterintelligence investigation. ceding sentence. Each such official shall disabled or otherwise unavailable to super- ‘‘(B) The head of the department or agency take appropriate actions in advance to en- vise the making of any modification under concerned shall— sure that delegation of such responsibility is the preceding sentence, such official may not ‘‘(i) use an assessment under subparagraph clearly established in the event such official delegate the responsibility to supervise the (A) as an aid in determining whether, and is disabled or otherwise unavailable to super- making of any modification under that pre- under what circumstances, the subject of an vise the making of such modification.’’. ceding sentence. Each such official shall investigation under paragraph (1) should be (b) PROBABLE CAUSE.—Section 105 of that take appropriate actions in advance to en- left in place for investigative purposes; and Act (50 U.S.C. 1805) is amended— sure that delegation of such responsibility is ‘‘(ii) notify in writing the Director of the (1) by redesignating subsections (b), (c), clearly established in the event such official Federal Bureau of Investigation of such de- (d), (e), (f), and (g) as subsections (c), (d), (e), is disabled or otherwise unavailable to super- termination. (f), (g), and (h), respectively; vise the making of such modification.’’. ‘‘(C) The Director of the Federal Bureau of (2) by inserting after subsection (a) the fol- (b) PROBABLE CAUSE.—Section 304 of that Investigation and the head of the depart- lowing new subsection (b): Act (50 U.S.C. 1824) is amended— ment or agency concerned shall continue to ‘‘(b) In determining whether or not prob- (1) by redesignating subsections (b), (c), consult, as appropriate, to review the status able cause exists for purposes of an order (d), and (e) as subsections (c), (d), (e), and (f), of an investigation covered by this para- under subsection (a)(3), a judge may consider respectively; and graph and to reassess, as appropriate, a de- past activities of the target, as well as facts (2) by inserting after subsection (a) the fol- termination of the head of the department or and circumstances relating to current or fu- lowing new subsection (b): agency concerned to leave a subject in place ture activities of the target.’’; and ‘‘(b) In determining whether or not prob- for investigative purposes.’’; and (3) in subsection (d), as redesignated by able cause exists for purposes of an order (4) in paragraph (5), as so redesignated, by paragraph (1), by striking ‘‘subsection (b)(1)’’ under subsection (a)(3), a judge may consider striking ‘‘paragraph (1) or (2)’’ and inserting and inserting ‘‘subsection (c)(1)’’. past activities of the target, as well as facts ‘‘paragraph (1), (2), or (3)’’. SEC. 603. ORDERS FOR PHYSICAL SEARCHES and circumstances relating to current or fu- (b) TIMELY PROVISION OF INFORMATION AND UNDER THE FOREIGN INTEL- ture activities of the target.’’. CONSULTATION ON ESPIONAGE INVESTIGA- LIGENCE SURVEILLANCE ACT OF SEC. 604. DISCLOSURE OF INFORMATION AC- TIONS.—Paragraph (2) of that subsection is 1978. QUIRED UNDER THE FOREIGN IN- further amended— (a) REQUIREMENTS REGARDING CERTAIN AP- TELLIGENCE SURVEILLANCE ACT OF (1) by inserting ‘‘in a timely manner’’ after PLICATIONS.—Section 303 of the Foreign In- 1978 FOR LAW ENFORCEMENT PUR- ‘‘through appropriate channels’’; and telligence Surveillance Act of 1978 (50 U.S.C. POSES. (2) by inserting ‘‘in a timely manner’’ after 1823) is amended by adding at the end the fol- (a) INCLUSION OF INFORMATION ON DISCLO- ‘‘are consulted’’. lowing new subsection: SURE IN SEMIANNUAL OVERSIGHT REPORT.— (c) INTERFERENCE WITH FULL FIELD ESPIO- ‘‘(d)(1)(A) Upon written request of the Di- Section 108(a) of the Foreign Intelligence NAGE INVESTIGATIONS.—That subsection is rector of the Federal Bureau of Investiga- Surveillance Act of 1978 (50 U.S.C. 1808(a)) is further amended by inserting after para- tion, the Secretary of Defense, the Secretary amended— graph (3), as amended by subsection (a) of of State, or the Director of Central Intel- (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and this section, the following new paragraph (4): ligence, the Attorney General shall person- (2) by adding at the end the following new ‘‘(4)(A) The Federal Bureau of Investiga- ally review under subsection (a) an applica- paragraph: tion shall notify appropriate officials within tion under that subsection for a target de- ‘‘(2) Each report under the first sentence of the executive branch, including the head of scribed in section 101(b)(2). paragraph (1) shall include a description of— the department or agency concerned, of the ‘‘(B) Except when disabled or otherwise un- ‘‘(A) each criminal case in which informa- commencement of a full field espionage in- available to make a request referred to in tion acquired under this Act has been passed vestigation with respect to an employee subparagraph (A), an official referred to in for law enforcement purposes during the pe- within the executive branch. that subparagraph may not delegate the au- riod covered by such report; and ‘‘(B)(i) A department or agency may not thority to make a request referred to in that ‘‘(B) each criminal case in which informa- conduct a polygraph examination, interro- subparagraph. tion acquired under this Act has been au- gate, or otherwise take any action that is ‘‘(C) Each official referred to in subpara- thorized for use at trial during such report- likely to alert an employee covered by a no- graph (A) with authority to make a request ing period.’’. tice under subparagraph (A) of an investiga- under that subparagraph shall take appro- (b) REPORT ON MECHANISMS FOR DETER- tion described in that subparagraph without priate actions in advance to ensure that del- MINATIONS OF DISCLOSURE OF INFORMATION prior coordination with the Federal Bureau egation of such authority is clearly estab- FOR LAW ENFORCEMENT PURPOSES.—(1) The of Investigation. lished in the event such official is disabled or Attorney General shall submit to the appro- ‘‘(ii) Any examination, interrogation, or otherwise unavailable to make such request. priate committees of Congress a report on other action taken under clause (i) shall be ‘‘(2)(A) If as a result of a request under the authorities and procedures utilized by taken in consultation with the Federal Bu- paragraph (1) the Attorney General deter- the Department of Justice for determining reau of Investigation.’’. mines not to approve an application under whether or not to disclose information ac- SEC. 606. ENHANCING PROTECTION OF NA- the second sentence of subsection (a) for pur- quired under the Foreign Intelligence Sur- TIONAL SECURITY AT THE DEPART- poses of making the application under this veillance Act of 1978 (50 U.S.C. 1801 et seq.) MENT OF JUSTICE. section, the Attorney General shall provide for law enforcement purposes. (a) AUTHORIZATION FOR INCREASED RE- written notice of the determination to the (2) In this subsection, the term ‘‘appro- SOURCES TO FULFILL NATIONAL SECURITY official making the request for the review of priate committees of Congress’’ means the MISSION OF THE DEPARTMENT OF JUSTICE.— the application under that paragraph. Except following: There are authorized to be appropriated to

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the Department of Justice for the activities ‘‘COORDINATION REQUIREMENTS RELATING TO (1) IN GENERAL.—Not later than 60 days of the Office of Intelligence Policy and Re- THE PROSECUTION OF CASES INVOLVING CLAS- after the date of the enactment of this Act, view to help meet the increased personnel SIFIED INFORMATION the President shall establish the Japanese demands to combat terrorism, process appli- ‘‘SEC. 9A. (a) BRIEFINGS REQUIRED.—The Imperial Army Records Interagency Working cations to the Foreign Intelligence Surveil- Assistant Attorney General for the Criminal Group, which shall remain in existence for 3 lance Court, participate effectively in Division and the appropriate United States years after the date the Interagency Group is counter-espionage investigations, provide Attorney, or the designees of such officials, established. policy analysis on national security issues, shall provide briefings to the senior agency (2) MEMBERSHIP.—The President shall ap- and enhance secure computer and tele- official, or the designee of such official, with point to the Interagency Group individuals communications facilities— respect to any case involving classified infor- whom the President determines will most (1) $7,000,000 for fiscal year 2001; mation that originated in the agency of such completely and effectively carry out the (2) $7,500,000 for fiscal year 2002; and senior agency official. functions of the Interagency Group within (3) $8,000,000 for fiscal year 2003. ‘‘(b) TIMING OF BRIEFINGS.—Briefings under the time limitations provided in this section, (b) AVAILABILITY OF FUNDS.—(1) No funds subsection (a) with respect to a case shall including the Historian of the Department of authorized to be appropriated by subsection occur— State, the Archivist of the United States, (a) for the Office of Intelligence Policy and the head of any other agency the President Review may be obligated or expended until ‘‘(1) as soon as practicable after the De- partment of Justice and the United States considers appropriate, and no more than 3 the later of the dates on which the Attorney other persons. The head of an agency ap- General submits the reports required by Attorney concerned determine that a pros- ecution or potential prosecution could re- pointed by the President may designate an paragraphs (2) and (3). appropriate officer to serve on the Inter- (2)(A) The Attorney General shall submit sult; and agency Group in lieu of the head of such to the committees of Congress specified in ‘‘(2) at such other times thereafter as are agency. subparagraph (B) a report on the manner in necessary to keep the senior agency official (3) INITIAL MEETING.—Not later than 90 which the funds authorized to be appro- concerned fully and currently informed of days after the date of the enactment of this priated by subsection (a) for the Office of In- the status of the prosecution. Act, the Interagency Group shall hold an ini- telligence Policy and Review will be used by ‘‘(c) SENIOR AGENCY OFFICIAL DEFINED.—In tial meeting and begin the functions re- that Office— this section, the term ‘senior agency official’ quired under this section. (i) to improve and strengthen its oversight has the meaning given that term in section 1.1 of Executive Order No. 12958.’’. (c) FUNCTIONS.—Not later than 1 year after of Federal Bureau of Investigation field of- the date of the enactment of this Act, the fices in the implementation of orders under SEC. 608. SEVERABILITY. Interagency Group shall, to the greatest ex- the Foreign Intelligence Surveillance Act of If any provision of this title (including an tent possible consistent with section 603— 1978 (50 U.S.C. 1801 et seq.); and amendment made by this title), or the appli- (1) locate, identify, inventory, recommend (ii) to streamline and increase the effi- cation thereof, to any person or cir- for declassification, and make available to ciency of the application process under that cumstance, is held invalid, the remainder of the public at the National Archives and Act. this title (including the amendments made Records Administration, all classified Japa- (B) The committees of Congress referred to by this title), and the application thereof, to nese Imperial Army records of the United in this subparagraph are the following: other persons or circumstances shall not be States; (i) The Select Committee on Intelligence affected thereby. (2) coordinate with agencies and take such and the Committee on the Judiciary of the actions as necessary to expedite the release Senate. FEINSTEIN AMENDMENT NO. 4282 of such records to the public; and (ii) The Permanent Select Committee on (3) submit a report to Congress, including Intelligence and the Committee on the Judi- Mr. BRYAN (for Mrs. FEINSTEIN) pro- the Committee on Government Reform and ciary of the House of Representatives. posed an amendment to the bill, S. Oversight of the House of Representatives, (3) In addition to the report required by 2507, supra; as follows: paragraph (2), the Attorney General shall the Select Committee on Intelligence of the also submit to the Select Committee on In- On page 37, after line 3, add the following: Senate, the Permanent Select Committee on telligence of the Senate and the Permanent TITLE VI—DISCLOSURE OF INFORMATION Intelligence of the House of Representatives, Select Committee on Intelligence of the ON JAPANESE IMPERIAL ARMY and the Committee on the Judiciary of the Senate, describing all such records, the dis- House of Representatives a report that ad- SEC. 601. SHORT TITLE. position of such records, and the activities of dresses the issues identified in the semi- This title may be cited as the ‘‘Japanese the Interagency Group and agencies under annual report of the Attorney General to Imperial Army Disclosure Act’’. such committees under section 108(a) of the this section. SEC. 602. ESTABLISHMENT OF JAPANESE IMPE- Foreign Intelligence Surveillance Act of 1978 (d) FUNDING.—There is authorized to be ap- RIAL ARMY RECORDS INTERAGENCY propriated such sum as may be necessary to (50 U.S.C. 1808(a)) that was submitted in WORKING GROUP. April 2000, including any corrective actions carry out the provisions of this title. (a) DEFINITIONS.—In this section: SEC. 603. REQUIREMENT OF DISCLOSURE OF with regard to such issues. The report under (1) AGENCY.—The term ‘‘agency’’ has the this paragraph shall be submitted in classi- RECORDS. meaning given such term under section 551 of (a) RELEASE OF RECORDS.—Subject to sub- fied form. title 5, United States Code. (4) Funds made available pursuant to sub- sections (b), (c), and (d), the Japanese Impe- (2) INTERAGENCY GROUP.—The term ‘‘Inter- section (a), in any fiscal year, shall remain rial Army Records Interagency Working agency Group’’ means the Japanese Imperial Group shall release in their entirety Japa- available until expended. Army Records Interagency Working Group (c) REPORT ON COORDINATING NATIONAL SE- nese Imperial Army records. established under subsection (b). (b) EXCEPTION FOR PRIVACY.—An agency CURITY AND INTELLIGENCE FUNCTIONS WITHIN (3) JAPANESE IMPERIAL ARMY RECORDS.— head may exempt from release under sub- THE DEPARTMENT OF JUSTICE.—The Attorney section (a) specific information, that would— General shall report to the Select Com- The term ‘‘Japanese Imperial Army records’’ mittee on Intelligence and the Committee on means classified records or portions of (1) constitute a clearly unwarranted inva- the Judiciary of the Senate and the Perma- records that pertain to any person with re- sion of personal privacy; nent Select Committee on Intelligence and spect to whom the United States Govern- (2) reveal the identity of a confidential the Committee on the Judiciary of the House ment, in its sole discretion, has grounds to human source, or reveal information about of Representatives within 120 days on actions believe ordered, incited, assisted, or other- the application of an intelligence source or that have been or will be taken by the De- wise participated in the experimentation and method, or reveal the identity of a human partment to— persecution of any person because of race, re- intelligence source when the unauthorized (1) promote quick and efficient responses ligion, national origin, or political option, disclosure of that source would clearly and to national security issues; during the period beginning September 18, demonstrably damage the national security (2) centralize a point-of-contact within the 1931, and ending on December 31, 1948, under interests of the United States; Department on national security matters for the direction of, or in association with— (3) reveal information that would assist in external entities and agencies; and (A) the Japanese Imperial Army; the development or use of weapons of mass (3) coordinate the dissemination of intel- (B) any government in any area occupied destruction; ligence information within the appropriate by the military forces of the Japanese Impe- (4) reveal information that would impair components of the Department and the for- rial Army; United States cryptologic systems or activi- mulation of policy on national security (C) any government established with the ties; issues. assistance or cooperation of the Japanese (5) reveal information that would impair Imperial Army; or the application of state-of-the-art tech- SEC. 607. COORDINATION REQUIREMENTS RE- LATING TO THE PROSECUTION OF (D) any government which was an ally of nology within a United States weapon sys- CASES INVOLVING CLASSIFIED IN- the Imperial Army of Japan. tem; FORMATION. (4) RECORD.—The term ‘‘record’’ means a (6) reveal actual United States military The Classified Information Procedures Act Japanese Imperial Army record. war plans that remain in effect; (18 U.S.C. App.) is amended by inserting after (b) ESTABLISHMENT OF INTERAGENCY (7) reveal information that would seriously section 9 the following new section: GROUP.— and demonstrably impair relations between

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9616 CONGRESSIONAL RECORD — SENATE October 2, 2000 the United States and a foreign government, (1) It is in the national interest to estab- (B) one shall be appointed by the Majority or seriously and demonstrably undermine lish an effective, coordinated, and cost-effec- Leader of the Senate; ongoing diplomatic activities of the United tive means by which records on specific sub- (C) one shall be appointed by the Minority States; jects of extraordinary public interest that do Leader of the Senate; (8) reveal information that would clearly, not undermine the national security inter- (D) one shall be appointed by the Speaker and demonstrably impair the current ability ests of the United States may be collected, of the House of Representatives; and of United States Government officials to pro- retained, reviewed, and disseminated to Con- (E) one shall be appointed by the Minority tect the President, Vice President, and other gress, policymakers in the executive branch, Leader of the House of Representatives. officials for whom protection services are au- and the public. (2)(A) Of the members initially appointed thorized in the interest of national security; (2) Ensuring, through such measures, pub- to the Board, three shall be appointed for a (9) reveal information that would seriously lic access to information that does not re- term of four years, three shall be appointed and demonstrably impair current national quire continued protection to maintain the for a term of three years, and three shall be security emergency preparedness plans; or national security interests of the United appointed for a term of two years. (10) violate a treaty or other international States is a key to striking the balance be- (B) Any subsequent appointment to the agreement. tween secrecy essential to national security Board shall be for a term of three years. (c) APPLICATIONS OF EXEMPTIONS.— and the openness that is central to the prop- (3) A vacancy in the Board shall be filled in (1) IN GENERAL.—In applying the exemp- er functioning of the political institutions of the same manner as the original appoint- tions provided in paragraphs (2) through (10) the United States. ment. A member of the Board appointed to of subsection (b), there shall be a presump- SEC. 603. PUBLIC INTEREST DECLASSIFICATION fill a vacancy before the expiration of a term tion that the public interest will be served BOARD. shall serve for the remainder of the term. (4) A member of the Board may be ap- by disclosure and release of the records of (a) ESTABLISHMENT.—There is established pointed to a new term on the Board upon the the Japanese Imperial Army. The exemption within the executive branch of the United expiration of the member’s term on the may be asserted only when the head of the States a board to be known as the ‘‘Public Board, except that no member may serve agency that maintains the records deter- Interest Declassification Board’’ (in this more than three full terms on the Board. mines that disclosure and release would be title referred to as the ‘‘Board’’). (b) PURPOSES.—The purposes of the Board (d) CHAIRPERSON; EXECUTIVE SECRETARY.— harmful to a specific interest identified in (1)(A) The President shall designate one of the exemption. An agency head who makes are as follows: (1) To advise the President, the Assistant the members of the Board as the Chairperson such a determination shall promptly report of the Board. it to the committees of Congress with appro- to the President for National Security Af- fairs, the Director of the Office of Manage- (B) The term of service as Chairperson of priate jurisdiction, including the Committee the Board shall be two years. ment and Budget, and such other executive on the Judiciary and the Select Committee (C) A member serving as Chairperson of the branch officials as the Board considers ap- on Intelligence of the Senate and the Com- Board may be re-designated as Chairperson mittee on Government Reform and Oversight propriate on the systematic, thorough, co- of the Board upon the expiration of the mem- and the Permanent Select Committee on In- ordinated, and comprehensive identification, ber’s term as Chairperson of the Board, ex- telligence of the House of Representatives. collection, review for declassification, and cept that no member shall serve as Chair- release to Congress, interested agencies, and (2) APPLICATION OF TITLE 5.—A determina- person of the Board for more than six years. tion by an agency head to apply an exemp- the public of declassified records and mate- (2) The Director of the Information Secu- tion provided in paragraphs (2) through (9) of rials (including donated historical materials) rity Oversight Office shall serve as the Exec- subsection (b) shall be subject to the same that are of archival value, including records utive Secretary of the Board. standard of review that applies in the case of and materials of extraordinary public inter- (e) MEETINGS.—The Board shall meet as records withheld under section 552(b)(1) of est. needed to accomplish its mission, consistent title 5, United States Code. (2) To promote the fullest possible public with the availability of funds. A majority of (d) LIMITATION ON EXEMPTIONS.— access to a thorough, accurate, and reliable the members of the Board shall constitute a (1) IN GENERAL.—The exemptions set forth documentary record of significant United quorum. in subsection (b) shall constitute the only States national security decisions and sig- (f) STAFF.—Any employee of the Federal grounds pursuant to which an agency head nificant United States national security ac- Government may be detailed to the Board, may exempt records otherwise subject to re- tivities in order to— with the agreement of and without reim- lease under subsection (a). (A) support the oversight and legislative bursement to the detailing agency, and such (2) RECORDS RELATED TO INVESTIGATION OR functions of Congress; detail shall be without interruption or loss PROSECUTIONS.—This section shall not apply (B) support the policymaking role of the of civil, military, or foreign service status or to records— executive branch; privilege. (A) related to or supporting any active or (C) respond to the interest of the public in (g) SECURITY.—(1) The members and staff of inactive investigation, inquiry, or prosecu- national security matters; and the Board shall, as a condition of appoint- tion by the Office of Special Investigations (D) promote reliable historical analysis ment to or employment with the Board, hold of the Department of Justice; or and new avenues of historical study in na- appropriate security clearances for access to (B) solely in the possession, custody, or tional security matters. the classified records and materials to be re- control of the Office of Special Investiga- (3) To provide recommendations to the viewed by the Board or its staff, and shall tions. President for the identification, collection, follow the guidance and practices on security and review for declassification of informa- under applicable Executive Orders and agen- SEC. 604. EXPEDITED PROCESSING OF FOIA RE- cy directives. QUESTS FOR JAPANESE IMPERIAL tion of extraordinary public interest that ARMY RECORDS. does not undermine the national security of (2) The head of an agency shall, as a condi- tion of granting access to a member of the For purposes of expedited processing under the United States, to be undertaken in ac- Board, the Executive Secretary of the Board, section 552(a)(6)(E) of title 5, United States cordance with a declassification program or a member of the staff of the Board to clas- Code, any person who was persecuted in the that has been established or may be estab- sified records or materials of the agency manner described in section 602(a)(3) and who lished by the President by Executive Order. under this title, require the member, the Ex- requests a Japanese Imperial Army record (4) To advise the President, the Assistant ecutive Secretary, or the member of the shall be deemed to have a compelling need to the President for National Security Af- staff, as the case may be, to— for such record. fairs, the Director of the Office of Manage- ment and Budget, and such other executive (A) execute an agreement regarding the se- SEC. 605. EFFECTIVE DATE. branch officials as the Board considers ap- curity of such records or materials that is The provisions of this title shall take ef- propriate on policies deriving from the approved by the head of the agency; and fect on the date that is 90 days after the date issuance by the President of Executive Or- (B) hold an appropriate security clearance of the enactment of this Act. ders regarding the classification and declas- granted or recognized under the standard sification of national security information. procedures and eligibility criteria of the MOYNIHAN AMENDMENT NO. 4283 (c) MEMBERSHIP.—(1) The Board shall be agency, including any special access ap- composed of nine individuals appointed from proval required for access to such records or Mr. BRYAN (for Mr. MOYNIHAN) pro- among citizens of the United States who are materials. posed an amendment to the bill (S. preeminent in the fields of history, national (3) The members of the Board, the Execu- 2507) supra; as follows: security, foreign policy, intelligence policy, tive Secretary of the Board, and the mem- On page 37, after line 3, add the following: social science, law, or archives, including in- bers of the staff of the Board may not use TITLE VI—DECLASSIFICATION OF dividuals who have served in Congress or any information acquired in the course of INFORMATION otherwise in the Federal Government or their official activities on the Board for non- have otherwise engaged in research, scholar- official purposes. SEC. 601. SHORT TITLE. ship, or publication in such fields on matters (4) For purposes of any law or regulation This title may be cited as the ‘‘Public In- relating to the national security of the governing access to classified information terest Declassification Act of 2000’’. United States, of whom— that pertains to the national security of the SEC. 602. FINDINGS. (A) five shall be appointed by the Presi- United States, and subject to any limita- Congress makes the following findings: dent; tions on access arising under section 606(b),

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9617 and to facilitate the advisory functions of fiscal years. Agency briefings and reports head of an agency to classify information or the Board under this title, a member of the shall give particular attention to progress on to continue the classification of information Board seeking access to a record or material the declassification of records and materials previously classified by an agency. under this title shall be deemed for purposes that are of archival value or extraordinary (b) SPECIAL ACCESS PROGRAMS.—Nothing in of this subsection to have a need to know the public interest to the people of the United this title shall be construed to limit the au- contents of the record or material. States. thority of the head of an agency to grant or (h) COMPENSATION.—(1) Each member of the (2)(A) The annual briefing and report under deny access to a special access program. Board shall receive compensation at a rate paragraph (1) for agencies within the Depart- (c) AUTHORITIES OF DIRECTOR OF CENTRAL not to exceed the daily equivalent of the an- ment of Defense, including the military de- INTELLIGENCE.—Nothing in this title shall be nual rate of basic pay payable for positions partments, and the elements of the intel- construed to limit the authorities of the Di- at ES–1 of the Senior Executive Service ligence community shall be provided on a rector of Central Intelligence as the head of under section 5382 of title 5, United States consolidated basis. the intelligence community, including the Code, for each day such member is engaged (B) In this paragraph, the term ‘‘elements Director’s responsibility to protect intel- in the actual performance of duties of the of the intelligence community’’ means the ligence sources and methods from unauthor- Board. elements of the intelligence community ized disclosure as required by section (2) Members of the Board shall be allowed specified or designated under section 3(4) of 103(c)(6) of the National Security Act of 1947 travel expenses, including per diem in lieu of the National Security Act of 1947 (50 U.S.C. (50 U.S.C. 403–3(c)(6)). 401a(4)). subsistence at rates authorized for employ- (d) EXEMPTIONS TO RELEASE OF INFORMA- (b) RECOMMENDATIONS ON AGENCY DECLAS- ees of agencies under subchapter of chapter TION.—Nothing in this title shall be con- SIFICATION PROGRAMS.—(1) Upon reviewing 57 of title 5, United States Code, while away and discussing declassification plans and strued to limit any exemption or exception from their homes or regular places of busi- progress with an agency, the Board shall pro- to the release to the public under this title ness in the performance of the duties of the vide to the head of the agency the written of information that is protected under sec- Board. recommendations of the Board as to how the tion 552(b) of title 5, United States Code (i) GUIDANCE; ANNUAL BUDGET.—(1) On be- agency’s declassification program could be (commonly referred to as the ‘‘Freedom of half of the President, the Assistant to the improved. A copy of each recommendation Information Act’’), or section 552a of title 5, President for National Security Affairs shall shall also be submitted to the Assistant to United States Code (commonly referred to as provide guidance on policy to the Board. the President for National Security Affairs the ‘‘Privacy Act’’). (2) The Executive Secretary of the Board, and the Director of the Office of Manage- (e) WITHHOLDING INFORMATION FROM CON- under the direction of the Chairperson of the ment and Budget. GRESS.—Nothing in this title shall be con- Board and the Board, and acting in consulta- (2) Consistent with the provisions of sec- strued to authorize the withholding of infor- tion with the Archivist of the United States, tion 603(k), the Board’s recommendations to mation from Congress. the Assistant to the President for National the head of an agency under paragraph (1) SEC. 606. STANDARDS AND PROCEDURES. Security Affairs, and the Director of the Of- shall become public 60 days after such rec- (a) LIAISON.—(1) The head of each agency fice of Management and Budget, shall pre- ommendations are sent to the head of the with the authority under an Executive Order pare the annual budget of the Board. agency under that paragraph. to classify information and the head of each (j) SUPPORT.—The Information Security (c) RECOMMENDATIONS ON SPECIAL Federal Presidential library shall designate Oversight Office may support the activities SEARCHES FOR RECORDS OF EXTRAORDINARY an employee of such agency or library, as the of the Board under this title. Such support PUBLIC INTEREST.—(1) The Board shall also case may be, to act as liaison to the Board shall be provided on a reimbursable basis. make recommendations to the President re- for purposes of this title. (k) PUBLIC AVAILABILITY OF RECORDS AND garding proposed initiatives to identify, col- (2) The Board may establish liaison and REPORTS.—(1) The Board shall make avail- lect, and review for declassification classi- otherwise consult with such other historical able for public inspection records of its pro- fied records and materials of extraordinary and advisory committees as the Board con- ceedings and reports prepared in the course public interest. siders appropriate for purposes of this title. of its activities under this title to the extent (2) In making recommendations under (b) LIMITATIONS ON ACCESS.—(1)(A) Except such records and reports are not classified paragraph (1), the Board shall consider the as provided in paragraph (2), if the head of an and would not be exempt from release under following: agency or the head of a Federal Presidential the provisions of section 552 of title 5, United (A) The opinions and requests of Members library determines it necessary to deny or States Code. of Congress, including opinions and requests (2) In making records and reports available restrict access of the Board, or of the agency expressed or embodied in letters or legisla- or library liaison to the Board, to informa- under paragraph (1), the Board shall coordi- tive proposals. nate the release of such records and reports tion contained in a record or material, in (B) The opinions and requests of the Na- whole or in part, the head of the agency or with appropriate officials from agencies with tional Security Council, the Director of Cen- expertise in classified information in order the head of the library, as the case may be, tral Intelligence, and the heads of other shall promptly notify the Board in writing of to ensure that such records and reports do agencies. not inadvertently contain classified informa- such determination. (C) The opinions of United States citizens. (B) Each notice to the Board under sub- tion. (D) The opinions of members of the Board. (l) APPLICABILITY OF CERTAIN ADMINISTRA- paragraph (A) shall include a description of (E) The impact of special searches on sys- the nature of the records or materials, and a TIVE LAWS.—The provisions of the Federal tematic and all other on-going declassifica- Advisory Committee Act (5 U.S.C. App.) justification for the determination, covered tion programs. by such notice. shall not apply to the activities of the Board (F) The costs (including budgetary costs) under this title. However, the records of the (2) In the case of a determination referred and the impact that complying with the rec- to in paragraph (1) with respect to a special Board shall be governed by the provisions of ommendations would have on agency budg- the Federal Records Act of 1950. access program created by the Secretary of ets, programs, and operations. Defense, the Director of Central Intelligence, SEC. 604. IDENTIFICATION, COLLECTION, AND (G) The benefits of the recommendations. REVIEW FOR DECLASSIFICATION OF or the head of any other agency, the notifi- (H) The impact of compliance with the rec- cation of denial of access under paragraph INFORMATION OF ARCHIVAL VALUE ommendations on the national security of OR EXTRAORDINARY PUBLIC INTER- (1), including a description of the nature of the United States. EST. the Board’s request for access, shall be sub- (d) PRESIDENT’S DECLASSIFICATION PRIOR- (a) BRIEFINGS ON AGENCY DECLASSIFICATION mitted to the Assistant to the President for ITIES.—(1) Concurrent with the submission to PROGRAMS.—(1) As requested by the Board, National Security Affairs rather than to the Congress of the budget of the President each or by the Select Committee on Intelligence Board. fiscal year under section 1105 of title 31, of the Senate or the Permanent Select Com- ISCRETION TO DISCLOSE.—At the con- United States Code, the Director of the Of- (c) D mittee on Intelligence of the House of Rep- fice of Management and Budget shall publish clusion of a declassification review, the head resentatives, the head of any agency with a description of the President’s declassifica- of an agency may, in the discretion of the the authority under an Executive Order to tion program and priorities, together with a head of the agency, determine that the classify information shall provide to the listing of the funds requested to implement public’s interest in the disclosure of records Board, the Select Committee on Intelligence that program. or materials of the agency covered by such of the Senate, or the Permanent Select Com- (2) Nothing in this title shall be construed review, and still properly classified, out- mittee on Intelligence of the House of Rep- to substitute or supersede, or establish a weighs the Government’s need to protect resentatives, on an annual basis, a summary funding process for, any declassification pro- such records or materials, and may release briefing and report on such agency’s progress gram that has been established or may be es- such records or materials in accordance with and plans in the declassification of national tablished by the President by Executive the provisions of Executive Order 12958 or security information. Such briefing shall Order. any successor order to such Executive Order. cover the declassification goals set by stat- SEC. 605. PROTECTION OF NATIONAL SECURITY (d) DISCRETION TO PROTECT.—At the con- ute, regulation, or policy, the agency’s INFORMATION AND OTHER INFOR- clusion of a declassification review, the head progress with respect to such goals, and the MATION. of an agency may, in the discretion of the agency’s planned goals and priorities for its (a) IN GENERAL.—Nothing in this title shall head of the agency, determine that the inter- declassification activities over the next two be construed to limit the authority of the est of the agency in the protection of records

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9618 CONGRESSIONAL RECORD — SENATE October 2, 2000 or materials of the agency covered by such SEC. 609. DEFINITIONS. At the end of title III, add the following: review, and still properly classified, out- In this title: SEC. 3ll. DESIGNATION OF DANIEL PATRICK weigh’s the public’s need for access to such (1) AGENCY.—(A) Except as provided in sub- MOYNIHAN PLACE. records or materials, and may deny release paragraph (B), the term ‘‘agency’’ means the (a) FINDINGS.—Congress finds that— of such records or materials in accordance following: (1) during the second half of the twentieth with the provisions of Executive Order 12958 (i) An executive agency, as that term is de- century, Senator Daniel Patrick Moynihan or any successor order to such Executive fined in section 105 of title 5, United States promoted the importance of architecture and Order. Code. urban planning in the Nation’s Capital, par- (e) REPORTS.—(1)(A) Except as provided in (ii) A military department, as that term is ticularly with respect to the portion of paragraph (2), the Board shall annually sub- defined in section 102 of such title. Pennsylvania Avenue between the White mit to the appropriate congressional com- (iii) Any other entity in the executive House and the United States Capitol (re- mittees a report on the activities of the branch that comes into the possession of ferred to in this subsection as the ‘‘Ave- Board under this title, including summary classified information. nue’’); information regarding any denials by the (B) The term does not include the Board. (2) Senator Moynihan has stressed the head of an agency or the head of a Federal (2) CLASSIFIED MATERIAL OR RECORD.—The unique significance of the Avenue as con- Presidential library of access of the Board to terms ‘‘classified material’’ and ‘‘classified ceived by Pierre Charles L’Enfant to be the records or materials under this title. record’’ include any correspondence, memo- ‘‘grand axis’’ of the Nation’s Capital as well (B) In this paragraph, the term ‘‘appro- randum, book, plan, map, drawing, diagram, as a symbolic representation of the separate priate congressional committees’’ means the pictorial or graphic work, photograph, film, yet unified branches of the United States Select Committee on Intelligence and the microfilm, sound recording, videotape, ma- Government; Committee on Governmental Affairs of the chine readable records, and other documen- (3) through his service to the Ad Hoc Com- Senate and the Permanent Select Committee tary material, regardless of physical form or mittee on Federal Office Space (1961–1962), as on Intelligence and the Committee on Gov- characteristics, that has been determined a member of the President’s Council on ernment Reform and Oversight of the House pursuant to Executive Order to require pro- Pennsylvania Avenue (1962–1964), and as vice- of Representatives. tection against unauthorized disclosure in chairman of the President’s Temporary Com- (2) Notwithstanding paragraph (1), notice the interests of the national security of the mission on Pennsylvania Avenue (1965–1969), that the Board has been denied access to United States. and in his various capacities in the executive records and materials, and a justification for (3) DECLASSIFICATION.—The term ‘‘declas- and legislative branches, Senator Moynihan the determination in support of the denial, sification’’ means the process by which has consistently and creatively sought to shall be submitted by the agency denying records or materials that have been classi- fulfill President Kennedy’s recommendation the access as follows: fied are determined no longer to require pro- of June 1, 1962, that the Avenue not become (A) In the case of the denial of access to a tection from unauthorized disclosure to pro- a ‘‘solid phalanx of public and private office special access program created by the Sec- tect the national security of the United buildings which close down completely at retary of Defense, to the Committees on States. night and on weekends,’’ but that it be ‘‘live- Armed Services and Appropriations of the (4) DONATED HISTORICAL MATERIAL.—The ly, friendly, and inviting, as well as dignified Senate and to the Committees on Armed term ‘‘donated historical material’’ means and impressive’’; Services and Appropriations of the House of collections of personal papers donated or (4)(A) Senator Moynihan helped draft a given to a Federal Presidential library or Representatives. Federal architectural policy, known as the other archival repository under a deed of gift (B) In the case of the denial of access to a ‘‘Guiding Principles for Federal Architec- or otherwise. special access program created by the Direc- ture,’’ that recommends a choice of designs (5) FEDERAL PRESIDENTIAL LIBRARY.—The tor of Central Intelligence, or by the head of that are ‘‘efficient and economical’’ and that term ‘‘Federal Presidential library’’ means a any other agency (including the Department provide ‘‘visual testimony to the dignity, en- library operated and maintained by the of Defense) if the special access program per- terprise, vigor, and stability’’ of the United United States Government through the Na- tains to intelligence activities, or of access States Government; and tional Archives and Records Administration to any information and materials relating to (B) the Guiding Principles for Federal Ar- under the applicable provisions of chapter 21 intelligence sources and methods, to the Se- chitecture further state that the ‘‘develop- of title 44, United States Code. lect Committee on Intelligence of the Senate ment of an official style must be avoided. (6) NATIONAL SECURITY.—The term ‘‘na- and the Permanent Select Committee on In- Design must flow from the architectural pro- tional security’’ means the national defense telligence of the House of Representatives. fession to the Government, and not vice or foreign relations of the United States. (C) In the case of the denial of access to a versa.’’; (7) RECORDS OR MATERIALS OF EXTRAOR- special access program created by the Sec- (5) Senator Moynihan has encouraged— DINARY PUBLIC INTEREST.—The term ‘‘records retary of Energy or the Administrator for (A) the construction of new buildings along or materials of extraordinary public inter- Nuclear Security, to the Committees on the Avenue, such as the Ronald Reagan est’’ means records or materials that— Armed Services and Appropriations and the Building and International Trade Center; (A) demonstrate and record the national Select Committee on Intelligence of the Sen- and security policies, actions, and decisions of ate and to the Committees on Armed Serv- (B) the establishment of an academic insti- the United States, including— ices and Appropriations and the Permanent tution along the Avenue, namely the Wood- (i) policies, events, actions, and decisions Select Committee on Intelligence of the row Wilson International Center for Schol- which led to significant national security House of Representatives. ars, a living memorial to President Wilson; outcomes; and and SEC. 607. JUDICIAL REVIEW. (ii) the development and evolution of sig- Nothing in this title limits the protection (6) as Senator Moynihan’s service in the nificant United States national security Senate concludes, it is appropriate to com- afforded to any information under any other policies, actions, and decisions; provision of law. This title is not intended memorate his legacy of public service and (B) will provide a significantly different his commitment to thoughtful urban design and may not be construed to create any perspective in general from records and ma- right or benefit, substantive or procedural, in the Nation’s Capital. terials publicly available in other historical (b) DESIGNATION.—The parcel of land lo- enforceable at law against the United States, sources; and cated in the northwest quadrant of Wash- its agencies, its officers, or its employees. (C) would need to be addressed through ad ington, District of Columbia, and described This title does not modify in any way the hoc record searches outside any systematic in subsection (c) shall be known and des- substantive criteria or procedures for the declassification program established under ignated as ‘‘Daniel Patrick Moynihan classification of information, nor does this Executive Order. Place’’. title create any right or benefit subject to (8) RECORDS OF ARCHIVAL VALUE.—The term (c) BOUNDARIES.—The parcel of land de- judicial review. ‘‘records of archival value’’ means records scribed in this subsection is the portion of SEC. 608. FUNDING. that have been determined by the Archivist Woodrow Wilson Plaza (as designated by (a) AUTHORIZATION OF APPROPRIATIONS.— of the United States to have sufficient his- Public Law 103–284 (108 Stat. 1448)) that is There is hereby authorized to be appro- torical or other value to warrant their con- bounded— priated to carry out the provisions of this tinued preservation by the Federal Govern- (1) on the west by the eastern facade of the title amounts as follows: ment. Ronald Reagan Building and International (1) For fiscal year 2001, $650,000. SEC. 610. SUNSET. Trade Center; (2) For each fiscal year after fiscal year The provisions of this title shall expire (2) on the east by the western facade of the 2001, such sums as may be necessary for such four years after the date of the enactment of Ariel Rios Building; fiscal year. this Act, unless reauthorized by statute. (3) on the north by the southern edge of the (b) FUNDING REQUESTS.—The President sidewalk abutting Pennsylvania Avenue; and shall include in the budget submitted to Con- KERREY AMENDMENT NO. 4284 (4) on the south by the line that, bisecting gress for each fiscal year under section 1105 the atrium of the Ronald Reagan Building of title 31, United States Code, a request for Mr. BRYAN (for Mr. KERREY) pro- and International Trade Center, continues amounts for the activities of the Board posed an amendment to the bill, S. east to bisect the western hemicycle of the under this title during such fiscal year. 2507, supra; as follows: Ariel Rios Building.

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(d) REFERENCES.—Any reference in a law, the United States relating to unaccounted compliance of such element with such direc- map, regulation, document, paper, or other for United States personnel. tives’’. record of the United States to the parcel of ‘‘(2) The analytic capability maintained land described in subsection (c) shall be under paragraph (1) shall be known as the SMALL BUSINESS INNOVATION RE- deemed to be a reference to Daniel Patrick ‘POW/MIA analytic capability of the intel- SEARCH PROGRAM REAUTHOR- Moynihan Place. ligence community’. ‘‘(b) SCOPE OF RESPONSIBILITY.—The re- IZATION ACT OF 2000 SHELBY AMENDMENT NO. 4285 sponsibilities of the analytic capability maintained under subsection (a) shall— Mr. LOTT (for Mr. SHELBY) proposed ‘‘(1) extend to any activities of the Federal BOND (AND KERRY) AMENDMENT an amendment to the bill, S. 2507. Government with respect to unaccounted for NO. 4286 supra; as follows: United States personnel after December 31, Mr. KYL (for Mr. BOND (for himself 1999; and On page 10, strike line 11 and all that fol- and Mr. KERRY)) proposed an amend- ‘‘(2) include support for any department or lows through page 12, line 2, and insert the ment to the House amendment to the following: agency of the Federal Government engaged in such activities. Senate amendment to the bill (H.R. ‘‘(a) PROHIBITION.—Whoever, being an offi- 2392) to amend the Small Business Act cer or employee of the United States, a ‘‘(c) UNACCOUNTED FOR UNITED STATES PER- former or retired officer or employee of the SONNEL DEFINED.—In this section, the term to extend the authorization for the United States, any other person with author- ‘unaccounted for United States personnel’ Small Business Innovation Research ized access to classified information, or any means the following: Program, and for other purposes; as other person formerly with authorized access ‘‘(1) Any missing person (as that term is follows: defined in section 1513(1) of title 10, United to classified information, knowingly and Strike all after the enacting clause and in- willfully discloses, or attempts to disclose, States Code). ‘‘(2) Any United States national who was sert the following: any classified information acquired as a re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. sult of such person’s authorized access to killed while engaged in activities on behalf (a) SHORT TITLE.—This Act may be cited as classified information to a person (other of the United States Government and whose the ‘‘Small Business Reauthorization Act of than an officer or employee of the United remains have not been repatriated to the 2000’’. States) who is not authorized access to such United States.’’. On page 14, beginning on line 11, strike (b) TABLE OF CONTENTS.—The table of con- classified information, knowing that the per- ‘‘acting at their direction’’. tents for this Act is as follows: son is not authorized access to such classi- On page 14, line 13, insert ‘‘, and at the di- fied information, shall be fined under this Sec. 1. Short title; table of contents. rection of,’’ after ‘‘on behalf of’’. title, imprisoned not more than 3 years, or TITLE I—SMALL BUSINESS INNOVATION On page 14, line 16, strike ‘‘AUTHORIZED AC- both. RESEARCH PROGRAM TIVITIES.—An activity’’ and insert ‘‘AUTHOR- ‘‘(b) CONSTRUCTION OF PROHIBITION.—Noth- IZED INTELLIGENCE ACTIVITIES.—An intel- Sec. 101. Short title. ing in this section shall be construed to es- ligence activity’’. Sec. 102. Findings. tablish criminal liability for disclosure of On page 14, line 18, insert ‘‘intelligence’’ Sec. 103. Extension of SBIR program. classified information in accordance with ap- before ‘‘activity’’. Sec. 104. Annual report. plicable law to the following: On page 15, beginning on line 9, strike ‘‘, Sec. 105. Third phase assistance. ‘‘(1) Any justice or judge of a court of the and all applicable Executive Orders,’’. Sec. 106. Report on programs for annual per- United States established pursuant to article On page 15, line 11, strike ‘‘materials’’ and formance plan. III of the Constitution of the United States. insert ‘‘material’’. Sec. 107. Output and outcome data. ‘‘(2) The Senate or House of Representa- On page 15, line 15, strike ‘‘and Executive Sec. 108. National Research Council reports. tives, or any committee or subcommittee Orders’’. Sec. 109. Federal agency expenditures for thereof, or joint committee thereof, or any On page 15, line 18, strike ‘‘or Executive the SBIR program. member of Congress. Order’’. Sec. 110. Policy directive modifications. ‘‘(3) A person or persons acting on behalf of On page 15, line 22, strike ‘‘or Executive Sec. 111. Federal and State technology part- a foreign power (including an international Order’’. nership program. organization) if the disclosure— On page 15, strike line 25 and all that fol- Sec. 112. Mentoring networks. ‘‘(A) is made by an officer or employee of lows through page 16, line 16, and insert the Sec. 113. Simplified reporting requirements. the United States who has been authorized following: Sec. 114. Rural outreach program extension. to make the disclosure; and (d) EFFECTS OF CERTIFICATION OF NON-FULL TITLE II—GENERAL BUSINESS LOAN ‘‘(B) is within the scope of such officer’s or COMPLIANCE.—(1) Subject to subsection (e), PROGRAM employee’s duties. effective as of January 1, 2001, a covered ele- Sec. 201. Short title. ‘‘(4) Any other person authorized to receive ment of the Department of State Sec. 202. Levels of participation. the classified information. On page 16, line 20, strike ‘‘and Executive Sec. 203. Loan amounts. ‘‘(c) DEFINITIONS.—In this section: Orders’’. Sec. 204. Interest on defaulted loans. ‘‘(1) The term ‘authorized’, in the case of On page 16, strike lines 22 and 23 and insert Sec. 205. Prepayment of loans. access to classified information, means hav- the following: Sec. 206. Guarantee fees. ing authority or permission to have access to (2) If the prohibition in paragraph (1) takes Sec. 207. Lease terms. the classified information pursuant to the effect in accordance with that paragraph, the Sec. 208. Microloan program. provisions of a statute, Executive Order, reg- prohibition TITLE III—CERTIFIED DEVELOPMENT ulation, or directive of the head of any de- On page 17, beginning on line 1, strike ‘‘and COMPANY PROGRAM partment or agency who is empowered to Executive Orders’’. classify information, an order of any United On page 17, strike line 3 and insert the fol- Sec. 301. Short title. States court, or a provision of any Resolu- lowing: Sec. 302. Women-owned businesses. tion of the Senate or Rule of the House of (e) WAIVER BY DIRECTOR OF CENTRAL INTEL- Sec. 303. Maximum debenture size. Representatives which governs release of LIGENCE.—(1) The Director of Central Intel- Sec. 304. Fees. classified information by such House of Con- ligence may Sec. 305. Premier certified lenders program. gress. On page 17, beginning on line 4, strike Sec. 306. Sale of certain defaulted loans. ‘‘(2) The term ‘classified information’ ‘‘subsection (d)(2)’’ and insert ‘‘subsection Sec. 307. Loan liquidation. means information or material properly (d)’’. TITLE IV—CORRECTIONS TO THE SMALL classified and clearly marked or represented, On page 17, line 6, strike ‘‘the President’’ BUSINESS INVESTMENT ACT OF 1958 or that the person knows or has reason to be- and insert ‘‘the Director’’. Sec. 401. Short title. lieve has been properly classified by appro- On page 17, line 9, strike ‘‘The President’’ Sec. 402. Definitions. priate authorities, pursuant to the provi- and insert ‘‘The Director’’. Sec. 403. Investment in small business in- sions of a statute or Executive Order, as re- On page 17, between lines 17 and 18, insert vestment companies. quiring protection against unauthorized dis- the following: Sec. 404. Subsidy fees. closure for reasons of national security. (C) The actions, if any, that will be taken Sec. 405. Distributions. On page 12, strike line 21 and all that fol- to bring such element into full compliance Sec. 406. Conforming amendment. lows through page 13, line 16, and insert the with the directives referred to in subsection following: (a), including a schedule for completion of TITLE V—REAUTHORIZATION OF SMALL ‘‘SEC. 115. (a) REQUIREMENT.—(1) The Direc- such actions. BUSINESS PROGRAMS tor of Central Intelligence shall, in consulta- On page 17, line 18, strike ‘‘(C) The actions Sec. 501. Short title. tion with the Secretary of Defense, establish taken by the President’’ and insert ‘‘(D) The Sec. 502. Reauthorization of small business and maintain in the intelligence community actions taken by the Director’’. programs. an analytic capability with responsibility for On page 17, line 20, insert before the period Sec. 503. Additional reauthorizations. intelligence in support of the activities of the following: ‘‘pending achievement of full Sec. 504. Cosponsorship.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0655 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9620 CONGRESSIONAL RECORD — SENATE October 2, 2000 TITLE VI—HUBZONE PROGRAM ‘‘and the Committee on Small Business of ministrator, in consultation with Federal Subtitle A—HUBZones in Native America the House of Representatives’’ and inserting agencies required to have an SBIR program Sec. 601. Short title. ‘‘, and to the Committee on Science and the pursuant to subsection (f)(1), shall develop Sec. 602. HUBZone small business concern. Committee on Small Business of the House and maintain a database to be used solely for Sec. 603. Qualified HUBZone small business of Representatives,’’. SBIR program evaluation that— concern. SEC. 105. THIRD PHASE ASSISTANCE. ‘‘(A) contains for each second phase award Sec. 604. Other definitions. Section 9(e)(4)(C)(i) of the Small Business made by a Federal agency— Subtitle B—Other HUBZone Provisions Act (15 U.S.C. 638(e)(4)(C)(i)) is amended by ‘‘(i) information collected in accordance with paragraph (3) on revenue from the sale Sec. 611. Definitions. striking ‘‘; and’’ and inserting ‘‘; or’’. of new products or services resulting from Sec. 612. Eligible contracts. SEC. 106. REPORT ON PROGRAMS FOR ANNUAL Sec. 613. HUBZone redesignated areas. PERFORMANCE PLAN. the research conducted under the award; Sec. 614. Community development. Section 9(g) of the Small Business Act (15 ‘‘(ii) information collected in accordance Sec. 615. Reference corrections. U.S.C. 638(g)) is amended— with paragraph (3) on additional investment TITLE VII—NATIONAL WOMEN’S (1) in paragraph (7), by striking ‘‘and’’ at from any source, other than first phase or BUSINESS COUNCIL REAUTHORIZATION the end; second phase SBIR or STTR awards, to fur- ther the research and development con- Sec. 701. Short title. (2) in paragraph (8), by striking the period ducted under the award; and Sec. 702. Duties of the Council. at the end and inserting a semicolon; and Sec. 703. Membership of the Council. (3) by adding at the end the following: ‘‘(iii) any other information received in Sec. 704. Repeal of procurement project; ‘‘(9) include, as part of its annual perform- connection with the award that the Adminis- State and local economic net- ance plan as required by subsections (a) and trator, in conjunction with the SBIR pro- works. (b) of section 1115 of title 31, United States gram managers of Federal agencies, con- siders relevant and appropriate; Sec. 705. Studies and other research. Code, a section on its SBIR program, and ‘‘(B) includes any narrative information Sec. 706. Authorization of appropriations. shall submit such section to the Committee that a small business concern receiving a TITLE VIII—MISCELLANEOUS on Small Business of the Senate, and the second phase award voluntarily submits to PROVISIONS Committee on Science and the Committee on further describe the outputs and outcomes of Small Business of the House of Representa- Sec. 801. Loan application processing. its awards; Sec. 802. Application of ownership require- tives; and’’. ‘‘(C) includes for each applicant for a first ments. SEC. 107. OUTPUT AND OUTCOME DATA. Sec. 803. Subcontracting preference for vet- phase or second phase award that does not (a) COLLECTION.—Section 9(g) of the Small receive such an award— erans. Business Act (15 U.S.C. 638(g)), as amended Sec. 804. Small business development center ‘‘(i) the name, size, and location, and an by section 106 of this Act, is further amended identifying number assigned by the Adminis- program funding. by adding at the end the following: Sec. 805. Surety bonds. tration; ‘‘(10) collect, and maintain in a common Sec. 806. Size standards. ‘‘(ii) an abstract of the project; and Sec. 807. Native American small business de- format in accordance with subsection (v), ‘‘(iii) the Federal agency to which the ap- velopment centers. such information from awardees as is nec- plication was made; essary to assess the SBIR program, including ‘‘(D) includes any other data collected by TITLE I—SMALL BUSINESS INNOVATION information necessary to maintain the data- RESEARCH PROGRAM or available to any Federal agency that such base described in subsection (k).’’. agency considers may be useful for SBIR pro- SECTION 101. SHORT TITLE. (b) REPORT TO CONGRESS.—Section 9(b)(7) gram evaluation; and (a) SHORT TITLE.—This title may be cited of the Small Business Act (15 U.S.C. ‘‘(E) is available for use solely for program as the ‘‘Small Business Innovation Research 638(b)(7)), as amended by section 104 of this evaluation purposes by the Federal Govern- Program Reauthorization Act of 2000’’. Act, is further amended by inserting before ment or, in accordance with policy directives SEC. 102. FINDINGS. the period at the end ‘‘, including the data issued by the Administration, by other au- Congress finds that— on output and outcomes collected pursuant thorized persons who are subject to a use and (1) the small business innovation research to subsections (g)(10) and (o)(9), and a de- nondisclosure agreement with the Federal program established under the Small Busi- scription of the extent to which Federal Government covering the use of the data- ness Innovation Development Act of 1982, agencies are providing in a timely manner base. and reauthorized by the Small Business Re- information needed to maintain the database ‘‘(3) UPDATING INFORMATION FOR DATA- search and Development Enhancement Act described in subsection (k)’’. BASE.— of 1992 (in this Act referred to as the ‘‘SBIR (c) DATABASE.—Section 9(k) of the Small ‘‘(A) IN GENERAL.—A small business con- program’’) is highly successful in involving Business Act (15 U.S.C. 638(k)) is amended to cern applying for a second phase award under small businesses in federally funded research read as follows: this section shall be required to update infor- and development; ‘‘(k) DATABASE.— mation in the database established under (2) the SBIR program made the cost-effec- ‘‘(1) PUBLIC DATABASE.—Not later than 180 this subsection for any prior second phase tive and unique research and development days after the date of enactment of the award received by that small business con- capabilities possessed by the small busi- Small Business Innovation Research Pro- cern. In complying with this paragraph, a nesses of the Nation available to Federal gram Reauthorization Act of 2000, the Ad- small business concern may apportion sales agencies and departments; ministrator shall develop, maintain, and or additional investment information relat- (3) the innovative goods and services devel- make available to the public a searchable, ing to more than one second phase award oped by small businesses that participated in up-to-date, electronic database that in- among those awards, if it notes the appor- the SBIR program have produced innova- cludes— tionment for each award. tions of critical importance in a wide variety ‘‘(A) the name, size, location, and an iden- ‘‘(B) ANNUAL UPDATES UPON TERMINATION.— of high-technology fields, including biology, tifying number assigned by the Adminis- A small business concern receiving a second medicine, education, and defense; trator, of each small business concern that phase award under this section shall— (4) the SBIR program is a catalyst in the has received a first phase or second phase ‘‘(i) update information in the database promotion of research and development, the SBIR award from a Federal agency; concerning that award at the termination of commercialization of innovative technology, ‘‘(B) a description of each first phase or the award period; and the development of new products and serv- second phase SBIR award received by that ‘‘(ii) be requested to voluntarily update ices, and the continued excellence of this Na- small business concern, including— such information annually thereafter for a tion’s high-technology industries; and ‘‘(i) an abstract of the project funded by period of 5 years. (5) the continuation of the SBIR program the award, excluding any proprietary infor- ‘‘(4) PROTECTION OF INFORMATION.—Infor- will provide expanded opportunities for one mation so identified by the small business mation provided under paragraph (2) shall be of the Nation’s vital resources, its small concern; considered privileged and confidential and businesses, will foster invention, research, ‘‘(ii) the Federal agency making the award; not subject to disclosure pursuant to section and technology, will create jobs, and will in- and 552 of title 5, United States Code. crease this Nation’s competitiveness in ‘‘(iii) the date and amount of the award; ‘‘(5) RULE OF CONSTRUCTION.—Inclusion of international markets. ‘‘(C) an identification of any business con- information in the database under this sub- SEC. 103. EXTENSION OF SBIR PROGRAM. cern or subsidiary established for the com- section shall not be considered to be publica- Section 9(m) of the Small Business Act (15 mercial application of a product or service tion for purposes of subsection (a) or (b) of U.S.C. 638(m)) is amended to read as follows: for which an SBIR award is made; and section 102 of title 35, United States Code.’’. ‘‘(m) TERMINATION.—The authorization to ‘‘(D) information regarding mentors and SEC. 108. NATIONAL RESEARCH COUNCIL RE- carry out the Small Business Innovation Re- Mentoring Networks, as required by section PORTS. search Program established under this sec- 35(d). (a) STUDY AND RECOMMENDATIONS.—The tion shall terminate on September 30, 2008.’’. ‘‘(2) GOVERNMENT DATABASE.—Not later head of each agency with a budget of more SEC. 104. ANNUAL REPORT. than 180 days after the date of enactment of than $50,000,000 for its SBIR program for fis- Section 9(b)(7) of the Small Business Act the Small Business Innovation Research Pro- cal year 1999, in consultation with the Small (15 U.S.C. 638(b)(7)) is amended by striking gram Reauthorization Act of 2000, the Ad- Business Administration, shall, not later

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9621 than 6 months after the date of enactment of terested parties, including entities, organiza- ‘‘(ii) the identity of the entity with which this Act, cooperatively enter into an agree- tions, and individuals actively engaged in the agency contracted to perform the re- ment with the National Academy of Sciences enhancing or developing the technological search, development, or production; and for the National Research Council to— capabilities of small business concerns. ‘‘(iii) a description of the type of funding (1) conduct a comprehensive study of how (c) PROGRESS REPORTS.—The National Re- agreement under which the research, devel- the SBIR program has stimulated techno- search Council shall provide semiannual opment, or production was obtained; and logical innovation and used small businesses progress reports on the study conducted ‘‘(D) to implement subsection (v), includ- to meet Federal research and development under this section to the Committee on ing establishing standardized procedures for needs, including— Science and the Committee on Small Busi- the provision of information pursuant to (A) a review of the value to the Federal re- ness of the House of Representatives, and to subsection (k)(3).’’. search agencies of the research projects the Committee on Small Business of the SEC. 111. FEDERAL AND STATE TECHNOLOGY being conducted under the SBIR program, Senate. PARTNERSHIP PROGRAM. and of the quality of research being con- (d) REPORT.—The National Research Coun- (a) FINDINGS.—Congress finds that— ducted by small businesses participating cil shall transmit to the heads of agencies (1) programs to foster economic develop- under the program, including a comparison entering into an agreement under this sec- ment among small high-technology firms of the value of projects conducted under the tion and to the Committee on Science and vary widely among the States; SBIR program to those funded by other Fed- the Committee on Small Business of the (2) States that do not aggressively support eral research and development expenditures; House of Representatives, and to the Com- the development of small high-technology (B) to the extent practicable, an evaluation mittee on Small Business of the Senate— firms, including participation by small busi- of the economic benefits achieved by the (1) not later than 3 years after the date of ness concerns in the SBIR program, are at a SBIR program, including the economic rate enactment of this Act, a report including the competitive disadvantage in establishing a of return, and a comparison of the economic results of the study conducted under sub- business climate that is conducive to tech- benefits, including the economic rate of re- nology development; and turn, achieved by the SBIR program with the section (a)(1) and recommendations made (3) building stronger national, State, and economic benefits, including the economic under subsection (a)(2); and local support for science and technology re- rate of return, of other Federal research and (2) not later than 6 years after that date of search in these disadvantaged States will ex- development expenditures; enactment, an update of such report. pand economic opportunities in the United (C) an evaluation of the noneconomic bene- SEC. 109. FEDERAL AGENCY EXPENDITURES FOR States, create jobs, and increase the com- fits achieved by the SBIR program over the THE SBIR PROGRAM. petitiveness of the United States in the life of the program; Section 9(i) of the Small Business Act (15 world market. (D) a comparison of the allocation for fis- U.S.C. 638(i)) is amended— (b) FEDERAL AND STATE TECHNOLOGY PART- cal year 2000 of Federal research and develop- (1) by striking ‘‘(i) Each Federal’’ and in- NERSHIP PROGRAM.—The Small Business Act ment funds to small businesses with such al- serting the following: (15 U.S.C. 631 et seq.) is amended— location for fiscal year 1983, and an analysis ‘‘(i) ANNUAL REPORTING.— of the factors that have contributed to such (1) by redesignating section 34 as section ‘‘(1) IN GENERAL.—Each Federal’’; and 37; and allocation; and (2) by adding at the end the following: (E) an analysis of whether Federal agen- (2) by inserting after section 33 the fol- ‘‘(2) CALCULATION OF EXTRAMURAL BUDG- lowing: cies, in fulfilling their procurement needs, ET.— ‘‘SEC. 34. FEDERAL AND STATE TECHNOLOGY are making sufficient effort to use small ‘‘(A) METHODOLOGY.—Not later than 4 PARTNERSHIP PROGRAM. businesses that have completed a second months after the date of enactment of each ‘‘(a) DEFINITIONS.—In this section and sec- phase award under the SBIR program; and appropriations Act for a Federal agency re- tion 35, the following definitions apply: (2) make recommendations with respect quired by this section to have an SBIR pro- ‘‘(1) APPLICANT.—The term ‘applicant’ to— gram, the Federal agency shall submit to the means an entity, organization, or individual (A) measures of outcomes for strategic Administrator a report, which shall include that submits a proposal for an award or a co- plans submitted under section 306 of title 5, a description of the methodology used for operative agreement under this section. United States Code, and performance plans calculating the amount of the extramural ‘‘(2) BUSINESS ADVICE AND COUNSELING.— submitted under section 1115 of title 31, budget of that Federal agency. United States Code, of each Federal agency The term ‘business advice and counseling’ ‘‘(B) ADMINISTRATOR’S ANALYSIS.—The Ad- means providing advice and assistance on participating in the SBIR program; ministrator shall include an analysis of the matters described in section 35(c)(2)(B) to (B) whether companies who can dem- methodology received from each Federal small business concerns to guide them onstrate project feasibility, but who have agency referred to in subparagraph (A) in the through the SBIR and STTR program proc- not received a first phase award, should be report required by subsection (b)(7).’’. eligible for second phase awards, and the po- ess, from application to award and successful tential impact of such awards on the com- SEC. 110. POLICY DIRECTIVE MODIFICATIONS. completion of each phase of the program. petitive selection process of the program; Section 9(j) of the Small Business Act (15 ‘‘(3) FAST PROGRAM.—The term ‘FAST pro- (C) whether the Federal Government U.S.C. 638(j)) is amended by adding at the gram’ means the Federal and State Tech- should be permitted to recoup some or all of end the following: nology Partnership Program established its expenses if a controlling interest in a ‘‘(3) ADDITIONAL MODIFICATIONS.—Not later under this section. company receiving an SBIR award is sold to than 120 days after the date of enactment of ‘‘(4) MENTOR.—The term ‘mentor’ means an a foreign company or to a company that is the Small Business Innovation Research Pro- individual described in section 35(c)(2). not a small business concern; gram Reauthorization Act of 2000, the Ad- ‘‘(5) MENTORING NETWORK.—The term ‘Men- (D) how to increase the use by the Federal ministrator shall modify the policy direc- toring Network’ means an association, orga- Government in its programs and procure- tives issued pursuant to this subsection— nization, coalition, or other entity (includ- ments of technology-oriented small busi- ‘‘(A) to clarify that the rights provided for ing an individual) that meets the require- nesses; and under paragraph (2)(A) apply to all Federal ments of section 35(c). (E) improvements to the SBIR program, if funding awards under this section, including ‘‘(6) RECIPIENT.—The term ‘recipient’ any are considered appropriate. the first phase (as described in subsection means a person that receives an award or be- (b) PARTICIPATION BY SMALL BUSINESS.— (e)(4)(A)), the second phase (as described in comes party to a cooperative agreement (1) IN GENERAL.—In a manner consistent subsection (e)(4)(B)), and the third phase (as under this section. with law and with National Research Council described in subsection (e)(4)(C)); ‘‘(7) SBIR PROGRAM.—The term ‘SBIR pro- study guidelines and procedures, knowledge- ‘‘(B) to provide for the requirement of a gram’ has the same meaning as in section able individuals from the small business succinct commercialization plan with each 9(e)(4). community with experience in the SBIR pro- application for a second phase award that is ‘‘(8) STATE.—The term ‘State’ means each gram shall be included— moving toward commercialization; of the several States, the District of Colum- (A) in any panel established by the Na- ‘‘(C) to require agencies to report to the bia, the Commonwealth of Puerto Rico, the tional Research Council for the purpose of Administration, not less frequently than an- Virgin Islands, Guam, and American Samoa. performing the study conducted under this nually, all instances in which an agency pur- ‘‘(9) STTR PROGRAM.—The term ‘STTR pro- section; and sued research, development, or production of gram’ has the same meaning as in section (B) among those who are asked by the Na- a technology developed by a small business 9(e)(6). tional Research Council to peer review the concern using an award made under the ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Ad- study. SBIR program of that agency, and deter- ministrator shall establish a program to be (2) CONSULTATION.—To ensure that the con- mined that it was not practicable to enter known as the Federal and State Technology cerns of small business are appropriately into a follow-on non-SBIR program funding Partnership Program, the purpose of which considered under this subsection, the Na- agreement with the small business concern, shall be to strengthen the technological tional Research Council shall consult with which report shall include, at a minimum— competitiveness of small business concerns and consider the views of the Office of Tech- ‘‘(i) the reasons why the follow-on funding in the States. nology and the Office of Advocacy of the agreement with the small business concern ‘‘(c) GRANTS AND COOPERATIVE AGREE- Small Business Administration and other in- was not practicable; MENTS.—

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‘‘(1) JOINT REVIEW.—In carrying out the ‘‘(iv) whether the proposal integrates and ‘‘(D) RANKINGS.—For purposes of subpara- FAST program under this section, the Ad- coordinates the proposed activities with graph (A), the Administrator shall reevalu- ministrator and the SBIR program managers other State and local programs assisting ate the ranking of a State once every 2 fiscal at the National Science Foundation and the small high-technology firms in the State; years, beginning with fiscal year 2001, based Department of Defense shall jointly review and on the most recent statistics compiled by proposals submitted by applicants and may ‘‘(v) the manner in which the applicant the Administrator. make awards or enter into cooperative will measure the results of the activities to ‘‘(3) DURATION.—Awards may be made or agreements under this section based on the be conducted. cooperative agreements entered into under factors for consideration set forth in para- ‘‘(3) PROPOSAL LIMIT.—Not more than 1 pro- this section for multiple years, not to exceed graph (2), in order to enhance or develop in posal may be submitted for inclusion in the 5 years in total. a State— FAST program under this section to provide ‘‘(f) REPORTS.— ‘‘(A) technology research and development services in any one State in any 1 fiscal year. ‘‘(1) INITIAL REPORT.—Not later than 120 by small business concerns; ‘‘(4) PROCESS.—Proposals and applications days after the date of enactment of the ‘‘(B) technology transfer from university for assistance under this section shall be in Small Business Innovation Research Pro- research to technology-based small business such form and subject to such procedures as gram Reauthorization Act of 2000, the Ad- concerns; the Administrator shall establish. ministrator shall prepare and submit to the ‘‘(d) COOPERATION AND COORDINATION.—In ‘‘(C) technology deployment and diffusion Committee on Small Business of the Senate carrying out the FAST program under this benefiting small business concerns; and the Committee on Science and the Com- section, the Administrator shall cooperate mittee on Small Business of the House of ‘‘(D) the technological capabilities of small and coordinate with— business concerns through the establishment Representatives a report, which shall in- ‘‘(1) Federal agencies required by section 9 clude, with respect to the FAST program, in- or operation of consortia comprised of enti- to have an SBIR program; and cluding Mentoring Networks— ties, organizations, or individuals, includ- ‘‘(2) entities, organizations, and individuals ‘‘(A) a description of the structure and pro- ing— actively engaged in enhancing or developing cedures of the program; ‘‘(i) State and local development agencies the technological capabilities of small busi- ‘‘(B) a management plan for the program; and entities; ness concerns, including— and ‘‘(ii) representatives of technology-based ‘‘(A) State and local development agencies ‘‘(C) a description of the merit-based re- small business concerns; and entities; view process to be used in the program. ‘‘(iii) industries and emerging companies; ‘‘(B) State committees established under ‘‘(2) ANNUAL REPORTS.—The Administrator ‘‘(iv) universities; and the Experimental Program to Stimulate shall submit an annual report to the Com- ‘‘(v) small business development centers; Competitive Research of the National mittee on Small Business of the Senate and and Science Foundation (as established under ‘‘(E) outreach, financial support, and tech- section 113 of the National Science Founda- the Committee on Science and the Com- nical assistance to technology-based small tion Authorization Act of 1988 (42 U.S.C. mittee on Small Business of the House of business concerns participating in or inter- 1862g)); Representatives regarding— ested in participating in an SBIR program, ‘‘(C) State science and technology coun- ‘‘(A) the number and amount of awards including initiatives— cils; and provided and cooperative agreements entered ‘‘(i) to make grants or loans to companies ‘‘(D) representatives of technology-based into under the FAST program during the to pay a portion or all of the cost of devel- small business concerns. preceding year; oping SBIR proposals; ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— ‘‘(B) a list of recipients under this section, ‘‘(ii) to establish or operate a Mentoring ‘‘(1) COMPETITIVE BASIS.—Awards and coop- including their location and the activities Network within the FAST program to pro- erative agreements under this section shall being performed with the awards made or vide business advice and counseling that will be made or entered into, as applicable, on a under the cooperative agreements entered assist small business concerns that have competitive basis. into; and been identified by FAST program partici- ‘‘(2) MATCHING REQUIREMENTS.— ‘‘(C) the Mentoring Networks and the men- pants, program managers of participating ‘‘(A) IN GENERAL.—The non-Federal share toring database, as provided for under sec- SBIR agencies, the Administration, or other of the cost of an activity (other than a plan- tion 35, including— entities that are knowledgeable about the ning activity) carried out using an award or ‘‘(i) the status of the inclusion of men- SBIR and STTR programs as good candidates under a cooperative agreement under this toring information in the database required for the SBIR and STTR programs, and that section shall be— by section 9(k); and would benefit from mentoring, in accordance ‘‘(i) 50 cents for each Federal dollar, in the ‘‘(ii) the status of the implementation and with section 35; case of a recipient that will serve small busi- description of the usage of the Mentoring ‘‘(iii) to create or participate in a training ness concerns located in one of the 18 States Networks. program for individuals providing SBIR out- receiving the fewest SBIR first phase awards ‘‘(g) REVIEWS BY INSPECTOR GENERAL.— reach and assistance at the State and local (as described in section 9(e)(4)(A)); ‘‘(1) IN GENERAL.—The Inspector General of levels; and ‘‘(ii) except as provided in subparagraph the Administration shall conduct a review ‘‘(iv) to encourage the commercialization (B), 1 dollar for each Federal dollar, in the of— of technology developed through SBIR pro- case of a recipient that will serve small busi- ‘‘(A) the extent to which recipients under gram funding. ness concerns located in one of the 16 States the FAST program are measuring the per- ‘‘(2) SELECTION CONSIDERATIONS.—In mak- receiving the greatest number of such SBIR formance of the activities being conducted ing awards or entering into cooperative first phase awards; and and the results of such measurements; and agreements under this section, the Adminis- ‘‘(iii) except as provided in subparagraph ‘‘(B) the overall management and effective- trator and the SBIR program managers re- (B), 75 cents for each Federal dollar, in the ness of the FAST program. ferred to in paragraph (1)— case of a recipient that will serve small busi- ‘‘(2) REPORT.—During the first quarter of ‘‘(A) may only consider proposals by appli- ness concerns located in a State that is not fiscal year 2004, the Inspector General of the cants that intend to use a portion of the Fed- described in clause (i) or (ii) that is receiving Administration shall submit a report to the eral assistance provided under this section to such SBIR first phase awards. Committee on Small Business of the Senate provide outreach, financial support, or tech- ‘‘(B) LOW-INCOME AREAS.—The non-Federal and the Committee on Science and the Com- nical assistance to technology-based small share of the cost of the activity carried out mittee on Small Business of the House of business concerns participating in or inter- using an award or under a cooperative agree- Representatives on the review conducted ested in participating in the SBIR program; ment under this section shall be 50 cents for under paragraph (1). and each Federal dollar that will be directly allo- ‘‘(h) PROGRAM LEVELS.— ‘‘(B) shall consider, at a minimum— cated by a recipient described in subpara- ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(i) whether the applicant has dem- graph (A) to serve small business concerns appropriated to carry out the FAST pro- onstrated that the assistance to be provided located in a qualified census tract, as that gram, including Mentoring Networks, under would address unmet needs of small business term is defined in section 42(d)(5)(C)(ii) of the this section and section 35, $10,000,000 for concerns in the community, and whether it Internal Revenue Code of 1986. Federal dol- each of fiscal years 2001 through 2005. is important to use Federal funding for the lars not so allocated by that recipient shall ‘‘(2) MENTORING DATABASE.—Of the total proposed activities; be subject to the matching requirements of amount made available under paragraph (1) ‘‘(ii) whether the applicant has dem- subparagraph (A). for fiscal years 2001 through 2005, a reason- onstrated that a need exists to increase the ‘‘(C) TYPES OF FUNDING.—The non-Federal able amount, not to exceed a total of number or success of small high-technology share of the cost of an activity carried out $500,000, may be used by the Administration businesses in the State, as measured by the by a recipient shall be comprised of not less to carry out section 35(d). number of first phase and second phase SBIR than 50 percent cash and not more than 50 ‘‘(i) TERMINATION.—The authority to carry awards that have historically been received percent of indirect costs and in-kind con- out the FAST program under this section by small business concerns in the State; tributions, except that no such costs or con- shall terminate on September 30, 2005.’’. ‘‘(iii) whether the projected costs of the tributions may be derived from funds from (c) COORDINATION OF TECHNOLOGY DEVELOP- proposed activities are reasonable; any other Federal program. MENT PROGRAMS.—Section 9 of the Small

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9623 Business Act (15 U.S.C. 638) is amended by companies regarding the SBIR and STTR thorization Act of 1997 (15 U.S.C. 638 note; 111 adding at the end the following: programs as an effective and low-cost way to Stat. 2622) is amended by striking ‘‘2001’’ and ‘‘(u) COORDINATION OF TECHNOLOGY DEVEL- improve the likelihood that such companies inserting ‘‘2005’’. OPMENT PROGRAMS.— will succeed in such programs in developing (b) EXTENSION OF AUTHORIZATION OF APPRO- ‘‘(1) DEFINITION OF TECHNOLOGY DEVELOP- and commercializing their research. PRIATIONS.—Section 9(s)(2) of the Small Busi- MENT PROGRAM.—In this subsection, the term ‘‘(b) AUTHORIZATION FOR MENTORING NET- ness Act (15 U.S.C. 638(s)(2)) is amended by ‘technology development program’ means— WORKS.—The recipient of an award or partici- striking ‘‘for fiscal year 1998, 1999, 2000, or ‘‘(A) the Experimental Program to Stimu- pant in a cooperative agreement under sec- 2001’’ and inserting ‘‘for each of the fiscal late Competitive Research of the National tion 34 may use a reasonable amount of such years 2000 through 2005,’’. Science Foundation, as established under assistance for the establishment of a Men- TITLE II—GENERAL BUSINESS LOAN section 113 of the National Science Founda- toring Network under this section. PROGRAM ‘‘(c) CRITERIA FOR MENTORING NETWORKS.— tion Authorization Act of 1988 (42 U.S.C. SEC. 201. SHORT TITLE. 1862g); A Mentoring Network established using as- This title may be cited as the ‘‘Small Busi- ‘‘(B) the Defense Experimental Program to sistance under section 34 shall— ness General Business Loan Improvement Stimulate Competitive Research of the De- ‘‘(1) provide business advice and counseling Act of 2000’’. to high technology small business concerns partment of Defense; SEC. 202. LEVELS OF PARTICIPATION. located in the State or region served by the ‘‘(C) the Experimental Program to Stimu- Section 7(a)(2)(A) of the Small Business late Competitive Research of the Depart- Mentoring Network and identified under sec- Act (15 U.S.C. 636(a)(2)(A)) is amended— ment of Energy; tion 34(c)(1)(E)(ii) as potential candidates for (1) in paragraph (i) by striking ‘‘$100,000’’ ‘‘(D) the Experimental Program to Stimu- the SBIR or STTR programs; and inserting ‘‘$150,000’’; and late Competitive Research of the Environ- ‘‘(2) identify volunteer mentors who— (2) in paragraph (ii)— mental Protection Agency; ‘‘(A) are persons associated with a small (A) by striking ‘‘80 percent’’ and inserting ‘‘(E) the Experimental Program to Stimu- business concern that has successfully com- ‘‘85 percent’’; and late Competitive Research of the National pleted one or more SBIR or STTR funding (B) by striking ‘‘$100,000’’ and inserting Aeronautics and Space Administration; agreements; and ‘‘$150,000’’. ‘‘(B) have agreed to guide small business ‘‘(F) the Institutional Development Award SEC. 203. LOAN AMOUNTS. concerns through all stages of the SBIR or Program of the National Institutes of Section 7(a)(3)(A) of the Small Business STTR program process, including providing Health; and Act (15 U.S.C. 636(a)(3)(A)) is amended by assistance relating to— ‘‘(G) the National Research Initiative Com- striking ‘‘$750,000,’’ and inserting, ‘‘$1,000,000 ‘‘(i) proposal writing; petitive Grants Program of the Department (or if the gross loan amount would exceed of Agriculture. ‘‘(ii) marketing; $2,000,000),’’. ‘‘(iii) Government accounting; ‘‘(2) COORDINATION REQUIREMENTS.—Each SEC. 204. INTEREST ON DEFAULTED LOANS. ‘‘(iv) Government audits; Federal agency that is subject to subsection Section 7(a)(4)(B) of the Small Business ‘‘(v) project facilities and equipment; (f) and that has established a technology de- Act (15 U.S.C. 636(a)(4)(B)) is amended by ‘‘(vi) human resources; velopment program may, in each fiscal year, adding at the end the following: ‘‘(vii) third phase partners; review for funding under that technology de- ‘‘(iii) APPLICABILITY.—Clauses (i) and (ii) ‘‘(viii) commercialization; velopment program— shall not apply to loans made on or after Oc- ‘‘(ix) venture capital networking; and ‘‘(A) any proposal to provide outreach and tober 1, 2000.’’. assistance to 1 or more small business con- ‘‘(x) other matters relevant to the SBIR and STTR programs; SEC. 205. PREPAYMENT OF LOANS. cerns interested in participating in the SBIR Section 7(a)(4) of the Small Business Act ‘‘(3) have experience working with small program, including any proposal to make a (15 U.S.C. 636(a)(4)) is further amended— business concerns participating in the SBIR grant or loan to a company to pay a portion (1) by striking ‘‘(4) INTEREST RATES AND and STTR programs; or all of the cost of developing an SBIR pro- FEES.—’’ and inserting ‘‘(4) INTEREST RATES ‘‘(4) contribute information to the national posal, from an entity, organization, or indi- AND PREPAYMENT CHARGES.—’’; and database referred to in subsection (d); and vidual located in— (2) by adding at the end the following: ‘‘(5) agree to reimburse volunteer mentors ‘‘(i) a State that is eligible to participate ‘‘(C) PREPAYMENT CHARGES.— for out-of-pocket expenses related to service in that program; or ‘‘(i) IN GENERAL.—A borrower who prepays as a mentor under this section. ‘‘(ii) a State described in paragraph (3); or any loan guaranteed under this subsection ‘‘(B) any proposal for the first phase of the ‘‘(d) MENTORING DATABASE.—The Adminis- trator shall— shall remit to the Administration a subsidy SBIR program, if the proposal, though meri- recoupment fee calculated in accordance torious, is not funded through the SBIR pro- ‘‘(1) include in the database required by section 9(k)(1), in cooperation with the SBIR, with clause (ii) if— gram for that fiscal year due to funding re- ‘‘(I) the loan is for a term of not less than straints, from a small business concern lo- STTR, and FAST programs, information on Mentoring Networks and mentors partici- 15 years; cated in— ‘‘(II) the prepayment is voluntary; ‘‘(i) a State that is eligible to participate pating under this section, including a de- scription of their areas of expertise; ‘‘(III) the amount of prepayment in any in a technology development program; or calendar year is more than 25 percent of the ‘‘(ii) a State described in paragraph (3). ‘‘(2) work cooperatively with Mentoring Networks to maintain and update the data- outstanding balance of the loan; and ‘‘(3) ADDITIONALLY ELIGIBLE STATE.—A ‘‘(IV) the prepayment is made within the State referred to in subparagraph (A)(ii) or base; ‘‘(3) take such action as may be necessary first 3 years after disbursement of the loan (B)(ii) of paragraph (2) is a State in which proceeds. the total value of contracts awarded to small to aggressively promote Mentoring Networks under this section; and ‘‘(ii) SUBSIDY RECOUPMENT FEE.—The sub- business concerns under all SBIR programs sidy recoupment fee charged under clause (i) is less than the total value of contracts ‘‘(4) fulfill the requirements of this sub- section either directly or by contract.’’. shall be— awarded to small business concerns in a ma- ‘‘(I) 5 percent of the amount of prepay- jority of other States, as determined by the SEC. 113. SIMPLIFIED REPORTING REQUIRE- MENTS. ment, if the borrower prepays during the Administrator in biennial fiscal years, begin- first year after disbursement; ning with fiscal year 2000, based on the most Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is fur- ‘‘(II) 3 percent of the amount of prepay- recent statistics compiled by the Adminis- ther amended by adding at the end the fol- ment, if the borrower prepays during the sec- trator.’’. lowing: ond year after disbursement; and SEC. 112. MENTORING NETWORKS. ‘‘(v) SIMPLIFIED REPORTING REQUIRE- ‘‘(III) 1 percent of the amount of prepay- The Small Business Act (15 U.S.C. 631 et MENTS.—The Administrator shall work with ment, if the borrower prepays during the seq.) is amended by inserting after section the Federal agencies required by this section third year after disbursement.’’. 34, as added by section 111(b)(2) of this Act, to have an SBIR program to standardize re- SEC. 206. GUARANTEE FEES. the following: porting requirements for the collection of Section 7(a)(18) of the Small Business Act ‘‘SEC. 35. MENTORING NETWORKS. data from SBIR applicants and awardees, in- (15 U.S.C. 636(a)(18)) is amended to read as ‘‘(a) FINDINGS.—Congress finds that— cluding data for inclusion in the database follows: ‘‘(1) the SBIR and STTR programs create under subsection (k), taking into consider- ‘‘(18) GUARANTEE FEES.— jobs, increase capacity for technological in- ation the unique needs of each agency, and ‘‘(A) IN GENERAL.—With respect to each novation, and boost international competi- to the extent possible, permitting the updat- loan guaranteed under this subsection (other tiveness; ing of previously reported information by than a loan that is repayable in 1 year or ‘‘(2) increasing the quantity of applications electronic means. Such requirements shall less), the Administration shall collect a from all States to the SBIR and STTR pro- be designed to minimize the burden on small guarantee fee, which shall be payable by the grams would enhance competition for such businesses.’’. participating lender, and may be charged to awards and the quality of the completed SEC. 114. RURAL OUTREACH PROGRAM EXTEN- the borrower, as follows: projects; and SION. ‘‘(i) A guarantee fee equal to 2 percent of ‘‘(3) mentoring is a natural complement to (a) EXTENSION OF TERMINATION DATE.—Sec- the deferred participation share of a total the FAST program of reaching out to new tion 501(b)(2) of the Small Business Reau- loan amount that is not more than $150,000.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9624 CONGRESSIONAL RECORD — SENATE October 2, 2000 ‘‘(ii) A guarantee fee equal to 3 percent of (1) by striking ‘‘$25,000’’ and inserting (15 U.S.C. 695 et seq.) is amended by adding the deferred participation share of a total ‘‘$35,000’’; and at the end the following: loan amount that is more than $150,000, but (2) by striking ‘‘short-term,’’. ‘‘SEC. 510. FORECLOSURE AND LIQUIDATION OF less than $700,000. TITLE III—CERTIFIED DEVELOPMENT LOANS. ‘‘(iii) A guarantee fee equal to 3.5 percent COMPANY PROGRAM of the deferred participation share of a total ‘‘(a) DELEGATION OF AUTHORITY.—In accord- SEC. 301. SHORT TITLE. ance with this section, the Administration loan amount that is more than $700,000. This title may be cited as the ‘‘Certified ‘‘(B) RETENTION OF CERTAIN FEES.—Lenders shall delegate to any qualified State or local Development Company Program Improve- development company (as defined in section participating in the programs established ments Act of 2000’’. under this subsection may retain not more 503(e)) that meets the eligibility require- SEC. 302. WOMEN-OWNED BUSINESSES. ments of subsection (b)(1) the authority to than 25 percent of a fee collected under sub- Section 501(d)(3)(C) of the Small Business paragraph (A)(i).’’. foreclose and liquidate, or to otherwise treat Investment Act of 1958 (15 U.S.C. 695(d)(3)(C)) in accordance with this section, defaulted SEC. 207. LEASE TERMS. is amended by inserting before the comma loans in its portfolio that are funded with Section 7(a) of the Small Business Act (15 ‘‘or women-owned business development’’. the proceeds of debentures guaranteed by the U.S.C. 636(a)) is further amended by adding SEC. 303. MAXIMUM DEBENTURE SIZE. Administration under section 503. at the end the following: Section 502(2) of the Small Business Invest- ‘‘(28) LEASING.—In addition to such other ment Act of 1958 (15 U.S.C. 696(2)) is amended ‘‘(b) ELIGIBILITY FOR DELEGATION.— lease arrangements as may be authorized by to read as follows: ‘‘(1) REQUIREMENTS.—A qualified State or the Administration, a borrower may perma- ‘‘(2) Loans made by the Administration local development company shall be eligible nently lease to one or more tenants not more under this section shall be limited to for a delegation of authority under sub- than 20 percent of any property constructed $1,000,000 for each such identifiable small section (a) if— with the proceeds of a loan guaranteed under business concern, except loans meeting the ‘‘(A) the company— this subsection, if the borrower permanently criteria specified in section 501(d)(3), which ‘‘(i) has participated in the loan liquida- occupies and uses not less than 60 percent of shall be limited to $1,300,000 for each such tion pilot program established by the Small the total business space in the property.’’. identifiable small business concern.’’. Business Programs Improvement Act of 1996 (15 U.S.C. 695 note), as in effect on the day SEC. 208. MICROLOAN PROGRAM. SEC. 304. FEES. before promulgation of final regulations by (a) IN GENERAL.—Section 7(m) of the Small Section 503(f) of the Small Business Invest- the Administration implementing this sec- Business Act (15 U.S.C. 636(m)) is amended— ment Act of 1958 (15 U.S.C. 697(f)) is amended tion; (1) in paragraphs (1)(B)(iii) and (3)(E), by to read as follows: striking ‘‘$25,000’’ each place it appears and ‘‘(f) EFFECTIVE DATE.—The fees authorized ‘‘(ii) is participating in the Premier Cer- inserting ‘‘$35,000’’; by subsections (b) and (d) shall apply to tified Lenders Program under section 508; or (2) in paragraphs (1)(A)(iii)(I), (3)(A)(ii), financings approved by the Administration ‘‘(iii) during the 3 fiscal years immediately and (4)(C)(i)(II), by striking ‘‘$7,500’’ each on or after October 1, 1996, but shall not prior to seeking such a delegation, has made place it appears and inserting ‘‘$10,000’’; apply to financings approved by the Admin- an average of not less than 10 loans per year (3) in paragraph (1)(B)(i), by striking istration on or after October 1, 2003.’’. that are funded with the proceeds of deben- tures guaranteed under section 503; and ‘‘short-term,’’; SEC. 305. PREMIER CERTIFIED LENDERS PRO- (4) in paragraph (2)(B), by inserting before GRAM. ‘‘(B) the company— the period ‘‘, or equivalent experience, as de- Section 217(b) of the Small Business Ad- ‘‘(i) has one or more employees— termined by the Administration’’; ministration Reauthorization and Amend- ‘‘(I) with not less than 2 years of sub- (5) in paragraph (3)(E), by striking ments Act of 1994 (Public Law 103–403, 15 stantive, decision-making experience in ad- ‘‘$15,000’’ and inserting ‘‘$20,000’’; U.S.C. 697 note) (relating to section 508 of the ministering the liquidation and workout of (6) in paragraph (4)(E)— Small Business Investment Act of 1958) is re- problem loans secured in a manner substan- (A) by striking clause (i) and inserting the pealed. tially similar to loans funded with the pro- following: SEC. 306. SALE OF CERTAIN DEFAULTED LOANS. ceeds of debentures guaranteed under section ‘‘(i) IN GENERAL.—Each intermediary may Section 508 of the Small Business Invest- 503; and expend the grant funds received under the ment Act of 1958 (15 U.S.C. 697e) is amended— ‘‘(II) who have completed a training pro- program authorized by this subsection to (1) in subsection (a), by striking ‘‘On a gram on loan liquidation developed by the provide or arrange for loan technical assist- pilot program basis, the’’ and inserting Administration in conjunction with qualified ance to small business concerns that are bor- ‘‘The’’; State and local development companies that rowers or prospective borrowers under this (2) by redesignating subsections (d) meet the requirements of this paragraph; or subsection.’’; and through (i) as subsections (e) through (j), re- ‘‘(ii) submits to the Administration docu- (B) in clause (ii), by striking ‘‘25’’ and in- spectively; mentation demonstrating that the company serting ‘‘35’’; (3) in subsection (f) (as redesignated by has contracted with a qualified third-party (7) in paragraph (5)(A)— paragraph (2)), by striking ‘‘subsection (f)’’ to perform any liquidation activities and se- (A) by striking ‘‘25 grants’’ and inserting and inserting ‘‘subsection (g)’’; cures the approval of the contract by the Ad- ‘‘55 grants’’; and (4) in subsection (h) (as redesignated by ministration with respect to the qualifica- (B) by striking ‘‘$125,000’’ and inserting paragraph (2)), by striking ‘‘subsection (f)’’ tions of the contractor and the terms and ‘‘$200,000’’; and inserting ‘‘subsection (g)’’; and conditions of liquidation activities. (8) in paragraph (6)(B), by striking (5) by inserting after subsection (c) the fol- ‘‘(2) CONFIRMATION.—On request the Ad- ‘‘$10,000’’ and inserting ‘‘$15,000’’; lowing: ministration shall examine the qualifica- (9) in paragraph (7), by striking subpara- ‘‘(d) SALE OF CERTAIN DEFAULTED LOANS.— tions of any company described in subsection graph (A) and inserting the following: ‘‘(1) NOTICE.—If, upon default in repay- (a) to determine if such company is eligible ‘‘(A) NUMBER OF PARTICIPANTS.—Under the ment, the Administration acquires a loan for the delegation of authority under this program authorized by this subsection, the guaranteed under this section and identifies section. If the Administration determines Administration may fund, on a competitive such loan for inclusion in a bulk asset sale of that a company is not eligible, the Adminis- basis, not more than— defaulted or repurchased loans or other tration shall provide the company with the ‘‘(i) 250 intermediaries in fiscal year 2001; financings, it shall give prior notice thereof reasons for such ineligibility. ‘‘(ii) 300 intermediaries in fiscal year 2002; to any certified development company which ‘‘(c) SCOPE OF DELEGATED AUTHORITY.— and has a contingent liability under this section. ‘‘(1) IN GENERAL.—Each qualified State or ‘‘(iii) 350 intermediaries in fiscal year The notice shall be given to the company as local development company to which the Ad- 2003.’’; and soon as possible after the financing is identi- ministration delegates authority under sec- (10) in paragraph (9), by adding at the end fied, but not less than 90 days before the date tion (a) may with respect to any loan de- the following: the Administration first makes any records scribed in subsection (a)— ‘‘(D) PEER-TO-PEER CAPACITY BUILDING AND on such financing available for examination ‘‘(A) perform all liquidation and fore- TRAINING.—The Administrator may use not by prospective purchasers prior to its offer- closure functions, including the purchase in more than $1,000,000 of the annual appropria- ing in a package of loans for bulk sale. accordance with this subsection of any other tion to the Administration for technical as- ‘‘(2) LIMITATIONS.—The Administration indebtedness secured by the property secur- sistance grants to subcontract with 1 or shall not offer any loan described in para- ing the loan, in a reasonable and sound man- more national trade associations of eligible graph (1) as part of a bulk sale unless it— ner according to commercially accepted intermediaries under this subsection to pro- ‘‘(A) provides prospective purchasers with practices, pursuant to a liquidation plan ap- vide peer-to-peer capacity building and the opportunity to examine the Administra- proved in advance by the Administration training to lenders under this subsection and tion’s records with respect to such loan; and under paragraph (2)(A); organizations seeking to become lenders ‘‘(B) provides the notice required by para- ‘‘(B) litigate any matter relating to the under this subsection.’’. graph (1).’’. performance of the functions described in (b) CONFORMING AMENDMENTS.—Section SEC. 307. LOAN LIQUIDATION. subparagraph (A), except that the Adminis- 7(n)(11)(B) of the Small Business Act (15 (a) LIQUIDATION AND FORECLOSURE.—Title V tration may— U.S.C. 636(n)(11)(B)) is amended— of the Small Business Investment Act of 1958 ‘‘(i) defend or bring any claim if—

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9625 ‘‘(I) the outcome of the litigation may ad- ‘‘(i) consider an offer made by an obligor to ‘‘(C) With respect to all loans subject to versely affect the Administration’s manage- compromise the debt for less than the full foreclosure, liquidation, or mitigation under ment of the loan program established under amount owing; and this section, the totals of each of the section 502; or ‘‘(ii) pursuant to such an offer, release any amounts described in clauses (i) through (v) ‘‘(II) the Administration is entitled to obligor or other party contingently liable, if of subparagraph (A). legal remedies not available to a qualified the company secures the written approval of ‘‘(D) A comparison between— State or local development company and the Administration. ‘‘(i) the information provided under sub- such remedies will benefit either the Admin- ‘‘(E) CONTENTS OF NOTICE OF NO DECISION.— paragraph (C) with respect to the 12-month istration or the qualified State or local de- Any notice provided by the Administration period preceding the date on which the re- velopment company; or under subparagraphs (A)(ii)(II), (B)(ii)(II), or port is submitted; and ‘‘(ii) oversee the conduct of any such liti- (C)(ii)(II)— ‘‘(ii) the same information with respect to gation; and ‘‘(i) shall be in writing; loans foreclosed and liquidated, or otherwise ‘‘(C) take other appropriate actions to ‘‘(ii) shall state the specific reason for the treated, by the Administration during the mitigate loan losses in lieu of total liquida- Administration’s inability to act on a plan same period. tion or foreclosures, including the restruc- or request; ‘‘(E) The number of times that the Admin- turing of a loan in accordance with prudent ‘‘(iii) shall include an estimate of the addi- istration has failed to approve or reject a liq- loan servicing practices and pursuant to a tional time required by the Administration uidation plan in accordance with subpara- workout plan approved in advance by the Ad- to act on the plan or request; and graph (A)(i), a workout plan in accordance ministration under paragraph (2)(C). ‘‘(iv) if the Administration cannot act be- with subparagraph (C)(i), or to approve or ‘‘(2) ADMINISTRATION APPROVAL.— cause insufficient information or docu- deny a request for purchase of indebtedness ‘‘(A) LIQUIDATION PLAN.— mentation was provided by the company sub- under subparagraph (B)(i), including specific ‘‘(i) IN GENERAL.—Before carrying out func- mitting the plan or request, shall specify the information regarding the reasons for the tions described in paragraph (1)(A), a quali- nature of such additional information or doc- Administration’s failure and any delays that fied State or local development company umentation. resulted.’’. (b) REGULATIONS.— shall submit to the Administration a pro- ‘‘(3) CONFLICT OF INTEREST.—In carrying posed liquidation plan. out functions described in paragraph (1), a (1) IN GENERAL.—Not later than 150 days ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— qualified State or local development com- after the date of enactment of this Act, the ‘‘(I) TIMING.—Not later than 15 business pany shall take no action that would result Administrator shall issue such regulations as may be necessary to carry out section 510 days after a liquidation plan is received by in an actual or apparent conflict of interest of the Small Business Investment Act of the Administration under clause (i), the Ad- between the company (or any employee of 1958, as added by subsection (a) of this sec- ministration shall approve or reject the plan. the company) and any third party lender, as- tion. ‘‘(II) NOTICE OF NO DECISION.—With respect sociate of a third party lender, or any other (2) TERMINATION OF PILOT PROGRAM.—Be- to any plan that cannot be approved or de- person participating in a liquidation, fore- ginning on the date on which final regula- nied within the 15-day period required by closure, or loss mitigation action. subclause (I), the Administration shall with- tions are issued under paragraph (1), section USPENSION OR REVOCATION OF AU- in such period provide in accordance with ‘‘(d) S 204 of the Small Business Programs Improve- subparagraph (E) notice to the company that THORITY.—The Administration may revoke ment Act of 1996 (15 U.S.C. 695 note) shall submitted the plan. or suspend a delegation of authority under cease to have effect. this section to any qualified State or local ‘‘(iii) ROUTINE ACTIONS.—In carrying out TITLE IV—CORRECTIONS TO THE SMALL development company, if the Administration functions described in paragraph (1)(A), a BUSINESS INVESTMENT ACT OF 1958 qualified State or local development com- determines that the company— ‘‘(1) does not meet the requirements of sub- SEC. 401. SHORT TITLE. pany may undertake routine actions not ad- This title may be cited as the ‘‘Small Busi- dressed in a liquidation plan without obtain- section (b)(1); ‘‘(2) has violated any applicable rule or reg- ness Investment Corrections Act of 2000’’. ing additional approval from the Adminis- SEC. 402. DEFINITIONS. tration. ulation of the Administration or any other applicable law; or (a) SMALL BUSINESS CONCERN.—Section ‘‘(B) PURCHASE OF INDEBTEDNESS.— 103(5)(A)(i) of the Small Business Investment ‘‘(i) IN GENERAL.—In carrying out functions ‘‘(3) fails to comply with any reporting re- quirement that may be established by the Act of 1958 (15 U.S.C. 662(5)(A)(i)) is amended described in paragraph (1)(A), a qualified by inserting before the semicolon at the end State or local development company shall Administration relating to carrying out of functions described in paragraph (1). the following: ‘‘regardless of the allocation submit to the Administration a request for of control during the investment period written approval before committing the Ad- ‘‘(e) REPORT.— under any investment agreement between ministration to the purchase of any other in- ‘‘(1) IN GENERAL.—Based on information the business concern and the entity making debtedness secured by the property securing provided by qualified State and local devel- the investment’’. a defaulted loan. opment companies and the Administration, (b) LONG TERM.—Section 103 of the Small ‘‘(ii) ADMINISTRATION ACTION ON REQUEST.— the Administration shall annually submit to Business Investment Act of 1958 (15 U.S.C. ‘‘(I) TIMING.—Not later than 15 business the Committees on Small Business of the 662) is amended— days after receiving a request under clause House of Representatives and of the Senate a (1) in paragraph (15), by striking ‘‘and’’ at (i), the Administration shall approve or deny report on the results of delegation of author- the end; the request. ity under this section. (2) in paragraph (16), by striking the period ‘‘(II) NOTICE OF NO DECISION.—With respect ‘‘(2) CONTENTS.—Each report submitted at the end and inserting ‘‘; and’’; and to any request that cannot be approved or under paragraph (1) shall include the fol- (3) by adding at the end the following: denied within the 15-day period required by lowing information: ‘‘(17) the term ‘long term’, when used in subclause (I), the Administration shall with- ‘‘(A) With respect to each loan foreclosed connection with equity capital or loan funds in such period provide in accordance with or liquidated by a qualified State or local de- invested in any small business concern or subparagraph (E) notice to the company that velopment company under this section, or smaller enterprise, means any period of time submitted the request. for which losses were otherwise mitigated by not less than 1 year.’’. ‘‘(C) WORKOUT PLAN.— the company pursuant to a workout plan SEC. 403. INVESTMENT IN SMALL BUSINESS IN- ‘‘(i) IN GENERAL.—In carrying out functions under this section— VESTMENT COMPANIES. described in paragraph (1)(C), a qualified ‘‘(i) the total cost of the project financed Section 302(b) of the Small Business In- State or local development company shall with the loan; vestment Act of 1958 (15 U.S.C. 682(b)) is submit to the Administration a proposed ‘‘(ii) the total original dollar amount guar- amended— workout plan. anteed by the Administration; (1) by striking ‘‘(b) Notwithstanding’’ and ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— ‘‘(iii) the total dollar amount of the loan at inserting the following: ‘‘(I) TIMING.—Not later than 15 business the time of liquidation, foreclosure, or miti- ‘‘(b) FINANCIAL INSTITUTION INVESTMENTS.— days after a workout plan is received by the gation of loss; ‘‘(1) CERTAIN BANKS.—Notwithstanding’’; Administration under clause (i), the Admin- ‘‘(iv) the total dollar losses resulting from and istration shall approve or reject the plan. the liquidation, foreclosure, or mitigation of (2) by adding at the end the following: ‘‘(II) NOTICE OF NO DECISION.—With respect loss; and ‘‘(2) CERTAIN SAVINGS ASSOCIATIONS.—Not- to any workout plan that cannot be approved ‘‘(v) the total recoveries resulting from the withstanding any other provision of law, any or denied within the 15-day period required liquidation, foreclosure, or mitigation of Federal savings association may invest in by subclause (I), the Administration shall loss, both as a percentage of the amount any 1 or more small business investment within such period provide in accordance guaranteed and the total cost of the project companies, or in any entity established to with subparagraph (E) notice to the company financed. invest solely in small business investment that submitted the plan. ‘‘(B) With respect to each qualified State companies, except that in no event may the ‘‘(D) COMPROMISE OF INDEBTEDNESS.—In or local development company to which au- total amount of such investments by any carrying out functions described in para- thority is delegated under this section, the such Federal savings association exceed 5 graph (1)(A), a qualified State or local devel- totals of each of the amounts described in percent of the capital and surplus of the Fed- opment company may— clauses (i) through (v) of subparagraph (A). eral savings association.’’.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9626 CONGRESSIONAL RECORD — SENATE October 2, 2000 SEC. 404. SUBSIDY FEES. ‘‘(iv) $50,000,000 in loans as provided in sec- thorized to enter into guarantees not to ex- (a) DEBENTURES.—Section 303(b) of the tion 7(m). ceed $5,000,000,000 of which not more than 50 Small Business Investment Act of 1958 (15 ‘‘(C) For the programs authorized by title percent may be in bonds approved pursuant U.S.C. 683(b)) is amended by striking ‘‘plus III of the Small Business Investment Act of to section 411(a)(3) of that Act. an additional charge of 1 percent per annum 1958, the Administration is authorized to ‘‘(E) The Administration is authorized to which shall be paid to and retained by the make— make grants or enter cooperative agree- Administration’’ and inserting ‘‘plus, for de- ‘‘(i) $2,500,000,000 in purchases of partici- ments for a total amount of $6,000,000 for the bentures issued after September 30, 2000, an pating securities; and Service Corps of Retired Executives program additional charge, in an amount established ‘‘(ii) $1,500,000,000 in guarantees of deben- authorized by section 8(b)(1). annually by the Administration, of not more tures. ‘‘(2) ADDITIONAL AUTHORIZATIONS.— than 1 percent per year as necessary to re- ‘‘(D) For the programs authorized by part ‘‘(A) There are authorized to be appro- duce to zero the cost (as defined in section B of title IV of the Small Business Invest- priated to the Administration for fiscal year 502 of the Federal Credit Reform Act of 1990 ment Act of 1958, the Administration is au- 2002 such sums as may be necessary to carry (2 U.S.C. 661a)) to the Administration of pur- thorized to enter into guarantees not to ex- out the provisions of this Act not elsewhere chasing and guaranteeing debentures under ceed $4,000,000,000 of which not more than 50 provided for, including administrative ex- this Act, which shall be paid to and retained percent may be in bonds approved pursuant penses and necessary loan capital for dis- by the Administration’’. to section 411(a)(3) of that Act. aster loans pursuant to section 7(b), and to (b) PARTICIPATING SECURITIES.—Section ‘‘(E) The Administration is authorized to carry out title IV of the Small Business In- 303(g)(2) of the Small Business Investment make grants or enter cooperative agree- vestment Act of 1958, including salaries and Act of 1958 (15 U.S.C. 683(g)(2)) is amended by ments for a total amount of $5,000,000 for the expenses of the Administration. striking ‘‘plus an additional charge of 1 per- Service Corps of Retired Executives program ‘‘(B) Notwithstanding any other provision cent per annum which shall be paid to and authorized by section 8(b)(1). of this paragraph, for fiscal year 2002— retained by the Administration’’ and insert- ‘‘(2) ADDITIONAL AUTHORIZATIONS.— ‘‘(i) no funds are authorized to be used as ing ‘‘plus, for participating securities issued ‘‘(A) There are authorized to be appro- loan capital for the loan program authorized after September 30, 2000, an additional priated to the Administration for fiscal year by section 7(a)(21) except by transfer from charge, in an amount established annually 2001 such sums as may be necessary to carry another Federal department or agency to the by the Administration, of not more than 1 out the provisions of this Act not elsewhere Administration, unless the program level au- percent per year as necessary to reduce to provided for, including administrative ex- thorized for general business loans under zero the cost (as defined in section 502 of the penses and necessary loan capital for dis- paragraph (1)(B)(i) is fully funded; and Federal Credit Reform Act of 1990 (2 U.S.C. aster loans pursuant to section 7(b), and to ‘‘(ii) the Administration may not approve 661a)) to the Administration of purchasing carry out title IV of the Small Business In- loans on its own behalf or on behalf of any and guaranteeing participating securities vestment Act of 1958, including salaries and other Federal department or agency, by con- under this Act, which shall be paid to and re- expenses of the Administration. tract or otherwise, under terms and condi- tained by the Administration’’. ‘‘(B) Notwithstanding any other provision tions other than those specifically author- of this paragraph, for fiscal year 2001— ized under this Act or the Small Business In- SEC. 405. DISTRIBUTIONS. ‘‘(i) no funds are authorized to be used as vestment Act of 1958, except that it may ap- Section 303(g)(8) of the Small Business In- loan capital for the loan program authorized prove loans under section 7(a)(21) of this Act vestment Act of 1958 (15 U.S.C. 683(g)(8)) is by section 7(a)(21) except by transfer from in gross amounts of not more than $1,250,000. amended— another Federal department or agency to the ‘‘(i) FISCAL YEAR 2003.— (1) by striking ‘‘subchapter s corporation’’ Administration, unless the program level au- ‘‘(1) PROGRAM LEVELS.—The following pro- and inserting ‘‘subchapter S corporation’’; thorized for general business loans under gram levels are authorized for fiscal year (2) by striking ‘‘the end of any calendar paragraph (1)(B)(i) is fully funded; and 2003: quarter based on a quarterly’’ and inserting ‘‘(ii) the Administration may not approve ‘‘(A) For the programs authorized by this ‘‘any time during any calendar quarter based loans on its own behalf or on behalf of any Act, the Administration is authorized to on an’’; and other Federal department or agency, by con- make— (3) by striking ‘‘quarterly distributions for tract or otherwise, under terms and condi- ‘‘(i) $70,000,000 in technical assistance a calendar year,’’ and inserting ‘‘interim dis- tions other than those specifically author- grants as provided in section 7(m); and tributions for a calendar year,’’. ized under this Act or the Small Business In- ‘‘(ii) $100,000,000 in direct loans, as provided SEC. 406. CONFORMING AMENDMENT. vestment Act of 1958, except that it may ap- in 7(m). Section 310(c)(4) of the Small Business In- prove loans under section 7(a)(21) of this Act ‘‘(B) For the programs authorized by this vestment Act of 1958 (15 U.S.C. 687b(c)(4)) is in gross amounts of not more than $1,250,000. Act, the Administration is authorized to amended by striking ‘‘five years’’ and insert- ‘‘(h) FISCAL YEAR 2002.— make $21,550,000,000 in deferred participation ing ‘‘1 year’’. ‘‘(1) PROGRAM LEVELS.—The following pro- loans and other financings. Of such sum, the gram levels are authorized for fiscal year Administration is authorized to make— TITLE V—REAUTHORIZATION OF SMALL 2002: ‘‘(i) $16,000,000,000 in general business loans BUSINESS PROGRAMS ‘‘(A) For the programs authorized by this as provided in section 7(a); SEC. 501. SHORT TITLE. Act, the Administration is authorized to ‘‘(ii) $5,000,000,000 in financings as provided This title may be cited as the ‘‘Small Busi- make— in section 7(a)(13) of this Act and section 504 ness Programs Reauthorization Act of 2000’’. ‘‘(i) $60,000,000 in technical assistance of the Small Business Investment Act of SEC. 502. REAUTHORIZATION OF SMALL BUSI- grants as provided in section 7(m); and 1958; NESS PROGRAMS. ‘‘(ii) $80,000,000 in direct loans, as provided ‘‘(iii) $500,000,000 in loans as provided in Section 20 of the Small Business Act (15 in 7(m). section 7(a)(21); and U.S.C. 631 note) is amended by adding at the ‘‘(B) For the programs authorized by this ‘‘(iv) $50,000,000 in loans as provided in sec- end the following: Act, the Administration is authorized to tion 7(m). ‘‘(g) FISCAL YEAR 2001.— make $20,050,000,000 in deferred participation ‘‘(C) For the programs authorized by title ‘‘(1) PROGRAM LEVELS.—The following pro- loans and other financings. Of such sum, the III of the Small Business Investment Act of gram levels are authorized for fiscal year Administration is authorized to make— 1958, the Administration is authorized to 2001: ‘‘(i) $15,000,000,000 in general business loans make— ‘‘(A) For the programs authorized by this as provided in section 7(a); ‘‘(i) $4,000,000,000 in purchases of partici- Act, the Administration is authorized to ‘‘(ii) $4,500,000,000 in financings as provided pating securities; and make— in section 7(a)(13) of this Act and section 504 ‘‘(ii) $3,000,000,000 in guarantees of deben- ‘‘(i) $45,000,000 in technical assistance of the Small Business Investment Act of tures. grants as provided in section 7(m); and 1958; ‘‘(D) For the programs authorized by part ‘‘(ii) $60,000,000 in direct loans, as provided ‘‘(iii) $500,000,000 in loans as provided in B of title IV of the Small Business Invest- in 7(m). section 7(a)(21); and ment Act of 1958, the Administration is au- ‘‘(B) For the programs authorized by this ‘‘(iv) $50,000,000 in loans as provided in sec- thorized to enter into guarantees not to ex- Act, the Administration is authorized to tion 7(m). ceed $6,000,000,000 of which not more than 50 make $19,050,000,000 in deferred participation ‘‘(C) For the programs authorized by title percent may be in bonds approved pursuant loans and other financings. Of such sum, the III of the Small Business Investment Act of to section 411(a)(3) of that Act. Administration is authorized to make— 1958, the Administration is authorized to ‘‘(E) The Administration is authorized to ‘‘(i) $14,500,000,000 in general business loans make— make grants or enter into cooperative agree- as provided in section 7(a); ‘‘(i) $3,500,000,000 in purchases of partici- ments for a total amount of $7,000,000 for the ‘‘(ii) $4,000,000,000 in financings as provided pating securities; and Service Corps of Retired Executives program in section 7(a)(13) of this Act and section 504 ‘‘(ii) $2,500,000,000 in guarantees of deben- authorized by section 8(b)(1). of the Small Business Investment Act of tures. ‘‘(2) ADDITIONAL AUTHORIZATIONS.— 1958; ‘‘(D) For the programs authorized by part ‘‘(A) There are authorized to be appro- ‘‘(iii) $500,000,000 in loans as provided in B of title IV of the Small Business Invest- priated to the Administration for fiscal year section 7(a)(21); and ment Act of 1958, the Administration is au- 2003 such sums as may be necessary to carry

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9627 out the provisions of this Act not elsewhere as it determines necessary to ensure that tive Claims Settlement Act (43 U.S.C. provided for, including administrative ex- such cooperation does not constitute or 1626(e)(1))); or penses and necessary loan capital for dis- imply an endorsement by the Administration ‘‘(ii) a direct or indirect subsidiary cor- aster loans pursuant to section 7(b), and to of the organization or its products or serv- poration, joint venture, or partnership of an carry out title IV of the Small Business In- ices, and shall ensure that it receives appro- Alaska Native Corporation qualifying pursu- vestment Act of 1958, including salaries and priate recognition in all printed materials); ant to section 29(e)(1) of the Alaska Native expenses of the Administration. and Claims Settlement Act (43 U.S.C. 1626(e)(1)), ‘‘(B) Notwithstanding any other provision ‘‘(bb) other Federal and State agencies; if that subsidiary, joint venture, or partner- of this paragraph, for fiscal year 2003— ‘‘(III) by maintaining a clearinghouse for ship is owned and controlled by Natives (as ‘‘(i) no funds are authorized to be used as information on managing, financing, and op- determined pursuant to section 29(e)(2)) of loan capital for the loan program authorized erating small business enterprises; and the Alaska Native Claims Settlement Act (43 by section 7(a)(21) except by transfer from ‘‘(IV) by disseminating such information, U.S.C. 1626(e)(2))); or another Federal department or agency to the including through recognition events, and by ‘‘(C) a small business concern— Administration, unless the program level au- other activities that the Administration de- ‘‘(i) that is wholly owned by 1 or more In- thorized for general business loans under termines to be appropriate; and dian tribal governments, or by a corporation paragraph (1)(B)(i) is fully funded; and ‘‘(ii) through cooperation with a profit- that is wholly owned by 1 or more Indian ‘‘(ii) the Administration may not approve making concern (referred to in this para- tribal governments; or loans on its own behalf or on behalf of any graph as a ‘cosponsor’), training, informa- ‘‘(ii) that is owned in part by 1 or more In- other Federal department or agency, by con- tion, and education to small business con- dian tribal governments, or by a corporation tract or otherwise, under terms and condi- cerns, except that the Administration shall— that is wholly owned by 1 or more Indian tions other than those specifically author- ‘‘(I) take such actions as it determines to tribal governments, if all other owners are ized under this Act or the Small Business In- be appropriate to ensure that— either United States citizens or small busi- vestment Act of 1958, except that it may ap- ‘‘(aa) the Administration receives appro- ness concerns.’’. prove loans under section 7(a)(21) of this Act priate recognition and publicity; SEC. 603. QUALIFIED HUBZONE SMALL BUSINESS in gross amounts of not more than ‘‘(bb) the cooperation does not constitute CONCERN. $1,250,000.’’. or imply an endorsement by the Administra- (a) IN GENERAL.—Section 3(p)(5)(A)(i) of the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)) SEC. 503. ADDITIONAL REAUTHORIZATIONS. tion of any product or service of the cospon- sor; is amended by striking subclauses (I) and (II) (a) DRUG-FREE WORKPLACE PROGRAM.—Sec- and inserting the following: ‘‘(cc) unnecessary promotion of the prod- tion 27 of the Small Business Act (15 U.S.C. ‘‘(I) it is a HUBZone small business con- ucts or services of the cosponsor is avoided; 654) is amended— cern— and (1) in the section heading, by striking ‘‘(aa) pursuant to subparagraph (A) or (B) ‘‘(dd) utilization of any 1 cosponsor in a ‘‘DRUG-FREE WORKPLACE DEMONSTRA- of paragraph (3), and that its principal office marketing area is minimized; and TION PROGRAM’’ and inserting ‘‘PAUL D. is located in a HUBZone and not fewer than ‘‘(II) develop an agreement, executed on COVERDELL DRUG-FREE WORKPLACE 35 percent of its employees reside in a behalf of the Administration by an employee PROGRAM’’; and HUBZone; or of the Administration in Washington, the (2) in subsection (g)(1), by striking ‘‘(bb) pursuant to paragraph (3)(C), and not District of Columbia, that provides, at a ‘‘$10,000,000 for fiscal years 1999 and 2000’’ and fewer than 35 percent of its employees en- inserting ‘‘$5,000,000 for each of fiscal years minimum, that— gaged in performing a contract awarded to 2001 through 2003’’. ‘‘(aa) any printed material to announce the the small business concern on the basis of a (b) HUBZONE PROGRAM.—Section 31 of the cosponsorship or to be distributed at the co- preference provided under section 31(b) re- Small Business Act (15 U.S.C. 657a) is amend- sponsored activity, shall be approved in ad- side within any Indian reservation governed ed by adding at the end the following: vance by the Administration; by 1 or more of the tribal government own- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(bb) the terms and conditions of the co- ers, or reside within any HUBZone adjoining There is authorized to be appropriated to operation shall be specified; any such Indian reservation; carry out the program established by this ‘‘(cc) only minimal charges may be im- ‘‘(II) the small business concern will at- section $10,000,000 for each of fiscal years 2001 posed on any small business concern to cover tempt to maintain the applicable employ- through 2003.’’. the direct costs of providing the assistance; ment percentage under subclause (I) during (c) WOMEN’S BUSINESS ENTERPRISE DEVEL- ‘‘(dd) the Administration may provide to the performance of any contract awarded to OPMENT PROGRAMS.—Section 411 of the Wom- the cosponsorship mailing labels, but not the small business concern on the basis of a en’s Business Ownership Act (Public Law lists of names and addresses of small busi- preference provided under section 31(b); 105–135; 15 U.S.C. 631 note) is amended by ness concerns compiled by the Administra- and’’. striking ‘‘$600,000, for each of fiscal years tion; (b) HUBZONE PILOT PROGRAM FOR SPARSE- 1998 through 2000,’’ and inserting ‘‘$1,000,000 ‘‘(ee) all printed materials containing the LY POPULATED AREAS.—Section 3(p)(5) of the for each of fiscal years 2001 through 2003,’’. names of both the Administration and the Small Business Act (15 U.S.C. 632(p)(5)) is (d) VERY SMALL BUSINESS CONCERNS PRO- cosponsor shall include a prominent dis- amended by adding at the end the following: GRAM.—Section 304(i) of the Small Business claimer that the cooperation does not con- ‘‘(E) HUBZONE PILOT PROGRAM FOR SPARSE- Administration Reauthorization and Amend- stitute or imply an endorsement by the Ad- LY POPULATED AREAS.— ments Act of 1994 (Public Law 103–403; 15 ministration of any product or service of the ‘‘(i) IN GENERAL.—Notwithstanding sub- U.S.C. 644 note) is amended by striking ‘‘Sep- cosponsor; and paragraph (A)(i)(I)(aa), during the period be- tember 30, 2000’’ and inserting ‘‘September ‘‘(ff) the Administration shall ensure that ginning on the date of enactment of the 30, 2003’’. it receives appropriate recognition in all co- Small Business Reauthorization Act of 2000 (e) SOCIALLY AND ECONOMICALLY DISADVAN- sponsorship printed materials.’’. and ending on September 30, 2003, a small TAGED BUSINESSES PROGRAM.—Section 7102(c) (b) EXTENSION OF COSPONSORSHIP AUTHOR- business concern, the principal office of of the Federal Acquisition Streamlining Act ITY.—Section 401(a)(2) of the Small Business which is located in the State of Alaska, an of 1994 (Public Law 103–355; 15 U.S.C. 644 Administration Reauthorization and Amend- Alaska Native Corporation under paragraph note) is amended by striking ‘‘September 30, ments Act of 1994 (15 U.S.C. 637 note) is (3)(B)(i), or a direct or indirect subsidiary, amended by striking ‘‘September 30, 2000’’ 2000’’ and inserting ‘‘September 30, 2003’’. joint venture, or partnership under para- and inserting ‘‘September 30, 2003’’. (f) SBDC SERVICES.—Section 21(c)(3)(T) of graph (3)(B)(ii) shall be considered to be a the Small Business Act (15 U.S.C. TITLE VI—HUBZONE PROGRAM qualified HUBZone small business concern 648(c)(3)(T)) is amended by striking ‘‘2000’’ Subtitle A—HUBZones in Native America if— and inserting ‘‘2003’’. SEC. 601. SHORT TITLE. ‘‘(I) its principal office is located within a SEC. 504. COSPONSORSHIP. This subtitle may be cited as the HUBZone within the State of Alaska; (a) IN GENERAL.—Section 8(b)(1)(A) of the ‘‘HUBZones in Native America Act of 2000’’. ‘‘(II) not fewer than 35 percent of its em- Small Business Act (15 U.S.C. 637(b)(1)(A)) is SEC. 602. HUBZONE SMALL BUSINESS CONCERN. ployees who will be engaged in performing a amended to read as follows: Section 3(p)(3) of the Small Business Act contract awarded to it on the basis of a pref- ‘‘(1)(A) to provide— (15 U.S.C. 632(p)(3)) is amended to read as fol- erence provided under section 31(b) will per- ‘‘(i) technical, managerial, and informa- lows: form their work in any HUBZone located tional aids to small business concerns— ‘‘(3) HUBZONE SMALL BUSINESS CONCERN.— within the State of Alaska; or ‘‘(I) by advising and counseling on matters The term ‘HUBZone small business concern’ ‘‘(III) not fewer than 35 percent of its em- in connection with Government procurement means— ployees reside in a HUBZone located within and policies, principles, and practices of good ‘‘(A) a small business concern that is the State of Alaska or in any Alaska Native management; owned and controlled by 1 or more persons, Village within the State of Alaska. ‘‘(II) by cooperating and advising with— each of whom is a United States citizen; ‘‘(ii) EXCEPTION.— ‘‘(aa) voluntary business, professional, edu- ‘‘(B) a small business concern that is— ‘‘(I) IN GENERAL.—Clause (i) shall not apply cational, and other nonprofit organizations, ‘‘(i) an Alaska Native Corporation owned in any fiscal year following a fiscal year in associations, and institutions (except that and controlled by Natives (as determined which the total amount of contract dollars the Administration shall take such actions pursuant to section 29(e)(1) of the Alaska Na- awarded in furtherance of the contracting

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9628 CONGRESSIONAL RECORD — SENATE October 2, 2000 goals established under section 15(g)(1) to 143(k)(2)(B) of the Internal Revenue Code of SEC. 614. COMMUNITY DEVELOPMENT. small business concerns located within the 1986) at the time of the most recent census Section 3(p) of the Small Business Act (15 State of Alaska is equal to more than 2 per- taken for purposes of selecting qualified cen- U.S.C. 632(p)), as amended by this Act, is cent of the total amount of such contract sus tracts under section 42(d)(5)(C)(ii) of the amended— dollars awarded to all small business con- Internal Revenue Code of 1986; and (1) in paragraph (3)— cerns nationally, based on data from the ‘‘(ii) in which— (A) in subparagraph (B), by striking ‘‘or’’ Federal Procurement Data System. ‘‘(I) the median household income is less at the end; ‘‘(II) LIMITATION.—Subclause (I) shall not than 80 percent of the nonmetropolitan State (B) in subparagraph (C), by striking the pe- be construed to disqualify a HUBZone small median household income, based on the most riod at the end and inserting ‘‘; or’’; and business concern from performing a contract recent data available from the Bureau of the (C) by adding at the end the following: awarded to it on the basis of a preference Census of the Department of Commerce; or ‘‘(D) a small business concern that is— provided under section 31(b), if such concern ‘‘(II) the unemployment rate is not less ‘‘(i) wholly owned by a community devel- was qualified under clause (i) at the time at than 140 percent of the Statewide average opment corporation that has received finan- which the contract was awarded.’’. unemployment rate for the State in which cial assistance under Part 1 of Subchapter A (c) CLARIFYING AMENDMENT.—Section the county is located, based on the most re- of the Community Economic Development 3(p)(5)(D)(i) of the Small Business Act (15 cent data available from the Secretary of Act of 1981 (42 U.S.C. 9805 et seq.); or U.S.C. 632(p)(5)(D)(i)) is amended by inserting Labor.’’. ‘‘(ii) owned in part by 1 or more commu- ‘‘once the Administrator has made the cer- SEC. 612. ELIGIBLE CONTRACTS. nity development corporations, if all other tification required by subparagraph (A)(i) re- (a) COMMODITIES CONTRACTS.—Section 31(b) owners are either United States citizens or garding a qualified HUBZone small business of the Small Business Act (15 U.S.C. 657a(b)) small business concerns.’’; and concern and has determined that subpara- is amended— (2) in paragraph (5)(A)(i)(I)(aa), by striking graph (A)(ii) does not apply to that con- (1) in paragraph (3)— ‘‘subparagraph (A) or (B)’’ and inserting cern,’’ before ‘‘include’’. (A) by striking ‘‘In any’’ and inserting the ‘‘subparagraph (A), (B), or (D)’’. SEC. 604. OTHER DEFINITIONS. following: SEC. 615. REFERENCE CORRECTIONS. Section 3(p) of the Small Business Act (15 ‘‘(A) IN GENERAL.—Subject to subparagraph (a) SECTION 3.—Section 3(p)(5)(C) of the U.S.C. 632(p)) is amended by adding at the (B), in any’’; and Small Business Act (15 U.S.C. 632(p)(5)(C)) is end the following: (B) by adding at the end the following: amended by striking ‘‘subclause (IV) and (V) ‘‘(6) NATIVE AMERICAN SMALL BUSINESS CON- ‘‘(B) PROCUREMENT OF COMMODITIES.—For of subparagraph (A)(i)’’ and inserting ‘‘items CERNS.— purchases by the Secretary of Agriculture of (aa) and (bb) of subparagraph (A)(i)(III)’’. ‘‘(A) ALASKA NATIVE CORPORATION.—The agricultural commodities, the price evalua- (b) SECTION 8.—Section 8(d)(4)(D) of the term ‘Alaska Native Corporation’ has the tion preference shall be— Small Business Act (15 U.S.C. 637(d)(4)(D)) is same meaning as the term ‘Native Corpora- ‘‘(i) 10 percent, for the portion of a con- amended by inserting ‘‘qualified HUBZone tion’ in section 3 of the Alaska Native tract to be awarded that is not greater than small business concerns,’’ after ‘‘small busi- Claims Settlement Act (43 U.S.C. 1602). 25 percent of the total volume being procured ‘‘(B) ALASKA NATIVE VILLAGE.—The term for each commodity in a single invitation; ness concerns,’’. ‘Alaska Native Village’ has the same mean- ‘‘(ii) 5 percent, for the portion of a contract TITLE VII—NATIONAL WOMEN’S BUSINESS ing as the term ‘Native village’ in section 3 to be awarded that is greater than 25 per- COUNCIL REAUTHORIZATION of the Alaska Native Claims Settlement Act cent, but not greater than 40 percent, of the SEC. 701. SHORT TITLE. (43 U.S.C. 1602). total volume being procured for each com- This title may be cited as the ‘‘National ‘‘(C) INDIAN RESERVATION.—The term ‘In- modity in a single invitation; and Women’s Business Council Reauthorization dian reservation’— ‘‘(iii) zero, for the portion of a contract to Act of 2000’’. ‘‘(i) has the same meaning as the term ‘In- be awarded that is greater than 40 percent of SEC. 702. DUTIES OF THE COUNCIL. dian country’ in section 1151 of title 18, the total volume being procured for each Section 406 of the Women’s Business Own- United States Code, except that such term commodity in a single invitation.’’; and ership Act of 1988 (15 U.S.C. 631 note) is does not include— (2) in paragraph (4), by striking ‘‘paragraph amended to read as follows: ‘‘(I) any lands that are located within a (2) or (3)’’ and inserting ‘‘this subsection’’. State in which a tribe did not exercise gov- (b) DEFINITIONS.—Section 3(p) of the Small ‘‘SEC. 406. DUTIES OF THE COUNCIL. ernmental jurisdiction on the date of enact- Business Act (15 U.S.C. 632(p)), as amended ‘‘(a) IN GENERAL.—The Council shall— ment of this paragraph, unless that tribe is by this Act, is amended— ‘‘(1) provide advice and counsel to the recognized after that date of enactment by (1) in paragraph (5)(A)(i)(III)— President and to the Congress on economic either an Act of Congress or pursuant to reg- (A) in item (aa), by striking ‘‘and’’ at the matters of importance to women business ulations of the Secretary of the Interior for end; and owners; the administrative recognition that an In- (B) by adding at the end the following: ‘‘(2) promote initiatives designed to in- dian group exists as an Indian tribe (part 83 ‘‘(cc) in the case of a contract for the pro- crease access to capital and to markets, of title 25, Code of Federal Regulations); and curement by the Secretary of Agriculture of training and technical assistance, research, ‘‘(II) lands taken into trust or acquired by agricultural commodities, none of the com- resources, and leadership opportunities for an Indian tribe after the date of enactment modity being procured will be obtained by and about women business owners; of this paragraph if such lands are not lo- the prime contractor through a subcontract ‘‘(3) provide a source of information and a cated within the external boundaries of an for the purchase of the commodity in sub- catalyst for action to support women’s busi- Indian reservation or former reservation or stantially the final form in which it is to be ness development; are not contiguous to the lands held in trust supplied to the Government; and’’; and ‘‘(4) promote the implementation of the or restricted status on that date of enact- (2) by adding at the end the following: policy agenda, initiatives and recommenda- ment; and ‘‘(7) AGRICULTURAL COMMODITY.—The term tions issued at Summit ’98, the National ‘‘(ii) in the State of Oklahoma, means ‘agricultural commodity’ has the same Women’s Economic Forum; lands that— meaning as in section 102 of the Agricultural ‘‘(5) review, coordinate, and monitor plans ‘‘(I) are within the jurisdictional areas of Trade Act of 1978 (7 U.S.C. 5602).’’. and programs developed in the public and an Oklahoma Indian tribe (as determined by SEC. 613. HUBZONE REDESIGNATED AREAS. private sectors that affect the ability of the Secretary of the Interior); and Section 3(p) of the Small Business Act (15 women-owned small business concerns to ob- ‘‘(II) are recognized by the Secretary of the U.S.C. 632(p)) is amended— tain capital and credit; Interior as eligible for trust land status (1) in paragraph (1)— ‘‘(6) work with— under part 151 of title 25, Code of Federal (A) in subparagraph (B), by striking ‘‘or’’ ‘‘(A) the Federal agencies for the purpose Regulations (as in effect on the date of en- at the end; of assisting them in meeting the 5 percent actment of this paragraph).’’. (B) in subparagraph (C), by striking the pe- women’s procurement goal established under Subtitle B—Other HUBZone Provisions riod at the end and inserting ‘‘; or’’; and section 15(g) of the Small Business Act; and SEC. 611. DEFINITIONS. (C) by adding at the end the following: ‘‘(B) the private sector in increasing con- (a) QUALIFIED CENSUS TRACT.—Section ‘‘(D) redesignated areas.’’; and tracting opportunities for women-owned 3(p)(4)(A) of the Small Business Act (15 (2) in paragraph (4), by adding at the end small business concerns; U.S.C. 632(p)(4)(A)) is amended by striking the following: ‘‘(7) promote and assist in the development ‘‘(I)’’. ‘‘(C) REDESIGNATED AREA.—The term ‘re- of a women’s business census and other sta- (b) QUALIFIED NONMETROPOLITAN COUNTY.— designated area’ means any census tract that tistical surveys of women-owned small busi- Section 3(p)(4) of the Small Business Act (15 ceases to be qualified under subparagraph (A) ness concerns; U.S.C. 632(p)(4)) is amended by striking sub- and any nonmetropolitan county that ceases ‘‘(8) support new and ongoing research on paragraph (B) and inserting the following: to be qualified under subparagraph (B), ex- women-owned small business concerns; ‘‘(B) QUALIFIED NONMETROPOLITAN COUN- cept that a census tract or a nonmetropoli- ‘‘(9) monitor and promote the plans, pro- TY.—The term ‘qualified nonmetropolitan tan county may be a ‘redesignated area’ only grams, and operations of the departments county’ means any county— for the 3-year period following the date on and agencies of the Federal Government that ‘‘(i) that was not located in a metropolitan which the census tract or nonmetropolitan may contribute to the establishment and statistical area (as defined in section county ceased to be so qualified.’’. growth of women’s business enterprise;

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9629 ‘‘(10) develop and promote new initiatives, ‘‘SEC. 409. STATE AND LOCAL ECONOMIC NET- bility of a small business concern that ap- policies, programs, and plans designed to fos- WORKS. plies for assistance under any credit program ter women’s business enterprise; and ‘‘The Council shall work with State and under this Act shall be determined without ‘‘(11) advise and consult with State and local officials and business leaders to develop regard to any ownership interest of a spouse local leaders to develop and implement pro- the infrastructure for women’s business en- arising solely from the application of the grams and policies that promote women’s terprise for the purpose of increasing wom- community property laws of a State for pur- business ownership. en’s effectiveness in shaping the economic poses of determining marital interests.’’. ‘‘(b) INTERACTION WITH THE INTERAGENCY agendas of their States and communities.’’. (b) SMALL BUSINESS INVESTMENT ACT OF COMMITTEE ON WOMEN’S BUSINESS ENTER- SEC. 705. STUDIES AND OTHER RESEARCH. 1958.—Section 502 of the Small Business In- PRISE.—The Council shall— Section 410 of the Women’s Business Own- vestment Act of 1958 (15 U.S.C. 696) is amend- ‘‘(1) advise the Interagency Committee on ership Act of 1988 (15 U.S.C. 631 note) is ed by adding at the end the following: Women’s Business Enterprise (in this section amended to read as follows: ‘‘(6) OWNERSHIP REQUIREMENTS.—Ownership referred to as the ‘Committee’) on matters ‘‘SEC. 410. STUDIES, OTHER RESEARCH, AND requirements to determine the eligibility of relating to the activities, functions, and ISSUE INITIATIVES. a small business concern that applies for as- policies of the Committee, as provided in ‘‘(a) IN GENERAL.— sistance under any credit program under this this title; and ‘‘(1) AUTHORITY.—The Council may, as it title shall be determined without regard to ‘‘(2) meet jointly with the Committee at determines to be appropriate, conduct such any ownership interest of a spouse arising the discretion of the chairperson of the studies, research, and issue initiatives relat- solely from the application of the commu- Council and the chairperson of the Com- ing to— nity property laws of a State for purposes of mittee, but not less frequently than bian- ‘‘(A) the award of Federal, State, local, and determining marital interests.’’. nually. private sector prime contracts and sub- SEC. 803. SUBCONTRACTING PREFERENCE FOR ‘‘(c) MEETINGS.—The Council shall meet contracts to women-owned businesses; and VETERANS. separately at such times as the Council ‘‘(B) access to credit and investment cap- Section 8(d) of the Small Business Act (15 deems necessary. A majority of the members ital by women entrepreneurs and business U.S.C. 637(d)) is amended— of the Council shall constitute a quorum for development assistance programs, including (1) in paragraph (1), by inserting ‘‘small the approval of recommendations or reports the identification of best practices. business concerns owned and controlled by issued pursuant to this section. ‘‘(2) PURPOSES.—Studies, research, and veterans,’’ after ‘‘small business concerns,’’ ‘‘(d) RECOMMENDATIONS AND REPORTS .— issue initiatives may be conducted under the first place that term appears in each of ‘‘(1) IN GENERAL.—Not later than 90 days paragraph (1) for purposes including— the first and second sentences; after the last day of each fiscal year, the ‘‘(A) identification of several focused out- (2) in paragraph (3)— Council shall— reach initiatives in nontraditional industry (A) in subparagraph (A), by inserting ‘‘(A) make recommendations for consider- sectors for the purpose of increasing con- ‘‘small business concerns owned and con- ation by the Committee; and tract awards to women in those areas; trolled by service-disabled veterans,’’ after ‘‘(B) submit a report to the President, the ‘‘(B) supporting the growth and prolifera- ‘‘small business concerns owned and con- Committee, the Administrator, the Com- tion of programs designed to prepare women trolled by veterans,’’ in each of the first and mittee on Small Business of the Senate, and to successfully access the equity capital second sentences; and the Committee on Small Business of the markets; (B) in subparagraph (F), by inserting House of Representatives, as described in ‘‘(C) continuing to identify and report on ‘‘small business concern owned and con- paragraph (2). financial best practices that have worked to trolled by service-disabled veterans,’’ after ‘‘(2) CONTENTS OF REPORTS.—The reports re- increase credit and capital availability to ‘‘small business concern owned and con- quired by paragraph (1) shall contain— women business owners; and trolled by veterans,’’; and ‘‘(A) a detailed description of the activities ‘‘(D) working with Women’s Business Cen- (3) in each of paragraphs (4)(D), (4)(E), of the Council during the preceding fiscal ters to develop programs and coordinate ac- (6)(A), (6)(C), (6)(F), and (10)(B), by inserting year, including a status report on the tivities. ‘‘small business concerns owned and con- progress of the Council toward meeting its ‘‘(b) CONTRACT AUTHORITY.—In conducting trolled by service-disabled veterans,’’ after duties under subsections (a); any study or other research under this sec- ‘‘small business concerns owned and con- ‘‘(B) the findings, conclusions, and rec- tion, the Council may contract with 1 or trolled by veterans,’’. ommendations of the Council; and more public or private entities.’’. SEC. 804. SMALL BUSINESS DEVELOPMENT CEN- ‘‘(C) the recommendations of the Council SEC. 706. AUTHORIZATION OF APPROPRIATIONS. for such legislation and administrative ac- TER PROGRAM FUNDING. Section 411 of the Women’s Business Own- (a) AUTHORIZATION.— tions as the Council considers to be appro- ership Act of 1988 (15 U.S.C. 631 note) is priate to promote the development of small (1) IN GENERAL.—Section 20(a)(1) of the amended to read as follows: Small Business Act (15 U.S.C. 631 note) is business concerns owned and controlled by ‘‘SEC. 411. AUTHORIZATION OF APPROPRIATIONS. women. amended by striking ‘‘For fiscal year 1985’’ ‘‘(a) IN GENERAL.—There is authorized to ‘‘(e) SEPARATE SUBMISSIONS.—The Adminis- and all that follows through ‘‘expended.’’ and be appropriated to carry out this title trator shall submit any additional, concur- inserting the following: ‘‘For fiscal year 2000 $1,000,000, for each of fiscal years 2001 ring, or dissenting views or recommenda- and each fiscal year thereafter, there are au- through 2003, of which $550,000 shall be avail- tions to the President, the Committee, and thorized to be appropriated such sums as able in each such fiscal year to carry out sec- the Congress separately from any rec- may be necessary and appropriate, to remain tions 409 and 410. ommendations or report submitted by the available until expended, and to be available ‘‘(b) BUDGET REVIEW.—No amount made Council under this section.’’. solely— available under this section for any fiscal ‘‘(A) to carry out the Small Business De- SEC. 703. MEMBERSHIP OF THE COUNCIL. year may be obligated or expended by the Section 407 of the Women’s Business Own- velopment Center Program under section 21, Council before the date on which the Council ership Act of 1988 (15 U.S.C. 631 note) is but not to exceed the annual funding level, reviews and approves the operating budget of amended— as specified in section 21(a); the Council to carry out the responsibilities (1) in subsection (a), by striking ‘‘Not ‘‘(B) to pay the expenses of the National of the Council for that fiscal year.’’. later’’ and all that follows through ‘‘the Small Business Development Center Advi- President’’ and inserting ‘‘The President’’; TITLE VIII—MISCELLANEOUS PROVISIONS sory Board, as provided in section 21(i); (2) in subsection (b)— SEC. 801. LOAN APPLICATION PROCESSING. ‘‘(C) to pay the expenses of the information (A) by striking ‘‘Not later’’ and all that (a) STUDY.—The Administrator of the sharing system, as provided in section follows through ‘‘the Administrator’’ and in- Small Business Administration shall conduct 21(c)(8); serting ‘‘The Administrator’’; and a study to determine the average time that ‘‘(D) to pay the expenses of the association (B) by striking ‘‘the Assistant Adminis- the Administration requires to process an referred to in section 21(a)(3)(A) for con- trator of the Office of Women’s Business application for each type of loan or loan ducting the certification program, as pro- Ownership and’’; guarantee made under the Small Business vided in section 21(k)(2); and (3) in subsection (d), by striking ‘‘, except Act (15 U.S.C. 631 et seq.). ‘‘(E) to pay the expenses of the Adminis- that’’ and all that follows through the end of (b) TRANSMITTAL.—Not later than 1 year tration, including salaries of examiners, for the subsection and inserting a period; and after the date of enactment of this Act, the conducting examinations as part of the cer- (4) in subsection (h), by striking ‘‘Not Administrator shall transmit to Congress tification program conducted by the associa- later’’ and all that follows through ‘‘the Ad- the results of the study conducted under sub- tion referred to in section 21(a)(3)(A).’’. ministrator’’ and inserting ‘‘The Adminis- section (a). (2) TECHNICAL AMENDMENT.—Section 20(a) trator’’. SEC. 802. APPLICATION OF OWNERSHIP RE- of the Small Business Act (15 U.S.C. 631 note) SEC. 704. REPEAL OF PROCUREMENT PROJECT; QUIREMENTS. is amended by moving the margins of para- STATE AND LOCAL ECONOMIC NET- (a) SMALL BUSINESS ACT.—Section 7(a) of graphs (3) and (4), including subparagraphs WORKS. the Small Business Act (15 U.S.C. 636(a)) is (A) and (B) of paragraph (4), 2 ems to the left. Section 409 of the Women’s Business Own- amended by adding at the end the following: (b) FUNDING FORMULA.—Section 21(a)(4)(C) ership Act of 1988 (15 U.S.C. 631 note) is ‘‘(29) OWNERSHIP REQUIREMENTS.—Owner- of the Small Business Act (15 U.S.C. amended to read as follows: ship requirements to determine the eligi- 648(a)(4)(C)) is amended to read as follows:

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9630 CONGRESSIONAL RECORD — SENATE October 2, 2000

‘‘(C) FUNDING FORMULA.— amount of the grant to the amount received plication to the Small Business Administra- ‘‘(i) IN GENERAL.—Subject to clause (iii), by that State in fiscal year 2000, or until tion for emergency or disaster loan assist- the amount of a formula grant received by a such funds are exhausted, whichever first oc- ance that was pending on or after April 1, State under this subparagraph shall be equal curs. 1999. to an amount determined in accordance with ‘‘(II) If any funds remain after the applica- SEC. 807. NATIVE AMERICAN SMALL BUSINESS the following formula: tion of subclause (I), the remaining amount DEVELOPMENT CENTERS. ‘‘(I) The annual amount made available may be distributed as supplemental grants (a) IN GENERAL.—The Small Business Act under section 20(a) for the Small Business to any State, as the Administration deter- (15 U.S.C. 631 et seq.) is amended by inserting Development Center Program, less any re- mines, in its discretion, to be appropriate, after section 21A the following: ductions made for expenses authorized by after consultation with the association re- ‘‘SEC. 21B. NATIVE AMERICAN SMALL BUSINESS clause (v) of this subparagraph, shall be di- ferred to in subsection (a)(3)(A). DEVELOPMENT CENTER NETWORK. vided on a pro rata basis, based on the per- ‘‘(v) USE OF AMOUNTS.— ‘‘(a) DEFINITIONS.—In this section— centage of the population of each State, as ‘‘(I) IN GENERAL.—Of the amounts made ‘‘(1) the term ‘Alaska Native’ means a Na- compared to the population of the United available in any fiscal year to carry out this tive (as such term is defined in section 3(b) of States. section— the Alaska Native Claims Settlement Act (43 ‘‘(II) If the pro rata amount calculated ‘‘(aa) not more than $500,000 may be used U.S.C. 1602(b))); under subclause (I) for any State is less than by the Administration to pay expenses enu- ‘‘(2) the term ‘Indian tribe’ has the same the minimum funding level under clause merated in subparagraphs (B) through (D) of meaning as in section 4(e) of the Indian Self- (iii), the Administration shall determine the section 20(a)(1); and Determination and Education Assistance Act aggregate amount necessary to achieve that ‘‘(bb) not more than $500,000 may be used (25 U.S.C. 450b(e)); minimum funding level for each such State. by the Administration to pay the examina- ‘‘(3) the terms ‘Native American Small ‘‘(III) The aggregate amount calculated tion expenses enumerated in section Business Development Center Network’ and under subclause (II) shall be deducted from 20(a)(1)(E). ‘Network’ mean 1 lead center small business the amount calculated under subclause (I) ‘‘(II) LIMITATION.—No funds described in development center with satellite locations for States eligible to receive more than the subclause (I) may be used for examination located on Alaska Native, Indian, or Native minimum funding level. The deductions shall expenses under section 20(a)(1)(E) if the Hawaiian lands; be made on a pro rata basis, based on the usage would reduce the amount of grants population of each such State, as compared ‘‘(4) the terms ‘Native Hawaiian’ and ‘Na- made available under clause (i)(I) of this sub- tive Hawaiian Organization’ have the same to the total population of all such States. paragraph to less than $85,000,000 (after ex- ‘‘(IV) The aggregate amount deducted meanings as in paragraphs (1) and (3), respec- cluding any amounts provided in appropria- tively, of section 9212 of the Native Hawaiian under subclause (III) shall be added to the tions Acts for specific institutions or for pur- grants of those States that are not eligible Education Act (20 U.S.C. 7912) and section poses other than the general small business 8(a)(15) of this Act; to receive more than the minimum funding development center program) or would fur- level in order to achieve the minimum fund- ‘‘(5) the term ‘Indian lands’ includes lands ther reduce the amount of such grants below within the definition of— ing level for each such State, except that the such amount. eligible amount of a grant to any State shall ‘‘(A) the term ‘Indian country’, as defined ‘‘(vi) EXCLUSIONS.—Grants provided to a not be reduced to an amount below the min- in section 1151 of title 18, United States State by the Administration or another Fed- imum funding level. Code; and eral agency to carry out subsection (a)(6) or ‘‘(ii) GRANT DETERMINATION.—The amount ‘‘(B) the term ‘reservation’, as defined in— (c)(3)(G), or for supplemental grants set forth of a grant that a State is eligible to apply for ‘‘(i) section 3(d) of the Indian Financing in clause (iv)(II) of this subparagraph, shall under this subparagraph shall be the amount Act of 1974 (25 U.S.C. 1452(d)), except that not be included in the calculation of max- determined under clause (i), subject to any such section shall be applied by treating the imum funding for a State under clause (ii) of modifications required under clause (iii), and term ‘former Indian reservations in Okla- this subparagraph. shall be based on the amount available for homa’ as including only lands that are with- ‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.— the fiscal year in which performance of the in the jurisdictional area of an Oklahoma In- There is authorized to be appropriated to grant commences, but not including dian Tribe (as determined by the Secretary amounts distributed in accordance with carry out this subparagraph $125,000,000 for of the Interior) and are recognized by the clause (iv). The amount of a grant received each of fiscal years 2001, 2002, and 2003. Secretary of the Interior as eligible for trust by a State under any provision of this sub- ‘‘(viii) STATE DEFINED.—In this subpara- land status under part 151 of title 25, Code of paragraph shall not exceed the amount of graph, the term ‘State’ means each of the Federal Regulations, as in effect on the date matching funds from sources other than the several States, the District of Columbia, the of enactment of this section; and Federal Government, as required under sub- Commonwealth of Puerto Rico, the Virgin ‘‘(ii) section 4(10) of the Indian Child Wel- paragraph (A). Islands, Guam, and American Samoa.’’. fare Act (25 U.S.C. 1903(10)); ‘‘(iii) MINIMUM FUNDING LEVEL.—The SEC. 805. SURETY BONDS. ‘‘(6) the term ‘Tribal Business Information amount of the minimum funding level for (a) CONTRACT AMOUNTS.—Section 411 of the Center’ means a business information center each State shall be determined for each fis- Small Business Investment Act of 1958 (15 established by the Administration and a cal year based on the amount made available U.S.C. 694b) is amended— tribal organization on Alaska Native, Indian, for that fiscal year to carry out this section, (1) in subsection (a)(1), by striking or Native Hawaiian lands, as authorized by as follows: ‘‘$1,250,000’’ and inserting ‘‘$2,000,000’’; and this section; ‘‘(I) If the amount made available is not (2) in subsection (e)(2), by striking ‘‘(7) the terms ‘Tribal Electronic Com- less than $81,500,000 and not more than ‘‘$1,250,000’’ and inserting ‘‘$2,000,000’’. merce Small Business Resource Center’ and $90,000,000, the minimum funding level shall (b) EXTENSION OF CERTAIN AUTHORITY.— ‘Resource Center’ mean an information shar- be $500,000. Section 207 of the Small Business Adminis- ing system and resource center providing re- ‘‘(II) If the amount made available is less tration Reauthorization and Amendment Act search and resources to the Network, as au- than $81,500,000, the minimum funding level of 1988 (15 U.S.C. 694b note) is amended by thorized by this section; and shall be the remainder of $500,000 minus a striking ‘‘2000’’ and inserting ‘‘2003’’. ‘‘(8) the term ‘tribal organization’ has the percentage of $500,000 equal to the percent- SEC. 806. SIZE STANDARDS. same meaning as in section 4(1) of the Indian age amount by which the amount made (a) INDUSTRY CLASSIFICATIONS.—Section Self-Determination and Education Assist- available is less than $81,500,000. 15(a) of the Small Business Act (15 U.S.C. ance Act (25 U.S.C. 450b(1)), except for the ‘‘(III) If the amount made available is more 644(a)) is amended in the eighth sentence, by proviso contained in that paragraph, and in- than $90,000,000, the minimum funding level striking ‘‘four-digit standard’’ and all that cludes Native Hawaiian Organizations and shall be the sum of $500,000 plus a percentage follows through ‘‘published’’ and inserting organizations of Alaska Natives. of $500,000 equal to the percentage amount by ‘‘definition of a ‘United States industry’ ‘‘(b) AUTHORITY FOR NETWORK.— which the amount made available exceeds under the North American Industry Classi- ‘‘(1) IN GENERAL.—The Administration may $90,000,000. fication System, as established’’. establish a Native American Small Business ‘‘(iv) DISTRIBUTIONS.—Subject to clause (b) ANNUAL RECEIPTS.—Section 3(a)(1) of Development Center Network and a Tribal (iii), if any State does not apply for, or use, the Small Business Act (15 U.S.C. 632(a)(1)) is Electronic Commerce Small Business Re- its full funding eligibility for a fiscal year, amended by striking ‘‘$500,000’’ and inserting source Center. the Administration shall distribute the re- ‘‘$750,000’’. ‘‘(2) PURPOSE.—The purpose of the Network maining funds as follows: (c) CERTAIN PACKING HOUSES.— shall be to stimulate Alaska Native, Indian, ‘‘(I) If the grant to any State is less than (1) IN GENERAL.—Section 3(a)(1) of the and Native Hawaiian economies through the the amount received by that State in fiscal Small Business Act (15 U.S.C. 632(a)(1)) is creation and expansion of small businesses. year 2000, the Administration shall dis- amended by inserting before the period the ‘‘(3) ESTABLISHMENT.—The Administration tribute such remaining funds, on a pro rata following: ‘‘and, in the case of an enterprise may provide 1 or more contracts, grants, and basis, based on the percentage of shortage of that is a fresh fruit and vegetable packing cooperative agreements to any established each such State, as compared to the total house, has not more than 200 employees’’. tribal organization to establish the Network amount of such remaining funds available, to (2) EFFECTIVE DATE.—The amendment and the Resource Center. Awards made under the extent necessary in order to increase the made by paragraph (1) shall apply to any ap- this section may be subgranted.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9631 ‘‘(c) USES OF ASSISTANCE.—Services pro- MEASURE READ THE FIRST Sec. 303. Maximum debenture size. vided by the Network shall include— TIME—S. 3146 Sec. 304. Fees. ‘‘(1) providing current business manage- Sec. 305. Premier certified lenders program. ment and technical assistance in a cost-ef- Mr. KYL. Mr. President, I understand Sec. 306. Sale of certain defaulted loans. Sec. 307. Loan liquidation. fective and culturally tailored manner that that S. 3146 is at the desk. I ask for its primarily serves Alaska Natives, members of first reading. TITLE IV—CORRECTIONS TO THE SMALL Indian tribes, or Native Hawaiians; The PRESIDING OFFICER. The BUSINESS INVESTMENT ACT OF 1958 ‘‘(2) providing Tribal Business Information clerk will report the bill by title. Sec. 401. Short title. Sec. 402. Definitions. Centers with current electronic commerce The legislative clerk read as follows: information, training, and other forms of Sec. 403. Investment in small business invest- A bill (S. 3146) to preserve the sovereignty technical assistance; ment companies. of the United States over public lands and Sec. 404. Subsidy fees. ‘‘(3) supporting the Resource Center; and acquired lands owned by the United States, Sec. 405. Distributions. ‘‘(4) providing any of the services that a and to preserve State sovereignty and pri- Sec. 406. Conforming amendment. small business development center may pro- vate property rights in non-Federal lands TITLE V—REAUTHORIZATION OF SMALL vide under section 21. surrounding those public lands and acquired BUSINESS PROGRAMS ‘‘(d) GRANT AND COOPERATIVE AGREEMENT lands. Sec. 501. Short title. MATCHING REQUIREMENT.— Mr. KYL. Mr. President, I now ask Sec. 502. Reauthorization of small business pro- ‘‘(1) IN GENERAL.—As a condition for receiv- grams. ing a contract, grant, or cooperative agree- for its second reading and object to my Sec. 503. Additional reauthorizations. ment authorized by this section, the recipi- own request. TITLE VI—MISCELLANEOUS PROVISIONS ent organization shall agree to obtain, after The PRESIDING OFFICER. Objec- Sec. 601. Loan application processing. its application has been approved and notice tion is heard. Sec. 602. Application of ownership require- of award has been issued, cash or in kind f ments. contributions from non-Federal sources as Sec. 603. Eligibility for HUBZone program. follows: SMALL BUSINESS INNOVATION RE- Sec. 604. Subcontracting preference for vet- ‘‘(A) One non-Federal dollar for each 4 Fed- SEARCH PROGRAM AUTHORIZA- erans. Sec. 605. Small business development center eral dollars in the first and second years of TION ACT OF 2000 the term of the assistance. program funding. ‘‘(B) One non-Federal dollar for each 3 Fed- Mr. KYL. Mr. President, I ask unani- Sec. 606. Surety bonds. eral dollars in the third and fourth years of mous consent that the Chair lay before TITLE I—SMALL BUSINESS INNOVATION the term of the assistance. the Senate a message from the House RESEARCH PROGRAM ‘‘(C) One non-Federal dollar for each Fed- of Representatives on the bill, H.R. SEC. 101. SHORT TITLE. eral dollar in the fifth and succeeding years 2392, an act to amend the Small Busi- (a) SHORT TITLE.—This title may be cited as of the term of the assistance. ness Act to extend the authorization the ‘‘Small Business Innovation Research Pro- ‘‘(2) WAIVER.—The Administration may gram Reauthorization Act of 2000’’. for the Small Business Innovation Re- waive or reduce the matching funds require- SEC. 102. FINDINGS. ments in paragraph (1) with respect to a re- search program, and for other pur- Congress finds that— cipient organization if the Administration poses. (1) the small business innovation research pro- determines that such action is consistent There being no objection, the Pre- gram established under the Small Business In- with the purposes of this section and in the siding Officer laid before the Senate novation Development Act of 1982, and reau- best interests of the program authorized by the following message from the House thorized by the Small Business Research and this section. of Representatives: Development Enhancement Act of 1992 (in this ‘‘(3) EXCEPTION.—The matching funds re- Act referred to as the ‘‘SBIR program’’) is high- quirement of paragraph (1) does not apply to Resolved, That the House agree to the ly successful in involving small businesses in contracts, grants, or cooperative agreements amendment of the Senate to the bill (H.R. federally funded research and development; made to a tribal organization for the Re- 2392) entitled ‘‘An Act to amend the Small (2) the SBIR program made the cost-effective source Center. Business Act to extend the authorization for and unique research and development capabili- the Small Business Innovation Research Pro- ties possessed by the small businesses of the Na- ‘‘(e) AUTHORIZATION.—There is authorized gram, and for other purposes,’’ with the fol- tion available to Federal agencies and depart- to be appropriated— lowing amendment: ments; ‘‘(1) to carry out this section, $3,000,000 for SECTION 1. TABLE OF CONTENTS. (3) the innovative goods and services devel- fiscal year 2001 and each subsequent fiscal The table of contents for this Act is as follows: oped by small businesses that participated in the year; and Sec. 1. Table of contents. SBIR program have produced innovations of ‘‘(2) to fund the establishment and imple- critical importance in a wide variety of high- mentation of one Resource Center under the TITLE I—SMALL BUSINESS INNOVATION technology fields, including biology, medicine, authority of this section, $500,000 for fiscal RESEARCH PROGRAM education, and defense; year 2001 and each subsequent fiscal year.’’. Sec. 101. Short title. (4) the SBIR program is a catalyst in the pro- (b) NATIVE HAWAIIAN ORGANIZATIONS UNDER Sec. 102. Findings. motion of research and development, the com- SECTION 8(a).—Section 8(a)(15)(A) of the Sec. 103. Extension of SBIR program. mercialization of innovative technology, the de- Small Business Act (15 U.S.C. 637(a)(15)(A)) is Sec. 104. Annual report. velopment of new products and services, and the amended to read as follows: Sec. 105. Third phase assistance. continued excellence of this Nation’s high-tech- ‘‘(A) is a nonprofit corporation that has Sec. 106. Report on programs for annual per- nology industries; and (5) the continuation of the SBIR program will filed articles of incorporation with the direc- formance plan. provide expanded opportunities for one of the tor (or the designee thereof) of the Hawaii Sec. 107. Output and outcome data. Nation’s vital resources, its small businesses, Department of Commerce and Consumer Af- Sec. 108. National Research Council reports. will foster invention, research, and technology, fairs, or any successor agency,’’. Sec. 109. Federal agency expenditures for the SBIR program. will create jobs, and will increase this Nation’s Sec. 110. Policy directive modifications. competitiveness in international markets. f Sec. 111. Federal and State technology partner- SEC. 103. EXTENSION OF SBIR PROGRAM. ship program. Section 9(m) of the Small Business Act (15 NOTICES OF HEARINGS Sec. 112. Mentoring networks. U.S.C. 638(m)) is amended to read as follows: Sec. 113. Simplified reporting requirements. ‘‘(m) TERMINATION.—The authorization to COMMITTEE ON INDIAN AFFAIRS Sec. 114. Rural outreach program extension. carry out the Small Business Innovation Re- search Program established under this section Mr. CAMPBELL. Mr. President, I TITLE II—GENERAL BUSINESS LOAN PROGRAM shall terminate on September 30, 2008.’’. would like to announce that the Com- SEC. 104. ANNUAL REPORT. Sec. 201. Short title. Section 9(b)(7) of the Small Business Act (15 mittee on Indian Affairs will meet on Sec. 202. Levels of participation. Wednesday, October 4, 2000, at 9:30 a.m. U.S.C. 638(b)(7)) is amended by striking ‘‘and Sec. 203. Loan amounts. the Committee on Small Business of the House in room 366 of the Dirksen Senate Sec. 204. Interest on defaulted loans. of Representatives’’ and inserting ‘‘, and to the Building to conduct an oversight hear- Sec. 205. Prepayment of loans. Committee on Science and the Committee on ing on alcohol and law enforcement in Sec. 206. Guarantee fees. Small Business of the House of Representa- Sec. 207. Lease terms. Alaska. tives,’’. TITLE III—CERTIFIED DEVELOPMENT SEC. 105. THIRD PHASE ASSISTANCE. Those wishing additional information COMPANY PROGRAM Section 9(e)(4)(C)(i) of the Small Business Act may contact committee staff at 202/224– Sec. 301. Short title. (15 U.S.C. 638(e)(4)(C)(i)) is amended by striking 2251. Sec. 302. Women-owned businesses. ‘‘; and’’ and inserting ‘‘; or’’.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9632 CONGRESSIONAL RECORD — SENATE October 2, 2000 SEC. 106. REPORT ON PROGRAMS FOR ANNUAL phase SBIR or STTR awards, to further the re- gram, including the economic rate of return, PERFORMANCE PLAN. search and development conducted under the and a comparison of the economic benefits, in- Section 9(g) of the Small Business Act (15 award; and cluding the economic rate of return, achieved by U.S.C. 638(g)) is amended— ‘‘(iii) any other information received in con- the SBIR program with the economic benefits, (1) in paragraph (7), by striking ‘‘and’’ at the nection with the award that the Administrator, including the economic rate of return, of other end; in conjunction with the SBIR program man- Federal research and development expenditures; (2) in paragraph (8), by striking the period at agers of Federal agencies, considers relevant (C) an evaluation of the noneconomic benefits the end and inserting a semicolon; and and appropriate; achieved by the SBIR program over the life of (3) by adding at the end the following new ‘‘(B) includes any narrative information that the program; paragraph: a small business concern receiving a second (D) a comparison of the allocation for fiscal ‘‘(9) include, as part of its annual perform- phase award voluntarily submits to further de- year 2000 of Federal research and development ance plan as required by subsections (a) and (b) scribe the outputs and outcomes of its awards; funds to small businesses with such allocation of section 1115 of title 31, United States Code, a ‘‘(C) includes for each applicant for a first for fiscal year 1983, and an analysis of the fac- section on its SBIR program, and shall submit phase or second phase award that does not re- tors that have contributed to such allocation; such section to the Committee on Small Business ceive such an award— and of the Senate, and the Committee on Science ‘‘(i) the name, size, and location, and an iden- (E) an analysis of whether Federal agencies, and the Committee on Small Business of the tifying number assigned by the Administration; in fulfilling their procurement needs, are mak- House of Representatives; and’’. ‘‘(ii) an abstract of the project; and ing sufficient effort to use small businesses that ‘‘(iii) the Federal agency to which the appli- SEC. 107. OUTPUT AND OUTCOME DATA. have completed a second phase award under the cation was made; (a) COLLECTION.—Section 9(g) of the Small SBIR program; and ‘‘(D) includes any other data collected by or Business Act (15 U.S.C. 638(g)), as amended by (2) make recommendations with respect to— available to any Federal agency that such agen- section 106 of this Act, is further amended by (A) measures of outcomes for strategic plans cy considers may be useful for SBIR program adding at the end the following new paragraph: submitted under section 306 of title 5, United evaluation; and States Code, and performance plans submitted ‘‘(10) collect, and maintain in a common for- ‘‘(E) is available for use solely for program mat in accordance with subsection (v), such in- under section 1115 of title 31, United States evaluation purposes by the Federal Government Code, of each Federal agency participating in formation from awardees as is necessary to as- or, in accordance with policy directives issued sess the SBIR program, including information the SBIR program; by the Administration, by other authorized per- (B) whether companies who can demonstrate necessary to maintain the database described in sons who are subject to a use and nondisclosure subsection (k).’’. project feasibility, but who have not received a agreement with the Federal Government cov- first phase award, should be eligible for second (b) REPORT TO CONGRESS.—Section 9(b)(7) of ering the use of the database. the Small Business Act (15 U.S.C. 638(b)(7)), as phase awards, and the potential impact of such ‘‘(3) UPDATING INFORMATION FOR DATABASE.— awards on the competitive selection process of amended by section 104 of this Act, is further ‘‘(A) IN GENERAL.—A small business concern amended by inserting before the period at the the program; applying for a second phase award under this (C) whether the Federal Government should end ‘‘, including the data on output and out- section shall be required to update information be permitted to recoup some or all of its expenses comes collected pursuant to subsections (g)(10) in the database established under this sub- if a controlling interest in a company receiving and (o)(9), and a description of the extent to section for any prior second phase award re- an SBIR award is sold to a foreign company or which Federal agencies are providing in a time- ceived by that small business concern. In com- to a company that is not a small business con- ly manner information needed to maintain the plying with this paragraph, a small business cern; database described in subsection (k)’’. concern may apportion sales or additional in- (D) how to increase the use by the Federal (c) DATABASE.—Section 9(k) of the Small Busi- vestment information relating to more than one Government in its programs and procurements ness Act (15 U.S.C. 638(k)) is amended to read as second phase award among those awards, if it of technology-oriented small businesses; and follows: notes the apportionment for each award. (E) improvements to the SBIR program, if any ‘‘(k) DATABASE.— ‘‘(B) ANNUAL UPDATES UPON TERMINATION.—A are considered appropriate. ‘‘(1) PUBLIC DATABASE.—Not later than 180 small business concern receiving a second phase (b) PARTICIPATION BY SMALL BUSINESS.— days after the date of the enactment of the award under this section shall— (1) IN GENERAL.—In a manner consistent with Small Business Innovation Research Program ‘‘(i) update information in the database con- law and with National Research Council study Reauthorization Act of 2000, the Administrator cerning that award at the termination of the guidelines and procedures, knowledgeable indi- shall develop, maintain, and make available to award period; and viduals from the small business community with the public a searchable, up-to-date, electronic ‘‘(ii) be requested to voluntarily update such experience in the SBIR program shall be in- database that includes— information annually thereafter for a period of cluded— ‘‘(A) the name, size, location, and an identi- 5 years. (A) in any panel established by the National fying number assigned by the Administrator, of ‘‘(4) PROTECTION OF INFORMATION.—Informa- Research Council for the purpose of performing each small business concern that has received a tion provided under paragraph (2) shall be con- the study conducted under this section; and first phase or second phase SBIR award from a sidered privileged and confidential and not sub- (B) among those who are asked by the Na- Federal agency; ject to disclosure pursuant to section 552 of title tional Research Council to peer review the ‘‘(B) a description of each first phase or sec- 5, United States Code. study. ond phase SBIR award received by that small ‘‘(5) RULE OF CONSTRUCTION.—Inclusion of in- (2) CONSULTATION.—To ensure that the con- business concern, including— formation in the database under this subsection cerns of small business are appropriately consid- ‘‘(i) an abstract of the project funded by the shall not be considered to be publication for ered under this subsection, the National Re- award, excluding any proprietary information purposes of subsection (a) or (b) of section 102 of search Council shall consult with and consider so identified by the small business concern; title 35, United States Code.’’. the views of the Office of Technology and the ‘‘(ii) the Federal agency making the award; SEC. 108. NATIONAL RESEARCH COUNCIL RE- Office of Advocacy of the Small Business Ad- and PORTS. ministration and other interested parties, in- ‘‘(iii) the date and amount of the award; (a) STUDY AND RECOMMENDATIONS.—The head cluding entities, organizations, and individuals ‘‘(C) an identification of any business concern of each agency with a budget of more than actively engaged in enhancing or developing the or subsidiary established for the commercial ap- $50,000,000 for its SBIR program for fiscal year technological capabilities of small business con- plication of a product or service for which an 1999, in consultation with the Small Business cerns. SBIR award is made; and Administration, shall, not later than 6 months (c) PROGRESS REPORTS.—The National Re- ‘‘(D) information regarding mentors and Men- after the date of the enactment of this Act, co- search Council shall provide semiannual toring Networks, as required by section 35(d). operatively enter into an agreement with the progress reports on the study conducted under ‘‘(2) GOVERNMENT DATABASE.—Not later than National Academy of Sciences for the National this section to the Committee on Science and the 180 days after the date of the enactment of the Research Council to— Committee on Small Business of the House of Small Business Innovation Research Program (1) conduct a comprehensive study of how the Representatives, and to the Committee on Small Reauthorization Act of 2000, the Administrator, SBIR program has stimulated technological in- Business of the Senate. in consultation with Federal agencies required novation and used small businesses to meet Fed- (d) REPORT.—The National Research Council to have an SBIR program pursuant to sub- eral research and development needs, includ- shall transmit to the heads of agencies entering section (f)(1), shall develop and maintain a ing— into an agreement under this section and to the database to be used solely for SBIR program (A) a review of the value to the Federal re- Committee on Science and the Committee on evaluation that— search agencies of the research projects being Small Business of the House of Representatives, ‘‘(A) contains for each second phase award conducted under the SBIR program, and of the and to the Committee on Small Business of the made by a Federal agency— quality of research being conducted by small Senate— ‘‘(i) information collected in accordance with businesses participating under the program, in- (1) not later than 3 years after the date of the paragraph (3) on revenue from the sale of new cluding a comparison of the value of projects enactment of this Act, a report including the re- products or services resulting from the research conducted under the SBIR program to those sults of the study conducted under subsection conducted under the award; funded by other Federal research and develop- (a)(1) and recommendations made under sub- ‘‘(ii) information collected in accordance with ment expenditures; section (a)(2); and paragraph (3) on additional investment from (B) to the extent practicable, an evaluation of (2) not later than 6 years after that date of any source, other than first phase or second the economic benefits achieved by the SBIR pro- the enactment, an update of such report.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9633

SEC. 109. FEDERAL AGENCY EXPENDITURES FOR (b) FEDERAL AND STATE TECHNOLOGY PART- ‘‘(i) to make grants or loans to companies to THE SBIR PROGRAM. NERSHIP PROGRAM.—The Small Business Act (15 pay a portion or all of the cost of developing Section 9(i) of the Small Business Act (15 U.S.C. 631 et seq.) is amended— SBIR proposals; U.S.C. 638(i)) is amended— (1) by redesignating section 34 as section 36; ‘‘(ii) to establish or operate a Mentoring Net- (1) by striking ‘‘(i) Each Federal’’ and insert- and work within the FAST program to provide busi- ing the following: (2) by inserting after section 33 the following ness advice and counseling that will assist small ‘‘(i) ANNUAL REPORTING.— new section: business concerns that have been identified by ‘‘(1) IN GENERAL.—Each Federal’’; and ‘‘SEC. 34. FEDERAL AND STATE TECHNOLOGY FAST program participants, program managers (2) by adding at the end the following: PARTNERSHIP PROGRAM. of participating SBIR agencies, the Administra- ‘‘(2) CALCULATION OF EXTRAMURAL BUDGET.— ‘‘(a) DEFINITIONS.—In this section and section tion, or other entities that are knowledgeable ‘‘(A) METHODOLOGY.—Not later than 4 months 35, the following definitions apply: about the SBIR and STTR programs as good after the date of the enactment of each appro- ‘‘(1) APPLICANT.—The term ‘applicant’ means candidates for the SBIR and STTR programs, priations Act for a Federal agency required by an entity, organization, or individual that sub- and that would benefit from mentoring, in ac- this section to have an SBIR program, the Fed- mits a proposal for an award or a cooperative cordance with section 35; eral agency shall submit to the Administrator a agreement under this section. ‘‘(iii) to create or participate in a training report, which shall include a description of the ‘‘(2) BUSINESS ADVICE AND COUNSELING.—The program for individuals providing SBIR out- methodology used for calculating the amount of term ‘business advice and counseling’ means reach and assistance at the State and local lev- the extramural budget of that Federal agency. providing advice and assistance on matters de- els; and ‘‘(B) ADMINISTRATOR’S ANALYSIS.—The Ad- scribed in section 35(c)(2)(B) to small business ‘‘(iv) to encourage the commercialization of ministrator shall include an analysis of the concerns to guide them through the SBIR and technology developed through SBIR program methodology received from each Federal agency STTR program process, from application to funding. referred to in subparagraph (A) in the report re- award and successful completion of each phase ‘‘(2) SELECTION CONSIDERATIONS.—In making quired by subsection (b)(7).’’. of the program. awards or entering into cooperative agreements SEC. 110. POLICY DIRECTIVE MODIFICATIONS. ‘‘(3) FAST PROGRAM.—The term ‘FAST pro- under this section, the Administrator and the Section 9(j) of the Small Business Act (15 gram’ means the Federal and State Technology SBIR program managers referred to in para- U.S.C. 638(j)) is amended by adding at the end Partnership Program established under this sec- graph (1)— the following: tion. ‘‘(A) may only consider proposals by appli- ‘‘(3) ADDITIONAL MODIFICATIONS.—Not later ‘‘(4) MENTOR.—The term ‘mentor’ means an cants that intend to use a portion of the Federal than 120 days after the date of the enactment of individual described in section 35(c)(2). assistance provided under this section to provide the Small Business Innovation Research Pro- ‘‘(5) MENTORING NETWORK.—The term ‘Men- outreach, financial support, or technical assist- gram Reauthorization Act of 2000, the Adminis- toring Network’ means an association, organiza- ance to technology-based small business con- trator shall modify the policy directives issued tion, coalition, or other entity (including an in- cerns participating in or interested in partici- pursuant to this subsection— dividual) that meets the requirements of section pating in the SBIR program; and ‘‘(A) to clarify that the rights provided for 35(c). ‘‘(B) shall consider, at a minimum— under paragraph (2)(A) apply to all Federal ‘‘(6) RECIPIENT.—The term ‘recipient’ means a ‘‘(i) whether the applicant has demonstrated funding awards under this section, including person that receives an award or becomes party that the assistance to be provided would address the first phase (as described in subsection to a cooperative agreement under this section. unmet needs of small business concerns in the (e)(4)(A)), the second phase (as described in sub- ‘‘(7) SBIR PROGRAM.—The term ‘SBIR pro- community, and whether it is important to use section (e)(4)(B)), and the third phase (as de- gram’ has the same meaning as in section Federal funding for the proposed activities; scribed in subsection (e)(4)(C)); 9(e)(4). ‘‘(ii) whether the applicant has demonstrated ‘‘(8) STATE.—The term ‘State’ means each of ‘‘(B) to provide for the requirement of a suc- that a need exists to increase the number or suc- the several States, the District of Columbia, the cinct commercialization plan with each applica- cess of small high-technology businesses in the Commonwealth of Puerto Rico, the Virgin Is- tion for a second phase award that is moving to- State, as measured by the number of first phase lands, Guam, and American Samoa. ward commercialization; and second phase SBIR awards that have his- ‘‘(9) STTR PROGRAM.—The term ‘STTR pro- ‘‘(C) to require agencies to report to the Ad- torically been received by small business con- gram’ has the same meaning as in section ministration, not less frequently than annually, cerns in the State; 9(e)(6). ‘‘(iii) whether the projected costs of the pro- all instances in which an agency pursued re- ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Ad- posed activities are reasonable; search, development, or production of a tech- ministrator shall establish a program to be ‘‘(iv) whether the proposal integrates and co- nology developed by a small business concern known as the Federal and State Technology ordinates the proposed activities with other using an award made under the SBIR program Partnership Program, the purpose of which State and local programs assisting small high- of that agency, and determined that it was not shall be to strengthen the technological competi- technology firms in the State; and practicable to enter into a follow-on non-SBIR tiveness of small business concerns in the States. ‘‘(v) the manner in which the applicant will program funding agreement with the small busi- ‘‘(c) GRANTS AND COOPERATIVE AGREE- measure the results of the activities to be con- ness concern, which report shall include, at a MENTS.— ducted. minimum— ‘‘(1) JOINT REVIEW.—In carrying out the FAST ‘‘(3) PROPOSAL LIMIT.—Not more than one ‘‘(i) the reasons why the follow-on funding program under this section, the Administrator proposal may be submitted for inclusion in the agreement with the small business concern was and the SBIR program managers at the Na- FAST program under this section to provide not practicable; tional Science Foundation and the Department services in any one State in any 1 fiscal year. ‘‘(ii) the identity of the entity with which the of Defense shall jointly review proposals sub- ‘‘(4) PROCESS.—Proposals and applications for agency contracted to perform the research, de- mitted by applicants and may make awards or assistance under this section shall be in such velopment, or production; and enter into cooperative agreements under this form and subject to such procedures as the Ad- ‘‘(iii) a description of the type of funding section based on the factors for consideration set ministrator shall establish. agreement under which the research, develop- forth in paragraph (2), in order to enhance or ‘‘(d) COOPERATION AND COORDINATION.—In ment, or production was obtained; and develop in a State— carrying out the FAST program under this sec- ‘‘(D) to implement subsection (v), including ‘‘(A) technology research and development by tion, the Administrator shall cooperate and co- establishing standardized procedures for the small business concerns; ordinate with— provision of information pursuant to subsection ‘‘(B) technology transfer from university re- ‘‘(1) Federal agencies required by section 9 to (k)(3).’’. search to technology-based small business con- have an SBIR program; and SEC. 111. FEDERAL AND STATE TECHNOLOGY cerns; ‘‘(2) entities, organizations, and individuals PARTNERSHIP PROGRAM. ‘‘(C) technology deployment and diffusion actively engaged in enhancing or developing the (a) FINDINGS.—Congress finds that— benefiting small business concerns; technological capabilities of small business con- (1) programs to foster economic development ‘‘(D) the technological capabilities of small cerns, including— among small high-technology firms vary widely business concerns through the establishment or ‘‘(A) State and local development agencies among the States; operation of consortia comprised of entities, or- and entities; (2) States that do not aggressively support the ganizations, or individuals, including— ‘‘(B) State committees established under the development of small high-technology firms, in- ‘‘(i) State and local development agencies and Experimental Program to Stimulate Competitive cluding participation by small business concerns entities; Research of the National Science Foundation in the SBIR program, are at a competitive dis- ‘‘(ii) representatives of technology-based small (as established under section 113 of the National advantage in establishing a business climate business concerns; Science Foundation Authorization Act of 1988 that is conducive to technology development; ‘‘(iii) industries and emerging companies; (42 U.S.C. 1862g)); and ‘‘(iv) universities; and ‘‘(C) State science and technology councils; (3) building stronger national, State, and local ‘‘(v) small business development centers; and and support for science and technology research in ‘‘(E) outreach, financial support, and tech- ‘‘(D) representatives of technology-based small these disadvantaged States will expand eco- nical assistance to technology-based small busi- business concerns. nomic opportunities in the United States, create ness concerns participating in or interested in ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— jobs, and increase the competitiveness of the participating in an SBIR program, including ‘‘(1) COMPETITIVE BASIS.—Awards and cooper- United States in the world market. initiatives— ative agreements under this section shall be

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9634 CONGRESSIONAL RECORD — SENATE October 2, 2000 made or entered into, as applicable, on a com- ‘‘(i) the status of the inclusion of mentoring gram for that fiscal year due to funding re- petitive basis. information in the database required by section straints, from a small business concern located ‘‘(2) MATCHING REQUIREMENTS.— 9(k); and in— ‘‘(A) IN GENERAL.—The non-Federal share of ‘‘(ii) the status of the implementation and de- ‘‘(i) a State that is eligible to participate in a the cost of an activity (other than a planning scription of the usage of the Mentoring Net- technology development program; or activity) carried out using an award or under a works. ‘‘(ii) a State described in paragraph (3). cooperative agreement under this section shall ‘‘(g) REVIEWS BY INSPECTOR GENERAL.— ‘‘(3) ADDITIONALLY ELIGIBLE STATE.—A State be— ‘‘(1) IN GENERAL.—The Inspector General of referred to in subparagraph (A)(ii) or (B)(ii) of ‘‘(i) 50 cents for each Federal dollar, in the the Administration shall conduct a review of— paragraph (2) is a State in which the total value case of a recipient that will serve small business ‘‘(A) the extent to which recipients under the of contracts awarded to small business concerns concerns located in one of the 18 States receiv- FAST program are measuring the performance under all SBIR programs is less than the total ing the fewest SBIR first phase awards (as de- of the activities being conducted and the results value of contracts awarded to small business scribed in section 9(e)(4)(A)); of such measurements; and concerns in a majority of other States, as deter- ‘‘(ii) except as provided in subparagraph (B), ‘‘(B) the overall management and effective- mined by the Administrator in biennial fiscal 1 dollar for each Federal dollar, in the case of ness of the FAST program. years, beginning with fiscal year 2000, based on a recipient that will serve small business con- ‘‘(2) REPORT.—During the first quarter of fis- the most recent statistics compiled by the Ad- cerns located in one of the 16 States receiving cal year 2004, the Inspector General of the Ad- ministrator.’’. the greatest number of such SBIR first phase ministration shall submit a report to the Com- SEC. 112. MENTORING NETWORKS. awards; and mittee on Small Business of the Senate and the The Small Business Act (15 U.S.C. 631 et seq.) ‘‘(iii) except as provided in subparagraph (B), Committee on Science and the Committee on is amended by inserting after section 34, as 75 cents for each Federal dollar, in the case of Small Business of the House of Representatives added by section 111(b)(2) of this Act, the fol- a recipient that will serve small business con- on the review conducted under paragraph (1). lowing new section: cerns located in a State that is not described in ‘‘(h) PROGRAM LEVELS.— ‘‘SEC. 35. MENTORING NETWORKS. clause (i) or (ii) that is receiving such SBIR first ‘‘(1) IN GENERAL.—There is authorized to be phase awards. appropriated to carry out the FAST program, ‘‘(a) FINDINGS.—Congress finds that— ‘‘(B) LOW-INCOME AREAS.—The non-Federal including Mentoring Networks, under this sec- ‘‘(1) the SBIR and STTR programs create jobs, share of the cost of the activity carried out tion and section 35, $10,000,000 for each of fiscal increase capacity for technological innovation, using an award or under a cooperative agree- years 2001 through 2005. and boost international competitiveness; ment under this section shall be 50 cents for ‘‘(2) MENTORING DATABASE.—Of the total ‘‘(2) increasing the quantity of applications each Federal dollar that will be directly allo- amount made available under paragraph (1) for from all States to the SBIR and STTR programs cated by a recipient described in subparagraph fiscal years 2001 through 2005, a reasonable would enhance competition for such awards and (A) to serve small business concerns located in a amount, not to exceed a total of $500,000, may be the quality of the completed projects; and qualified census tract, as that term is defined in used by the Administration to carry out section ‘‘(3) mentoring is a natural complement to the section 42(d)(5)(C)(ii) of the Internal Revenue 35(d). FAST program of reaching out to new compa- Code of 1986. Federal dollars not so allocated by ‘‘(i) TERMINATION.—The authority to carry nies regarding the SBIR and STTR programs as that recipient shall be subject to the matching out the FAST program under this section shall an effective and low-cost way to improve the requirements of subparagraph (A). terminate on September 30, 2005.’’. likelihood that such companies will succeed in ‘‘(C) TYPES OF FUNDING.—The non-Federal (c) COORDINATION OF TECHNOLOGY DEVELOP- such programs in developing and commer- share of the cost of an activity carried out by a MENT PROGRAMS.—Section 9 of the Small Busi- cializing their research. recipient shall be comprised of not less than 50 ness Act (15 U.S.C. 638) is amended by adding at ‘‘(b) AUTHORIZATION FOR MENTORING NET- percent cash and not more than 50 percent of in- the end the following: WORKS.—The recipient of an award or partici- direct costs and in-kind contributions, except ‘‘(u) COORDINATION OF TECHNOLOGY DEVEL- pant in a cooperative agreement under section that no such costs or contributions may be de- OPMENT PROGRAMS.— 34 may use a reasonable amount of such assist- rived from funds from any other Federal pro- ‘‘(1) DEFINITION OF TECHNOLOGY DEVELOP- ance for the establishment of a Mentoring Net- gram. MENT PROGRAM.—In this subsection, the term work under this section. ‘‘(D) RANKINGS.—For purposes of subpara- ‘technology development program’ means— ‘‘(c) CRITERIA FOR MENTORING NETWORKS.—A graph (A), the Administrator shall reevaluate ‘‘(A) the Experimental Program to Stimulate Mentoring Network established using assistance the ranking of a State once every 2 fiscal years, Competitive Research of the National Science under section 34 shall— beginning with fiscal year 2001, based on the Foundation, as established under section 113 of ‘‘(1) provide business advice and counseling to most recent statistics compiled by the Adminis- the National Science Foundation Authorization high technology small business concerns located trator. Act of 1988 (42 U.S.C. 1862g); in the State or region served by the Mentoring ‘‘(3) DURATION.—Awards may be made or co- ‘‘(B) the Defense Experimental Program to Network and identified under section operative agreements entered into under this Stimulate Competitive Research of the Depart- 34(c)(1)(E)(ii) as potential candidates for the section for multiple years, not to exceed 5 years ment of Defense; SBIR or STTR programs; in total. ‘‘(C) the Experimental Program to Stimulate ‘‘(2) identify volunteer mentors who— ‘‘(f) REPORTS.— Competitive Research of the Department of En- ‘‘(A) are persons associated with a small busi- ‘‘(1) INITIAL REPORT.—Not later than 120 days ergy; ness concern that has successfully completed after the date of the enactment of the Small ‘‘(D) the Experimental Program to Stimulate one or more SBIR or STTR funding agreements; Business Innovation Research Program Reau- Competitive Research of the Environmental Pro- and thorization Act of 2000, the Administrator shall tection Agency; ‘‘(B) have agreed to guide small business con- prepare and submit to the Committee on Small ‘‘(E) the Experimental Program to Stimulate cerns through all stages of the SBIR or STTR Business of the Senate and the Committee on Competitive Research of the National Aero- program process, including providing assistance Science and the Committee on Small Business of nautics and Space Administration; relating to— the House of Representatives a report, which ‘‘(F) the Institutional Development Award ‘‘(i) proposal writing; shall include, with respect to the FAST pro- Program of the National Institutes of Health; ‘‘(ii) marketing; gram, including Mentoring Networks— and ‘‘(iii) Government accounting; ‘‘(A) a description of the structure and proce- ‘‘(G) the National Research Initiative Com- ‘‘(iv) Government audits; dures of the program; petitive Grants Program of the Department of ‘‘(v) project facilities and equipment; ‘‘(B) a management plan for the program; and Agriculture. ‘‘(vi) human resources; ‘‘(C) a description of the merit-based review ‘‘(2) COORDINATION REQUIREMENTS.—Each ‘‘(vii) third phase partners; process to be used in the program. Federal agency that is subject to subsection (f) ‘‘(viii) commercialization; ‘‘(2) ANNUAL REPORTS.—The Administrator and that has established a technology develop- ‘‘(ix) venture capital networking; and shall submit an annual report to the Committee ment program may, in each fiscal year, review ‘‘(x) other matters relevant to the SBIR and on Small Business of the Senate and the Com- for funding under that technology development STTR programs; mittee on Science and the Committee on Small program— ‘‘(3) have experience working with small busi- Business of the House of Representatives re- ‘‘(A) any proposal to provide outreach and as- ness concerns participating in the SBIR and garding— sistance to one or more small business concerns STTR programs; ‘‘(A) the number and amount of awards pro- interested in participating in the SBIR program, ‘‘(4) contribute information to the national vided and cooperative agreements entered into including any proposal to make a grant or loan database referred to in subsection (d); and under the FAST program during the preceding to a company to pay a portion or all of the cost ‘‘(5) agree to reimburse volunteer mentors for year; of developing an SBIR proposal, from an entity, out-of-pocket expenses related to service as a ‘‘(B) a list of recipients under this section, in- organization, or individual located in— mentor under this section. cluding their location and the activities being ‘‘(i) a State that is eligible to participate in ‘‘(d) MENTORING DATABASE.—The Adminis- performed with the awards made or under the that program; or trator shall— cooperative agreements entered into; and ‘‘(ii) a State described in paragraph (3); or ‘‘(1) include in the database required by sec- ‘‘(C) the Mentoring Networks and the men- ‘‘(B) any proposal for the first phase of the tion 9(k)(1), in cooperation with the SBIR, toring database, as provided for under section SBIR program, if the proposal, though meri- STTR, and FAST programs, information on 35, including— torious, is not funded through the SBIR pro- Mentoring Networks and mentors participating

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9635 under this section, including a description of ‘‘(IV) the prepayment is made within the first (1) in subsection (a), by striking ‘‘On a pilot their areas of expertise; 3 years after disbursement of the loan proceeds. program basis, the’’ and inserting ‘‘The’’; ‘‘(2) work cooperatively with Mentoring Net- ‘‘(ii) SUBSIDY RECOUPMENT FEE.—The subsidy (2) by redesignating subsections (d) though (i) works to maintain and update the database; recoupment fee charged under clause (i) shall as subsections (e) though (j), respectively; ‘‘(3) take such action as may be necessary to be— (3) in subsection (f) (as redesignated by para- aggressively promote Mentoring Networks under ‘‘(I) 5 percent of the amount of prepayment, if graph (2)), by striking ‘‘subsection (f)’’ and in- this section; and the borrower prepays during the first year after serting ‘‘subsection (g)’’; ‘‘(4) fulfill the requirements of this subsection disbursement; (4) in subsection (h) (as redesignated by para- either directly or by contract.’’. ‘‘(II) 3 percent of the amount of prepayment, graph (2)), by striking ‘‘subsection (f)’’ and in- SEC. 113. SIMPLIFIED REPORTING REQUIRE- if the borrower prepays during the second year serting ‘‘subsection (g)’’; and MENTS. after disbursement; and (5) by inserting after subsection (c) the fol- Section 9 of the Small Business Act (15 U.S.C. ‘‘(III) 1 percent of the amount of prepayment, lowing: 638), as amended by this Act, is further amended if the borrower prepays during the third year ‘‘(d) SALE OF CERTAIN DEFAULTED LOANS.— by adding at the end the following new sub- after disbursement.’’. ‘‘(1) NOTICE.—If, upon default in repayment, section: the Administration acquires a loan guaranteed SEC. 206. GUARANTEE FEES. ‘‘(v) SIMPLIFIED REPORTING REQUIREMENTS.— under this section and identifies such loan for Section 7(a)(18)(B) of the Small Business Act The Administrator shall work with the Federal inclusion in a bulk asset sale of defaulted or re- (15 U.S.C. 636(a)(18)(B)) is amended to read as agencies required by this section to have an purchased loans or other financings, it shall follows: SBIR program to standardize reporting require- give prior notice thereof to any certified devel- ‘‘(B) EXCEPTION FOR CERTAIN LOANS.— ments for the collection of data from SBIR ap- opment company which has a contingent liabil- ‘‘(i) IN GENERAL.—Notwithstanding subpara- plicants and awardees, including data for inclu- ity under this section. The notice shall be given graph (A), if the total deferred participation sion in the database under subsection (k), tak- to the company as soon as possible after the fi- share of a loan guaranteed under this sub- ing into consideration the unique needs of each nancing is identified, but not less than 90 days section is less than or equal to $150,000, the agency, and to the extent possible, permitting before the date the Administration first makes guarantee fee collected under subparagraph (A) the updating of previously reported information any records on such financing available for ex- shall be in an amount equal to 2 percent of the by electronic means. Such requirements shall be amination by prospective purchasers prior to its total deferred participation share of the loan. designed to minimize the burden on small busi- offering in a package of loans for bulk sale. ‘‘(ii) RETENTION OF FEES.—Lenders partici- nesses.’’. ‘‘(2) LIMITATIONS.—The Administration shall pating in the programs established under this SEC. 114. RURAL OUTREACH PROGRAM EXTEN- not offer any loan described in paragraph (1) as SION. subsection may retain not more than 25 percent part of a bulk sale unless it— (a) EXTENSION OF TERMINATION DATE.—Sec- of the fee collected in accordance with this sub- ‘‘(A) provides prospective purchasers with the tion 501(b)(2) of the Small Business Reauthor- paragraph with respect to any loan not exceed- opportunity to examine the Administration’s ization Act of 1997 (15 U.S.C. 638 note; 111 Stat. ing $150,000 in gross loan amount.’’. records with respect to such loan; and 2622) is amended by striking ‘‘2001’’ and insert- SEC. 207. LEASE TERMS. ‘‘(B) provides the notice required by para- ing ‘‘2005’’. Section 7(a) of the Small Business Act (15 graph (1).’’. (b) EXTENSION OF AUTHORIZATION OF APPRO- U.S.C. 636(a)) is further amended by adding at SEC. 307. LOAN LIQUIDATION. PRIATIONS.—Section 9(s)(2) of the Small Busi- the end the following: (a) LIQUIDATION AND FORECLOSURE.—Title V ness Act (15 U.S.C. 638(s)(2)) is amended by ‘‘(28) LEASING.—In addition to such other of the Small Business Investment Act of 1958 (15 striking ‘‘for fiscal year 1998, 1999, 2000, or 2001’’ lease arrangements as may be authorized by the U.S.C. 695 et seq.) is amended by adding at the and inserting ‘‘for each of the fiscal years 2000 Administration, a borrower may permanently end the following: through 2005,’’. lease to one or more tenants not more than 20 ‘‘SEC. 510. FORECLOSURE AND LIQUIDATION OF TITLE II—GENERAL BUSINESS LOAN percent of any property constructed with the LOANS. PROGRAM proceeds of a loan guaranteed under this sub- ‘‘(a) DELEGATION OF AUTHORITY.—In accord- SEC. 201. SHORT TITLE. section, if the borrower permanently occupies ance with this section, the Administration shall This title may be cited as the ‘‘Small Business and uses not less than 60 percent of the total delegate to any qualified State or local develop- General Business Loan Improvement Act of business space in the property.’’. ment company (as defined in section 503(e)) that 2000’’. TITLE III—CERTIFIED DEVELOPMENT meets the eligibility requirements of subsection SEC. 202. LEVELS OF PARTICIPATION. COMPANY PROGRAM (b)(1) the authority to foreclose and liquidate, Section 7(a)(2)(A) of the Small Business Act SEC. 301. SHORT TITLE. or to otherwise treat in accordance with this (15 U.S.C. 636(a)(2)(A)) is amended— This title may be cited as the ‘‘Certified Devel- section, defaulted loans in its portfolio that are (1) in paragraph (i) by striking ‘‘$100,000’’ and opment Company Program Improvements Act of funded with the proceeds of debentures guaran- inserting ‘‘$150,000’’; and 2000’’. teed by the Administration under section 503. (2) in paragraph (ii)— ‘‘(b) ELIGIBILITY FOR DELEGATION.— (A) by striking ‘‘80 percent’’ and inserting ‘‘85 SEC. 302. WOMEN-OWNED BUSINESSES. ‘‘(1) REQUIREMENTS.—A qualified State or percent’’; and Section 501(d)(3)(C) of the Small Business In- local development company shall be eligible for (B) by striking ‘‘$100,000’’ and inserting vestment Act (15 U.S.C. 695(d)(3)(C)) is amended a delegation of authority under subsection (a) ‘‘$150,000’’. by inserting before the comma ‘‘or women- if— SEC. 203. LOAN AMOUNTS. owned business development’’. ‘‘(A) the company— Section 7(a)(3)(A) of the Small Business Act SEC. 303. MAXIMUM DEBENTURE SIZE. ‘‘(i) has participated in the loan liquidation (15 U.S.C. 636(a)(3)(A)) is amended by striking Section 502(2) of the Small Business Invest- pilot program established by the Small Business ‘‘$750,000,’’ and inserting, ‘‘$1,000,000 (or if the ment Act of 1958 (15 U.S.C. 696(2)) is amended to Programs Improvement Act of 1996 (15 U.S.C. gross loan amount would exceed $2,000,000),’’. read as follows: 695 note), as in effect on the day before promul- SEC. 204. INTEREST ON DEFAULTED LOANS. ‘‘(2) Loans made by the Administration under gation of final regulations by the Administra- Subparagraph (B) of section 7(a)(4) of the this section shall be limited to $1,000,000 for each tion implementing this section; Small Business Act (15 U.S.C. 636(a)(4)) is such identifiable small business concern, except ‘‘(ii) is participating in the Premier Certified amended by adding at the end the following: loans meeting the criteria specified in section Lenders Program under section 508; or ‘‘(iii) APPLICABILITY.—Clauses (i) and (ii) 501(d)(3), which shall be limited to $1,300,000 for ‘‘(iii) during the 3 fiscal years immediately shall not apply to loans made on or after Octo- each such identifiable small business concern.’’. prior to seeking such a delegation, has made an ber 1, 2000.’’. SEC. 304. FEES. average of not less than 10 loans per year that SEC. 205. PREPAYMENT OF LOANS. Section 503(f) of the Small Business Invest- are funded with the proceeds of debentures Section 7(a)(4) of the Small Business Act (15 ment Act of 1958 (15 U.S.C. 697(f)) is amended to guaranteed under section 503; and ‘‘(B) the company— U.S.C. 636(a)(4)) is further amended— read as follows: ‘‘(i) has one or more employees— (1) by striking ‘‘(4) INTEREST RATES AND ‘‘(f) EFFECTIVE DATE.—The fees authorized by ‘‘(I) with not less than 2 years of substantive, FEES.—’’ and inserting ‘‘(4) INTEREST RATES AND subsections (b) and (d) shall apply to financings decision-making experience in administering the PREPAYMENT CHARGES.—’’; and approved by the Administration on or after Oc- liquidation and workout of problem loans se- (2) by adding at the end the following: tober 1, 1996, but shall not apply to financings cured in a manner substantially similar to loans ‘‘(C) PREPAYMENT CHARGES.— approved by the Administration on or after Oc- funded with the proceeds of debentures guaran- ‘‘(i) IN GENERAL.—A borrower who prepays tober 1, 2003.’’. any loan guaranteed under this subsection shall teed under section 503; and remit to the Administration a subsidy SEC. 305. PREMIER CERTIFIED LENDERS PRO- ‘‘(II) who have completed a training program GRAM. recoupment fee calculated in accordance with on loan liquidation developed by the Adminis- Section 217(b) of the Small Business Reauthor- clause (ii) if— tration in conjunction with qualified State and ‘‘(I) the loan is for a term of not less than 15 ization and Amendments Act of 1994 (relating to local development companies that meet the re- years; section 508 of the Small Business Investment quirements of this paragraph; or ‘‘(II) the prepayment is voluntary; Act) is repealed. ‘‘(ii) submits to the Administration docu- ‘‘(III) the amount of prepayment in any cal- SEC. 306. SALE OF CERTAIN DEFAULTED LOANS. mentation demonstrating that the company has endar year is more than 25 percent of the out- Section 508 of the Small Business Investment contracted with a qualified third-party to per- standing balance of the loan; and Act of 1958 (15 U.S.C. 697e) is amended— form any liquidation activities and secures the

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9636 CONGRESSIONAL RECORD — SENATE October 2, 2000 approval of the contract by the Administration within the 15-day period required by subclause ‘‘(i) the total cost of the project financed with with respect to the qualifications of the con- (I), the Administration shall within such period the loan; tractor and the terms and conditions of liquida- provide in accordance with subparagraph (E) ‘‘(ii) the total original dollar amount guaran- tion activities. notice to the company that submitted the re- teed by the Administration; ‘‘(2) CONFIRMATION.—On request the Adminis- quest. ‘‘(iii) the total dollar amount of the loan at tration shall examine the qualifications of any ‘‘(C) WORKOUT PLAN.— the time of liquidation, foreclosure, or mitiga- company described in subsection (a) to deter- ‘‘(i) IN GENERAL.—In carrying out functions tion of loss; mine if such company is eligible for the delega- described in paragraph (1)(C), a qualified State ‘‘(iv) the total dollar losses resulting from the tion of authority under this section. If the Ad- or local development company shall submit to liquidation, foreclosure, or mitigation of loss; ministration determines that a company is not the Administration a proposed workout plan. and eligible, the Administration shall provide the ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— ‘‘(v) the total recoveries resulting from the liq- company with the reasons for such ineligibility. ‘‘(I) TIMING.—Not later than 15 business days uidation, foreclosure, or mitigation of loss, both ‘‘(c) SCOPE OF DELEGATED AUTHORITY.— after a workout plan is received by the Adminis- as a percentage of the amount guaranteed and ‘‘(1) IN GENERAL.—Each qualified State or tration under clause (i), the Administration the total cost of the project financed. local development company to which the Admin- shall approve or reject the plan. ‘‘(B) With respect to each qualified State or istration delegates authority under section (a) ‘‘(II) NOTICE OF NO DECISION.—With respect to local development company to which authority may with respect to any loan described in sub- any workout plan that cannot be approved or is delegated under this section, the totals of section (a)— denied within the 15-day period required by sub- each of the amounts described in clauses (i) ‘‘(A) perform all liquidation and foreclosure clause (I), the Administration shall within such through (v) of subparagraph (A). functions, including the purchase in accordance period provide in accordance with subparagraph ‘‘(C) With respect to all loans subject to fore- with this subsection of any other indebtedness (E) notice to the company that submitted the closure, liquidation, or mitigation under this secured by the property securing the loan, in a plan. section, the totals of each of the amounts de- reasonable and sound manner according to com- ‘‘(D) COMPROMISE OF INDEBTEDNESS.—In car- scribed in clauses (i) through (v) of subpara- mercially accepted practices, pursuant to a liq- rying out functions described in paragraph graph (A). uidation plan approved in advance by the Ad- (1)(A), a qualified State or local development ‘‘(D) A comparison between— ministration under paragraph (2)(A); company may— ‘‘(i) the information provided under subpara- ‘‘(B) litigate any matter relating to the per- ‘‘(i) consider an offer made by an obligor to graph (C) with respect to the 12-month period formance of the functions described in subpara- compromise the debt for less than the full preceding the date on which the report is sub- graph (A), except that the Administration may— amount owing; and mitted; and ‘‘(ii) pursuant to such an offer, release any ‘‘(i) defend or bring any claim if— ‘‘(ii) the same information with respect to obligor or other party contingently liable, if the ‘‘(I) the outcome of the litigation may ad- loans foreclosed and liquidated, or otherwise company secures the written approval of the versely affect the Administration’s management treated, by the Administration during the same Administration. of the loan program established under section period. ‘‘(E) CONTENTS OF NOTICE OF NO DECISION.— 502; or ‘‘(E) The number of times that the Adminis- Any notice provided by the Administration ‘‘(II) the Administration is entitled to legal tration has failed to approve or reject a liquida- under subparagraphs (A)(ii)(II), (B)(ii)(II), or remedies not available to a qualified State or tion plan in accordance with subparagraph (C)(ii)(II)— local development company and such remedies (A)(i), a workout plan in accordance with sub- ‘‘(i) shall be in writing; paragraph (C)(i), or to approve or deny a re- will benefit either the Administration or the ‘‘(ii) shall state the specific reason for the Ad- quest for purchase of indebtedness under sub- qualified State or local development company; ministration’s inability to act on a plan or re- paragraph (B)(i), including specific information or quest; ‘‘(ii) oversee the conduct of any such litiga- ‘‘(iii) shall include an estimate of the addi- regarding the reasons for the Administration’s tion; and tional time required by the Administration to act failure and any delays that resulted.’’. ‘‘(C) take other appropriate actions to miti- on the plan or request; and (b) REGULATIONS.— gate loan losses in lieu of total liquidation or ‘‘(iv) if the Administration cannot act because (1) IN GENERAL.—Not later than 150 days after foreclosures, including the restructuring of a insufficient information or documentation was the date of the enactment of this Act, the Ad- loan in accordance with prudent loan servicing provided by the company submitting the plan or ministrator shall issue such regulations as may practices and pursuant to a workout plan ap- request, shall specify the nature of such addi- be necessary to carry out section 510 of the proved in advance by the Administration under tional information or documentation. Small Business Investment Act of 1958, as added paragraph (2)(C). ‘‘(3) CONFLICT OF INTEREST.—In carrying out by subsection (a) of this section. ‘‘(2) ADMINISTRATION APPROVAL.— functions described in paragraph (1), a qualified (2) TERMINATION OF PILOT PROGRAM.—Begin- ‘‘(A) LIQUIDATION PLAN.— State or local development company shall take ning on the date which the final regulations are ‘‘(i) IN GENERAL.—Before carrying out func- no action that would result in an actual or ap- issued under paragraph (1), section 204 of the tions described in paragraph (1)(A), a qualified parent conflict of interest between the company Small Business Programs Improvement Act of State or local development company shall submit (or any employee of the company) and any third 1996 (15 U.S.C. 695 note) shall cease to have ef- to the Administration a proposed liquidation party lender, associate of a third party lender, fect. plan. or any other person participating in a liquida- TITLE IV—CORRECTIONS TO THE SMALL ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— tion, foreclosure, or loss mitigation action. BUSINESS INVESTMENT ACT OF 1958 ‘‘(I) TIMING.—Not later than 15 business days ‘‘(d) SUSPENSION OR REVOCATION OF AUTHOR- SEC. 401. SHORT TITLE. after a liquidation plan is received by the Ad- ITY.—The Administration may revoke or sus- ministration under clause (i), the Administra- This title may be cited as the ‘‘Small Business pend a delegation of authority under this sec- Investment Corrections Act of 2000’’. tion shall approve or reject the plan. tion to any qualified State or local development SEC. 402. DEFINITIONS. ‘‘(II) NOTICE OF NO DECISION.—With respect to company, if the Administration determines that (a) SMALL BUSINESS CONCERN.—Section any plan that cannot be approved or denied the company— within the 15-day period required by subclause ‘‘(1) does not meet the requirements of sub- 103(5)(A)(i) of the Small Business Investment (I), the Administration shall within such period section (b)(1); Act of 1958 (15 U.S.C. 662(5)(A)(i)) is amended provide in accordance with subparagraph (E) ‘‘(2) has violated any applicable rule or regu- by inserting ‘‘regardless of the allocation of con- notice to the company that submitted the plan. lation of the Administration or any other appli- trol during the investment period under any in- ‘‘(iii) ROUTINE ACTIONS.—In carrying out cable law; or vestment agreement between the business con- functions described in paragraph (1)(A), a ‘‘(3) fails to comply with any reporting re- cern and the entity making the investment’’ be- qualified State or local development company quirement that may be established by the Ad- fore the semicolon at the end. may undertake routine actions not addressed in ministration relating to carrying out of func- (b) LONG TERM.—Section 103 of the Small a liquidation plan without obtaining additional tions described in paragraph (1). Business Investment Act of 1958 (15 U.S.C. 662) approval from the Administration. ‘‘(e) REPORT.— is amended— ‘‘(B) PURCHASE OF INDEBTEDNESS.— ‘‘(1) IN GENERAL.—Based on information pro- (1) in paragraph (15), by striking ‘‘and’’ at ‘‘(i) IN GENERAL.—In carrying out functions vided by qualified State and local development the end; described in paragraph (1)(A), a qualified State companies and the Administration, the Adminis- (2) in paragraph (16), by striking the period at or local development company shall submit to tration shall annually submit to the Committees the end and inserting ‘‘; and’’; and the Administration a request for written ap- on Small Business of the House of Representa- (3) by adding at the end the following new proval before committing the Administration to tives and of the Senate a report on the results paragraph: the purchase of any other indebtedness secured of delegation of authority under this section. ‘‘(17) the term ‘long term’, when used in con- by the property securing a defaulted loan. ‘‘(2) CONTENTS.—Each report submitted under nection with equity capital or loan funds in- ‘‘(ii) ADMINISTRATION ACTION ON REQUEST.— paragraph (1) shall include the following infor- vested in any small business concern or smaller ‘‘(I) TIMING.—Not later than 15 business days mation: enterprise, means any period of time not less after receiving a request under clause (i), the ‘‘(A) With respect to each loan foreclosed or than 1 year.’’. Administration shall approve or deny the re- liquidated by a qualified State or local develop- SEC. 403. INVESTMENT IN SMALL BUSINESS IN- quest. ment company under this section, or for which VESTMENT COMPANIES. ‘‘(II) NOTICE OF NO DECISION.—With respect to losses were otherwise mitigated by the company Section 302(b) of the Small Business Invest- any request that cannot be approved or denied pursuant to a workout plan under this section— ment Act of 1958 (15 U.S.C. 682(b)) is amended—

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9637 (1) by striking ‘‘(b) Notwithstanding’’ and in- $19,050,000,000 in deferred participation loans ‘‘(D) For the programs authorized by part B serting the following: and other financings. Of such sum, the Admin- of title IV of the Small Business Investment Act ‘‘(b) FINANCIAL INSTITUTION INVESTMENTS.— istration is authorized to make— of 1958, the Administration is authorized to ‘‘(1) CERTAIN BANKS.—Notwithstanding’’; and ‘‘(i) $14,500,000,000 in general business loans enter into guarantees not to exceed (2) by adding at the end the following: as provided in section 7(a); $5,000,000,000 of which not more than 50 percent ‘‘(2) CERTAIN SAVINGS ASSOCIATIONS.—Not- ‘‘(ii) $4,000,000,000 in financings as provided may be in bonds approved pursuant to section withstanding any other provision of law, any in section 7(a)(13) of this Act and section 504 of 411(a)(3) of that Act. Federal savings association may invest in any the Small Business Investment Act of 1958; ‘‘(E) The Administration is authorized to one or more small business investment compa- ‘‘(iii) $500,000,000 in loans as provided in sec- make grants or enter cooperative agreements for nies, or in any entity established to invest solely tion 7(a)(21); and a total amount of $6,000,000 for the Service in small business investment companies, except ‘‘(iv) $50,000,000 in loans as provided in sec- Corps of Retired Executives program authorized that in no event may the total amount of such tion 7(m). by section 8(b)(1). investments by any such Federal savings asso- ‘‘(C) For the programs authorized by title III ‘‘(2) ADDITIONAL AUTHORIZATIONS.— ciation exceed 5 percent of the capital and sur- of the Small Business Investment Act of 1958, ‘‘(A) There are authorized to be appropriated plus of the Federal savings association.’’. the Administration is authorized to make— to the Administration for fiscal year 2002 such ‘‘(i) $2,500,000,000 in purchases of partici- SEC. 404. SUBSIDY FEES. sums as may be necessary to carry out the provi- pating securities; and sions of this Act not elsewhere provided for, in- (a) DEBENTURES.—Section 303(b) of the Small ‘‘(ii) $1,500,000,000 in guarantees of deben- Business Investment Act of 1958 (15 U.S.C. cluding administrative expenses and necessary tures. loan capital for disaster loans pursuant to sec- 683(b)) is amended by striking ‘‘plus an addi- ‘‘(D) For the programs authorized by part B tion 7(b), and to carry out title IV of the Small tional charge of 1 percent per annum which of title IV of the Small Business Investment Act Business Investment Act of 1958, including sala- shall be paid to and retained by the Administra- of 1958, the Administration is authorized to tion’’ and inserting ‘‘plus, for debentures issued ries and expenses of the Administration. enter into guarantees not to exceed ‘‘(B) Notwithstanding any other provision of after September 30, 2000, an additional charge, $4,000,000,000 of which not more than 50 percent in an amount established annually by the Ad- this paragraph, for fiscal year 2002— may be in bonds approved pursuant to section ‘‘(i) no funds are authorized to be used as ministration, of not more than 1 percent per 411(a)(3) of that Act. year as necessary to reduce to zero the cost (as loan capital for the loan program authorized by ‘‘(E) The Administration is authorized to section 7(a)(21) except by transfer from another defined in section 502 of the Federal Credit Re- make grants or enter cooperative agreements for form Act of 1990 (2 U.S.C. 661a)) to the Adminis- Federal department or agency to the Adminis- a total amount of $5,000,000 for the Service tration, unless the program level authorized for tration of purchasing and guaranteeing deben- Corps of Retired Executives program authorized tures under this Act, which shall be paid to and general business loans under paragraph by section 8(b)(1). (1)(B)(i) is fully funded; and retained by the Administration’’. ‘‘(2) ADDITIONAL AUTHORIZATIONS.— ‘‘(ii) the Administration may not approve (b) PARTICIPATING SECURITIES.—Section ‘‘(A) There are authorized to be appropriated loans on its own behalf or on behalf of any 303(g)(2) of the Small Business Investment Act to the Administration for fiscal year 2001 such other Federal department or agency, by contract of 1958 (15 U.S.C. 683(g)(2)) is amended by strik- sums as may be necessary to carry out the provi- or otherwise, under terms and conditions other ing ‘‘plus an additional charge of 1 percent per sions of this Act not elsewhere provided for, in- than those specifically authorized under this annum which shall be paid to and retained by cluding administrative expenses and necessary Act or the Small Business Investment Act of the Administration’’ and inserting ‘‘plus, for loan capital for disaster loans pursuant to sec- 1958, except that it may approve loans under participating securities issued after September tion 7(b), and to carry out title IV of the Small section 7(a)(21) of this Act in gross amounts of 30, 2000, an additional charge, in an amount es- Business Investment Act of 1958, including sala- not more than $1,250,000. tablished annually by the Administration, of ries and expenses of the Administration. ‘‘(i) FISCAL YEAR 2003.— not more than 1 percent per year as necessary to ‘‘(B) Notwithstanding any other provision of ‘‘(1) PROGRAM LEVELS.—The following pro- reduce to zero the cost (as defined in section 502 this paragraph, for fiscal year 2001— gram levels are authorized for fiscal year 2003: of the Federal Credit Reform Act of 1990 (2 ‘‘(i) no funds are authorized to be used as ‘‘(A) For the programs authorized by this Act, U.S.C. 661a)) to the Administration of pur- loan capital for the loan program authorized by the Administration is authorized to make— chasing and guaranteeing participating securi- section 7(a)(21) except by transfer from another ‘‘(i) $70,000,000 in technical assistance grants ties under this Act, which shall be paid to and Federal department or agency to the Adminis- as provided in section 7(m); and tration, unless the program level authorized for retained by the Administration’’. ‘‘(ii) $100,000,000 in direct loans, as provided general business loans under paragraph SEC. 405. DISTRIBUTIONS. in 7(m). Section 303(g)(8) of the Small Business Invest- (1)(B)(i) is fully funded; and ‘‘(B) For the programs authorized by this Act, ‘‘(ii) the Administration may not approve ment Act of 1958 (15 U.S.C. 683(g)(8)) is amend- the Administration is authorized to make loans on its own behalf or on behalf of any ed— $21,550,000,000 in deferred participation loans other Federal department or agency, by contract (1) by striking ‘‘subchapter s corporation’’ and other financings. Of such sum, the Admin- or otherwise, under terms and conditions other and inserting ‘‘subchapter S corporation’’; istration is authorized to make— than those specifically authorized under this (2) by striking ‘‘the end of any calendar quar- ‘‘(i) $16,000,000,000 in general business loans Act or the Small Business Investment Act of ter based on a quarterly’’ and inserting ‘‘any as provided in section 7(a); time during any calendar quarter based on an’’; 1958, except that it may approve loans under ‘‘(ii) $5,000,000,000 in financings as provided and section 7(a)(21) of this Act in gross amounts of in section 7(a)(13) of this Act and section 504 of (3) by striking ‘‘quarterly distributions for a not more than $1,250,000. the Small Business Investment Act of 1958; ‘‘(h) FISCAL YEAR 2002.— calendar year,’’ and inserting ‘‘interim distribu- ‘‘(iii) $500,000,000 in loans as provided in sec- ‘‘(1) PROGRAM LEVELS.—The following pro- tions for a calendar year,’’. tion 7(a)(21); and gram levels are authorized for fiscal year 2002: ‘‘(iv) $50,000,000 in loans as provided in sec- SEC. 406. CONFORMING AMENDMENT. ‘‘(A) For the programs authorized by this Act, tion 7(m). Section 310(c)(4) of the Small Business Invest- the Administration is authorized to make— ment Act of 1958 (15 U.S.C. 687b(c)(4)) is amend- ‘‘(i) $60,000,000 in technical assistance grants ‘‘(C) For the programs authorized by title III ed by striking ‘‘five years’’ and inserting ‘‘1 as provided in section 7(m); and of the Small Business Investment Act of 1958, year’’. ‘‘(ii) $80,000,000 in direct loans, as provided in the Administration is authorized to make— ‘‘(i) $4,000,000,000 in purchases of partici- TITLE V—REAUTHORIZATION OF SMALL 7(m). pating securities; and BUSINESS PROGRAMS ‘‘(B) For the programs authorized by this Act, the Administration is authorized to make ‘‘(ii) $3,000,000,000 in guarantees of deben- SEC. 501. SHORT TITLE. $20,050,000,000 in deferred participation loans tures. This title may be cited as the ‘‘Small Business and other financings. Of such sum, the Admin- ‘‘(D) For the programs authorized by part B Reauthorization Act of 2000’’. istration is authorized to make— of title IV of the Small Business Investment Act SEC. 502. REAUTHORIZATION OF SMALL BUSI- ‘‘(i) $15,000,000,000 in general business loans of 1958, the Administration is authorized to NESS PROGRAMS. as provided in section 7(a); enter into guarantees not to exceed Section 20 of the Small Business Act (15 U.S.C. ‘‘(ii) $4,500,000,000 in financings as provided $6,000,000,000 of which not more than 50 percent 631 note) is amended by adding at the end the in section 7(a)(13) of this Act and section 504 of may be in bonds approved pursuant to section following: the Small Business Investment Act of 1958; 411(a)(3) of that Act. ‘‘(g) FISCAL YEAR 2001.— ‘‘(iii) $500,000,000 in loans as provided in sec- ‘‘(E) The Administration is authorized to ‘‘(1) PROGRAM LEVELS.—The following pro- tion 7(a)(21); and make grants or enter into cooperative agree- gram levels are authorized for fiscal year 2001: ‘‘(iv) $50,000,000 in loans as provided in sec- ments for a total amount of $7,000,000 for the ‘‘(A) For the programs authorized by this Act, tion 7(m). Service Corps of Retired Executives program au- the Administration is authorized to make— ‘‘(C) For the programs authorized by title III thorized by section 8(b)(1). ‘‘(i) $45,000,000 in technical assistance grants of the Small Business Investment Act of 1958, ‘‘(2) ADDITIONAL AUTHORIZATIONS.— as provided in section 7(m); and the Administration is authorized to make— ‘‘(A) There are authorized to be appropriated ‘‘(ii) $60,000,000 in direct loans, as provided in ‘‘(i) $3,500,000,000 in purchases of partici- to the Administration for fiscal year 2003 such 7(m). pating securities; and sums as may be necessary to carry out the provi- ‘‘(B) For the programs authorized by this Act, ‘‘(ii) $2,500,000,000 in guarantees of deben- sions of this Act not elsewhere provided for, in- the Administration is authorized to make tures. cluding administrative expenses and necessary

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loan capital for disaster loans pursuant to sec- lished under this Act or the Small Business In- ‘‘(C) FUNDING FORMULA.— tion 7(b), and to carry out title IV of the Small vestment Act of 1958 (15 U.S.C. 661 et seq.) shall ‘‘(i) IN GENERAL.—Subject to clause (iii), the Business Investment Act of 1958, including sala- be applied without regard to any possible future amount of a formula grant received by a State ries and expenses of the Administration. ownership interest of a spouse arising from the under this subparagraph shall be equal to an ‘‘(B) Notwithstanding any other provision of application of any State community property amount determined in accordance with the fol- this paragraph, for fiscal year 2003— law established for the purpose of determining lowing formula: ‘‘(i) no funds are authorized to be used as marital interest.’’. ‘‘(I) The annual amount made available under loan capital for the loan program authorized by SEC. 603. ELIGIBILITY FOR HUBZONE PROGRAM. section 20(a) for the Small Business Develop- section 7(a)(21) except by transfer from another Section 3(p)(5) of the Small Business Act (15 ment Center Program, less any reductions made Federal department or agency to the Adminis- U.S.C. 632(p)(5)) is amended by adding at the for expenses authorized by clause (v) of this tration, unless the program level authorized for end the following new subparagraph: subparagraph, shall be divided on a pro rata general business loans under paragraph ‘‘(E) EXTENSION OF ELIGIBILITY.—If a geo- basis, based on the percentage of the population (1)(B)(i) is fully funded; and graphic area that qualified as a HUBZone of each State, as compared to the population of ‘‘(ii) the Administration may not approve under this subsection ceases to qualify as a re- the United States. loans on its own behalf or on behalf of any sult of a change in official government data or ‘‘(II) If the pro rata amount calculated under other Federal department or agency, by contract boundary designations, each small business con- subclause (I) for any State is less than the min- or otherwise, under terms and conditions other cern certified as HUBZone small business con- imum funding level under clause (iii), the Ad- than those specifically authorized under this cern in connection with such geographic area ministration shall determine the aggregate Act or the Small Business Investment Act of shall remain certified as such for a period of 1 amount necessary to achieve that minimum 1958, except that it may approve loans under year after the effective date of the change in funding level for each such State. section 7(a)(21) of this Act in gross amounts of HUBZone status, if the small business concern ‘‘(III) The aggregate amount calculated under not more than $1,250,000.’’. continues to meet each of the other qualifica- subclause (II) shall be deducted from the SEC. 503. ADDITIONAL REAUTHORIZATIONS. tions applicable to a HUBZone small business amount calculated under subclause (I) for (a) SMALL BUSINESS DEVELOPMENT CENTERS concern.’’. States eligible to receive more than the minimum funding level. The deductions shall be made on PROGRAM.—Section 21(a)(4)(C)(iii)(III) of the SEC. 604. SUBCONTRACTING PREFERENCE FOR Small Business Act (15 U.S.C. VETERANS. a pro rata basis, based on the population of 648(a)(4)(C)(iii)(III)) is amended by striking Section 8(d) of the Small Business Act (15 each such State, as compared to the total popu- ‘‘$95,000,000’’ and inserting ‘‘$125,000,000’’. U.S.C. 637(d)) is amended— lation of all such States. (b) DRUG-FREE WORKPLACE PROGRAM.—Sec- (1) in paragraph (1), by inserting ‘‘small busi- ‘‘(IV) The aggregate amount deducted under tion 27 of the Small Business Act (15 U.S.C. 654) ness concerns owned and controlled by vet- subclause (III) shall be added to the grants of is amended— erans,’’ after ‘‘small business concerns,’’ the those States that are not eligible to receive more (1) in the section heading, by striking first place that term appears in each of the first than the minimum funding level in order to ‘‘DRUG-FREE WORKPLACE DEMONSTRA- and second sentences; achieve the minimum funding level for each TION PROGRAM’’ and inserting ‘‘PAUL D. (2) in paragraph (3)— such State, except that the eligible amount of a COVERDELL DRUG-FREE WORKPLACE (A) in subparagraph (A), by inserting ‘‘small grant to any State shall not be reduced to an PROGRAM’’; and business concerns owned and controlled by serv- amount below the minimum funding level. (2) in subsection (g)(1), by striking ice-disabled veterans,’’ after ‘‘small business ‘‘(ii) GRANT DETERMINATION.—The amount of ‘‘$10,000,000 for fiscal years 1999 and 2000’’ and concerns owned and controlled by veterans,’’ in a grant that a State is eligible to apply for inserting ‘‘$5,000,000 for each of fiscal years 2001 each of the first and second sentences; and under this subparagraph shall be the amount through 2003’’. (B) in subparagraph (F), by inserting ‘‘small determined under clause (i), subject to any (c) HUBZONE PROGRAM.—Section 31 of the business concern owned and controlled by serv- modifications required under clause (iii), and Small Business Act (15 U.S.C. 657a) is amended ice-disabled veterans,’’ after ‘‘small business shall be based on the amount available for the by adding at the end the following new sub- concern owned and controlled by veterans,’’; fiscal year in which performance of the grant section: and commences, but not including amounts distrib- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (3) in each of paragraphs (4)(D), (4)(E), uted in accordance with clause (iv). The amount There is authorized to be appropriated to carry (6)(A), (6)(C), (6)(F), and (10)(B), by inserting of a grant received by a State under any provi- out the program established by this section ‘‘small business concern owned and controlled sion of this subparagraph shall not exceed the $10,000,000 for each of fiscal years 2001 through by service-disabled veterans,’’ after ‘‘small busi- amount of matching funds from sources other 2003.’’. ness concerns owned and controlled by vet- than the Federal Government, as required under (d) WOMEN’S BUSINESS ENTERPRISE DEVELOP- erans,’’. subparagraph (A). MENT PROGRAMS.—Section 411 of the Women’s ‘‘(iii) MINIMUM FUNDING LEVEL.—The amount Business Ownership Act (Public Law 105–135; 15 SEC. 605. SMALL BUSINESS DEVELOPMENT CEN- TER PROGRAM FUNDING. of the minimum funding level for each State U.S.C. 631 note) is amended by striking (a) AUTHORIZATION.— shall be determined for each fiscal year based on ‘‘$600,000, for each of fiscal years 1998 through (1) IN GENERAL.—Section 20(a)(1) of the Small the amount made available for that fiscal year 2000,’’ and inserting ‘‘$1,000,000 for each of fis- Business Act (15 U.S.C. 631 note) is amended by to carry out this section, as follows: cal years 2001 through 2003,’’. striking ‘‘For fiscal year 1985’’ and all that fol- ‘‘(I) If the amount made available is not less (e) VERY SMALL BUSINESS CONCERNS PRO- lows through ‘‘expended.’’ and inserting the fol- than $81,500,000 and not more than $90,000,000, GRAM.—Section 304(i) of the Small Business Ad- lowing: ‘‘For fiscal year 2000 and each fiscal the minimum funding level shall be $500,000. ministration Reauthorization and Amendments year thereafter, there are authorized to be ap- ‘‘(II) If the amount made available is less Act of 1994 (Public Law 103–403; 15 U.S.C. 644 propriated such sums as may be necessary and than $81,500,000, the minimum funding level note) is amended by striking ‘‘September 30, appropriate, to remain available until expended, shall be the remainder of $500,000 minus a per- 2000’’ and inserting ‘‘September 30, 2003’’. and to be available solely— centage of $500,000 equal to the percentage (f) SOCIALLY AND ECONOMICALLY DISADVAN- ‘‘(A) to carry out the Small Business Develop- amount by which the amount made available is TAGED BUSINESSES PROGRAM.—Section 7102(c) of ment Center Program under section 21, but not less than $81,500,000. the Federal Acquisition Streamlining Act of 1994 to exceed the annual funding level, as specified ‘‘(III) If the amount made available is more (Public Law 103–355; 15 U.S.C. 644 note) is in section 21(a); than $90,000,000, the minimum funding level amended by striking ‘‘September 30, 2000’’ and ‘‘(B) to pay the expenses of the National shall be the sum of $500,000 plus a percentage of inserting ‘‘September 30, 2003’’. Small Business Development Center Advisory $500,000 equal to the percentage amount by TITLE VI—MISCELLANEOUS PROVISIONS Board, as provided in section 21(i); which the amount made available exceeds SEC. 601. LOAN APPLICATION PROCESSING. ‘‘(C) to pay the expenses of the information $90,000,000. (a) STUDY.—The Administrator of the Small sharing system, as provided in section 21(c)(8); ‘‘(iv) DISTRIBUTIONS.—Subject to clause (iii), Business Administration shall conduct a study ‘‘(D) to pay the expenses of the association re- if any State does not apply for, or use, its full to determine the average time that the Adminis- ferred to in section 21(a)(3)(A) for conducting funding eligibility for a fiscal year, the Adminis- tration requires to process an application for the certification program, as provided in section tration shall distribute the remaining funds as each type of loan or loan guarantee made under 21(k)(2); and follows: the Small Business Act (15 U.S.C. 631 et seq.). ‘‘(E) to pay the expenses of the Administra- ‘‘(I) If the grant to any State is less than the (b) TRANSMITTAL.—Not later than 1 year after tion, including salaries of examiners, for con- amount received by that State in fiscal year the date of the enactment of this title, the Ad- ducting examinations as part of the certification 2000, the Administration shall distribute such ministrator shall transmit to Congress the re- program conducted by the association referred remaining funds, on a pro rata basis, based on sults of the study conducted under subsection to in section 21(a)(3)(A).’’. the percentage of shortage of each such State, (a). (2) TECHNICAL AMENDMENT.—Section 20(a) of as compared to the total amount of such remain- SEC. 602. APPLICATION OF OWNERSHIP REQUIRE- the Small Business Act (15 U.S.C. 631 note) is ing funds available, to the extent necessary in MENTS. further amended by moving paragraphs (3) and order to increase the amount of the grant to the Section 2 of the Small Business Act (15 U.S.C. (4), including subparagraphs (A) and (B) of amount received by that State in 2000, or until 631) is amended by adding at the end the fol- paragraph (4), 2 ems to the left. such funds are exhausted, whichever first oc- lowing new subsection: (b) FUNDING FORMULA.—Section 21(a)(4)(C) of curs. ‘‘(k) APPLICATION OF OWNERSHIP REQUIRE- the Small Business Act (15 U.S.C. 648(a)(4)(C)) ‘‘(II) If any funds remain after the applica- MENTS.—Each ownership requirement estab- is amended to read as follows: tion of subclause (I), the remaining amount may

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9639 be distributed as supplemental grants to any this legislation: H.R. 2614 (The Cer- There are two major provisions that State, as the Administration determines, in its tified Development Company Program were included in S. 3121, the Small discretion, to be appropriate, after consultation Improvement Act of 2000), H.R. 2615, (to Business Reauthorization Act of 2000, with the association referred to in subsection make improvements to the 7(a) guaran- which was reported favorably from the (a)(3)(A). teed business loan program), H.R. 3843, ‘‘(v) USE OF AMOUNTS.— Senate Committee on Small Business, ‘‘(I) IN GENERAL.—Of the amounts made avail- (the Small Business Reauthorization but which have not been included in able in any fiscal year to carry out this sec- Act of 2000), and H.R. 3845, (the Small the Bond-Kerry substitute amendment. tion— Business Investment Corrections Act of I have withdrawn the two provisions in ‘‘(aa) not more than $500,000 may be used by 2000). order to expedite congressional passage the Administration to pay expenses enumerated While the House-passed bill includes and the enactment of this important in subparagraphs (B) through (D) of section many important programs to help SBA and SBIR re-authorization legisla- 20(a)(1); and small businesses, there are some seri- tion. It is my intention to make pas- ‘‘(bb) not more than $500,000 may be used by ous omissions. Although I strongly the Administration to pay the examination ex- sage of these provisions a high priority penses enumerated in section 20(a)(1)(E). support H.R. 2392 as amended by the in the next Congress. ‘‘(II) LIMITATION.—No funds described in sub- House, Senator JOHN KERRY and I are Earlier this year, the Committee on clause (I) may be used for examination expenses offering an amendment in the nature of Small Business approved an important under section 20(a)(1)(E) if the usage would re- a substitute to restore some of the provision that would reverse a serious duce the amount of grants made available under most serious omissions to H.R. 2392. problem caused by the SBA in its im- clause (i)(I) to less than $85,000,000 (after ex- Our amendment adds to, but does not plementation of the HUBZone Pro- cluding any amounts provided in appropriations remove, any provisions from the gram, which the Congress enacted in Acts for specific institutions or for purposes other than the general small business develop- House-passed bill. 1997 as part of the Small Business Re- ment center program) or would further reduce The House-passed version of H.R. 2392 authorization Act. As many of my col- the amount of such grants below such amount. failed to include some very key provi- leagues in the Senate know, the ‘‘(vi) EXCLUSIONS.—Grants provided to a State sions that are critical to the mission of HUBZone Program directs a portion of by the Administration or another Federal agen- SBA in Fiscal Year 2001. The House bill the Federal contracting dollars into cy to carry out subsection (c)(3)(G) or (a)(6) or did include the Senate-passed bill to economically distressed areas of the supplemental grants set forth in clause (iv)(II) improve and extend the SBIR program country that have been out of the eco- of this subparagraph, shall not be included in for eight years, and it did adopt au- nomic mainstream for far too long. the calculation of maximum funding for a State thorization levels for SBA programs in- under clause (ii) of this subparagraph. HUBZone areas, which include quali- ‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.— cluded in the Senate version of the fied census tracts, rural counties, and There is authorized to be appropriated to carry Small Business Reauthorization Act of Indian reservations, often are rel- out this subparagraph $125,000,000 for each of 2000. However, the House bill failed to atively out-of-the-way places that the fiscal years 2001, 2002, and 2003. include many key provisions that were stream of commerce often by-passe. ‘‘(viii) STATE DEFINED.—In this subparagraph, approved by the Senate Committee on They tend to be low-traffic areas that the term ‘State’ means each of the several Small Business earlier this year. Our do not have a reliable customer base to States, the District of Columbia, the Common- Substitute Amendment will restore support business development. As a re- wealth of Puerto Rico, the Virgin Islands, some of the most important omitted Guam, American Samoa, the Commonwealth of sult, business has been reluctant to the Northern Mariana Islands, and any other provisions. move into these areas. It simply has commonwealth, territory, or possession of the The following is a list of the program not been profitable absent a customer United States.’’. amendments that were excluded from base to keep them operating. SEC. 606. SURETY BONDS. the House bill that we have included in The HUBZone Act seeks to overcome (a) CONTRACT AMOUNTS.—Section 411 of the the Bond-Kerry substitute amendment: this problem by making it possible for Small Business Investment Act of 1958 (15 U.S.C. Senator KERRY’s Microloan program the Federal government to become a 694b) is amended— amendments that make extensive im- customer for small businesses that lo- (1) in subsection (a)(1), by striking provements in this key small business cate in HUBZones. While a small busi- ‘‘$1,250,000’’ and inserting ‘‘$2,000,000’’; and credit program; re-authorization of the ness works to establish its regular cus- (2) in subsection (e)(2), by striking National Women’s Business Council, an ‘‘$1,250,000’’ and inserting ‘‘$2,000,000’’. tomer base, a Federal contract can (b) EXTENSION OF CERTAIN AUTHORITY.—Sec- amendment sponsored by Senator LAN- help it stabilize its revenues and its tion 207 of the Small Business Administration DRIEU during the committee markup; a profitability. This program provides Reauthorization and Amendment Act of 1988 (15 change in the small business size small business a chance to gain an eco- U.S.C. 694b note) is amended by striking ‘‘2000’’ standard system proposed by Senator nomic foothold and to provide jobs to and inserting ‘‘2003’’. FEINSTEIN that will help small fresh these areas. New businesses, more in- AMENDMENT NO. 4286 fruit and vegetable packing houses to vestments and new job opportunities (Purpose: To provide for a complete qualify for Federal disaster relief; com- mean new life and new hope for these substitute) prehensive amendments that I spon- communities. Mr. KYL. I ask unanimous consent sored to improve the HUBZone pro- When Congress enacted the HUBZone that the Senate concur in the amend- gram, which is designed to create jobs program in 1997, a lot of people were ment of the House, with a further and investments in economically dis- concerned about how the HUBZone pro- amendment which is at the desk. tressed inner cities and rural counties; gram would interact with the 8(a) mi- The PRESIDING OFFICER. Without the Native American Small Business nority enterprise program. We in Con- objection, it is so ordered. Development Center Network; and 7(a) gress agreed at that time to protect The amendment (No. 4286) was agreed guarantee business loan guarantee fee the 8(a) program by saying the two pro- to. simplification plan. grams would have parity—neither one (The text of the amendment is print- The Senate Committee on Small would have an automatic preference ed in today’s RECORD under ‘‘Amend- Business has approved the provisions over the other in getting Federal gov- ments Submitted.’’) being added to this legislation. In the ernment contracts. Mr. BOND. Mr. President, I rise case of the SBIR Reauthorization Act, Notwithstanding the 1997 Act, SBA today in support of important legisla- the full Senate has also passed separate has decided to disregard the instruc- tion to re-authorize the Small Business legislation. Most of the provisions in- tions of the Congress and put 8(a) Innovation and Research (SBIR) pro- cluded in the Bond-Kerry substitute ahead of HUBZones in every case. Even gram and other essential programs at amendment to H.R. 2392 are discussed if the Government is failing to reach the Small Business Administration at length in the following committee its HUBZone goal and is meeting its (SBA). On Monday, September 25, 2000, reports that have been filed in the Sen- Small Disadvantaged Business goal (of the House of Representatives amended ate: Senate Report 106–289, Small Busi- which 8(a) is a part), SBA insists that the Senate-passed version of H.R. 2392, ness Innovation Research Program Re- the 8(a) program still has a priority the Small Business Innovation Re- authorization Act of 2000; and Senate over the HUBZone Program. search Program Reauthorization Act of Report 106–422, Small Business Reau- SBA has abandoned the protection 2000, by adding the following bills to thorization Act of 2000. Congress included in the 1997 law when

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9640 CONGRESSIONAL RECORD — SENATE October 2, 2000 it enacted the HUBZone Program. Con- nical assistance for small businesses Hillary Rodham Clinton says, we don’t trary to the law, SBA is setting up the and budding entrepreneurs. Now is not want good ideas dying in the parking two programs in competition with each the time to turn our backs on the crit- lot of banks. We also want a safety net other, which is precisely what Congress ical role played by small businesses in when our states are hit hard by a nat- sought to prevent. Putting either pro- our vibrant economy. We need to enact ural disaster. There are many members gram in competition with the other is this comprehensive legislation now so of this Chamber, and their constitu- a prescription for one of the programs that small businesses and their em- ents, who know all too well the value to fail. ployees can receive the full benefit of of SBA disaster loans after floods, fires SBA’s position does real harm to mi- these programs. and tornadoes. nority communities as well. The 8(a) I urge my colleagues in the Senate to I will only take a short time to talk program has a role to play in ensuring vote in favor of this much needed bill. about some of important the provisions minority communities own assets in Mr. KERRY. Mr. President, let me of this bill and our managers’ amend- the economy. It ensures minority busi- say a few words about the Small Busi- ment. ness owners get the opportunity to be ness Reauthorization Act of 2000 and I am pleased that we are considering self-supporting, independent citizens the managers’ amendment that the legislation to extend the Small Busi- with a full stake in our economy. It’s Senate is considering today. While I ness Innovation Research (SBIR) pro- important that all Americans have a applaud the House for their action to gram for 8 more years as part of this piece of the economic pie. ensure the continuation of important comprehensive SBA reauthorization HUBZones and 8(a) are two prongs of Small Business Administration (SBA) bill. As many of my colleagues may the same fork. They both have a vital programs, the managers’ amendment know, this program is set to expire on role to play in ensuring opportunity. offered by Chairman BOND and myself September 30, along with many other That’s why it’s important to correct includes key provisions extending and important programs critical to our na- SBA’s current position and to keep the improving important SBA programs. tion’s small businesses. While I am two programs from competing with This bill, with the inclusion of the sorry the process has taken this long, each other. The remedial language that managers’ amendment, is comprehen- in no way should it imply that there is I have withdrawn from the Substitute sive. It reauthorizes all of the SBA’s not strong support for the SBIR pro- Amendment would have reversed the programs, setting the funding levels for gram, the Small Business Administra- SBA position and restore the equal the credit and business development tion, or our nation’s innovative small footing Congress established when it programs, and making improvements businesses. created the HUBZone program three where needed. Without this legislation, The SBIR program is of vital impor- years ago. I intend to pursue a com- the 504 loan program would shut down; tance to the high-technology sector prehensive remedy to this problem the venture capital debenture program throughout the country. For the past early next year. would shut down; and funding to the decade, growth in the high-technology On November 5, 1999, the Senate ap- states for their small business develop- field has been a major source of the re- proved unanimously S. 1346, a bill I in- ment centers would be in jeopardy. The surgence of the American economy we troduced to make the SBA Office of Ad- list goes on. I just can’t emphasize now enjoy. While many Americans vocacy a stronger, more effective advo- enough how important this legislation know of the success of Microsoft, Ora- cate for all small businesses through- is. cle, and many of the dot.com compa- out the United States. This bill was re- The SBA’s contribution is signifi- nies, few realize that it is America’s ferred to the House Committee on cant. In the past eight years, the SBA small businesses that are working in Small Business on November 8, 1999, has helped almost 375,000 small busi- industries like software, hardware, and it has failed since then to take ac- nesses get more than $80 billion in medical research, aerospace tech- tion on this important legislation that loans. That’s double what it has loaned nologies, and bio-technology that are has the strong support of almost every in the preceding 40 years since the helping to fuel this resurgence—and segment of the small business commu- agency’s creation. The SBA is better that it is the SBIR program that nity. run than ever before, with four straight makes much of this possible. By set- Consequently, when the Senate years of clean financial audits; it has a ting aside Federal research and devel- Small Business Committee marked up quarter less staff, but makes twice as opment dollars specifically for small the S. 3121, the Small Business Reau- many loans; and its credit and finance high-tech businesses, SBIR is making thorization Act of 2000, it incorporated programs are a bargain. For a rel- important contributions to our econ- the entire text of S. 1346 as a separate atively small investment, taxpayers omy. title. It was the committee’s intention are leveraging their money to help These companies have helped launch that this action might spur the House thousands of small businesses every the space shuttle; found a vaccine for committee to take action on this bill. year and fuel the economy. Hepatitis C; and made B–2 Bomber mis- Unfortunately, the Houses remains ad- Let me just give you one example. In sions safer and more effective. amant in its opposition. Both Chair- the 7(a) program, taxpayers spend $1.24 Since the start of the SBIR program man JIM TALENT and Ranking Demo- for every $100 loaned to small business in 1983, more than 17,600 firms have re- crat, NYDIA VELA´ ZQUEZ from the House owners. Well known successes like ceived over $9.8 billion in assistance. In Small Business Committee have in- Winnebago and Ben & Jerry’s are clear 1999 alone, nearly $1.1 billion was sisted that the title to strengthen examples of the program’s effective- awarded to small high-tech firms SBA’s Office of Advocacy be stricken ness. through the SBIR program, assisting from the bill. Therefore, I am with- Overall, I agree with the program more than 4,500 firms. drawing S. 1346 in order to clear the levels in the three-year reauthorization The SBIR program has been, and re- way for swift passage by the Senate bill. As I said during the Small Busi- mains, an excellent example of how and House of Representatives of H.R. ness Committee’s hearing on SBA’s government and small business can 2392 with the Bond/Kerry substitute budget earlier in the year, I believe the work together to advance the cause of amendment. program levels are realistic and appro- both science and our economy. Access Senator KERRY and I have taken priate based on the growing demand for to risk capital is vital to the growth of some very dramatic steps to insure the programs and the prosperity of the small high technology companies, that the Small Business Reauthoriza- country. I also think they are adequate which accounted for over 40 percent of tion Act of 2000 is enacted as soon as should the economy slow down and all jobs in the high technology sector possible. It is critical that the Senate lenders have less cash to invest. Con- of our economy in 1998. The SBIR pro- act quickly to adopt the substitute sistent with SBA’s mission, in good gram gives these companies access to amendment to H.R. 2392. Our substitute times or bad, we need to make sure Federal research and development amendment will have a positive impact that small businesses have access to money and encourages those who do on nearly every SBA program, from credit and capital so that our economy the research to commercialize their re- guaranteed business loans, to equity benefits from the services, products sults. Because research is crucial to en- investments, to management and tech- and jobs they provide. As First Lady suring that our nation is the leader in

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9641 knowledge-based industries, which will Small Business Loan Enhancement mula that determines how much fund- generate the largest job growth in the Act. This provision adds women-owned ing each state receives. This is an im- next century, the SBIR program is a businesses to the current list of busi- portant program for all of our states good investment for the future. nesses eligible for the larger public pol- and we want no confusion about its I am proud of the many SBIR suc- icy loans. As the role of women-owned funding. Without this change, some cesses that have come from my state of businesses in our economy continues to states would have suffered sharp de- Massachusetts. Companies like Ad- increase, we would be remiss if we did creases in funding, disproportionate to vanced Magnetics of Cambridge, Mas- not encourage their growth and success their needs. I appreciate and am glad sachusetts, illustrate that success. Ad- by adding them to this list. that the SBA and the Association of vanced Magnetics used SBIR funding to The 504 loan program gets results. It Small Business Development Centers develop a drug making it easier for expands the opportunities of small worked with me to develop an accept- hospitals to find tumors in patients. businesses, creates jobs and betters able formula so that small businesses The development of this drug increased communities. It is crucial that it be re- continue to be adequately served. company sales and allowed Advanced authorized, and that is what this legis- This legislation also reauthorized the Magnetics to hire additional employ- lation does. National Women’s Business Council. ees. This is exactly the kind of eco- Another important program reau- For such a tiny office, with minimal nomic growth we need in this nation, thorized under this legislation and funding and staff, it has managed to because jobs in the high-technology strengthened by the managers’ amend- make a significant contribution to our field pay well and raise everyone’s ment is the Microloan program. I have understanding of the impact of women- standard of living. That is why I am long been a believer in microloans and owned businesses in our economy. It such a strong supporter and proponent their power to help people gain eco- has also done pioneer work in raising of the SBIR program and fully support nomic independence while improving awareness of business practices that its reauthorization. the communities in which they live. work against women-owned business, This legislation also includes H.R. This bill authorizes lower levels for the such as some in the area of Federal 2614, which reauthorizes SBA’s 504 loan microloan program than the Adminis- procurement. Recently, they com- program, which passed the Senate on tration requested. Of course, I would pleted two studies that documented the June 14, 2000. The bill and our man- prefer to have full funding because I world of Federal procurement and its agers’ amendment make common-sense believe it is important to expand the impact on women-owned businesses. changes to this critical economic de- program so that it is available every- According to the National Founda- velopment tool. These changes will where. But, compromise is part of the tion for Women Business Owners, over greatly increase the opportunity for legislative process, and a moderate in- the past decade, the number of women- small business owners to build a facil- crease is better than none at all. Nev- owned businesses in this country has ity, buy more equipment, or acquire a ertheless, I will be monitoring usage of grown by 103 percent to an estimated new building. In turn, small business microloan technical assistance and 9.1 million firms. These firms generate owners will be able to expand their have told Chairman BOND that the Sen- almost $3.6 trillion in sales annually companies and hire new workers, ulti- ate Committee on Small Business and employ more than 27.5 million mately resulting in an improved local should revisit the issue before the end workers. With the impact of women- economy. of the three-year reauthorization pe- owned businesses on our economy in- Since 1980, over 25,000 businesses have riod if the level authorized is inad- creasing at an unprecedented rate, received more than $20 billion in fixed- equate to meet program needs. Congress relies on the Council to serve asset financing through the 504 pro- In addition to funding, our managers’ as its eyes and ears as it anticipates gram. In my home state of Massachu- amendment also makes important the needs of this burgeoning entrepre- setts, over the last decade small busi- changes to the microloan program. We neurial sector. Since it was established nesses have received $318 million in 504 have heard from intermediaries and in 1988, the bipartisan Council has pro- loans that created more than 10,000 economic development activists around vided important unbiased advice and jobs. The stories behind those numbers the country that with some adminis- counsel to Congress. say a lot about how SBA’s 504 loans trative and legislative changes, this help business owners and communities. program could have a greater impact. This Act recognizes the Council’s For instance, in Fall River, Massachu- This bill takes some important steps in work and reauthorizes it for three setts, owners Patricia Ladino and Rus- the right direction. Right now we have years, from FY 2001 to 2003. It also in- sell Young developed a custom packing 156 microlending intermediaries. This creases the annual appropriation from plant for scallops and shrimp that has bill will permit the program to grow to $600,000 to $1 million. The increase in grown from ten to 30 employees in just 250 in FY 2001; to 300 in FY 2002, and to funding will allow the council to: sup- two short years and is in the process of 350 in FY 2003. It also increases loan port new and ongoing research; produce another expansion that will add as levels and technical assistance levels and distribute reports and rec- many as 25 new jobs. over three years. With more technical ommendations prepared by the Coun- Under this reauthorization bill, the assistance, we will be able to increase cil; and create an infrastructure to as- maximum debenture size for Section the number of intermediaries, and sist states develop women’s business 504 loans has been increased from therefore reach more borrowers in advisory councils, coordinate summits $750,000 to $1 million. For loans that rural areas or large states. I also sup- and establish an interstate commu- meet special public policy goals, the port the provision to raise the cap on nication network. maximum debenture size has been in- microloans from $25,000 to $35,000, mak- The Historically Underutilized Busi- creased from $1 million to $1.3 million. ing it adequate to help micro-entre- ness Zone, or ‘‘HUBZone’’ program, It has been a decade since we increased preneurs in states and urban areas which passed this Committee in 1997, the maximum guarantee amount. If we where operating costs are more expen- has tremendous potential to create were to change it to keep pace with in- sive. Senator SNOWE’s provision to es- economic prosperity and development flation, the maximum guarantee would tablish $1 million for peer-to-peer in those areas of our Nation that have be approximately $1.25 million instead training for microlenders is also in- not seen great rewards, even in this of $1 million. Instead of implementing cluded. I strongly support this concept time of unprecedented economic health such a sharp increase, we are striking a because it will help the program grow and stability. This program is similar balance between rising costs and in- while maintaining its high quality and to my New Markets legislation in that creasing the government’s exposure low loss rates. it creates an incentive to hire from, and only seeking to increase the cap to Small Business Development Centers and perform work in, areas of this $1 million. (SBDC) are also reauthorized under country that need assistance the most. I am pleased to say that this legisla- this legislation. SBDCs serve tens of This bill would authorize the HUBZone tion also includes a provision assisting thousands of small business owners and program at $10 million for the next 3 women-owned businesses, which I first prospective owners every year. This years, which is $5 million above the Ad- introduced in 1998 as part of S. 2448, the bill takes a giant step to retool the for- ministration’s request.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9642 CONGRESSIONAL RECORD — SENATE October 2, 2000 Additionally, the managers’ amend- REFERRAL OF S. 1840 RECESS UNTIL TUESDAY, ment included very important provi- Mr. KYL. Mr. President, I ask unani- OCTOBER 3, 2000 sions to include those areas which were mous consent that when the Com- Mr. KYL. Mr. President, if there is no inadvertently missed when this legisla- mittee on Indian Affairs reports S. tion was crafted—namely, Indian tribal 1840, a bill to provide for the transfer of further business to come before the lands. I appreciate the willingness of public lands to certain California In- Senate, I now ask unanimous consent the Committee on Indian Affairs to dian tribes, it then be referred to the the Senate stand in recess under the work with our Committee to create Energy Committee for a period not to previous order. HUBZone opportunities in the states of exceed 7 calendar days. I further ask Alaska and Hawaii, and in other Indian There being no objection, the Senate, consent that if S. 1840 is not reported at 6:32 p.m., recessed until Tuesday, tribal lands. prior to the 7 days, the bill then be dis- October 3, 2000, at 9:30 a.m. The HUBZone section does not con- charged from the Energy Committee tain any provision addressing the and placed on the calendar. f interaction of the HUBZone and 8(a) The PRESIDING OFFICER. Without minority contracting programs. I be- objection, it is so ordered. NOMINATIONS lieve that the 8(a) program is an impor- f tant and necessary tool to help minor- Executive nominations received by ity small businesses receive access to ORDERS FOR TUESDAY, OCTOBER the Senate October 2, 2000: government contracts. The Chairman 3, 2000 CORPORATION FOR NATIONAL AND COMMUNITY and I agree that there is a need to en- Mr. KYL. Mr. President, I ask unani- SERVICE hance the participation of both 8(a) and mous consent that when the Senate RANDOLPH J. AGLEY, OF MICHIGAN, TO BE A MEMBER HUBZone companies in Federal pro- completes its business today, it recess OF THE BOARD OF DIRECTORS OF THE CORPORATION curement. It is my intention that the until the hour of 9:30 a.m. on Tuesday, FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM Senate Committee on Small Business October 3. I further ask unanimous OF ONE YEAR. (NEW POSITION) consider the issue of enhancing small consent that on Tuesday, immediately EQUAL EMPLOYMENT OPPORTUNITY COMMISSION business procurement in the next Con- following the prayer, the Journal of REGINALD EARL JONES, OF MARYLAND, TO BE A MEM- gress. proceedings be approved to date, the BER OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- The Senate managers’ amendment time for the two leaders be reserved for MISSION FOR A TERM EXPIRING JULY 1, 2005. (RE- APPOINTMENT) also includes a provision relating to their use later in the day, and the Sen- SBA’s cosponsorship authority. This ate then begin final remarks on the H– NATIONAL FOUNDATION ON THE ARTS AND THE authority allows SBA and its programs 1B visa legislation under the previous HUMANITIES to cosponsor events and activities with order. HSIN-MING FUNG, OF CALIFORNIA, TO BE A MEMBER OF private sector entities, thus leveraging The PRESIDING OFFICER. Without THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EX- PIRING SEPTEMBER 3, 2006, VICE SPEIGHT JENKINS, the Agency’s limited resources. The objection, it is so ordered. TERM EXPIRED. managers’ amendment extends the au- Mr. KYL. I further ask unanimous thority for three additional years. This consent that the Senate stand in recess UNITED STATES PAROLE COMMISSION provision also adds ‘‘information and for the weekly party conferences to EDWARD F. REILLY, JR., OF KANSAS, TO BE A COMMIS- education’’ to the types of assistance meet from 12:30 to 2:15 p.m. SIONER OF THE UNITED STATES PAROLE COMMISSION FOR A TERM OF SIX YEARS, VICE JOHN R. SIMPSON, that can be provided to small busi- The PRESIDING OFFICER. Without TERM EXPIRED. nesses by public and private sector or- objection, it is so ordered. SOCIAL SECURITY ADVISORY BOARD ganizations working with the SBA. f This provision was recommended by MARK A. WEINBERGER, OF MARYLAND, TO BE A MEM- PROGRAM BER OF THE SOCIAL SECURITY ADVISORY BOARD FOR A the SBA as an effective change to TERM EXPIRING SEPTEMBER 30, 2006, VICE HARLAN MAT- training programs that are jointly run Mr. KYL. For the information of all HEWS, RESIGNED. by the SBA and partner organizations. Senators, the Senate will begin closing IN THE AIR FORCE Mr. President, let me conclude by re- remarks on the H–1B visa bill at 9:30 minding my colleagues that all of our a.m. Following 30 minutes of debate, THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- POINTMENT IN THE GRADE INDICATED IN THE UNITED states benefit from the success and the Senate will proceed to vote on the STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 2114: abundance of small businesses. This bill. The Senate will then proceed to legislation makes their jobs a little executive session with several hours of TO BE CAPTAIN easier. I ask my colleagues for their debate on judges and up to four votes JOHN B. STETSON, 0000 support of this important legislation. could occur after 2 p.m. CHRISTINE E. THOLEN, 0000

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 9801 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1637 EXTENSIONS OF REMARKS

HONORING MARK PEARSON Ms. Newton has recently been named Ele- trombones, each section has its own magical mentary School Teacher of the Year for Fay- sound but still blends modestly with the whole HON. SCOTT McINNIS ette County. Carrie Newton has worked hard of the Orchestra. OF COLORADO to ensure that elementary school students de- A discussion of the grandeur of the Cleve- IN THE HOUSE OF REPRESENTATIVES velop a first-rate academic foundation that will land Orchestra is hardly complete without Monday, October 2, 2000 lead them to realize their full potential in their mention of its magnificent home, Severance future endeavors. Hall. The beautiful, ornate concert hall has just Mr. MCINNIS. Mr. Speaker, I would like to I join our community in recognizing an out- undergone a two-year, $36 million renovation take this moment to honor the considerable standing teacher who has contributed years of and expansion. The goal of the project was to achievements of Mark Pearson. Mark recently dedicated teaching at Lansdown Elementary. preserve Severance Hall's grace and architec- received recognition at Wilderness 2000, a Ms. Newton is the kind of teacher that every tural integrity. Thus, the original detailing of conference on wilderness issues, honoring parent and child wishes forÐan educator who the Hall has been restored, and its legendary him for his dedicated work in the wilderness knows how to engage her students and moti- acoustics have been retained and enhanced. field. vate them to learn. It is a pleasure to recog- Mr. Speaker, I ask my fellow colleagues to Mark began the work that he is now well nize Ms. Newton on the House floor today for join me in recognizing the extraordinary known for when he attended the University of her superior work in education which has achievements of the Cleveland Orchestra. I Colorado at Boulder, where he was an active earned her the Teacher of the Year Award. hope that the Orchestra continues bringing joy member of the CU Wilderness Study Group. f to the city of Cleveland and the rest of the This group studied public lands issues in Colo- world for many years to come, and I submit rado, examining particularly important areas TRIBUTE TO THE CLEVELAND the aforementioned article into the RECORD. and then forming copious data into field re- ORCHESTRA ports. The reports that were done under IN CLEVELAND, MUSIC FOR CONNOISSEURS Mark's supervision were so thorough and so HON. DENNIS J. KUCINICH WHILE ITS ARTISTIC PREEMINENCE IS UNQUES- well done that they soon became a guide of TIONED, THIS ORCHESTRA MAY FALL SHY OF OF OHIO FAME’S PEAK sorts for wilderness enthusiasts. Upon grad- uating from CU, Mark went on to attend Colo- IN THE HOUSE OF REPRESENTATIVES By Greg Sandow rado State University where he graduated with Monday, October 2, 2000 When Ellen dePasquale joined the Cleve- a masters degree in Public Land Manage- land Orchestra two years ago, she’d had just Mr. KUCINICH. Mr. Speaker, I wish to rec- two years of professional violin experience. ment. His undergraduate and masters work ognize the remarkable Cleveland Orchestra And yet here she was, a member of the most enabled him to become the well-respected wil- that was recently featured in the Wall Street disciplined orchestra in America, and pos- derness expert that he is today. Journal article titled ``In Cleveland, Music for sibly the world. Scarier still, she was leading Before working with the Colorado Wilder- Connoisseurs.'' it. She’d been hired as associate concert- ness Network, Mark worked with a number of The Cleveland Orchestra was founded in master, which made her second in command different environmental groups. He has been 1918 under the outstanding direction of Rus- of the musicians. But the week she began, an active member of the Colorado Environ- the main concertmaster, William Preucil, sian-American conductor Nikolai Sokoloff. The was playing in front of the orchestra as a so- mental Coalition, the Sierra Club, as well as renowned Sokoloff initiated an extensive do- working for the Wilderness Land Trust. His ex- loist, leaving Ms. dePasquale in charge. I was mestic touring schedule, educational concerts, overwhelmed,’’ she told me. pertise in Forestry and public land manage- commercial recordings and radio broadcasts. ‘‘We tortured her!’’ Mr. Preucil laughed, ment soon landed him a job with Senator BEN This rich tradition continued under the distin- chatting with her and me and two other NIGHTHORSE CAMPBELL as a public lands staff- guished Artur Rodzinski, who served as music Cleveland Orchestra musicians. ‘‘We broke er. His knowledge of and leadership on wilder- director from 1933±43. His claim to fame was her fingers,’’ deadpanned Robert Vernon, the ness issues is now being utilized by San Juan the presentation of 15 fully-staged operas at principal violist. But these were jokes. The Citizens Alliance, where he is currently em- surprising reality, as Ralph Curry, a member Severance Hall. After a short reign by Erich of the cello section, explained it, was utterly ployed. Leinsdorf, the orchestra went through a period Mark has been a leading member of the wil- simple: ‘‘She sat down and people followed of revolutionary change and growth under the her.’’ Leading an orchestra, Ms. dePasquale derness community for over two decades. Mr. incredible leadership of George Szell begin- said, suddenly was ‘‘easier than it ever had Speaker, on behalf of the State of Colorado ning in 1946. Both the number of Orchestra been.’’ and the U.S. Congress, I would like to con- members and the length of the season in- This is one way to start a special story, gratulate Mark on his well-deserved award. creased, and the Orchestra started touring about the culture of the Cleveland Orchestra, f outside the United States. The famous Cleve- whose musical preeminence is taken for granted by professionals. That’s been true HONORING CARRIE NEWTON AS land Orchestra Chorus was also established ever since the ’50s, when George Szell was THE ELEMENTARY SCHOOL during this time. When Szell passed away in music director and conducted—as we can TEACHER OF THE YEAR FOR 1970, he was temporarily replaced by Pierre hear on his recordings, still available from FAYETTE COUNTY Boulez and later by Lorin Maazel during the Sony Classical—with clarity, forceful intel- 1972±73 season. Maazel not only lived up to lect and decisive grace. HON. ERNIE FLETCHER the standards set by his predecessors, but he He set a standard that’s still in force. I’ve also left his own mark on the Orchestra by ex- heard three Cleveland recordings of Bee- OF KENTUCKY thoven’s Ninth, one with Szell conducting, panding their repertoire to include more 20th IN THE HOUSE OF REPRESENTATIVES another with Loren Maazel, music director century compositions. Christoph von Dohnanyi Monday, October 2, 2000 from 1972 to 1982, and the third with Cleve- succeeded Maazel as music director in 1982, land’s current music director, Christoph von Mr. FLETCHER. Mr. Speaker, it is my honor and he continues to hold the position today. Dohnanyi. Szell’s performance is both the to recognize an outstanding educator in the During von Dohnanyi's tenure, the Cleveland strongest and the subtlest, Mr. Maazel’s the Central Kentucky educational community. For Orchestra has soared to rank among the best most blatant and Mr. von Dohnanyi’s the twenty-nine years, Carrie Newton has been a of the world's symphonic ensembles. simplest, despite its force, and the most un- tireless advocate for learning, especially in the However, it is not simply the wonderful di- derstated. But in all three, no matter what approach the conductor takes (and Mr. area of literacy, who has inspired countless rection that makes the Cleveland Orchestra so Maazel’s case, maybe in spite of it), the mu- young students just beginning their academic amazing. The true power and inspiration of the sicians play every note with radiant care. careers. A fourth grade teacher at Lansdown Orchestra stems from its outstanding and mar- Robert Vernon and Ralph Curry both played Elementary School, Ms. Newton demonstrates velously talented collection of musicians. From under Szell; both say they were taught the all the qualities of an exceptional educator. the violins to the flutes to the horns to the tradition when they arrived and that they

∑ 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. E1638 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2000 passed it on to those who came in after ice’’ and how loyal Cleveland workers are to CELEBRATING THE ASSOCIATION them. their jobs. But what struck me most was FOR THE ADVANCEMENT OF They haven’t changed what they look for, that both men had their own connection MEXICAN AMERICANS’ 30TH they said, when new players audition. ‘‘A with the orchestra. beautiful sound,’’ Robert Vernon summa- YEAR OF SERVICE TO THE HIS- rizes, ‘‘not the flashiest playing.’’ ‘‘Someone For many years, nearly every school-child PANIC COMMUNITY who listens,’’ William Preucil offered. ‘‘Our in Cleveland was bused to Severance Hall; character,’’ Mr. Vernon said, ‘‘is to sacrifice Mr. Grabowski heard concerts that way, our own position to be with the other per- while Senator Voinovich’s mother took him HON. GENE GREEN son’’—something I noticed to performances. ‘‘I really miss that part of OF TEXAS These musicians, orchestra staff members my life,’’ the senator said, almost wistfully. said, play their best on matter where they ‘‘As the mayor of the city, one of the nice IN THE HOUSE OF REPRESENTATIVES are. And I heard that myself when some of things was to go to Severance Hall and be them gave a concert in the gym of a local el- Monday, October 2, 2000 ementary school. This was part of a new pro- known by some of the musicians.’’ gram called Learning Through Music, which The renovated hall is breathtaking—an art Mr. GREEN of Texas. Mr. Speaker, on Oc- (though Cleveland is hardly the first orches- deco palace, red and gold with silver and tober 20, 2000, the Association for the Ad- tra to do this) not only puts musicians in the faux-Egyptian highlights, more playful than vancement of Mexican Americans (AAMA) will schools, but makes them part of the schools’ you might expect, but also simpler and more be celebrating the 30th year of service to the curriculum. The gym was packed with kids serious. Inside it, the orchestra plays won- Hispanic community. This is a tremendous and their working-class parents. The pro- derfully serious concerts, with soloists cho- achievement, and I wish them continued suc- gram ranged from standard classical rep- sen for their connoisseur’s appeal (‘‘We don’t ertoire—a movement, for instance, from the cess. hire big names just because they’re names,’’ Berlioz ‘‘Symphonie Fantastique,’’ cannily Founded in 1970 in Houston, Texas, AAMA Edward Yim, the orchestra’s artistic admin- arranged for 10 or so players—to rock and is the largest Hispanic nonprofit service pro- istrator, very quietly declared), and pro- jazz and the sharp contemporary rhythm of vider in Texas. This community organization Steve Reich’s ‘‘Clapping Music’’ (played grams carefully constructed, with a constant presence of contemporary scores. was founded to advance the needs of His- after a minute of silence, during which the panic families that are coping and struggling to kids were encouraged to hear the sounds Are there problems? The only one I might beat back the grip of poverty, poor health and that rustled and stirred around them). And have found was an apparent disagreement ¨ family planning, and low educational attain- while it’s hardly a secret that orchestras over incoming music director Franz Walser- ¨ ment. Today, AAMA provides services in don’t always care about performance for Most, who’ll succeed Mr. von Dohnanyi two children, in this one the musicians spoke to years from now; the board, I think, adores Houston and across South Texas. the kids with all the flair of accomplished him, but the musicians only said (as musi- In my congressional district, AAMA operates entertainers and played with the same ar- resting certainty you’d hear on their records cians often will). the George I. Sanchez Charter High School, with Mr. von Dohnanyi. The audience was on ‘‘Let’s wait and see.’’ which provides at-risk Hispanic youth with an alternative educational environment. Today, its feet screaming; I’ve never seen an orches- I started asking everybody what difficul- tra make so many friends so quickly. the school is one of the largest and most suc- ties there might be; Thomas Morris answered But, then, the culture of the Cleveland Or- cessful charter schools in Texas. chestra goes deeper than music. ‘‘There’s a ‘‘complacency’’—not now, but maybe in the sense of community you don’t find many future. I’ll raise his bet and offer ‘‘smug- In addition to these education services, other places, and a can-do spirit,’’ said Rich- ness.’’ Mr. Morris isn’t smug (I was amazed AAMA also operates many social service pro- ard Kessler, director of the American Music to find that his institution seemed even grams, including three gang intervention pro- Center, who got to know many orchestras stronger than he says it is), but it’s tricky grams, two HIV and AIDS counseling pro- from the inside when he worked as a consult- being sure that you’re the best. The musi- grams and several drug and alcohol abuse ant on orchestral education programs (in- cians made comparisons with other orches- programs throughout Texas. With these pro- cluding Cleveland’s). ‘‘I’ve never been in an tras that can’t easily be quoted; they’re grams in place, it is easy to see why AAMA institution that had less internal tension,’’ surely true, but baldly written down they is the largest social service provider in Texas. said Patricia Wahlen, the orchestra’s veteran might not seem plausible. And there’s a curi- director of development, after I’d watched ous artistic challenge, which springs from a AAMA is also involved in community devel- her conduct a meeting. ‘‘Talent I know I can problem of perception. The Cleveland Or- opment. The AAMA Community Development find,’’ said Thomas W. Morris, the executive chestra, as I’ve said, is musically pre- Corporation is dedicated to the revitalization of director, talking about how he hires new eminent, but ever since George Szell, this Houston's inner-city through the development staff. ‘‘So I look for imagination.’’ of affordable and decent housing. The AAMA ‘‘The personality is the main thing, fi- largely has been preeminence for con- nally,’’ Mr. Dohnanyi told me, describing noisseurs. What’s missing, at least from the Community Development Corporation recently what he looks for in new musicians. I spoke orchestra’s image, is the expectation of sim- completed and leased a new 84-unit afford- to four people on the board of directors, and pler musical virtues, especially direct emo- able living center in Houston's East End. none of them mentioned what his day job tional expression. Mr. von Dohnanyi (‘‘not I am proud of everyone associated with was until I asked. All four were powers in an obvious choice,’’ said Mr. Ong, ‘‘but per- AAMA. They work tirelessly on behalf of our the Cleveland business world; they’d have to fect for us’’ understands musical integrity; communities. I ask every Member of the be, since the board raised $25 million toward he allows great sonic explosions, for exam- House of Representatives to join me in cele- the recent $116 million ple, only at climactic moments. ‘‘We have a passion for the music, for the brating AAMA's 30th year of service and in musicians,’’ said the board president, Rich- At Carnegie Hall, at the start of Charles wishing them continued success. ard J. Bogomolny (himself an accomplished Ives’s ‘‘The Unanswered Question,’’ he violinist who plays chamber music with evoked the softest orchestral sound I’ve ever f members of the orchestra, though, charac- heard, a kind of wordless aural poetry just a teristically, it wasn’t he who let me know breath away from silence. but even though HONORING GEORGE MANZANARES that), John D. Ong, one of two co-chairmen he might surprise you in romantic music— of the board, describing the orchestra’s posi- try his wrenching, limpid Tchaikovsky ´ tion in the city, told me, ‘‘George Szell lived ‘‘Pathetique’’ on Telarc—he’s most strik- HON. SCOTT McINNIS in Cleveland and was seen doing the normal ingly emotional in unpopular atonal works ¨ ¨ things that people do.’’ One of Mr. Von by Berg and Schoenberg. Mr. Walser-Most, of OF COLORADO Dohnanyi’s sons just graduated from Case course, will have his own story to tell. But IN THE HOUSE OF REPRESENTATIVES Western Reserve University here, and many Mr. von Dohnanyi’s version of Cleveland’s people mentioned the city itself as one rea- impeccable tradition almost guarantees that Monday, October 2, 2000 son for the orchestra’s success. Philanthropi- the orchestra can’t be wildly popular. It may cally, Mr. Ong told me, Cleveland is ‘‘ex- not want to be; it’s surely aiming higher. Mr. MCINNIS. Mr. Speaker, I would like to traordinarily generous.’’ But still it’s true that other orchestras re- take this time to honor a remarkable human To learn more, I called Ohio Sen. George being, George Manzanares. George was a re- Voinovich, who’d earlier been Cleveland’s main more famous—the Vienna Phil- mayor, and John Grabowski, assistant pro- harmonic, for example, whose very name cent recipient of the Daily Point of Light fessor of history at Case Western Reserve seems synonymous with classical music. Award. This award is given to individuals and and director of research at the Western Re- Cleveland might be a better orchestra, but groups that ``make a positive and lasting dif- serve Historical Society. Mr. Grabowski because it’s not flashy, the final peaks of ference in the lives of others''. The Daily Point talked about Cleveland’s ‘‘climate of serv- fame may so far have eluded it. of Light Foundation presents one award each CONGRESSIONAL RECORD — Extensions of Remarks E1639 day of the year and George is one of only four SUDAN’S POLICIES Sudan, I wrote the Administration at least Coloradans to receive this prestigious and well seven more times about the importance of fill- deserved award. HON. FRANK R. WOLF ing To date, though, their efforts have not led to George is being honored with this award for OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES a peace. To bring about peace, the situation his work with George's Independent Boxing in Sudan needs the attention of and invest- Club, which he has run off and on for almost Monday, October 2, 2000 ment of time from the President, comparable two decades. He founded the organization in Mr. WOLF. Mr. Speaker, today I express my to the efforts President Clinton has made in Durango, his hometown, as a way to provide profound disappointment with the Clinton Ad- Northern Ireland and in the Middle East. While children with an alternative way to focus their ministration's policies toward Sudan. To be President Clinton has remained silent, hun- extracurricular activities. The original club was sure, there are many good people who have dreds of thousands of people have died. shut down in 1981, but because of George's tried to implement worthy and thoughtful poli- This Administration knows that slavery, the tremendous efforts, he was able to open an- cies regarding Sudan during the tenure of this selling of its own people, is in the government other club in Ignacio, Colorado in 1994, where Administration. The problem with this Adminis- of Sudan's portfolio. The Sudanese govern- it now has 17 active members. tration's Sudan policy, is that more often than ment has done nothing to stop the slavery. not, the voices that should have been heard, Slave traders from the north sweep down into George has always focused his energies in have not carried the day. southern villages recently destabilized by fight- bettering his community. His work as the Ex- I have been to Sudan three times since ing, and kidnap women and children who are ecutive Director of the Southern Ute Commu- 1989 and have seen the conditions on the then sold for use as domestic servants, con- nity Action Program is just one of the many or- ground first-hand. cubines or other purposes. This is real-life ganizations he has been a part of. Through Since 1983, the government of Sudan has chattel slavery. It exists todayÐat the thresh- George's hard work and determination he has been waging a brutal war against factions in old of the 21st century. helped the lives of hundreds of children by the south who are fighting for self-determina- A de-classified U.S. State Department cable teaching them healthy lifestyle alternatives. tion and religious freedom. Most people have describes this administration's knowledge of George Manzanares' work, through his box- died in Sudan than in Kosovo, Bosnia, Soma- this slavery since at least 1993. This cable, ing club and other activities in the community, lia and Rwanda combined with the civil war re- dated April 1993, which I include for the have ensured that Southern Colorado's youth sulting in over 2 million deaths. Most of the RECORD, states: dead are civiliansÐwomen and childrenÐwho ``Credible sources say GOS [Government of will have an active and successful future. Mr. died from starvation and disease that has re- Sudan] forces, especially in the PDF, routinely Speaker, on behalf of the State of Colorado sulted from the dislocation caused by war. steal women and children in the Bahr El Gha- and the US Congress I would like to congratu- The government of Sudan routinely attacks zal. Some women and girls are kept as wives; late Mr. Manzanares on this outstanding ac- civilian targetsÐsuch as hospitals, churches the others are shipped north where they per- complishment as well as thank him for his and feeding centersÐand uses aerial bomb- form forced labor on Kordofan farms or are commitment to America's youth. ings to intimidate and kill the southern popu- exported, notably to Libya. Many Dinka are re- lation. In the past few months, several hos- ported to be performing forced labor in the f pitals and schools in the south have been areas of Meiram and Abyei. Others are said to bombed by the government, killing numerous be on farms throughout Kordofan. HONORING HOBERT HURT AS THE innocent men, women, and children. ``There are also credible reports of MIDDLE SCHOOL TEACHER OF I wrote Secretary of State Madeleine kidnappings in Kordofan. In March 1993 hun- THE YEAR FOR FAYETTE COUN- Albright and National Security Adviser Samuel dreds of Nuer displaced reached northern TY Berger on March 22, 2000, about the Govern- Kordofan, saying that Arab militias between ment of Sudan's intentional bombings of a Abyei and Muglad had taken children by force, hospital in the south, enclosing an op-ed piece killing the adults who resisted. The town of HON. ERNIE FLETCHER from the Wall Street Journal by Franklin Hamarat el Sheikh, northwest of Sodiri in OF KENTUCKY Graham. Franklin Graham is the head of a north Kordofan, is reported to be a transit non-governmental organization called Samari- point for Dinka and Nuba children who are IN THE HOUSE OF REPRESENTATIVES tan's Purse that operates a hospital in South- then trucked to Libya.'' Monday, October 2, 2000 ern Sudan that has been repeatedly bombed I wrote President Clinton about slavery in by the Government of Sudan. Mr. Graham Sudan on September 9, 1997, saying, ``Mr. Mr. FLETCHER. Mr. Speaker, today I ac- wrote: President, women and children are being sold knowledge an outstanding educator in the ``The governments of the world could help into slaveryÐreal life slavery in Sudan . . . Central Kentucky community. Mr. Hobert Hurt the southern Sudanese through international And the United States response? Talk tough has dedicated twenty-six years to teaching trade sanctions, military action, and public but take no action.'' technology at Leestown Math, Science, and condemnation. Despite empty, halfhearted re- On December 3, 1997, I again wrote Presi- Technology Middle School. Known as one of bukes, the international community has taken dent Clinton about this atrocity, saying that the founders of the math, science, and tech- no meaningful action to condemn the Suda- America has to stand up to the government in nology magnet program, Mr. Hurt has touched nese government. . . .'' Khartoum. But that wasn't the first time I've written this The government of Sudan has been on the and improved the lives of so many throughout Administration about Sudan. Because of the U.S. State Department's list of countries that his years of dedicated service to our commu- millions of deaths and because of the atroc- sponsor terrorism since 1993. One can fly into nity. ities that have been committed by the govern- Khartoum and find terrorist groups fully func- Recently, Mr. Hurt was honored as Middle ment of Sudan, soon after this Administration tioning there. The government of Sudan was School Teacher of the Year for Fayette Coun- took office in 1993, I wrote to President Clin- implicated in the assassination attempt on ty. It is obvious that Mr. Hurt has worked hard ton asking him to appoint a special envoy to Egyptian President Hosni Mubarak. to produce a positive change. His goal to en- Sudan, explaining that: On September 9, 1997, after hearing that sure that middle school students have the op- ``The appointment of a special envoy is es- the Administration was considering re-staffing portunity to develop and hone their techno- pecially timely since the State Department has the U.S. Embassy in Sudan, I wrote to Presi- logical skills has been realized, as countless recently declassified powerful new information dent Clinton, reminding him that, students are equipped to handle our increas- detailing widespread human rights atrocities ``there has been absolutely no progress on ingly technological society by attending the being committed by the military of Sudan. terrorism, human rights or religious persecu- school he helped to develop. Most appalling among these abuses is the Su- tion . . . The government [of Sudan] is har- danese government's practice of kidnapping boring terrorists and has done nothing to deal It is a pleasure to recognize Hobert Hurt on and slavery of women and children from with this issue. You say you are tough on ter- the House floor today for his superior work in southern Sudan.'' rorism. What kind of signal does this send. the field of education. As Middle School The Administration did appoint a special . . . Actions like these further erode my con- Teacher of the Year, our community salutes envoy in May 1994, but Melissa Wells held the fidence in the administration's true willingness Mr. Hurt for his many years of dedicated position for only a short time. After some time to stand up for human rights and against ter- teaching. had elapsed without a special envoy for rorism. It's time to do more than talk.'' E1640 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2000 It has been widely reported from numerous successful in keeping Sudan off of the U.N. CONFERENCE REPORT ON H.R. 4733, sources that the war is estimated to cost the Security Council. ENERGY AND WATER DEVELOP- government of Sudan $1 million a day. This MENT APPROPRIATIONS ACT, Now there are troubling reports of a Chi- Administration's failure to prevent the 2001 On September 30, 1999, I wrote Arthur nese military presence bolstering the govern- Levitt, chairman of the Securities and Ex- ment of Sudan's grip on the oil fields, yet the SPEECH OF change Commission, that: Clinton Administration has done nothing to HON. JOHN D. DINGELL slow or prevent China's large role in the coun- ``Oil revenue will . . . allow the government OF MICHIGAN of Sudan to buy still more weapons. The gov- try of Sudan. An article from United Press IN THE HOUSE OF REPRESENTATIVES ernment of Sudan has announced publicly that International dated August 30 describes the Thursday, September 28, 2000 it will use the oil revenue to increase the mo- varied reports on Chinese troop levels in mentum and lethality of the war . . . Allowing Sudan and outlines the likely Chinese military Mr. DINGELL. Mr. Speaker, I cannot sup- port the Energy and Water Appropriations con- the CNPC to raise capital in the U.S. would presence in Sudan: exacerbate the already tragic situation in ference report. Sudan. It would also make it easier for Ameri- ``. . . [a State Department] official conceded As Ranking Member of the Commerce cans to invest, perhaps unknowingly, in a that China has a substantial economic interest Committee and its former Chairman, I have company that is propping up a regime en- and a large military sales program in Sudan generally opposed attempts to legislate on gaged in slavery, genocide and terrorism and that Chinese troops have been deployed these bills, regardless of the substance of the ....'' in the north African country . . . an intel- matter or the party affiliation of the Member On November 4, 1999, I voiced similar con- ligence official following the issue said classi- proposing such provisions. However, the con- cern about the proposed listing of CNPC/ fied reports gathered from spies indicate tinued failure of this Congress to reauthorize the President's authority to operate the Stra- PetroChina to Secretary of the Treasury Law- China may indeed be planning to deploy large rence Summers and Secretary of State Mad- tegic Petroleum Reserve prompted me to re- numbers of troops to Sudan . . .'' eleine Albright urging her to do what she could luctantly support the efforts of House Appro- to prevent the listing of CNPC/PetroChina on I wrote President Clinton on February 15, priations Democrats to attach a simple reau- the NYSE. This Administration, though refused 2000, about how I think history will judge his thorization of the Reserve to the Energy and to prevent PetroChina's listing on the NYSE. record particularly on Sudan, unless he shows Water Appropriations bill. I also did not object Just recently, the government of Sudan's re- significantly more interest in his remaining to bipartisan efforts to attach legislative lan- peated bombings of international relief agen- months in office, saying, guage providing the President the means to cies operating under the umbrella of the establish and operate a northeast heating oil United Nations forced the shut down of most ``Many people have contacted you over the reserve. Both these legislative priorities, which food aid delivery in Southern Sudan. These years as President about the long ongoing had passed the House overwhelmingly with bombings have been reported in numerous tragedy in Sudan. You have done little or the support of the Commerce Committee had press accounts. nothing in response to the killing and slavery been and continue to be held up in the Sen- On this Administration's watch, particularly that has ended or devastated millions of lives, ate, so we attached these provisions to the President Clinton's silence and refusal to women and children included . . . I implore appropriations bill as a last attempt to ensure speak out and to take the initiative in pro- you to use some of your remaining time and their enactment into law. moting a just peace in the Sudan, there have energy on the critical plight of the people of But the Republican conferees dropped been more killings and more deaths in south- Sudan and especially those in the south who these provisions that were strongly supported ern Sudan. by the American people and, so it seemed, by are daily subject to bombing, starvation, sick- This Administration's record on preventing not only Democrats, but also Republicans in the importation of gum arabic from Sudan has ness, relocation, slavery, and death. History the House of Representatives. been spotty. I wrote twelve letters to the Ad- will not judge you well on this because you Nonetheless, these same conferees found a ministration in which I asked the Administra- have not even personally shown any interest way to retain a legislative provision in the bill tion to maintain the gum arabic sanctions in this.'' that benefitted a few companies in the nuclear against Sudan. The legacy of this Administration will not be industry. Chairman BLILEY and I along with While an embargo on gum arabic has been that it took decisive and bold action to stop Representative TAUZIN, BILIRAKIS, and OXLEY sent a letter to the Speaker objecting to the in- in effect by Executive Order since November atrocities in Africa and in other parts of the 1997, just this year the Administration allowed clusion of this and other provisions relating to world. When history is written about this Ad- an exemption of a shipment of gum arabic reauthorization of the Nuclear Regulatory from Sudan. Now, the Administration seems to ministration, I think historians will say that they Commission (NRC) in the conference report. be giving Lukewarm opposition to lifting this failed to act when action would have made a Currently, there are not one, but two bills embargo in response to a technical correc- difference and saved hundreds of thousands pending before the House that would address tions trade bill that included a section that of lives. Even for something as benign and this issue, and our letter indicated our support would lift the embargo on gum arabic from universal as promoting religious freedom, this for having the House consider immediately Sudan. This language was buried in H.R. Administration did little, to nothing, to outright NRC reauthorization under regular order. 4868 (the ``Miscellaneous Trade and Technical opposition to the International Religious Free- There was no reason to avoid regular order Corrections Act 2000'') and very few Members dom Act of 1998. and there is no excuse for retaining a provi- of Congress were aware of its presence in the sion that benefits one special interest while bill. I think the verdict is still out on whether President Clinton has traveled more than al- dropping provisions like the petroleum reserve this Administration will uphold the embargo on most any other President. He has had first authorization which benefits the whole nation. gum arabic from Sudan, but I received a re- hand experiences throughout Africa, more ex- Finally, I would like to point to three provi- sponse to my August 4, 2000 letter from Am- perience and actual time in Africa than any sions in this bill that amend the Department of bassador Holbrooke, in which Ambassador other President. But all of his time only Energy Organization Act, a statute primarily Holbrooke wrote: amounted to photo opportunities and hand- within the jurisdiction of the Commerce Com- ``The Administration agrees with you that the shakes, amounting to substance-free public mittee, in order to make changes relating to sanctions on the government of Sudan has relations. the Nuclear National Security Administration not made progress in rectifying the human (NNSA). These three provisions were also in- rights abuses for which those sanctions were Because of his time in Africa, he should cluded in the Senate's version of the Defense imposed, and we should not consider perma- have and could have done so much more. Authorization Act and were part of the reason, nently lifting sanctions until satisfactory The death, suffering, and destruction that has Chairman BLILEY, Representative BARTON, and progress has been made.'' occurred over the past eight years needed I were appointed as conferees on that legisla- Recently I have seen a glimmer of hope in more than a touch down by Air Force One. tion. In good faith we negotiated a com- what appears to be an effort by the Adminis- promise with our colleagues on both the tration to prevent Sudan from becoming a House and Senate Armed Services Commit- member of the Security Council at the United tees that saw two of these provisions, relating Nations. Only time will tell if the Administration to ``dual-hatting'' of DOE employees and the will be vigorous on this issue and ultimately term of the first NNSA Administrator, remain in CONGRESSIONAL RECORD — Extensions of Remarks E1641 the legislation. The third provision, circum- Mr. Speaker, on behalf of the State of Colo- sands of students who have become vital links scribing the Secretary of Energy's long- rado and the US Congress I congratulate Dan in the legal profession throughout Michigan standing authority to reorganize parts of the on this distinguished and well-deserved award. and the nation. Department, was dropped by mutual consent. He is a great American who deserves our His intellectual brilliance combined with high However, this legislation does not honor the gratitude and praise. integrity and the ability to see various sides of agreements reached by the committees of ju- Dan, your community, State, and Nation are an argument led to service in many fields of risdiction: it contains all three of the provisions proud of you! public service. He used his insights as a law- that were the subject of the Defense bill nego- f yer who had represented key sectors of the tiations. If those in charge of this institution labor movement to help fashion, with other can neither honor agreements in good faith, HONORING REBECCA WOOD AS THE labor and management appointees of Gov- nor ensure that legislation is considered under HIGH SCHOOL TEACHER OF THE ernor George Romney on a Special Commis- regular order and rules, then it will be impos- YEAR FOR FAYETTE COUNTY sion, a report leading to long overdue reforms sible to do the work of the American people. of the workers' compensation laws of Michigan For all these reasons, I oppose the con- HON. ERNIE FLETCHER in the mid-sixties. Earlier he had served on the ference report. OF KENTUCKY Wayne County Board of Supervisors and was f IN THE HOUSE OF REPRESENTATIVES appointed by the U.S. Secretary of Labor as a HONORING DAN AGUILAR Monday, October 2, 2000 public member of the National Council on Em- ployee Welfare and Pension Benefit Plans. Mr. FLETCHER. Mr. Speaker, I am honored I fully hope, as one who benefitted from HON. SCOTT McINNIS to recognize an outstanding educator in the Boaz Siegel's professional talents and rigor in OF COLORADO Central Kentucky community. As a mathe- law practice and as a long-time friend of his IN THE HOUSE OF REPRESENTATIVES matics teacher at Tates Creek High School, and his wife Bess, to be present at the build- Monday, October 2, 2000 Rebecca Wood has inspired countless stu- ing dedication on October 20. It will be a real Mr. McINNIS. Mr. Speaker, it is with great dents to succeed through her patience and privilege and pleasure for all of us assembled honor that I rise to pay tribute to a true Amer- dedication. for this happy and worthy event for a truly ican hero, Dan Aguilar of Vail, Colorado. Dan Recently, Ms. Wood was named High worthy human being. has been awarded the Silver Plaque Inter- School Teacher of the Year for Fayette Coun- f national Alpine Solidarity Award, given to indi- ty. Rebecca Wood has worked hard to equip viduals who have risked their lives to save her students with the math skills they will need RONALD MCDONALD HOUSE CHAR- others in dangerous mountain accidents. Dan for both daily living and higher education. For ITIES—TOP-RANKED CORPORATE is a well-known mountain rescuer who de- the past twenty-five years, Ms. Wood has CITIZEN FOR THE HISPANIC serves both the admiration and praise of this been a leader throughout the educational COMMUNITY body. community. She has served with the local and Dan grew up in Dallas, Texas, where he re- national Councils of Math Teachers and is HON. SILVESTRE REYES sided for 18 years. After graduating from continually working to remain on the cutting OF TEXAS Crozier Tech High School, he served in the edge of math education. IN THE HOUSE OF REPRESENTATIVES US Army in Vietnam for four years. Upon re- Today, I join our community in recognizing Monday, October 2, 2000 turning to the United States, he moved to Vail an outstanding teacher who has given years where he began his now renowned career in of dedicated teaching to the youth of Central Mr. REYES. Mr. Speaker, I rise to recognize mountain rescue. Dan's love for the mountains Kentucky. It is a pleasure to recognize Ms. the Ronald McDonald House Charities has seen him travel the globe and conquer the Wood on the House floor today for her supe- (RMHC), McDonald's owner/operators, and most dangerous alpine trails in the world. rior work in education which has earned her the McDonald's Hispanic Operators Associa- What's more, his mountain climbing adven- the Teacher of the Year Award. tion for their commitment to Hispanic Amer- tures have taken him to Mexico, Ecuador, f ican higher education. Their generous ongoing Alaska and Argentina. But it is not his accom- support of the RMHC/Hispanic American Com- plishments as a climber or mountain biker that TRIBUTE TO BOAZ SIEGEL mitment to Educational Resources Scholarship have earned him this prestigious award, but Program (HACER) has just earned them an rather it is his courage as a mountain rescuer. HON. SANDER M. LEVIN award from the Hispanic Scholarship Fund as In the early 1980's, Dan suffered the crush- OF MICHIGAN one of the ``top ten...corporate citizens for ing loss of a dear friend that completely IN THE HOUSE OF REPRESENTATIVES the Hispanic community.'' The RMHC/(HACER) provides scholarship changed his view of climbing. For some time Monday, October 2, 2000 he was unable to even fathom climbing again, assistance to promising Hispanic American but this experience eventually drove him to the Mr. LEVIN. Mr. Speaker, on October 20, college-bound students. Since its establish- line of work that has made him a living legend. 2000, Pipefitters Local 636 of the United Asso- ment in 1985, it has awarded over $7 million He has been a member of the Vail Mountain ciation of Journeymen and Apprentices of the in scholarships to approximately 7,000 His- Rescue Group in the nearly two decades Plumbing and Pipefitting Industry in south- panic American high school seniors. It is the since. eastern Michigan will dedicate their new hall in largest high school-to-college program for His- For Dan, saving the life of another seems to honor of a distinguished attorney and its long- panic students in the country. come naturally. In fact, this most recent award time friend, Boaz Siegel. This pioneering diversity effort was initiated is not the first time he has received recogni- It represents a fitting testament to the dec- by Richard Castro, a McDonald's owner/oper- tion for his devotion to helping others. Last ades of service of Boaz Siegel to the thou- ator in my home district, El Paso, Texas. year he was awarded the Mountain Rescue sands of rank and file members of Pipefitters RMHC/HACER now comprises 33 local pro- Association's Outstanding Individual Service Local 636 and their families. As has been true grams, including a thriving El Paso program. Award. In all, it is estimated that Dan has in a number of vital areas within the construc- All are jointly supported by RMHC, its local af- been involved in around 500 different rescue tion industry in Michigan, Boaz Siegel was a filiates, and McDonald's owner/operators. missions, since his involvement with Mountain pioneer in crafting, on a cooperative basis with RMHC/HACER addresses the very real Rescue. His advanced rescue skills have also labor and management, a series of trust funds need to increase the Hispanic high school been utilized in rescues on Mt. Rainier in covering the health, pension, vacation and graduation rate and Hispanic participation in Washington, the Premiers in Russia, and the employment security needs of countless num- our colleges and universities. Hispanic youth Aconcogua in South America. bers of hardworking families. He has faithfully drop out of high school at a higher rate than Dan's dedication and incredible compassion helped these funds to grow and prosper dur- any other major RMHC/population group. They to help others have earned him a legendary ing a remarkable nearly fifty years as legal also lag far behind their peers in college at- reputation and the admiration of people counsel and adviser. tendance and graduation. HACER provides around the world. According to Tim Cochrane, During three of these decades, Boaz Siegel Hispanic youth an incentive and a means to a fellow member of Mountain Rescue, in a re- was a professor at the law school of Wayne change these trends. cent article in The Vail Daily by Tamara Miller: State University, providing stimulating and rig- RMHC/HACER is one of many ways that ``Aguilar is the first volunteer rescuer in North orous teaching and training in the fields of Ronald McDonald House Charities, with sup- America to win the award.'' labor, administrative and contract law to thou- port from the McDonald's system, fosters and E1642 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2000 supports the educational aspirations of Amer- thousands of boys and girls throughout the re- ment to working to improve the health and ica's youth. The Hispanic Scholarship Fund gion. well-being of all members of our community. award is a fitting recognition of an organization The national Boys and Girls Club movement He also has been honored by the American that truly gives back to the community and our was born in 1860, when a group of women in Medical Society, which has bestowed the nation. Hartford decided to provide local boys with an Hektoen Gold Medal and the Hektoen Bronze f alternative to roaming the streets. In 1906, Medal upon Dr. Folk. As further evidence of several Boys Clubs decided to affiliate. The his accomplishments, I need only mention that HONORING MORLEY BALLANTINE Federated Boys Clubs in Boston was formed Dr. Folk is certified by the American Board of with 53 member organizations. In 1956, Boys Surgery, the New York State Medical Board, HON. SCOTT McINNIS Clubs of America received a Congressional and the National Board of Medical Examiners. OF COLORADO Charter. In 1990, the name was changed to Finally, Dr. Folk serves his community and his IN THE HOUSE OF REPRESENTATIVES the Boys and Girls Club of America. The Boys' Nation as a Colonel with the New York State and Girls' Club of Pittsfield was formed in the Army National Guard. Monday, October 2, 2000 early days of the organization and remains Mr. Speaker, my good friend, Dr. Frank Mr. McINNIS. Mr. Speaker, I wanted to take special and unique in our community. Folk, is more than worthy of receiving our this moment to recognize a woman who has The Pittsfield facility was established on birthday wishes today, and I hope that all of exemplified extraordinary dedication to philan- June 28, 1900 as a club for boys in Pittsfield my colleagues will join me today in honoring thropic work, my friend, Morley C. Ballantine with an $800 donation by local philanthropist this truly remarkable man. who currently serves as editor and chairman Zenas Crane. It soon embarked upon a tradi- f of the Durango Herald. Recently, Morley was tion of service and community involvement ca- ALLIANCE FOR JUSTICE AND PHY- awarded the high honor of being named Colo- tering to several generations of Pittsfield SICIANS FOR SOCIAL RESPONSI- rado's ``Outstanding Philanthropist'' by the youth. With an initial membership of 320, the BILITY Governor's Commission on National Commu- club held its first meetings on the second floor nity Service and the Association for of the Renne Block on Renne Avenue with the Healthcare Philanthropy, in recognition of her HON. JANICE D. SCHAKOWSKY intent of preventing idleness and instilling OF ILLINOIS support for a whole array of charitable and hu- healthy work and home values in its member- IN THE HOUSE OF REPRESENTATIVES manitarian based institutions. Morley's robust ship. Providing an array of recreational and efforts to make her community, state and na- educational opportunities for countless youth Monday, October 2, 2000 tion a better place make her more than de- under the auspices of its first superintendent, Ms. SCHAKOWSKY. Mr. Speaker, today I serving of this distinction. Prentice Jordan, the club soon expanded be- would like to recognize and congratulate Alli- Morley was chosen for the prestigious yond its original quarters. In 1906, when its ance for Justice and Physicians for Social Re- award out of over 100 nominations. Morley membership grew to over 800, Crane funded sponsibility and the more than 200 organiza- was nominated by four different individuals for a move to a more specious residence on Mel- tions, including the Illinois Council Against this distinguished honor and was selected as ville Street. Currently, the membership of the Handgun Violence, North Suburban Chicago the winner by a committee of 50. club exceeds 5000, making it the largest sin- Million Mom March, and the Interfaith Initiative The reasons Morley was chosen are many. gle-unit organization affiliated with the Boys Against Gun Violence for their leadership of Over the years, Morley has not only consist- and Girls Club of America. the First Monday 2000: Unite to End Gun Vio- ently given of her financial resources, but she The Boys and Girls Club of Pittsfield con- lence campaign. In my district, I'd like to rec- has also actively participated in a host of ac- tinues to inspire and enable thousands of ognize Northwestern University, the University tivities geared toward helping her community young people to realize their full potential as of Illinois at Chicago, John Marshall Law and and fellow man. In 1987, she helped start the productive, responsible and caring citizens. I Chicago Kent College of Law for their hosting Women's Resource Center in Durango, and is am proud to stand and honor them today and of First Monday 2000 events. Today, in more than 350 communities also a founding member of the Colorado appreciate the opportunity to recognize them across this nation, students, parents, doctors, Women's Foundation. In addition, she served before the United States Congress. lawyers, social workers, nurses, civic leaders, on the state commission on the Status of f Women, local and state League of Women's community members and elected officials will Voters' boards, local arts and library boards, RECOGNIZING DR. FRANK S. rally support for the passage of common sense gun safety legislation. These activities the state Anti-Discrimination Commission, the FOLK—68 YEARS YOUNG will include the showing of a short documen- Colorado Land Use Commission and the state tary film, ``America: Up in Arms'' by award-win- National Historic Preservation. HON. EDOLPHUS TOWNS ning filmmakers Liz Garbus and Rory Ken- This, friends and colleagues, is a truly re- OF NEW YORK nedy. The film is a powerful presentation of markable legacy of service. It's a legacy that IN THE HOUSE OF REPRESENTATIVES the epidemic of gun violence and how it has Morley should be proud of. Monday, October 2, 2000 irrevocably changed the lives of three families Morley's dedication and devotion to philan- Mr. TOWNS. Mr. Speaker, I rise today to in America. thropic causes both great and small is truly Gun violence is all around us. We see it honor Dr. Frank S. Folk, a resident of Brook- worthy of our praise. Mr. Speaker, on behalf of every day on our television screens and read the State of Colorado and the U.S. Congress, lyn, and to celebrate his 68th birthday. I ask about it in our newspapers. Rarely does a I would like to thank Morley for her incredible my colleagues assembled here today to night go by without our local news reporting efforts to benefit her community, and con- please join me in acknowledging Dr. Folk's re- another shooting or the morning newspapers gratulate her on the much deserved award. markable life. writing about the latest victims of gun violence. We are proud of Morley and grateful for her On this day, October 2nd, in 1932, Frank Even in my hometown of Evanston, we experi- service. Folk was born in Vonville, South Carolina. As enced three shootings in one night. It doesn't f a young boy, Frank possessed excellence, matter if you're in Chicago or small town USA, greatness, the favor of God, love and honor, guns are everywhereÐin the schools, on the COMMENDING THE BOYS AND the law of kindness in tongue, morality and trains and in the workplace. Numbers don't GIRLS CLUB OF PITTSFIELD character. As a personal friend of Dr. Folk, I lieÐover 30,000 people, including 4,000 chil- know that I can speak for his many friends dren, die each year from gun violence. We are HON. JOHN W. OLVER and neighbors in commending him on his all affected and we must all take responsibility OF MASSACHUSETTS many years practicing medicine in Brooklyn. for ensuring that our children and our commu- IN THE HOUSE OF REPRESENTATIVES While Dr. Folk's professional accomplishments nities are safe from gun violence. are too numerous to mention, I do want to With First Monday, we will add to our num- Monday, October 2, 2000 point out that he has served on the Board of bers and mobilize young men and women in Mr. OLVER. Mr. Speaker, it gives me great Directors of the New York City Health and communities across the country to bring even pleasure to commend the Boys and Girls Club Hospital Corporation and on Kingsbrook Hos- more energy to our cause. I am proud to be of Pittsfield on its 100th Anniversary. It is one pital Executive BoardÐtwo of New York's a part of this effort. We are energized, em- of only 13 Boys and Girls clubs in the country most important health organizations. powered and ready and with this unprece- to reach its 100th Anniversary, and over the As Chair of my Health Committee since dented campaign we will succeed at ending years it has provided an invaluable service to 1991, Dr. Folk has demonstrated his commit- gun violence. CONGRESSIONAL RECORD — Extensions of Remarks E1643 HONORING MIKE CHESNICK options for my constituents and as such has I am honored to be asked to participate in been an asset to Northeast Indiana. Between this program. Supreme President Kove has HON. SCOTT McINNIS 1985 and 1995, the number of branches in- worked hard all her life for the benefit of oth- OF COLORADO creased from one to eight with the umber of ers. As a small business owner, volunteer at IN THE HOUSE OF REPRESENTATIVES membership soared from 15,000 to 65,000 the John Dingel VA Medical Center in Detroit plus. and nursing home visitor, she has always Monday, October 2, 2000 Along the way, Mr. Mills worked to promote been there to service the needs of others. Her Mr. McINNIS. Mr. Speaker, it is with im- the growth of the community as well as the rise through the ranks of both the Ladies Aux- mense sadness that I take this moment to Credit Union. In 1995, Three Rivers FCU was iliary of the VFW and the MOCA shows her honor the remarkable life of Mike Chesnick. able to secure Indiana's first Community De- remarkable sense of dedication and the great For two decades, Mike served the community velopment Credit Union Expansion Charter to amount of respect others have for her. of Grand Junction, Colorado with valor and open the filed of membership and provide fi- Please join me in congratulating Colette distinction, retiring as Chief of Police in 1974. nancial services to less served parts of the Kove on her election as Supreme President of He was a role model for his community and community. This innovation was the result of the Women's Auxiliary to the Military Order of an example of what a police officer can and his near two-years of work with local city offi- the Cootie. should strive to be. As family, friends, and fel- cials, the economic development offices of f low officers remember this great American, I Fort Wayne, and the National Credit Union Administration. Most recently, Mr. Mills facili- THOMASENA AND EUGENE would like to take this time to honor this truly GRIGSBY ART GALLERY remarkable human being. tate an initiative in the areas of inner city fi- Chief Chesnick began his distinguished ca- nancial literacy training for an under-served reer of service to America when he joined the group that also happens to be a new part of HON. WILLIAM (BILL) CLAY 10th Mountain Division in 1946, where he the FCU's field of membership. I strongly com- OF MISSOURI served in Italy and Austria during WWII. After mend him for his efforts to empower those IN THE HOUSE OF REPRESENTATIVES returning a proud veteran and serving his who are less economically advantaged Monday, October 2, 2000 county well, he began his illustrious career in through knowledge and the hroadening of fi- Mr. CLAY. Mr. Speaker, I wish to take this law enforcement. In 1954 he joined the Grand nancial services. opportunity to express my sincerest congratu- Junction Police Department as a patrolman. In the role of Chairman of NAFCU, Mr. Mills lations to Dr. and Mrs. J. Eugene Grigsby on His remarkable intellect and outstanding lead- will be lending the trade association that rep- the occasion of the dedication of the ership abilities rapidly shot him up the ranks of resent federal credit unions. I look forward to Thomasena and Eugene Grigsby Art Gallery the department. In 1961, he was promoted to working with him and America's credit unions in Phoenix, Arizona. Sergeant and in 1966 he began his role as as we work to benefit families and commu- This is an honor which Thomasena and Eu- Chief. nities, and congratulate him on this national gene richly deserve for they have been life- Chief Chesnick's leadership was well re- recognition. long supporters and contributors to the field of spected and inspired other officers under his f art. Together they have made innumerable leadership to serve with dedication, dignity IN HONOR OF COLETTE KOVE contributions to the arts community. I am and integrity. Beyond his widely regarded ef- NEWLY ELECTED SUPREME pleased that under the sponsorship of the forts as a police officer, Mike also worked with PRESIDENT OF THE WOMEN’S George Washington Carver Museum Dr. a number of other community based organiza- AUXILIARY TO THE MILITARY Grigsby's first art studio in Phoenix, Arizona tions, including the local Elk's Lodge where he ORDER OF THE COOTIE has been dedicated in their honor. The was a lifetime member. Grigsby Art Gallery will serve as a permanent Chief Chesnick served his community, HON. DAVID E. BONIOR facility for the exhibit of creative works, by State, and Nation admirably and he his serv- present and future artists. OF MICHIGAN Among their many projects, the Grigsbys ice at home and abroad was an inspiration to IN THE HOUSE OF REPRESENTATIVES us all. Mr. Speaker, as a former police officer, helped to establish the Hewitt collection of Af- Monday, October 2, 2000 I ask that we take this time to honor an indi- rican American art. I recently had the oppor- vidual that has set the standard for excellence Mr. BONIOR. Mr. Speaker, today I rise to tunity to view this collection on exhibit in St. as a member of the law enforcement commu- recognize the accomplishments of one of my Louis. It is a marvelous collection which I high- nity. On behalf of the State of Colorado and district's favorite daughters. Colette Kove is a ly recommend and which I was happy to find the US Congress, I would like to thank Chief graduate of Utica High School, wife of William includes some of Gene Grigsby's own works Chesnick for his immeasurable service to his Kove, mother of five, grandmother of thirteen, of art. community. His leadership and compassion and great-grandmother of six. On Saturday, I commend Dr. and Mrs. Grigsby for their went far beyond the line of duty and his mem- September 30th, her friends and family gath- many years of devotion to artistic endeavors. ory will long live in the hearts of all that knew ered to honor her dedication to our veteransÐ Their contributions will benefit and inspire fu- him. especially her leadership in the Women's Aux- ture generations of artists. My heartfelt best Mike Chesnick will be greatly missed. iliary of the VFW and the Military Order of the wishes to Gene and Tommy on this momen- tous occasion. f Cootie (MOCA). Colette first joined the Ladies Auxiliary of f RECOGNITION OF JAMES G. MILLS, the VFW in 1960, but left to spend the next 18 HONORING CONGRESSMAN MIKE NEWLY ELECTED CHAIRMAN OF years traveling with her children in the Drum McKEVITT THE BOARD FOR THE NATIONAL and Bugle Corps. She returned in 1980 to the ASSOCIATION OF FEDERAL Ladies Auxiliary VFW Post #1146 in St. Clair CREDIT UNIONS Shores. She took the group by storm serving HON. SCOTT McINNIS as Auxiliary President, County Council Presi- OF COLORADO IN THE HOUSE OF REPRESENTATIVES HON. MARK E. SOUDER dent, 5th District President, and has served as Monday, October 2, 2000 OF INDIANA Secretary of the Auxiliary for the past 18 IN THE HOUSE OF REPRESENTATIVES years. Mr. McINNIS. Mr. Speaker, it is with great In 1981, she joined the Womens' Auxiliary sadness that I rise to honor the life of the Monday, October 2, 2000 to the Military Order of the Cootie #35. Since Honorable James D. ``Mike'' McKevitt. Con- Mr. SOUDER. Mr. Speaker, today I would then, she has held the position of President gressman McKevitt recently passed away after like to reorganize James G. Mills of Fort ten times and has served in all offices in the a sudden heart attack at the age of 71. His Wayne, Indiana in my district for his recent Grand of Michigan (state) MOCA. In 1995, at devotion to helping others was remarkable election as chairman of the board for the Na- the MCOA National Convention in Arizona, and he will be greatly missed. As family, tional Association of Federal Credit Unions. Colette was elected Supreme Guard, and has friends, and colleagues mourn the loss of this Mr. Mills was elected on June 17, 2000 and served all offices leading to President. Just remarkable statesman, I would like to pay officially took over in late July. this past August, she was elected to that high- honor to his service to this great nation. In 1985, Mr. Mills joined Three Rivers Fed- est position and today serves as the Supreme Congressman McKevitt spent his youth in eral Credit Union as president and chief exec- President of the MOCA for the entire United Spokane, Washington, before deciding to at- utive officer. Three Rivers provides important States. tend the University of Idaho. When it came E1644 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2000 time for young Americans to serve their nation travel, lower fares, and better service. But to compete for business and tourism over- in battle, Congressman McKevitt did just that, these changes won't come overnight. The seas. These communities will benefit from the serving admirably and with distinction in the problem caused by underinvestment have new passenger demand that will be stimulated Korean War with the United States Air Force. been festering for decades and will take years by the combined network. For example, United After graduating from the University of Denver to fix. In fact, air service may get worse before has projected that demand for service to Pitts- with a Law Degree, Congressman McKevitt it gets better. burgh will increase by 33 percent from Allen- began his distinguished political career as It is against this background of an overbur- town, 10 percent from Harrisburg, 16 percent Denver District Attorney in 1967. He went on dened aviation system that the proposed from Albany, and 10 percent from Syracuse. to win reelection the following year and served merger of United and US Airways would ap- This increased yield will make short haul two more years before running for Congress. pear to some as further hurting consumers. routes to smaller communities more profitable In 1970 he was elected to represent the 1st However, the opposite is true. It is the status and easier to continue. Congressional District of Colorado in the quo that will hurt consumers. And the merger Third, with the merger, a new low-cost car- United States House of Representatives. Al- will help them, not hurt them. Let me explain rier will be established, based in the Wash- though Congressman McKevitt only served why. ington, DC, area. This carrier will receive slots one term in Congress, his career in public In June, the U.S. House of Representatives at Ronald Reagan National Airport, and be service was far from over. Committee on Transportation and Infrastruc- able to compete against United and the other In 1973, he became Assistant Attorney Gen- ture, which I chair, held 2 days of hearings on carriers. eral for Legislative Affairs, under President the proposed merger. We heard from the That is why the proposed United/US Air- Nixon. He soon moved on to becoming Coun- chairmen of United, US Airways, and the new ways merger is so important. In the best case, cil to the Energy Policy Office in the White D.C. Air as well as the U.S. Departments of the merger will provide tremendous opportuni- House. After serving his country in these im- Justice and Transportation, plus several oppo- ties for growth and improved service. But even portant capacities, he moved on to the private nents of the merger. These hearings and our if not all of these opportunities materialize, sector where he became head of the Wash- subsequent review have yielded much infor- consumers will still be far better off than they ington Office of the National Federation of mation. otherwise would have been under a re- Independent Business, where he worked for Should this merger not go forward, con- trenched or bankrupt US Airways. over a decade. sumers will almost certainly suffer under the One final point: United's recent labor woes While serving our country in many different status quo. US Airways is headed for financial should not be a factor in evaluating the merg- ways, Congressman McKevitt experienced a trouble in the next few years. It will be unable er. These problemsÐsimilar to problems ex- number of successes. But his greatest accom- to support its current system. There will be no perienced by American and Continental in the plishment is one that he held very dear to his alternative but to downsize. Retrenchment pastÐare not unusual in the aviation industry heart: the Korean War Memorial. Congress- probably won't be enough. Bankruptcy is the and are transitory in nature. man McKevitt is credited with being one of the most likely outcome, with its devastating im- In conclusion, we need to be realistic about driving forces behind getting the legislation pact on consumers and service. the prospects for US Airways. Consumers will passed in order for the memorial to be con- Consider these facts: US Airways' labor cost be better off hitching their wagon to a big and structed. His devotion to this project was so of 14 cents per available seat mile is 40 per- strong United Airlines than a financially endan- evident that it soon caught the attention of cent higher than the 9.0 to 9.5 cent cost for gered US Airways. President Reagan, who acted quickly and ap- other major carriers and almost double the 7.5 f pointed the Congressman to a position on the cent cost of low-cost carriers like Southwest. ALTERNATIVES TO OIL SHOULD Advisory Board. At a time when other airlines have been mak- BE PURSUED Congressman McKevitt served his commu- ing record profits, US Airways has been hem- nity, State and Country admirably. His dedica- orrhaging losses. Prior to the second quarter tion and devotion to serving his fellow citizens of this year, it lost about $370 million over a HON. DOUG BEREUTER was truly remarkable. He was a truly great 9-month period. During the 1990's, US Air- OF NEBRASKA American and his many accomplishments will ways has lost almost $1 billion. All of the other IN THE HOUSE OF REPRESENTATIVES live on in the hearts of all who knew him. mid-sized, mature-cost carriers like US Air- Monday, October 2, 2000 Mr. Speaker, on behalf of the State of Colo- ways have either gone out of business (e.g., Mr. BEREUTER. Mr. Speaker, this Member rado and the US Congress, I ask that we now Eastern, Pan Am) or have gone through mul- commends to his colleagues the following edi- pay tribute to this remarkable human being. tiple bankruptcies (e.g., Continental, TWA). torial from the September 24, 2000, Lincoln He may be gone, but his spirit of service and US Airways has a growing list of unprofit- Journal Star. The editorial expresses concern sacrifice will live on for years to come. able routes and is losing passengers at its about some of the proposals which have been f hubs. During the latest calendar year, only 46 percent of its routes were profitable, down offered to address rising oil costs. As the edi- THE UNITED/US AIRWAYS from 69 percent and 62 percent in the two torial emphasizes, the U.S. should encourage MERGER: A MATTER OF SURVIVAL previous years. And while other airline hubs alternatives to oil such as wind energy and were growing, US Airways' three hubs in Pitts- other renewable sources. Clearly, ethanol pro- HON. BUD SHUSTER burgh, Philadelphia, and Charlotte were vides an attractive alternative which helps the rural economy while helping to meet energy OF PENNSYLVANIA among only seven major airports that lost pas- needs. IN THE HOUSE OF REPRESENTATIVES sengers in 1999. Should the merger be approved, on the [From the Lincoln Journal Star, Sept. 24, Monday, October 2, 2000 other hand, consumers will likely realize sig- 2000] Mr. SHUSTER. Mr. Speaker, America's nificant benefits. First, consumers would have OIL PRICES GENERATING BAD IDEAS aviation system has been hurtling toward grid- for the first time single-carrier access to all More than a quarter century has passed lock and potential catastrophes in the skies. corners of the country. Airline service will be since Americans waited in lines to buy high Flight delays, cancellations, high fares, and improved by combining United's primarily east- priced gasoline. complaints about customer service have been west flight network with US Airway's north- There was plenty to time to find new en- all too common. The problem is an aviation south network. United also plans to improve ergy efficiencies and develop diversified en- ergy resources. Now we’re paying the price system that has not expanded to keep up with service by offering 64 new non-stop domestic for letting things slide. demand. flights and 29 non-stop international flights a You’d think the view of the future should Fortunately, help is on the way. Taking ef- day, as well as by creating 560 new city-to-city have been a little better from those high fect in October, the recently enacted Aviation routes. And their frequent flyer programs will seats in gas-guzzling SUV’s. Investment and Reform Act for the 21st Cen- be merged. United is committed to doing all of Gas prices have spiked to their highest tury (AIR 21) will provide over the next 3 years this while continuing to serve all cities cur- level in the past 10 years. A barrel of crude $40 billion primarily from the Aviation Trust rently served and capping fares for the next has tripled in price to almost $40 in the past Fund for new runways, gates, and terminals to two years. American concern might not have two years. reached the emotional levels in Europe, promote expanded competition and meet the Second, smaller cities, particularly those where truckers blocked roads in protest, but demands of the next century; it will also accel- served by US Airways, will benefit from the it won’t take much for panic to spread. erate efforts to modernize our antiquated air greater international access they will receive Before oil price hysteria takes away good traffic control system. The result will be safer through United, improving their opportunities judgment, a few bad ideas need to be spiked. CONGRESSIONAL RECORD — Extensions of Remarks E1645

Too bad it’s already too late to block Vice Representative DANNER, Representative GEP- estate purchase, causing an unpleasant and President Al Gore’s proposal to dip into the HARDT, Representative HULSHOF, Representa- costly surprise. Some examples include a Strategic Oil Reserve. That should have been tive MCCARTHY, Representative SKELTON, recognized immediately as a blatant polit- forged deed that transfers no title to real es- ical ploy to smooth things over until after Representative TALENT and me, I submit the tate; previously undisclosed heirs with claims the election. Even Clinton’s own Treasury following in the CONGRESSIONAL RECORD in against the property; and mistakes in the pub- Secretary Lawrence Summers said using the honor of a Missourian whose career deserve lic records. Title insurance offers financial pro- petroleum reserve would be ‘‘a major and recognition. Cara L. Detring is about to be- tection against these and other hidden haz- substantial policy mistake.’’ come the first woman president of the Amer- ards through negotiation by the title insurer As Sen. Chuck Hagel noted in a speech on ican Land Title Association, and this distinction energy this week, the 570 million gallons in with third parties, payment for defending the reserve were set aside for acute disrup- merits notice in the RECORD for the 106th against an attack on title as insured, and pay- tions in the oil supply caused by war or other Congress. The American Land Title Associa- ment of claims. national emergencies. tion membership is composed of 2,000 title in- An election is not a national emergency. surance companies, their agents, independent As President-elect of ALTA, Cara wants to Things could get worse quickly. Already abstracters and attorneys who search, exam- continue to build the educational, legislative Iraq’s Saddam Hussein has starting making ine, and insure land titles to protect owners and networking success already achieved by threatening noises. His hand is on the spigot and mortgage lenders against losses from de- the association. In education, Mrs. Detring of 2.3 million barrels of oil a day in the Inter- wants to make more education and informa- national market. fects in titles. Many of these companies also The motivation to protect fixed-income provide additional real estate information serv- tion available at their website, www.alta.org. Americans from surging prices for home ices, such as tax search, flood certification, tax Legislatively, Cara wants to build on the rela- heating is understandable, but relief from filing, and credit reporting services. These tionships between title professionals and high winter heating bills should be provided firms and individuals employ nearly 100,000 members of Congress and the agencies. And under existing programs to provide assist- with respect to networking, Cara wants to ance based on need. Tapping the petroleum individuals and operate in every county in he reserve provides price relief to well-to-do country. make sure that the association has relevant Americans who should be able to absorb the Cara's rise does not surprise me or others meetings, where vendors and customers can price hikes on their own. who know her. A former municipal judge for interact and find out the latest way to provide Another short-sighted idea pushed in the the city of Farmington for eight years, Mrs. high quality, low cost goods and services in United States since prices began rising is to Detring has never shrunk from leadership. As the title insurance and settlement services in- drop taxes on gasoline. The problem with a second-generation title person and a third dustries. Cara will rely in part on her experi- that approach is that it would remove the primary source of funding for highway con- generation attorney from both sides of her ence as president of the Missouri Land Title struction. What good is cheaper gas if the family, Cara currently is President of Preferred Association from 1987 until 1988. Land Title Company, one of the premier title roads are falling apart? Not only is Cara president-elect of ALTA, Still another bad idea (endorsed by Hagel, insurance agencies in Missouri with six offices but she also is a member of its Government we note with dismay) is to permit oil devel- in Farmington, Cape Girardeau, Potosi, Affairs Committee, the Finance and Nomina- opment in the coastal plains of the Arctic Fredericktown, Desloge, and Perryville. Cara tion Committees. Cara chairs the Committee Wildlife Refuge. That development, for only is also chairman of the Board of Directors for an estimated 16 billion barrels of oil, would Metro Title, Inc., President of Preferred Es- on Committees and the Planning Committee. disrupt caribou calving grounds and migra- For eight years Cara chaired ALTA's Edu- tory patterns that have existed for centuries. crow Company, and she still maintains her pri- A better approach to high oil prices than vate law practice focusing on estate planning cation Committee. jeopardizing fragile environmental areas is and real estate law. Cara Detring is a member Ms. Detring is a regular speaker and pan- to encourage alternatives to fossil fuels. Al- of the Legal Education Committee of the Mis- elist at national and state trade associations, ready available in the market, for example, souri Bar Association and was a director on and for 21 years she has served as an in- are BMWs that run on hydrogen. Even in Lincoln consumers can purchase hybrid the Board of Meramec Legal Aid Corporation structor at Missouri Land Title Institute (for autos from Honda and Toyota that run on for eight years. And as an example to women, which she contributed as author of Course I both gasoline and electricity. she was named Woman of the Year, 1990, by and Course II correspondence courses). Cara Just this week Gov. Mike Johanns pointed Women of Today. In 1991, Cara received the is a trustee and member of the Executive out that Nebraska ranks sixth in the nation ``Title Person of the Year'' award from the Mis- Committee for Mineral Area College Founda- in terms of wind energy resources. ‘‘We are souri Land Title Association. tion, and she instructed Mineral Area College the Saudi Arabia of wind,’’ Johanns boasted. As a title agent, Cara's responsibilities in- in short courses. Cara's own education in- The cost of producing electricity by wind clude assurance through diligent searches of turbine has dropped from 40 cents a kilo- cluded a B.A. in 1972 from the University of watt-hour in 1979 to 4 to 5 per kilowatt-hour. the public record that properties consumers Missouri and a J.D. in 1976 from that same Retired Iowa farmer Chuck Goodman will buy come with all ownership rights intact; in school's law school. earn more than $8,000 this year for the tur- other words, come with ``clean'' title. When bines he has on an acre of land. This harvest purchasing a home or other real estate, one Apart from ALTA, Cara is involved in the season, he said, that same acre would earn actually doesn't receive the land itself. What is medical field. She is a trustee on the Board of him only $100 to $200. acquired is ``title'' to the propertyÐwhich may Trustees of Mineral Area Regional Medical Development of a coherent national energy Center. Cara received the Excellence in Gov- policy is long overdue, as Hagel pointed out be limited by rights and claims asserted by in several venues last week. It’s important, others. ernance Award in 1999 from the Missouri Hos- however, that perspective not be limited to Problems with title can limit one's use and pital Association. She is a Director of Mineral the current obsession with oil prices. Gov- enjoyment of real estate, as well as bring fi- Area Regional Medical Center Foundation ernment interference to force cheaper prices nancial loss. Title trouble also can threaten the Board, member of the MARMC Home Health is not the answer. The best long-term gov- security interest your mortgage lender holds in Board of Directors, and Chairman of the Board ernment response is to work within the the property. Protection against hazards of title and President of HospiceCare, Inc. She framework of the free market to encourage is available through a unique coverage known served as chairman of the Board of Pres- development of new energy sources. as title insurance. Unlike other kinds of insur- byterian Children's Services. Cara's deep in- f ance that focus on possible future events and volvement in a wide variety of endeavors testi- IN HONOR OF CARA L. DETRING, charge an annual premium, the insurance is fies to her spirit of charity. In fact, in 1992, RESIDENT OF MISSOURI AND purchased for a one-time payment and is a Cara received the Good Neighbor Award FIRST WOMAN PRESIDENT OF safeguard against loss arising from hazards given by the Farmington Chamber of Com- THE AMERICAN LAND TITLE AS- and defects already existing in the title. Some merce. examples of instruments that can present con- SOCIATION Ms. Detring is married to Terry Detring, an cerns include: deeds, wills and trusts that con- accountant, and they have two children ages tain improper vesting and incorrect names; HON. JO ANN EMERSON 23 and 15. They live on a 320 acre farm in outstanding mortgages, judgments and tax OF MISSOURI Farmington. IN THE HOUSE OF REPRESENTATIVES liens; and easements or incorrect notary ac- knowledgments. I am pleased to submit this statement for Monday, October 2, 2000 In spite of all the expertise and dedication the CONGRESSIONAL RECORD, and I wish Ms. Mrs. EMERSON. Mr. Speaker, on behalf of that go into a search and examination, hidden Detring good luck during her term as ALTA Representative BLUNT, Representative CLAY, hazards can emerge after completion of a real President and beyond. E1646 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2000 HONORING THE 100TH ANNIVER- caring go a long way to help ease problems. Commerce and Transportation Committee a SARY OF FAMILY SERVICES OF Mark Lieberman, Executive Director of Family draft small business liability relief bill which MONTGOMERY COUNTY, PENN- Services, and all of the wonderful people as- they claimed was the product of two weeks of SYLVANIA sociated with this fine organization can take discussions with the Environmental Protection pride in all that they have done, and all that Agency. The draft clearly had been faxed to HON. CURT WELDON they continue to do each and every day. NFIB staff from the Office of the Administrator OF PENNSYLVANIA The continued need for Family Services is at EPA. NFIB states that this version and ear- IN THE HOUSE OF REPRESENTATIVES determined by the challenges that individuals, lier versions of the draft bill had been pro- families and our community face. They are duced at EPA and provided to them through Monday, October 2, 2000 moving into their second hundred years of their discussions. NFIB further claims that Ad- Mr. WELDON of Pennsylvania. Mr. Speaker, service by building upon community partner- ministrator Browner was both fully aware of I am pleased to congratulate Family Services ships that will develop and provide essential the draft and found the draft bill to be accept- of Montgomery County for its century of ac- services for people who need preventive inter- able to EPA. complishment to be celebrated on Tuesday, vention and essential support in order to en- In June through July of this year, Majority October 3, 2000. Family Services' mission is hance the quality of their lives. staff of the Commerce and Transportation to strengthen the quality of life for individuals, Mr. Speaker, I urge you and all of our col- Committees gave the NFIB±EPA draft fill to families, and our community, by providing pre- leagues to join me in wishing Family Services legislative counsel to put into proper legislative ventive intervention and essential support dur- of Montgomery County a most joyous 100th drafting form. This text was provided to Minor- ing times of need. Family Services of Mont- anniversary celebration and our appreciation ity staff. Majority and Minority staff met to dis- gomery County and all of the wonderful peo- for a job well done. cuss this and other Superfund issues. ple associated with this fine organization are f On August 18, 2000, EPA sent a letter in re- dedicated to enhancing the quality of life for sponse to the request of Representative DIN- people in our community through an innova- SMALL BUSINESS LIABILITY GELL about the NFIB±EPA discussion draft bill. tive and comprehensive range of human serv- RELIEF ACT EPA noted one problem concerning the pro- ices. spective application of the de micromis ex- Family Services reached its present form SPEECH OF emption. when three smaller Montgomery County non- profit organizations mergedÐFamily Service of HON. MICHAEL G. OXLEY On September 14, 2000, a bipartisan group Pottstown, the Lower Montgomery County OF OHIO of cosponsors introduced H.R. 5175, the Small Service Society, and the Main Line neighbor- IN THE HOUSE OF REPRESENTATIVES Business Liability Relief Act which largely re- flects the NFIB±EPA 1999 draft bill and ad- hood (with the earliest beginning in 1900). Tuesday, September 26, 2000 Currently they have a central office in Norris- dresses the issue raised by EPA in August town, three major branch offices, and several Mr. OXLEY. Mr. Speaker, a number of com- 2000. The most significant change between satellite facilities. ments have been made about the process of the bill and the NFIB-EPA discussion draft Family Services' formalized programs in- producing H.R. 5175, the Small Business Li- was to address the issue raised by EPA in its clude: Foster Grandparent Program, Meals on ability Relief Act by opponents of the legisla- August 2000 letter. Wheels, Professional Counseling, Project tion. I find these comments unfair and mis- On September 19, 2000, NFIB staff met HEARTH (helping elderly adults remain in leading. The following timeline should help set with EPA and Department of Justice (DOJ) their homes), Retired Senior Volunteer Pro- the record straight. Contrary to the impression staff to review H.R. 5175. NFIB states that gram (RSVP), Project HOPE (HIV±AIDS pre- that some Members imply in their statements, EPA and DOJ staff provided line by line com- vention and support services, Families and Minority staff on the Transportation and Com- ments on technical concerns within the legisla- Schools Together (FAST), Plays for Living, merce Committees have been aware of the tion. These comments were relayed to Com- Parent-to-Parent Internet Support Group, Em- basic proposal behind H.R. 5175 for months. merce and Transportation Majority staff. ployee Assistance Programs, Student Train- First, during the 103d, 104th, 105th, and On September 21, 2000, Majority and Mi- ing, Project Yes, and Safe Kids. The services early 106th Congresses, the Commerce and nority staff of the Commerce and Transpor- have also included helping people to access Transportation Committees held dozens of tation Committees and representatives from housing, fuel and other material needs, link- hearings with hundreds of witnesses outlining EPA and the Department of Justice met to dis- age to medicare, identifying peer support sys- the tremendous problems with the badly bro- cuss comments on H.R. 5175. ken Superfund program. Dozens of hearings tems, and locating resources to prevent future On September 24, 2000, a draft with minor problems. outline that Superfund is an unjust litigation nightmare and has a devastating impact on revisions was delivered to EPA and Minority Throughout the last one hundred years, staff offices to address a number of the con- Family Services and their predecessor organi- small businesses. The Committees held hear- ings on a number of Superfund bills during cerns raised at the meetings of September 19 zations have been on the ``cutting edge'' of so- and 21. cial services in our community. They have this time which have provisions that would consistently led the way in helping people who provide significant relief for small businesses. On September 25, 2000, Majority staff in- are experiencing a crisis in their lives to help On August 5, 1999, H.R. 1300, a com- vited EPA and Minority staff to meet or to pro- themselves. prehensive bill to reform Superfund, passed vide any written comments on the revised bill. Family Services continues to provide inno- the Transportation Committee by a vote of 69± Neither EPA nor Minority staff accepted the in- vative and timely programs in response to 2. The bill contains a de micromis exemption, vitation. community requests. Examples of recent addi- an exemption for small businesses that pro- On September 26, 2000, H.R. 5175, revised tions to their services are the ``Parent-to-Par- vide ordinary garbage, and the de minimis and to address certain Minority and Administration ent Internet Support Group,'' ``Project Yes'' in ability to pay settlement policyÐgenerally, all concerns, was brought up for a vote. Rolling Hills, ``Safe Kids'' in the Lower Merion components of the later, H.R. 5175. The Clin- The small business liability relief issue has area, and the ``New Beginnings'' prison min- ton-Gore Administration opposes the bill even had extensive process going back years. The istry. They have also recently experienced ex- though it now has 149 cosponsors, including basic NFIB±EPA discussion draft bill had been pansion of the ``FAST'' program to the Abing- 69 Democrats. provided to Minority staff as far back as No- ton and Methacton School Districts, staffed On October 13, 1999, H.R. 2580 passed in vember 1999. Mr. DINGELL received responses new locations in Pottstown, Phoenixville, and Commerce Committee by a vote of 30 to 21. from EPA to his questions concerning the draft Royersford with the ``Foster Grandparent'' pro- The bill includes the same legislative language in August 2000. The substantive arguments gram, acquired a van for additional efficiency as H.R. 1300 providing a de micromis exemp- being made by certain Members against the in their ``Meals on Wheels'' program, and more tion, an exemption for small businesses that billÐsuch as those concerning the burden of than quadrupled the size of their HIV/AIDS provide ordinary garbage, and the de minimis proof or the size definition of small busi- ``Peer Prevention and Education'' program. and ability to pay settlement policy. nessesÐare arguments over language that is There is no doubt that many people will face In early November 1999, the National Fed- in these early drafts. There was more than difficulties during their lives. At those times, re- eration of Independent Businesses (NFIB) enough time to provide specific written com- sponsible assistance coupled with sensitive showed both Majority and Minority staff of the ments to improve the bill. CONGRESSIONAL RECORD — Extensions of Remarks E1647 BORN-ALIVE INFANTS that will help a baby to live if there is any A TRIBUTE TO CHARLES R. PROTECTION ACT OF 2000 chance for survival. Sadly, there are babies TRIMBLE who are born with no hope of surviving past SPEECH OF the first few moments of live. Doctors should HON. ZOE LOFGREN HON. CAROLYN C. KILPATRICK not be forced to perform procedures that will OF CALIFORNIA OF MICHIGAN only prove to be futile in prolonging the life of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES a child. Rather, the rights of the infant should Monday, October 2, 2000 be protected by allowing the infant to spend Tuesday, September 26, 2000 his few precious moments of life in the arms Ms. LOFGREN. Mr. Speaker, today I rise to Ms. KILPATRICK. Mr. Speaker, under cur- of his parents. recognize the achievements of Charles R. rent law, infants who have been born, and are The Committee Report states that ``H.R. Trimble, the founder of Trimble Navigation alive, are indeed persons. Therefore, these in- 4292 would not mandate medical treatment Limited and Chairman of the United States fants have the same rights as all humans, in- where none is currently indicated'' and ``would Global Positioning System Industry Council. cluding receiving the best of care, comfort, not affect the applicable standard of care.'' Mr. Trimble is this year's recipient of the food, and shelter. No one on either side of the Once again, I am concerned that this bill will American Electronics Association's Medal of aisle would dispute this fact. This is why I find open up current law to be interpreted in an un- Achievement. Recipients of this award are rec- it odd that Representatives HYDE and CANADY intended manner. Therefore, I think we should ognized for their significant contributions to the feel it is necessary to introduce a bill which spend more time addressing how this bill will high-tech industry and for distinguished serv- appears only to restate the current law. affect the current law with respect to doctors, ice to the community, the industry and human- I question the motives behind the introduc- women, and children. kind. tion of this bill. Of course I will vote for any There is already a common law ``born alive'' Charles Trimble has shown vision and dedi- legislation that I believe will help our children, rule that mandates the prosecution of anyone cation in managing one of America's premier but I am afraid that the motives for introducing who harms a person who has been ``born'' technology companies; his leadership by ex- this bill are based more on politics than on and was ``alive'' at the time of the harmful act. ample has helped mold the success of the how to best serve our children. I think it is an In addition, thirty-seven states have already U.S. technology industry. Under Mr. Trimble's underhanded attempt to trick pro-choice Mem- passed explicit statutory laws relating to the careful direction, Trimble Navigation Limited bers. This bill was brought before the Judiciary treatment of infants who are ``born alive,'' and grew from a startup housed in a reconstructed Committee as one that would serve to protect perhaps most relevant, there is a federal stat- theater to the first publicly held company en- infants and ensure that they receive the best ue known as the ``Baby Doe Law'' that re- gaged solely in providing GPS solutions. care possible. Based on this, all but one Mem- quires appropriate care be provided to a new- Trimble now has 23 offices in 15 countries; its ber of the Committee voted in favor of the bill. born. Therefore, why is this bill necessary? products are distributed in 150 countries The fact that pro-choice Members supported What is the true intent of this proposed legisla- worldwide. this bill, forced the bill sponsors to declare tion? If in fact the true intent is to restate the Charles Trimble holds four patents in signal their intention to offer a Manager's Amend- law which protects our infants, then I will sup- processing and several in GPS. He was a ment. This amendment would have attacked port it. However, if it is being used as a vehi- member of the Vice President's Space Policy the Supreme Court's rulings on abortion and cle to attack the Supreme Court's rulings on Advisory Board's task group on the future of mischaracterized the current state of abortion the reproductive rights of women, I will have to U.S. Space Industrial Base for the National rights law. The inclusion of this amendment oppose it. Space Council. In 1991, he received INC Mag- would have forced pro-choice Members to f azine's ``Entrepreneur of the Year'' award. vote against the bill. In turn, this would have Throughout his career, he has published arti- PEACE BY PEACE given our colleagues on the other side of this cles in the field of signal processing, elec- issue the opportunity to say that the pro- tronics, and GPS; he has contributed to a choice Members did not support a bill that pro- HON. STEVEN T. KUYKENDALL number of technology initiatives in the San tects infants, when in reality we would have OF CALIFORNIA Francisco Bay Area, the Silicon Valley, and been forced to vote against such a bill due to IN THE HOUSE OF REPRESENTATIVES Washington, D.C. its attack on the reproductive rights of women. Monday, October 2, 2000 His interests and influence reach far beyond the scope of the high-tech industry. Charles I must give credit to my colleague from Mr. KUYKENDALL. Mr. Speaker, I rise Trimble was a Member of the Board of Gov- North Carolina, Representative WATT, for rais- today to honor and recognize several local or- ernors for the National Center for Asia-Pacific ing the issue of how fast this bill was rushed ganizations for their involvement in the fight Economic Cooperation (APEC) and a Member through the Judiciary Committee. This bill will against domestic violence. In recognition of of the Council on Foreign Relations. In 1999 amend the U.S. Code by defining the terms Domestic Violence Awareness Month, a coali- he was elected to the National Academy of ``person,'' ``human being,'' ``child,'' and ``indi- tion of local service agencies has launched Engineering. vidual'' to include ``every infant member of the Peace by Peace, a campaign to increase species homo sapiens who is born alive at I wish to thank Charles Trimble for his dedi- awareness of this terrible crime. cated leadership in the high-tech industry and any stage of development.'' According to the Peace by Peace is a cooperative project of: commend him on his admirable accomplish- Congressional Research Service, these terms Beach Cities Health District, 1736 Family Cri- ments. I offer my warmest congratulations on appear in more than 72,000 sections of the sis Center, Little Company of Mary Health being awarded the American Electronics Asso- U.S. Code and the Code of Federal Regula- Services, Redondo Beach Police Department's ciation's 2000 Medal of Achievement. Further- tions alone. While I would hope that the spon- Domestic Violence Advocacy Program, Na- more, he has my personal thanks for his many sors of this bill would not have included this tional Network to End Domestic Violence, Jo- courtesies to meÐfrom sharing his in-depth change in the language if it would cause a Ann etc., and the NCADD/South Bay Men's knowledge of science and technology to step- change in the law or in the way the law would Domestic Violence Treatment Program. be interpreted by the Supreme Court, since Domestic violence can no longer be ig- ping forward to advocate intelligent science the bill was presented as one that did not nored. Programs like Peace by Peace bring and technology policies. Charles Trimble is not change current law, I am not totally convinced. this issue to the forefront. Through the various only a great scientist and industrialist; he is a As Representative WATT said in the Com- workshops that will be held this month, South great human being. My life is richer for having mittee Report on H.R. 4292, this change in Bay residents will be able to learn more about had the chance to know him. language opens the door for many unintended domestic violence. It is because of organiza- f interpretations of the law. tions like the Beach Cities Health District and THOUGHTS ON THE I know that there are many neonatologists the Little Company of Mary Health Services APPROPRIATIONS who fear that this bill would affect the deci- that the women of the South Bay have access sions made by doctors and parents when to quality health services in time of need. HON. MARSHALL ‘‘MARK’’ SANFORD treating newborns. They are confused, as am I commend these agencies in their fight OF SOUTH CAROLINA I, as to whether this bill would mandate that against domestic violence. The support that IN THE HOUSE OF REPRESENTATIVES doctors provide care beyond what they would they provide is unparalleled. I appreciate their normally deem to be appropriate for newborns work and the services they provide. They have Monday, October 2, 2000 who have no possibility of survival. Doctors touched the lives of many throughout the Mr. SANFORD. Mr. Speaker, I rise today to are currently obligated to perform procedures South Bay. share the thoughts of Mr. Roy Parker of E1648 CONGRESSIONAL RECORD — Extensions of Remarks October 2, 2000 Goose Creek, South Carolina. He sent me a HOGS AND ROOTERS This practice has become so commonplace letter to the editor he wrote for The Post & ‘‘Root hog or die’’ was a frequently used that even some of our respected politicians still defend this practice. In fact, some are so Courier in my hometown in Charleston. Mr. expression during the Great Depression. These words had a very literal meaning, addicted to pork that they are willing to Parker raises a good point that we should which was that you had to do more than be cross party lines to satisfy their addiction. think about as we consider the appropriations present to survive. Beware of politicians bearing gifts—our bills in this election year. Now, when you think of hogs and rooters hard-earned tax money. Beware of politi- you instinctively think of members of Con- cians who become super conservative prior I submit the following article for the RECORD: gress. They pride themselves on rooting out to election and, if elected, will go to Con- pork and giving it where they think it will gress and raise your taxes and vote with the do the most good. liberals. CONGRESSIONAL RECORD — Extensions of Remarks E1649 SENATE COMMITTEE MEETINGS Health, Education, Labor, and Pensions 9:30 a.m. Title IV of Senate Resolution 4, To hold hearings to examine health care Energy and Natural Resources Energy Research, Development, Produc- agreed to by the Senate on February 4, coverage issues. SD–430 tion and Regulation Subcommittee 1977, calls for establishment of a sys- Commerce, Science, and Transportation To hold hearings to examine the elec- tem for a computerized schedule of all To hold oversight hearings to review the tricity challenges facing the North- meetings and hearings of Senate com- findings and recommendations of the west. mittees, subcommittees, joint commit- Interagency Commission on Crime and SD–366 tees, and committees of conference. Security in U.S. Seaports. Commerce, Science, and Transportation This title requires all such committees SR–253 To hold hearings on tobacco related to notify the Office of the Senate Daily Indian Affairs issues, focusing on how certain States Digest—designated by the Rules com- To hold hearings to examine alcohol and are spending tobacco revenues from the mittee—of the time, place, and purpose law enforcement in Alaska. settlement. of the meetings, when scheduled, and SD–366 SR–253 any cancellations or changes in the 2:30 p.m. 11 a.m. Foreign Relations meetings as they occur. Intelligence European Affairs Subcommittee As an additional procedure along To hold closed hearings on pending intel- Near Eastern and South Asian Affairs Sub- ligence matters. with the computerization of this infor- committee mation, the Office of the Senate Daily SH–219 To hold joint hearings to examine Rus- Digest will prepare this information for sian connections with Iranian weapons printing in the Extensions of Remarks OCTOBER 5 programs. section of the CONGRESSIONAL RECORD 9 a.m. SD–419 on Monday and Wednesday of each Judiciary Finance week. Business meeting to consider S. 2448, to International Trade Subcommittee Meetings scheduled for Tuesday, Oc- enhance the protections of the Internet To hold hearings to examine trade policy tober 3, 2000 may be found in the Daily and the critical infrastructure of the challenges in 2001. Digest of today’s RECORD. United States; and S. 1020, to amend SD–215 chapter 1 of title 9, United States Code, MEETINGS SCHEDULED to provide for greater fairness in the OCTOBER 12 arbitration process relating to motor 9:30 a.m. OCTOBER 4 vehicle franchise contracts. Appropriations 9:30 a.m. SD–226 Labor, Health and Human Services, and Small Business Education Subcommittee To hold hearings on U.S. Forest Service To hold hearings to examine the status issues relating to small business. of Gulf War illnesses. SR–428A SD–124 Monday, October 2, 2000 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate passed Intelligence Authorization. Senate agreed to the Conference Report on Energy and Water Develop- ment Appropriations. Senate amendment in the nature of a substitute. (S. Rept. Chamber Action No. 106–440) Routine Proceedings, pages S9559–S9642 S. 2749, to establish the California Trail Interpre- Measures Introduced: Eight bills were introduced, tive Center in Elko, Nevada, to facilitate the inter- as follows: S. 3141–3148. Pages S9605±06 pretation of the history of development and use of trails in the setting of the western portion of the Measures Reported: United States. (S. Rept. No. 106–441) Reported on Friday, September 29, during the ad- S. 2865, to designate certain land of the National journment: Forest System located in the State of Virginia as wil- H.R. 4447, to designate the facility of the United derness. (S. Rept. No. 106–442) States Postal Service located at 919 West 34th Street S. 2959, to amend the Dayton Aviation Heritage in Baltimore, Maryland, as the ‘‘Samuel H. Lacy, Sr. Preservation Act of 1992, with an amendment. (S. Post Office Building’’. Rept. No. 106–443) S. 1848, to amend the Reclamation Wastewater H.R. 1680, to provide for the conveyance of For- and Groundwater Study and Facilities Act to author- est Service property in Kern County, California, in ize the Secretary of the Interior to participate in the exchange for county lands suitable for inclusion in design, planing, and construction of the Denver Sequoia National Forest, with an amendment in the Water Reuse project, with an amendment in the na- nature of a substitute. (S. Rept. No. 106–444) ture of a substitute. (S. Rept. No. 106–437) H.R. 2919, to promote preservation and public S. 2195, to amend the Reclamation Wastewater awareness of the history of the Underground Rail- and Groundwater Study and Facilities Act to author- road by providing financial assistance, to the Free- ize the Secretary of the Interior to participate in the dom Center in Cincinnati, Ohio. (S. Rept. No. design, planning, and construction of the Truckee 106–445) watershed reclamation project for the reclamation H.R. 4063, to establish the Rosie the Riveter- and reuse of water, with an amendment in the na- World War II Home Front National Historical Park ture of a substitute. (S. Rept. No. 106–438) in the State of California, with amendments. (S. S. 2301, to amend the Reclamation Wastewater Rept. No. 106–446) and Groundwater Study and Facilities Act to author- H.R. 4285, to authorize the Secretary of Agri- ize the Secretary of the Interior to participate in the culture to convey certain administrative sites for Na- design, planning, and construction of the Lakehaven tional Forest System lands in the State of Texas, to water reclamation project for the reclamation and convey certain National Forest System land to the reuse of water, with an amendment in the nature of New Waverly Gulf Coast Trades Center. (S. Rept. a substitute. (S. Rept. No. 106–439) No. 106–447) S. 2345, to direct the Secretary of the Interior to H.R. 2302, to designate the building of the conduct a special resource study concerning the pres- United States Postal Service located at 307 Main ervation and public use of sites associated with Har- Street in Johnson City, New York, as the ‘‘James W. riet Tubman located in Auburn, New York, with an McCabe, Sr. Post Office Building’’. D1008

VerDate 11-MAY-2000 06:21 Oct 03, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D02OC0.REC pfrm02 PsN: D02OC0 October 2, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1009 H.R. 3030, to designate the facility of the United H.R. 4884, to redesignate the facility of the States Postal Service located at 757 Warren Road in United States Postal Service located at 200 West Ithaca, New York, as the ‘‘Matthew F. McHugh Post 2nd Street in Royal Oak, Michigan, as the ‘‘William Office’’. S. Broomfield Post Office Building’’. H.R. 3454, to designate the United States post S. 2804, to designate the facility of the United office located at 451 College Street in Macon, Geor- States Postal Service located at 424 South Michigan gia, as the ‘‘Henry McNeal Turner Post Office’’. Street in South Bend, Indiana, as the ‘‘John H.R. 3909, to designate the facility of the United Brademas Post Office’’. States Postal Service located at 4601 South Cottage Reported today: Grove Avenue in Chicago, Illinois, as the ‘‘Henry Special Report entitled ‘‘Further Revised Alloca- W. McGee Post Office Building’’. tion to Subcommittees of Budget Totals’’. (S. Rept. H.R. 3985, to designate the facility of the United No. 106–465) States Postal Service located at 14900 Southwest S. 2829, to provide for an investigation and audit 30th Street in Miramar City, Florida, as the ‘‘Vicki at the Department of Education, with an amendment Coceano Post Office Building’’. in the nature of a substitute. (S. Rept. No. 106–448) H.R. 4157, to designate the facility of the United S. 1840, to provide for the transfer of public lands States Postal Service located at 600 Lincoln Avenue to certain California Indian Tribes. (S. Rept. No. in Pasadena, California, as the ‘‘Matthew ‘Mack’ 106–449) Robinson Post Office Building’’. S. 2400, to direct the Secretary of the Interior to H.R. 4169, to designate the facility of the United convey certain water distribution facilities to the States Postal Service located at 2000 Vassar Street in Northern Colorado Water Conservancy District, with Reno, Nevada, as the ‘‘Barbara F. Vucanovich Post an amendment. (S. Rept. No. 106–450) Office Building’’. S. 2757, to provide for the transfer or other dis- H.R. 4448, to designate the facility of the United position of certain lands at Melrose Air Force Range, States Postal Service located at 3500 Dolfield Ave- New Mexico, and Yakima Training Center, Wash- nue in Baltimore, Maryland, as the ‘‘Judge Robert ington, with amendments. (S. Rept. No. 106–451) Bernard Watts, Sr. Post Office Building’’. S. 2872, to improve the cause of action for mis- H.R. 4449, to designate the facility of the United representation of Indian arts and crafts. (S. Rept. No. States Postal Service located at 1908 North Ellamont 106–452) Street in Baltimore, Maryland, as the ‘‘Dr. Flossie S. 2873, to provide for all right, title, and interest McClain Dedmond Post Office Building’’. in and to certain property in Washington County, H.R. 4484, to designate the facility of the United Utah, to be vested in the United States. (S. Rept. States Postal Service located at 500 North Wash- No. 106–453) ington Street in Rockville, Maryland, as the ‘‘Everett S. 2877, to authorize the Secretary of the Interior Alvarez, Jr. Post Office Building’’. to conduct a feasibility study on water optimization H.R. 4517, to designate the facility of the United in the Burnt River basin, Malheur River basin, States Postal Service located at 24 Tsienneto Road in Owyhee River basin, and Powder River basin, Or- Derry, New Hampshire, as the ‘‘Alan B. Shepard, Jr. egon, with an amendment. (S. Rept. No. 106–454) Post Office Building’’. S. 2977, to assist in the establishment of an inter- H.R. 4534, to designate the facility of the United pretive center and museum in the vicinity of the Di- States Postal Service located at 114 Ridge Street in amond Valley Lake in southern California to ensure Lenoir, North Carolina, as the ‘‘James T. Broyhill the protection and interpretation of the paleontology Post Office Building’’. discoveries made at the lake and to develop a trail H.R. 4554, to redesignate the facility of the system for the lake for use by pedestrians and non- United States Postal Service located at 1602 motorized vehicles. (S. Rept. No. 106–455) Frankford Avenue in Philadelphia, Pennsylvania, as S. 2885, to establish the Jamestown 400th Com- the ‘‘Joseph F. Smith Post Office Building’’. memoration Commission, with amendments. (S. H.R. 4615, to redesignate the facility of the Rept. No. 106–456) United States Postal Service located at 3030 Mere- H.R. 2496, to reauthorize the Junior Duck Stamp dith Avenue in Omaha, Nebraska, as the ‘‘Reverend Conservation and Design Program Act of 1994. (S. J.C. Wade Post Office’’. Rept. No. 106–457) H.R. 4658, to designate the facility of the United H.R. 3069, to authorize the Administrator of States Postal Service located at 301 Green Street in General Services to provide for redevelopment of the Fayetteville, North Carolina, as the ‘‘J.L. Dawkins Southeast Federal Center in the District of Colum- Post Office Building’’. bia, with amendments. (S. Rept. No. 106–458)

VerDate 11-MAY-2000 06:21 Oct 03, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D02OC0.REC pfrm02 PsN: D02OC0 D1010 CONGRESSIONAL RECORD — DAILY DIGEST October 2, 2000 H.R. 3292, to provide for the establishment of Act regarding certain persons and records of the Jap- the Cat Island National Wildlife Refuge in West anese Imperial Army in a manner that does not im- Feliciana Parish, Louisiana, with amendments. (S. pair any investigation of prosecution conducted by Rept. No. 106–459) the Department of Justice or certain intelligence H.R. 4275, to establish the Colorado Canyons Na- matters. Pages S9581±83 tional Conservation Area and the Black Ridge Can- Bryan (for Moynihan) Amendment No. 4283, to yons Wilderness. (S. Rept. No. 106–460) improve the identification, collection, and review for H.R. 4286, to provide for the establishment of declassification of records and materials that are of the Cahaba River National Wildlife Refuge in Bibb archival value or extraordinary public interest to the County, Alabama. S. Rept. No. 106–461) people of the United States. Pages S9581±83 H.R. 4318, to establish the Red River National Bryan (for Kerrey) Amendment No. 4284, to Wildlife Refuge. (S. Rept. No. 106–462) honor the outstanding contributions of Senator Dan- H.R. 4579, to provide for the exchange of certain iel Patrick Moynihan toward the redevelopment of lands within the State of Utah. S. Rept. No. Pennsylvania Avenue, Washington, D.C. 106–463) Pages S9581±83 H.R. 1460, to amend the Ysleta del Sur Pueblo Lott (for Shelby/Bryan) Amendment No. 4285, to and Alabama and Coushatta Indian Tribes of Texas make certain modifications. Pages S9581±83 Restoration Act to decrease the requisite blood quan- Senate insisted on its amendment, requested a tum required for membership in the Ysleta del Sur conference with the House thereon, and the Chair Pueblo tribe. S. Rept. No. 106–464) appointed the following conferees on the part of the H.R. 4002, to amend the Foreign Assistance Act Senate: Senators Shelby, Lugar, Kyl, Inhofe, Hatch, of 1961 to revise and improve provisions relating to Roberts, Allard, Mack, Warner, Bryan, Graham, famine prevention and freedom from hunger, with an Kerry, Baucus, Robb, Lautenberg, and Levin. amendment in the nature of a substitute. Page S9592 S. 3076, to establish an undergraduate grant pro- Subsequently, S. 2507 was placed back on the gram of the Department of State to assist students Senate calendar. of limited financial means from the United States to National Energy Security Act: Senate resumed con- pursue studies abroad. sideration of the motion to proceed to consideration S. 3144, to amend the Inspector General Act of of S. 2557, to protect the energy security of the 1978 (5 U.S.C. App.) to establish police powers for United States and decrease America’s dependency on certain Inspector General agents engaged in official foreign oil sources to 50 percent by the Year 2010 duties and provide an oversight mechanism for the by enhancing the use of renewable energy resources, exercise of those powers. Pages S9603±04 conserving energy resources, improving energy effi- ciencies, and increasing domestic energy supplies, Measures Passed: mitigating the effect of increases in energy prices on Intelligence Authorization: Senate passed H.R. the American consumer, including the poor and the 4392, to authorize appropriations for fiscal year 2001 elderly. Pages S9569±72 for intelligence and intelligence-related activities of Energy and Water Development Appropria- the United States Government, the Community tion—Conference Report: By 57 yeas to 37 nays, Management Account, and the Central Intelligence (Vote No. 261), Senate agreed to the conference re- Agency Retirement and Disability System, after port on H.R. 4733, making appropriations for en- striking all after the enacting clause and inserting in ergy and water development for the fiscal year end- lieu thereof the text of S. 2507 (Senate companion ing September 30, 2001. Pages S9572±77 measure), and after agreeing to the committee amendments, and the following amendments Small Business Authorization: Senate concurred in purposed thereto: Pages S9577±95 the amendment of the House to the Senate amend- Lott (for Warner) Amendment No. 4280, to mod- ment to H.R. 2392, to amend the Small Business ify the provisions relating to Department of Defense Act to extend the authorization for the Small Busi- Intelligence activities. Pages S9581±83 ness Innovation Research Program, with a further Lott (for Specter) Amendment No. 4281, to mod- amendment proposed thereto: Pages S9631±42 ify procedures under the Foreign Intelligence Sur- Kyl (for Bond/Kerry) Amendment No. 4286, in veillance Act of 1978 relating to orders for surveil- the nature of a substitute. Page S9639 lance and searches for foreign intelligence purposes. Nominations—Agreement: A unanimous-consent- Pages S9581±83 time agreement was reached providing for consider- Bryan (for Feinstein) Amendment No. 4282, to ation of Michael J. Reagan, to be United States Dis- require disclosure under the Freedom of Information trict Judge for the Southern District of Illinois, and

VerDate 11-MAY-2000 06:21 Oct 03, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D02OC0.REC pfrm02 PsN: D02OC0 October 2, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1011 Susan Ritchie Bolton, Mary H. Murguia, and James Randolph J. Agley, of Michigan, to be a Member A. Teilborg, each to be United States District Judge of the Board of Directors of the Corporation for Na- for the District of Arizona, on Tuesday, October 3, tional and Community Service for a term of one 2000, with votes to occur thereon. Page S9595 year. (New Position) California Indian Tribes—Agreement: A unani- Reginald Earl Jones, of Maryland, to be a Member mous-consent agreement was reached providing that of the Equal Employment Opportunity Commission when the Committee on Indian Affairs reports S. for a term expiring July 1, 2005. (Reappointment) 1840, to provide for the transfer of public lands to Hsin-Ming Fung, of California, to be a Member certain California Indian Tribes, it then be referred of the National Council on the Arts for a term ex- to the Committee on Energy and Natural Resources piring September 3, 2006. for a period not to exceed 7 calendar days. Edward F. Reilly, Jr., of Kansas, to be a Commis- Page S9642 sioner of the United States Parole Commission for a Executive Reports of Committees: Senate received term of six years. the following executive reports of a committee: Mark A. Weinberger, of Maryland, to be a Mem- Received on Friday, September 29 during the ad- ber of the Social Security Advisory Board for a term journment: expiring September 30, 2006. Report to accompany Treaty with Mexico on De- A routine list in the Air Force. Page S9642 limitation of the Continental Shelf (Treaty Doc. Executive Reports of Committees: Pages S9604±05 106–39) (Exec. Rept. No. 106–19) Page S9604 Report to accompany Protocol Amending the Statements on Introduced Bills: Pages S9606±11 1950 Consular Convention with Ireland (Treaty Doc. Additional Cosponsors: Pages S9611±13 106–43) (Exec. Rept. No. 106–20) Page S9604 Report to accompany Inter-American Convention Amendments Submitted: Pages S9613±31 on Serving Criminal Sentences Abroad (Treaty Doc. Notices of Hearings: Page S9631 104–35) (Exec. Rept. No. 106–21) Page S9604 Additional Statements: Pages S9601±03 Report to accompany Treaty with Belize for the Return of Stolen Vehicles, Treaty with Costa Rica on Record Votes: One record vote was taken today. Return of Vehicles and Aircraft, Treaty with Domin- (Total—261) Page S9576 ican Republic for the Return of Stolen or Embezzled Recess: Senate convened at 12 noon, and recessed at Vehicles, Treaty with Guatemala for the Return of 6:32 p.m., until 9:30 a.m., on Tuesday, October 3, Stolen, Robbed, Embezzled or Appropriated Vehicles 2000. (For Senate’s program, see the remarks of the and Aircraft, and Treaty with Panama on Return of Acting Majority Leader in today’s Record on page Vehicles and Aircraft (Treaty Docs. 105–54, S9642.) 106–40, 106–7, 105–58, and 106–44) (Exec. Rept. No. 106–22) Pages S9604±05 Nominations Received: Senate received the fol- Committee Meetings lowing nominations: No committee meetings were held. h House of Representatives children are predicate crimes for the interception of Chamber Action communications (H. Rept. 106–920); Bills Introduced: 10 public bills, H.R. 5350–5359; H.R. 5267, to designate the United States court- and 3 resolutions, H.J. Res. 110; H. Con. Res. 415, house located at 100 Federal Plaza in Central Islip, and H. Res 605 were introduced. Page H8617 New York, as the ‘‘Theodore Roosevelt United States Reports Filed: Reports were filed today as follows. Courthouse’’ (H. Rept. 106–921); Filed on Friday, Sept. 29, H.R. 4049, amended, H.R. 5284, to designate the United States cus- to establish the Commission for the Comprehensive tomhouse located at 101 East Main Street in Nor- Study of Privacy Protection (H. Rept. 106–919); folk, Virginia, as the ‘‘Owen B. Pickett United H.R. 3484, to amend title 18, United States States Customhouse’’ (H. Rept. 106–922); Code, to provide that certain sexual crimes against H.R. 4187, to assist in the establishment of an in- terpretive center and museum in the vicinity of the

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Diamond Valley Lake in southern California to en- terfeit police badges by those seeking to commit a sure the protection and interpretation of the paleon- crime; Pages H8570±72 tology discoveries made at the lake and to develop DNA Analysis Backlog Elimination: H.R. 4640, a trail system for the lake for use by pedestrians and amended, to make grants to States for carrying out nonmotorized vehicles (H. Rept. 106–923); DNA analyses for use in the Combined DNA Index H. Res. 603, waiving points of order against the System of the Federal Bureau of Investigation, to conference report to accompany the bill (H.R. 4578) provide for the collection and analysis of DNA sam- making appropriations for the Department of Inte- ples from certain violent and sexual offenders for use rior and related agencies for the fiscal year ending in such system; Pages H8572±78 September 30, 2001 (H. Rept. 106–924); Stop Material Unsuitable for Teens: H.R. 4147, H. Res. 604, providing for consideration of H.J. to amend title 18, United States Code, to increase Res. 110, making further continuing appropriations the age of persons considered to be minors for the for the fiscal year 2001 (H. Rept. 106–925); purposes of the prohibition on transporting obscene Page H8616 materials to minors (passed by a yea and nay vote Speaker Pro Tempore: Read a letter from the of 397 yeas to 2 nays, Roll No. 504); Speaker wherein he designated Representative Pages H8578±80, H8589 Stearns to act as Speaker pro tempore for today. Victims of Rape Health Protection: H.R. 3088, Page H8553 to amend the Omnibus Crime Control and Safe Recess: The House recessed at 12:31 p.m. and re- Streets Act of 1968 to provide additional protections convened at 2 p.m. Page H8553 to victims of rape (passed by a yea and nay vote of Suspensions: The House agreed to suspend the rules 380 yeas to 19 nays, Roll No. 505); and and pass the following measures: Pages H8583±88, H8589±90 National Police Athletic League Youth Enrich- Larry Small Post Office, Beachwood, Ohio: H.R. ment: H.R. 3235, amended, to improve academic 4315, to designate the facility of the United States and social outcomes for youth and reduce both juve- Postal Service located at 3695 Green Road in nile crime and the risk that youth will become vic- Beachwood, Ohio, as the ‘‘Larry Small Post Office tims of crime by providing productive activities con- Building;’’ Pages H8554±55 ducted by law enforcement personnel during non- Commemorating the Birth and Contributions of school hours. Pages H8580±83 James Madison: H. Con. Res. 396, celebrating the Suspension Failed—Privacy Commission Act: birth of James Madison and his contributions to the The House failed to suspend the rules and pass H.R. Nation; Pages H8555±57 4049, amended, to establish the Commission for the Clifford P. Hansen Federal Courthouse, Jackson, Comprehensive Study of Privacy Protection (failed to Wyoming: S. 1794, to designate the Federal court- pass by a 2/3 yea and nay vote of 250 yeas to 146 house at 145 East Simpson Avenue in Jackson, Wyo- nays, Roll No. 503). Pages H8561±70, H8588±89 ming, as the ‘‘Clifford P. Hansen Federal Court- Congratulating Hungary on the Millennium of house’’—clearing the measure for the President; Its Founding: H. Con. Res. 400, congratulating the Pages H8557±58 Republic of Hungary on the millennium of its foun- Teddy Roosevelt Courthouse, Central Islip, New dation as a state. Pages H8590±92 York: H.R. 5267, to designate the United States Recess: The House recessed at 4:56 p.m. and recon- courthouse located at 100 Federal Plaza in Central vened at 6 p.m. Page H8588 Islip, New York, as the ‘‘Theodore Roosevelt United Quorum Calls—Votes: Three yea-and-nay votes de- States Courthouse;’’ Pages H8558±59 veloped during the proceedings of the House today Owen B. Pickett United States Customhouse and appear on pages H8588–89, H8589, and Norfolk, Virginia: H.R. 5284, to designate the H8589–90. There were no quorum calls. United States customhouse located at 101 East Main Adjournment: The House met at 12:30 p.m. and Street in Norfolk, Virginia, as the ‘‘Owen B. Pickett adjourned at 10:23 p.m. United States Customhouse;’’ Pages H8559±61 Enhanced Federal Security: H.R. 4827, to Committee Meetings amend title 18, United States Code, to prevent the entry by false pretenses to any real property, vessel, ‘‘FIRSTGOV.GOV: IS IT A GOOD IDEA?’’ or aircraft to the United States or secure area of any Committee on Government Reform: Held a hearing on airport, to prevent the misuse to genuine and coun- ‘‘FirstGov.gov: Is It a Good Idea?’’ Testimony was

VerDate 11-MAY-2000 06:21 Oct 03, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D02OC0.REC pfrm02 PsN: D02OC0 October 2, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1013 heard from Sally Katzen, Deputy Director, Manage- including S. 2928, to protect the privacy of consumers ment, OMB; David Barram, Administrator, GSA; who use the Internet, 9:30 a.m., SR–253. David McClure, Director, Information Technology Committee on Environment and Public Works: to hold over- Management, GAO; and public witnesses. sight hearings on the use of comparative risk assessment in setting priorities and on the Science Advisory Board’s OVERSIGHT Residual Risk Report, 9:30 a.m., SD–406. Committee on the Judiciary: Held a hearing on Pre- Committee on Governmental Affairs: Subcommittee on venting and Fighting Crime: What Works? Testi- Oversight of Government Management, Restructuring and the District of Columbia, to hold hearings to exam- mony was heard from the following officials of the ine the District of Columbia’s progress in achieving its Department of Justice: Patrick J. Coleman, Deputy performance goals for FY 2000, 9:30 a.m., SD–342. Director, Policy and Management, Bureau of Justice Committee on Health, Education, Labor, and Pensions: to Assistance, and John J. Wilson, Acting Adminis- hold hearings to examine the impact of high fuel cost on trator, Office of Juvenile Justice and Delinquency, low-income families, 9:30 a.m., SD–430. both with the Office of Justice Program; Bruce C. Select Committee on Intelligence: closed business meeting Fry, Social Science Analyst, Center for Substance to consider pending intelligence matters, 2:30 p.m., Abuse Treatment, Department of Health and SH–219. Human Services; Lynne Abraham, District Attorney, Committee on the Judiciary: Subcommittee on Adminis- Philadelphia, Pennsylvania; and public witnesses. trative Oversight and the Courts, to continue oversight hearings on the Wen Ho Lee case, 9:30 a.m., SD–226. CONTINUING APPROPRIATIONS Subcommittee on Youth Violence, to hold oversight Committee on Rules: Granted, by voice vote, a closed rule hearings to examine Office of Justice programs, focusing providing one hour of debate in the House on H.J. Res. on drug courts, 9:30 a.m., SD–628. 110, making further continuing appropriations for fiscal year 2001, equally divided and controlled by the chair- House man and ranking minority member of the Committee on Committee on Appropriations, Subcommittee on Treasury, Appropriations. The rule waives all points of order Postal Service and General Government, on IRS-Elec- against consideration of the joint resolution. The rule tronic Tax Administration, 2 p.m., 2359 Rayburn. provides one motion to recommit. Committee on Banking and Financial Services, hearing on CONFERENCE REPORT—INTERIOR the Farm Credit Administration’s National Charter Initia- APPROPRIATIONS tive, 10 a.m., 2128 Rayburn. Committee on Rules: Granted, by voice vote, a rule Committee on Commerce, Subcommittee on Finance and waiving all points of order against the conference report Hazardous Materials and the Subcommittee on Health to accompany H.R. 4578, making appropriations for the and Environment, joint hearing on the Role of the EPA Department of the Interior and related agencies for the Ombudsman in Addressing Concerns of Local Commu- fiscal year ending September 30, 2001, and against its nities, 10 a.m., 2123 Rayburn. consideration. The rule provides that the conference re- Subcommittee on Oversight and Investigations, hearing port shall be considered as read. Testimony was heard on counterfeit bulk drugs and related concerns, 10 a.m., from Representatives Regula, Young of Alaska, Tauzin, 2322 Rayburn. Dicks, Dingell, George Miller of California, and John. Committee on Education and the Workforce, Subcommittee on Workforce Protections, hearing on Injured Federal f Workers on Hold: Customer Communications at DOL’s NEW PUBLIC LAWS Office of Workers’ Compensation Programs, 10 a.m., 2175 Rayburn. (For last listing of Public Laws, see DAILY DIGEST, p. D986) Committee on Government Reform, hearing on the Anthrax H.J. Res. 109, making continuing appropriations Vaccine Immunization Program—What Have We for the fiscal year 2001. Signed September 29, 2000. Learned? 11 a.m., 2154 Rayburn. (P.L. 106–275) Committee on International Relations, to continue markup of H. Res. 596, calling upon the President to ensure that f the foreign policy of the United States reflects appropriate COMMITTEE MEETINGS FOR TUESDAY, understanding and sensitivity concerning issues related to OCTOBER 3, 2000 human rights, ethnic cleansing, and genocide documented in the United States record relating to the Armenian (Committee meetings are open unless otherwise indicated) Genocide; and to mark up the following measures: H. Res. 577, to honor the United Nations High Commis- Senate sioner for Refugees (UNHCR) for its role as a protector Committee on Armed Services: to hold hearings on the of the world’s refugees, to celebrate UNHCR’s 50th anni- nomination of Robert B. Pirie, Jr., of Maryland, to be versary, and to praise the High Commissioner Sadako Under Secretary of the Navy, 9:30 a.m., SR–222. Ogata for her work with UNHCR for the past ten years; Committee on Commerce, Science, and Transportation: to H. Con. Res. 397, voicing concern about serious viola- hold hearings on proposals to improve Internet privacy, tions of human rights and fundamental freedoms in most

VerDate 11-MAY-2000 06:21 Oct 03, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D02OC0.REC pfrm02 PsN: D02OC0 D1014 CONGRESSIONAL RECORD — DAILY DIGEST October 2, 2000 states of Central Asia, including substantial noncompli- ality Act; and requests for INS reports on private relief ance with their Organization for Security and Cooperation bills, 10:30 a.m., 2226 Rayburn. in Europe (OSCE) commitments on democratization and Committee on Veterans’ Affairs, Subcommittee on Health, the holding of free and fair elections; S. 2682, to author- hearing on Chiropractic Services in the VA, 10 a.m., 334 ize the Broadcasting Board of Governors to make avail- Cannon. able to the Institute for Media Development certain ma- Committee on Ways and Means, Subcommittee on Health, terials of the Voice of America; H. Con. Res. 404, calling to mark up the Medicare Refinement and Benefit Im- for the immediate release of Mr. Edmond Pope from pris- provement Act of 2000, 12 p.m., 1100 Longworth. on in the Russian Federation of Humanitarian reasons; S. Subcommittee on Human Resources, hearing on H.R. 1453, Sudan Peace Act; H. Res. 588, expressing the sense 5292, Flexible Funding for Child Protection Act of 2000, of the House of Representatives with respect to violations 10 a.m., B–318 Rayburn. in Western Europe of provisions of the Helsinki Final Permanent Select Committee on Intelligence, executive, brief- Act and other international agreements relating to the ing on Global Hot Spots, 2 p.m., H–313 Capitol. freedom of individuals to profess and practice religion or belief; H. Con. Res. 414, relating to the reestablishment Joint Meetings of representative government in Afghanistan; H. Con. Conference: meeting of conferees on H.R. 3244, to com- Res. 410, condemning the assassination of Father John bat trafficking of persons, especially into the sex trade, Kaiser and others who worked to promote human rights slavery, and slavery-like conditions in the United States and justice in the Republic of Kenya; H. Con. Res. 361, and countries around the world through prevention, commending the Republic of Benin; and H. Con. Res. through prosecution and enforcement against traffickers, 382, calling on the government of Azerbaijan to hold free and through protection and assistance to victims of traf- and fair parliamentary elections in November, 2000, 10 ficking, 3 p.m., H–139 Capitol. a.m., 2172 Rayburn. Conference: meeting of conferees on H.R. 4461, making Committee on the Judiciary, Subcommittee on Immigra- appropriations for Agriculture, Rural Development, Food tion and Claims, to mark up the following: H.R. 5285; and Drug Administration and Related Agencies programs Serious Human Rights Abusers Accountability Act of for the fiscal year ending September 30, 2001, 4 p.m., 2000; proposals to amend the Immigration and Nation- SC–5 Capitol.

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Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED SIXTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 24 through September 30, 2000 January 24 through September 30, 2000 Senate House Total Civilian nominations, totaling 431, including 142 nominations carried Days in session ...... 110 100 . . over from the First Session, disposed of as follows: Time in session ...... 849 hrs., 11′ 724 hrs., 51′ .. Confirmed ...... 166 Congressional Record: Unconfirmed ...... 256 Pages of proceedings ...... 9,558 8,552 . . Withdrawn ...... 9 Extensions of Remarks ...... 1,636 . . Other Civilian nominations, totaling 1,785, including 778 nomina- Public bills enacted into law ...... 33 72 105 tions carried over from the First Session, disposed of as follows: Private bills enacted into law ...... 1 1 2 Confirmed ...... 1,499 Bills in conference ...... 18 22 . . Unconfirmed ...... 286 Measures passed, total ...... 344 550 894 Senate bills ...... 98 43 . . Air Force nominations, totaling 5,782, including 15 nominations House bills ...... 96 301 . . carried over from the First Session, disposed of as follows: Senate joint resolutions ...... 8 4 . . Confirmed ...... 4,977 House joint resolutions ...... 4 7 . . Unconfirmed ...... 802 Senate concurrent resolutions ...... 33 11 . . Returned to White House ...... 3 House concurrent resolutions ...... 25 58 . . Army nominations, totaling 6,029, including 204 nominations carried Simple resolutions ...... 80 126 . . over from the First Session, disposed of as follows: Measures reported, total ...... *348 *404 *752 Senate bills ...... 215 25 . . Confirmed ...... 2,512 House bills ...... 93 268 . . Unconfirmed ...... 3,515 Returned to White House ...... 2 Senate joint resolutions ...... 2 0 . . House joint resolutions ...... 1 4 . . Navy nominations, totaling 5,595, including 10 nominations carried Senate concurrent resolutions ...... 14 0 . . over from the First Session, disposed of as follows: House concurrent resolutions ...... 3 8 . . Confirmed ...... 2,418 Simple resolutions ...... 20 99 . . Unconfirmed ...... 3,175 Special reports ...... 11 13 . . Returned to White House ...... 2 Conference reports ...... 2 14 . . Marine Corps nominations, totaling 2,827, including 1 nomination Measures pending on calendar ...... 377 148 . . carried over from the First Session, disposed of as follows: Measures introduced, total ...... 1,345 2,233 3,578 Bills ...... 1,143 1,832 . . Confirmed ...... 2,729 Unconfirmed ...... 98 Joint resolutions ...... 17 24 . . Concurrent resolutions ...... 63 175 . . Summary Simple resolutions ...... 122 202 . . Quorum calls ...... 6 3 . . Total Nominations carried over from First Session ...... 1,150 Yea-and-nay votes ...... 260 273 . . Total Nominations received this session ...... 21,299 Recorded votes ...... 226 . . Total Confirmed ...... 14,301 Bills vetoed ...... 1 2 . . Total Unconfirmed ...... 8,132 Vetoes overridden ...... 0 0 . . Total Withdrawn ...... 9 Total Returned to White House ...... 7

* These figures include all measures reported, even if there was no accom- panying report. A total of 218 reports have been filed in the Senate, a total of 431 reports have been filed in the House.

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Next Meeting of the SENATE 3. H.R. 4216, Portable Skills Training Act; 9:30 a.m., Tuesday, October 3 4. H.R. 5178, Needlestick Safety and Prevention Act; 5. H. Res. 278, Importance of Education, Early Detection Senate Chamber and Treatment in the Fight Against Breast Cancer; 6. H. Con. Res. 64, Importance of Cervical Cancer Public Program for Tuesday: Senate will resume consideration of S. Awareness; 2045, H–1B Nonimmigrant Visas, with a vote on final passage 7. H.R. 238, Imposition of Mandatory Minimum Sentences to occur at 10 a.m.; following which, Senate will consider the nominations of Michael J. Reagan, to be United States District for Bringing in and Harboring Certain Aliens; Judge for the Southern District of Illinois, and Susan Ritchie 8. H.R. 3484, Child Sex Crimes Wiretapping; Bolton, Mary H. Murguia, and James A. Teilborg, each to be 9. S. 2272, Strengthening Abuse and Neglect Courts; United States District Judge for the District of Arizona, with 10. H.R. 5350, Children’s Protection Act; votes to occur thereon. 11. S. 1198, Truth in Regulating Act; (Senate will recess from 12:30 p.m. until 2:15 p.m., for their re- 12. H.R. 4389, Conveyance of Water Distribution Facilities spective party conferences.) to the Northern Colorado Water Conservancy District; 13. H.R. 2820, Provide ownership and operation of reserva- tion irrigation works by the Salt River Pima-Maricopa Indian Next Meeting of the HOUSE OF REPRESENTATIVES Community; 14. H.R. 4503, Historically Women’s Public Colleges or 9 am., Tuesday, October 3 Universities Building Restoration; 15. H.R. 4721, U.S. Right, Title, and Interest In A Prop- House Chamber erty in Washington County, Utah; Program for Tuesday: Consideration of the conference report 16. S. 366, El Camino Real de Tierra Adentro National His- on H.R. 4578, Interior and Related Agencies Conference Re- toric Trail Act; port (rule waiving points of order, one hour of debate); 17. H.R. 5331, Frederick Douglass Memorial and Garden Consideration of H.J. Res. 110, Making Further continuing Authorization; Appropriations (closed rule, one hour of debate); and 18. H.R. 707, Disaster Mitigation Act; Consideration of Suspensions: 19. H.R. 5212, Veterans Oral History Project; 1. H.R. 5139, Carl Vinson VA Medical Center, Dublin, 20. H.R. 4022, Russian Anti-Ship Missile Nonproliferation Georgia, conveyance of real property; Act; and 2. H.R. 284, Leave of Absence for Reservists to Participate 21. H. Con. Res., 390, Importance of Taiwan’s Participation in Funeral Honor Guard for Veterans; in the United Nations.

Extensions of Remarks, as inserted in this issue

HOUSE Kilpatrick, Carolyn C., Mich., E1647 Reyes, Silvestre, Tex., E1641 Kucinich, Dennis J., Ohio, E1637 Sanford, Marshall ‘‘Mark’’, S.C., E1647 Bereuter, Doug, Nebr., E1644 Kuykendall, Steven T., Calif., E1647 Schakowsky, Janice D., Ill., E1642 Bonior, David E., Mich., E1643 Levin, Sander M., Mich., E1641 Shuster, Bud, Pa., E1644 Clay, William (Bill), Mo., E1643 Lofgren, Zoe, Calif., E1647 Souder, Mark E., Ind., E1643 Dingell, John D., Mich., E1640 McInnis, Scott, Colo., E1637, E1638, E1641, E1642, Towns, Edolphus, N.Y., E1642 Emerson, Jo Ann, Mo., E1645 E1643, E1643 Weldon, Curt, Pa., E1646 Fletcher, Ernie, Ky., E1637, E1639, E1641 Olver, John W., Mass., E1642 Wolf, Frank R., Va., E1639 Green, Gene, Tex., E1638 Oxley, Michael G., Ohio, E1646

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