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

Vol. 145 WASHINGTON, TUESDAY, SEPTEMBER 14, 1999 No. 119 Senate The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE Wyden amendment that will be voted called to order by the President pro The Honorable LARRY CRAIG, a on in about 1 hour. The other is cloture tempore [Mr. THURMOND]. Senator from the State of Idaho, led on the Hutchison amendment. There The PRESIDENT pro tempore. Fa- the Pledge of Allegiance, as follows: was a vote on that cloture last night. It failed, but it seemed to have failed pri- ther Paul Lavin, pastor of St. Joseph’s I pledge allegiance to the Flag of the on Capitol Hill, Washington, DC, will United States of America, and to the Repub- marily by reason of absent Senators. now offer the prayer. lic for which it stands, one nation under God, The majority leader moved to recon- indivisible, with liberty and justice for all. sider and, of course, can bring up that f motion at any time. PRAYER As manager of the bill, I do not know The guest Chaplain, Father Paul RECOGNITION OF THE ACTING of any other amendments that will re- Lavin, offered the following prayer: MAJORITY LEADER quire rollcall votes. It does not mean The PRESIDING OFFICER (Mr. there might not be one or two, but I do In Psalm 113 we hear David sing: VOINOVICH). The Senator from Wash- not know of any others. We now have Praise you servants of the Lord praise ington. two managers’ amendments ready: one the name of the Lord f dealing with legislative matters and Blessed be the name of the Lord both one dealing with money matters, but I now and forever. SCHEDULE hope we will have settled all other out- From the rising to the setting of the Mr. GORTON. Mr. President, today standing issues in connection with the sun is the name of the Lord to be the Senate will immediately resume bill. In any event, if there are Senators praised. consideration of the second-degree who wish to bring up amendments that High above all nations is the Lord, Bryan-Wyden amendment regarding they reserved way back in August with above the heavens is his glory the Forest Service budget. By agree- respect to the bill that are not settled Who is like the Lord, Our God, who is ment, a vote on or in relation to that in these two managers’ amendments, I enthroned on high amendment will take place at 10:30 certainly urge them to come to the and looks upon the heavens and the a.m. Further amendments to the Inte- floor and to be prepared to present earth below? rior appropriations bill are expected them immediately after the 10:30 vote He raises up the lowly from the dust; throughout today’s session. Senators, on the Bryan-Wyden second-degree from the dunghill he lifts up the therefore, can expect votes throughout amendment. poor the day in anticipation of completing With that, Mr. President, I see Sen- To seat them with princes, with the action on the bill. It is expected that ator WYDEN present, I see Senator princes of his own people. the Senate will have approximately 2 CRAIG present, and so we are ready for Let us pray: hours of debate on S.J. Res. 33, with a debate. Almighty God, we give You thanks vote on final passage during today’s f for the many and varied ways You have session, with the time to be determined DEPARTMENT OF THE INTERIOR blessed the men and women who serve by the two leaders. AND RELATED AGENCIES APPRO- in the Senate. We ask now, Lord, that For the remainder of the week, the PRIATIONS ACT, 2000 Senate is expected to begin consider- they may do Your will in all things and The PRESIDING OFFICER. Under so remain close to You. ation of the Transportation appropria- tions bill. the previous order, the Senate will now Lord, Your presence is found where resume consideration of H.R. 2466, f unity and love prevail; grant that they which the clerk will report. may strive to work together in har- INTERIOR APPROPRIATIONS The bill clerk (Mary Anne Clarkson) mony and peace. Mr. GORTON. Mr. President, I just read as follows: We acknowledge that God is the read a text that was submitted to me. A bill (H.R. 2466) making appropriations for the Department of the Interior and re- strength and protector of his people; I am going to offer what I hope is a grant, Lord, to the Members of the lated agencies for the fiscal year ending Sep- slight correction to that for the benefit tember 30, 2000, and for other purposes. Senate the strength and courage they of all Senators. I believe, as manager of Pending: need to serve the people of the United the bill, it is highly possible there are States. Gorton amendment No. 1359, of a technical only two other unresolved matters in nature. We ask this through Christ, our Lord. connection with the Interior appropria- Hutchison amendment No. 1603, to prohibit Amen. tions bill. One is, of course, this Bryan- the use of funds for the purpose of issuing a

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

S10793

. S10794 CONGRESSIONAL RECORD — SENATE September 14, 1999 notice of rulemaking with respect to the well as focusing on the environmental version of that impact statement valuation of crude oil for royalty purposes principles pursued by Senator ROBB. would be published by February 14 of until September 30, 2000. One of the reasons I so strongly sup- 2000. Bryan amendment No. 1588, to make avail- port the Bryan-Fitzgerald-Wyden So this gives us a chance, I say to my able certain funds, by reducing the subsidy for the below-cost timber program adminis- amendment is we have seen in past colleagues, to make sure the work that tered by the Forest Service and for the con- years that throwing money at the tim- was promised actually gets done. We struction of logging roads in national for- ber sale program does not make things fund the timber sale program at the ests, for other Forest Service programs in- better. Each year, since 1996, this Con- levels called for by the administration. cluding road maintenance, wildlife and fish gress has authorized more money for We have a chance to learn from years habitat management, and for threatened, en- the timber sale program than the ad- past that just throwing money at the dangered, and sensitive species habitat man- ministration has asked for. So we have, timber sale program does not solve agement. in effect, shoveled more money out the things. Bryan/Wyden amendment No. 1623 (to I hope our colleagues will realize that amendment No. 1588), to make available cer- door for the timber sale program. tain funds for survey and manage require- The fact of the matter is, in spite of this bipartisan approach is a chance to ments of the Northwest Forest Plan Record the fact the Congress keeps spending solve problems, which is vitally impor- of Decision. more money on the timber sale pro- tant to rural communities not just in AMENDMENT NO. 1623 gram, the problems in these rural com- the West but across the country, while The PRESIDING OFFICER. Under munities, particularly the rural West at the same time honoring the impor- the previous order, the question is now —and these are economic and environ- tant environmental obligations this on amendment 1623 on which there mental problems—keep getting worse. Congress has set out for the Forest shall be 1 hour of debate which will be So the notion that throwing money at Service and other agencies. equally divided. the timber sale program is going to I do hope that however colleagues Mr. WYDEN addressed the Chair. solve these problems is simply not cor- voted on the Robb amendment, what- The PRESIDING OFFICER. The Sen- rect. The Congress has continued to ever they think with respect to the ator from Oregon. spend money. The problems are getting original language proposed by Senator Mr. WYDEN. I thank the Chair. I worse, both from an economic and an GORTON, they will look anew at the would like to take just a few minutes environmental standpoint. And that is Bryan-Fitzgerald-Wyden amendment now to speak on behalf of the Bryan- the bottom line. because what we are seeking to do is Fitzgerald-Wyden amendment and try So what Senator BRYAN and Senator build on the important principles em- to offer up to colleagues on both sides FITZGERALD and I are seeking to do is bodied behind both of those positions. My two colleagues are here from the of the aisle why Senator BRYAN, Sen- to link the money that the Forest Northwest, the distinguished chairman ator FITZGERALD, and I are trying to Service needs for these important pro- of the subcommittee, Senator GORTON, incorporate some of the important grams—not just in Oregon but across and the chairman of the committee on thinking that has been done by the the country—to a new focus on ac- which I serve, Senator CRAIG. They are chairman of the Interior Sub- countability. absolutely right; the Forest Service committee, Senator GORTON, as well as What our legislation does is earmark has lacked direction. Under the Bryan- the work with respect to forestry done resources for the important environ- Fitzgerald-Wyden amendment, we put on the floor of the Senate over the last mental work that needs to be done and in place that direction and real ac- few days by Senator ROBB of Virginia. at the same time places a stringent countability. timetable on the completion of the im- It seems to me that Senator GORTON, For those who voted for the Robb as well as Senator ROBB, are making portant environmental work. So, in ef- amendment earlier, and want to make extremely important points. What Sen- fect, we have a chance to do some good sure environmental laws are respected ator BRYAN, Senator FITZGERALD, and I by getting the environmental work and honored, we keep in place the no- are trying to do is build on the work done while at the same time helping tion that you do not throw those laws done by both of our colleagues. timber workers and environmental into the garbage can on appropriations For example, I think Senator GORTON concerns addressed in a responsible bills. and Senator CRAIG are absolutely right fashion. So I am hopeful my colleagues will in terms of saying that the Forest We do direct additional funds for the support this on a bipartisan basis. I Service has lacked direction, particu- survey and management program so we particularly thank the original sponsor can have the protocols for the species larly as it relates to the Pacific North- of the legislation, Senator BRYAN. He west. They have known at the Forest that currently lack this data, but we has done yeoman work to try to put in Service for many months that they had do it in a way that brings new account- place a bipartisan coalition. I hope this to comply with each of these survey ability. This is the first time on the proposal will be attractive to my col- and management requirements. The floor of the Senate that we have tried leagues of both political parties. Forest Service dawdled and dragged its to take this program, which has been Mr. President, with that I yield the feet. It has been literally flailing so mismanaged by the Forest Service, floor. around in the woods. and put in place some real account- The PRESIDING OFFICER. The Sen- I think Senator GORTON and Senator ability. ator from Idaho. CRAIG have been absolutely right that This is not the old days of just throw- Mr. CRAIG. Mr. President, good there has been a lack of accountability ing money at problems. This is a new morning. and a lack of oversight with respect to approach, a fresh and creative ap- I am not quite sure I know, for all of the Forest Service. proach, that Senators BRYAN, FITZ- the Senators who are listening this At the same time, I think Senator GERALD, and I are trying to offer which morning or who will be asked to vote ROBB has also been correct in terms of will ensure that not just in the North- in about 45 minutes, how to capture the saying we can’t just throw the environ- west but across the country there will essence of this amendment—the first- mental laws in the trash can because a be the funds that are needed for the degree and second-degree amend- Federal agency messes up. You can’t timber sale program, but at the same ments—brought to us by the Senator just set aside the environmental laws time we are going to have a real proc- from Nevada and the Senator from Or- of the United States because a Federal ess to watchdog the Forest Service to egon. agency, in this case the Forest Service, make sure they actually get the work I guess the best way to do that is to has not done its job. You have to figure done. kind of take a snapshot back to 1989 out a way to put this agency and this With respect to the problems that and 1990 when this country had a vi- program back on track. have shut down the forests in the Pa- brant forest products industry and a What the Bryan-Fitzgerald-Wyden cific Northwest, our amendment re- green sale program on the forested amendment seeks to do is to get the quires that the survey and manage- lands, the forested public lands of our Forest Service on track by building on ment draft, the environmental impact Nation. some of the important work done by statement would be completed by No- I would be the first to tell you, as I Senator GORTON and Senator CRAIG, as vember 15 of this year. The final have said over the years, that at that September 14, 1999 CONGRESSIONAL RECORD — SENATE S10795 time we were probably managing a 1999. In less than a decade, we have ting old land. So they are taking old level of cut on our public lands that seen the collapse of the forest product roads and improving them and putting was not sustainable. But it was at that industry of this country, all in the in culverts and graveling them and time that the National Environmental name of the environment, while we are making them more environmentally Policy Act, the Endangered Species still growing more trees now than ever sound so you don’t get sediment cre- Act, the Clean Air Act, and the Clean in the history of our country. We are ating runoff into the streams and dam- Water Act began to take effect on growing more trees now than when Eu- aging the fisheries. Ninety percent of those lands. We saw some very dra- ropean man came to this continent. the very money the Senator from Ne- matic reductions in logging. Our forests, in some instances, are vada wants to take out of this bill will Here is an example of the kind of re- more healthy today, and in other areas go to that kind of reconstruction of the ductions we have seen since 1989. The they are devastatingly old, with 30 to roads. Senator from Oregon just spoke. In his 40 percent dead and dying. They create Those are the facts. As chairman of State alone, 111 mills and 11,600 jobs. phenomenal fire potential situations the Subcommittee on Forests and Pub- The Forest Service, by its action, in re- when the climate goes dry, as they do lic Land Management, in the last 3 sponse to public policy shaped by the in the Great Basin West about every 6 years, we have held 45 hearings on the Senate, and interpreted by the courts years. Yet we have Senators who come U.S. Forest Service. We turned it up- of this country, caused this to happen to the floor and want to reduce the 70- side down and we shook to try to figure by disallowing the availability of pub- percent reduction again and again and out why it was the most dysfunctional lic saw logs to 111 mills. again. That is exactly the intent of the agency of the Federal Government. My State of Idaho: 17 mills, 770 jobs. amendment by the Senator from Ne- Here is part of the reason why: Because That is a comparable impact because of vada. the Congress of the United States, over the number of mills. So I scratch my head most sincerely, the last two decades of shaping public I spoke yesterday about my commu- and ask why. It can’t be because we policy, didn’t blend the policy together nity of Midvale—45 jobs in a 300-person haven’t reduced the program. It can’t and it collided, which caused the For- community, a big impact. But that be because we are trying to build envi- est Service, in large part, to crash be- mill is gone, torn down, sent to Brazil ronmental sensitivity and shape timber cause of lawsuits and very dedicated to cut down the rain forest. sales so they are much different than environmental groups who really do Literally this mill right here, they were a decade ago. It must be be- Grangeville, ID, closed for lack of tim- want to shut public timber cutting cause the national environmental ber, lack of public timber, lack of pub- down. movement—and the Sierra Club is the For the first time, yesterday, the lic timber by public policy, not for the best example—in a national policy Senator from Pennsylvania spoke on lack of growth of trees on the Nezperce shaped 3 years ago, said: zero cut of this. You would not expect Pennsyl- Forest, torn down and sent to Brazil to trees on public lands. We don’t want to vania to be involved in this debate. Yet cut rain forest trees. We have struggled for a decade to try see another tree cut. they have National Forest lands, hard Somehow, other Senators seem to to transform public policy to meet the wood lands. They have the same prob- want to echo that and bring it to the environmental sensitivity that all of us lem. Now lawsuits are being filed there want the Forest Service to meet. The floor. I have to believe that is the driv- to disallow the cut of red cherry and chairman of the appropriations sub- ing impetus behind this amendment. I other woods that are critical to the know of no other reason—at least I committee, Senator GORTON, has con- furniture industry and to about four stantly worked where he could through can’t come up with a good one—when counties in Pennsylvania. This amend- the appropriations process to shape you look at the history and recognize ment affects every State in the United that new policy. what the Forest Service has done. The States that has a National Forest so We have now reduced the allowable Senator from Oregon and I are working designated within its boundaries. In cut on the public forests of our coun- together to shape policy. The Forest some form, it will impact every one of try, from 1990 to today, by 70 percent, Service has lost its direction. It tried those States. a precipitous drop. In other words, if to deal with the National Endangered The second-degree amendment is that were the auto industry, GM and Species Act and National Environ- simply to shift over a little over one- Chrysler would no longer exist. They mental Policy Act, and as it tried to third of the $34 million that is taken would be gone. Their plants would be amalgamate these into the National out of the program by the amendment torn down and their people would be Forest Planning Act and the national of the Senator from Nevada to do re- strewn across the landscape looking for forest plans under which the forest op- search. The Senator from Oregon will a new job. But it wasn’t the auto indus- erates. The courts have stepped in time argue that it expedites an agenda. I am try, it was the forest products indus- and time again and said, no, you can’t confident it doesn’t because the Forest try. We have recognized that and tried do it that way. The reason is that envi- Service simply can’t move that quick- to reshape it to meet the environ- ronmental groups have filed lawsuits. ly. If they did, they would probably be mental standards all of us want our We have allowed the courts to become sued and shut down again. Forest Service to adhere to, but also to the managers of our public forested So we can argue on the floor, and we wring the politics out of it. lands, not the U.S. Senate. will vote; and it will be a vote on poli- So there has been a 70-percent de- You and I were elected to shape pub- tics a lot more than on policy or sub- cline in logging for timber harvest lic policy. The chairman of the Appro- stance, tragically enough. I hope the since 1990; 140,000 people were employed priations Interior Subcommittee is Senate will stand up and say, no, we in that industry in 1990; there are 55,000 working to do that. The legislation we have reduced the timber sales in the today. Think of that tremendous flip- have here, which dramatically reduces United States by 70 percent, and that is flop. Many of those folks don’t have the overall programs in spending, is to enough. We have to cut some for health jobs yet. When you come to the public do that. Some instructive words are in reasons, to clean our forest floors, for lands-dependent communities and there. Even the amendment here, while our stewardship programs, for salvage counties of the West and some places in it is argued to do something different, purposes, get rid of the dead and dying the South and Southeast, the unem- actually goes out on the land to im- in the bug-infested forests that often- ployment today is not nearly at full prove existing roads and make them times breed the kind of death that employment as are most of our urban more environmentally sound. when the drought cycle comes and cre- communities. It is at 16 and 17-percent Now, it would be argued by some that ates the catastrophic fires we have unemployment. These are former these are going to be brand new roads seen through the Great Basin, in New loggers, men and women who made out through a pristine forest. That is Mexico and Arizona, which we will see their jobs in the logging industry—not really not true in about 99 percent of once again. This is what is at issue cutting trees, but working in sawmills the cases because the Forest Service is today. and selling the product. not opening up new land. They are I hope the Senate will agree with the So that is a snapshot of time. That going back now in the States of Or- chairman of the subcommittee, who has all happened since about 1989 to egon, Washington, and Idaho and recut- spent a great deal of time with those of S10796 CONGRESSIONAL RECORD — SENATE September 14, 1999 us who are committed to shaping pub- tant priorities such as restoring cuts in Once a pure pristine forest is cut, it lic policy on these most critical public the fish and wildlife program that were can never be regained in the beautiful land issues. I believe that is the sub- used to, in fact, fund this increase. form that it once was. Since those pris- stance of the amendments at hand. I People might ask why do we need tine areas in this country are fewer and know of no other way to tell about it this amendment? In my judgment, in- fewer now as we enter the third millen- or to understand it. So if you want to creasing the timber sales management nium, don’t we want to think about keep ratcheting down the cut to a zero budget can’t be justified either on eco- how much we want to expand the cut- amount on our public lands, then you nomic grounds or on environmental ting of our national forests? want to vote for Bryan-Wyden because grounds. Finally, one of the points I make is that is their answer. If you do that, we First, if I could speak for a moment that timber sales from timber har- will still build homes, but we will im- on the economic grounds, there have vested in our national forests represent port that lumber from Canada and Bra- been a variety of studies over the re- only a small portion of our Nation’s zil’s rain forests and from Argentina cent years that have been very critical timber supply. In fact, I am told—I and Venezuela and all the other areas of the country’s Timber Sales Manage- have seen estimates—that as low as 3.3 ment Program. All of the different re- and even Norway, strangely enough, percent of our timber comes from na- ports have suggested that the program but it will not be cut here. Hundreds of tional forests. We are in no way de- loses money. There have been different communities across this country will pendent on those national forests in studies. Some have suggested—in fact, die because they are dying now. It is order to meet our timber needs in this the Forest Service itself, I believe, es- country. In any case, this amendment just that we haven’t gone to their fu- timated its loss in fiscal year 1997 at does not cut that amount, whatever it nerals yet. The rest of these mills will $889 million. But other estimates by is; it says we are not going to expand close, and this country will not have other people using different accounting it. something it ought to have, which is a methods have suggested that the true In sum, I think this is a very well balanced, multiple-use, environ- net cash loss to the taxpayers could be balanced, moderate, measured amend- mentally sound stewardship program as much as $1.3 billion in fiscal year ment. I compliment Senator BRYAN, for its public lands, which includes 1997. You get different amounts depend- my colleague, and also Senator WYDEN some tree cutting where necessary and ing on which type of accounting you for their work on this. appropriate. would use to estimate the loss from the I retain the remainder of our time. I am proud to support this amend- Mr. FITZGERALD addressed the timber sales in this country. But what- ment. I support it with wholehearted Chair. ever the true number is, there is wide- enthusiasm. While I cannot claim to The PRESIDING OFFICER. The Sen- spread agreement that the program have the extent of beautiful national ator from Illinois is recognized. loses money and that it is a drain on forests in my great State of Illinois Mr. FITZGERALD. Mr. President, I the taxpayers. that some of my colleagues from the I have to ask why would we want to am proud to rise in support of the West may have, we have the Shawnee put more money into a program that Bryan amendment. In fact, I would like National Forest in southern Illinois. It to tell the body that I am a cosponsor by everybody’s measure loses money for the taxpayers? It doesn’t seem to is one of the most beautiful parts of of this amendment, the Bryan-Fitz- make sense economically. Also, envi- our State. It is something that is of gerald amendment. It is going to be ronmentally there are many arguments concern to people right in my State— second degreed with Senator WYDEN’s that appropriate management of our and that we have jobs in that area amendment. I continue to support the national forests and appropriate tar- down in southern Illinois. bill. I think it is a reasonable, mod- geted cuts may actually have a bene- I very much enjoyed spending 5 days erate approach. I have great respect for ficial effect over time. with my family in the Shawnee Na- my colleague from Idaho, Senator I have talked on several occasions to tional Forest about a year or so ago. CRAIG, and I am very impressed by his Senator CRAIG. I know he believes I am hoping we can go forward into concern for his State and the Forest strongly that the management of our the 21st century finding a way to make Service, for his knowledge of the area, forests is environmentally sound. I sure we have an ample supply of timber and for the jobs that are in the timber would simply point out we are not cur- in this country but at the same time industry in this country. But I think it tailing all timber sales. We are pre- preserving some of the pristine natural is important to notice that this is a serving the status quo in timber sales areas in this country—that we don’t go very moderate amendment. in this country. This amendment does too far in either direction. It does not end timber sales in this not go so far as to end timber sales. It This is a very well-balanced amend- country. In fact, it simply cuts back an funds them at roughly the same level ment. I am pleased to support it. increase that the Appropriations Com- they were funded last year. But we are Mr. President, I yield the floor. mittee added to the Forest Service’s not going to increase it. The PRESIDING OFFICER. The Sen- Timber Sales Management Program— Obviously, from an environmental ator from Washington. an increase that went $32 million be- standpoint, the timber sales in this Mr. GORTON. Mr. President, in fiscal yond what the Forest Service chief re- country are very controversial, par- year 1990, the Forest Service sold 11 quested, what the administration re- ticularly where you have an old-growth billion board feet of timber for harvest quested. forest. Forests once cut come back. and for productive use. For the last 2 This bill simply funds the Timber They grow back. But they never quite years, we have authorized through our Sales Management Program at the grow back in the same way in the same appropriations 3.6 billion board feet of very same amount that the Forest original pristine state that they once harvest. The administration proposed Service has requested. were. in its budget for this year 3.2 billion, a With all due respect, I have to say Over the August recess, I had the oc- further reduction, and a reduction from that many of the horror stories we casion to vacation in northern Wis- 1990 of 71 percent, as my colleague from heard on the floor last night and this consin, in an area that was in the mid- Idaho pointed out. morning about what effect this would dle of a State forest in Wisconsin. That Peculiarly, or interestingly enough, have on timber sales and logging in whole area, as I understood it from the Forest Service in its actual Na- this country are not true. It is also a reading the history of the region, was tional Forest Land Management Plan very fiscally conservative approach. Of completely clearcut in the late 1890s. allows for a harvest of about twice this the $32 million that the Appropriations In the intervening 100 years, the forest amount. It is only the appropriations Committee gave to the Forest Service has grown back. But I read a study of level recommended by the administra- budget beyond what the Forest Service the forest which showed that it didn’t tion, and for that matter by this Con- requested, we are going to apply $10 come back in the same way. There gress, that has the level almost 50 per- million to reduce our national debt—to were different trees that came back. In cent below what the Forest Service pay down that important debt we are fact, some of the more valuable trees plans say is both economically and en- trying to eliminate over time. The rest were not favored in that regrowth proc- vironmentally sustainable. of it we are applying for other impor- ess. That is the first peculiar argument. September 14, 1999 CONGRESSIONAL RECORD — SENATE S10797 Second, the committee bill does not There is no rational ground for either governments and industries to form increase the allowable harvest. It sim- the first-degree amendment or the sec- coalitions that they hope can help save ply allows the same harvest for next ond-degree amendment, except for the their schools while maintaining or im- year that appropriations bills passed proposition that we wish to drive as proving the forest ecosystems in which overwhelmingly by this body and quickly as we possibly can to a situa- they live. And yet, as quickly as they signed by the President have permitted tion in which there is no longer any rebuild, new attacks come to reduce or for the course of the last 2 years. harvest of timber products on the na- eliminate funding for the federal tim- The question is whether or not we tional forests or, for that matter, all of ber sale program. These attacks are should continue to move toward no the public lands of the United States. based on the concept that federal tim- harvest at all, as many of the national That is a conclusion and a goal that is ber sales are below-cost and economic environmental organizations rec- economically unsound, environ- boondoggles for the federal treasury. ommend, or whether we should con- mentally unsound in the United States, As a former accountant, I would like sider continuing the relatively modest bad for our balanced payments, and bad us to take a moment to look at this harvests that were promised by this for the management of forests and the program and to evaluate exactly what President and this administration at rest of the world whose products would is going on with our Federal Timber the beginning of his Presidency, most be substituted for our own if that goal Sale program. particularly in the Pacific Northwest. were reached. The first question we have to ask is: The Senator from Idaho pointed out I trust that sound judgment and wis- Does the federal timber sale program that this is not exclusively a North- dom will prevail and that both of these constitute a subsidy for the forest west issue; that it applies to forests in amendments will be rejected. products industry, or in other words, is other parts of the country, including I want to point out once again that the price paid for federal timber below the hardwood forests in the Northeast. The original Bryan amendment dis- the committee report, the Appropria- its actual market value? If federal timber contractors were to tributes this money relatively widely— tions Committee bill that is before the a fairly small percentage of the overall Senate, does not increase timber har- receive a special benefit and pay less Interior appropriations bill—including vests on public lands of the United money for the timber they harvest on a modest amount which simply is not States. It retains exactly the level they federal lands, then we could say that to be spent at all and will go to the na- were authorized for in the current year there is a subsidy. However, Federal tional debt. Most of that modest by the current appropriations bill, a timber is sold by means of a competi- amount, however, is taken up and level that the Senator from Idaho, I, tive bid system. As a result, these auc- spent by the Wyden second-degree and the junior Senator from Oregon be- tion sales are the most likely of any amendment that is to be directed at lieve already to be unwisely low. type of commercial transaction to gen- surveys of various species in the forests We did not come here with a con- erate the returns that meet or exceed of the Pacific Northwest. troversial point of view; we came here market value. Because timber sales are About those surveys, the Oregonian with essentially a freeze. We ask our designed to generate market value wrote an editorial 3 days ago. Three colleagues to support the committee in prices, we therefore must conclude that paragraphs of that editorial read as fol- that connection. there is no subsidy. lows: Mr. ENZI. Mr. President, I rise in op- Furthermore, the forest products in- Maybe now it is finally clear to the Clinton position to the amendment introduced dustry has been able to demonstrate administration that it is fiscally and prac- by the Senior Senator from Nevada time and time again that the benefits tically impossible to count every slug, every that would drastically cut funding for gained by the public through the Fed- lichen, every salamander that lives on every our schools and rural communities. eral timber sale program far outweigh timber sale on public forest land in the Over the past ten years the federal tim- the costs to the Federal treasury. Northwest. ber sale program has already declined Only twice in the history of the Fed- The surveys of rare species of animals and by more than 70 percent to an all-time, eral Timber sale program has the For- plants required in the Northwest Forest Plan are ‘‘technically impossible’’ and ‘‘prepos- post World War II low. This rapid de- est Service reported that the costs of terous,’’ in the words of the Society of Amer- cline has brought with it severe eco- operating the program has exceeded ican Foresters, a professional group holding nomic instability to resource depend- revenues, in the years 1996 and 1997. its national convention in Portland this ent communities in rural America. This sudden loss of revenues, however, week. . . The most visible victims have been has not occurred because timber sales Intentional or not, the survey requirement rural schools who were dependent on are not profitable. inserted into the Northwest Forest Plan has their share of the 25% payments they A quick breakdown of the timber sale proven to be a poison pill—a way to block all logging and prevent the plan from working received from the proceeds of timber program shows that commercial sales as it was designed. sales to fund such programs as, school still generate a profit for the federal That is the end of my quote from lunches, nurses, computers for the government. The Forest Products in- that editorial. classrooms, and just about any extra- dustry is still paying its share. The Wyden second-degree amend- curricular activity that you now see What has changed is the focus within ment wastes $10 million. It literally vanishing from America’s education the Forest Service to implement an in- wastes $10 million on surveys that are system. Some school districts have creased number of what is called stew- ‘‘impossible’’ according to the news- been forced to cut back to 4-day weeks, ardship sales, or timber sales designed paper, ‘‘preposterous’’ according to the others have been forced to lay off to improve forest health without nec- Society of American Farmers, and ‘‘a teachers, and others have dropped essarily harvesting merchantable tim- poison pill’’ for any timber sales what- courses, all in attempts to survive ber. These sales are not, and never ever. within diminishing budgets. have been intended to make a profit. Estimates made during the course of This instability has also impacted Because of this increased emphasis a debate last week on carrying out all the rest of the community. Increased on stewardship, there is now virtually of these surveys were somewhere be- unemployment has resulted in an in- no such thing as a purely commercial tween $5 billion and $9 billion—not the crease in domestic violence, family dis- timber sale on our National Forests. $10 million that is included in this location, substance abuse, and in- Almost every timber sale released by amendment. In other words, we are creased welfare rolls in rural counties the United States Forest Service now being asked by this amendment simply in all regions of the country. More and includes some form of stewardship ele- to throw away $10 million on useless more families and communities have ment that is intended solely for the surveys and at the same time to reduce been driven to live near or below the purpose of improving the health and further a timber sale program, a har- poverty level. fire resilience of our National Forests. vest, that is approximately half of Many local communities, however, In a sense we now have timber compa- what the Clinton Forest Service and its have begun working with their local nies paying for the privilege of improv- forest plans has said is environ- Forest Service offices to restore eco- ing forest health. As a result, our na- mentally and economically appropriate nomic equilibrium. They have joined tional timber sale program continues in the forests of the United States. with local environmentalists, local to be the single most effective tool of S10798 CONGRESSIONAL RECORD — SENATE September 14, 1999 the United States Forest Service for issue. This amendment reduces the money available for the road mainte- restoring health to our national for- amount of money allocated for the nance program. ests. And our national forests des- commercial timber sales program back In addition, they have cut substan- perately need help. to the amount the President rec- tial amounts of money out of the fish According the Forest Service’s own ommended in his budget and the Forest and wildlife accounts. records, more than 40 million acres of Service, the professional managers, Putting the National Forest System our national forest system currently recommended, which was $196 million. in some perspective, only 4 percent of exist under an extreme threat of de- That commercial timber program has the timber harvested in America comes struction by catastrophic wildfire. An been subject to much criticism over from the National Forest System. How- additional 26 million acres suffer from the years. It is, in my judgment, one of ever, it is not the only use that the na- threat of destruction as a result of dis- the vestiges of corporate welfare that tional forest has. The national forest, ease and insect infestation. Without still exists in the Congress of the as my colleague from Illinois noted in the National Timber Sale program to United States. Courageously, on a bi- citing his own personal experience, pro- thin out these forests and drastically partisan basis, both parties worked to vides an enormous recreational oppor- reduce the amount of combustible fuels reform the welfare system. We have al- tunity for millions of people. Yet the accumulating in our national forests I ready seen enormous benefits as a re- programs which they depend upon—the can guarantee you that when these for- sult of that bipartisan action. For rea- fish and wildlife accounts to make sure ests burn, not if they burn, but when sons that are not altogether clear to the habitat is there, that the fishery is they burn, habitat will be destroyed, me, we have had much less success in not devastated as a consequence of animals will be killed, water tables removing the vestiges of corporate wel- some of these practices—those ac- will be decimated, jobs will be lost, and fare. It is for that reason that such re- counts have been substantially re- more communities have to suffer the sponsible organizations as the Concord duced. The funding that goes to those pains of rebuilding after another eco- Coalition as well as the National Tax- accounts is an investment in the Na- nomic loss. payers Union are strongly in support of tion’s 63 million wildlife watchers, 14 Mr. President, it does not make sense the Bryan-Wyden-Fitzgerald amend- million hunters, and 35 million anglers to take money from our nation’s most ment. who spend approximately 127.6 million effective forest restoration program The commercial timber sales pro- activity days hunting, fishing, and ob- just to give it to another forest res- gram has been widely criticized be- serving fish and wildlife annually on toration program. The Timber Sale cause it is a subsidy. The Forest Serv- the national forests. Those who oppose the amendment Program is currently funded at a level ice itself has acknowledged that fact. have cited some of the economic cir- very close to last year—an appropriate In the most recent fiscal year in which cumstances that have affected the log- figure as we work to restore equi- data is available, they have acknowl- ging industry. Let me suggest with librium in rural economies. edged that it is an $88.6 million loss to great respect, those are consequences This bill, however, does not ignore the taxpayer. The General Accounting of changing technology. Those jobs, I the other restoration programs. Wher- Office, reviewing the data from 1992 to regret to say, will never come back be- ever possible we have increased funding 1997, concluded the American taxpayers cause we harvest differently. The tech- for watershed restoration, road mainte- have lost some $1.5 billion as a result of nology is more efficient. It is less man- nance, and fish and wildlife manage- this program. The Bryan-Wyden-Fitz- power intensive. ment and I hope that we can continue gerald amendment is an attempt to On the other hand, the moneys that to increase funding for these important bring some balance to the program. we invest in these programs that deal My friend from Idaho has suggested programs, but where we have limited with fish and wildlife directly result in that somehow this commercial sales resources, we need to spend our tax local community expenditures of bil- dollars in the most effective manner, program deals with forest manage- lions of dollars, in over 230,000 full-time which means continuing to support the ment. We should be candid: It deals equivalent jobs. timber sale program. with commercial sales. We are sub- One out of every three anglers fishes In closing Mr. President, I would like sidizing some of the largest logging the national forest waters nationally, to say that the goals of environmental companies in America. To do so, the and two out of three anglers in the protection and economic stability are appropriators, in changing the Presi- West fish the national forest waters. not mutually exclusive. We can save dent’s recommendation, have stripped So what my colleagues from Oregon our environment without sacrificing money from some of the most impor- and Illinois have put together is a care- rural America. tant accounts in the Forest Service. fully crafted balance: Maintain the The PRESIDING OFFICER (Mr. Regarding the road maintenance ac- timber harvest program at a $196 mil- CRAPO). The Senator from Nevada. count, we have in the neighborhood of lion level but do not increase it, be- Mr. BRYAN. Mr. President, how 380,000 miles of roads in the national cause of the massive subsidy involved much time remains for the proponents forests. That is more miles than we and the damage that has been done to of the amendment? have on the National Interstate High- the national forest system; put money The PRESIDING OFFICER. The pro- way System. Each one of those miles of back into the road maintenance ac- ponents have 12 minutes 43 seconds, new roads that are cut in requires a count to help address that backlog, and the opponents have 10 minutes 4 substantial amount of ongoing mainte- which is a major contributor to the en- seconds. nance to prevent environmental dam- vironmental degradation that the eco- Mr. BRYAN. I reserve 5 minutes. age. The Forest Service estimated it system, according to the National For- The PRESIDING OFFICER. The Sen- would require $431 million annually to est Service, is experiencing; restore ator is recognized. begin to address the environmental money to the fish and wildlife accounts Mr. BRYAN. Mr. President, let me consequences of some of these roads so we can help those who use the na- compliment the Senator from Oregon that have been cut through the na- tional forests for recreational purposes for his leadership in helping craft this tional forest. The backlog is some $3.85 and address their needs. very carefully balanced and I believe billion. Yet in the bill that the appro- I think as evidence of how balanced very modest amendment. Although the priators present to the floor, they have this effort is, the editorial support is Senator from Illinois has left the floor, stripped about $11.3 million out of this not confined to any particular region. I want to compliment him for the clar- road maintenance program. The Chattanooga Times expresses its ity of his comments. I think he has put From firsthand experience, based support for it, as does my own home- this debate in the proper context. upon our experience in Nevada and the town newspaper, the Las Vegas Sun, The Senator from Idaho has framed Tahoe Basin, that is a major contrib- the Pittsburgh Post Gazette, and the the issue as being for or against har- uting factor to erosion and degradation San Francisco Chronicle. All who vesting timber for commercial sales on of the ecosystem. Yet in terms of prior- looked at this recognize this subsidy the national forests. That is not the ities, the appropriators would set as a needs to be limited. What we have done issue before the Senate today. This priority increasing the timber sales is provide a carefully balanced re- amendment does not deal with that program and reducing the amount of sponse to that. I urge my colleagues to September 14, 1999 CONGRESSIONAL RECORD — SENATE S10799 support the Bryan-Wyden-Fitzgerald going to have to be fleshed out when forests. In Minnesota, the timber pro- amendment. the House and Senate go to a con- gram provided roughly $1.7 million to I yield the floor and reserve the re- ference committee. But this is the first counties and schools in 1998 alone. If mainder of our time. step to a fresh approach that links ade- the timber program would have met its The PRESIDING OFFICER. The Sen- quate funding for the necessary envi- allowable sale quantity in 1998, that ator from Oregon. ronmental work with accountability number would have risen to nearly $2.5 Mr. WYDEN. How much time re- that is long overdue at the Forest million. mains on our side? Service and a chance to meet the eco- I am fascinated by the claims of some The PRESIDING OFFICER. The Sen- nomic needs of the rural communities. of my colleagues that the timber pro- ator has 5 minutes 13 seconds. If all that was needed was what some gram is a subsidy to wealthy timber Mr. WYDEN. Mr. President, let me of my colleagues on the other side have and paper companies and the claims wrap up by saying that colleagues can called for, which is spending more that the timber program loses money see, year after year, this Congress has money on the timber sale program—we because we are giving timber away to increased funding for the timber sale would not have many of the problems these companies. If you truly believe program. You can see that pattern we are seeing today because year after that, I challenge you to visit northern since the late 1990s, going into this year this Congress has put more money Minnesota and speak with the families year. So all Senator BRYAN, Senator in the timber sale program. What we who have lost their mills and the FITZGERALD, and I are trying to say is need is what Senators BRYAN and FITZ- loggers who have lost their jobs. Talk that there is more to this question, GERALD and I have talked about on this to the counties and the private land- practicing sustainable forestry that floor, an effort to link the new focus on owners who cannot access to their own will be good for rural communities as accountability at the Forest Service property because the Forest Service relates to their economic needs and to with compliance with environmental doesn’t have enough money to do the their environmental needs—there is rules and sensitivity to economic con- environmental reviews. Or talk di- more to this than just throwing money cerns. rectly to the Forest Service personnel at the timber sale program. I urge my colleagues to support this and let them tell you how lengthy and If throwing money at the timber sale bipartisan amendment, and I yield the costly environmental reviews and the program was going to make things bet- floor. overwhelming number of court chal- ter, all of us in this body would have Mr. GRAMS. Mr. President, every lenges to those reviews is making the seen improvements over the last few year at this time it seems we are here timber program so costly. years. In fact, we have seen the prob- on the Senate floor debating another Then go speak with state or county lems get worse. The problems have attack on the Forest Service’s Timber land managers and ask them why their worsened in so many of these rural Management Program. Every year timber programs are so successful. Ask communities in both economics and those who wish to eliminate logging in them why their lands are so much the environment. our national forests come up with an- more healthy than the federal lands Much has been made of comments in other angle which they claim helps and why they’re able to make money our newspaper, the Oregonian, because protect the environment by elimi- with their timber programs. In Min- of the importance of the forest in the nating ‘‘wasteful’’ spending on logging nesota, St. Louis County only has to Pacific Northwest. The Oregonian, in practices. Every year people through- spend 26 cents in order to generate one their editorial pages, said: out northern Minnesota and forested dollar of revenue in their timber pro- What is needed is a carefully negotiated regions across the country see their gram and the State of Minnesota agreement on appropriate surveys for rare jobs and their livelihoods threatened in spends 75 cents to generate one dollar species and adequate funding to do them. the name of preservation or conserva- of revenue. The Superior National For- That is exactly what the Bryan-Fitz- tion. And every year, those of us who est, on the other hand, spends one dol- gerald-Wyden package does. For the represent the good people of the timber lar and three cents to get the same re- first time we link adequate funding for and paper industry in our states have sult. the timber sale program to specific re- to fight, scratch, and claw our way to I cannot see how my colleagues can quirements for accountability and a narrow victory that saves those jobs stand here on the Senate floor and tell oversight. Never before on the floor of and those families from economic ruin. me that the forest and paper industry the Senate have we made the judgment I come from a state in which the for- in our country, and its employees, are that is in the Bryan-Fitzgerald-Wyden est and paper industry is vital to our the bad guys. The forest and paper in- package that in fact the Forest Service economy. The reduction in the timber dustry in America employs over 1.5 really has lost direction in complying program on national forests has had a million people and ranks among the with a lot of these environmental con- dramatic impact over the past ten top ten manufacturing employers in 46 cerns. years on the number of jobs and the states. These are good, traditional jobs But we do not throw the environ- economic vitality of northern Min- that help a family make a living, allow mental laws in the garbage can. In- nesota. According to Minnesota Forest children to pursue higher education, stead, we have the important effort Industries (MFI), jobs provided by the help keep rural families in rural areas, that was launched by Senator ROBB timber program in Minnesota dropped and provide a legitimate tax base from and our good friend, Senator CLELAND, from over 1,900 in 1987 to less than 1,100 which rural counties can fund basic who is here this morning. At the same last year, and they continue to decline. services. These are jobs that we in Con- time, we agree with Senators CRAIG The reduction in timber harvests on gress should be working diligently not and GORTON that we do need to put this federal lands has had an equally dra- only to protect, but to grow. program on track. matic effect on unrealized economic Unfortunately, many Members of So I am very hopeful my colleagues impacts. MFI estimates that unrealized Congress who advocate these ideas on both sides of the aisle will see this economic benefits include over $10 mil- have never taken the time to under- as a practical approach, an approach lion from timber sales, $25 million in stand the positive economic and envi- that is sensitive to the economic needs federal taxes, $2.5 million in payments ronmental benefits of science-based of rural communities, an approach that to states, and $116 million in commu- timber harvests. They have never sat complies with the Nation’s environ- nity economic impact in Minnesota down with a county commissioner who mental laws and at the same time al- alone. does not know where he is going to get lows us to be a more effective steward It is important to point out that the the money for some of the most basic of resources for taxpayers in this coun- timber program in national forests has services the county provides to its citi- try. a very positive impact on the amount zens. They have never considered that This is not the end of the debate. Cer- of federal money that goes to rural for every 1 million board feet in timber tainly what the Oregonian called for counties and schools. Nationally, the harvest reductions in Minnesota, 10 recently—a negotiated agreement on program contributes $225 million to people lose their jobs and over $570,000 surveys to comply with the environ- counties and schools each year through in economic activity is lost. And they mental rules and adequate funding—is receipts from timber sales in national have never taken the time to go into a S10800 CONGRESSIONAL RECORD — SENATE September 14, 1999 healthy forest where prudent logging lion. Last year’s stewardship sales, the to school districts and counties for practices have been essential to ensur- kind that the Senator from Nevada is their roads and bridges. That is the re- ing the vitality and diversity of spe- talking about, for the purposes of for- ality of the money from the timber cies. est health, the kind that is going on in program. If Members of this body want to the Tahoe Basin, lost the Forest Serv- It is important to understand that make the timber program profitable ice $57.4 million. Those are the facts when we talk of allocating tax dollars across the country, then we should from the Forest Service. to the Forest Service, it is done for the have an honest debate about what It is understandable because when purpose of maintenance and of steward- works and does not work in the pro- you go in to clean up the dead and ship. All of these create a healthier, gram. We should discuss frankly the ri- dying and to improve the general more vibrant forest. diculous number of hoops public land health of the forested lands, you are That is largely the timber sale pro- managers have to jump through in dealing with a less valuable stick of gram today. It is not the large green- order to process a timber sale. I think timber. But the reality is that what cuts program of a decade ago. Still the we need to discuss the fact that under the Senator from Nevada advocates is, Senator from Nevada says that is too the Alaska National Interest Lands in fact, a losing proposition. But I sup- much and even used phrases like ‘‘cor- Conservation Act the federal govern- port stewardship, as does the Senator porate welfare’’ this morning. I do not ment must provide access across fed- from Nevada, because it improves the think he would say the companies that eral lands for state, county, and pri- forest health, it improves wildlife habi- are in the Tahoe Basin today, thinning vate landowners to access their land. tat, and water quality when it is prop- and taking out the dead and dying and Yet in Minnesota, those landowners ei- erly done. It is not a money-maker. It improving the forest health and ulti- ther have to wait a number of years or is something that will have to be sub- mately improving the water quality of pay for the environmental reviews sidized. that basin, are corporate welfare ba- themselves because the Forest Service Is the Senator from Nevada willing bies. They are industries hired by the claims it does not have enough money. to say that the company that does the Forest Service to improve the health of We should also discuss openly the dra- stewardship contract for the Forest the forest. matic impact court challenges are hav- Service is a subsidized business? He The Forest Service timber program ing on the ability of the Forest Service just finished talking about corporate generated $309 million in Federal taxes to do its job and to carry out the tim- welfare. Is that welfare or is that forest in 1997. This kind of significant eco- ber program in a cost-effective manner. health? Is that an environmentally nomic activity is only when we have a On top of that, it’s clear that under sound thing to do? I think we are get- viable timber program. We have re- this administration the Forest Service ting our facts a bit mixed up. duced it dramatically, the timber pro- does not want a timber program that The road maintenance program was gram contributed over $700 million in shows a profit and they have done an not slashed this year; $10 million was income taxes in 1992. Again, the Bryan effective job of using the powers of the added to it. The Senator from Nevada amendment will continue to reduce executive branch to vilify both the knows the President’s budget, when it that. We have already talked of the loss of timber program and the men and came to the Hill, was dead on arrival, jobs. One-half of the timber program is women of my state who rely upon that and we did not really consider any as- stewardship or personal use. Sales are program in order to meet their most pect of it. They wanted more money. used, again, for the purpose of main- They wanted $20 million. We gave them basic needs. taining or improving forest health— Virtually everyone in this body, in- $10 million. So the program was not thinning, cleaning, reducing the fire cluding this Senator, is committed to slashed; it was added to by $10 million hazards and the fuel loads. These types the protection of our environment and over last year’s level. It was reduced of sales are always, as I have just said, to the conservation of our wildlife spe- from the President’s recommendation. marginally profitable, some of them cies and wildlife habitat. I believe we I believe that shapes the reality of the not, but they are done as part of the re- can expand upon our commitment to facts a bit differently. sponsibility of the Forest Service to wildlife and provide additional re- Let me talk a little more about facts. progressively improve the general The Forest Service timber program sources for habitat protection. But I do health of our forested lands. not believe we must do so on the backs generated directly for personal and We know that Mother Nature, left to of timber and paper workers through- business incomes this last year over $2 her own decisions in forest manage- out the nation. I am willing to work billion. Personal and business income ment, takes a lightning strike where with anybody in this chamber towards from the timber program has dropped she takes it and oftentimes burns down those conservation efforts, but let’s not by almost $5 billion since 1991, for the hundreds of thousands of acres, de- do it by pitting timber and paper work- very reasons we have given, because stroying habitat and dramatically im- ers against conservationists. the Forest Service has reduced its pro- pairing water quality in that imme- We cannot simply stand here and gram by 70 percent. We are dealing diate area for several years to come. claim that the Bryan amendment is an with less than the 30 percent that re- We know that the hand of man, prop- easy way to throw some money to- mains, and even that produces an in- erly directed, can assist in improving wards the preservation of public land. come for working men and women and the forest health, and that is exactly Rather, this amendment is going to businesses of around $2 billion. what many of our programs are about take jobs from my constituents and The amendment will continue to re- today. hurt the economy of the northern part duce this. There is no question because The amendment will penalize the of my state. The Bryan amendment is you are not going to have the money to Forest Service timber program by re- just one more step down the road to- do the studies, to do the EISs, to ducing activities that are improving ward eliminating logging on federal produce the sales, and to recondition the health that I have talked about and land. This amendment is going to re- the roads necessary to gain access to the ecosystems about which all of us duce the ability of a number of rural that timber. There are over 50 timber- are concerned. At the same time, the counties in my state to make ends dependent communities that each re- amendment will throw a monkey meet and to provide necessary services ceive over $10 million of personal and wrench into a program that is already to residents. Those are just a few of the business income from the forest timber in trouble and will not contribute in- realities of the Bryan amendment and program. There are almost 150 counties creased dollars to the coffers of the just a few of the reasons why I cannot that each receive over $1 million. This Public Treasury. and will not support its passage. income is at risk with the Bryan Those are the general issues at hand. Mr. CRAIG. Mr. President, I want to amendment—no question about it—be- Mr. President, how much time re- at least try to shape for the RECORD cause he continues to reduce the pro- mains? some of the facts and statistics that gram. The PRESIDING OFFICER. The Sen- have just been brought out. Last year, The timber sales program generated ator has 2 minutes 45 seconds. commercial sales of logs by the Forest $577 million in revenue to the Govern- Mr. CRAIG. I was just informed, and Service produced a profit of $14.7 mil- ment and returned $220 million directly I think it is reasonable, Mr. President, September 14, 1999 CONGRESSIONAL RECORD — SENATE S10801 to suggest if Hurricane Floyd sweeps Roth Schumer Torricelli time and advise the Members when up the coast and destroys some of our Sarbanes Specter Wyden that will be. timberlands in the next few days, we NOT VOTING—3 When that is complete, it is our in- are going to have the President come Graham Gregg McCain tent to go to the Transportation appro- to us asking for emergency moneys in The motion was agreed to. priations bill. I have discussed this these areas to clean up the dead and Mr. CRAIG. Mr. President, I move to with the Democratic leader. We are in dying trees in some of those areas, and reconsider the vote. agreement on that. We will do this res- yet here we are trying to cut it at this Mr. GORTON. I move to lay that mo- olution and a vote, and then we will go moment. I guess we will have to wait tion on the table. to the Transportation appropriations and see about Hurricane Floyd and for- The motion to lay on the table was bill and complete that as soon as we est health. agreed to. can. That could be tonight or tomor- I yield the floor and retain the re- Mr. CRAIG. I suggest the absence of row night but however long it takes. mainder of my time. a quorum. Then we will come back and wrap up Mr. BRYAN. Mr. President, how The PRESIDING OFFICER (Mr. the Interior appropriations bill. That much time remains? ENZI). The clerk will call the roll. will be determined at a time we will The PRESIDING OFFICER. The pro- The legislative assistant proceeded notify the Members of, after we have ponents of the amendment have 58 sec- to call the roll. had further discussion with the Demo- onds. The opponents of the amendment Mr. LOTT. Mr. President, I ask unan- crats and the manager of bill. have 2 minutes 1 second. imous consent that the order for the Mrs. BOXER. Will the Senator yield? Mr. BRYAN. Mr. President, I am pre- quorum call be rescinded. Mr. LOTT. I yield. Mrs. BOXER. Mr. President, I under- pared to yield back the remainder of The PRESIDING OFFICER. Without stand that Senator HUTCHISON wants the time remaining on my side if my objection, it is so ordered. everyone here to vote on the cloture. I colleague from Idaho is prepared to do f the same. totally understand. We have decided, Mr. CRAIG. I am, Mr. President. I UNANIMOUS CONSENT and I totally agree with this, because yield back the remainder of my time. I AGREEMENT—S.J. RES. 33 of illness in Senator GREGG’s family, move to table amendment No. 1588 and that we are going to wait for him to Mr. LOTT. Mr. President, for the in- come back. I wish my best to the fam- ask for the yeas and nays. formation of all Senators, I have a The PRESIDING OFFICER. Is there a ily and my prayers. I know everyone unanimous consent request, and then I feels that way. sufficient second? will go over the schedule as it appears There appears to be a sufficient sec- I have no objection to that, and I to be at this time. want to cooperate on that. ond. I ask unanimous consent the text of The yeas and nays were ordered. Mr. LOTT. I thank the Senator from S.J. Res. 33 be modified with the California for her comments and her The PRESIDING OFFICER. The changes I now send to the desk, and I question is on agreeing to the motion willingness to do that. I don’t make ask consent that no amendments or that sort of request ordinarily, but to table amendment No. 1588. The yeas motions be in order and debate be lim- and nays have been ordered. The clerk Members have extraordinarily difficult ited to 2 hours equally divided between problems in their families and we have will call the roll. the two leaders or their designees at a The legislative assistant called the to try to be cooperative. We thank Sen- time to be determined by the leaders. ators for doing that. roll. I ask that a vote occur on adoption of Mr. NICKLES. I announce that the I yield the floor. the joint resolution at a time to be de- The PRESIDING OFFICER. Under Senator from Arizona (Mr. MCCAIN) termined by the majority leader, after and the Senator from New Hampshire the previous unanimous consent, the agreement with the Democratic leader, Senator from Wisconsin is recognized (Mr. GREGG) are necessarily absent. but no later than close of business on Mr. REID. I announce that the Sen- for up to 20 minutes. Tuesday September 14, 1999. Mr. FEINGOLD. Mr. President, I ator from Florida (Mr. GRAHAM) is nec- The PRESIDING OFFICER. Without essarily absent. thank the majority leader for the op- objection, it is so ordered. portunity to address this issue at this The result was announced—yeas 54, Mr. FEINGOLD. Reserving the right nays 43, as follows: time. to object, I hope to have an oppor- f [Rollcall Vote No. 272 Leg.] tunity to address the situation in East YEAS—54 Timor. I ask that prior to the time pe- STEMMING THE TIDE OF Abraham Enzi Mack riod the majority leader laid out, I VIOLENCE IN EAST TIMOR Allard Frist McConnell have an opportunity to speak in morn- Mr. FEINGOLD. Mr. President, I rise Ashcroft Gorton Murkowski ing business for about 20 minutes re- Baucus Gramm Nickles today to discuss the tumultuous events Bennett Grams Roberts garding that situation. that have unfolded in East Timor since Bond Grassley Santorum Mr. LOTT. I have no objection. the August 30 ballot to determine the Breaux Hagel Sessions The PRESIDING OFFICER. Without territory’s political future, and to Bunning Hatch Shelby Burns Helms Smith (NH) objection, it is so ordered. state clearly what the United States is Byrd Hutchinson Smith (OR) f and should be doing in response to this Campbell Hutchison Snowe crisis. Cochran Inhofe Stevens ORDER OF BUSINESS Collins Johnson Thomas How can anyone not be horrified at Coverdell Kyl Thompson Mr. LOTT. Mr. President, let me ex- the blind eye that the Indonesian gov- Craig Landrieu Thurmond plain where we are. Except for some ernment has turned to the unchecked Crapo Lincoln Voinovich wrap-up time and another vote on the violence and mass murder being per- Daschle Lott Warner Domenici Lugar Wellstone Hutchison amendment, I believe we are petrated in East Timor by anti-inde- about ready to conclude the Interior pendence militias—violence that even NAYS—43 appropriations. It will take some time today is blatantly supported by ele- Akaka Durbin Lautenberg to do wrap-up. As I understand it, there ments of the Indonesian army. Bayh Edwards Leahy Biden Feingold Levin could be as many as two more votes in In just one week, since the ballot’s Bingaman Feinstein Lieberman addition to final passage. results were announced on September Boxer Fitzgerald Mikulski After the presentation by the Sen- 4, the militias have driven out or Brownback Harkin Moynihan Bryan Hollings ator from Wisconsin on East Timor, we slaughtered nearly the entire popu- Murray are going to go to S.J. Res. 33 with re- lation of the capital city of Dili. East Chafee Inouye Reed Cleland Jeffords Reid gard to the Puerto Rican terrorists. Timor is dotted with villages and cities Conrad Kennedy Robb There will be a vote on that resolution that have become virtual ghost towns DeWine Kerrey Rockefeller Dodd Kerry sometime this afternoon but not before in a matter of days. Many of the people Dorgan Kohl 2:15 or 2:30. We will work on a specific that have been driven out have been S10802 CONGRESSIONAL RECORD — SENATE September 14, 1999 forced into militia-run refugee camps ated most of its personnel and the refu- President Habibie must cooperate fully in West Timor. Mr. President, these in- gees remained in the compound to Aus- with the deployment and must not nocent civilians are unprotected tar- tralia. interfere in the operations of this gets for a group of thugs who are will- The boldness of the militias, and the peacekeeping force. They must allow ing to obliterate East Timor com- complicity of the Indonesian army, and the force to deploy quickly, restore pletely rather than allow it to start apparently members of the Habibie order, and help the East Timorese peo- down the road to the independence government, is astounding. I am truly ple to regain a semblance of security in more than 78 percent of its people shocked by the total impotence or in- their own homes and some hope of ac- voted for on August 30. action of the Indonesian government tually realizing the aspirations mani- The message of the militias is clear: over the last two weeks. President fest in the results of the August 30 bal- if Indonesia can’t have East Timor, Habibie promised the United Nations, lot. there will be no East Timor worth hav- the international community, and— I understand that Indonesian Foreign ing for the East Timorese. most importantly—the people of East Minister Alatas continues meeting in Cities are in flames and militia mem- Timor, that he would ensure a secure New York today along with officials bers are stealing anything of value environment in the territory and that from Australia, to discuss the details that they have not destroyed. Church- the wishes of the Indonesian people of the Security Council mandate for es, usually recognized as places of sanc- would be respected. Neither has hap- the peacekeeping mission. One of those tuary—even by combatants during pened. details clearly is to determine the com- war—have been burned with refugees Some argue that Habibie may be un- position of this international force and still inside. Mr. President, this is lit- able to stop the violence. Others say he the role of the Indonesians themselves erally a scorched earth policy. It is like is unwilling. His level of control over in such a deployment. Another should few of even the worst episodes we have the army, which he did not consult be to lay the groundwork for investiga- seen in the often bloody 20th century. prior to agreeing to the U.N.-super- tions into the crimes that have taken No segment of the pro-independence vised ballot on the future of East place in East Timor, including proce- population in East Timor has escaped Timor, is, of course, a subject of a lot dures to begin to collect evidence for the wrath of the militias. Religious of debate. Whatever the case, Habibie future prosecutions. Nobel laureates Jose Ramos Horta leaders, foreigners, and the families of has not made any compelling strong and Bishop Carlos Belo have called for activists have been especially targeted statements condemning this violence, the immediate formation of a war for summary execution. At least 20 and has made no attempt to reign in crimes tribunal to investigate and priests and nuns across East Timor the army personnel who are partici- prosecute those responsible for these have been murdered. Three of the pating in this rampage. vicious crimes. That tribunal should be priests were among approximately 100 I am also disturbed by the inaction of formed at the earliest possible date. To Timorese victims killed in a brutal the head of the Indonesian military, achieve that goal, the immediate pri- grenade attack on the town of Suai. General Wiranto. This past weekend, ority of the international community Women, children, and the elderly have Wiranto implied that he may not have should be to get the peacekeeping been massacred. Members of the United control of all of his forces. On Satur- forces deployed to gain control of the Nations Assistance Mission to East day, he accompanied a delegation from situation and prevent any further Timor (UNAMET) have been targeted, the United Nations Security Council to bloodshed, and to allow the Timorese as have foreign journalists who are try- Dili, and he saw for what he said was that have fled to return home. ing to cover the atrocities. the first time the devastation in that The mandate for the peacekeeping The leaders of the Timorese inde- city. Soon after this visit, he said he mission should also be clear about the pendence movement and their families would recommend that President rules of engagement for disarming and are especially vulnerable to attack. Habibie accept an international peace- detaining members of the militias. Early last week, the Indonesian gov- keeping force. Some militia leaders have said that ernment released independence leader Finally, under considerable pressure they will not disarm. This volatile sit- and political prisoner Xanana Gusmao from the international community, and uation poses a grave risk to the peace- from jail in Jakarta. On Friday, he with the support of General Wiranto keepers, and must be dealt with care- learned that his 82-year-old father had and the head of the Indonesian police, fully and expeditiously. likely been murdered by pro-Jakarta Habibie announced early Sunday that Second, we must quickly and con- thugs, and that his elderly mother is his government would allow inter- cisely define the scope of the U.S. role missing. national peacekeepers, led by Aus- in this peacekeeping mission. I am Last week, the United Nations evacu- tralia, to come to East Timor to re- pleased that Australia has come for- ated most of its personnel to Australia. store order and stop the violent ram- ward to take the lead on this peace- About 80 brave UNAMET personnel page of the militias. But, as is often keeping mission in East Timor, and elected to stay in East Timor to try to the case in clashes such as this, his an- that other countries in the region have protect the approximately 1300 East nouncement, while welcome, came too offered to contribute troops to this ef- Timorese who remained huddled behind late for those Timorese murdered by fort. It is my general belief that peace- the compound’s barbed wire fences. the militias and those hiding in the keeping operations should be led by They remained barricaded in what was hills who have been forever scarred by countries in the region where the con- left of the UNAMET headquarters for the violence and impoverished by the flict is occurring. I am also troubled by about a week with little, if any, power, destruction that has been leveled some word this morning that the Indo- water, or working telecommunications against the democratic aspirations of nesian government is perhaps balking lines. Militia members have repeatedly the people of East Timor. at the idea of Australia leading this fired into the compound. Now that the international commu- mission—which I think is very appro- On Friday, some of the Timorese, in- nity has reached this critical point in priate, that Australia do so. cluding women and children, desperate the transition of the political future of The militia-led violence, and the bla- to escape the violence, climbed the East Timor, Mr. President, here, I tant collusion of the Indonesian mili- razor-sharp fence separating them from think, are the steps that must be taken tary in the commission of that vio- the armed thugs and attempted to find next. lence, is a direct slap at rule of law and refuge in the hills behind the UNAMET First and foremost, the international the protection for the right to self-de- mission. They were fired on by the mi- peacekeeping force must be deployed at termination in international law and litias as they tried to escape. The un- the earliest possible date. I am very supported by the United Nations. I armed UNAMET personnel were power- concerned at the words of delay coming hope that any participation by the In- less to help and could only watch in out of Jakarta this morning. donesian military in this peacekeeping horror as those they had come to help I deeply regret that it took President force will be scrutinized. Those who were shot down by ruthless opponents Habibie so long to recognize the need helped perpetrate the violence must of justice, self-determination, and the for international assistance. Now, the not be placed in positions of trust with- rule of law. Yesterday, the U.N. evacu- Indonesian government, military, and in this operation. September 14, 1999 CONGRESSIONAL RECORD — SENATE S10803 I will say more about my views with peacekeeping troops, humanitarian policy framework to address this cru- respect to U.S. involvement in this workers, and war crimes investigators. cial question. But the question will peacekeeping operation in a few The anti-independence movement can- continue to arise and will do so with minute. not be allowed to block access to any increasing frequency. Third, the international community part of East Timor. In addition, hu- In my view, the legal case for inter- must keep the pressure on the Indo- manitarian workers should also be al- national intervention in East Timor is nesian government. I am pleased that lowed full access to the refugee camps more compelling than the situation in the President of our country made a in West Timor. The nations of the Kosovo because of the long-standing decision I have advocated for some international peacekeeping force must legal disputes over the political status time to suspend military-to-military make clear that no such interference of the territory, as well as the clear ex- activities with Indonesia. I am also en- will be tolerated. pression for self-determination by the couraged that this decision includes People are dying. Women and chil- people of East Timor on August 30. The halting all new military sales to that dren are being slaughtered while the people of East Timor cast their votes country. I hope that the President will politicians try to leverage the situa- in a ballot sanctioned by the Indo- expand this decision to immediately tion to their advantage. President nesian government and supervised by halt any sales currently in the pipe- Habibie has a chance to do what is the United Nations. line. If we are to be taken seriously by right for his people, and the East The East Timorese were promised a the Indonesian government, those sales Timorese people, before he leaves of- secure environment in which to express must also be included. And these bene- fice. The way to salvage what is left of their honest views about the political fits should not be reinstated until spe- Indonesia’s shredded international rep- future of their homeland. Instead, they cific steps have been taken to imple- utation is to allow international peace- had to endure intimidation by armed ment the results of the August 30 bal- keepers to deploy rapidly into East thugs supported by the army and by lot. Timor to stop this senseless bloodshed. elements of the government that had I have heard many observers argue Let me say another word about the sworn to protect them and to respect that Indonesia is too important finan- U.S. role in this peacekeeping mission. their wishes. Yet miraculously almost cially to the United States and other As many of my colleagues know, I have 99 percent of registered voters went to countries to risk angering Jakarta. I been a vocal opponent of U.S. deploy- the polls, bringing along their courage would argue that no amount of trade is ments to such places as Bosnia and and a commitment to freedom. And worth East Timorese lives. If we truly Kosovo. While I support the concept of then when the militias began a mur- are to support Indonesia in its transi- an international peacekeeping force led derous rampage, the government did tion to true democracy, we must insist by countries from the region, it is my nothing. They would not grant the that the violence stop, and we must use strong preference as it was in those international community the power to every cent of our economic leverage to cases that U.S. troops on the ground in act. do so. East Timor not be a significant part of So again, Mr. President, let me reit- Last week I introduced a bill, S. 1568, this peacekeeping mission. Our troops erate my view of the next crucial steps that would suspend all military and are currently overextended in open- that must be taken in East Timor. most economic assistance to Indonesia ended commitments in such places as An international peacekeeping force until steps have been taken to imple- Bosnia, Kosovo, and Saudi Arabia. We must be deployed as rapidly as pos- ment the August 30 ballot. I am pleased should do whatever we can to limit our sible. that the Administration has suspended involvement in these places and be We must quickly and concisely define some military aid. It is now imperative very hesitant to get deeply involved in the scope of a limited U.S. role in the that we keep the pressure on by refus- any new missions of this sort. peacekeeping mission. ing to reinstate that aid—and by That said, however, I am open to sup- The international community must threatening to suspend all other aid— porting a request to the Congress from keep the pressure on the Indonesian until the results of the August 30 ballot the Administration for U.S. financial, government, and the peacekeepers, hu- are implemented. My bill would sus- diplomatic, communications, and manitarian workers, and war crimes pend new assistance and sales as well logistical support for an international investigators must be allowed full ac- as those loans and purchases currently peacekeeping mission to East Timor cess to East Timor. And it all must in the pipeline. In order to be effective, that is led by countries in the region. happen as soon as possible. Thousands we must stop all aid in its tracks, not The Administration must continue to of lives and the legitimate hopes of a just new aid. We should also call on our consult closely with the Congress prior people hang in the balance. allies to do the same. The recent finan- to making any commitment to assist I ask unanimous consent that an edi- cial troubles in Asia have made Indo- with such a peacekeeping mission. torial from today’s New York Times nesia dependent on bilateral and multi- I believe strongly that the United entitled ‘‘Effective Force for East lateral assistance. We should use that States must develop criteria for decid- Timor’’ be printed in the RECORD. dependence as leverage to ensure that ing whether and where and how deeply There being no objection, the mate- the Indonesian government lives up to to get involved in peacekeeping mis- rial was ordered to be printed in the its commitments in East Timor, in- sions abroad. Our men and women in RECORD, as follows: cluding its newly announced willing- uniform and their families deserve to AN EFFECTIVE FORCE FOR EAST TIMOR ness to admit a peacekeeping force into understand the dangers of proposed ‘‘We cannot wait any longer,’’ Indonesia’s East Timor. missions and to be given a good-faith President, B.J. Habibie, said on Sunday. ‘‘We In that regard, I am pleased that the estimate of their length. have to stop the suffering and mourning im- European Union yesterday announced As my colleagues know, I oppose our mediately.’’ With those words, Mr. Habibie that it has suspended all arms sales continuing involvement in the Bal- bowed to world opinion and agreed to allow and military cooperation with Indo- kans. The Administration argued that international peacekeepers into East Timor. our action against the Federal Repub- But important, questions remain about nesia. when—and with what powers—the force will That welcome development makes it lic of Yugoslavia was necessary for hu- go in. The international community needs to all the more important that we con- manitarian reasons. The trouble I have maintain political and financial pressure on tinue to push for passage of our legisla- with our operations in Kosovo is that Indonesia to accept a force large and power- tion to suspend assistance. We must we have not shown the same willing- ful enough to protect East Timor’s people— continue to apply the financial pres- ness to intervene outside of our hemi- and to do so immediately, before thousands sure provided for in this bill so that the sphere to places like Rwanda and East more are killed. Indonesians will understand the con- Timor. What constitutes a humani- Militias created and backed by Indonesia’s tarian tragedy that warrants involve- military have been rampaging in East Timor tinuing U.S. resolve to see justice done for months, but the violence dramatically in East Timor. ment by the United States military? worsened after an Aug. 30 vote that over- Finally, the United Nations mandate The answer to that questions seems to whelmingly supported independence for the for this peacekeeping mission should change frequently under the current disputed province, which Indonesia invaded include full access to East Timor for policy. I am affraid we really have no and swallowed in 1975. The militias have set S10804 CONGRESSIONAL RECORD — SENATE September 14, 1999 fire to much of the territory and killed per- Mr. COVERDELL. Mr. President, New York Detective Senft, former New haps thousands of people, many of them the parliamentary inquiry. It is my under- York Detective Pastorella, the presi- pro-independence intelligentsia. Others have standing that we are now on S.J. Res. dent of the Fraternal Order of Police, been rounded up and taken to West Timor, and tens of thousands have fled to the moun- 33. Mr. Gallegos, and a son of one of the tains, where they are in danger of starving. The PRESIDING OFFICER. Yes. By victims of the New York bombing at a Mr. Habibie’s announcement that he would unanimous consent, there are 2 hours restaurant, Fraunces Tavern, in New accept an international force took consider- of debate on S.J. Res. 33 equally di- York, Mr. Connor. able political courage, as the idea is hugely vided between the two leaders or their It was a very moving hearing. The unpopular with Indonesians and especially designees. two detectives, one of whom, in the with its powerful military establishment. He Mr. COVERDELL. Mr. President, I bombing in New York by this organiza- agreed after several countries began to cut want to read the resolution to open off joint training exercises, as well as mili- tion, has lost permanent sight in one tary aid and sales, and important donors and this discussion. It is a joint resolution eye, some 60 percent of his hearing, and the International Monetary Fund and World deploring the actions of President Clin- has gone through, I guess, some 16 re- Bank suggested that they would condition ton regarding granting clemency to constructive operations. The other de- further assistance on Indonesia’s perform- FALN terrorists: tective is permanently blind and has ance in East Timor. Whereas the Armed Forces of National Lib- lost the majority of his right hand. The peacekeeping force, which requires the eration (the FALN) is a militant terrorist or- They made rather poignant state- blessing of the United Nations Security ganization that claims responsibility for the Council, would be organized and led by Aus- ments. They said that there would be bombings of approximately 130 civilian, po- no pardon for what they had suffered; tralia. Australian officials say they will pro- litical, and military sites throughout the vide about 4,500 of the anticipated 7,000 United States; there would be no clemency; that troops needed if Indonesia’s military in East Whereas its reign of terror resulted in 6 theirs were life sentences. Both nearly Timor is cooperative. They say they can get deaths and the permanent maiming of dozens lost their lives. One still has metal par- 2,000 troops to East Timor within 72 hours of of others, including law enforcement offi- ticles in his stomach and shoulders United Nations approval. cials; from the bombing. President Clinton says that Washington Whereas 16 members of the FALN were Mr. Connor, very movingly, talked does not anticipate providing ground troops tried for numerous felonies against the about the notice that he and his moth- for the mission, but that American support United States, including seditious con- forces would assist with logistics, intel- spiracy; er received on his 9th birthday that ligence, airlift and coordination. Australia Whereas at their trials, none of the 16 de- their father, an innocent 33-year-old, has maintained that American expertise is fendants contested any of the evidence pre- who had taken a client to lunch, had needed for these tasks, and this is an appro- sented by the United States; died in the bombing. priate role for the United States. Whereas at their trials none expressed re- It was sort of interesting; Detective Yesterday the Security Council met to morse for their actions; Senft, 2 years ago, began writing the hear a chilling report from a delegation of I am going to repeat that clause, Mr. President about this matter, to which U.N. ambassadors that had just returned President: from East Timor, and to begin to negotiate there has been no response. Several of the details of the force. Happily, Indonesia Whereas at their trials none expressed re- the witnesses talked about having has retreated from earlier statements that morse for their actions; written the Attorney General and the the unit should contain only Asians. The Whereas all were subsequently convicted White House, with no response. To me, world needs to keep up the economic and dip- and sentenced to prison for terms up to 90 it is hard to imagine that such a letter lomatic pressure to convince Mr. Habibie years; Whereas not a single act of terrorism has would come to the White House or to that the force must be able to detain militia the Attorney General and not be re- members or Indonesian soldiers who ter- been attributed to the FALN since the im- rorize the population or menace peace- prisonment of the 16 terrorists; sponded to. Whereas no petitions for clemency were keepers. Lieutenant Senft over 2 years ago President Habibie has already agreed to a made by these terrorists, but other persons wrote and has yet to receive a re- commission to look into human rights viola- sought such clemency for them; sponse. Mr. Connor cited current law Whereas on August 11, 1999, President Wil- tions. Those investigators must be able to liam Jefferson Clinton offered conditional which requires that victims are to be work freely. Most crucial, Mr. Habibie can- clemency to these 16 terrorists, all of whom notified of the release of prisoners in not be permitted to stall. There will soon be have served less than 20 years in prison; cases in which they were involved. nothing left of East Timor to save. Whereas the Federal Bureau of Investiga- None—neither of the detectives nor Mr. FEINGOLD. I, again, thank the tion, the Federal Bureau of Prisons, and 2 the Connor family—have been notified majority leader for the opportunity to United States Attorneys all reportedly ad- at all. address this matter at this time, and I vised the President not to grant leniency to One of the concerns that came out of yield the floor. the 16 terrorists; the hearing was to embrace these ques- Whereas the State Department in 1998 reit- f erated two long-standing tenets of counter tions so our committee, and the Judici- DEPLORING THE ACTIONS OF terrorism policy that the United States will: ary Committee, can make appropriate PRESIDENT CLINTON REGARD- ‘‘(1) make no concessions to terrorists and inquiries as to what was done to advise ING GRANTING CLEMENCY TO strike no deals’’; and ‘‘(2) bring terrorists to these individuals. In the hearing they FALN TERRORISTS justice for their crimes’’; pointed out that the clemency advo- Whereas the President’s offer of clemency cates have had numerous meetings The PRESIDING OFFICER. Under to the FALN terrorists violates longstanding with the Attorney General’s Office and the previous order, the clerk will re- tenets of United States counterterrorism policy; and others in the Government, but those port S.J. Res. 33. who would oppose it have had none, The legislative clerk read as follows: Whereas the release of terrorists is an af- front to the rule of law, the victims and and requests to have these meetings A joint resolution (S.J. Res. 33), as modi- their families, and every American who be- have gone without response. fied, deploring the actions of President Clin- lieves that violent acts must be punished to ton regarding granting clemency to FALN The representative of the Federal Bu- the fullest extent of the law: Now, therefore, terrorists. reau of Investigation, who was to have be it testified on behalf of the Government The Senate proceeded to consider the Resolved by the Senate and House of Rep- joint resolution. resentatives of the United States of America in to try to explain how this policy would Mr. FEINGOLD. Mr. President, I sug- Congress assembled, That making concessions not be incongruous with Federal policy gest the absence of a quorum. to terrorists is deplorable and that President with regard to the handling of terror- The PRESIDING OFFICER. The Clinton should not have granted clemency to ists, at 9:30 last night, notified the clerk will call the roll. the FALN terrorists. committee they would not testify, that The bill clerk proceeded to call the I commend the House of Representa- they had been instructed not to testify roll. tives. It has already passed House Con- by the White House. Mr. COVERDELL. Mr. President, I gressional Resolution 180: 311 voting So the inquiries over the last 2 weeks ask unanimous consent that the order aye, 41 voting no, and, in an unprece- to give the administration an oppor- for the quorum call be rescinded. dented act, 72 voting ‘‘present.’’ tunity to air their view of this cir- The PRESIDING OFFICER. Without I conducted a hearing this morning, cumstance and how it interacted with objection, it is so ordered. the witnesses of which were former U.S. policy with regard to terrorism September 14, 1999 CONGRESSIONAL RECORD — SENATE S10805 went unheeded, and neither the State CONRAD is here on the Democratic side; committee for holding his hearing. I Department nor the Justice Depart- he would like to speak for 10 minutes. indicate again that the Judiciary Com- ment nor the Federal Bureau of Inves- I see the Senator from Georgia has at mittee will have its hearing tomorrow tigation would even make a witness least two colleagues interested in and will have more to say about this. available on behalf of the committee to speaking. Could we reach some kind of The PRESIDING OFFICER. Under air the Government’s view with regard agreement as to how we will proceed? the previous agreement, Senator to this act on the part of the President. Mr. COVERDELL. Mr. President, in GRAMM is recognized. No one is challenging the President’s response to the Senator from Illinois, Mr. DURBIN. Mr. President, I wasn’t right and power to grant the clemency. that is a perfectly legitimate question. aware that there was an agreement. To the extent they say, well, it is a My idea is to go to the Senator from Can we restate it so there is a clear un- constitutional power, et cetera, that is Texas, back to your side, and then derstanding? The Senator from Texas a smokescreen. What we are trying to back to our side. After the Senator will speak up to 15 minutes; is that cor- understand is what its effect is on U.S. from Texas has 15 minutes, of course, rect? policy with regard to terrorism. which will be counted against our side, Mr. GRAMM. I have been recognized Interestingly—to comment just a it will be about 10 minutes and 10 min- for 15 minutes, as I understand it. moment or two more on the hearing— utes back and forth. The PRESIDING OFFICER. Then the I posed the question to the witnesses Mr. DURBIN. Mr. President, how Senator’s side will have the remaining that the President has endeavored, in much time of the Republican side has time. his clemency finding, to draw a distinc- been used to this point? Mr. DURBIN. We will try to maintain tion for these 16 terrorists, indicating The PRESIDING OFFICER. Fifteen the floor until 12:30, which I understand they themselves did not actually throw minutes. we have agreed to. or place the bomb. Mr. DURBIN. Another 15 minutes The PRESIDING OFFICER. The Sen- These were conspirators. These were from your side will mean you have con- ator from Texas is recognized. planners. Senator SESSIONS so elo- sumed 30 minutes of your 1 hour of de- Mr. GRAMM. Mr. President, let me quently stated the other day that one bate before we have spoken. So can we remind everyone how we came to this of the reasons they did not get to do agree that after 15 minutes we would point under the leadership of Senator that is they were caught with all these have the remaining time until 12:30? COVERDELL. A resolution was intro- weapons in their van. In other words, if Mr. COVERDELL. With one excep- duced condemning the President’s deci- you are an unsuccessful terrorist, you tion. Senator KYL has come to the sion to grant clemency to 16 terrorists have a higher standing under U.S. law floor and asks that we give him some who were part of a wave of violence and than if you are a successful terrorist. opportunity in that timeframe. I ask death across the country that started But when the question was posed to the Senator from Texas if he might in the mid-1970s and ended when these the panel, Mr. Gallegos, who is presi- limit his remarks to 10 minutes so we terrorists were incarcerated. We sought dent of the Fraternal Order of Police, can accommodate Senator KYL. to bring that resolution to a vote on said: Wait a minute. What kind of ques- Mr. KYL. Mr. President, I have the the floor of the Senate. Our Democrat tion are we introducing to the adju- obligation of chairing a nominations colleagues, using their rights under the dication of criminal activity? He said: hearing in the Judiciary Committee at rules of the Senate, objected. We were For example, if you are the get-away 2 o’clock, which I am sure my col- forced to file cloture to force the con- driver in a bank robbery—you did not leagues on the other side would like to sideration of this resolution, and that actually rob the bank—under U.S. law move forward on, since all of the nomi- cloture motion carried. Now we are in you are as guilty and subject to as nees appear quite qualified and pre- the process of debating a resolution much of a punishment as the man who sumably could move forward. where Congress, in this instance, takes walked into the bank. I ask unanimous consent that I may the strongest action it can under the I mentioned the other day on the take 30 seconds to express my support Constitution, and that is condemn the floor, under this theory of separation for what the chairman is doing and President’s actions. of degree, why is Bin Laden a No. 1 fu- then put a statement in the RECORD. The President is given, under the gitive for the United States? He didn’t That would be satisfactory from my Constitution, the power of pardon. drop the bombs in Kenya and Tanzania. standpoint. There is nothing we can do that would He was a conspirator, as these people The PRESIDING OFFICER. Without override that constitutional preroga- were. I asked the question—and I will objection, it is so ordered. tive. But while the President has the turn to my colleague—what this did to The Senator from Arizona. right to pardon, I believe the President the morale, and New York Detective Mr. KYL. Mr. President, I have had is profoundly wrong in pardoning these Senft said it undermines every active- the pleasure of attending the sub- terrorists. duty law enforcement officer. He said, committee meeting this morning, and I Now, I wish I had the ability of our as damaged as he is permanently in heard witnesses who are victims of the President to articulate so clearly and life, he took solace that the perpetra- terrorists who were given clemency. It to put a human face on so many of the tors who attacked him were in prison. was a heartbreaking experience, frank- public policy issues he discusses be- It has been a devastating fact for him ly, because at the conclusion of it one cause there is a very real human issue to know that clemency can be granted understands that we haven’t closed a involved here. It started with a bomb- for that kind of activity. All of the law chapter by doing this. In fact, the ing of historic Fraunces Tavern in enforcement officials said these deci- President has probably opened a new Manhattan. sions were particularly devastating to chapter. I believe there will be addi- This is the front page of the New men and women on America’s front tional terrorism as a result of the York Times from Saturday, January line protecting citizens day in and day clemency that he ordered. I hope that 25, 1975. In this article, in excruciat- out from these kinds of hostilities and will be addressed by this Senate, work- ingly painful and bloody detail, it out- violence. ing together with the administration, lines how a bomb was set the day be- With that, I yield up to 15 minutes of so we can continue a policy which has fore, how it decimated this restaurant, our time to the Senator from Texas, been effective heretofore, and that is injured 44 people, killed 4 people, de- Mr. GRAMM. making certain that terrorists are capitated 1 person. These were inno- Mr. DURBIN. May I inquire of the hunted down, prosecuted, and incarcer- cent people who just had the bad luck Senator from Georgia? ated so they can’t commit terrorist to go to lunch at this place, at that Mr. COVERDELL. Yes. acts again. time on Friday, January 24, 1975. Mr. DURBIN. May we have some un- To the extent the President’s actions Some of my colleagues may have derstanding of how the time will be al- in this case were different from that read a recent article in the Wall Street located? It is my understanding that, past policy, they should be condemned, Journal, written by two sons of a man generally speaking, we have an equal and we as a Senate should make sure it who had the bad luck of going to lunch amount of time on a side, and 1 hour is doesn’t continue in the future. So I that day in that tavern. Basically, they allocated to this debate. Senator commend the chairman of the sub- put a human face on that one brutal S10806 CONGRESSIONAL RECORD — SENATE September 14, 1999 murder. The picture they drew was ple. This is not a violence where some- It is very interesting to note when that of a young man who grew up in a one is selected for retribution, wrong these acts of terrorism accelerated. In very poor family. Actually, he grew up as it may be, for an act they com- fact, the police headquarters in New in a Puerto Rican neighborhood in New mitted. This is violence against people York City was bombed 3 years after York and worked his way up to be suc- who had nothing to do with this desire then-President Carter pardoned the cessful. Today, both of his sons are in- to see Puerto Rico an independent na- Puerto Rican terrorists who came into vestment bankers. So in that sense, he tion. These were people living their this sacred temple of American democ- was successful. But he died—and he lives, routinely going about their busi- racy—the Capitol Building—when there was 33 years old—because a group of ness, who certainly didn’t know about was a quorum call on in the House of brutal murderers, calling themselves a this group, or if they knew, they Representatives and stood in the House ‘‘liberation army,’’ planted a bomb weren’t in any way involved. balcony and shot and wounded Mem- that day in New York that took this So to say that these people were non- bers of the House of Representatives. man’s life, took him away from his violent, who were the core of this ter- In fact, there is still a bullet hole in family. The FALN—this terrorist rorist organization that planted 130 the ceiling of the House of Representa- group—claimed responsibility and, in bombs that killed and maimed across tives. There is still a bullet hole in the fact, left a note near the bomb scene America, is an outrage. drawer of the Republican leader’s desk outlining their grievances. While I know our President has no from that day in 1954. They said they had grievances. So shame, he ought to be ashamed of that President Carter decided in 1979, 4 they injured 44 people and brutally statement. years after the Fraunces Tavern bomb- murdered four people. What are we doing? We are here be- ing, to pardon the Puerto Rican terror- That started a reign of terror—the cause the President of the United ists—which is an inaccurate media de- greatest terrorist assault in the his- States decided, based on pleas made by scription because many of these people tory of the United States of America in various individuals and groups around were born on the mainland of Amer- our homeland among our people, inno- the country to grant a pardon—clem- ica—who in this great temple of democ- cent people. This reign of terror con- ency—to these people who were leader- racy assaulted civilization itself. He tinued until these terrorists, now par- ship of a group that planted 130 bombs pardoned them and let them out of doned by the President, were arrested in America over a 7-year period and prison. and incarcerated. that brutally killed and maimed our Three years later, this terrorist Our President says, and I quote, talk- fellow citizens. group bombed New York City police ing about these terrorists: I don’t understand the President’s ac- headquarters, the Manhattan office of They had served very long sentences for of- tion. The FBI was reported to be op- the FBI, and the Metropolitan Correc- fenses that did not involve bodily harm to other people. posed to it. The Justice Department tions Center in New York. and the prosecutors who were involved Here is the point. Jimmy Carter, as It is true that while they are the were opposed to it. Maybe I should President, lowered the cost of commit- core, or were the core, of this terrorist take the Justice Department out. I ting terrorist acts. Those terrorist acts organization, while they were its lead- don’t know. They probably have not accelerated after that pardon in 1979. ership, and while they were arrested heard about it yet. But the prosecutors Now the President has pardoned the and convicted for engaging in terrorist who were involved were opposed to it. members of the very group that activities—they were convicted of Law enforcement officials across the claimed credit for those acts, and who things such as unlawful storage of ex- country were opposed to it. It was sup- were convicted, among other offenses, plosive materials—it is also true that of storage of explosives and conspiracy the terrorist attacks ended when they ported by some political leaders of the to make bombs. So, obviously, they went to jail. Puerto Rican community in New York. So you can say they weren’t con- Quite frankly, I don’t understand were planning more attacks and more victed of these specific, brutal tavern that. Many of these terrorists weren’t bombing. They claimed credit for the murders in New York. They weren’t even from Puerto Rico. They were born bombings in New York—the bombing of convicted of the bombing on New in the United States of America. the police headquarters, the killing of Year’s Eve in 1982 when a New York Yet somehow, despite the fact that innocent citizens, the mutilation of po- City police headquarters and other Americans were killed and maimed, lice officers. sites were bombed, and in the process these terrorists are given special sta- Now the President has pardoned you had victims who were blinded in tus, seemingly because they could iden- them. I would like to conclude with both eyes, who lost five fingers on their tify a cause, a cause, interestingly these points. right hand, who lost hearing, who re- enough supported by only 2.5 percent of The President and his spokesman on quired 13 major surgical operations on the people who voted in the December many occasions have said that fighting their face alone, and had 20 titanium 1998 plebiscite in Puerto Rico. terrorism is the No. 1 objective of his screws put in place to hold their face We will never know why the Presi- administration, that the greatest together. They weren’t convicted of dent did this. If he did it to court polit- threat we face in the world today is the those particular crimes, but they were ical support for Mrs. Clinton running threat of terrorists. Obviously, there is leadership, the core, of the organiza- for the Senate in New York, it turned some other objective somewhere that is tion that claimed credit. Those crimes out to be a bad deal. It turned out to be of a higher order because for some rea- ended when they went to prison. something that probably was harmful son the President pardoned these ter- They were part of the leadership of and not helpful. rorists. that organization. They were acces- But let me tell you why I am con- I think it was a terrible mistake. I sories whether they were there and cerned, which goes beyond politics. believe the American people will hold planted the bomb or not; we do not What the President did was lower the President Clinton accountable for it. I know, we may never know, but they cost for committing acts of terrorism want to know how the process occurred were accessories before and after the in America. He lowered the cost for and whether the process outlined in fact as part of FALN. Yet the Presi- committing acts of terrorism in Amer- law was followed. Whatever the process dent says they were nonviolent. ica by pardoning people who partici- was, the decision was wrong. I believe If you are going to put a human face pated in a reign of terror that, as far as we should condemn it in the strongest on it, you would have to go back and I am aware, is unparalleled in Amer- possible language. talk to these police officers who have ica’s history. I hope we get strong bipartisan sup- been blinded, and who have had their If we are going to pardon people who port. I hope we don’t have in the Sen- faces destroyed. You would have to brutally murdered innocent citizens, ate what we saw in the House when talk to the children and grandchildren who maimed and mutilated police offi- some Democrat Members of the House of these people who were murdered in cers, then what is the penalty for ter- didn’t vote yes and didn’t vote no. The the tavern in New York. rorism? best they could do is to say they were I call that violence. I call that a fun- The President says President Carter there that day, and they voted damental assault on the American peo- urged him to pardon them. ‘‘present.’’ I don’t think this is an issue September 14, 1999 CONGRESSIONAL RECORD — SENATE S10807 where Members want to vote ‘‘We all know we engage in a lot of smoke Mr. CONRAD. There are lots of good ‘‘present.’’ and mirrors,’’ said Senator ARLEN SPECTER, ideas coming out on this idea to extend I want people to know I think it was chairman of the Senate Appropriations sub- the concept that our Republican an absolute outrage that the President committee, ‘‘But we have to fund education, NIH, worker safety and other programs. It’s friends have come up with to go to 13 did this. He ought to be ashamed of it. a question of how we do it.’’ months in a year in order to solve our The American people ought to hold I agree with it being a question of budget problems. The last time we him accountable. The Congress, in the how we do it. The last thing we ought made a major change in the calendar, strongest action we can take in this to do is create a 13-month year. If we it was made by the Pope. I am not sure matter, is deploring the President’s ac- want to cause a lack of respect of peo- what that says about those putting for- tion. ward this proposal, other than I can’t I thank our colleague from Georgia ple in the country for the Congress, this is the way: Adopt the Republican wait to see what they come up with for his leadership on this issue. next. I yield the floor. proposal that the way to solve our fis- cal problem is to create a 13th month. I don’t think this is the solution to The PRESIDING OFFICER. The the fiscal problems of America; 13 Chair recognizes the Senator from I began looking at the calendar to try to figure out where we would add months is not the answer. North Dakota. Going back to the headline, it really Mr. CONRAD. Mr. President, on the this 13th month, what we would call it. One thought that we had is that maybe is kind of stunning: ‘‘GOP Seeks to subject that has been discussed by the Ease Crunch with 13-month Fiscal Senator from Texas and the Senator we could have January, February, and then ‘‘Fictionary’’—kind of a fictional Year.’’ from Georgia, I think the President did One person who has commented on make a mistake. I don’t think it was 13th month. Maybe that could be the month: January, February, and this in this morning’s paper is Robert appropriate to extend clemency to Bixby, head of the Concord Coalition, a these people. I hope this is an issue Fictionary. Or maybe we ought to have ‘‘Spend- budget watchdog group. He says they that we can address by resolution and tember,’’ after September, or maybe are degrading themselves and we de- make clear where the Senate stands. before September. We could have grade the budget process by resorting We are going to have an opportunity to ‘‘Spend-tember’’ for the 13th month. to these budget gimmicks. do that. There is something wrong with what The only disagreement I have with f our colleagues on the Republican side that is, this goes way beyond gimmick FISCAL YEAR have come up with. Thirteen months? I when all of a sudden we are going to take a 12-month year and make it 13 Mr. CONRAD. Mr. President, this don’t think the American people are months to address the budget problems morning I got up and, as is typically going to buy this. Everybody knows of the country. I think our Republican my habit, I opened up the Washington there are 24 hours in a day, 7 days a friends have gone off in the weeds. I Post to see what was there. I turned week, and there are just 12 months in a hope they reconsider. This is a mis- first to the sports page to see how my year. Search as we might, here is the take. Baltimore Orioles performed. I got calendar; there are only 12 months; If we start going in the direction of good news there. That was a welcome there is no 13th month. That is not the adding months, where is this going to addition to my morning. solution to our problem. stop? We have 12 months. Thirteen On the front page of the Washington If we started thinking of where we months? Fourteen months? Are we Post I was very surprised to see this would add this month, some would ad- going to be able to solve all the prob- headline: ‘‘GOP Seeks to Ease Crunch vocate two Decembers. That would lems of the country if we start to en- with 13-month Fiscal Year.’’ have a certain attractiveness. We I have heard of some gimmicks in my would have two Christmases, all the re- gage in fiction? That is not the direc- time. Now we see our friends on the tail sales twice. That is not a bad idea. tion we ought to take. Does my col- other side, who are not able to meet On this idea the Republicans have league from North Dakota agree? the legal requirement that they pass come up with for 13 months to solve Mr. DORGAN. If my colleague will the appropriations bills on time by Oc- our fiscal problems, my choice is to see yield, this is remarkable. I was eating tober 1, have resorted to a new concept. 2 Octobers. I am a baseball fan. I could Grape Nuts, actually, when I read that Instead of having a 12-month year, we have the World Series twice. Others this morning. That is not always a will have a 13-month year. might have a different idea of where we pleasant experience unless you have I think our friends are going off on a could add a month. plenty of sugar. And then you get the tangent that should not be pursued. I I must say to our Republican friends, newspaper and you read a headline that think this would be a profound mis- why stop at 13 months? If this is the says, ‘‘GOP Seeks to Ease Crunch With take. The last thing we need to do is way we are going to solve the fiscal 13–Month Fiscal Year.’’ solve our fiscal problems by creating a problems of our country, let’s go to 14 I am thinking to myself, I have been fiction of a 13-month year. That isn’t months, maybe add 15. Somebody in around this place for some time and what we need to be doing. We need to my office suggested we go to 24 have grappled with a lot of fiscal policy address directly and forthrightly the months. That way, we would be able to problems. If we had thought of this a problem we face in trying to avoid double everybody’s income in a single long while ago, we would not have all raiding the Social Security trust fund. year. We would be able to have twice as of these problems. If you have a prob- Let’s do it honestly. Let’s do it di- much spending in a single year if we lem, just change the calendar. rectly. Let’s not engage in the fiction went to 24 months. I think we have real That would raise of course the ques- of creating a 13-month year in order to opportunities. If we keep adding tion of what to name this new month. resolve the fiscal challenges facing this enough months, we can completely I suppose if they were really serious country and this Senate. avoid the Y2K problem altogether. Now they could do what all the sports sta- That is what the Republicans have this is a real opportunity, and I don’t diums do, and just sell the name. How come up with. They point out in the think we want to miss it. much money could you raise with a story: Mr. DURBIN. I say to the Senator, if Microsoft month or a US Airways By creating this fictitious 13th month, he yields for a question, if we can ex- month? I suppose there are all kinds of lawmakers would be able to spend $12 billion tend the year to avoid the tough deci- possibilities along this line. But I to $16 billion more for labor, health, edu- sions on the budget and not only avoid think most people would look at this cation and social programs than they other- Y2K, but we can repeat the month of and say that it is not very serious gov- wise would be permitted under budget rules. December and have Christmas sales ernance—when you have a problem you What are we doing? We are going to and inject in the economy a lot more cannot fix you create another month create a 13th month to deal with the life—and of course kids enjoy Christ- and then pretend you fixed it. fiscal problems of the country? I don’t mas—perhaps the Republican leader- Some State legislative bodies have a think so. ship is onto something by extending rule that they must adjourn by a par- Senator SPECTER is apparently one of the year an additional month for budg- ticular time. So what they do occasion- the backers of this idea. etary purposes. ally, is to take a black cloth and cover S10808 CONGRESSIONAL RECORD — SENATE September 14, 1999 the clock. Now we have budgeteers who After all, this progress has been made— Mr. CONRAD. Something like Fed- think the way to solve a fiscal problem getting our fiscal house in order—hav- eral Express month? is to add another month to the cal- ing the lowest inflation rate in 30 Mr. DORGAN. That’s right, or Micro- endar. years, the lowest unemployment rate soft month or U.S. Steel—— I don’t know. We hear a lot of Byzan- in 30 years, the longest economic ex- Mr. CONRAD. Microsoft month. That tine and bizarre suggestions in this pansion in our history. We are now might be a lucrative thing, to auction Chamber from time to time. But this going to resort to budget gimmickry to this off. That might be a way to solve one has to rank right up there. As a address the additional challenges that the budget problem, instead of going to young schoolboy in the southwestern we face? That is not the way a great the 13-month plan the Republicans ranching country of North Dakota, I country does its work. have, is to actually auction off a learned the days of the months through Mr. DORGAN. I wonder if the Sen- month. I think kind of the leading al- a little ditty. We all know it. Perhaps ator will yield for a question. ternative, at least in my office, is now it should be changed: Mr. CONRAD. I will be happy to ‘‘Spendtember.’’ That has gone over Thirty days hath September, yield. pretty well. April, June, and November, Mr. DORGAN. Mr. President, we have Mr. DORGAN. If the Senator will All the rest have 31, had an opportunity to discuss this a yield, there is nothing to stop the Sen- Except the Republicans, bit, the gimmickry of doing all of these ate at 13 months. This relates to the They have an extra month. things. I was talking to my colleague, whole aging process, which I think This is going to be confusing to a Senator BYRD, who has spent a great would be of great interest to a number whole generation of schoolchildren if deal of time on the floor telling us of Senators. If this Senate enacted a the GOP decides they are going to mess about Roman history. We were just dis- longer year, and perhaps went to 15, 18, with the calendar. cussing the front page of this morn- or even 19 months, we would have folks We have had the lunar calendar, the ing’s newspaper with the headline running for election who are 75 years solar calendar, the Gregorian cal- about the easing of the fiscal crunch by old but who could claim they are only endar—I assume my colleague ex- creating a 13th month. Senator BYRD 68. plained much of the history of the cal- indicated that Julius Caesar in trying Mrs. MURRAY. Will the Senator endar. Perhaps the creative minds here to reconstruct the calendar, somewhere yield? in the Senate will make history when around 46 B.C., decided he was going to Mr. CONRAD. I will. they try to find their way out of the have a 15-month year. Senator BYRD Mrs. MURRAY. I thank the Senator corner into which they have painted knows about all of these things. He has for bringing up this headline. I, too, themselves. given wonderful lectures on the floor of was struck by this new concept of add- Let me yield the floor at this point the Senate about the rich history of ing a month to our calendar in order to to my colleague from North Dakota. the Roman Empire. solve the problems of the country. I Mr. CONRAD. The Wall Street Jour- I just now learned this from our dis- agree, it has to be humorous; other- nal, back in July, had this headline: tinguished colleague. So apparently, I wise, we would all be crying. Because, ‘‘The GOP Uses Two Sets Of Books.’’ would say to Senator CONRAD, what we truly, when I go home what my con- Now we are going to have a new head- are discussing today has been done be- stituents tell me is what I think every- line: ‘‘The GOP Uses Two Calendars.’’ fore. Julius Caesar did it, and he added one is hearing: We have priorities in We have the one with 12 months, which 3 months to the calendar, apparently. this country, particularly education. I guess will run all the rest of our lives, Mr. BYRD. Will the Senator yield? Mr. DORGAN. Certainly. They are worried about preschool. but for budget purposes we will have 13 Mr. BYRD. He was assassinated 2 They are worried about Head Start. months. years later, though. They are worried about whether or not The second part of the story in the Mr. DORGAN. If the Senator will their child is in a class that is small Washington Post today said: Senate yield, it seems to me that lends credi- enough that they get the individual at- Republican leaders embrace a longer bility to the question of whether or not tention they need. They are worried fiscal year to ease spending woes. They this ought to be done. Those of us who about whether or not their teachers want to spend the money, but they wonder whether this is a good idea have the kind of training they need to want to make it appear as though might take lessons from the history teach their children. They certainly there is less spending in this year, so that is offered by Senator BYRD. are worried about school construction they add a 13th month. I don’t think Mr. CONRAD. Can you imagine? I and the ability to send their child to a that is going to fool anybody. It cer- wonder what is going to happen in the safe school. tainly should be outside the rules of schools of America now that the Re- We had a whole hearing this morning this body, if we are going to be serious publicans have said there are 13 about school violence. But teachers about maintaining the fiscal discipline months. Can you imagine the confusion have not come to me and said: How do that has done so much to restore the of the elementary schools as they are we add this to our curriculum, explain- fiscal integrity of this country. teaching children their months? Where ing a whole new month that has been For the first time in 30 years, we is this month going to fit? What is it added by the Senate? have been able to balance the budget, going to be called? I know my colleague has worked with largely as a result of the 1993 budget I know the Senator from North Da- me on the Budget Committee for the plan we passed. We received no help kota has children in school. Have they last 7 years. We have worked very hard from our friends on the Republican been advised of this change? to reduce the deficit. There was a $300 side—not a single Republican vote, not Mr. DORGAN. They have already billion deficit when we arrived here in one. That was a plan which put us on a weighed in. They would prefer it fall in 1993. path to reduce the deficit each and the summer. My children are in sev- We worked hard to be real. Despite every year of the 5 years of that plan. enth and fifth grades, and if there is to the humor we have in this debate In 1997, we added a little bit. That was be an extra month, they would prefer it today, we need to get real about the done on a bipartisan basis. That was fall somewhere in the summer. budget; we need to get real about our good. We did something together. Mr. CONRAD. Did they have any idea priorities; we need to recognize we can- But now our Republican friends are for a name of the month? not put a priority on education ver- retreating to the notion that the way Mr. DORGAN. No. In fact, I was bally and put it at the end of the pile to solve the fiscal problems of the thinking this morning when I read this when it comes to the budget and then United States is to add a 13th month. that we probably should have some come up with gimmicks to pay for it. That cannot be a serious proposal. I kind of a contest, to create a name. I ask the Senator to comment be- cannot believe our colleagues are going Then too, as I indicated earlier, almost cause we worked on this together for to engage in that kind of charade and everyone today is selling names. If this many years. that kind of game and that kind of is institutionalized as a month without Mr. CONRAD. Mr. President, I thank gimmick in order to address the seri- a name, clearly one could offer it for the Senator from Washington. She is ous fiscal problems facing the country. sale. exactly right. We do face a problem September 14, 1999 CONGRESSIONAL RECORD — SENATE S10809 this year, and the problem is we have The PRESIDING OFFICER. The Sen- were caught and convicted before these these budget caps that were agreed to ator from Utah. deadly devices were used to take addi- in 1997, and now things have gone bet- Mr. HATCH. I thank the Chair and tional innocent human lives. Osama ter than anybody anticipated. We have my colleague from Georgia. bin Laden is on the FBI’s Most Wanted been able to get our fiscal house in On January 24, 1975, during a busy List for conspiring to commit acts of order. The question is how we maintain lunch hour, an explosion ripped terrorism. According to the adminis- that discipline and at the same time through the historic Fraunces Tavern tration’s logic, he too should be let go, fund the urgent priorities of the Amer- in New York City, killing four people if captured, because he was not directly ican people, especially education. and injuring 55 others. On August 3, involved in acts of terrorism, although As was said by budget expert, Robert 1977, during the morning rush hour, a we all know he has been funding the Reischauer, the former Director of the powerful bomb was detonated in a busy terrorist acts. Congressional Budget Office, this no- New York office building, killing one The administration also argues that tion the Republicans have come up man and injuring several others. Credit these prisoners received longer sen- with to just add a 13th month does not for both these bombings was proudly tences than they would have under the solve the problem; it avoids the prob- taken by a terrorist organization call- sentencing guidelines. Well, there are lem. We will have spending caps in 2001 ing themselves the FALN, an acronym thousands of people in jail who were and 2002 as well, so all we have done is from a Spanish title meaning the sentenced before the guidelines. Does postpone and magnify the problem. We Armed Forces for Puerto Rican Na- each of them deserve to have their sen- will have actually made the problem tional Liberation. tences reduced? The President will worse. In March of 1980, armed members of have to pick up the pace of clemency There is humor in this. I think we all the FALN entered the Carter-Mondale offers if he is to right all these so- see almost a theater of the absurd in campaign headquarters, bound and called wrongs in the 15 months left in the notion that our Republican col- gagged women and men inside, and his term. leagues have come up with as a way to held them at gunpoint as they ran- This whole episode raises a number of solve the problem, which is to add a sacked the offices. The FALN took questions about this administration’s 13th month. credit for bombings and incendiary at- approach to law enforcement and the I say on a serious note, let’s not do tacks in New York City, Chicago, and rule of law in general. Were the normal that. We have had success in getting Washington, D.C., attacks which took procedures followed in the processing our fiscal house in order by being place in department stores, office of clemency opinions? What set these straight with the American people, by buildings, restaurants, even a women’s 16 prisoners apart from the more than passing legislation that fits our spend- restroom. In all, the FALN has been 4,000 who have petitioned this Presi- ing to our income. Let’s not create a linked to over 150 bombings, attempted dent for clemency, or the other tens of fix such as this in order to support a bombings, incendiary attacks, thousands serving time across the massive, risky, radical, reckless tax kidnappings, and bomb threats, which country? What prompted the President cut scheme which our friends on the have resulted in the death of at least to make this offer of clemency? Who other side have come up with that six people and the injury of at least 70 recommended it? On what basis was it threatens the fiscal discipline that has others. granted? been put in place, that has put us in On August 11, 1999, President Clinton, Whatever the administration’s argu- such a strong position. who up to this point had commuted ments, the bottom line is that the I thank the Chair and yield the floor. only three sentences since becoming President’s ill-considered offer of clem- f President, offered clemency to 16 mem- ency has now been accepted by 12 of bers of the FALN. This to me, was RECESS the 16 FALN members, many of whom shocking. And quite frankly, I think I are now back on the streets. The PRESIDING OFFICER. Under am joined by a vast majority of Ameri- These are people who have been con- the previous order, the Senate now cans in my failure to understand why victed of very serious offenses involv- stands in recess until the hour of 2:15 the President, who has spoke out so ing sedition, firearms, explosives, and p.m. boldly in opposition to domestic ter- threats of violence. The FALN has Thereupon, at 12:31 p.m., the Senate rorism in recent years, has taken this claimed responsibility for past bomb- recessed until 2:15 p.m.; whereupon, the action. ings that have killed and maimed Senate reassembled when called to In subsequent spinning, the White American citizens. I personally pray order by the Presiding Officer (Mr. House has pointed out that the 16 of- that no one else will get hurt. INHOFE). fered clemency were not convicted of Mr. COVERDELL addressed the This is yet another example of this the actual attacks that killed or administration sending the wrong mes- Chair. maimed people. But many of these 16 The PRESIDING OFFICER. The Sen- sage to criminals, be they foreign spies, were involved in building bombs, and in gun offenders, or, in this case, terror- ator from Georgia. storing and transporting explosives, in- f ists. cendiary materials, and weapons. In In this case, it appears President DEPLORING THE ACTIONS OF one raid alone involving the terrorists Clinton put the interests of these con- PRESIDENT CLINTON REGARD- President Clinton has released, law en- victed criminals ahead of the interests ING GRANTING CLEMENCY TO forcement recovered 24 pounds of dyna- of victims, the law enforcement com- FALN TERRORISTS—Continued mite, 24 blasting caps, weapons, and munity, and the public. I think we need Mr. COVERDELL. Parliamentary in- thousands of rounds of ammunition, as to know: Did the Justice Department quiry. well as disguises and false identifica- do its job? Is the matter of business before the tions. There are substantial questions as to Senate S.J. Res. 33? The administration argues that none whether the normal process was fol- The PRESIDING OFFICER. The Sen- of these people were ‘‘directly’’ in- lowed in this case. Reportedly, the ator is correct. volved with activities that hurt people. President made his clemency offer over Mr. COVERDELL. Could the Chair But these people, to the contrary, were the strong objections of prosecutors, please advise the Senator from Georgia convicted of conspiring to commit acts the FBI, the Bureau of Prisons, and the as to the time remaining on each side? of terrorism. According to former As- victims of crime. In the Wall Street The PRESIDING OFFICER. The Sen- sistant U.S. Attorney Deborah Journal today, Mr. Howard Safir, the ator from Georgia controls 26 1/2 min- Devaney, several of the FALN terror- New York City police commissioner, utes; the other side has 391⁄2 minutes. ists were captured in a van full of asserts that: Mr. COVERDELL. I thank the Chair. weapons and others were videotaped In my 26 years as a Justice Department of- Mr. President, I yield up to 10 min- making bombs that they planned to ficial, I have never heard of a clemency re- utes of our time to the distinguished use at military institutions. port being delivered to the President over chairman of the Judiciary Committee, It is only because of the good work of the strenuous objections of these agencies. Senator HATCH. law enforcement that these terrorists The Department of Justice and the Attorney S10810 CONGRESSIONAL RECORD — SENATE September 14, 1999 General apparently did not even take a for- just like these FALN terrorists who clemency to sixteen convicted felons in- mal position on the matter, even though the put their own beliefs above doing jus- volved with a wave of terrorist bomb attacks Department’s own rules require doing so. tice and what right in society. If the on U.S. soil from 1974–83. I would also like to Here we have another example of express my own personal confusion and United States continues to show that anger at your decision. what people suspect: The Attorney type of soft-headedness with regard to Your offer of clemency would immediately General is asleep at the switch while terrorist activities and terrorists release eleven convicted felons who con- the White House runs the Justice De- themselves, then we are going to reap a spired as members of the FALN to plant and partment. whirlwind in this country, and we will explode bombs at U.S. political and military As chairman of the Senate com- see more acts of terrorism in this coun- targets. The remaining five would have their criminal fines waived and only two would mittee with oversight of the Depart- try than we ever thought possible. ment of Justice, I have requested cop- serve any additional time. These attacks I can say with impunity that there killed six people, wounded dozens and ies of all relevant documents, including are better than 1,500 known terrorists maimed three New York City police officers: the Department’s memo to the White and terrorist organizations in the Detective Anthony S. Senft lost an eye and House. Even our colleague, Senator United States of America today. a finger, Detective Richard Pastorella was SCHUMER from New York, believes we Frankly, there are a lot more than blinded and Officer Rocco Pascarella lost his should have these documents. But so that. Thus far, the administration, leg. far the Department has refused to turn Your claim that none of these people were prior to this act, has done a pretty involved in any deaths is patently false. As over anything. good job of offsetting terrorist activi- members of the terrorist organization that The White House and the Justice De- ties in this country, mainly because of was planting these bombs, all of them are ac- partment are hiding behind their tired, the FBI and its good work. I am sug- cessories to the killings as a result of the old ploy of ‘‘studying’’ whether to as- gesting that we get on top of this. The bomb attacks. Two of the persons to whom sert executive privilege. If the Presi- President should be ashamed for doing you have offered clemency were convicted of dent has confidence that his decision a $7.5 million armored truck robbery, which what he has done. undoubtedly financed the FALN’s 130 bomb was a just one, then he ought to be I yield the floor. attacks. willing to hold it up to public scrutiny. Mr. McCONNELL. Mr. President, I These are not Puerto Rican patriots, these There may be a legitimate argument rise today to express may great con- are convicted felons who are guilty of waging that executive privilege applies to cern and dismay at President Clinton’s a war of terror against Americans on Amer- some materials. There is no legitimate decision to offer clemency to sixteen ican soil to accomplish their political objec- reason, however, not to allow the Jus- convicted terrorists. These individuals tives. Why are you rewarding their efforts? I can only assume you are again pandering tice Department witnesses to appear were members of the FALN, the Armed for some political purpose. This time, Mr. before Senator COVERDELL’s hearing Forced for National Liberation, which President, it must stop before it begins. this morning about the current status uses violence and terror to further its The ‘‘human rights advocates’’ who are so and activities of the FALN. Nor is cause of making Puerto Rico an inde- concerned about the plight of these killers there any legitimate reason to refuse pendent nation. As a result of their in- have never shed a tear for the victims. These to allow the Pardon Attorney to testify volvement in a series of terrorist bomb ‘‘human rights advocates’’ are the same peo- ple and organizations who maintain that the at my hearing tomorrow about how the attacks on United States soil, these in- United States routinely abuses the rights of clemency process works. Are the White dividuals have been convicted of very its citizens and who issue reports stating House and the Justice Department serious offenses. that our state and local police officers are studying or are they stonewalling? Terrorism is a deplorable act. In re- nothing more than racist thugs who enjoy At the Judiciary Committee hearing cent years we have seen tragic attacks brutalizing minorities. These ‘‘human rights tomorrow, we will hear from the law on our embassies overseas, and hideous advocates’’ are the same people and organi- enforcement community and the vic- murders in Oklahoma City and the zations who clamor for the release for Mumia Abu-Jamal, a convicted cop-killer, tims who have been affected by this World Trade Center. This harvest of and raise money for his defense. grant of clemency. I have invited rep- death and suffering is what terrorism I do not Know, Mr. President, how they de- resentatives of the FBI and the Justice is about. By releasing these terrorists cide which rights to advocate and which to Department’s Pardon Attorney’s Of- President Clinton has made a terrible ignore, but it seems that murderers and ter- fice. I hope the White House and the mistake. For years our message to ter- rorists are more entitled to them than vic- Department of Justice will allow them rorist has been simple: ‘‘If you attack, tims. Do not offer clemency to sixteen con- to testify. The American people de- maim, and kill Americans, the United victed felons to placate ‘‘human rights advo- cates.’’ serve to hear this testimony, and I States will hunt you down and punish I would also strongly urge you to reject think the White House and the Justice you. We do not forget, and we will any inclination or polling data that indi- Department should not be stonewalling bring you to justice.’’ Now the Presi- cates this will generate sympathy for you or this type of investigation by the appro- dent is saying that we will forget, and for a Democratic presidential candidate priate branch of Government called the that justice can give way to other con- among Hispanic-Americans. As an Hispanic- Congress of the United States. siderations. That is the wrong thing to American myself, I can assure you that re- I believe our entire Nation is being leasing violent convicted felons before they do. have served their full sentences and to waive victimized by terrorism. A bomb at the Mr. Gilbert Gallegos, the president of tens of thousands of dollars in criminal fines, World Trade Center, the Oklahoma the Fraternal Order of Police, which is no way to appeal to racial pride. City Federal Building, or a U.S. Em- represents the Americans on the front I sincerely hope, Mr. President, that this bassy abroad has an effect on all of us. lines of the war on terrorism, has elo- ill-conceived notion is consigned to the pile This clemency deal is an insult to quently condemned President Clinton’s reserved for horrendously bad ideas. Many of every American citizen. This clemency actions. Mr. President, I ask unani- the best accomplishments of your presidency stemmed from your commitment to law en- deal is not humanitarian. It is not just. mous consent that this letter from Mr. forcement and to police officers. Exactly what is this? A weak mo- Gallegos to President Clinton be print- This aberration would surely eclipse all we ment? Political favoritism? Another ed in the RECORD. have done to date to keep America safe. Po- foreign policy miscalculation by this There being no objection, the mate- lice officers around the country, including administration? I will tell you what it rial was ordered to be printed in the me, have stood side by side with you in fight- is. It is plain and simple. It is wrong. RECORD, as follows: ing violent crime and supporting your com- munity policing initiatives. Caving into That is what it is. GRAND LODGE, these advocates is a slap in the face. I urge my colleagues to support the FRATERNAL ORDER OF POLICE, I look forward to hearing from you about Coverdell resolution so that the Senate Albuquerque, NM, August 18, 1999. this matter. will be on record as opposing the Presi- Hon. WILLIAM JEFFERSON CLINTON, Sincerely, dent’s decision to grant clemency. President of the United States, GILBERT G. GALLEGOS, We cannot send mixed messages with The White House, National President. Washington, DC. regard to terrorism. One of the major DEAR MR. PRESIDENT: I am writing this let- Mrs. BOXER. Mr. President, I will problems this country is going to face ter on behalf of the more than 283,000 mem- vote in favor of S.J. Res. 33, a resolu- in the future —as will every free coun- bers of the Fraternal Order of Police to ex- tion which disapproves of the Presi- try—will be acts of terrorism by people press our vehement opposition to your offer of dent’s decision to grant conditional September 14, 1999 CONGRESSIONAL RECORD — SENATE S10811 clemency for certain individuals who So we need to find out what happened. Carter used this power over 560 times, were convicted of crimes related to the It cannot be, in my view, justice. President Reagan over 400 times and activities of the Armed Forces for Na- Some said: Well, what if one of these President Bush over 75 times— and tional Liberation and a splinter group 16 may not have been personally in- they have not always been matters called the Macheteros. volved in the violent act? with which I necessarily agreed. However, I am disappointed that this I want to tell you what a conspiracy Yesterday I cautioned against the ex- issue was turned into a partisan, polit- means. treme rhetoric of the version of the ical attack on the President. The origi- These individuals knowingly and de- Lott-Coverdell resolution that was ini- nal language was inflammatory and liberately joined with a group, FALN, tially introduced. Through the course too broad, accusing the President of which had been involved—and well of the last week some of the sweeping charges that were misleading known in Puerto Rico throughout this misstatements of fact that were con- and inappropriate. Some of the worst country—in public bombings and assas- tained in that version of the resolution rhetoric has been removed in this sinations and maiming of American have been corrected and its most ex- version, but in my view it is still too people. They joined with that group. treme and dangerous political rhetoric political. They were caught with C–4 explosives has been eliminated. In the future, I hope that Congress and truckloads of guns in participation The resolution that the Senate will will prove to more responsible and bi- of that effort. adopt today deletes much of the over- partisan when discussing U.S. I want to note what the law is on reaching language of the President’s counterterrorism policy. that. Under one case in the Fifth Cir- congressional critics. I noted yesterday Mr. SESSIONS. Mr. President, I cuit, the court held that ‘‘A conspiracy that to contend that the clemency would like to join and associate myself is like a train. When a party knowingly grants showed a weakness of resolve with the remarks of Senator HATCH, steps aboard, he is part of the crew and against international terrorism was chairman of the Judiciary Committee. accepts responsibility for the existing both wrong and might itself contribute We will be having hearings tomorrow freight (that was already carried).’’ to creating a dangerous atmosphere. on the pardon of FALN terrorist That is what we have here. There is We ought to be careful when anyone, groups. no doubt that this group joined this let alone the Senate and Congress of I would like to share a few thoughts criminal enterprise and participated in the United States, starts bandying at this time. I feel very strongly about it and were apprehended by courageous about declarations that accuse the this matter. I spent not the 26 years FBI agents working undercover. There United States Government of making that Howard Safir, who is now the is no doubt that it was tried in a high ‘‘deplorable concessions to terrorists,’’ Commissioner of Public Safety in New profile case in Chicago, New York, and ‘‘undermining national security’’ or York, spent with the Department of other places. ‘‘emboldening domestic and inter- Justice. But I spent 15 years at the De- You can be sure that the Marshals national terrorists.’’ Playing politics partment of Justice. Service and the FBI were guarding the with this matter and accusing the It really troubles me. It very much judge, the jury, and the families be- President of ‘‘undermining our na- saddens me to see what is happening to cause this was a big-time prosecution tional security’’ or ‘‘emboldening ter- rorists’’ carries significant risks and that Department. Senator HATCH said of people who were determined to de- the Attorney General is asleep at the stroy this country and defeat the U.S. was not right. I am glad that language switch while the White House runs the Government. has been eliminated from the text of Department of Justice. Too often that That is what it was about. This was the resolution. Likewise, some of the factual inac- has been true. I hate to say that. I love a high profile, very intense effort. It curacies in the initial draft were elimi- that Department of Justice. I respect was done by prosecutors and FBI nated, including the assertion that the it. agents who willingly put their lives at procedure used in these petitions was On the facade of the Supreme Court, risk to bring them to bear. And once ‘‘irregular’’, and the inaccurate asser- right across this street, are the words they were convicted, we have not had tion that the Bureau of Prisons had ‘‘Equal Justice Under Law.’’ I would any more bombings. It was a success- audio recordings indicating that some like for people to think about a couple ful, courageous effort that saved lives of the 16 persons offered conditional of things. Three-thousand people in in this country. clemency by the President had ‘‘vowed It is not acceptable for this President prison in this country during the Clin- to resume their violent activities upon to go around the Department of Justice ton administration—more than 3,000— release.’’ There was no basis for that asked for clemency. This administra- professionals, violating President Gro- assertion, which was inaccurate and tion followed the procedures estab- ver Cleveland’s Executive order which unfounded but nonetheless included in lished by Executive order in 1893. They he could have changed if he wished to the original resolution. It has now been referred it to the Department of Jus- but never did. It is the established pro- deleted. tice for a background review and a rec- cedure—and for reasons that I can only Similarly, the substitute resolution ommendation. After that was done, conclude have to be political because eliminates the contention that the only three—only three—had clemency they certainly cannot be based on law President’s decision was ‘‘making ter- granted to them. and fact. rorism more likely and endangering’’ A clemency is a very unusual thing. I would just say this: Justice is a Americans. It is to allow somebody to get out of fragile thing. But I would like to ask Most importantly for the jail before they serve their full sen- the American people and the Members resolution— and this is after all only a tence imposed by a court of law and af- of this body to think about this: What congressional resolution that cannot firmed by the appellate courts of this about the other 3,000 people who did change the clemency decisions by the country. So this is unusual. not get their pardons? President— the original resolution pro- Apparently, it was done against the Thank you, Mr. President. posed declaring that the President had objections of the people who were in- Mr. LEAHY. I did not agree with the ‘‘made deplorable concessions to ter- volved in the case who knew about it. President’s recent clemency decision, rorists, undermined national security The prosecuting attorney—the U.S. At- but I recognize that it is his decision to and emboldened domestic and inter- torney’s Office—apparently rec- make. When I was State’s Attorney for national terrorists.’’ All of that lan- ommended no. The FBI, which inves- Chittenden County, I did not always guage has been deleted from the resolu- tigated the case, said no. The Federal agree when the Governor of Vermont tion. It was extreme and risky political Bureau of Prisons said no. exercised his clemency power, but I un- rhetoric and should never have been in- We don’t know yet. I hope that we derstood that it was his to exercise as cluded. will find out—and I hope this adminis- he saw fit. There were many more nu- The American people can judge tration does not stonewall—what the merous exercises of this constitutional whether the time and energy being de- Pardon Attorney’s recommendation power by the Republican and Demo- voted by the Congress to this declara- was. It went on up to the Deputy At- cratic Presidents with whom I have tion is the best use of the these re- torney General of the United States. served over the last 25 years—President sources. Yesterday I challenged the S10812 CONGRESSIONAL RECORD — SENATE September 14, 1999 Senate to make time for votes on the rorist have expressed sufficient re- tions. This became painfully clear on many qualified nominees whom the Re- morse. Each of these individuals had this past weekend’s ‘‘Meet the Press’’ publican majority has stalled for the many years to express remorse and re- where Ricardo Jimenez, one of the last several years. If the Senate has nounce violence. I haven’t heard that freed conspirators, appeared. Mr. Ji- time to debate and vote on this resolu- the FALN terrorists have changed menez identified himself as a freedom tion, it should have time to vote on the their lives to reflect a change of heart. fighter and justified his criminal ac- nomination of Judge Richard Paez to I haven’t heard about any apologies or tions as a remedy for Puerto Rican the Ninth Circuit Court of Appeals, expressions of regret. Their renunci- ‘‘colonization.’’ which has been pending for over 31⁄2 ation of terrorism was tepid. It came Mr. Jimenez is not unique among the years. If the Senate has time to debate only in exchange for their freedom. I FALN conspirators in his utter lack of and vote on this resolution, it should don’t consider this true remorse. I remorse for the terrorist bombings. Un- have time to vote on the nominations don’t consider this worthy of clemency. believably, in fact, Bureau of Prison of Justice Ronnie White to be a federal So I will support this resolution to audiotapes have captured several of the judge in Missouri, Marsha Berzon to be disapprove of clemency for terrorists. I former FALN members recently re- a judge on the Ninth Circuit, Bill Lann am sorry that the President chose to leased from prison saying they would Lee to head the Civil Rights Division shorten the sentences of terrorists who return to violence upon release. and to act on the scores of other nomi- feel justified in using violence to By releasing prisoners convicted of nees pending before it. achieve their political goals. serious crimes, for which they showed The Senate has not completed work Ms. COLLINS. I rise today to con- no remorse, based on only the promise on 11 of the 13 appropriations bills that demn the President’s use of the Con- that they will not commit such crimes must be passed before October 1. The stitutional power to grant clemency to again, the President has undermined Republican Congress cannot find time FALN terrorists. The members of the the standard for eligibility for the ex- for campaign finance reform or a real Armed Forces of National Liberation, traordinary remedy of clemency. patients’ bill of rights or raising the known by their Spanish acronym There is no recourse from the Presi- dent’s action, which was based on his minimum wage or reforming Medicare FALN, were responsible for 130 bomb- unquestioned Constitutional authority. or completing the juvenile crime bill ings in the late 1970’s and early 1980’s. The Senate can only express our senti- conference. The American people will As a result of these FALN actions, six ment that his actions were appalling judge whether the Senate should be people died, scores of citizens were and dangerous. Therefore, in the doing its job and attending to its con- maimed and injured, and the public at strongest possible terms, I support the stitutional duties of confirmations and large was petrified by an indiscrimi- resolution offered today condemning legislation or whether its time should nate threat. The FALN’s stated purpose in con- the President’s action. continue to be devoted to partisan poli- Mr. GREGG. Mr. President, I want to ducting this reign of terror was to fur- ∑ tics and attacks on the Executive make clear that, while I was not able ther the cause of Puerto Rican inde- Branch. to vote on S.J. Res. 33, I am very much pendence. But it virtually goes without Ms. MIKULSKI. Mr. President, I op- in favor of this resolution and I am saying that there is no justification for pose the President’s decision to grant pleased that it passed today. Had I clemency for the FALN terrorists. this vicious lawlessness that terror- been present, I would have voted in I oppose clemency for two reasons. ized, killed and maimed human beings. favor of it. It is important for the Sen- First of all, this clemency decision vio- After a Herculean effort on the part of ate to voice its concerns about the lates the tenets of our counter ter- law enforcement and prosecutors, the President’s actions when they infringe rorism policy. Terrorism is one of the FALN members were brought to justice on our Nation’s best interests. Given greatest threats facing our nation. We and convicted of a variety of serious the long and disturbing history of the say that we will fight terrorism with charges including seditious conspiracy. FALN terrorists who were recently re- every tool that we have. We say that Those who suffered at the hands of leased, I believe that this President’s we will make no concessions to terror- the FALN, those whose only crime was actions with regard to those terrorists ists. We say that we’ll track the terror- to be in the wrong place at the wrong did, in fact, undermine our Nation’s ists down—no matter where they are, time, had names and lives before they policies against terrorism. no matter how long it takes. We say had the misfortune to encounter an On January 24, 1975, a New York city that we’ll hold them accountable—and FALN-placed bomb. But their lives tavern was ripped apart by a bomb that punish them to the fullest extent of the were ended or irrevocably altered by killed 4 people and injured more than law. By granting clemency to terror- senseless actions. The law enforcement 50 others. A radical Puerto Rican na- ists, we are saying that these tenets officers and prosecutors who brought tionalist group known as the Armed don’t always apply. What kind of mes- the FALN to justice placed themselves Forces for National Liberation (FALN) sage does it send to offer clemency to at personal risk in their effort to pro- claimed responsibility for the act and those who are guilty of the most hei- tect the public from the terror of the was later implicated in more than 100 nous and cowardly crimes? FALN bombings. bombings across the United States. Terrorism is a real threat to Amer- On August 11th, the President unex- Several detectives were maimed as a ica—and to individual Americans. Too pectedly offered clemency to 16 FALN result of these bombings and suffer to many families are suffering the incon- members. Their release was condi- this day from the terrorism per- solable loss of their loved ones—be- tioned on each prisoner renouncing vio- petrated by FALN. cause some murdering thug wants to lence, obeying a ban on the use of Sixteen FALN terrorists were even- make a political point. Too many weapons, and refusing fraternization tually convicted in the 1980’s for vio- times, I have called grieving families with independence leaders. Unbeliev- lent offenses related to the bombings, to express my sorrow. After Pan Am ably, it was indicated that these vague including armed robbery, weapons vio- 103 was destroyed over Scotland, I promises would release these individ- lations, and seditious conspiracy, a called the families of seven young peo- uals from their sentences—a privilege rarely invoked but powerful criminal ple from Maryland who were brutally that he has granted only three times charge reserved for people whose intent and callously murdered. We recently previously. And even more unbeliev- is to undermine the Government of the marked the tenth anniversary of this ably, these promises were not forth- United States. terrible crime—and we are still seeking coming. Their history makes it clear that justice. I also think about a young The President made this clemency FALN was a dangerous terrorist fac- Navy diver from Maryland—Robert offer despite the fact that he was ad- tion whose members deserved the pun- Stethem—who was murdered in a ter- vised against it by the FBI, the Bureau ishment they received. It is for these rorist attack in 1985. The victims of of Prisons, and two United States At- reasons that I was appalled when Presi- terrorism deserve justice that is not torneys. dent Clinton offered to give these ter- watered down. The President made this offer despite rorists an early release from prison, ig- The second reason I oppose clemency the fact that the jailed FALN members noring unanimous opposition from fed- is that I am not convinced that the ter- had illustrated no remorse for their ac- eral law enforcement professionals and September 14, 1999 CONGRESSIONAL RECORD — SENATE S10813 siding with liberal human rights activ- evidence in the case and the fact that THE REMAINING SENATE ists and Puerto Rican nationals. Elev- none of the FALN members showed any BUSINESS en FALN terrorists were released from remorse for their acts at the time of Mr. DURBIN. Mr. President, one of federal prison last Friday. sentencing. One sentencing judge indi- the items previously discussed deserves As you know, Mr. President, I chair cated that he would have ordered the further exploration; that is, the whole the Senate Appropriations Sub- death penalty for one of the terrorists question of what we are going to do in committee on Commerce, Justice, who showed no regret for his acts, but the closing weeks to meet the Senate’s State and Judiciary, which funds the it was unavailable as an option. It is obligation to the people of this coun- FBI and other law enforcement agen- presumptuous for the President to try, to deal with the most basic respon- cies that are responsible for our Na- grant clemency on the grounds that sibilities of this Chamber. tion’s counterrorism strategy. Over the the federal judge who heard the testi- The most basic responsibility, of last few years we have significantly in- mony and saw the evidence firsthand course, is to meet and pass the spend- creased the resources available to law imposed a sentence that was too se- ing bills necessary for the orderly oper- enforcement and now have in place for vere. ation of the Federal Government. For the first time a coordinated, govern- In fact, Oscar Lopez-Rivera, one of those who are not students of the proc- ment wide strategy to deter and re- the FALN terrorists that President ess, the fiscal year that we work under spond to terrorism. Releasing con- Clinton offered to release early, had starts on October 1, and we are sup- victed terrorists before they serve their this to say in an interview with the As- posed to pass 13 different spending bills full sentence sends the wrong message sociated Press last year, so that come October 1, the actions of about how our Nation will deal with I have no regrets for what I’ve done in the Government can continue their busi- people who use violence to achieve Puerto Rico independence movement . . . ness. This is our ordinary responsi- their political objectives. This onus is not on us. The crime is colo- bility. There is no question that the Presi- nialism. . . . If Puerto Rico was not a colony So we meet on September 14 to dis- dent has the authority under the Con- of the United States, I would have had a to- cuss a lot of issues of importance. But stitution to grant pardons and re- tally different life. the American people have the right to prieves for offenses against the United Mr. Lopez-Rivera was convicted of ask us what we have done about our States. Once a pardon or clemency numerous charges, including weapons basic responsibility to pass the spend- offer is official, no one can reverse or violations and conspiracy to transport ing bills for the next year. The honest overturn the decision, not even the explosives with intent to destroy gov- answer is, of 13 bills, we have only Congress or the Supreme Court. Given ernment property. passed and had signed into law one bill, the magnitude of this power, the ques- Our judicial system also provides an and that is the military construction tion that should be asked is why the absolute right of appeal for criminal bill. All of the other activities of the President would use it to give con- convictions. Superseding the judicial Federal Government, frankly, are still victed terrorists an early release from system should be reserved for cases in in play. They are being debated on Cap- prison, especially the fact that Presi- which the facts are clear and the bene- itol Hill. It is a sad commentary on dent Clinton has reduced sentences in fits of release outweigh the dangers. those who manage the House and the only 3 out of 3,042 prior cases. That balancing test is not met in this Senate that we have not made more Hearings will be held in this body and case. progress. In fact, closer inspection sug- in the House of Representatives in the Many people have speculated that gests to us that there are some serious next few weeks, and they should ag- the President’s decision was an effort problems ahead. gressively question the administra- to woo the large Puerto Rican con- Anyone who followed the proceedings tion’s reasons for this act. These hear- stituency in New York where Mrs. last year knows that a similar situa- ing should explore how the clemency Clinton is likely to run for the U.S. tion led to a mountainous piece of leg- offer supports the State Department’s Senate. It is not too much to imagine islation called a continuing resolution. antiterrorism policy which states that that the Clinton administration would If I am not mistaken, it was some the United States shall ‘‘make no con- jeopardize our national security to 10,000 pages long and it was literally cessions and strike no deals and will court potential voters based on their dropped in our laps with 48 hours to go bring terrorists to justice for their record of politicizing federal agencies, and we had to read it, vote yes or no to crimes.’’ so I believe it should be examined dur- continue the operations of Federal The primary argument for clemency ing congressional hearings as a possible Government, and go home or stay here. appears to be that none of the 16 FALN motivating factor. It was chaotic. members were directly involved in any At a time when we have a Federal of the bombings. However, almost all of One of our government’s primary re- sponsibilities is to safeguard the free- Government and a Congress with a re- them were convicted for seditious con- sponsibility, a staff and resources, it is spiracy—the purpose of which was to dom and liberty of its people. Given the growing terrorist threat around the hard to imagine we are about to repeat wage a campaign of terror against the that scenario of last year. But it looks United States Government. Osama bin world, now is not the time to go easy on convicted terrorists. Over 700 people as if we are headed in that direction. Laden may not have lit the fuse that The sad fact is that one of the more died last year and more than 6,000 were detonated the bomb, but his participa- sinister games being played is that one wounded from the embassy bombings tion in a conspiracy to commit these of the most important spending bills in Kenya and Tanzania last year. The acts would be enough to incarcerate for American families—the bill that World Trade Center bombing and the him for life. In addition, the Clinton contains, for example, education spend- Oklahoma City bombing are fresh re- administration contradicts its tough ing for the United States of America— minders of the violence that can be stance on gun violence by releasing is being held hostage as the last spend- wrought by terrorists. Releasing ter- these terrorists, almost all of whom ing bill which we are going to consider. rorists before they serve their full sen- were convicted of various gun viola- As each appropriations bill that needs tence sends the wrong message and un- tions, including armed robbery. money comes along, it is taken from dermines our nation’s tough stance Another explanation floated by the this education and health bill and put against terrorism. administration is that the sentences ∑ into another bill. are too stiff. The President’s early re- Mr. DURBIN addressed the Chair. The day of reckoning is upon us in lease certainly changes that. Eleven of The PRESIDING OFFICER. The Sen- the not-too-distant future where we the convicted FALN members are now ator from Illinois. will face the possibility of another con- free. Two others will serve additional Mr. DURBIN. How much time re- tinuing resolution. time, and three others will be released mains on this debate? I am disappointed the Senate has not from paying the remainder of their The PRESIDING OFFICER. There responded to the challenge by the criminal fines. However, the sen- are 39 minutes remaining, with 161⁄2 President in his State of the Union Ad- tencing judge’s decision to order max- minutes remaining on the Senator’s dress and, frankly, challenge by the imum prison terms was based on the side. people of this country to address some S10814 CONGRESSIONAL RECORD — SENATE September 14, 1999 of the serious problems which we face. It needs to be equipped for computers. I yield back to my friend. I would Instead, we find ourselves tangled in a It needs the basics. love to hear his comments on the irony weave of budgetary deception where It is not alone. There are schools of this modern-day Republican Party the suggestion has been made this across America in need of moderniza- and this Senate essentially turning morning that there is going to be an tion. New schools need to be built. against what a wonderful Republican extension of the fiscal year to make it There will be more students than there President of the United States, Dwight 13 months long as opposed to 12 will be classrooms. Will we help school Eisenhower, said about education. months. districts across America? Will this Mr. DURBIN. I thank the Senator I believe it was Pope Gregory who Congress rally, as the President has from California. came up with this calendar which we asked, to help the school districts? The The fact of the matter is, I managed now use across the world. Now we have honest answer is no. We have not had to complete college because of the Na- a suggestion that is part of their effort any show of will by the Republican ma- tional Defense of Education Act, a bill to extricate themselves from this budg- jority to even address this. When we passed by Congress, signed by Presi- etary maelstrom. The Republicans are bring it up, they say: There you go dent Eisenhower, that allowed me as a going to somehow construct a 13- again, another new program. student from a working family to bor- month calendar. I will not go into all Does this strike anyone listening to row money from the Federal Govern- the possibilities that were mentioned the debate as a radical suggestion, that ment to pay my college education and in the earlier debate, but I will say our Federal Government lend a helping pay it back over 10 years at 3 percent that it is, frankly, evidence of their hand to school districts across America interest. What a deal. I would sign up failure to lead in the Senate and the so schools are safer, that they are more for it again. House of Representatives because we modern, that in the 21st century kids I hope those who were supporting it are in the closing weeks of the fiscal have a better chance to learn? The hon- and reflecting on it believe that invest- year not having met our obligation to est answer is, that is not radical; that ment in this kid from East St. Louis manage the Government and do it in is as basic as it gets in the United and a lot of other children like me paid an efficient manner. States of America. off for the country in the long haul. The President came to us many Mrs. BOXER. Will the Senator yield? I think President Eisenhower and months ago in his State of the Union Mr. DURBIN. I am happy to yield to Congress were correct in calling this Address suggesting some changes the Senator. the national defense. When you talk which we should consider in education Mrs. BOXER. I hate to break into the about the national defense of America, in America. I am sorry to report that, flow of thought, but in listening to my I think it has a lot more to do with the to my knowledge, there has been no friend from Illinois I am wondering if people who live here than the hardware hearings on the President’s proposals, he is aware that the first President to we purchase. The investment in edu- nor is there any likelihood that the call attention to the needs of education cation is such an investment. Think budgetary bills coming before us in the in modern American history happened back to the turn of the century. If you closing hours of the session will even to be a Republican named Dwight Ei- had to go back 100 years and ask, Will address these changes in education. senhower. Is my friend familiar with America be a dominant country in the Most of these changes are widely ac- his National Defense of Education Act? 21st century, most would guess no be- cepted and embraced by the American Mr. DURBIN. Yes. cause in the 19th century we were a people. Yet we find the Republican ma- Mrs. BOXER. I think it is an impor- minor power. jority in both the House and the Sen- tant point. The European powers captured the ate refusing to even consider them. We have a Republican Party today in attention of the world. We made some The idea of increasing the number of this Senate that is blocking the Senate threshold decisions at the turn of the teachers across America so classroom from taking action, as my friend has century that made a difference. I love size is reduced is one that every parent stated, on the 100,000 teachers, on this statistic: Between 1890 and 1920, on understands. You walk into a class- school construction, on afterschool, average, we built one new high school room of 30 kindergartners and one of which they say they support in one every day in America. For 30 years, a them is your child. You pray to God vote, and when it comes to putting new high school was built every day in there will be a few minutes each day money down, they are not there. towns across the country—no Federal where the teacher might be able to pay My friend says they call it ‘‘radical.’’ mandate, just the understanding that special attention to your son’s or President Eisenhower, when I was a if you had a town that was worth its daughter’s particular problems. The youngster in the 1950s, said we could salt, it would have a high school. High same is true in the first, second, and have all the missiles in the world on school wasn’t just for rich kids; high third grades when children are learning our side, we could have all the bombs school was for all kids. The kids of im- the basics in terms of math and read- and all the military people, but if we migrants, the kids of farmers, and the ing and such things that will build didn’t have an educated workforce that kids of small business people all went their education for the future. understood how to use the equipment, to school together in a public school The plebiscite President said 100,000 if we didn’t have an educated work- system. new teachers and reduce classroom size force to be productive, America What happened? We went from 6 per- across America and we will have better wouldn’t be what she must be, the lead- cent of 17-year-olds graduating high students, better graduates, a better er of the free world. school in 1900 to 1930, 30 percent, and workforce, and a better country. The I merely interrupted my friend to ask today, over 75 percent. Make no mis- American people said: We agree. Do him if he recalled that interesting fact, take, that commitment by America to something about it. As we stand here when Dwight Eisenhower said we had education, which created high schools, in September of 1999, 8 or 9 months to do something as a Federal Govern- which were then called ‘‘people’s col- later, nothing has been done—nothing. ment. Some people said, wait a minute, leges’’ because this was a chance for The President has already said—and I education is a State matter. He made a education beyond the eighth grade for think he is right—address the needs to couple of points: A, you can’t be a just average kids, led to college edu- modernize classrooms across America. strong leader if you don’t have edu- cation and a dramatic increase in the We had a press conference in Illinois cated kids; B, the States can’t do ev- number of scientists, engineers, and last week in Farmington, a small town erything; they need Congress to come doctors. It took America from Kitty near Peoria. in when there is a national problem. Hawk to the space program. The school there was built in 1908. It We can’t come in for every little thing, The obvious question is, Do we have is one of those battleship schools. I at- but if we don’t have enough teachers, the same commitment to education in tended similar schools that reflect the that is a national problem. Afterschool the future that the leaders in the 19th turn of the century commitment to is a national problem; early education, century, looking to the 20th century, education in America. However, the a national problem. had? I don’t hear it as I listen to the school needs help. It needs a new fire The States are saying they need our debate in the Congress. I don’t hear escape. It needs new electrical service. help. men and women of vision standing up September 14, 1999 CONGRESSIONAL RECORD — SENATE S10815 and saying in the 21st century our kids Classrooms adjourning each day at They came back and said: We have will have the same opportunities. 2:30 or 3 o’clock in the afternoon made given up on that idea. Maybe we will do There are some things we have to sense when Ozzie and Harriet were at it next year. commit ourselves to as a nation. That home with milk and cookies waiting I hope they have walked away from isn’t being done here. Instead, we lan- for the kids, but not in today’s Amer- it. But in abandoning that bad idea, guish in this debate, lost in the minu- ica. More parents are working; kids are why don’t they pick up on a good idea tiae about local control and forgetting going home to empty houses and get- like education? Why don’t they join us the big picture. The American people ting in trouble after school. in making certain the education fund- expect Congress to understand the One might ask, Why doesn’t the ing bill is one that really is a source of challenges our Nation faces for the schoolday reflect the family day where pride rather than a source of embar- next century. It is not reflected in the parents might get home at 5:30, 6 rassment. At this point, unfortunately, debate on the budget or in the appro- o’clock, or after? Some schools adjust we have seen that bill delayed. There priations bills. to that. Some schools provide that. have been absolutely no hearings on it We have talked about school mod- Some schools need help. We have yet to and absolutely no effort being made, no ernization, we talked about smaller come up with any suggestion here on initiative being shown, when it comes classroom sizes in K through 4. Let me Capitol Hill about afterschool pro- to improving education for the next discuss another critically important grams responsive to the needs of to- generation. topic: Quality teachers, men and day’s working families. I suppose tak- I think the American people rightly women who will become professional ing summer vacations off was an idea give us that responsibility and ask us teachers who are good at it—not to that made sense in my home State of to meet it. It is a responsibility that take what is left over from college or Illinois. After all, the kids did have to should be shared on a bipartisan basis. high school, but to take the very best go work on the farm. But out of a State The things I have suggested are not and brightest and put them in a class- of 12 million people, we only have 75,000 radical Democratic ideas. The things I room to spark in each kid that feeling farm families. Those children should be have suggested I think would appeal to of creativity and learning which those in another learning experience, another families of Democrats, Republicans, who are blessed to have such teachers supervised experience so they are bet- and Independents—all families who have experienced. Yet we don’t have ter students. If they are falling behind care about the future of their children. that commitment. in reading and math, let them have re- I yield the floor hoping the debate The President has said: Invest in medial work during the summer. If soon will turn to these issues such as teachers. Make sure they have a they are good students, give them en- education, issues which most American chance to have their skills improved. richment courses, teach them a musi- families consider to be one of our high- Hold them accountable for what they cal instrument, or something new est priorities. do in a classroom. But make sure to about science. Introduce them to com- bring these young men and women into f puters. All the options and possibilities the teaching profession. are there. Yet when you bring that up DEPLORING THE ACTIONS OF We can turn on the television almost PRESIDENT CLINTON REGARD- any night and see the expose´s about on Capitol Hill, you would think you were speaking a foreign language. Peo- ING GRANTING CLEMENCY TO education in America where, unfortu- FALN TERRORISTS—Continued nately, some people are in classrooms ple just cannot quite understand what The PRESIDING OFFICER. The Sen- and they shouldn’t be there. The vast we have to do with it. I think we have a lot to do with it. ator from Georgia. majority of teachers are good, hard- That this Congress has been so derelict Mr. COVERDELL. Will the Chair ad- working men and women. We can help when it comes to the issue of education vise the Senator the order of business? them improve their skills and keep The PRESIDING OFFICER. It is S.J. those who are not good out of the is a suggestion to me that we just don’t Res. 33. classroom with a commitment in get it. We are not listening to Amer- Mr. COVERDELL. This is the resolu- Washington that we just haven’t seen ican families who identify education as tion by Mr. LOTT, myself, and Mr. during the course of this year. their highest priority. We certainly are The last point I will make is on after- not reading history, which tells us edu- BROWNBACK, deploring the actions of school programs. I have been mystified cation made the 20th century the the President of the United States re- by the fact we are still caught up in a American century because of our com- garding the granting of clemency to mindset that is, frankly, old fashioned, mitment to education. terrorists called FALN? a mindset that says children start Make no mistake about it; other The PRESIDING OFFICER. That is school at the age of 6 and school lets countries around the world, in Europe, supposed to be the order, yes. out at 2:30 or 3:00 in the afternoon and in parts of Asia, are starting to move Mr. COVERDELL. I thought it was we take 3 months off in the summer. forward. These are tomorrow’s com- interesting to make note of the busi- This might have made sense at some petitors. These are the people with ness before the Senate at this moment. point in time. It doesn’t make sense in whom our children will have to be With that in mind, I yield up to 5 min- today’s America. Six years of age is a ready to do business and with whom utes of our time to the Senator from good age to put a child in a classroom, they will have to compete. If we are Kansas. but 5 is better; 4 may even be better. not prepared, they will pass us by. I The PRESIDING OFFICER. The Sen- There might even be learning experi- don’t want to see that happen to my ator from Kansas. ences for those younger who are now in children. I don’t want to see that hap- Mr. BROWNBACK. Mr. President, I a day-care setting. pen to this country. would like to talk about the business Ask any teacher, if they could add a The honest question we have to ask that is before the Senate because I year in education, where would they ourselves is, Does Congress get that think this is critically important. add it. It isn’t at the end of 12th grade message? If you look at the budget de- There were a number of allegations but at the beginning, kindergarten or bate, it is pretty clear to me we have made in the last speech that I think de- before. The teachers say: Give me a missed the point completely. We are serve to be refuted, but what is pres- chance to mold that child before they now entangled in this terrible budget ently before us, what has taken place, come into the classroom, and I will debate with the President. Thank good- is something that needs to be addressed show you a better person and a better ness the Republican Party has aban- before the American public. student. doned this $750 billion or $800 billion I rise in support of the resolution Yet our commitment to preschool tax cut for wealthy people. They took condemning the President’s actions in programs, our commitment to pro- that out in August. They were going to granting clemency to 16 terrorists. I grams for the earliest ages, just isn’t go home with it and explain to the want to be clear what I am talking there. We ignore it. We act as if it isn’t American people why this was the real about: 16 terrorists who were members a reality. We know it is. A younger important thing to do for America’s fu- of the Armed Forces of National Lib- child in a learning situation is a child ture. It fell on its face. It had about as eration, FALN. The President’s condi- more likely to be a good student. much popularity as the new Coca-Cola. tion for releasing these men was that S10816 CONGRESSIONAL RECORD — SENATE September 14, 1999 they would be willing to say they The PRESIDING OFFICER. The Sen- set degrees. Under that theory, bin would not use violence anymore. This ator from Georgia. Laden, responsible for planting the is a standard that I think would easily Mr. COVERDELL. Mr. President, bombs in Kenya and Tanzania, would be met by almost everyone in prison in how much time remains on our side? somehow be in a more favorable posi- America today. The condition is a The PRESIDING OFFICER. The Sen- tion. To put it another way, if you are sham. The FBI, the Justice Depart- ator from Georgia has 6 minutes and 40 a successful terrorist, you are going to ment, and the Bureau of Prisons all seconds. be in a lot more trouble than an unsuc- recommended strongly that these ter- Mr. COVERDELL. Mr. President, cessful terrorist because you were cap- rorists not be released. Yet the Presi- ever since the introduction of this reso- tured by the FBI before you set off the dent went ahead and released these ter- lution which basically put the Senate bomb. rorists. on record, if passed, we were deploring In this very booklet published by the The sad part about this is this ad- the action of the President commuting administration, it gives a definition of ministration claims to understand that the sentences of 16 known terrorists, in terrorism: ‘‘The term terrorism means terrorism is one of the greatest threats this timeframe, the White House so far premeditated’’—we have concluded facing America. And it is. We see that has refused to allow any of its rep- that—‘‘politically motivated vio- threat towards the United States being resentatives in the Department of Jus- lence’’—we have concluded that was posed and acted upon in many places tice, the Federal Bureau of Investiga- the case—‘‘perpetrated against non- around the world. It is only because of tion, its own White House, or the Bu- combatants’’—and I met the son who our own abilities that we have been reau of Prisons to testify before any was 9 years old when his father was able to stop some of this. Yet some of congressional hearing. It was as late as killed when he was simply having it has still gotten through. 9:30 p.m. last evening that the testifier lunch in New York as a noncombat- This act of the administration of re- from the Federal Bureau of Investiga- ant—‘‘by subnational groups or clan- leasing these terrorists will have the tion called our office to decline to tes- destine agents usually intended to in- effect of encouraging terrorism. They tify. In other words, there is a total fluence an audience.’’ are repeatedly telling us they are blackout at the White House. The point I am making is, all 16 bringing terrorists to justice and that The vote that occurred on the House whose sentences were commuted fit is a high priority. How is this act of re- side had 71 Members of the other side this definition to a T. They are terror- leasing terrorists compatible with of the aisle voting ‘‘I am here,’’ refus- ists. What does not match is the Presi- fighting terrorism? By his actions, the ing to make a statement. This debate dent’s violation of the terms of how we President is sending a message that, in in the Senate will have soon been 2 deal with such people when it says fact, he does not take terrorism seri- hours long. So far, on the other side ‘‘make no concessions’’ and he did, it ously, that it is OK to kill and maim there has been only one sentence dis- says ‘‘and strike no deals’’ and he did. American people. After all, the Presi- cussed about this national issue of the We can only hope and pray that law en- dent may pardon you even when there President commuting the sentences forcement officers who were involved is no petition of clemency before him. and releasing 16 known terrorists. One with this, families who were involved with this, are not now in harm’s way, This encourages terrorism. We should sentence in the entire debate has come or the judge who sat in the adjudica- be very clear about that. At a time from the other side. Mr. President, 71 tion of these cases and who was threat- when terrorism is a great threat to our of their Members in the House simply ened to be assassinated by these people peace and prosperity, at a time when voted they were in Washington, and as he conducted the trial of the 16. terrorism has touched everywhere in the White House has refused to make What a massive incongruity we face. this Nation, at a time when Americans any comment and refused to allow any We will shortly vote on this resolution. face terrorist threats all around the of the administration to testify. I very much hope this will be as suc- world, the last thing we should do is Mr. President, this book, ‘‘Patterns cessful as in the House so that inter- grant clemency to convicted terrorists. of Global Terrorism, 1998,’’ is published national terrorists, law enforcement I believe Congress should be standing by the State Department of the United officials who put their lives on the line up to tell the President, as well as the States. It was published in April of this every day, and the victims of these ter- Nation, that we strongly condemn par- year. On the first page it says: doning terrorists who have killed and rorists will understand that the peo- United States policy with regard to ter- ple’s branch, the legislative branch of shown no remorse whatsoever. What- rorism. the U.S. Government, thinks these are ever the reason the President took this And the first statement is: action, it is clear the pardon was not the rules of the road when you deal Make no concessions to terrorists and with terrorists, that you do not make based on the merits, and by carrying strike no deals. through with this he severely damaged concessions, that you do not make These 16 terrorists have been given our leadership in the world fight deals, and that they are apprehended the concession of being released from against terrorism. and, if apprehended, they are subse- The FALN carried out more violence prison, and the entire process was one quently harshly dealt with and impris- than any other terrorist group in the of dealmaking and negotiations among oned accordingly. United States. They pose a direct the White House and representatives of The Presiding Officer is signaling me threat to the safety of American citi- the terrorists and the terrorists. that my time is up. The PRESIDING OFFICER (Mr. zens on American soil everywhere. Yes, The question is the incongruity with the administration as well as our Gov- CRAPO). Time has expired. these convicted terrorists have spent Mr. COVERDELL. That being the some time in jail, but the acts these ernment’s policy with regard to ter- rorism. case, and no Senator from the other people committed were the most hei- side is here to speak on their version of nous and should not seem less so sim- The second premise is: Bring terrorists to justice for their crimes. the issue, I suggest the absence of a ply because of the passage of time. A quorum. fair court system found them guilty We are in the midst of sending 16 of Mr. INHOFE addressed the Chair. and punished them accordingly. Noth- them from prison out into the popu- The PRESIDING OFFICER. Does the ing they have done or said since then lation, again with no real assurance— Senator withhold his request? can justify their unsolicited release. in fact, we have already seen some Mr. COVERDELL. I withdraw my re- Making concessions to terrorists is signs that they would not recant ter- quest. wrong and it is very harmful to us as a rorist activities. The PRESIDING OFFICER. The Sen- country and as a people. In so doing, The President, in a rather tortured ator from Oklahoma is recognized. the President has made a mockery of effort to explain—that these folks were Mr. INHOFE. Mr. President, I ask all the administration’s tough talk not the ones who actually dropped the unanimous consent that I be recog- about terrorism and the need to com- bomb or fired the weapon has already nized to speak as in morning business bat it worldwide. This is an action that been alluded to by Senator HATCH, for up to 10 minutes. should be roundly condemned. chairman of the Judiciary Com- The PRESIDING OFFICER. Without I yield the floor. mittee—what they are trying to do is objection, it is so ordered. September 14, 1999 CONGRESSIONAL RECORD — SENATE S10817 Mr. INHOFE. I thank the Chair. conferences in Puerto Rico, saying: We So that is going out as a warning. I f want to stop the bombing that is tak- think it is time we take this whole ing place on this range; we want to de- thing very seriously and try, just for a GRANTING CLEMENCY TO activate the range. while, to get politics out of this process TERRORISTS Those individuals who are running which we have been discussing. Mr. INHOFE. Mr. President, I had for office in Puerto Rico are going one Lastly, yes, it is significant. We are been presiding and listened intently to step further. Right now, there are four talking about a President who has of- the debate that has been taking place. groups of protesters. These protesters fered clemency to a bunch of people, I have a couple of thoughts which I are down on the firing range, walking some terrorists, who have inflicted think have not been addressed. around where there are live ordnances crime on American citizens. When you For one thing, we recognize that this on the ground, picking them up, throw- stop and think about how the young has to have been politically inspired, ing them around, and someone is going people of America are looking at this that you do not offer clemency to to get killed. Consequently, having and saying, ‘‘Well, I guess there’s not known terrorists without some type of witnessed this, when I came back I anything wrong with participating in motivation to do so. If one has been wrote a letter and made a phone call to this kind of activity,’’ this is morally watching the media and if one has been Janet Reno, our Attorney General, to wrong, and it should be stopped. listening to this debate, one has to insist she apply the law to these tres- I yield the floor. come to the conclusion that it was po- passers to stop them from doing that. Mr. CRAIG addressed the Chair. litically motivated. There can be no I do not know what her motivation The PRESIDING OFFICER. The Sen- doubt about that. Of course, there are a is, but she refuses to do it, and she is ator from Idaho. lot of Puerto Ricans in the United selectively interpreting and enforcing Mr. CRAIG. I ask unanimous consent States and in some of the States such the law. I suggest that the Senator to speak up to 5 minutes in morning as New York, New Jersey, and Florida, from Utah was correct when he said business. perhaps, who could determine the out- the Attorney General is asleep at the The PRESIDING OFFICER. Without come of a vote. So we have politicians switch while the White House is run- objection, it is so ordered. catering to them. ning the Justice Department. We are Mr. CRAIG. Mr. President, the other I suggest to you, Mr. President, that allowing the White House to run the morning on the ‘‘Today’’ show—which while this is onerous enough, this is Justice Department insofar as clem- many of us wake up and listen to as it not happening in a vacuum because at ency is being offered to these terror- relates to the morning news or the the same time people are going after ists, but also running the Justice De- late-breaking events—there was a this voting block by offering clemency, partment by not enforcing the law in Puerto Rican terrorist who the day be- something else is going on right now, getting these people out of harm’s way. fore had just been released from prison something that not many people are I can stand on the Senate floor today under the clemency that President aware of, and that is, for the last 57 and say that I believe someone is going Clinton had granted him. years we have been able to use an is- to be killed, and when that someone is During that interview, he was con- land called Vieques off the shores of killed, it is going to be the fault of our sistently asked if he was remorseful, if Puerto Rico as a bombing range, as an Attorney General and her boss, the he was concerned about the lives of amphibious training base. This is clas- President, because they are selectively American law enforcement officers sified and characterized by the Navy, not enforcing the law at this time. that had been taken by him and other While it is bad enough we allow ter- as well as the ground troops, as an im- terrorists such as himself. In all in- rorists to go unpunished—we turn them perative area for our training and our stances, he did not answer. loose on society; we somehow fall into readiness. He went on to speak of the cause and this mindset that punishment is not a I guess what I am saying is, there is the movement and why independence deterrent to crime for political pur- no place else in the Western Hemi- was more important than anything poses—it is even worse, in my opinion, sphere we can use for this kind of else—independence as it relates to the to take away the one thing that is nec- training. It is high-altitude bombing Commonwealth of Puerto Rico, not his essary, the most significant, an impor- personal independence. But never once training and also amphibious training. tant training area, from our military did he speak in any tone that would What this also means is when we are in order to prepare to defend America. about to deploy a ship such as the So I think this thing has gone far suggest he was sorry, only that he was U.S.S. Eisenhower they will not be able enough, and I do believe it is politi- glad to be free. I think anyone who had to train because of a moratorium on cally inspired. I do believe that was the been imprisoned by a court and found training on Vieques. reason for the offer of clemency. I do guilty would want that. How does that relate to this subject believe that is the reason so many poli- I listened to him and grew increas- at hand? It relates directly in that the ticians right now are saying: Fine, ingly more angry—and I must use that reason we are having problems with we’ll go ahead and close the range. word ‘‘anger’’—at a President who is at the range which we have used success- One last thing on the range. I know this instant once again trying to have fully for 57 years and which is an im- this message will get out to the right it both ways on an issue that I know perative part of our state of readiness places when I say it. It is true that the the Presiding Officer and I are very is that it is unique, but they have people and the citizens of the island of concerned about—and that is the mis- stopped us from doing it through a Puerto Rico would like to have this use of second amendment rights in our moratorium because of the people of range deactivated. But they also at the country by citizens of our country. And the island of Vieques. There are only same time want to keep our facilities oh, by the way, that Puerto Rican ter- 9,000 residents on this island who are that are so significant in making con- rorist is an American citizen, is a cit- saying, all of a sudden: Well, we de- tributions to their economies, such as izen of the United States by birth in cided we don’t want to have bombing Roosevelt Roads. the Commonwealth of Puerto Rico. He on the far end of this island. As chairman of the Readiness Sub- was not a foreigner who knew nothing This island is over 20 miles long. The committee of the Senate Committee on about our law; he was an American cit- bombing range is way over on one side. Armed Services, I went out and told izen who violated a Federal firearms There is a buffer zone in between that them I am going to do everything with- statute. is a national park on which we have in my power—if they deactivate this When I say I speak with a certain spent literally millions of dollars to range; and are successful in doing this, amount of anger in me that we have a satisfy that handful of people who want through the White House and the President who is living up to his double us to abandon the range. President’s efforts—to do what we can standard reputation once again in the What do we have going on right now? to move those functions that take twilight days of his administration, he We have people who are running for place in Roosevelt Roads, to deactivate is coming to the American people and high office—and I do not think there is that and bring those back to various saying: Give me more Federal firearms any reason to mention who they are at installations in the United States that laws so I can enforce them and make this time—going in and holding press are only partially utilized. the streets of America safer. If we have S10818 CONGRESSIONAL RECORD — SENATE September 14, 1999 heard it once, we have heard it five The PRESIDING OFFICER. The S.J. RES. 33 times from the bully pulpit of the clerk will call the roll. Whereas the Armed Forces of National Lib- White House in the last 6 months: And The legislative assistant proceeded eration (the FALN) is a militant terrorist or- oh, by the way, to all you Americans to call the roll. ganization that claims responsibility for the who did not catch my sleight of hand, Mr. COVERDELL. Mr. President, I bombings of approximately 130 civilian, po- I want to release a bunch of terrorists ask unanimous consent that the order litical, and military sites throughout the for the quorum call be rescinded. United States; who were accused and found guilty of Whereas its reign of terror resulted in 6 violating Federal firearms laws and The PRESIDING OFFICER. Without deaths and the permanent maiming of dozens give them clemency. objection, it is so ordered. of others, including law enforcement offi- Mr. President, the American people Mr. COVERDELL. Mr. President, I cials; and this Congress are simply not that ask for the yeas and nays on S.J. Res. Whereas 16 members of the FALN were dumb. We know you live a double 33. tried for numerous felonies against the standard and that you speak it often- The PRESIDING OFFICER. Is there a United States, including seditious con- times for political purposes. And on sufficient second? spiracy; this one you got caught. But, because There is a sufficient second. Whereas at their trials, none of the 16 de- of the power of the office, you moved The yeas and nays were ordered. fendants contested any of the evidence pre- The PRESIDING OFFICER. The sented by the United States; ahead and done it anyway. Whereas at their trials none expressed re- For that I am sorry and wish we question is on the engrossment and morse for their actions; could pull that back. But at least, as a third reading of the joint resolution. Whereas all were subsequently convicted Senate, we can speak loudly, as the The joint resolution was ordered to and sentenced to prison for terms up to 90 House did, and force this President to be engrossed for a third reading and years; be honest with the American people, if was read the third time. Whereas not a single act of terrorism has not for just a moment because he has The PRESIDING OFFICER (Mr. been attributed to the FALN since the im- not been honest with us. SANTORUM). The joint resolution hav- prisonment of the 16 terrorists; So, Mr. President, if you want to ing been read the third time, the ques- Whereas no petitions for clemency were tion is, Shall the joint resolution, as made by these terrorists, but other persons offer clemency, when somebody is sought such clemency for them; found guilty of the misuse of Federal modified, pass? Whereas on August 11, 1999, President Wil- firearms laws, then do not come to this The yeas and nays have been ordered. liam Jefferson Clinton offered conditional Senator or this Senate and ask for The clerk will call the roll. clemency to these 16 terrorists, all of whom more Federal firearms laws with which The legislative assistant called the have served less than 20 years in prison; you can play. roll. Whereas the Federal Bureau of Investiga- I find myself on the floor more often Mr. NICKLES. I announce that the tion, the Federal Bureau of Prisons, and 2 than I would like defending the second Senator from Arizona (Mr. MCCAIN) United States Attorneys all reportedly ad- amendment. But I find it necessary and and the Senator from New Hampshire vised the President not to grant leniency to the 16 terrorists; responsible as a Senator who takes an (Mr. GREGG) are necessarily absent. Mr. REID. I announce that the Sen- Whereas the State Department in 1998 reit- oath of office to uphold our Constitu- erated two longstanding tenets of counter tion because I believe the second ator from Florida (Mr. GRAHAM) is nec- terrorism policy that the United States will: amendment is, in fact, a constitutional essarily absent. ‘‘(1) make no concessions to terrorists and right in this country. But I have been The result was announced—yeas 95, strike no deals’’; and ‘‘(2) bring terrorists to very cautious in directing or steering nays 2, as follows: justice for their crimes’’; the Senate in the crafting of new Fed- [Rollcall Vote No. 273 Leg.] Whereas the President’s offer of clemency eral firearms laws to make sure that YEAS—95 to the FALN terrorists violates longstanding tenets of United States counterterrorism we do not take away from those funda- Abraham Enzi Lugar policy; and mental constitutional rights, and yet Allard Feingold Mack Ashcroft Feinstein McConnell Whereas the release of terrorists is an af- the President wants sweeping new Baucus Fitzgerald Mikulski front to the rule of law, the victims and power in those areas and then wants to Bayh Frist Moynihan their families, and every American who be- arbitrarily and politically decide when Bennett Gorton Murkowski lieves that violent acts must be punished to to forgive and forget. Biden Gramm Murray the fullest extent of the law: Now, therefore, Sorry, Mr. President, this time you Bingaman Grams Nickles be it Bond Grassley Reed Resolved by the Senate and House of Rep- do not get it both ways. Fool me once, Boxer Hagel Reid Breaux Harkin Robb resentatives of the United States of America in my fault; fool me twice, no, I think Congress assembled, That making concessions not. That is what is happening. I am Brownback Hatch Roberts Bryan Helms Rockefeller to terrorists is deplorable and that President glad the American people have finally Bunning Hollings Roth Clinton should not have granted clemency to caught on. Burns Hutchinson Santorum the FALN terrorists. Byrd Hutchison Sarbanes I yield the floor and suggest the ab- Mr. SMITH of Oregon addressed the sence of a quorum. Campbell Inhofe Schumer Chafee Inouye Sessions Chair. The PRESIDING OFFICER. The Cleland Jeffords Shelby The PRESIDING OFFICER. The Sen- clerk will call the roll. Cochran Johnson Smith (NH) ator from Oregon. The legislative assistant proceeded Collins Kennedy Smith (OR) Mr. SMITH of Oregon. Mr. President, to call the roll. Conrad Kerrey Snowe Mr. HUTCHINSON. Mr. President, I Coverdell Kerry Specter I ask unanimous consent that I be al- Craig Kohl Stevens lowed to speak briefly as in morning ask unanimous consent that the order Crapo Kyl Thomas for the quorum call be rescinded. Daschle Landrieu Thompson business. The PRESIDING OFFICER. Without DeWine Lautenberg Thurmond The PRESIDING OFFICER. Without Dodd Leahy Torricelli objection, it is so ordered. objection, it is so ordered. Domenici Levin Voinovich f Dorgan Lieberman Warner f Durbin Lincoln Wyden DEPLORING THE ACTIONS OF THE Edwards Lott THE PEOPLE OF RURAL OREGON AND THE STEENS MOUNTAIN PRESIDENT CLINTON REGARD- NAYS—2 ING GRANTING CLEMENCY TO Mr. SMITH of Oregon. Mr. President, Akaka Wellstone FALN TERRORISTS—Continued last week I spoke in this Chamber of NOT VOTING—3 Mr. HUTCHINSON. Mr. President, I the damage that has been inflicted by ask unanimous consent that the time Graham Gregg McCain this administration upon the people during the future quorum calls be The joint resolution (S.J. Res. 33), as and communities of rural Oregon. I charged to the minority side. modified, was passed. spoke specifically about communities The PRESIDING OFFICER. Without The preamble, as modified, was such as John Day and Roseburg, com- objection, it is so ordered. agreed to. munities where the failure of this ad- Mr. HUTCHINSON. Mr. President, I The joint resolution, with its pre- ministration to keep its word with re- suggest the absence of a quorum. amble, reads as follows: gard to timber harvests has brought September 14, 1999 CONGRESSIONAL RECORD — SENATE S10819 great harm to families, communities, zens; we need to trust those with the ney County is in much better hands schools, and to their roads. wisdom of the bureaucracy in the belt- with the folks who live there—folks I am grateful to this Senate and the way. Such a designation, as he pro- such as County Commissioner Dan Senator from Washington for his lead- posed, would have far-reaching im- Nichols and ranchers such as Fred ership on this issue and voting last pacts, not only on the future of the Otley and Stacey and Elaine Davies— week to put the interests of children mountain but on the future of those than it is, than it ever will be, in the and families above a survey of fungus, who live and work in its shadow. hands of Federal bureaucrats who re- snails, and slugs. Such an announcement would run side within the beltway. I return to the floor today to share counter to the significant efforts of the Mr. President, I yield the floor. with my colleagues a story about an- Southeastern Oregon Resource Advi- Mr. GORTON. I suggest the absence other rural Oregon community, one sory Council. It is known locally as the of a quorum. that is facing an uncertain future be- RAC. The council is made up of individ- The PRESIDING OFFICER. The cause of possible actions by this admin- uals from conservation groups, re- clerk will call the roll. istration. source groups, public bodies, and Fed- The legislative assistant proceeded I traveled this past weekend to the eral agencies that have assumed the re- to call the roll. community of Burns, OR, in Harney sponsibility of exploring the proposal Mr. SMITH of New Hampshire. Mr. County. Harney County is small in pop- for a Steens Mountain National Con- President, I ask unanimous consent ulation and large in area. About 8,000 servation Area. This cooperative ap- that the order for the quorum call be people live in this county. It is roughly proach is the type of open and public rescinded. the size of the State of Massachusetts. process that I support and one that The PRESIDING OFFICER (Mr. It includes part of the largest Pon- should be supported by this adminis- VOINOVICH). Without objection, it is so derosa pine forest in the whole Nation. tration. But this group now labors ordered. It includes over 100,000 head of beef cat- under the certainty that, no matter Mr. SMITH of New Hampshire. Mr. tle on vast open ranges. It includes the what they decide, a decision has al- President, I ask unanimous consent for Steens Mountain. ready been made here that the admin- 5 minutes as in morning business. I would like to speak to you about istration will make a designation. The PRESIDING OFFICER. Without the Steens Mountain and what this ad- I plan to meet with Secretary Bab- objection, it is so ordered. ministration proposes to do with it. bitt in the very near future. I hope to f Let me begin by saying that to fly do it with my colleague from Oregon over the Steens Mountain, and to tour and Congressman WALDEN who rep- THE ‘‘13TH MONTH’’ it on the ground and from the air, as I resents this area. When we do, we will Mr. SMITH of New Hampshire. Mr. did last Saturday, is to see some of the share the frustrations expressed to President, earlier today, there was most breathtaking scenery in this each of us by citizens of Harney County quite a bit of colorful rhetoric and country or any other; and to stand on when we have visited there. They have blustering on the floor by the Demo- the ridgetops of the Steens is to view asked me why this administration is cratic Party about reports in the Wash- unspoiled vistas of the Kiger Gorge, the trying to impose a solution where ington Post today that Republicans Alvord Desert, and other true national there is no problem. The old adage that were going to create a ‘‘13th month’’ to treasures. From its peak you can see this is ‘‘a solution looking for a prob- allow more spending on education and the States of Idaho, Nevada, California, lem’’ has never been more true than other programs. and nearly all of Oregon. It is a very when applied to the Steens Mountain. Lest I be accused of partisanship, I They asked me why this administra- special place. think many of you know I am an Inde- tion does not trust them to continue The Steens Mountain has remained pendent. So those who say I am going with their excellent management tech- unspoiled for one simple reason: The to speak on behalf of Republicans, I niques and innovative practices that people of Burns and Harney County guess, would technically be wrong. I have been at the heart of their stew- love Steens Mountain. Through unique don’t pretend to speak for the Repub- ardship. They asked me why this ad- partnerships between the Bureau of licans, and I am not privy to what was ministration would be promoting a des- Land Management and private land said in any meetings with the Repub- ignation that would undoubtedly bring owners, who own almost 30 percent of licans regarding the so-called 13th more visitors to the area, thereby month. But let me speak for myself as the mountain, they have found a for- harming the very environment they an Independent and say I don’t support mula that has worked. Harney County supposedly seek to protect. And they a 13th month for any fiscal year. residents take great pride in their asked me if the Secretary’s promise to But in their effort to be partisan and stewardship of the mountain that one work with them in the months ahead embarrass Republicans over what was rancher referred to, to me, as a ‘‘tough was real or whether this administra- probably a mischaracterization, in my old girl.’’ At the heart of their steward- tion has already made up its mind. ship is the commonsense principle of I would also like to put on the view, in a liberal newspaper, my Demo- multiple use. Record the taunting that is being made crat colleagues failed to address the Their pride is very justifiable. Ac- to the administration by some mem- key issue, which is, where do you come cording to the Bureau of Land Manage- bers of the environmental community up with the money to fund all of these ment, over the past 30 years essentially from organizations that support more programs? 100 percent of upland and riparian con- Federal involvement on the Steens In their zeal to make partisan points ditions on the Steens Mountain that Mountain. It was said in the open, in and poke fun—and they did have a good needed improvement has, in fact, been the presence of the media, that Sec- time—they failed to offer any construc- improved. retary Babbitt and this administration tive solution. If you are going to poke I traveled to the Steens in response were being urged to find a legacy other fun and make jokes about the 13th to a trip that Secretary of the Interior than the impeachment scandal. They month headline, what are your alter- Bruce Babbitt made there several were literally saying: Grab private natives? My guess is they would prefer weeks ago. After touring the mountain land, and you can grab a better legacy to use the same budget tactics they and praising what had been accom- for yourself. They were urging a have been using for about 50 years. The plished by local citizens, Secretary version of a domestic ‘‘wagging of the result of those budget tactics over the Babbitt also announced that only dog.’’ past 50 years has been to run up the na- Uncle Sam could be trusted with the I pray that this is not so because this tional debt to where it is almost $6 tril- future of the mountain. He said that is not the basis for good land manage- lion, raid the Social Security trust before this administration left office, ment. Oregon does not need such an in- fund, and in order to do it all raise he wanted to designate the mountain sult as was being urged upon this ad- taxes. as a national conservation area or as a ministration by some in the environ- Every year, we do this. Every year, national monument; no matter what mental community. the train comes down the track and had been done before and how well it The bottom line is that I believe the usually has a wreck. We spend, spend, looked, still we cannot trust local citi- future of the Steens Mountain in Har- spend, spend, and then we get to the S10820 CONGRESSIONAL RECORD — SENATE September 14, 1999 end of the year and we act as though Mr. President, I yield the remainder at this point. Whenever the chairman there is some magic budgetary goblin of my time. of the Subcommittee on Transpor- running around eating up money and I suggest the absence of a quorum. tation wants to start his bill, he can do we invent these tricks to try to figure The PRESIDING OFFICER. The so. I will ask him for the right to inter- out how to break the budget, while we clerk will call the roll. rupt at some point when I am ready still tell constituents we balance it. It The bill clerk proceeded to call the with the managers’ amendment and is pretty outrageous. We use every roll. present it then. I see no reason to keep budgetary gimmick we can find: for- Mr. LAUTENBERG. Mr. President, I the Senate from moving forward now. ward funding, emergency designation, ask unanimous consent that the order I yield the floor and I suggest the ab- baseline budgeting. You name it, you for the quorum call be rescinded. sence of a quorum. have heard it. Now we have ‘‘13th The PRESIDING OFFICER. Without The PRESIDING OFFICER. The month.’’ objection, it is so ordered. clerk will call the roll. For those of you who may be listen- f The bill clerk proceeded to call the ing or watching right now, when you roll. PRIVILEGE OF THE FLOOR hear those terms, my advice would be Mr. SHELBY. Mr. President, I ask to hang on tightly to your wallet be- Mr. LAUTENBERG. Mr. President, I unanimous consent that the order for cause the story is, if a Democrat has a ask unanimous consent that Denise the quorum call be rescinded. vision, it is probably focused right on Matthews, a fellow on the staff of the The PRESIDING OFFICER. Without your wallet, and that is what is hap- Appropriations Committee, be granted objection, it is so ordered. pening now. They are having fun with the privilege of the floor during the de- f this 13th month, but they have that bate on H.R. 2084 and the conference re- UNANIMOUS CONSENT luxury because they are in the minor- port thereon. AGREEMENT—H.R. 2084 ity. I suppose you can say, technically, The PRESIDING OFFICER. Without so am I, but on this point I am siding objection, it is so ordered. Mr. SHELBY. Mr. President, I ask with the Republicans. They didn’t in- Mr. LAUTENBERG. Thank you, Mr. unanimous consent that the Chair lay vent budgetary gimmickry. President, and I note the absence of a before the Senate H.R. 2084, the House- Insofar as this Congress intends to quorum. passed fiscal year 2000 Transportation use smoke and mirrors to secretly fund The PRESIDING OFFICER. The appropriations bill, that all after the more rather than less unconstitutional clerk will call the roll. enacting clause be stricken, and the programs, I don’t intend to be a part of The bill clerk proceeded to call the text of S. 1143, as modified by striking it. Our Founding Fathers would be roll. sections 321 and 339, be inserted in lieu ashamed of this whole debate for sev- Mr. GORTON. Mr. President, I ask thereof, that the amendment be consid- eral reasons: unanimous consent that the order for ered as original text for the purpose of No. 1, they didn’t intend for us to bal- the quorum call be rescinded. further amendment, and that points of ance our budget using accounting The PRESIDING OFFICER. Without order against any provision added tricks and elongated fiscal years. objection, it is so ordered. thereby be preserved. No. 2, they didn’t intend for us to f The PRESIDING OFFICER. Is there burden our children with trillions of objection? DEPARTMENT OF THE INTERIOR dollars in debt—trillions. The Senator from Rhode Island. AND RELATED AGENCIES APPRO- No. 3, they didn’t intend for us to Mr. CHAFEE. Mr. President, I object PRIATIONS ACT, 2000—Continued spend billions of dollars on education temporarily. I believe strongly that programs that should be handled at the Mr. GORTON. Mr. President, I have this legislation impinges in the area of State and local level. now cleared the following request. jurisdiction of the Environment and My colleague, Senator GORTON, has I ask unanimous consent that no fur- Public Works Committee, and we will been very instrumental on initiatives ther amendments be in order to the be discussing that further on. I do to try to bring that spending back to pending Interior bill other than the thank Senator SHELBY for the time he the State and local level where it be- managers’ amendment or amendments has given us in connection with this longs. So as perhaps the only non- on motions relative to the Hutchison overlapping jurisdiction—I should not partisan person in the Senate right royalties amendment. even say overlapping jurisdiction—we now, let me offer a solution. It is pret- The PRESIDING OFFICER. Is there think is impinging upon the areas that ty simple. I have a way that we can objection? Without objection, it is so belong within the jurisdiction of the support the Constitution, balance the ordered. Environment and Public Works Com- budget, and not use any budgetary Mr. GORTON. Mr. President, I should mittee. tricks at all. It is very simple: Don’t like to make the following announce- However, despite the fact that we spend the money. ment. We will have that managers’ have had numerous meetings—our The Department of Education is bil- amendment—I think there is only one staffs with his staff, myself to some ex- lions of dollars worth of unconstitu- that is possible; it may be in two sec- tent with Senator SHELBY—we have tional infringements on State and local tions—ready within the next half hour not been able to resolve these issues. I authority. Don’t spend the money, if or so to present. It does represent an believe the unanimous consent request the Democrats don’t want the Repub- accommodation of the requests of that the Senator has just propounded licans using budgetary tricks, the Re- many Members, with the under- will solve the problem as far as moving publicans don’t want to break the standing of all Members. into the major difficulty in jurisdiction budget caps, and the founders don’t I think it will take only a very few I will outline later. want us funding unconstitutional pro- minutes to present and to have it ac- I know the ranking member of the grams. So let’s abolish the Department cepted. At that point, we will have Environment and Public Works Com- of Education. Then we can go back only the Hutchison amendment out- mittee is here, and he also has some home to our school districts and say: standing. The majority leader has re- difficulties with the jurisdiction that You now have the constitutional au- served the right to ask for reconsider- has been assumed by the Transpor- thority you had in the first place to ation of the cloture motion that was tation Appropriations Subcommittee. educate your children the way you defeated yesterday. I suspect when he The PRESIDING OFFICER. The Sen- choose—home school, private school, chooses to do that, we will in a rel- ator from Montana. public school, whatever. By the way, atively short period of time finish de- Mr. BAUCUS. Mr. President, reserv- you have more money to spend and the bate and dispose of the Hutchison ing the right to object, and I will not, budget is balanced. amendment one way or another and I appreciate the indulgence of the Very simple. Nothing complicated. then go to final passage of the Interior Chair and my colleagues for a very So let me say the best way to end all appropriations bill. brief statement. the budgetary gimmickry is don’t That means, as far as I am con- Those of us who were here and those spend the money. cerned, I am going to vacate the floor of us who were not here but certainly September 14, 1999 CONGRESSIONAL RECORD — SENATE S10821 have an idea about it remember the ef- still, the Transportation Appropria- Second, here is another real concern fort that was put into passing TEA 21, tions Committee basically just spends I have. If the Appropriations Com- the highway bill, a couple of years ago. it. That is what it does. mittee is rewriting the highway bill, Many Senators worked very long and There is a provision in the highway then it is going to become political; the hard. bill, TEA 21, which says this: Any addi- majority party is going to be deter- I see the ranking member of the sub- tional money that comes into the high- mining the provisions in the highway committee, Senator LAUTENBERG; the way trust fund—unanticipated addi- bill. There will not be a bipartisan allo- chairman of the Subcommittee on tional money, presumably on account cation of highway dollars; it will be a Transportation, Senator SHELBY; Sen- of a growing economy; and our econ- majority party allocation of highway ator BYRD mightily helped put to- omy has grown—will then be allocated, dollars. gether a massive highway bill, other- to the degree it is allocated, back to With all due respect, this is not an wise known as TEA 21; Senator WAR- the States in the same way the high- abstraction; this has happened in the NER of Virginia; and, of course, the way bill itself was put together; that concrete. In fact, the bill that was chairman of the committee, Senator is, a certain percent under CMAQ, a about to come to the floor did just CHAFEE. I assisted; Senator MOYNIHAN certain percent under service transpor- what I feared would happen; namely— helped a lot; the majority leader, Sen- tation, a certain percent under min- not the highway part but the mass ator LOTT. We had many meetings in imum guarantees, a certain percent to transit part—the committee rewrote Senator LOTT’s office trying to put to- public lands, et cetera; and in the same the bill, which took many dollars away gether all the provisions of the high- way. from two States, California and New way bill. It turns out that because of the addi- York. It does not take much imagina- As one might guess, it is extremely tional gasoline taxes in the last year as tion to figure out whether the Senators complex. There were the Northeast a consequence of a prosperous econ- from those two States are in the ma- States that had a certain point of view omy, there is an additional $1.5 billion jority party or the minority party. as to how the dollars should be allo- that is to be allocated under the high- I am just very concerned we are cated; the Western States thought they way bill according to the way the high- going to set the precedent of the Trans- did not get a fair deal in the previous way bill was put together. So there are portation Appropriations Sub- 6-year highway bill known as ISTEA; no changes. committee, A, rewriting the highway the Southern States. Then there were It turns out, with all due respect to bill, which is bad because it takes a donee and donor States. There were the Transportation Appropriations long time to plan these projects, and groups that wanted more so-called Subcommittee, they have decided to upsetting the apple cart which took a CMAQ money. That is money that goes change the highway bill, to rewrite it, lot of effort to put together—I men- to areas to help them mitigate against and, rather than to have the money tioned Senators BYRD, WARNER, pollution in their cities caused by spent as provided for in the highway CHAFEE, LOTT, and all of us—to try to automobiles and trucks. There were en- bill, to instead take all of that work to put all the pieces together, but hancement funds. Enhancement funds money—instead of, say, 10 percent as also because the majority party is are for bikeways and other associated provided for under the highway bill going to be sorely tempted to be polit- highway programs. There was research under certain discretionary programs ical; that is, to give dollars to the and development. There were intel- and 90 percent under the core highway States of the majority party but not ligent highway systems. There were programs—they take it all and put it dollars to the States of the minority public lands. There were discretionary under the core highway programs. I party. That might change. It might be funds. There was park money. You think that is very dangerous. It is a the Democrats who are in the major- name it. There were lots of competing very dangerous precedent. ity. Then that precedent will be set. interests that were put together a cou- First of all, it is legislation on an ap- That is not a good precedent. We ple of years ago. propriations bill. It is rewriting, adding should instead just do what is right. We finally put together a highway legislation on an appropriations bill. I will sum up by saying it is true that bill, and it passed on a bipartisan basis, Second, it is a precedent of the Appro- every State will get a few more dollars a large vote: 89 Senators voted for it priations Committee of, in effect, re- under the rewrite by the Appropria- after much gnashing of teeth about writing the program. tions Committee. It averages about .35 what we were going to do with the 4.3 I grant you, this is a small matter. percent. Gee, every State is getting a cents that was otherwise set aside for As a consequence of the Appropriations few more dollars—not many—so why debt reduction in a previous Congress. Committee’s action, instead of $1.4 bil- not support it? My point is, it is only a We finally decided that was going to go lion going to the core programs, $1.5 few dollars. It is not going to really af- to the highway program. billion is going to the core programs. fect the States much at all. But it is Our basic principle we agreed to was The additional that is going to the core the principle of going down the slip- that all Federal gasoline taxes paid programs does not go to the various pery slope of rewriting the highway bill would go to the highway fund, and programs I mentioned. without hearings, without any field from the highway fund that money all You might ask: Gee, what is the big hearings and hearings here in the Sen- goes back out to the States in the form deal? That is only about $120 million. ate. The EPW Committee has not had of related highway programs, all fund- The big deal is this. First of all, it is hearings on this subject. The Appro- ed with the gasoline tax. That was a not much money, $1.5 billion versus priations Committee has not had hear- major statement that TEA 21 made, $1.4 billion. Second, it is a big prin- ings on this subject. the highway bill we passed a couple ciple, because once we start down this Just basically, it is political. I will years ago. slippery slope of the Transportation not object at this point, but at the ap- It has worked quite well. On average, Appropriations Committee rewriting propriate time various Senators will be States got about a 40-percent increase the highway bill and how dollars are making this point. I very much hope each year compared with the previous 6 allocated among States, then we are that when the point is made at the years; some States a little more, some going to be tempted in following Con- proper time, the Senators will very less; but in the whole scheme of things gresses to take a bigger bite of the deeply consider this in a thoughtful it worked out quite well: On average, a apple to redistribute even more. way, because sometimes what you do 40-percent increase each year compared Why is that a problem? That is a in the short term, for short-term grati- to the prior year. problem because highway programs fication, comes back and is harmful in This year we are considering the take time. State highway departments the long run. I do think in this case it Transportation appropriations bill, the must plan ahead. It takes 2 or 3 years, is better to think a little bit more appropriations bill which basically from conception to design, to bid let- about the purpose of the bill. says: OK, this money that is in the ting, to construction, to build high- I thank the Senators for indulging highway program, although there is ways or to resurface. It is not a spigot me. contract authority that says the you just turn on and off yearly. It The PRESIDING OFFICER (Mr. money has to be spent on highways, takes time. SMITH of Oregon). Is there objection? S10822 CONGRESSIONAL RECORD — SENATE September 14, 1999 Mr. SHELBY. I would like, first, to than 20 times the available funds was railroads. This is 6 percent more than modify my unanimous consent request. the Transit Equity Provision. last year’s level of funding and is I think it might be best that I restate This measure, which I included in the greater than the administration’s re- it, if I may. original subcommittee mark of the quest. The PRESIDING OFFICER. Go right bill, would have limited the amount of This bill respects the Highway and ahead. transit capital funds any single State Transit firewalls that TEA–21 imposed. Mr. SHELBY. Mr. President, I ask could receive in fiscal year 2000 to no I would like to point out to my col- unanimous consent that the Chair lay more than 121⁄2 percent of the total. leagues that we adhered strictly to the before the Senate H.R. 2084, the House- The two states that receive the lion’s TEA–21 firewalls, even though outlays passed fiscal year 2000 Transportation share of national transit funds—30 per- will be greater than the amount antici- appropriations bill, that all after the cent of the total in fiscal year 1999—are pated when Congress enacted TEA–21. enacting clause be stricken and the California and New York. By providing the funds above the text of S. 1143, as modified by striking The provision would have redistrib- firewall level, there were fewer dollars section 321, be inserted in lieu thereof— uted any transit capital funds appro- available to fund other priorities with- being amendment No. 1624—that the priated to these two states in excess of in the subcommittee’s jurisdiction, in- amendment be considered as original 121⁄2 percent to the remaining 48 states. cluding the Coast Guard and FAA. text for the purpose of further amend- This would have resulted in approxi- I believe this illustrates the pitfalls ment, and that points of order against mately $5 million more for every other of trying to manage annual outlays in any provision added thereby are pre- state, for their own transit programs— multi-year authorization legislation served. while New York and California would and is one of many reasons the Senate The PRESIDING OFFICER. Is there still have received more than $693 mil- should reject a proposal to establish objection? lion each. more budgetary firewalls around trust Mr. CHAFEE. A question, if I might. Last Thursday, however, the Senate fund accounts. The PRESIDING OFFICER. The Sen- failed to reach cloture on the motion I yield to my colleague under the ator from Rhode Island. to proceed to the transportation appro- unanimous consent agreement, the sen- Mr. CHAFEE. Mr. President, it is my priations bill if it included the Transit ior senator from New Jersey, the rank- understanding that this is the language Equity Provision, and I have agreed to ing member of the Transportation Ap- that has been worked out with our side. strip the provision from the bill in propriations Subcommittee. Mr. SHELBY. That is exactly right. order to move this legislation forward. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without The equity provision is not central to ator from New Jersey is recognized. objection, it is so ordered. the appropriations bill. The total pro- Mr. LAUTENBERG. Mr. President, (The text of amendment No. 1624 is gram funding levels, which are set at first, I thank my colleague and friend, printed in today’s RECORD under the TEA–21 firewall limits, remain un- Senator SHELBY, for having managed a ‘‘Amendments Submitted.’’) changed. I included the provision to very difficult problem with, frankly, f help create more room within those to- less money than the amount we think tals for the national transit program. transportation in this country de- DEPARTMENT OF TRANSPOR- My colleagues have written to me serves. We are entering a new century. TATION AND RELATED AGEN- with new start project requests total- It is hoped that we are going to be able CIES APPROPRIATIONS ACT ing $2.84 billion and with bus project to continue the prosperous and vig- The PRESIDING OFFICER. The requests totaling $1.8 billion. orous economy we now see. I think if clerk will report the bill by title. If the appropriations bill honors all there is one place where our funding al- The legislative assistant read as fol- the current and anticipated full fund- locations are deficient—and I believe lows: ing grant agreement projects and the they are deficient in many—transpor- A bill (H.R. 2084) making appropriations bus earmarks for fiscal year 2000 that tation heads the list. It is necessary to for the Department of Transportation and were included in the TEA–21 authoriza- have the kind of infrastructure that related agencies for the fiscal year ending tion, we have left only $96 million in will propel us into continuing leader- September 30, 2000, and for other purposes. new starts funding and $235 million in ship in the 21st century, starting with The Senate proceeded to consider the bus funding—to accommodate not only transportation. bill. the billions of dollars’ worth of re- We see crowding in every mode of Mr. SHELBY. Mr. President, just for quests from my colleagues in the Sen- transportation—aviation; the skies are a few minutes I would like to address ate, but also the earmarks that have jammed. The highways are congested. some of the overview, as I see it, of this been included in the House transpor- They are spewing contaminated air all Transportation appropriations bill. tation appropriations bill. over the place, and our transit systems Mr. President, after being delayed by This task is beyond challenging: It is are operating well above capacity. So I the objection to the Transit Equity impossible. There is no way to begin to approach this bill with less than total Provision, I am pleased that the Senate satisfy the demand for discretionary satisfaction because we, frankly, could will finally have the opportunity to transit capital funds. I do not want this have used more funds. I will discuss consider the fiscal year 2000 transpor- fact to catch my colleagues by sur- those for a minute. tation appropriations bill. Although prise. I have served on the Transportation the subcommittee’s funding allocation I bring this bill to the Senate floor Appropriations Subcommittee for more is tight, I believe we are presenting the today without the Transit Equity Pro- than 14 years. As they say, time flies Senate with a balanced approach to vision. By engaging in a lengthy and when you are having fun. I chaired the meeting our Nation’s transportation public debate on this issue, as well as a subcommittee for 8 years, and I have needs by providing adequate funding recorded cloture vote, I hope that my also had the pleasure of serving under for all modes of transportation. colleagues are now more aware of the other subcommittee chairmen includ- At the same time, the senior Senator pressures on this account nationally, ing Mark Andrews, Mark Hatfield, who from New Jersey, Mr. LAUTENBERG, and and that they better understand why I was a dear friend and inspired leader, I have gone to great lengths to craft a have so actively sought a way to pro- and, most recently, RICHARD SHELBY. bill that I believe accommodates the vide funds for what I thought were my Senator SHELBY, as his predecessors, requests of Members and funds their colleagues’ transit priorities. has been attentive to the issues. He has priorities. The bill honors our commitment to consulted carefully with the minority The current fiscal constraints were increase the flow of federal funds for members of the subcommittee. When it especially felt in the transit account, construction to improve infrastructure comes to funding levels included in where demand for mass transit systems throughout the nation. this bill, Senator SHELBY has done the is growing in every State. But funding Within the framework of a $49.5 bil- best he could, given the very limited is fixed by the TEA 21 firewall. My pro- lion total bill, $37.9 billion is provided resources allocated to this sub- posal for managing an account in for infrastructure investment in high- committee. And though I wish we had which Members’ requests were more ways, transit systems, airports, and more money, I am supporting this bill, September 14, 1999 CONGRESSIONAL RECORD — SENATE S10823 even with the limitations placed upon levels have been increased, there is no airline passengers in this country, and us, because of the efforts by Senator funding in the subcommittee’s alloca- I also thank my longtime friend, Sen- SHELBY. tion to fund even part of them. ator LAUTENBERG, who has spent a When you consider the fact that this These are difficult funding cuts. But great deal of time with me on this appropriations bill is going to usher in despite these cuts, I support this bill. issue over the last few months. The bi- our national transportation agenda in Frankly, I am putting some hope in the partisan leadership of this committee the next century, it is clear that we are fact that the bill as passed by the stands out in the Congress in terms of still not making the kind of invest- House of Representatives had an allo- trying to ensure that airline pas- ments we have to make to ensure con- cation that was more than $0.5 billion sengers get a fair shake. It is high tinued leadership, economically and larger than the allocation granted to time, Mr. President, and colleagues. functionally, in the next millennium. the Senate Transportation Sub- Last year, we saw an unprecedented That is not the fault of the chairman. committee. increase in the number of complaints Rather, it is the fault of our overall As we approach conference on this by airline passengers about shoddy budgeting process—and I say that both bill, I expect to work closely with service. In the first 6 months of this as the ranking member of this sub- Chairman SHELBY and the chairman of year, we have seen another unprece- committee and the ranking member of the Appropriations Committee with dented increase in complaints by pas- the Budget Committee. the goal of bringing back a transpor- sengers of airline service. The bill before us is almost $700 mil- tation conference report that better This is the first of two amendments I lion below the level requested by the meets the needs of the FAA, the Na- intend to offer with the chairman of President in his budget. tional Highway Traffic Safety Admin- the subcommittee, Mr. SHELBY, and the The President’s proposed transpor- istration, the Coast Guard, and the ranking minority member, Mr. LAU- tation budget for fiscal year 2000, for other critical functions of the Depart- TENBERG, to try to balance the scales the first time, exceeds $50 billion. This ment of Transportation. and ensure that the passengers get a bill, however, is funded at less than Mr. President, I emphasize once more fair shake and, in particular, get infor- $49.5 billion. that the reason this bill is so tight is mation about key services, such as the lowest fare, and accurately be told While the dollar amount in this bill not because Chairman SHELBY doesn’t when a flight is overbooked. does exceed the total provided for in want to fund the necessary parts of the I emphasize to my colleagues that I fiscal year 1999, the growth is to be transportation bill’s requirements but, found in the highway and transit pro- am not proposing the Congress estab- rather, we are caught by the funding lish a constitutional right to a fluffy grams that enjoy firewalled funding caps that have controlled the Appro- under TEA–21. pillow on an airplane flight or a jumbo priations process. bag of peanuts. But I think airline pas- The funding provided in this bill for I yield the floor. other modal transportation which do sengers have a right to timely and ac- The PRESIDING OFFICER. The Sen- curate information. not benefit from funding guarantees is ator from Oregon. severe. Funding for the Coast Guard is The purchase of an airline ticket AMENDMENT NO. 1625 well below the President’s request. today in America is like virtually no Fortunately, we were able to include (Purpose: To make available funds for the in- movie choice. Unlike movie theaters vestigation of unfair or deceptive practices that sell tickets to a movie or a store funding for the Coast Guard in the and unfair methods of competition by air Kosovo supplemental appropriations that sells soccer balls, the airline in- carriers, foreign air carriers, and ticket dustry provides no real assurance that bill. These funds will remain available agents involving the failure to disclose in- and enable the Coast Guard to better formation on the overbooking flights) they will be able to use the product as intended. They have made a variety of meet its needs next year. Mr. WYDEN. Mr. President, I send an Funding for the Federal Aviation Ad- voluntary pledges to try to turn around amendment to the desk. this situation. But what we have seen ministration is more than 6.5 percent The PRESIDING OFFICER. The below the President’s request. in the last few days as a result of a clerk will report. study by the GAO and a study by the Funding for Amtrak: We are now ap- The legislative clerk read as follows: proaching a time when Amtrak is Congressional Research Service is that The Senator from Oregon (Mr. WYDEN) for about to step in, hopefully, to the 21st these voluntary pledges by the airline himself, Mr. LAUTENBERG, and Mr. SHELBY, industry aren’t worth much more than century, but it is at least starting to proposes an amendment numbered 1625. catch up in the 20th century even as we the paper they are written on. Mr. WYDEN. Mr. President, I ask leave it. High-speed rail is around the I am very pleased to offer this first unanimous consent that reading of the corner—delayed, unfortunately, a little amendment to try to ensure that pas- amendment be dispensed with. bit more than we expected it to be. But sengers can be informed when an air- The PRESIDING OFFICER. Without it is on its way. It is going to make an line is overbooked. objection, it is so ordered. enormous difference. By way of exam- Again, I thank the bipartisan leader- The amendment is as follows: ple, if we didn’t have the investment in ship of the committee. In addition to Amtrak’s Northeast Corridor to keep it On page 65, line 22, before the period at the Senators SHELBY and LAUTENBERG, end of the line, insert the following: ‘‘: Pro- going, we would need, as a substitute, Senators CAMPBELL and FEINGOLD have vided, That the funds made available under also been supportive in finally holding 10,000 flights every year—10,000 new this heading shall be used to investigate pur- flights between the Boston area and these airlines accountable with respect suant to section 41712 of title 49, United to making sure passengers are in- the Washington area, including New States Code, relating to unfair or deceptive formed when a flight is overbooked. York. That would be something beyond practices and unfair methods of competition comprehension in terms of the crowded by air carriers, foreign air carriers, and tick- That is the problem today in America skies—200 new flights a week. et agents: Provided further, That, for pur- with overbooking. If you call an airline Funding for the critical highway poses of the preceding proviso, the terms ‘un- right now and they are overbooked, safety functions, or the National High- fair or deceptive practices’ and ‘unfair meth- they won’t tell you that before they ods of competition’ include the failure to dis- sell you a ticket. The public has a right way Traffic Safety Administration, is close to a passenger or a ticket agent wheth- cut by more than $50 million, or 15 per- to know. The passengers have a right er the flight on which the passenger is to know. These voluntary pledges cent below the level requested by the ticketed or has requested to purchase a tick- administration. A large part of the et is overbooked, unless the Secretary cer- aren’t going to do it. For example, the voluntary pledge problem is that, when we marked up tifies such disclosure by a carrier is techno- the airline industry has made on over- appropriations bill in May, we were logically infeasible’’. booking is, and I quote: capped by the low authorization levels Mr. WYDEN. Mr. President, first I in TEA–21. Since that markup, the express my thanks to the bipartisan They will disclose to passengers upon re- quest whether the flight on which the pas- House and the Senate passed, and the leadership of the committee, Chairman senger is ticketed is overbooked if within the President signed, a sizable increase in SHELBY, who has been extraordinarily usual and ordinary scope of such employee’s these authorization levels for highway helpful on this matter, which is a crit- work, the information is available to the air- safety. But now that the authorization ical issue of protecting the rights of line employee to whom the request is made. - S10824 CONGRESSIONAL RECORD — SENATE September 14, 1999 In plain English, that means if you are lucky andThe happen person to ask whothe right travels employee, from you Cin- may get Thea straight legislative answer onclerk overbooking. read as follows: In plain English, that means if you arecinnati to New York, perhaps to catch The Senator from Oregon [Mr. WYDEN], for lucky and happen to ask the right employee,a flight overseas, arrives with their himself, Mr. LAUTENBERG, and Mr. SHELBY, you may get a straight answer on over-baggage. They have a 2-hour connec- proposes an amendment numbered 1626. booking. tion or an hour-and-a-half at Kennedy Mr. WYDEN. Mr. President, I ask This bipartisan amendment says the or Newark Airport on their way to unanimous consent that reading of the Department of Transportation inspec- Rome. The only problem is, they arrive amendment be dispensed with. tor general can and should investigate 3 or 4 hours later because they were The PRESIDING OFFICER. Without as a deceptive trade practice the fail- bumped off the flight and they miss objection, it is so ordered. ure to inform the consumer when a their flight to Rome. The amendment is as follows: flight is overbooked. In 1997, the De- I had an experience a couple of weeks On page 65, line 22, before the period at the partment of Transportation reported ago. This is probably a good story for end of the line, insert the following: ‘‘: Pro- the airlines bumped more than 1 mil- democracy. I got to the airport, and vided, That the funds made available under lion passengers. Since that time, more this heading shall be used (1) to investigate they said the flight was sold out. I had pursuant to section 41712 of title 49, United than 100,000 passengers have been made a reservation, given a credit card States Code, relating to unfair or deceptive bumped involuntarily. This means number. I arrived at the airport, and practices and unfair methods of competition more than 100,000 passengers are pay- they said the airplane was filled. I got by air carriers and foreign air carriers, (2) for ing for seats they never sat in. there 15, 20 minutes before flight time. monitoring by the Inspector General of the I think it is time to make sure the I said: What do you mean, it is filled? compliance of air carriers and foreign car- riers with respect to paragraph (1) of this public’s right to know is protected. They said: Yes, that seat is sold. I said: This first bipartisan amendment gives proviso, and (3) for the submission to the ap- The seat was sold twice, and the first propriate committees of Congress by the In- Members that opportunity. one who got there got it. spector General, not later than July 15, 2000, My thanks to my senior colleague, No one told me the rules, that a pas- of a report on the extent to which actual or the chairman, and the ranking minor- senger had to beat the other guy to the potential barriers exist to consumer access ity member. I urge the Senate to adopt starting line to guarantee the seat for to comparative price and service information this amendment. which they paid. from independent sources on the purchase of I yield the floor. Needless to say, I was a little an- passenger air transportation: Provided fur- Mr. SHELBY. I suggest the absence ther, That, for purposes of the preceding pro- noyed. I didn’t jump over the counter viso, the terms ‘unfair or deceptive prac- of a quorum. and threaten anybody, but it was not a tices’ and ‘unfair methods of competition’ The PRESIDING OFFICER. The pleasant experience. Instead of taking mean the offering for sale to the public for clerk will call the roll. one direct flight back home, I had to any route, class, and time of service through The legislative assistant proceeded take two—first flying north before I any technology or means of communication to call the roll. could fly south. All I could get was, a fare that is different than that offered Mr. LAUTENBERG. Mr. President, I ‘‘Sorry, we sold the seat.’’ It is an un- through other technology or means of com- ask unanimous consent that the order pleasant experience. munication’’. for the quorum call be rescinded. When they took the reservation Mr. WYDEN. Mr. President, this The PRESIDING OFFICER. Without which I made personally and gave my amendment I also offer with the bipar- objection, it is so ordered. credit card number, they said fine and tisan leadership of the subcommittee, Mr. LAUTENBERG. Mr. President, I gave me a confirmation number. When Chairman SHELBY and Senator LAUTEN- commend our colleague for this amend- I got to the gate to get on this air- BERG. Again, I express my thanks to ment and for the substance of the plane, the clerk behind the desk said: both of them. As you could tell from amendment. This airplane has been sold out. But Senator LAUTENBERG’s excellent state- There has been constant pressure on they took my money anyway. ment, he has strong views on this mat- the airlines to provide seats and make The Senator from Oregon is standing ter. They go back a long time. accommodations available. For those behind the passenger who is not get- One of the areas I most admire about who think they are going on a jour- ting a lot of attention these days. The Senator LAUTENBERG has been his ex- ney—some emergencies, some rec- airlines handle a lot more traffic than traordinary work on tobacco control. reational, some for routine work—it they expected. They are also making a The fact of the matter is, Senator LAU- matters not. The fact of the matter is, lot more money and I’m glad that they TENBERG for years led that effort to make air flights healthier in our coun- when someone makes a reservation on are. But they must also provide the try. That is just one of the many con- an airplane, they ought to know wheth- service in a manner that is respectful tributions he has made in public serv- er or not there is a pretty good chance of their passengers. ice. We thank him for it. they will arrive at their chosen des- What the Senator from Oregon is asking for is simple: If you are going to This amendment as well is supported tination. We know there is not a way by the chairman of the subcommittee, to positively predict this. However, the sell a ticket to him, to me, to anybody, Chairman SHELBY, and the ranking mi- passengers who have paid for their please tell them if the flight is over- nority member, Senator LAUTENBERG. sold. Then passengers can plan for it or tickets should have a pretty good As I have sought to do with respect to figure out a backup instead of being in- chance of arriving when the flight is overbooking, again this amendment nocently led to a blind wall where they scheduled to arrive. would ensure there were teeth behind can’t go farther. I think this is positive amendment. this so-called pledge by the airlines to It is pretty simple. The Senator from So I support this amendment. I sup- port it enthusiastically. make information about the lowest Oregon deals with the problem of air- possible fare available to the con- lines continuing to sell tickets on over- With that, I yield the floor. The PRESIDING OFFICER. The Sen- sumer. Finding the lowest air fare in sold flights and refusing to divulge America is now one of the great mys- that fact to their customers. ator from Oregon. AMENDMENT NO. 1626 teries of Western life. I consider myself a friend of aviation. On any given flight there may be as I have worked very hard with the FAA (Purpose: To make available funds for the in- vestigation of unfair or deceptive practices many different fares as there are pas- and the airlines to make sure we offer and unfair methods of competition by air sengers on the plane. One of the things reliable and safe service. With all of carriers and foreign air carriers involving that experts in aviation have said for the crowding, our system is still re- denying airline consumers access to infor- some time is if you want to start a markably safe. It handles far more mation on the lowest fare available) brawl on an air flight, ask the pas- flights than we ever expected. Are we Mr. WYDEN. Mr. President, I ask sengers to compare notes with respect up to date in everything we can do? I unanimous consent to set aside the to how much they paid for a ticket be- say absolutely not; the requirements pending amendment and send another cause there will be remarkable dif- far exceed the capacity. amendment to the desk and ask for its ferences, even among people who made The least we ought to do is tell pas- immediate consideration. the same sort of arrangements to fly. sengers if there is a reasonable chance The PRESIDING OFFICER. Without The purpose of this bipartisan that they will get to their destination. objection, the clerk will report. amendment is to make sure, no matter September 14, 1999 CONGRESSIONAL RECORD — SENATE S10825 how a customer contacts an airline—at right to know. But the failure to do it, very good, and I think she is tough. the ticket counter, over the telephone, the failure to inform the consumer, She ran an airport in Boston. That is a or at an airline’s web site—the cus- ought to be treated seriously by this tough thing to do. I have a lot of con- tomer would get the same information Congress. fidence and faith in her. She canceled about the lowest fare. Again, the air- These two amendments provide that her own summer vacation plans be- lines in these voluntary pledges that opportunity to do so by saying the De- cause the crisis was so bad. She stayed they have made have a lot of lofty partment of Transportation can inves- in Washington to work with the con- rhetoric about telling the consumer tigate as a deceptive trade practice the trollers and with the airlines on this about the lowest fare, but the harsh re- failure to inform the public, in this enormous congestion problem on which ality is that it is business as usual. case of the lowest fare available, in the I will elaborate in a minute. This amendment would hold the air- previous case information about over- Beginning in mid-July, the FAA and lines accountable to their pledge to ac- booking. the carriers conducted an on-the-spot tually make available to the consumer, I know time is short and there is evaluation of about 33 different facili- in an understandable way, information much to do with respect to this impor- ties across the country in the air traf- about the lowest fare available. tant legislation. I thank Senator SHEL- fic control system. That is the one The pledge to offer the lowest fare BY and Senator LAUTENBERG for their which routes our planes hither and available as it stands now, in the vol- support. I yield the floor. yon; they better be right. untary package from the airline indus- The PRESIDING OFFICER. Who In this evaluation, they came up with try, is, again, sort of more hocus-pocus, seeks recognition? a short-term plan for reducing delays as far as the consumer is concerned. In Mr. SHELBY. Mr. President, I sug- and for improving some inconven- effect, what the airlines are now saying gest the absence of a quorum. iences. It is really too soon to say how is that if a consumer uses the phone to The PRESIDING OFFICER. The effective it will be. I am glad they did call an airline and asks about a specific clerk will call the roll. it, but we cannot draw any final con- flight on a specific date in a specific The legislative clerk proceeded to clusions from it. class, the airline will tell the consumer call the roll. Everybody involved with the plan seems to agree that these short-term the lowest fare, as they are already re- Mr. ROCKEFELLER. Mr. President, I fixes are nothing more than that— quired to do by law. Not only will the ask unanimous consent that the order short-term fixes. They are meant to ad- airlines not provide the consumer rel- for the quorum call be rescinded. dress symptoms of an underlying prob- evant information about lower fares on The PRESIDING OFFICER (Mr. lem which we in Congress consistently other flights on the same airline, they BROWNBACK). Without objection, it is so fail to address, which is an air traffic will not even tell the consumer about ordered. control system that must be modern- lower fares that are probably on the Mr. ROCKEFELLER. Mr. President, I ized—but we will not do it, nor put up airline’s web page—and for obvious rea- ask unanimous consent to speak as in the money for it—restructuring within sons. Once they have you on the phone morning business. the FAA and other areas in order to and they can get you at a higher price, The PRESIDING OFFICER. Without objection, it is so ordered. meet surging travel demands and re- they might not be so interested in let- main viable, as they say, into the next ting you know about something else Mr. ROCKEFELLER. I thank the Presiding Officer. century. that is available on the web page. Of course, while this serious problem- Recently a Delta agent quoted a con- f solving effort was going on at the FAA sumer over the telephone a round trip CONGESTION AND DELAYS IN AIR and its facilities during this summer, fare to Portland, my hometown, of TRAFFIC SYSTEM we in the Congress, and especially we $400, and 5 minutes later the consumer Mr. ROCKEFELLER. Mr. President, in the Senate, have largely or vir- found a price of $218 for the exact same tually—totally, I should say—stood by. flight on Delta’s web page. there is a very famous line that we all know from the heroic astronauts of We have watched. We have not even What this amendment stipulates, commented. We have simply watched Apollo 13. The line is: ‘‘Houston, we again, as with the bipartisan effort or in some cases even looked the other have a problem.’’ with respect to overbooking, is that way. Lack of concern? Too com- Today, many of us who have spent the passenger has a right to know. The plicated? I do not know. the August recess traveling to our public has a right to know. We are not We continue in this same vein that setting up any new Government agen- home States and various places across we have approached aviation for more cies. We are not calling for some the country also realize that we ‘‘have than a year now, ignoring the problem, micromanaged, run-from-Washington a problem’’ in the air. This problem is ignoring the cost, ignoring the solu- kind of operation. We are saying the not only in Houston, it is in Atlanta, it tions, ignoring the complexity, by passenger deserves a fair shake with re- is in Chicago, it is in Cleveland, it is in avoiding the issue and refusing to spect to accurate information on the Detroit and in nearly every other city make the time to debate it in a serious lowest fares that are available. across the country. way. So this amendment, that I am proud Over the last month, there have been We left for the August recess without to offer again with the chairman of the very troubling reports of unprece- even bringing up FAA reauthorization subcommittee, Chairman SHELBY, and dented increases in congestion and or the airport improvement program Senator LAUTENBERG, would stipulate delays in our national air traffic sys- reauthorization. That is our most basic the Department of Transportation tem—long hours of delay. I have not aviation responsibility. That is our could investigate as a deceptive trade heard a speech in this Chamber about bottom line. We failed to do it. In fact, practice the failure on the part of an this in the last several months. We we all went home knowing that the air- airline to tell the passenger the lowest spent most of yesterday having, I port funding program was going to fare that is available, no matter how guess, basically a political debate lapse. And, of course, on August 6 it the customer contacts the airline. about the Puerto Rican clemency situ- did. Under the voluntary pledge, again, the ation, but this is urgent in a very dif- Some would have you believe that airlines are going to be in a position to ferent way because it involves life and the FAA reauthorization bill is so withhold information about the lowest death, the national economy, and con- mired in controversy that we just can- fares from customers, information that gestion which is beyond the scope of not do it—not a matter of not wanting they have, as Senator LAUTENBERG thinking of many of our fellow citizens. to do it; we cannot do it. I am here to noted in his previous statement, and We are not talking about merely an tell you—and to implore you—that information that ought to be supplied inconvenience. We are talking about a most of the bill is entirely resolved and to the consumer so the consumer can potential crippling of the national that the remaining issues require only make accurate choices. economy and, if ignored, we are talking some healthy debate, a measure of All we are talking about in both of about extremely serious safety issues. compromise; and if we will only make these amendments is access to infor- I happen to be an admirer of FAA Ad- the time, we can certainly get all of mation, full disclosure, the public’s ministrator Jane Garvey. I think she is this done and need to this month. S10826 CONGRESSIONAL RECORD — SENATE September 14, 1999 I understand that the majority leader FAA reports that traffic increases propriating process. We have not been and the Democratic leader have been are greatest in the Northeast. That is exercising it. We have been consist- working very closely on this matter, not a surprise; that is where a lot of ently underfunding the most basic as- on doing just exactly that, having us people live. And it appears to be the re- pects of our aviation system. We know work on it, finding the time to bring sult of several factors: a stronger econ- it, we will not change it, and we do not the FAA bill to the floor. It used to be omy; the influx of regional jets, which talk about it. that an FAA bill did not have all that fly at the same altitude but not nearly We simply cannot continue to sit on much significance. Actually, that is as fast as the big jets, so it complicates our hands, waiting until it is ‘‘conven- probably not a true statement. Today the way planes can be maneuvered; sig- ient’’ to start the debate. We are it has overwhelming complexity and nificant deliveries of new aircraft to underinvesting in our system to the significance to it. major carriers that have to keep them tune of at least $6 billion each year—$4 Senators HOLLINGS, MCCAIN, GORTON, flying—they have no economic choice billion short on air traffic equipment and I are doing our very level best to to begin to recoup their investment, and technology, an instrument of safe- work out as many of the remaining even if fewer flights would meet their ty, and $2 billion short on airport infra- issues as we possibly can so the bill customers’ actual needs—the efforts by structure and capacity improvements. will go smoothly and quickly on the a couple of the major airlines to de- These are just the funds needed to keep floor. And we believe that it can, if velop low-cost/low-fare operations us going at the current, entirely unac- given a chance. along the eastern seaboard to compete ceptable rate and not to improve our But the important thing is that we with Southwest on point-to-point situation but just to keep us where we get going, is that we do something, is routes; and in some cases excessive air- are. I trust my words have convinced that we bring it here, is that we discuss line scheduling. my colleagues that I do not believe it, is that we are educated by it, by For example—and I see my good that is sufficient. some of the facts that surround it be- friend, the senior Senator from New So closing this $6 billion annual fund- cause the consequences of inaction are Jersey—only 48 arrivals are possible ing shortfall doesn’t even begin to growing very dangerous. each hour at Newark Airport in very modernize and do what we need to do Some facts: good weather. But for marketing pur- in the aviation system. That is a sen- The Air Transport Association re- poses, individual carriers are sched- sitive subject, and $6 billion is a lot of ports that air traffic control delays uling 55 to 60 arrivals at Newark Air- money. We don’t like to talk about were up 19 percent from January port during the exact same hours. This spending that, but we will get nowhere through July of 1999 and 36 percent happens at hub airports all across the in aviation without it. from May through June of 1999 as com- country and effectively guarantees Without getting too much into some pared to the same periods in 1998. delay no matter what the FAA, no especially contentious differences be- With an average of 1,358 aircraft de- matter what the controllers might layed each day from May through July tween the House and Senate aviation want to do. bills, let me state the obvious about as a result of something called air traf- Allow me to begin to finish with a this apparent funding gap. We all know fic control, and an average of 106 pas- quote from the latest major study of there is money in the aviation trust sengers per aircraft, the Air Transport the system, the broad system, by the fund that could and should be used. Association estimates that 140,000 pas- National Civil Aviation Review Com- There are any number of ways to do it. sengers were delayed in America each mission in 1998. The Commission’s We could take the trust fund off budg- day from May through July of this warning is compelling and has been af- et; we could firewall the revenues; we year—140,000 passengers each and every firmed by the industry, affirmed by the could simply spend more on the discre- day. Department of Transportation, the tionary side for critical and growing For the first 5 months of 1999, as FAA, the National Transportation needs in our aviation infrastructure. compared to the same period in 1998—a Safety Board, and the Gore Commis- The point is that we have to make a 1-year difference—delays increased at sion on Security and Safety, and every- commitment to fix and improve this Detroit 267 percent; at Las Vegas, 168 body else who works in or on or with system, and it is going to take money percent; at Chicago Midway, 158 per- aviation. cent; at Cincinnati, 142 percent; at Dal- Their quote: to do it. We cannot avoid that. las/Fort Worth, 131 percent. [W]ithout prompt action the United So today, I say to colleagues, it is ATA reports that 625 million in pas- States’ aviation system is headed for grid- time to talk about the needs of the senger minutes of passenger delay each lock shortly after the turn of the century. If FAA, time to talk about the needs of year costs the economy over $4 billion this gridlock is allowed to happen, it will re- the aviation system. We cannot simply annually and results in passengers sult in a deterioration of aviation safety, go on to conference on a blank bill, and being delayed 28,500 hours each day on harm the efficiency and growth of our do- I don’t think that is the intention any- mestic economy, and hurt our position in the average—with the numbers going up more. We can’t write the bill in con- global marketplace. Lives [will] be endan- ference. We can’t do this without de- every month. gered, the profitability and strength of the And 72 percent of the delays are aviation sector could disappear, and jobs and bate or without input from this body. weather-related, they say—it may be business opportunities far beyond aviation Thankfully, this week I am beginning true, it may not be—but that does not could be foregone. to feel cautiously optimistic about our mean that the weather is so bad that So given all of this, I say that we do ability to work together to get this bill we cannot avoid gridlock on our part. not just have a problem at Houston but to the floor. Frankly, we owe it to the We can, and we must, continue to in- we have a problem all over America. traveling public and to the tireless air vest money in training and staffing, in What more do we need to know be- traffic controllers. I don’t know how paying for advanced automation tools fore we are inspired to act? Must we many of you have watched these folks to enable controllers to work around wait until the gridlock is upon us? Are work and looked at the equipment with bad weather and minimize disruption we waiting for some catastrophic which they have to work. It is a shock- to the extent that, in fact, they would event? Are we waiting to be shot out of er. In some cases it is stunningly won- be able to if we were willing to fund our inertia? That is what we have been derful, and in some cases it is them and to give them the possibility doing here in the Senate for some time. shockingly poor. of doing that. This technology and this And does it have to come to unneces- At some point, underinvestment in capability exists at this instant and sary deaths? Sometimes that happens something as important as what will should be improved upon for tomorrow. in America. People don’t pay attention carry a billion passengers in 6 or 7 Before we jump to blame the FAA for until there is something so horrible years—our aviation system—will catch all these current problems, I should be that they want action. up with us. I fear that day is already very clear that I believe the carriers That is not what we want to happen upon us. The consequences of contin- also share some responsibility, as do in the Senate. We are given the respon- ued inaction are terribly real—real for we in Congress, again, particularly in sibility for aviation policy—our section public safety and real for our national the Senate. of it. We have an authorizing and ap- economy. So let’s go forward and take September 14, 1999 CONGRESSIONAL RECORD — SENATE S10827 the work that our majority and minor- Senator LAUTENBERG for their support I recently proposed something in New ity leaders are now talking about and of the two amendments I am offering Jersey that has some people in govern- get to this bill. that will be voted on in the morning. ment a little nervous. I suggested that I thank the Chair and yield the floor. They are simple, straightforward when someone has to wait to pay a toll Mr. SHELBY addressed the Chair. amendments calling for disclosure with and it gets beyond a certain point, the The PRESIDING OFFICER. The Sen- respect to overbooking of airline drivers be permitted to go through ator from Alabama is recognized. flights, making sure the passengers can free. I call it a deadline, Don’t Encum- f actually know about the lowest fares ber Drivers—DED—because otherwise that are available, whether it is over DEPARTMENT OF TRANSPOR- those toll road authorities just collect the telephone or on a web site. TATION AND RELATED AGEN- their money. It just takes them a little As we wrap up this afternoon, my un- while longer. But the one who pays and CIES APPROPRIATIONS ACT—Con- derstanding is that we will have addi- tinued gets less service is the driver. You sit tional time to discuss this on the floor there in all of that smog, fog, and con- Mr. SHELBY. Mr. President, I ask of the Senate tomorrow morning. I am gestion. You miss your appointment, unanimous consent that the time on very proud to have the support of the you don’t get to work, you don’t get to two amendments that have been of- chairman of the subcommittee, Mr. school, you don’t get to the doctor, and fered by Senator Wyden relative to air- SHELBY, and the ranking minority shopping is not done on time. line reporting be limited to 1 hour of member, Mr. LAUTENBERG, on the two total debate, to be equally divided in amendments that will come up tomor- Why is it that the user is the one al- the usual form. I further ask that votes row morning with respect to disclo- ways pays the price? occur on or in relation to the Wyden sure. I also thank their staffs and the You go into a well operated super- amendments in the order in which they staffs of the Commerce Committee, market, and they open more lanes so were offered, beginning at 11 a.m. on who have been working to make it pos- you can pay your bills faster because Wednesday, tomorrow, with 2 minutes sible, procedurally, for the Senate to they know you don’t want to stand for explanation between each vote and consider these in the morning. around there to have to give them your no additional amendments in order With that, I yield the floor. money. So it is also, I think, with the prior to the votes. Mr. LAUTENBERG addressed the airlines. The PRESIDING OFFICER. Is there Chair. objection? The PRESIDING OFFICER. The Sen- I don’t want to see them punished. Without objection, it is so ordered. ator from New Jersey. This isn’t designed to be punitive. Mr. SHELBY. Mr. President, in light Mr. LAUTENBERG. Mr. President, I What we are suggesting here is de- of this agreement, there will be no fur- thank the Senator from Oregon for his signed to make it fairer for the trav- ther votes this evening, and the next contribution in the form of these eling passenger. Rather than bumping votes will occur at 11 a.m. Wednesday, amendments. We work together on the people, there ought to be other ways to tomorrow. Budget Committee, and on other mat- deal with it, so that if someone is Mr. WYDEN addressed the Chair. ters. He is always thoughtful on the bumped, the airline also feels the pres- The PRESIDING OFFICER. The Sen- matters he brings to the Senate. sure—not just the passenger if the air- Before the Senator from West Vir- ator from Oregon. line chose to oversell the seats. ginia leaves the room, I want to say to Mr. WYDEN. Mr. President, I want to him that one of the things he talked I don’t want to see the airlines flying commend the distinguished Senator about, sort of indirectly, in terms of with empty seats. That is not a mis- from West Virginia for an excellent getting the FAA up to the point that it sion at all. Maybe they have to come statement with respect to the air traf- should be in order to take care of the up with a different scheme. Maybe fic control system. It seems to me what volume of traffic we have—we must there has to be a deposit when you the Senator from West Virginia has make air travel more user friendly. make an airline reservation. I have pointed out is that our country, to You do that by providing an infrastruc- talked to lots of people who would some extent, wants a 21st century air ture that can accommodate the volume make two or three reservations on air- traffic control system and they want to of traffic we have. I commend the Sen- planes on different flights so they figure out how to do it on a 19th cen- ator from West Virginia. He works very could do it at their convenience, which tury budget. hard on matters of aviation. We are means that someone else could not fly The Senator from West Virginia, it grateful to him for his contribution. because they have blocked these seats. seems to me, is saying it is time for all I would like to say this. One of the Maybe there has to be a deposit when of us in the Congress to, in effect, put things that kind of pervades the discus- the reservation is made to be used ei- our dollars where our mouth is with re- sion that has gone on here for the last ther for a trip or as a cost for doing spect to safety. If you are serious about while by the Senator from Oregon and business. improving safety, you have to fund this the Senator from West Virginia is that woefully inadequate air traffic control If you want to have furniture deliv- there has to be a change in attitude, in ered to your house, you can’t get it de- system. my view. livered without suffering some kind of The fact of the matter is, the Senator The airlines have to understand that from West Virginia has spent many they have a precious commodity when a penalty if they deliver it and nobody years battling to strengthen the air they have license to offer the services is home and they have to turn around traffic control system, as has the dis- that they do. They are not unlike the and take it back, or if you want to can- tinguished ranking minority member doctor who provides excellent service cel midstream. Try buying a car with- of the Senate Commerce Committee, who uses the hospital operating room out a deposit. They will tell you no. Senator HOLLINGS. I think the Senator for his or her work. You can’t have your wash done without from West Virginia has given an ex- We provide airspace—limited air- having a laundry ticket. tremely important address this after- space. We provide huge investment in In any event, I yield the floor. noon in terms of highlighting how crit- technology to have a system operate I note the absence of a quorum. ical it is to the safety agenda of the better. We provide airports. We provide American people. You cannot do what facilities. And all of this is not de- The PRESIDING OFFICER. The is needed to improve safety for airline signed to punish. My conversation is clerk will call the roll. passengers in this country without fol- not designed to punish the airlines but The legislative assistant proceeded lowing the recommendations of the to make sure it is remembered that to call the roll. Senator from West Virginia. I wanted they are serving the public, with the him to know that his remarks were permission of the Government indi- Mr. GORTON. Mr. President, I ask heard, and heard clearly, by this junior rectly, by providing the kinds of facili- unanimous consent that the order for member of the Commerce Committee. ties that can accommodate the number the quorum call be rescinded. I will wrap up this afternoon by of flights and the routes that are being The PRESIDING OFFICER. Without thanking again Senator SHELBY and used. It is user friendly. objection, it is so ordered. S10828 CONGRESSIONAL RECORD — SENATE September 14, 1999 DEPARTMENT OF INTERIOR AND (2) in the second and third sentences, by (1) conveyance of any other lands under RELATED AGENCIES APPROPRIA- striking ‘‘national forest resources’’ and in- the jurisdiction of the Secretary acceptable TIONS ACT 2000—Continued serting ‘‘National Forest System land re- to Plum Creek and the Secretary after com- sources’’. pliance with all applicable Federal environ- AMENDMENTS NOS. 1628, 1629, 1630, 1631, 1632, 1633, (d) ACTION PLAN IMPLEMENTATION.—Section mental and other laws; and 1634, 1635, AND 1636 2376(a) of the National Forest-Dependent (2) to the extent sufficient acceptable lands Mr. GORTON. Mr. President, I send a Rural Communities Economic Diversifica- are not available pursuant to paragraph (1) package of amendments to the desk tion Act of 1990 (7 U.S.C. 6614(a)) is of this subsection, cash payments as and to and ask unanimous consent they be amended— the extent funds become available through numbered separately. These amend- (1) by striking ‘‘forest resources’’ and in- appropriations, private sources, or, if nec- ments have been cleared on both sides. serting ‘‘natural resources’’; and essary, by reprogramming. (2) by striking ‘‘national forest resources’’ The PRESIDING OFFICER. Without and inserting ‘‘National Forest System land (e) The Secretary shall promptly seek to objection, it is so ordered. resources’’. identify lands acceptable for conveyance to Mr. GORTON. For anyone who is lis- (e) TRAINING AND EDUCATION.—Paragraphs equalize values under paragraph (1) of sub- tening, these amendments include one (3) and (4) of section 2377(a) of the National section (d) and shall, not later than May 1, by the Senator from North Dakota, Mr. Forest-Dependent Rural Communities Eco- 2000, provide a report to Congress outlining the results of such efforts. DORGAN, on National Forest-dependent nomic Diversification Act of 1990 (7 U.S.C. rural communities; two by myself, one 6615(a)) are amended by striking ‘‘national (f) As funds or lands are provided to Plum technical and one with respect to a forest resources’’ and inserting ‘‘National Creek by the Secretary; Plum Creek shall re- lease to the United States deeds for lands Plum Creek land exchange; one by Sen- Forest System land resources’’. (f) LOANS TO ECONOMICALLY DISADVAN- and interests in land held in escrow based on ator KYL of Arizona with respect to TAGED RURAL COMMUNITIES.—Paragraphs (2) the values determined during the Appraisal funding for tribal school operations; and (3) of section 2378(a) of the National For- process in the context of the whole estate to two by Senator REID of Nevada on con- est-Dependent Rural Communities Economic be conveyed. Deeds shall be released for veyances in that State; one by Sen- Diversification Act of 1990 (7 U.S.C. 6616(a)) lands and interests in lands in the exact re- ators MURKOWSKI, BINGAMAN, and COCH- are amended by striking ‘‘national forest re- verse order listed in section 605(c)(2). RAN with respect to Federal energy use, sources’’ and inserting ‘‘National Forest Sys- (g) Section 606(d) is hereby amended to to which is appended a statement by tem land resources’’. read as follows: ‘‘the Secretary and Plum Creek shall make the adjustments directed Senator COCHRAN; and one by Senators AMENDMENT NO. 1629 in section 604(b) and consummate the land BREAUX and LANDRIEU with respect to (Purpose: To make a technical correction to Fish and Wildlife Service authority to exchange within 30 days of enactment of the a U.S. Code cite) Interstate 90 Land Exchange Amendment, retain and use certain fees. On page 14, line 6, strike ‘‘(22 U.S.C. aa–1)’’ unless the Secretary and Plum Creek mutu- Mr. GORTON. Mr. President, I ask and insert ‘‘(22 U.S.C. 2799aa–1)’’ ally agree to extend the consummation unanimous consent those amendments date.’’ be agreed to en bloc. AMENDMENT NO. 1630 Insert at the end of Title III in H.R. 2466: SEC. . THE SNOQUALMIE NATIONAL FOREST The PRESIDING OFFICER. Without BOUNDARY ADJUSTMENT ACT OF objection, the amendments are agreed SEC. . INTERSTATE 90 LAND EXCHANGE. 1999. (a) Section 604(a) of the Interstate 90 Land to. (a) IN GENERAL.—The boundary of the The amendments agreed to en bloc Exchange Act of 1998, 105 Pub. L. 277, 12 Stat. 2681–326 (1998) is hereby amended by adding Snoqualmie National Forest is hereby ad- are as follows: at the end of the first sentence: ‘‘except title justed as generally depicted on a map enti- AMENDMENT NO. 1628 to offered lands and interests in lands de- tled ‘‘Snoqualmie National Forest 1999 (Purpose: To make technical corrections to scribed in section 605(c)(2)(Q, R, S, and T) Boundary Adjustment’’ dated June 30, 1999. the National Forest-Dependent Rural Com- must be placed in escrow by Plum Creek, ac- Such map, together with a legal description munities Economic Diversification Act of cording to terms and conditions acceptable of all lands included in the boundary adjust- 1990) to the Secretary and Plum Creek, for a three ment, shall be on file and available for public On page 132, between lines 20 and 21, insert year period beginning on the later of the inspection in the Office of the Chief of the the following: date of enactment of this Act of consumma- Forest Service in Washington, District of Co- lumbia. Nothing in this subsection shall SEC. 3ll. NATIONAL FOREST-DEPENDENT tion of the exchange. During the period the RURAL COMMUNITIES ECONOMIC lands are held in escrow, Plum Creek shall limit the authority of the Secretary of Agri- DIVERSIFICATION. not undertake any activities on these lands, culture to adjust the boundary pursuant to (a) FINDINGS AND PURPOSES.—Section 2373 except for fire suppression and road mainte- section 11 of the Weeks Law of March 1, 1911. of the National Forest-Dependent Rural nance, without the approval of the Sec- (b) RULE FOR LAND AND WATER CONSERVA- Communities Economic Diversification Act retary, which shall not be unreasonably TION FUND.—For the purposes of section 7 of of 1990 (7 U.S.C. 6611) is amended— withheld.’’ the Land and Water Conservation Fund Act (1) in subsection (a)— (b) Section 604(b) of the Interstate 90 Land of 1965 (16 U.S.C. 4601–9), the boundary of the (A) in paragraph (2), by striking ‘‘national Exchange Act of 1998, 105 Pub. Law 277, 12 Snoqualmie National Forest, as adjusted by forests’’ and inserting ‘‘National Forest Sys- Stat. 2681–326 (1998), is hereby amended by in- this subsection (a), shall be considered to be tem land’’; serting after the words ‘‘offered land’’ the the boundary of the Forest as of January 1, (B) in paragraph (4), by striking ‘‘the na- following: ‘‘as provided in section 604(a), and 1965. tional forests’’ and inserting ‘‘National For- placement in escrow of acceptable title to est System land’’; the offered lands described in section Mr. GORTON. Mr. President, I will (C) in paragraph (5), by striking ‘‘forest re- 605(c)(2)(Q, R, S, and T).’’ comment further on that amendment. sources’’ and inserting ‘‘natural resources’’; (c) Section 604(b) is further amended by A number of objections from people in and adding the following at the end of the first the vicinity of a portion of that land (D) in paragraph (6), by striking ‘‘national sentence: ‘‘except Township 19 North, Range exchange were made both to me and to forest resources’’ and inserting ‘‘National 10 East, W.M., Section 4, Township 20 North, my colleague, Senator MURRAY. The Forest System land resources’’; and Range 10 East, W.M., Section 32, and Town- letter responds to many of those con- ship 21 North, Range 14 East, W.M., W1⁄2W1⁄2 (2) in subsection (b)(1)— cerns, and others will be responded to (A) by striking ‘‘national forests’’ and in- of Section 16, which shall be retained by the serting ‘‘National Forest System land’’; and United States.’’ The appraisal approved by by the Plum Creek Company itself. (B) by striking ‘‘forest resources’’ and in- the Secretary of Agriculture on July 14, 1999 I would like to say a number of those serting ‘‘natural resources’’. (the ‘‘Appraisal’’) shall be adjusted by sub- objections were valid objections and (b) DEFINITIONS.—Section 2374(1) of the Na- tracting the values determined for Township deeply concerned this Senator, and we tional Forest-Dependent Rural Communities 19 North, Range 10 East, W.M., Section 4 and hope they will largely be alleviated by Economic Diversification Act of 1990 (7 Township 20 North, Range 10 East, W.M., the prompt response of Plum Creek. U.S.C. 6612(1)) is amended by striking ‘‘for- Section 32 during the Appraisal process in estry’’ and inserting ‘‘natural resources’’. the context of the whole estate to be con- Mr. President, I ask unanimous con- (c) RURAL FORESTRY AND ECONOMIC DIVER- veyed. sent a letter addressed to me from SIFICATION ACTION TEAMS.—Section 2375(b) of (d) After adjustment of the Appraisal, the Plum Creek be printed in connection the National Forest-Dependent Rural Com- value of the offered and selected lands, in- with the Plum Creek land exchange munities Economic Diversification Act of cluding the offered lands held in escrow, amendment. 1990 (7 U.S.C. 6613(b)) is amended— shall be equalized as provided in section (1) in the first sentence, by striking ‘‘for- 605(c) except that the Secretary also may There being no objection, the letter estry’’ and inserting ‘‘natural resources’’; equalize values through the following, in- was ordered to be printed in the and cluding any combination thereof: RECORD, as follows: September 14, 1999 CONGRESSIONAL RECORD — SENATE S10829 PLUM CREEK TIMBER CO., people of Washington and should pro- 1146 of the Education Amendments of 1978 (25 Seattle, WA, September 14, 1999. ceed as we continue to work on the U.S.C. 2026)) that shares a campus with a Hon. SLADE GORTON, issue of concern to Randle residents. school that offers expanded grades and that is not a Bureau-funded school, if the jointly U.S. Senate, I ask unanimous consent to have Washington, DC. incurred costs of both schools are appor- DEAR SENATOR GORTON: We greatly appre- printed in the RECORD a letter to me tioned between the 2 programs of the schools ciate your continuing efforts to resolve the from Plum Creek regarding the com- in such manner as to ensure that the ex- issues created by the discovery of marbled pany’s commitment to protecting the panded grades are funded solely from funds murrelets on lands to be acquired by Plum welfare of local communities, the for- that are not made available through the Bu- Creek as part of the I–90 Land Exchange. est land it acquires, and willingness to reau.’’. Plum Creek agrees with the legislative lan- work with all parties to address the guage worked out by your office and the U.S. AMENDMENT NO. 1632 issues in Randle. I hope, that if a solu- (Purpose: To direct the Secretary of the In- Forest Service to accommodate the new tion to the issues of concern to Randle lands package and we are prepared to assist terior to convey certain land to Nye Coun- in any way that we can. residents is found in time, that such a ty, Nevada, and for other purposes) We are aware that some opposition has de- solution be placed into the Interior bill At the end of title I, insert the following: veloped over the lands near Randle, Wash- at conference. SECTION 1. CONVEYANCE TO NYE COUNTY, NE- ington, that Plum Creek would receive in the There being no objection, the letter VADA. exchange. The opponents have painted a dis- was ordered to be printed in the (a) DEFINITIONS.—In this section: mal scenario of what Plum Creek might do RECORD, as follows: (1) COUNTY.—The term ‘‘County’’ means when the exchange is complete and we want Nye County, Nevada. PLUM CREEK TIMBER CO., to assure you of the facts. (2) SECRETARY.—The term ‘‘Secretary’’ First, Plum Creek has an excellent reputa- Seattle, WA, September 14, 1999. means the Secretary of the Interior, acting tion of including neighbors and local com- Hon. PATTY MURRAY, through the Director of the Bureau of Land munities in the planning process. We have U.S. Senate, Management. not yet developed any specific plans for the Washington, DC. (b) PARCELS CONVEYED FOR USE OF THE NE- Randle area, and will not until we have met DEAR SENATOR MURRAY: We greatly appre- VADA SCIENCE AND TECHNOLOGY CENTER.— with community leaders and heard first-hand ciate your continuing efforts to resolve the (1) IN GENERAL.—For no consideration and their concerns. We are prepared to consider issues created by the discovery of marbled at no other cost to the County, the Secretary any options that will help to resolve the murrelets on lands to be acquired by Plum shall convey to the County, subject to valid issues. Creek as part of the I–90 Land Exchange. existing rights, all right, title, and interest Second, our own standards and the strict Plum Creek agrees with the legislative lan- in and to the parcels of public land described forest practice rules of the state of Wash- guage worked out by your office and the U.S. in paragraph (2). ington require that great care be taken to Forest Service to accommodate the new (2) LAND DESCRIPTION.—The parcels of pub- identify and avoid any areas of geological lands package and we are prepared to assist lic land referred to in paragraph (1) are the concern, such as unstable soils and steep in any way that we can. following: slopes. Indeed, after extensive public study We are aware that some opposition has de- (A) The portion of Sec. 13 north of United and comment, nearly 10,000 acres of U.S. For- veloped over the lands near Randle, Wash- States Route 95, T. 15 S. R. 49 E, Mount Dia- est Service land was removed from consider- ington, that Plum Creek would receive in the blo Meridian, Nevada. ation early in the exchange process for just exchange. The opponents have painted a dis- (B) In Sec. 18, T. 15 S., R. 50 E., Mount Dia- this reason. The land that remains in the ex- mal scenario of what Plum Creek might do blo Meridian, Nevada: 1 1 1 change has been thoroughly studied and can, when the exchange is complete and we want (i) W ⁄2 W ⁄2 NW ⁄4. 1 1 1 with careful planning, be managed in a to assure you of the facts. (ii) The portion of the W ⁄2 W ⁄2 SW ⁄4 thoughtful and appropriate manner. First, Plum Creek has an excellent reputa- north of United States Route 95. Third, any Plum Creek operations will be tion of including neighbors and local com- (3) USE.— strictly governed by our own Environmental munities in the planning process. We have (A) IN GENERAL.—The parcels described in Principles and the standards of the American not yet developed any specific plans for the paragraph (2) shall be used for the construc- Forest and Paper Association’s Sustainable Randle area, and will not until we have met tion and operation of the Nevada Science and Forestry Initiative. with community leaders and heard first-hand Technology Center as a nonprofit museum Plum Creek is willing to continue to work their concerns. We are prepared to consider and exposition center, and related facilities with local citizens, the U.S. Forest Service, any options that will help to resolve the and activities. and the Delegation to resolve important issues. (B) REVERSION.—The conveyance of any issues upon completion of the I–90 Land Ex- Second, our own standards and the strict parcel described in paragraph (2) shall be change. We continue to believe the Exchange forest practice rules of the state of Wash- subject to reversion to the United States, at is a fair deal for Plum Creek and a great deal ington require that great care be taken to the discretion of Secretary, if the parcel is for the public. identify and avoid any areas of geological used for a purpose other than that specified BILL BROWN. concern, such as unstable soils and steep in subparagraph (A). slopes. Indeed, after extensive public study (b) PARCELS CONVEYED FOR OTHER USE FOR Mrs. MURRAY. Mr. President, in- and comment, nearly 10,000 acres of U.S. For- A COMMERCIAL PURPOSE.— cluded within the Manager’s amend- est Service land was removed from consider- (1) RIGHT TO PURCHASE.—For a period of 5 ment to the FY 2000 Interior Appro- ation early in the exchange process for just years beginning on the date of enactment of priations bill is a technical fix to last this reason. The land that remains in the ex- this Act, the County shall have the exclusive year’s legislated I–90 Land Exchange. change has been thoroughly studied and can, right to purchase the parcels of public land The amendment to the legislation was with careful planning, be managed in a described in paragraph (2) for the fair market necessary to address to discovery of thoughtful and appropriate manner. value of the parcels, as determined by the Third, any Plum Creek operations will be Secretary. nesting marbled murrelets on two par- strictly governed by our own Environmental (2) LAND DESCRIPTION.—The parcels of pub- cels of Forest Service land originally Principles and the standards of the American lic land referred to in paragraph (1) are the set to be exchanged to Plum Creek Forest and Paper Association’s Sustainable following parcels in Sec. 18, T. 15 S., R. 50 E., Timber Company. The language in the Forestry Initiative. Mount Diablo Meridian, Nevada: amendment is agreeable to both the Plum Creek is willing to continue to work (A) E 1⁄2 NW 1⁄4. Forest Service and Plum Creek. with local citizens, the U.S. Forest Service, (B)E 1⁄2 W 1⁄2 NW 1⁄4. Other issues, particularly that of po- and the Delegation to resolve important (C) The portion of the E 1⁄2 SW 1⁄4 north of tential landslides on parcels of land issues upon completion of the I–90 Land Ex- United States Route 95. change. We continue to believe the Exchange (D) The portion of the E 1⁄2 W 1⁄2 SW 1⁄4 being transferred to Plum Creek near is a fair deal for Plum Creek and a great deal north of United States Route 95. the town of Randle, Washington, have for the public. (E) The portion of the SE 1⁄4 north of recently arisen. Members of the com- BILL BROWN. United States Route 95. munity are fearful that if some of these (3) USE OF PROCEEDS.—Proceeds of a sale of AMENDMENT NO. 1631 lands are harvested by Plum Creek a parcel described in paragraph (2)— that dangerous landslides are possible. (Purpose: To clarify that a Bureau-funded (A) shall be deposited in the special ac- school may share a campus with a school count established under section 4(e)(1)(C) of I believe this a legitimate concern and that offers expanded grades and that is not have begun discussions with the Forest the Southern Nevada Public Land Manage- a Bureau-funded school) ment Act of 1998 (112 Stat. 2345); and Service, Plum Creek, Congressman On page 33, line 18, after the period, insert (B) shall be available for use by the Baird and Senator Gorton as to pos- the following: ‘‘Funds made available under Secretary— sible solutions. I believe, however, that this Act may be used to fund a Bureau-fund- (i) to reimburse costs incurred by the local the land exchange is a benefit to the ed school (as that term is defined in section offices of the Bureau of Land Management in S10830 CONGRESSIONAL RECORD — SENATE September 14, 1999 arranging the land conveyances directed by ‘‘(i) to reimburse costs incurred by the This amendment, which I have spon- this Act; and local offices of the Bureau of Land sored along with Senators MURKOWSKI (ii) as provided in section 4(e)(3) of that Managment in arranging the land convey- and BINGAMAN, clarifies, with respect Act (112 Stat. 2346). ances directed by this Act; and to the measurement of energy use by ‘‘(ii) as provided in section 4(e)(3) of that the Federal government, that the di- AMENDMENT NO. 1633 Act (112 Stat. 2346). rectives contained in Presidential Ex- (Purpose: To give the city of Mesquite, Ne- ‘‘(f) SIXTH AREA.— vada, the right to purchase at fair market ‘‘(1) IN GENERAL.—Not later than 1 year ecutive Order 13123 cannot circumvent value certain parcels of public land in the after the date of enactment of this sub- or contradict any relevant statues. city) section, the Secretary shall convey to the The Appropriations Committee ad- At the end of title I, insert the following: city of Mesquite, Nevada, in accordance with dressed this matter last year, when section 47125 of title 49, United States Code, SEC. ll. CONVEYANCE OF LAND TO CITY OF Senator MURKOWSKI and Senator BYRD MESQUITE, NEVADA. up to 2,560 acres of public land to be selected worked to clarify the intent of Con- Section 3 of Public Law 99–548 (100 Stat. by the city from among the parcels of land gress with respect to energy use and 3061; 110 Stat. 3009–202) is amended by adding described in paragraph (2). energy measurement. As a result of at the end the following: ‘‘(2) LAND DESCRIPTION.—The parcels of land referred to in paragraph (1) are as fol- their efforts, the conference report on ‘‘(e) FIFTH AREA.— the Omnibus Appropriations bill in- ‘‘(1) RIGHT TO PURCHASE.—For a period of 12 lows: ‘‘(A) In T. 13 S., R. 69 E., Mount Diablo Me- cluded language that has the same ef- years after the date of enactment of this fect as the amendment we propose Act, the city of Mesquite, Nevada, shall have ridian, Nevada: the exclusive right to purchase the parcels of ‘‘(i) The portion of sec. 28 south of Inter- today—that is, the federal government 1 1 public land described in paragraph (2). state Route 15 (except S ⁄2 SE ⁄4). shall obey existing laws, that proposed ‘‘(2) LAND DESCRIPTION.—The parcels of ‘‘(ii) The portion of sec. 29 south of Inter- changes to the law are subject to the public land referred to in paragraph (1) are as state Route 15. jurisdiction of the Senate Committee follows: ‘‘(iii) The portion of sec. 30 south of Inter- on Energy and Natural Resources, and ‘‘(A) In T. 13 S., R. 70 E., Mount Diablo Me- state Route 15. that the law cannot be changed by ridian, Nevada: ‘‘(iv) The portion of sec. 31 south of Inter- state Route 15. committee report language, executive ‘‘(i) The portion of sec. 27 north of Inter- order or any other mechanism that state Route 15. ‘‘(v) Sec. 32. 1 would circumvent the jurisdiction of 1 1 ‘‘(vi) Sec. 33: W ⁄2. ‘‘(ii) Sec. 28: NE ⁄4, S ⁄2 (except the Inter- the authorizing committee. state Route 15 right-of-way). ‘‘(B) In T. 14 S., R. 69 E., Mount Diablo Me- ridian, Nevada: Mr. President, this amendment will ‘‘(iii) Sec. 29: E 1⁄2 NE 1⁄4 SE 1⁄4, SE 1⁄4 SE 1⁄4. ‘‘(iv) The portion of sec. 30 south of Inter- ‘‘(i) Sec. 4. remedy flaws in the Executive Order, state Route 15. ‘‘(ii) Sec. 5. most of which represents a laudable ef- ‘‘(v) The portion of sec. 31 south of Inter- ‘‘(iii) Sec. 6. fort to save taxpayer dollars by in- state Route 15. ‘‘(iv) Sec. 8. creasing energy efficiency in federal ‘‘(C) In T. 14 S., R. 68 E., Mount Diablo Me- ‘‘(vi) Sec. 32: NE 1⁄4 NE 1⁄4 (except the Inter- buildings. ridian, Nevada: state Route 15 right-of-way), the portion of I thank Chairman GORTON, Energy ‘‘(i) Sec. 1. NW 1⁄4 NE 1⁄4 south of Interstate Route 15, ‘‘(ii) Sec. 12. Committee Chairman MURKOWSKI, and the portion of W 1⁄2 south of Interstate ‘‘(3) WITHDRAWAL.—Subject to valid exist- ranking member BINGAMAN, and their Route 15. staffs for working to resolve this issue. ‘‘(vii) The portion of sec. 33 north of Inter- ing rights, until the date that is 12 years state Route 15. after the date of enactment of this sub- AMENDMENT NO. 1636 ‘‘(B) In T. 14 S., R. 70 E., Mount Diablo Me- section, the parcels of public land described (Purpose: To authorize the Fish and Wildlife ridian, Nevada: in paragraph (2) are withdrawn from all Service to retain and use fees collected for forms of entry and appropriation under the ‘‘(i) Sec. 5: NW 1⁄4. certain damages caused to national wild- public land laws, including the mining laws, ‘‘(ii) Sec. 6: N 1⁄2. life refuge lands in Louisiana and Texas to ‘‘(C) In T. 13 S., R. 69 E., Mount Diablo Me- and from operation of the mineral leasing assess and mitigate or restore the damaged ridian, Nevada: and geothermal leasing laws.’’. resources, and monitor and study the re- ‘‘(i) The portion of sec. 25 south of Inter- covery of such damaged resources) AMENDMENT NO. 1634 state Route 15. On page 12, line 12, before the final period, ‘‘(ii) The portion of sec. 26 south of Inter- At the end of Title III, insert the following: insert the following: ‘‘: Provided further, That SEC. . Section 1770(d) of the Food Security state Route 15. all funds received by the United States Fish Act of 1985 (7 U.S.C. 2276(d)) is amended by ‘‘(iii) The portion of sec. 27 south of Inter- and Wildlife Service from responsible par- redesignating paragraph (10) as paragraph state Route 15. ties, heretofore and through fiscal year 2000, (11) and by inserting after paragraph (9) the ‘‘(iv) Sec. 28: SW 1⁄4 SE 1⁄4. for site-specific damages to National Wildlife following new paragraph: 1 Refuge System lands resulting from the ex- ‘‘(v) Sec. 33: E ⁄2. ‘‘(10) section 3(e) of the Forest and Range- ‘‘(vi) Sec. 34. ercise of privately-owned oil and gas rights land Renewable Resources Research Act of associated with such lands in the States of ‘‘(vii) Sec. 35. 1978 (16 U.S.C. 1642(e));’’. ‘‘(viii) Sec. 36. Louisiana and Texas (other than damages re- coverable under the Comprehensive Environ- ‘‘(3) NOTIFICATION.—Not later than 10 years AMENDMENT NO. 1635 mental Response, Compensation and Liabil- after the date of enactment of this sub- (Purpose: To prevent expenditure of funds section, the city shall notify the Secretary ity Act (26 U.S.C. 4611 et seq.), the Oil Pollu- that may be used to circumvent or con- tion Act (33 U.S.C. 1301 et seq.), or section 311 which of the parcels of public land described tradict existing law and policy regarding in paragraph (2) the city intends to purchase. of the Clean Water Act (33 U.S.C. 1321 et the Federal Government’s energy effi- seq.)), shall be available to the Secretary, ‘‘(4) CONVEYANCE.—Not later than 1 year ciency programs) after receiving notification from the city without further appropriation and until ex- Insert at the end of Title III the following under paragraph (3), the Secretary shall con- pended to: (1) complete damage assessments new section: vey to the city the land selected for pur- of the impacted site by the Secretary; (2) ‘‘SEC. . None of the funds appropriated or mitigate or restore the damaged resources; chase. otherwise made available by this Act may be ‘‘(5) WITHDRAWAL.—Subject to valid exist- and (3) monitor and study the recovery of used to implement or enforce any provision such damaged resources’’. ing rights, until the date that is 12 years in Presidential Executive Order 13123 regard- AMENDMENTS NOS. 1371, 1408, 1587, 1593, 1595, 1600, after the date of enactment of this sub- ing the Federal Energy Management Pro- 1601, 1610, AND 1613 section, the parcels of public land described gram which circumvents or contradicts any in paragraph (2) are withdrawn from all statutes relevant to Federal energy use and Mr. GORTON. Mr. President, I send a forms of entry and appropriation under the the measurement thereof, including, but not package of numbered amendments to public land laws, including the mining laws, limited to, the existing statutory mandate the desk with modifications and ask and from operation of the mineral leasing that life-cycle cost effective measures be un- unanimous consent that these amend- and geothermal leasing laws. dertaken at federal facilities to save energy ments be adopted en bloc. They have ‘‘(6) USE OF PROCEEDS.—The proceeds of the and reduce the operational expenditures of been cleared on both sides. sale of each parcel— the government.’’. The PRESIDING OFFICER. Without ‘‘(A) shall be deposited in the special ac- Mr. COCHRAN. Mr. President, I sup- count established under section 4(e)(1)(C) of objection, the amendments will be ap- the Southern Nevada Public Land Manage- port the energy efficiency amendment propriately numbered. ment Act of 1998 (112 Stat. 2345); and contained in the package of amend- Mr. GORTON. Mr. President, again, ‘‘(B) shall be available for use by the ments managed by the chairman of the the same explanation. These amend- Secretary— subcommittee. ments include one from the Senator September 14, 1999 CONGRESSIONAL RECORD — SENATE S10831 from Maine, Ms. COLLINS, with respect once inhabited. The reintroduction of local citizens, industries, conservation to St. Croix Island International His- grizzlies in this area will greatly bol- groups and of course the States, I have toric Site; one by the Senator from ster efforts to recover grizzlies in the no doubt that this program will also be Utah, Mr. HATCH, with respect to Lake lower 48 States. a success. Powell; one from Senator MURKOWSKI The current proposal by the Fish and Indeed, I will venture to say that, in with respect to inspection fees for im- Wildlife Service establishes a Citizen hindsight, we will marvel at the ability ported skins and furs; one from Sen- Management Committee to make the of Nature to take over the grizzly bear ators MURKOWSKI, CAMPBELL, INOUYE, primary decisions on reintroduction program—as it has with the Yellow- and JOHNSON with respect to the Indian and management. This committee stone gray wolves and North Carolina Trust Asset and Accounting Manage- would consist of 15 members, with 7 red wolves—and run its own course ment System; one from Senator CAMP- chosen by the Governor of Idaho, 5 cho- smoothly, with nothing more than a BELL with respect to pine beetle eradi- sen by the Governor of Montana, one little encouragement from us. All we cation; one from Senator BRYAN and chosen by the Nez Perce Tribe, one need to do is to provide that encour- Senator REID of Nevada with respect to chosen by the Chief of the Forest Serv- agement. Grand Canyon overflights; one from ice and one chosen by the Director of I do not oppose the amendment Senator BURNS with respect to grizzly the Fish and Wildlife Service. The com- adopted today by the managers of the bear reintroduction—Senator CRAIG is mittee would have authority to estab- bill, but that is only because it is nar- a cosponsor of Senator BURNS’ amend- lish specific recovery goals, determine rowly limited to a prohibition of funds ment—one from Senator STEVENS with areas for reintroduction, and establish for physical relocation of bears in the respect to Haines Borough in Alaska; land-use standards. Selway-Bitterroot area. The Service and one from Senator DURBIN with re- This proposal has been developed does not intend to relocate bears into spect to Shawnee National Forest. after tremendous public involvement the area before FY 2001. The language The PRESIDING OFFICER. Without and outreach. Since 1992, with the for- does not prohibit completion of the EIS objection, the amendments are agreed mation of a citizens’ group, local indi- and the Record of Decision, publication to. viduals and industries have been in- of a rulemaking under section 10(j) of The amendments agreed to en bloc volved in the decisions relating to griz- the ESA, or activities to provide out- are as follows: zly bear recovery in Idaho and Mon- reach and to set up the citizen’s com- AMENDMENT NO. 1371 tana. Preparation of both the draft and mittee. It will not prevent activities in (Purpose: To place a requirement on the use final Environmental Impact State- FY 2000 in support of reintroduction, of funds for development of a resource ments provided significant opportunity short of physically relocating grizzlies management plan and for timber sales in for public comment. In sum, the pro- in the area. Because the language does the Shawnee National Forest, Illinois) posal has been developed with pains- not prohibit what the Service would At the end of the bill add the following: taking effort and deliberation. otherwise do in FY 2000, I do not oppose SEC. 3 . SHAWNEE NATIONAL FOREST, ILLINOIS. The result is a coalition of supporters the language. None of the funds made available under among timber companies, ranchers, I yield the floor. this Act may be used to— and environmental groups. Governor AMENDMENT NO. 1587 AS MODIFIED (1) develop a resource management plan for Racicot of Montana has long backed (Purpose: to establish the scientific basis for the Shawnee National Forest, Illinois; or the reintroduction plan. While Gov- noise standards applied to the Grand Can- (2) make a sale of timber for commodity ernor Kempthorne opposes the plan, he yon National Park) purposes produced on land in the Shawnee recently stated that he wants Idaho to At the end of Title I, add the following new National Forest from which the expected take a strong leadership role if the re- section: cost of making the timber available for sale SEC. . No funds appropriated under this is greater than the expected revenue to the introduction is going to happen. Nu- merous newspapers in both states have Act shall be expended to implement sound United States from the sale. thresholds or standards in the Grand Canyon endorsed the plan. AMENDMENT NO. 1408 AS MODIFIED National Park until 90 days after the Na- Nevertheless, there continues to be tional Park Service has provided to the Con- (Purpose: To prevent the physical reintro- opposition to the proposal among nu- duction of grizzly bears into the Selway- gress a report describing (1) the reasonable Bitterroot Wilderness of Idaho and Mon- merous local citizens, particularly scientific basis for such sound thresholds or tana in FY2000 and to allow for greater within the Valley in Montana along standard and (2) the peer review process used public involvement in the project) the eastern border of the Selway-Bit- to validate such sound thresholds or stand- Insert in general provisions, Title III, the terroot area. I strongly encourage both ard. following: the Fish and Wildlife Service and For- AMENDMENT NO. 1593 None of the funds made available by this est Service to continue their outreach Act may be used for the physical relocation and education efforts, and to address (Purpose: To provide for increased funding of of grizzly bears into the Selway-Bitterroot certain programs of the Smithsonian Insti- the concerns of these citizens. tution and the Indian Health Service) Wilderness of Idaho and Montana. Mr. President, you may recall that Mr. CHAFEE. Mr. President, I wish At the appropriate place insert the fol- this Chamber has seen fierce opposition lowing new section: to discuss an amendment originally of- to the reintroduction of other species SEC. . Notwithstanding any other provi- fered by my colleague from Montana to in an effort to recover them under the sion of law, the Secretary of the Interior prohibit the reintroduction of the griz- ESA. Specifically, we have debated re- shall use any funds previously appropriated zly bear in the Selway-Bitterroot area introductions of the red wolf in North for the Department of the Interior for Fiscal of Idaho and Montana. This language is Carolina in 1995 and the gray wolf in Year 1998 for acquisition of lands to acquire being included in the managers’ Yellowstone in 1996. What has come of land from the Borough of Haines, Alaska for amendment. those programs? Nothing but tremen- subsequent conveyance to settle claims filed against the United States with respect to I strongly support reintroduction of dous success. Both species are close to land in the Borough of Haines prior to Janu- the grizzly bears under the Endangered full recovery. Both programs resulted ary 1, 1999; Provided further, That the Sec- Species Act. Presently in the lower 48 in less livestock depredation than retary of the Interior shall not convey lands States, there are only 800 to 1000 bears originally predicted. Both programs acquired pursuant to this section unless and in scattered pockets of habitat in cost less to the Federal taxpayer than until a signed release of claims is executed. Idaho, Montana and Washington. Large originally estimated. Have there been species such as the grizzly are most occasional problems with individual AMENDMENT NO. 1595, AS MODIFIED vulnerable when they are limited to wolves? Of course. But each program (Purpose: To require the Forest Service to small populations and confined to had provided for such occasions, and use appropriated or other funds to improve small portions of habitat. Because the control or eradication of pine beetles problems were addressed efficiently in the Rocky Mountain region of the grizzlies are not likely to migrate be- and expeditiously. United States) yond the pockets in which they now With the care and attention that has At the end of Title III, insert the following: exist, they are not likely to find their been poured into the grizzly bear pro- SEC. . The Forest Service shall use appro- own way to the Selway-Bitterroot gram from not just the Fish and Wild- priations or other funds available to the area, even though it is an area they life Service and the Forest Service, but Service to— S10832 CONGRESSIONAL RECORD — SENATE September 14, 1999

(1) improve the control or eradication of AMENDMENT NO. 1613, AS MODIFIED COCHRAN and others with respect to the the pine beetles in the Rocky Mountain re- (Purpose: Expressing the sense of the Senate National Endowment for the Human- gion of the United States; and that the National Park Service should ities; one by Senator BENNETT and oth- (2)(A) conduct a study of the causes and ef- begin planning for the quadricentennial ers with respect to the National En- fects of, and solutions for, the infestation of commemoration of the Saint Croix Island dowment for the Arts; one from Sen- pine beetles in the Rocky Mountain region of International Historic Site) ator LIEBERMAN with respect to the the United States; and On page 62, between lines 3 and 4, insert Weir Farm National Historic Site; one (B) submit to Congress a report on the re- the following: by Senator ABRAHAM with respect to sults of the study, within 6 months of the SEC. 1ll. QUADRICENTENNIAL COMMEMORA- Isle Royale National Park; one from date of enactment of this provision. TION OF THE SAINT CROIX ISLAND INTERNATIONAL HISTORIC SITE. Senator JEFFORDS with respect to (a) FINDINGS.—Congress finds that— weatherization assistance grants and AMENDMENT NO. 1600, AS MODIFIED (1) in 1604, 1 of the first European coloniza- State energy conservation grants; one (Purpose: Making contingent funding plans) tion efforts was attempted at St. Croix Is- by Senators CRAPO and BURNS with re- land in Calais, Maine; At the end of Title I insert the following spect to cold water fish habitat con- (2) St. Croix Island settlement predated new section: servation plans in Idaho and Montana; both the Jamestown and Plymouth colonies; None of the funds provided in this Act one from Senator TORRICELLI with re- (3) St. Croix Island offers a rare oppor- spect to Fredericksburg and Spotsyl- shall be available to the Department of the tunity to preserve and interpret early inter- Interior to deploy the Trust Asset and Ac- actions between European explorers and vania National Military Park; one from counting Management System (TAAMS) in colonists and Native Americans; Senator JOHNSON, Senator BURNS, and any Bureau of Indian Affairs Area Office, (4) St. Croix Island is 1 of only 2 inter- others with respect to tribally con- with the exception of the Billings Area Of- national historic sites comprised of land ad- trolled community colleges; one from fice, until 45 days after the Secretary of the ministered by the National Park Service; Senator SHELBY with respect to a wild- Interior certifies in writing to the Com- (5) the quadricentennial commemorative life data system in Alabama; one from mittee on Appropriations and the Committee celebration honoring the importance of the on Indian Affairs that, based on the Sec- Senator INOUYE and others with respect St. Croix Island settlement to the countries to the Franklin Delano Roosevelt Me- retary’s review and analysis, such system and people of both Canada and the United morial; one from Senator BINGAMAN meets the TAAMS contract requirements States is rapidly approaching; and the needs of the system’s customers in- (6) the 1998 National Park Service manage- with respect to the Youth Conservation cluding the Bureau of Indian Affairs, the Of- ment plans and long-range interpretive plan Corps; another from Senator BINGAMAN fice of Special Trustee for American Indians call for enhancing visitor facilities at both with respect to Indian post-secondary and affected Indian tribes and individual In- Red Beach and downtown Calais; schools and changes to the Federal dians. (7) in 1982, the Department of the Interior funding formula; one from Senator The Secretary shall certify that the fol- and Canadian Department of the Environ- KOHL with respect to UK development lowing items have been completed in accord- ment signed a memorandum of under- LLC; one from Senator EDWARDS with ance with generally accepted guidelines for standing to recognize the international sig- respect to Lake Logan, NC; one from system development and acquisition and in- nificance of St. Croix Island and, in an dicate the source of those guidelines: design amendment memorandum, agreed to conduct Senator ABRAHAM and others with re- and functional requirements; legacy data joint strategic planning for the international spect to payments in lieu of taxes; one conversion and use; system acceptance and commemoration with a special focus on the from Senator MURKOWSKI and others user acceptance tests; project management 400th anniversary of settlement in 2004; with respect to the Land and Water functions such as deployment and implemen- (8) the Department of Canadian Heritage Conservation Fund stateside program; tation planning, risk management, quality has installed extensive interpretive sites on one from Senator STEVENS with respect assurance, configuration management, and the Canadian side of the border; and to the Smithsonian Institution and In- independent verification and validation ac- (9) current facilities at Red Beach and Ca- dian Health Service; one from Senator tivities. The General Accounting Office shall lais are extremely limited or nonexistent for provide an independent assessment of the a site of this historic and cultural impor- LEVIN with respect to the Keweenaw Secretary’s certification within 15 days of tance. National Historic Park in Michigan; the Secretary’s certification. (b) SENSE OF THE SENATE.—It is the sense one from Senator COLLINS with respect of the Senate that— to the St. Croix Island International AMENDMENT NO. 1601, AS MODIFIED (1) using funds made available by this Act, Historic Site; one from Senator FEIN- the National Park Service should expedi- STEIN with respect to Forest Service re- (To assist small exporters of certain animal tiously pursue planning for exhibits at Red imbursement; one from Senator BINGA- products) Beach and the town of Calais, Maine; and MAN with respect to municipal energy (2) the National Park Service should take At the end of Title I of the bill, insert the management; one from Senator BYRD following: what steps are necessary, including con- sulting with the people of Calais, to ensure with respect o the Wheeling National SEC. . None of the funds appropriated or that appropriate exhibits at Red Beach and Heritage Area; one from myself with otherwise made available in this Act or any the town of Calais are completed by 2004. other provision of law, may be used by any respect to the Forest Service/ officer, employee, department or agency of Mr. GORTON. I now move to recon- Weyerhaeuser Huckleberry land ex- the United States to impose or require pay- sider the vote by which both of those change; one from Senator REID of Ne- ment of an inspection fee in connection with sets of amendments were adopted, and vada with respect to the Weber Dam in the import or export of shipments of fur- I move to table my own motion. Nevada and feasibility study for a trib- bearing wildlife containing 1000 or fewer raw, The motion to lay on the table was ally operated trout fish hatchery on crusted, salted or tanned hides or fur skins, agreed to. the Walker River; one from Senator or separate parts thereof, including species STEVENS with respect to timber pipe- listed under the Convention on International AMENDMENTS NOS. 1359, 1362, 1367, 1493, 1572 1573, Trade in Endangered Species of Wild Fauna 1575, 1578, 1582, 1590, 1592, 1597, 1606, 1612, 1615, AND line supply on the Tongass National and Flora done at Washington, March 3, 1973 1637 THROUGH 1657 Forest; one from Senator LOTT with re- (27 UST 1027). Mr. GORTON. I now send a package spect to Civil War battlefields; one of amendments to the desk and ask from the two Senators from Minnesota respecting a Minnesota science center; AMENDMENT 1610, AS MODIFIED unanimous consent they be considered and agreed to en bloc and numbered one from Senator KERREY of Nebraska (Purpose: To ban the use of public funds for separately. All of these amendments with respect to the Boyer Chute Na- the study of decommissioning the Glen tional Wildlife Refuge land acquisition; Canyon Dam or the draining of Lake Pow- have been agreed to and cleared by ell) both sides. one from Senator BOND with respect to The PRESIDING OFFICER. Without Wilson’s Creek National Battlefield; At the end of Title I insert the following: objection, the amendments will be ap- one from Senator HOLLINGS with re- SEC. . No funds appropriated for the De- propriately numbered. spect to Fort Sumter National Monu- partment of the Interior by this Act or any Mr. GORTON. This last large pack- ment land acquisition; one from Sen- other Act shall be used to study or imple- ment any plan to drain Lake Powell or to re- age includes a Gorton-Levin-DeWine ator ABRAHAM with respect to a Michi- duce the water level of the lake below the amendment with respect to Great gan community development database; range of water levels required for the oper- Lakes fish and wildlife restoration and one from Senator WARNER with respect ation of the Glen Canyon Dam. spartina grass research; one by Senator to sand and gravel; one from Senator September 14, 1999 CONGRESSIONAL RECORD — SENATE S10833

TORRICELLI with respect to UPARR; This year, the President requested an Mr. BENNETT. Mr. President, a and a final amendment of my own, a increase of $52 million for the NEA, number of my colleagues and I have ad- manager’s amendment with respect to nearly all of which would have been vocated a small increase in funding for the setoffs necessary to pay for the used to pay for a major new initiative the National Endowment for the Arts. I other amendments we have adopted or called Challenge America. A priority of also want to commend Senator COCH- are about to adopt. Challenge America would be to get RAN’s efforts to increase funds for the The PRESIDING OFFICER. The NEA funds to areas of the country that National for the Humanities. Neither amendments have been agreed to. have not received sufficient funds in endowment has received a significant The amendments agreed to en bloc the past. Challenge America would increase since their budgets were cut are as follows: focus on outreach projects for edu- by nearly 40 percent in fiscal 1996. I be- AMENDMENT NO. 1359 cation, after-school programs using the lieve a $4 million increase is warranted On page 79, line 19 of the bill, strike ‘‘under arts, historic preservation, and upgrad- given the reforms intended to make the this Act or previous appropriations Acts.’’ ing the arts infrastructure in our com- endowments more efficient and more and insert in lieu thereof the following: munities. In effect, Challenge America accountable have been implemented ‘‘under this or any other Act.’’ would put the arts at the center of and we have seen results. family and community life. While a positive story could be told AMENDMENT NO. 1362, AS MODIFIED Mr. President, by reaching out to about the National Endowment for the (Purpose: To provide funding for the acquisi- new communities and new regions of Arts, I believe the real story of the tion of the Weir Farm National Historic the country, the Challenge America NEA and NEH is a local story. And in Site in Connecticut, with an offset) program would directly address the my case, a Utah story. In previous On page 18, line 19, before the period, insert concerns that members of this body years, I have outlined the origins of the the following: ‘‘, and of which not less than have expressed with regard to the dis- strong arts and humanities tradition in $2,000,000 shall be used to acquire the Weir tribution of NEA funds. Utah. The arts flourished in Utah be- Farm National Historic Site in Con- Unfortunately, the Interior spending necticut’’. fore Utah was even a state. Utah also bill before us contains no funding for had one of the first publicly funded the Challenge America initiative. The AMENDMENT NO. 1367, AS MODIFIED arts councils in America. Appropriations Committee’s report in- Today, I would like to tell two sto- (Purpose: To provide funding for facilities dicates, however, that the lack of funds maintenance at Isle Royale National Park) ries of traveling exhibition programs in for Challenge America ‘‘should not be the arts and humanities. Both benefit On page 17, line 25, after the colon insert interpreted as a lack of support by the the following: ‘‘Provided further, That rural areas. Both provide communities $1,000,000 shall be made available for Isle Committee for the Endowment’s pro- with opportunities that might not be Royale National Park to address visitor fa- posal.’’ available otherwise. These types of pro- cility and infrastructure deterioration:’’. The problem, of course, is the budget. grams make a strong case for a small The distinguished Interior Sub- federal investment in the arts and hu- AMENDMENT NO. 1493, AS MODIFIED committee Chairman and Ranking manities. (Purpose: To provide additional funding for Member have done an outstanding job For the last 35 years, the Utah Arts the National Endowment for the Arts) to report a bill within the tight alloca- Council’s Traveling Exhibition Pro- On page 94, line 7, strike, ‘‘$86,000,000’’ and tions provided to them. I commend gram, supported in part by the Na- insert ‘‘$90,000,000’’. them for their effort and fully appre- tional Endowment for the Arts, has Mr. REED. Mr. President, I rise in ciate the constraints within which toured visual arts exhibitions all over support of the Bennett-Jeffords-Reed they operate. Utah. In some areas, particularly in However, I believe we can, and amendment. For the past 34 years, the the more rural regions of the state, the should, find the money to make the National Endowment for the Arts has exhibition is the only source of visual Challenge America program a reality served the public good by nurturing the arts programming. Utah’s San Juan and to allow the NEA to do what so expression of human creativity, sup- county bussed children from sur- many members of this body want it to porting the cultivation of community rounding communities to view these do. At a time when we are considering spirit, improving our children’s edu- exhibitions. Another rural county an $800 billion tax cut, I think it is not cation, and fostering the recognition unreasonable to provide a small in- boasted a 100-percent citizen participa- and appreciation of our nation’s artis- crease to an agency that has such a tion for one of the exhibits. tic accomplishments. The Utah Arts Council’s Traveling meaningful impact in communities The arts and humanities have an im- Exhibition Program serves more than across the country. This amendment, mense positive impact on the lives of 150,000 people in all but two counties of which would provide $4 million in addi- all Americans. Children and adoles- the state each year. Every year the tional funding to the NEA in fiscal cents in particular benefit tremen- Utah Arts Council receives more than year 2000, would permit the NEA to get dously from artistic expression. Stud- 250 requests for the program, but is the Challenge America initiative off ies show again and again that com- the ground. Every dime of additional only able to satisfy half. Each Trav- prehensive arts education programs in money would be used for project eling Exhibition includes educational schools with at-risk student popu- grants—mostly the small, expedited materials that emphasize not only the lations improve academic achievement; grants that will get funding to pre- artistic aspects of the exhibits, but student self-assurance; creative and viously underserved areas of the coun- also its connections to other aspects of critical thinking skills; attendance; as try. the curriculum. well as student and parent attitudes Mr. President, the NEA is under new Denise Hoffman, a librarian at the about school. management. Chairman Bill Ivey has Green River Library and participant in And yet, we as a society have con- worked hard to reform the Endow- the program, made this comment: sistently underfunded arts education ment’s operations and to respond to We are a very small and isolated town in and community arts programs at the the concerns expressed by members of rural Utah. Almost every student in the local, state and federal level. In recent grade school comes to the library on a week- Congress in recent years. ly basis. A vast majority of our students will years, Congress has exacerbated this It is time we gave the NEA a chance situation by dramatically reducing never be exposed to the arts. We use the to show that it has changed. Let’s give traveling exhibitions as a basis for learning. funding to the National Endowment for it the opportunity to do what we’ve By making these displays easily affordable, the Arts. asked it to do—to get more grants to you cannot count the young lives that have The NEA has not seen a budget in- new rural and urban areas, to do more been touched, or guided into the arts. Please crease in 8 years—not since 1992, when in the area of arts education, and to consider dollar for dollar what we are get- the agency had a budget of $175.9 mil- help us rebuild our cities and make ting with this program. It is critical to us. lion. In 1996, the NEA’s budget was them more attractive places for people Another program that benefits rural slashed by 40% to $99 million, and it to live and work. areas is a collaborative project be- has remained near that level ever I urge my colleagues to support this tween the Smithsonian Institution since. important amendment. Traveling Exhibition Services (SITES) S10834 CONGRESSIONAL RECORD — SENATE September 14, 1999 and state humanities councils. Its goal ture. Utah’s story is anything but. The respond to the concerns expressed by is to give small rural museums access state arts and humanities councils, as- members of Congress. Its current chair, to Smithsonian resources. What re- sisted by the National Endowments, Bill Ivey, has proposed a major new ini- sulted was a small traveling program and the Smithsonian, has dem- tiative, Challenge America, that will with Smithsonian type exhibits called onstrated how arts and humanities can emphasize outreach projects for edu- ‘‘Museum on Main Street.’’ The two be a positive influence in our commu- cation, including after-school programs projects developed under this program nities. involving the arts, historic preserva- are ‘‘Produce for Victory: Posters on Mr. President, I believe a continued tion and measures to develop the arts the American Homefront 1941–1945’’ and federal arts and humanities partner- infrastructure in communities. He has ‘‘Barn Again! Celebrating an American ship is worthwhile, and encourage my also implemented ‘‘ArtsReach’’ which Icon.’’ The Utah Humanities Council colleagues to support a small increase. will encourage applications and grants spearheaded this effort and the fol- I would also like to thank Chairman to states that have received few grants lowing communities have participated GORTON for his leadership on this bill. in the past. in this program: Castle Dale, popu- He has had to balance several com- The Humanities Endowment has un- lation 1,704; Vernal, population 6,644; peting priorities and has done an admi- dertaken a leadership role to improve Kanab, population 3,289; Wellsville, rable job. I appreciate very much his teacher training using the Internet and population 2,206; Monticello, popu- attention to the details of so many im- other technologies to ensure that new lation 1,806; Delta population 2,998; portant issues. public programs in the humanities Ephraim, population 3,363; Heber, popu- Mr. KENNEDY. Mr. President, one of reach classrooms in as many commu- the most important provisions in this lation 4,362; and Payson, population nities as possible. bill is its support for the National En- 9,510. These agencies are doing all that Castle Dale, Kanab, Payson, Vernal, dowments for the Arts and Humanities. they can to expand the scope of cul- and Delta hosted their first Smithso- These agencies provide essential Fed- tural activities in America. It is essen- nian exhibit using ‘‘Produce for Vic- eral support for cultural activities in tial that we provide them with the re- tory’’ as a basis for the communities to communities across America. The arts sources necessary to carry out their remember what was occurring in Amer- and humanities are a central part of important mission. I support efforts to ica during the years 1941 through 1945. our democracy, our history and our increase funding for the agencies, so heritage and they eminently deserve Each community developed local pro- that they can more fully achieve their this federal support. grams including USO dances, ration important goals. As the statute cre- It is important for the federal gov- ating the agencies emphasized, the recipe luncheons, reunions of women ernment to create an environment United States cannot afford to limit its who worked in munitions industries which supports the arts and human- efforts to science and technology alone, (‘‘Rosie the Riveter’’), discussions of ities in our nation. The Endowments but should give fair and full support to the 1930s and 1940s movies and news- have done an outstanding job in pro- reels, and exhibitions of local artifacts. viding this needed support. They have the other great branches of scholarly Kanab had activities all year com- provided assistance to theaters, muse- and cultural endeavors in our society, memorating World War II. Events in- ums, dance companies, and a wide in order to achieve a better under- cluded a poster exhibit from the range of cultural activities in commu- standing of the past, a better analysis Smithsonian, World War II movies nities and neighborhoods in every of the present, and a better vision of from Brigham Young University’s film state. the future. collection, and countless other very The federal role is not an isolated I urge my colleagues to support fund- personal contributions from many of one. It functions in partnership with ing for these agencies, and I hope that the town’s people who had directly par- local and state governments and the at long last we can give them the sup- ticipated in the war or were relatives private sector. Across the country, port that they have earned. of those who had. mayors have been among the strongest Mr. JEFFORDS. Mr. President, on An immediate result of various supporters of the arts, because they behalf of myself and Senators BENNETT, groups working together on this know that a strong cultural commu- CHAFEE, KENNEDY, MOYNIHAN, and project was to make young people nity attracts families and businesses to REED, I am pleased that the Managers aware of those whose lives were di- our cities. Cultural tourism is a growth of the bill have agreed to support our rectly touched by World War II. Many industry in states throughout the proposal for a funding increase for the of the local youth had no idea that country. National Endowment for the Arts and they were living next door to people Federal support provides needed as- the National Endowment for the Hu- who had first-hand knowledge of this sistance to cultural institutions, and it manities. historic event. Grandchildren were also provides critical support in First let me commend Senators GOR- talking to grandparents and asking schools. Today’s schools face a broad TON and BYRD for starting this discus- questions about the war. Many teens range of challenges, and a compelling sion out on the right foot. They pro- were surprised to learn that some of body of research demonstrates a strong vided modest increases for the NEA, those serving in the armed services correlation between study of the arts NEH and IMLS under very difficult cir- were no older than their big brothers and academic achievement. The arts cumstances. I applaud the leadership or themselves. During the celebration, are ‘‘the Fourth R,’’ and they deserve they have shown in recognizing the im- those who had contributed their pos- to have a significant role in the edu- portant role that each of these agen- sessions from that period stood by cational experience of all children. cies play in strengthening our nation’s their displays, ready to describe each In 1998, students with course work in cultural institutions and expanding op- artifact. music scored 52 points higher on the portunities for participation in cul- These types of activities help us re- verbal portion and 36 points higher on tural activities. member our history, the individual the math portion of the SAT. With re- My support for these agencies runs sacrifices that were made for freedom, sults like these, it is clear that we deep because I know that the grants how individuals coped with difficult should find effective ways to integrate that they make have a positive impact times, and how America emerged arts education into the classroom cur- on the state of Vermont and nearly all stronger. Understanding this legacy riculum so that music, painting, drama who live there. The NEA and NEH through these types of exhibits is a and other arts can enrich the edu- make it possible for more Vermonters worthwhile pursuit. cational experience of all students. to have access to the arts and human- The traveling exhibits that I have de- The Endowments have often been the ities in their many different forms and scribed today are in keeping with the subject of criticism over the last sev- shapes—literature, art history, dance, goal of bringing our historical and cul- eral years. But Congress has imposed music, folkarts, history and theater. tural heritage to areas that would not reforms that have virtually eliminated In number terms, the positive impact otherwise have the opportunity. Much controversy over grant awards. of the arts and the humanities is sta- of the criticism of the NEA has been The Arts Endowment has worked tistically significant. It can be meas- anecdotal and has painted an ugly pic- hard to improve its operations and to ured in terms of increased academic September 14, 1999 CONGRESSIONAL RECORD — SENATE S10835 achievement and better outlook on life business to involve the grassroots. AMENDMENT NO. 1573, AS MODIFIED for those school-aged children that They fundamentally understand where (Purpose: To provide funding for the Fred- have the opportunity to participate in congress is coming from both in terms ericksburg and Spotsylvania National the arts or humanities experience. of its support for the agencies and with Military Park, with an offset) In terms of education, students of the regard to the criticisms of ‘‘elitism’’ On page 18, line 16, strike ‘‘$84,525,000’’ and arts outperform their ‘‘non-arts’’ peers and favoritism. insert ‘‘$87,725,000’’. on the SAT. Even when one takes into On page 18, line 19, before the period, insert To address concerns, they have fo- the following: ‘‘, and of which not less than consideration the economic status of a cused on grassroots initiatives like: $3,000,000 shall be available for the Fred- family, kids from low-income families ‘‘Challenge America,’’—an effort to ericksburg and Spotsylvania National Mili- that participate in the arts had higher target grant dollars to communities tary Park’’. grades in English, were less likely to that lack a significant arts presence drop out by grade 10, were less ‘‘bored’’ and invest in arts education, preserva- AMENDMENT NO. 1575, AS MODIFIED in school, had a higher ‘‘self concept,’’ tion of cultural heritage and after (Purpose: To provide funding for tribally controlled colleges and universities) and placed a higher value on vol- school programming for young people- unteerism than their low-income peers at-risk; At the appropriate place in title I, insert with low arts involvement. the following: The arts have demonstrated effec- ‘‘Our History is America’s History’’— SEC. 1 . (a) In addition to any amounts oth- tiveness in making a difference for a program that will encourage all erwise made available under this title to Americans to explore our family’s his- carry out the Tribally Controlled College or youth at-risk by decreasing truancy University Assistance Act of 1978, $1,500,000 and increasing enthusiasm for learn- tory and stories, enter these stories to the Internet and connect these per- is appropriated to carry out such Act for fis- ing. Students engaged in the learning cal year 2000. process are less likely to get into trou- sonal histories to the broad sweep of ble and the arts have proven them- American and world history; and AMENDMENT NO. 1578 AS MODIFIED selves are one of our best tools in this ‘‘ED-sitement’’—a partnership in- (Purpose: To make funds available to the effort. The hard data backs up these volving the NEH, MCI corporations and Secretary of the Interior to develop a pilot claims. others designed to help humanities wildlife data system for the State of Ala- In other instances, the positive im- teachers use the Internet effectively in bama) pact of the arts and humanities can be their teaching. On page 62, between lines 3 and 4, insert ‘‘measured’’ by a smile that grows on the following: Each of these programs better con- SEC. 1. PILOT WILDLIFE DATA SYSTEM. the face of a person listening to the nect the local community with its rich music of the Vermont Symphony at a From funds made available by this Act to and vibrant local history and cultural the U.S. Fish and Wildlife Service, the Sec- free summer concert; it can be ‘‘quan- offerings. They draw upon the rich cul- retary of the Interior shall use $1,000,000 to tified’’ by the deeper understanding tural heritage and traditions of a re- develop a pilot wildlife data system to pro- one gains about storytelling and the gion and share those treasures and sto- vide statistical data relating to wildlife New England folk culture thanks to ries widely with our nation’s commu- management and control in the State of Ala- programs sponsored by the Vermont nity. I am anxious to support their ef- bama. Folklife Center; it can be ‘‘gauged’’ by forts. It is due to their leadership and AMENDMENT NO. 1582 AS MODIFIED a young person’s spirit that soars to the leadership of my own Vermont Arts new heights from imagining worlds be- (Purpose: To provide funding for modifica- Council, Vermont Humanities Council tions to the Franklin Delano Roosevelt yond their own while daydreaming at and all of Vermont’s museums and cul- the Fairbanks Museum and Plane- Memorial, with an offset) tural institutions that I stand with On page 3, line 18, strike ‘‘$287,305,000’’ and tarium in St. Johnsbury. confidence behind these agencies and We must recognize and acknowledge insert ‘‘$283,805,000’’. call for a modest increase in their On page 17, line 19, strike ‘‘$221,093,000’’ and the ways in which the arts expand the budgets. insert ‘‘$227,593,000’’. imagination of young people; broaden On page 17, line 22, before the colon, insert their interest in creating; introduce The National Endowment for the the following: ‘‘, of which not less than them to other worlds, other people, and Arts and the National Endowment for $3,500,000 shall be available for modifications other cultures; make learning other the Humanities are agencies with small to the Franklin Delano Roosevelt Memo- subjects generally more ‘‘fun;’’ and budgets that provide extraordinary rial’’. build their skills of cooperation that service to the people of this nation. I they must practice when performing a encourage my colleagues to support AMENDMENT NO. 1590, AS MODIFIED play, playing in a band, or singing in a each of these agencies. Before the period at the end of the ‘‘Con- struction’’ account of the Bureau of Indian choir. The NEA and NEH make these In closing, I would like to applaud Affairs, insert the following: ‘‘: Provided fur- opportunities possible for the people of the leadership of my colleague from ther, That in return for a quit claim deed to Vermont. With a little investigation, Mississippi, Senator COCHRAN for his a school building on the Lac Courte Oreilles many of you will find that these agen- unwavering support for the NEH. In ad- Ojibwe Indian Reservation, the Secretary cies are doing the same in your home dition, I would like to publicly state shall pay to U.K. Development, LLC the states. my support for the Institute for Mu- amount of $375,000 from the funds made Because of the consideration shown seum Services and hope that during available under this heading’’. by the Chairman of this subcommittee, conference negotiations with the Mr. KOHL. Mr. President, the amend- each of the three agencies will be able House, we will adopt the highest appro- ment I am offering would compensate a to extend their grant programs more priation possible for that important company that built a school building broadly. With the additional money agency. for the Lac Courte Oreilles Tribe in my that we are requesting today, NEA and Finally, I would like to thank Sen- state of Wisconsin. It would also clar- NEH could further expand their out- ify ownership of the building. The edu- ator GORTON and Senator BYRD for reach efforts with an eye towards in- their leadership on this issue and cational program of the school, as well troducing more Americans, many for thank my colleagues for supporting as the operation and maintenance the first time to the beauty of dance, this modest increase for NEA and NEH. funding are provided to the Tribe the spectacle of theater, the enchant- through a grant from the Bureau of In- ment of reading and the magic of the AMENDMENT NO. 1572, AS MODIFIED dian Affairs. museum. (Purpose: To provide funding to carry out When a number of classrooms were We have new, visionary leaders at the the Urban Park and Recreation Recovery condemned, the BIA provided a grant NEA and NEH. Bill Ivey and Bill Ferris Act of 1978, with an offset) to the school to lease temporary space are Chairmen who have their ears to while the classrooms were replaced. On page 16, line 25, strike ‘‘$49,951,000’’ and the ground and they are prepared to re- insert $51,451,000, of which not less than Rather than lease space, the Tribe en- spond to the cultural needs of the peo- $1,500,000 shall be available to carry out the tered into a lease/purchase agreement ple of this nation, regardless of where Urban Park and Recreation Recovery Act of with a contractor for construction of they live. They have made it their 1978 (16 U.S.C. 2501 et seq.)’’. an 8,400 square foot building. When the S10836 CONGRESSIONAL RECORD — SENATE September 14, 1999 Bureau learned that the Tribe had not ably only a few of our colleagues have duct joint strategic planning for the used the initial grant payment to lease ever heard of St. Croix Island, nestled international commemoration [of the space, they declined to provide addi- in the St. Croix River that separates St. Croix Island], with a special focus tional money to the tribe for this Maine from Canada, or this island’s on the 400th anniversary of settlement project since the BIA was, at the same place in the history of the United in 2004.’’ For its part, Parks Canada time, providing about $2 million for the States and Canada and in the hearts of constructed an exhibit in New Bruns- tribe to replace the condemned class- North Americans of French descent. wick overlooking St. Croix Island. The rooms. All of this and more is detailed We have all probably heard of the exhibit uses Champlain’s first-hand ac- in an audit report issued by Interior’s Pilgrims’ landing at Plymouth Rock in counts, period images, updated re- Inspector General last March. 1620, or the English colonial settlement search, and custom artwork to tell the It is my understanding that this at Jamestown in 1607, but few know the compelling story of the settlement. amendment will have no impact on story of an even older settlement, dat- The National Park Service, on the construction projects which are to ing back to 1604, when French noble- other hand, has plans to expand a begin in fiscal year 2000. To that end, I man Pierre Dugua Sieur de Mons, ac- small, existing site located just south would urge the chairman to call on BIA companied by a courageous group of of Calais, Maine. The Park Service to identify before conference any po- adventurers that included Samuel plan envisions a modest, but appro- tential negative impact associated Champlain, landed on St. Croix Island priate outdoor exhibit overlooking St. with this amendment. and quickly set about to construct a Croix Island and exhibits in an indoor AMENDMENT NO. 1592, AS MODIFIED settlement. They cleared the island, visitor center, preferably located in (Purpose: To provide funds for the Forest planted crops, dug a well, and built nearby Calais. These plans are intended Service to acquire lands at Lake Logan, NC) houses, fortifications, public buildings, to commemorate in an appropriate way On page 65, line 18, strike ‘‘$37,170,000’’ and and gun emplacements. In the process, one of only two international historic insert ‘‘$38,170,000’’. they were aided by Native peoples who sites in the U.S. national park system made temporary camps on the island and, as far as they go, the plans are a AMENDMENT NO. 1597 and assisted in various ways. At the welcome first step. The next steps have (Purpose: To provide an additional $4,000,000 same time, Samuel Champlain under- yet to be taken and time is growing for the National Endowment for the Hu- took a number of reconnaissance mis- short. That is why I offered two amend- manities) sions from the island. On one, he found ments to this appropriations bill. On page 95, line 5, strike ‘‘$97,550,000’’ and and named Mount Desert Island, now The first amendment makes $90,000 insert ‘‘$101,000,000’’. the home to Acadia National Park. available in FY 2000 to finish pre-con- On page 95, line 13, strike ‘‘$14,150,000’’ and By October, the settlement was struction planning for and begin devel- insert ‘‘$14,700,000’’. ready. But the Maine winter was more opment of the outdoor site at Red On page 95, line 14, strike ‘‘$10,150,000’’ and Beach and to plan for the possible loca- insert ‘‘$10,700,000’’. than the seventy-nine settlers had bar- gained for. By winter’s end, nearly half tion of interpretive exhibits in Calais, AMENDMENT NO. 1606, AS MODIFIED had died and many others were seri- Maine. Currently, no money is sched- (Purpose: To provide funding for the acquisi- ously ill. uled to be appropriated for the Red tion of new properties in Kenweenaw Na- The spring brought relief from the Beach site until FY 2002, and National tional Historic Park, Michigan, with an harsh weather. Sieur de Mons relocated Park Service officials in Maine and in offset) his colony to Port Royal in what is the Northeast Regional Office agree On page 18, line 19, before the period, insert now Nova Scotia and, in 1608, Cham- with me that the funding schedule pro- the following: ‘‘, and of which not less than plain and a company of men founded vides for too little too late. This money $1,700,000 shall be available for the acquisi- Quebec. is needed now in order to ensure that tion of properties in Keweenaw National His- According to the National Park Serv- the project is completed in time for the torical Park, Michigan’’. ice, the French settlement on St. Croix 400th anniversary celebration. Island in 1604 and 1605 was the first and My second amendment asks the Na- AMENDMENT NO. 1612, AS MODIFIED ‘‘most ambitious attempt of its time to tional Park Service to work with the (Purpose: To make funds available for plan- establish an enduring French presence people of Calais to make an indoor visi- ning and development of interpretive sites for the quadricentennial commemoration in the ‘New World.’ ’’ Many view the ex- tors center—known as the ‘‘Downeast of the Saint Croix Island International His- pedition that settled on St. Croix Is- Heritage Center—a reality. The people toric site, with an offset) land in 1604 as the beginning of the of Calais and surrounding areas have On page 17, line 22, insert the following be- Acadian culture in North America. worked tirelessly to move the project fore the colon: ‘‘and of which $90,000 shall be This rich and diverse culture spread towards completion. They need the as- available for planning and development of across the continent, from Canada to sistance of the National Park Service— interpretive sites for the quadricentennial Louisiana, where French-speaking Aca- which already has endorsed the con- commemoration of the Saint Croix Island dians came to be known as ‘‘Cajuns.’’ cept—but which now must help with International Historic Site, Maine including The rich history and cultural signifi- planning and financial assistance to possible interpretive sites in Calais, Maine’’. cance of the 1604 settlement at St. bring the project from a dream to re- Ms. COLLINS. Mr. President, I rise in Croix Island are beyond question. Yet, ality. My amendment asks and directs support of two amendments I have filed with only four years remaining before the Park Service to work with the peo- in connection with the Interior appro- the 400th anniversary of the settle- ple of Calais on this project and to en- priations bill for fiscal year 2000. ment, there is still much to prepare for sure that appropriate exhibits are com- My amendments, which are cospon- a proper and appropriate commemora- pleted in time for the 400th anniversary sored by Senator SNOWE, are expected tion of this historical event. celebration. to be accepted as part of the managers’ Let me try to put the occasion in I further request that the Park Serv- package, which the chairman of the perspective. For the 300th anniversary ice include in its fiscal year 2001 budget subcommittee will be sending to the of the settlement, U.S., British, and submission funds for both the Red desk shortly. French naval ships, flagged out for the Beach site and the Downeast Heritage I want to take this opportunity to occasion, steamed up the St. Croix Center in downtown Calais. thank the subcommittee chairman, River and anchored off the historic is- My amendments seeks only a small Senator GORTON, and the ranking mi- land. Speakers at the ceremony hon- commitment of funds that are designed nority member, Senator BYRD, for oring the anniversary included the con- to commemorate a 1604 settlement of their assistance and support of my pro- sul general of France and the famous enormous historical significance. posals. U.S. general and Maine patriot, Joshua I again want to thank Senator GOR- The amendments I am proposing will Chamberlain. TON and Senator BYRD for their assist- provide funding and National Park Several thousand people attended the ance in helping our country prepare for Service support for projects of great celebration. a terrific 400th anniversary celebration historical and international significant In 1996, the U.S. National Park Serv- of the early French settlement at St. to my State and our country. Yet prob- ice and Parks Canada agreed to ‘‘con- Croix Island. September 14, 1999 CONGRESSIONAL RECORD — SENATE S10837 I yield the floor. lower part of the Columbia River sys- work to recover the bull trout. That’s AMENDMENT NO. 1615, AS MODIFIED tem may actually have harmed the bull important, in it’s own right. On page 76, between lines 18 and 19, insert trout in the upper part of the system, Moreover, it will help our State high- the following: by reducing water levels in the upper way programs. The listing of the bull ‘‘The Forest Service is authorized through reservoirs. trout has caused concern about the po- the Forest Service existing budget to reim- In any event, in 1998, the Fish and tential effect on highway construction. burse Harry Fray for the cost of his home, Wildlife Service listed the bull trout as By providing clear guidance, the HCP $143,406 (1997 dollars) destroyed by arson on a threatened species under the Endan- should go a long way to ensuring that June 21, 1990 in retaliation for his work with the Forest Service.’’ gered Species Act. the bull trout and our highway pro- For years, the State of Montana has grams both can thrive. AMENDMENT NO. 1637 been working hard to recover the bull I commend the sponsor of the amend- (Purpose: To provide funds to the U.S. Fish trout. This work has intensified since ment, Senator CRAPO, the Chairman of and Wildlife Service Resource Management the listing. For example, last year, the Fisheries, Wildlife, and Drinking account for grants under the Great Lakes Montana spent $568,000 on recovery ef- Water Subcommittee of the Environ- Fish and Wildlife Restoration Program and forts: things like improving stream ment and Public Works Committee, for for spartina grass research) channels, stabilizing stream banks, his leadership on this issue. I also com- On page 10, line 15, strike ‘‘$683,519,000’’ and fencing, monitoring, educating anglers, mend the other members of the delega- insert ‘‘$684,019,000’’. and preventing poaching. But, to get tion, Senators BURNS and CRAIG. I look On page 10, line 16, after ‘‘herein,’’ insert the job done, we need to do more. And forward to working further with them, the following: ‘‘of which $400,000 shall be available for grants under the Great Lakes we need more help from the Fish and Governors Racicot and Kempthorne, Fish and Wildlife Restoration Program, and Wildlife Service. and Fish and Wildlife Service Director of which $300,000 shall be available for The amendment that we are offering Clark to help recover the bull trout in spartina grass research being conducted by today takes an important additional Montana and Idaho in a reasonable, re- the University of Washington, and’’. step. It sets aside $500,000, from the sponsible way. Fish and Wildlife Service budget, to AMENDMENT NO. 1640 AMENDMENT NO. 1638 help the states of Montana and Idaho (Purpose: To increase funding for Post Sec- (Purpose: To increase funding for weather- develop a voluntary habitat conserva- ondary Schools funded by the Bureau of In- ization assistance grants and state energy tion plan for the bull trout and other dian Affairs, and for other purposes) conservation grants, with an offset) cold water fish, including the westslope On page 27, line 22, strike ‘‘$1,631,996,000’’ On page 78, line 16, strike ‘‘$682,817,000’’ and cutthroat trout, for which a listing pe- and insert ‘‘$1,632,596,000’’. insert ‘‘$684,817,000’’. On page 29, line 10, after ‘‘2002’’ insert ‘‘: On page 78, line 19, strike ‘‘$166,000,000’’ and tition has been filed. The idea of the HCP is to provide Provided further, That from amounts appro- insert ‘‘$168,000,000’’. priated under this heading $5,422,000 shall be On page 78, line 24, strike ‘‘$133,000,000’’ and guidance, to small landowners, particu- made available to the Southwestern Indian insert ‘‘$135,000,000’’. larly owners of woodlots, farms, and Polytechnic Institute and that from ranches. For example, the HCP might amounts appropriated under this heading AMENDMENT NO. 1639 set standards re-channelizing streams. $8,611,000 shall be made available to Haskell (Purpose: To set aside funding for develop- Or for timber harvesting and road Indian Nations University’’. ment of a habitat conservation plan for building to prevent sedimentation. On page 62, between lines 3 and 4, insert cold water fish in the States of Idaho and Compliance will be completely vol- the following: Montana) lll untary, but landowners who follow the SEC. . BIA POST SECONDARY SCHOOLS FUNDING FORMULA. On page 10, line 16, after ‘‘herein,’’ insert guidance will know that they are in ‘‘of which $500,000 of the amount available (a) IN GENERAL.—Any funds appropriated for consultation shall be available for devel- full compliance with the Endangered for Bureau of Indian Affairs Operations for opment of a voluntary-enrollment habitat Species Act. Central Office Operations for Post Secondary conservation plan for cold water fish in co- This can encourage the kind of vol- Schools for any fiscal year that exceed the operation with the States of Idaho and Mon- untary, cooperative efforts that can go amount appropriated for the schools for fis- tana (of which $250,000 shall be made avail- a long way towards recovering the bull cal year 2000 shall be allocated among the able to each of the States of Idaho and Mon- trout. Let me give you an example. A schools proportionate to the unmet need of tana), and’’. few years ago, I spent the day at the the schools as determined by the Post Sec- Mr. BAUCUS. Mr. President, I rise to ondary Funding Formula adopted by the Of- Foote Ranch, along the Blackfoot fice of Indian Education Programs and the support the amendment proposed by River, in Ovando, in Northwest Mon- schools on May 13, 1999. Senator CRAPO, along with myself, Sen- tana. Geoff Foote and others were re- (b) APPLICABILITY.—This section shall ator BURNS, and Senator CRAIG, to pro- storing Bull Trout habitat. Years ago, apply for fiscal year 2000 and each succeeding vide funding for the development of a a stream had been straightened. This fiscal year. habitat conservation plan for the re- had the indirect effect of reducing the covery of the bull trout and other cold amount of mud that gathered along the AMENDMENT NO. 1641 water fish in Montana and Idaho. sides of the stream, where bull trout (Purpose: To direct the Secretary of Agri- By way of background, the bull trout culture and the Secretary of the Interior spawn. So Geoff and others were re- to increase the number of youth employed favors cold, high-mountain streams channelizing the stream. during the summer to accomplish con- with lots of cover. Some are resident, We cut logs, hauled them by horse, servation projects) remaining in the same tributary all and placed the logs and large rocks so At the appropriate place, insert the fol- year round. Most, however, are migra- that the stream would meander and, by lowing new section: tory, heading upstream spawn in the doing so, provide better bull spawning SEC. . YOUTH CONSERVATION CORPS AND RE- spring, when the water starts to get habitat. LATED PARTNERSHIPS. warm. It was a cooperative effort, involving (a) Notwithstanding any other provision of Historically, bull trout were found folks from the Fish and Wildlife Serv- this Act, there shall be available for high throughout the Northwest, from Cali- ice, the Montana Department of Fish, priority projects which shall be carried out fornia to the Yukon Territory. Today, Wildlife, and Parks, local farmers and by the Youth Conservation Corps as author- ized by Public Law 91–378, or related partner- they are found primarily in Idaho and ranchers, and members of local envi- ships with non-Federal youth conservation Montana. The Montana population is ronmental organizations. Our amend- corps or entities such as the Student Con- located in the Clark Fork River and in ment will encourage further efforts, servation Association, in order to increase Lake Kookanusa, above the Libby along these same lines. the number of summer jobs available for Dam. The amendment does not modify the youth, ages 15 through 22, on Federal lands: There are many reasons for the de- substantive provisions of the Endan- (3) $4,000,000 of the funds available to the cline in the bull trout population, in- gered Species Act in any way. Nor does Forest Service under this Act; and (4) *** of the funds available to the Bureau cluding timber harvesting, road build- it implicate any of the controversies of Land Management under this Act. ing, farming and grazing, and dam con- surrounding the standards for HCPs. (b) Within six months after the date of en- struction. Ironically, efforts to help re- But it does provide funding to help actment of this Act, the Secretary of Agri- cover various salmon species in the Montana and Idaho continue their culture and the Secretary of the Interior S10838 CONGRESSIONAL RECORD — SENATE September 14, 1999 shall jointly submit a report to the House Mr. President, I now want to refer to in such a lean bill; however, we were and Senate Committees on Appropriations a ‘‘LWCF Authorization/Appropria- able to find offsets from a variety of and the Committee on Energy and Natural tion’’ chart. As this chart shows, the programs. These are difficult choices, Resources of the Senate and the Committee balance has been lost. FY1995 was the but well worth it. on Resources of the House of Representatives that includes the following: last year the LWCF stateside matching I wish we could have provided more (i) the number of youth, ages 15 through 22, grant program was funded. In that money for this important program. employed during the summer of 1999, and the year, over $600 million was requested However, it is a start. I will do all I can number estimated to be employed during the and only $25 million was appropriated. do to ensure that in conference the summer of 2000, through the Youth Conserva- Despite the past successes and growing Senate recede to the House and provide tion Corp, the Public Land Corps, or a re- demand, Washington pulled the rug out $30 million for the stateside matching lated partnership with a State, local, or non- from under the stateside program. profit youth conservation corps or other en- grant program. I also will continue to tity such as the Student Conservation Asso- Four years ago, Congress and the ad- seek permanent funding for this pro- ciation; ministration zeroed out the stateside gram so that we do not have to fight (ii) a description of the different types of program. That was a serious mistake. this annual appropriations battle. work accomplished by youth during the sum- Washington was being penny-wise and Our system of government works mer of 1999; pound foolish. The promise to Ameri- best when all levels of government (iii) identification of an problems that pre- cans set forth in the LWCF Act was vent or limit the use of the Youth Conserva- work together with the private sector tion Corps, the Public Land Corps, or related broken. to pursue shared goals. Few goals are partnerships to accomplish projects de- When the offshore oil leasing pro- as worthy as recreation for families scribed in subsection (a); gram began, a portion of the receipts and communities. Recreation is not a (iv) recommendations to improve the use were pledged to recreation and con- child’s play. It is more than a hobby. It and effectiveness of partnerships described in servation of America’s great outdoors. is a necessary component of our lives. subsection (a); and I see no reason not to meet that pledge. It boosts the economy. It helps build (v) and analysis of the maintenance back- I see many reasons to keep it. As the stronger families and communities. log that identifies the types of projects that chart shows, 2 years ago was a record the Youth Conservation Corps, the Public And it encourages conservation efforts Land Corps, or related partnerships are year for the Land and Water Conserva- and helps preserve open space. qualified to complete. tion Fund when over $900 million was So why deny communities matching appropriated. Out of the total, the Sen- funds for recreation from proceeds of AMENDMENT NO. 1642 ate appropriated $100 million for the our offshore leasing program? I support (Purpose: To increase funding for payments stateside matching grant program. offshore leasing and the use of some in lieu of taxes, with offsets) Unfortunately, the good work of the proceeds for stateside LWCF matching On page 5, line 13, strike ‘‘$130,000,000,’’ and Senate went for naught. This money insert ‘‘$135,000,000’’. grants to State and local governments. was lost in conference. None of this This amendment gives us a good rea- money went to the stateside grant pro- AMENDMENT NO. 1643 son to focus on the value of recreation gram. Every appropriated dollar went Purpose: To provide funds for the land and to our lives and how we can do a better water conservation fund stateside pro- to Federal land acquisition and main- job encouraging people of all ages to gram, with offsets. tenance of Federal land. enjoy America’s natural splendor. This year the mistake of closing On page 18, line 19, strike ‘‘program.’’ and Trips to national parks are remem- down this program is being recognized. insert ‘‘program, and in addition $20,000,000 bered for a lifetime, but most day-to- The administration requested $150 mil- shall be available to provide financial assist- day recreation takes place close to ance to States and shall be derived from the lion for a State land conservation home and demand for local recreation Land and Water Conservation Fund. grants program and $50 million for resources is high and increasing. We Mr. MURKOWSKI. Mr. President, I open space planning grants to States must restore the LWCF stateside pro- rise today to offer an amendment with and local governments as part of their gram; it is a good investment. This Senator LAUTENBERG and 25 other Sen- Lands Legacy proposal. As Chairman of amendment is a start. ators to provide $20 million for the the Senate Energy and Natural Re- Mr. LAUTENBERG. Mr. President, I stateside Land and Water Conservation sources Committee, I had to oppose the rise today in support of the amendment Fund or LWCF matching grant pro- administration’s proposal because to the Interior Appropriations bill that gram. these programs are not authorized by Too often we forget that—in addition the LWCF Act. I am offering with my colleague from to a National Park System—we have The President’s Land Legacy pro- Alaska, Mr. MURKOWSKI. national system of parks which in- posal sought to fundamentally restruc- I would like to thank our broad range cludes tens of thousands of State and ture the stateside matching grant pro- of bipartisan cosponsors: Senators local parks. More than 37,000 of these gram authorized by the LWCF Act. The BOXER, CHAFEE, DODD, ROTH, SESSIONS, State and local parks and recreation LWCF stateside program is a formula FEINGOLD, KERRY of Massachusetts, facilities have received a stateside grant program which provides monies LEAHY, LANDRIEU, LINCOLN, FRIST, LWCF matching grant, but there is a to State and local communities for the GRAHAM, COLLINS, SMITH of New Hamp- problem. The stateside LWCF program planning, acquisition, and development shire, GREGG, MOYNIHAN, WARNER, has been shut down because Congress of parks and recreation facilities. The BAYH, MCCAIN, AKAKA, FEINSTEIN, JEF- hasn’t funded it. Yet O.C.S. revenues President proposed to replace this pro- FORDS, and HAGEL. currently are at $4 billion. gram with a competitive grant pro- Mr. President, this amendment would Over 30 years ago, in a bipartisan ef- gram to the States for the purchase of restore funds to a program that has fort, Congress created the Land and land and open space planning. This pro- helped protect open space in every Water Conservation Fund. The LWCF posal would have changed the focus of State in the Nation through the State is funded with Federal revenues from the stateside program and undercut the grants section of the Land and Water off-shore oil and gas leasing which now federalism inherent in the existing pro- Conservation Fund. This amendment exceed $4 billion a year. LWCF money gram. restores $20 million in fiscal year 2000 can be used for two purposes: Nonetheless, I was encouraged that for these matching grants to States. (1) Acquisition of land by the four the President, after 4 years, recognized This ‘‘Stateside’’ program can be Federal land management agencies; the importance of sharing LWCF mon- used to fund a variety of public open and (2) matching grants to State and eys with State and local governments. space efforts, including State and coun- local governments for recreation facili- More progress in restoring stateside ty parks, State forests, boating and ties, parks, playgrounds, and camp- was made last month when the House swimming areas, and a variety of other grounds. The LWCF Act envisions a appropriated $30 million for the pro- recreational sites. balance: between the Federal and State gram. Mr. President, the House of Rep- and local parks; between the needs of With this amendment, the Senate is resentatives saw fit to include the pro- rural and urban populations; and be- doing its part. With tough budget tar- gram at $30 million in its Interior Ap- tween easterners and westerners. gets, it was not easy to find $20 million propriations bill. September 14, 1999 CONGRESSIONAL RECORD — SENATE S10839 We hope to come to their level in been approved by voters across the Na- continue to grow oranges or a historic conference after our initial funding at tion, States now have money available building in Orange County that can be $20 million. to match Federal dollars through the restored. Over the past 30 years, through the stateside program. It is now up to Con- Today, our natural heritage is dis- stateside program, over $3 billion has gress to make the Federal money appearing at an alarming rate. Each been provided to the States, and available. For those who criticize the year, nearly 3 million acres of farm- through them, to local governments, program as a form of pork, let me land and more than 170,000 acres of on a matching basis, to preserve ap- stress that States must put up 50 per- wetlands disappear. Each day, over proximately 37,000 park and recreation cent of the money for their projects. 7,000 acres of open space are lost for- areas. This is not a hand-out. This is a fis- ever. Mr. President, the decision to fund cally sound program that makes land Across America, parks are closing, open space programs through the Land and water conservation for thousands recreational facilities deteriorating, and Water Conservation Fund is one of of small communities around the coun- open spaces vanishing, historic struc- the wisest investments we can make. try a national priority. tures crumbling. Open spaces are more than just unde- The stateside program has been sup- Why is this happening? Because there veloped land. We all know that pro- ported by mayors, county officials, is no dedicated funding source for all tecting open spaces can guard sensitive governors, civic associations, outdoor these noble purposes—a source which drinking water supplies and preserve recreation groups, land conservancy can be used only for these noble pur- wildlife habitat. groups, conservation groups—the list poses. Open spaces are also a lasting legacy goes on and on. I have offered a comprehensive bill— we pass on to our children and grand- I add myself to that list as a strong Resources 2000—that provides the most children. proponent of the LWCF, including the sweeping commitment to protecting But there is another equally impor- stateside program. The Federal Gov- America’s natural heritage in more tant benefit of open spaces. ernment, in my opinion, plays a vital than 30 years. It will establish a dedi- In my State of New Jersey—the most role in assisting State and local gov- cated funding source for resource pro- densely populated State in the Na- tection. tion—open spaces provide working fam- ernments establish local parks and pro- But until such legislation is enacted, ilies of limited means a place to enjoy tect open and green space. Indeed, we must do what we can to fund these the outdoors at little or no cost. A day when I was Governor of Rhode Island, I important programs now. This amend- at the beach or a picnic in the park or started the Green Acres Program in ment does just that. a hike in the woods is a day well spent. 1964 for this purpose, and the Federal Mr. President, open space is ex- Government matched some of the This amendment will provide $20 mil- tremely valuable in my State. In a poll money to help get the program going. lion for the stateside portion of the last year by Quinnipiac College pub- Earlier this year, Senator LEAHY and Land and Water Conservation Fund. lished in the Newark Star-Ledger, 70 I circulated a letter to our fellow Sen- This is an important amendment for percent of New Jersey residents said ators, asking them to support full the future of our local communities, that preserving open space and farm- funding for the LWCF. Thirty-six of our quality of life, the recreational op- land is more important than commer- our colleagues in the Senate endorsed portunities of our families and the cial growth and development in rural that letter and signed it. What a tre- preservation of our important lands. areas. mendous showing of bipartisan sup- The Land and Water Conservation Mr. President, it is extremely grati- port! Fund is a fund that was developed out fying when members of both parties I am very pleased that the managers of a bargain between the development can join together in support of a pro- of the bill have agreed to this amend- of the offshore oil and the preservation gram that has provided untold benefits ment. of nonrenewable assets in our commu- for millions of Americans. I want to Mrs. BOXER. Mr. President, I am nities and throughout our Nation. thank Senator MURKOWSKI and my pleased to join the Senator from Alas- Since 1965, we have appropriated other colleagues who support this ka, Mr. MURKOWSKI, and the Senator some $3 billion to local governments, amendment. I ask all of my colleagues from New Jersey, Mr. LAUTENBERG, in States and local governments, to help to join us to preserve open space for offering this important bipartisan them protect and conserve these as- America’s families. amendment to provide much needed sets. States and local governments Mr. CHAFEE. Mr. President, I am ex- funding for the stateside program of have matched that with an additional tremely pleased to cosponsor the bipar- the Land and Water Conservation $3 billion. That match tells us the kind tisan amendment, offered by my col- Fund. of priority that our local communities league from Alaska, regarding the Additional co-sponsors include Sen- place upon this program. Land and Water Conservation Fund. ators CHAFEE, ROTH, DODD, LANDRIEU, Unfortunately, in 1995 it all stopped The amendment provides $20 million SESSIONS, FEINGOLD, LINCOLN, LEAHY, and Congress failed to appropriate for matching grants to States under FRIST, KERRY, GRAHAM, COLLINS, SMITH money for the program. One of the the Land and Water Conservation of New Hampshire, GREGG, MOYNIHAN, most successful programs that we have Fund, which, for almost 30 years, had WARNER, BAYH, MCCAIN, AKAKA, FEIN- at the Federal level stopped. Since that enabled small communities throughout STEIN, JEFFORDS, and HAGEL. time, if had provided the money that the Nation to establish local parks, The stateside program has, once this program was truly entitled to, build sports fields, acquire green ways again (since fiscal year 1995) been ze- there would have been an additional and trails, and support community gar- roed-out. Our amendment provides $20 $2.5 billion that would have then been dens. million for this popular program. matched by another $2.5 billion in non- The stateside program under the As the 21st century approaches, we federal dollars. That would be $5 billion LWCF is a worthwhile conservation must renew our commitment to our going toward improving quality of life program that for too long has been natural heritage. That commitment and protecting and conserving natural without any funding at all. It has re- must go beyond a piecemeal approach. resources based upon the priorities of ceived nothing since 1995, and States It must be a comprehensive, long-term those local communities. have been strapped to find money for strategy to ensure that when our chil- Mr. President, every state across the their own conservation efforts without dren’s children enter the 22d century, Nation benefits from this program. I any Federal assistance. As pressures they can herald our actions today, as have here a book put together by the for development and sprawl increase in we revere those of President Roosevelt. National Recreation and Park Associa- many parts of the Nation, it is more And preservation in the 21st century tion listing hundreds of projects in important than ever to help States pro- goes beyond protection of such wonders every state that are in dire need of this tect the open and green spaces that are as Yosemite and Yellowstone. It must funding. crucial for a healthy community. include an urban park in East Los An- In my State of California, we have And with the recent ballot initiatives geles where children can play basket- used stateside funding to team up with to promote conservation that have ball, a farm in Tulare County that can local sponsors to purchase areas of S10840 CONGRESSIONAL RECORD — SENATE September 14, 1999 Redwoods State Park, the Santa AMENDMENT NO. 1647 AMENDMENT NO. 1649 Monica Mountains, Lake Tahoe and (Purpose: Provide funding for an environ- (Purpose: To provide funds for timber pipe- San Deguito Park. But there is still mental impact statement to be prepared by line supply on the Tongass National For- more that needs to be done. the Forest Service, as mandated by the 9th est) One project that I requested funding Circuit Court of Appeals) On page 76, line 12 of the bill, insert the for this year is the Urban Nature Cen- On page 63, line 6, strike the period and in- following before the paragraph beginning ter and Sanctuary in Ernest Debs Park sert in lieu thereof the following: ‘‘: Provided, with the word ‘‘Of’’: ‘‘From any unobligated That of the amount provided under this balances available at the start of fiscal year in Los Angeles. This Park would pro- heading, $750,000 shall be used for a supple- vide nature experiences for some of the 2000, the amount of $11,550,000 shall be allo- mental environmental impact statement for cated to the Alaska Region, in addition to city’s most underserved children and the Forest Service/Weyerhaeuser the funds appropriated to sell timber in the their families. Huckleberry land exchange, which shall be Alaska Region under this Act, for expenses The National Audubon Society in co- completed by September 30, 2000.’’ directly related to preparing sufficient addi- operation with the City of Los Angeles, tional timber for sale in the Alaska Region AMENDMENT NO. 1648 is developing a model Urban Nature to establish a three year timber supply.’’ Center in Ernest Debs Regional Park in (Purpose: To strike section 129 in its entirety Northeast Los Angeles. This surpris- and replace with language that directs a AMENDMENT NO. 1650 review of possible alternatives to the (Purpose: To set aside funding for a feasi- ingly natural, 195-acre site, run by the Weber Dam on the Walker River Paiute bility study on the preservation of certain City’s Recreation and Parks Depart- Reservation in Nevada without requiring Civil War battlefields along the Vicksburg ment, is five miles northeast of down- completion of an Environmental Impact Campaign Trail) town Los Angeles. It rises above some Statement. The new language directs of the city’s densest urban neighbor- $200,000 to complete the review. This On page 17, line 22, insert before the colon hoods, yet is home to more than 80 spe- amendment retains the $125,000 for an anal- the following: ‘‘, and of which not less than $1,000,000 shall be available, subject to an Act cies of birds and other wildlife. Within ysis of the feasibility of establishing a Tribally operated Lahontan Cutthroat of authorization, to conduct a feasibility two miles of the park, there are more study on the preservation of certain Civil than 30,000 children, mostly Latino, at- trout fish hatchery on the Walker River within the Reservation, but identifies a War battlefields along the Vicksburg Cam- tending school for whom the park and different source for funding. $175,000 of the paign Trail, and’’. the nature center could be a giant out- funds appropriated in this amendment door classroom. shall be made available through a cor- AMENDMENT NO. 1651 The Nature Center is an exciting op- responding reduction in Bureau of Land At the end of Title I, insert the following: portunity to bring together Audubon’s Management Wildland Fire Management SEC. . Notwithstanding any other provi- traditional sources of support for con- Account. $150,000 of the funds appropriated sion of law, in conveying the Twin Cities Re- servation education with city, state in this amendment shall be made available search Center under the authority provided and federal funds for parks, trails and through a corresponding reduction in the by Public Law 104–14, as amended by Public Law 104–208, the Secretary may accept and habitat restoration. For its part in this Water Resources Investigations Program of the U.S. Geological Service. Within this retain land and other forms of reimburse- innovative public/private partnership, program, $250,000 was directed for hydro- ment: Provided, That the Secretary may re- the City of Los Angeles will dedicate $1 logic monitoring to support implementa- tain and use any such reimbursement until million in existing County bond funds tion of the Truckee River Water Quality expended and without further appropriation: for habitat enhancement. The Audubon Settlement Agreement (Senate Report 106– (1) for the benefit of the National Wildlife Society is dedicated to raising $4 mil- 99, page 43), and $150,000 was directed to Refuge System within the State of Min- lion in private contributions. I re- complete an endocrine disruption study in nesota; and (2) for all activities authorized quested $1 million for the federal con- the Las Vegas Wash (Senate Report 106–99, by Public Law 100–696, U.S.C., 460zz. tribution for this project, but nothing page 43). This amendment would reduce the AMENDMENT NO. 1652 was provided. Truckee River item by $100,000 and the Las Vegas Wash endocrine disruption study by Mr. President, this is the kind-of On page 13, line 9, after the word ‘‘ex- $50,000) pended’’ include: ‘‘of which not to exceed thing we are always pushing for—fed- Starting on page 60, line 20 and continuing $1,000,000 shall be available to the Boyer eral/non-federal, public/private collabo- through page 62, line 3, strike SEC. 129 in its Chute National Wildlife Refuge for land ac- ration on important projects. And entirety and insert: quisition.’’ while others are contributing their ‘‘SEC. 129. WALKER RIVER BASIN.—$200,000 is On page 13, line 8, strike ‘‘$55,244,000’’ and share, the federal government is doing appropriated to the U.S. Fish and Wildlife insert ‘‘56,244,000’’. nothing. This must change. Service in FY 2000 to be used through a con- Mr. President, this amendment is a tract or memorandum of understanding with AMENDMENT NO. 1653 the Bureau of Reclamation, for: (1) the inves- small step toward fulfilling our com- On page 17, line 22 insert before the colon tigation of alternatives, and if appropriate, the following: ‘‘, of which $500,000 shall be mitment to the Land and Water Con- the implementation of one or more of the al- servation Fund. I urge my colleagues available for the Wilson’s Creek National ternatives, to the modification of Weber Battlefield,’’. to support this amendment. Dam on the Walker River Paiute Reserva- tion in Nevada; (2) an evaluation of the feasi- AMENDMENT NO. 1644 AMENDMENT NO. 1654 (Purpose: To provide for increased funding of bility and effectiveness of the installation of a fish ladder at Weber Dam; and (3) an eval- On page 18, line 19 before the period insert certain programs of the Smithsonian Insti- the following: ‘‘and of which $200,000 shall be tution and the Indian Health Service, with uation of opportunities for Lahontan Cut- throat Trout restoration in the Walker River available for the acquisition of lands at Fort an offset for National Park Service) Basin. $125,000 is appropriated to the Bureau Sumter National Monument’’. S. 1292 is amended by the following: of Indian Affairs in Fiscal Year 2000 for the On page 17, line 19, strike ‘‘$221,093,000’’ and benefit of the Walker River Paiute Tribe, in AMENDMENT NO. 1655 insert in lieu thereof ‘‘$216,153,000’’. recognition of the negative effects on the On page 82, line 13, strike ‘‘$2,135,561,000’’ On page 10, line 16, after ‘‘herein,’’ insert Tribe associated with delay in modification and insert in lieu thereof ‘‘$2,138,001,000’’. ‘‘of which $150,000 shall be available to of Weber Dam, for an analysis of the feasi- On page 90, line 3, strike ‘‘$364,562,000’’ and Michigan State University toward creation bility of establishing a Tribally-operated insert in lieu thereof ‘‘$367,062,000.’’ of a community development database, and’’. Lahontan cutthroat trout hatchery on the Walker River as it flows through the Walker AMENDMENT NO. 1645 AMENDMENT NO. 1656 River Indian Reservation: Provided, That for On page 24, at the end of line 10 insert the On page 78, line 17, insert after the comma the purposes of this section: (i) $100,000 shall following before the colon: ‘‘Provided further, ‘‘of which $1.6 million shall be for grants to be transferred from the $250,000 allocated for municipal governments for cost-shared re- the U.S. Geological Survey, Water Resources That not to exceed $198,000 shall be available search projects in buildings, municipal proc- Investigations, Truckee River Water Quality to carry out the requirements of Section esses, transportation and sustainable urban Settlement Agreement; (ii) $50,000 shall be 215(b)(2) of the Water Resources Develop- energy systems, and’’. transferred from the $150,000 allocated for ment Act of 1999’’. the U.S. Geological Survey, Water Resources AMENDMENT NO. 1646 Investigations, Las Vegas Wash endocrine AMENDMENT NO. 1657 (Purpose: To provide funding for Wheeling disruption study; and (iii) $175,000 shall be At the end of Title III of the bill, add the National Heritage Area) transferred from the funds allocated for the following: On page 17, line 22, strike ‘‘$4,000,000’’ and Bureau of Land Management, Wildland Fire ‘‘SEC. . Each amount of budget authority insert ‘‘$5,000,000’’. Management.’’ for the fiscal year ending September 30, 2000, September 14, 1999 CONGRESSIONAL RECORD — SENATE S10841 provided in this Act for payments not re- South Dakota School of Mines and the BIA. I welcome a pilot effort to quired by law, is hereby reduced by .34 per- Technology has the capability to use move toward that goal. cent: Provided, That such reductions shall be CT scans to create high-resolution, Mr. DOMENICI. Mr. President, Chair- applied ratably to each account, program, three-dimensional images of a fossil man GORTON and I have both discussed activity, and project provided for in this Act.’’ and its internal structure that can be the TPA accountability issue with accessed by scientists over the next Kevin Gover, the Assistant Secretary AMENDMENT NO. 1359 generation Internet. I strongly urge for Indian Affairs at the BIA. Mr. Mr. GORTON. Mr. President, finally, the administration to fund initiatives Gover has recommended a pilot project I ask unanimous consent that the of this type in its fiscal year 2001 budg- at Eight Northern Pueblos Agency in pending technical amendment No. 1359 et, and to move forward as quickly as New Mexico. The purpose of this pilot be adopted and the motion to recon- possible with steps that can improve program would be to demonstrate the sider be laid upon the table. public access to these fossils. ability of tribes to assess their own The PRESIDING OFFICER. Without Mr. GORTON. I agree with the Sen- needs and then develop TPA budgets objection, it is so ordered. ator from South Dakota that it is im- that allow the BIA to track just how The amendment (No. 1359) was agreed portant that the Secretary complete TPA funds are being used to achieve to. this study expeditiously and explore specific results for tribes. Mr. GORTON. Mr. President, I move ways to use information technology to Mr. GORTON. I was glad to see this to reconsider the vote on the last set of maximize the ability of paleontologists pilot program recommended in the collective amendments, and I move to to study scientifically significant fos- TPA report I have recently received lay that motion on the table. sils. from the BIA. We required this report The motion to lay on the table was Mr. BYRD. I also agree with the Mi- in last year’s appropriations bill. I agreed to. nority Leader. The Department of the have also noted that Nambe Pueblo has PRESERVATION OF FOSSILS COLLECTED FROM Interior should provide the results of gone through a long process of local PUBLIC LANDS its analysis to Congress quickly and meetings to catalog their needs and or- Mr. DASCHLE. Mr. President, last support funding for initiatives that ganize their plans for using TPA funds. year I worked closely with my col- will use new technology to make im- They have persevered in developing a leagues Senator BYRD and Senator portant scientific data available. model needs based budget process. GORTON to place language in the report PILOT PROGRAM FOR TRIBAL PRIORITY Mr. DOMENICI. Yes, Mr. Chairman, accompanying the Fiscal Year 1999 De- ALLOCATION IN THE BIA Nambe Pueblo leaders have broken new partment of Interior appropriations Mr. DOMENICI. Mr. President, the ground in developing budgets to meet bill directing the Secretary to report Tribal Priority Allocation (TPA) Pro- their own needs. Nambe Pueblo is a to Congress on the need for a uniform gram of the Bureau of Indian Affairs small pueblo with 633 members. It is lo- federal policy guiding the collection of (BIA) has been an issue of controversy cated about 20 miles north of Santa Fe. fossils from public lands. This was an for several years. For next year, the Their Governor, David Perez, and important step that was long overdue. Senate Interior appropriations bill pro- Councilman Tony Vigil and many oth- Public lands such as those adminis- vides $693 million for TPA. This money ers at Nambe have spent hours, days, tered by the Forest Service, Bureau of is used by local tribal governments to and nights developing a very thorough Land Management and other agencies operate a wide range of programs like description of their precise needs. They are some of our nation’s finest reposi- public safety, resources management, have worked closely with Eight North- tories of fossils. By studying fossils, education, economic development, and ern Indian Pueblos (ENIP) Executive paleontologists learn information that human services. Director Bernie Teba and ENIP Chair- is vital to understanding the Earth and Many tribes are not able to relate man Walter Dasheno, who is also Gov- the history of life on this planet. Un- TPA funds to their own tribal needs ernor of Santa Clara Pueblo, to docu- fortunately, the variety of policies with any specificity. As a result, the ment their needs in several key cat- used by federal agencies to guide the BIA simply does not know, and is not egories. collection of fossils from these lands able to relate TPA spending to actual In the area of Land Resources, for ex- are confusing to the public, do not en- tribal needs. We are not saying that ample, Nambe Pueblo has identified a sure that scientists have a full oppor- tribes misuse these funds. We are say- solid waste disposal system, flood and tunity to study valuable specimens, ing that there is precious little infor- erosion control needs, and an agricul- and do not ensure that fossils are ade- mation about how TPA funds are di- tural land recovery plan. For commu- quately preserved for the future. I be- rected toward tribal needs as deter- nity services, they have identified lieve it is time that we developed such mined by the tribes themselves. youth services and senior citizen serv- a policy and implemented measures to Mr. GORTON. Mr. President, I concur ices. Their facility needs have been maximize access to and preservation of with this observation about the poor catalogued, and their economic and important fossil specimens. BIA oversight and management of lo- tourism plans have been laid out. I am very pleased that the Depart- cally operated TPA programs. The BIA Mr. GORTON. This sounds like a very ment has undertaken a serious review has not been able to tell the Senate thorough effort. I would like to join of this issue and is consulting with all just how these funds are spend by trib- Senator DOMENICI in commending the stakeholders to ensure that it provides al governments. Other than broad cat- Nambe Pueblo for their hard work in Congress with the best information and egories, the tribes themselves do not developing a needs data base system recommendations possible. It is my have to report how these funds are that will enable them to track the use hope that this report will be completed meeting trial needs and goals. There of TPA funds. expeditiously so that we can work with are so many eligible uses for these Mr. DOMENICI. When Assistant Sec- the administration on any follow-up funds that tribes do not report TPA retary Gover first presented this idea measures that may be required. spending to the BIA with any speci- to me a few months ago, he told me In the meantime, it is my hope that ficity. In public safety, for example, that ENIP had developed a solid ap- the administration will move forward TPA funds can be spend for police cars. proach for accountability that should with one important way that it can im- Natural resource funds can be spent on be tried as a pilot for other tribes to mediately make fossils more readily growing blue corn or improving a fish emulate. Some of the other members of available to the public. New informa- hatchery. ENIP are anxious to try this approach tion technology has given us the abil- The BIA has little information about to becoming more accountable to their ity to send vast amounts of data any- how tribal goals are being met with tribal members, the BIA, and the Con- where in the world almost instanta- TPA funds, and TPA funds make up al- gress. It is a lot of work, but there is neously. I believe the administration most half of the entire BIA operations also a lot of benefit to be able to map should begin immediately to explore budget for Indian programs. Any effort out a complete picture of tribal needs ways to utilize this capability to make to help us clarify the precise use of and resources. data about critical fossils available to TPA funds will be a major step forward With Assistant Secretary Gover’s scientists worldwide. For example, the in accountability for both tribes and continuing enthusiasm and support, I S10842 CONGRESSIONAL RECORD — SENATE September 14, 1999 am confident that a new beginning for amount of the diesel fuel market, if the Mr. HATCH. Mr. President, I appre- accountability in TPA funding will ac- GTL process can be proved to be viable. ciate the support of the chairman of tually be born at Nambe Pueblo. We I have been interested in securing the Interior Appropriations Sub- will count on him to implement this funding a private-public partnership to committee in this matter which is of ENIP pilot from existing TPA funds. study GTL’s performance as fuel. The great concern to my constituents. Mr. We believe we have given him enough study will report on the following: (1) President, this amendment in no way authority in this bill and other legisla- How important fuel characteristics af- gives assent to the Secretary of the In- tion to implement this accountability fect the performance and emissions of terior or any other government official pilot program, and we look forward to different diesel engines; (2) Experi- to decommission other water projects its early success. mental performance of diesel engines without Congressional approval. Any Mr. GORTON. Mr. President, like burning fuels like GTL fuels; (3) Engine effort by the administration to decom- Senator DOMENICI, I look forward to a design modifications which enhance mission a Bureau of Reclamation better future in accountability for TPA performance using such fuels; and (4) project without the approval of Con- funds. This program is critical for Chemistry of GTL production. I would gress or of those most affected by the tribes and they should also be able to ask if the subcommittee chairman is action, in my view, would be measure their own progress against aware of the premise that GTL tech- unsupportable. local needs as suggested by the Nambe nology has in producing a cleaner burn- REGARDING THE INSTITUTE OF MUSEUM AND Pueblo plan. I support this rec- ing fuel? LIBRARY SERVICES ommendation for a TPA accountability Mr. GORTON. I am aware. ARCO, Mr. MOYNIHAN. Mr. President, I pilot program from existing TPA funds which is well known in Alaska, re- want to commend the chairman for the and I look forward to some positive re- cently constructed and started a 70 excellent job he has done under dif- sults. barrel per day Gas-to-Liquids plant in ficult circumstances in providing fund- Mr. DOMENICI. I thank the Chair- Blaine, Washington, near Bellingham. ing for our cultural agencies—the Na- man of the Interior Appropriations ARCO did this with its own money and tional Endowments for the Arts (NEA) Subcommittee for his extraordinary ef- that of Syntroleum. With industry sup- and the Humanities (NEH), and the In- forts to bring fairness and account- port like that we should encourage stitute of Museum and Library Serv- ability to the BIA’s TPA Program. It is these developments. Pacific Northwest ices (IMLS). the single largest expenditure in the Lab is also heavily involved in diesel Mr. GORTON. In Committee on the BIA, followed by school operations. I engine development because it is the Senate side, we were able to boost believe tribes will benefit from the most efficient internal combustion en- funding for the Institute of Museum fruits of this pilot, and the Congress gine. Unfortunately, we had numerous and Library Services by $500,000, from will be better able to justify TPA ex- constraints on the Interior appropria- its fiscal year 1999 level of $23.405 mil- penditures. We will have better knowl- tions this year. lion, to $23.905 million for fiscal year edge of just how TPA funds help tribes Mr. STEVENS. Perhaps my col- 2000. And now we have adopted the to meet their own local needs and leagues agree that we should try to Cochran and Bennett amendments as goals. work with the Department of Energy part of the managers’ amendment to boost funding for the NEH and NEA by ALTERNATE FUELS RESEARCH on organizing a more pronounced effort Mr. MURKOWSKI. Mr. President, I there to support research on cleaner $4.000 million each. Mr. MOYNIHAN. I was pleased to co- understand that my colleague from diesel from natural gas. sponsor those amendments. I think we Alaska wants to comment with me on Mr. MURKOWSKI. I hope we can join have done well by those two agencies. Department of Energy funding for al- together to work with the Department Now, as I understand it, the House of ternate fuels research. of Energy to find some funds within Representatives appropriated $24.400 Mr. STEVENS. I do. the Department to support this effort. Mr. MURKOWSKI. Mr. President, as Mr. GORTON. I will be pleased to million for IMLS. Mr. GORTON. Initially—that amount the chairman of the Committee on Ap- work with my colleagues from Alaska. was subject to a 0.48 percent across- propriations knows, the Environmental LAKE POWELL the-board reduction; consequently, the Protection Agency and the country Mr. HATCH. Mr. President, recently House-passed funding level is $24.282 have been constantly seeking cleaner- a handful of environmentalists have million, or $377,000 more than what the burning diesel fuel. In fact, the admin- called for the draining of Lake Powell Senate Committee on Appropriations istration has already announced new, and the decommissioning of the Glen reported. Canyon Dam. As the second largest stricter emissions standards for heavy Mr. MOYNIHAN. As the chairman man-made lake in the country, Lake vehicles as an incentive to move to knows, several of us—Senators WAR- Powell provides critically important other technologies. Would the Senator NER, BENNETT, COCHRAN, JEFFORDS, water storage for the states of the Col- agree that the answer to this issue lies REED, and KENNEDY, among others— partly in the engine design, but more orado River basin—the driest region in support the House-passed funding level importantly in the type of fuel we the United States. As many of my col- for IMLS, and contemplated offering burn? leagues from both sides of the aisle al- an amendment here on the floor to Mr. STEVENS. Yes, I agree with the ready know, Mr. President, draining achieve it. Chairman of the Committee on Energy Lake Powell is unsupportable. This Mr. GORTON. I say to my friend from and Natural Resources. The Depart- amendment puts this issue to rest once New York that I am aware of the ment of Energy has been investigating and for all. This legislation simply pro- strong support for the IMLS here in alternate fuels that would improve air hibits the federal government from the Senate. Rest assured that I will emissions but not require a new infra- taking any action to drain Lake Powell give every consideration to providing structure or delivery system such as or to decommission the Glen Canyon additional support for the IMLS when would be required in the use of com- Dam without Congressional approval. we go to conference on the bill. pressed natural gas. One possibility is Mr. GORTON. Mr. President, I wish Mr. MOYNIHAN. This is wonderful Gas-to-Liquids or GTL. The GTL proc- to say to my good friend from Utah news indeed. The Institute of Museum ess takes natural gas and converts it to that I agree that draining Lake Powell and Library Services provides essential a liquid fuel that has the characteris- is not a reasonable proposal, and I sup- support to our nation’s 8,000 non-Fed- tics of diesel fuel, only without sulfur, port his effort to put the issue to rest eral museums and, through a different which interferes with the catalysts with this amendment. However, I appropriation, 120,000 libraries. It goes that clean up emissions. would like to ask my colleague from about its business quietly and profes- Mr. MURKOWSKI. Natural gas is Utah if he believes that his amendment sionally, with scant attention paid nearly everywhere in the United States in any way opens the door to the ad- here, but the thriving condition of our and does not need to be imported. We ministration to pursue the decommis- museums provides ample evidence of have somewhere between 30 to 60 tril- sioning of other Bureau of Reclamation its competence and importance. lion cubic feet of natural gas in Alaska, projects without Congressional ap- I think, perhaps, we have turned the which could replace a significant proval? corner on Federal support for the arts September 14, 1999 CONGRESSIONAL RECORD — SENATE S10843 and humanities, for culture. The chair- have a legitimate role in helping rem- Mr. WARNER. I thank the Senator man deserves much of the credit and an edy this situation? from Washington. enormous debt of gratitude for his un- MR. GORTON. The Senator raises a FUNDING FOR MARK TWAIN HOUSE wavering support for the NEA, NEH, good point. Obviously there is a federal and IMLS and for steadily shepherding interest in protecting these collections. Mr. LIEBERMAN. Mr. President, I their appropriations during these past While I cannot commit to providing rise to express my regret that the Inte- few, difficult years. funding for this project in the future, I rior Appropriations bill under consider- FEDERAL MUSEUM COLLECTIONS AT THE UTAH will work closely with my colleague ation here includes no money for the MUSEUM OF NATURAL HISTORY from Utah. Until that time, however, I Save America’s Treasury Campaign. I Mr. BENNETT. Mr. President, I want think it would be quite appropriate for would like to describe one of the many to raise an issue that was recently the various agencies to lend their re- important projects that will go unreal- brought to my attention in Utah. It is sources and expertise by participating ized for lack of funding. This valuable a long-term project that I intend to un- the partnership that has been created. project is the preservation of the Mark dertake and I hope that the committee I would encourage them to do so. Twain House in Hartford, Connecticut, will support me in this effort. MR. BENNETT. I thank the chair- and construction of a complementary The Utah Museum of Natural History man and I look forward to working education and visitor center near the contains collections of more than one with him. house. million objects and specimens in the INSTITUTE OF MUSEUM AND LIBRARY SERVICES Mark Twain wrote seven major fields of geology, biology and anthro- Mr. WARNER. Mr. President, will the books, including ‘‘Tom Sawyer’’ and pology. It ranks as one of the largest Senator from Washington care to enter the ‘‘Adventures of Huckleberry Finn,’’ and most comprehensive collections for into a colloquy regarding museums while living with his family in the the western states. Overall, more than funding? house, which he built in 1874. It is pro- 75 percent of the museum’s collections Mr. GORTON. I thank the Senator jected that the visitor’s center would are federally owned; that is, recovered from Virginia and will be happy to en- help double—to a total of 100,000—the from federally managed public lands. gage in a colloquy. annual number of visitors to Mark Of the remaining 25 percent of the col- Mr. WARNER. I understand the need Twain House and contribute an esti- lections, a significant portion was col- to adequately address arts funding and mated 12 million dollars every year to lected on state lands under federally commend the Chairman’s leadership in the Connecticut economy. mandated permitting procedures. The securing $500,000 above last year’s ap- museum is a repository for collections propriations for our nation’s museums If money does come available for the from BLM, Forest Service, Park Serv- and libraries. However, this is still Save America’s Treasures Campaign, ice and Bureau of Reclamation lands. $500,000 short of the House funding would you agree that the Mark Twain Additional specimens have been col- level to continue the great work done House should be high on the priority lected from Department of Defense by the Institute of Museum and Li- list? lands as well. brary Services (IMLS). Mr. GORTON. Yes. Mark Twain is a There are numerous authorities de- As the Chairman knows, federal historical and cultural icon of great fining the legal relationship between funds play an important role in assur- importance. Mark Twain’s written the federal agencies and museums and ing that Americans have access to ex- works represent an American lit- research universities such as the cellent museum services. 8,000 muse- erature legacy and I know that this Smithsonian’s Organic Act passed in ums and 120,000 libraries throughout project is of great importance to Con- 1879, the Antiquities Act of 1906, NEPA the country have benefited from Con- necticut and to America. and most recently, the National Ar- gressional support of IMLS. Mr. LIEBERMAN. I thank Senator chaeological Graves Protection and Re- IMLS programs affect a broad seg- GORTON. I appreciate his hard work on burial Act of 1990. The large number of ment of Americans and not an elite this important legislation. federal collections in the museum is few. It helps small, rural museums gain the consequence of the high percentage access to resources such as database GLACIER BAY NP VISITOR FACILITIES FUNDING of federally owned lands in Utah. Utah technology development by the larger Mr. MURKOWSKI. Mr. President, I ranks second among all states in per- museums. IMLS improves public acces- wonder if the Subcommittee chairman centage of federal lands; thus, field re- sibility of museums, while allowing would be willing to discuss with myself search in the natural sciences in Utah local communities to decide on the and the senior senator from Alaska, largely takes place on federal lands. content and programs of their own mu- the Chairman of the full committee on Unfortunately, the current facilities seums. Appropriations certain issues regarding at the Utah Museum of Natural History Additional funding will allow IMLS the Glacier Bay National Park Visitor used to house the federal collections to provide technological improve- Facility. are inadequate. Lack of space, mate- ments, making museum and library Mr. GORTON. Yes, I will join the Ap- rials, supplies and personnel have cre- collections available online and acces- propriations Chairman and the Chair- ated a situation where the collections sible to learners of all ages. man of the Committee on Energy and are in jeopardy of being permanently I ask you to urge the Senate con- Natural Resources. lost. This is not in anyway caused by ferees to recede to the House position the neglect of the museum staff, but it on IMLS funding and support a rel- Mr. MURKOWSKI. Mr. President, I is simply a lack of space and funding to atively modest $500,000 increase in the thank my good friend. Being a member adequately store all of the collections IMLS budget so museums and libraries of the Committee on Energy and Nat- properly. across the country will be able to ex- ural Resources the subcommittee I became interested when this situa- tend their educational services, expand chairman is well aware of Glacier Bay tion was brought to my attention a few teacher training, preserve our cultural National Park. He is aware of it this months ago. Since that time, my staff heritage for our posterity and increase year for some of the controversy that have been looking into various options access to valuable resources for Amer- has been caused by the Park Service’s to help remedy the situation. In the ica’s children. attempts to prohibit commercial and meantime, the museum has done a tre- Mr. GORTON. I thank the Senator subsistence fishing within the bounds mendous job putting together a master from Virginia and I will be pleased to of the park. plan, organizing partners and seeking recommend that the conferees consider However, there is an area that the private donations to relocate the muse- your thoughtful request to recede to local community, the Park Service, ums. But they are limited in their abil- the House proposal, which increases and the Alaska Congressional Delega- ity to raise funds without some federal funding for the IMLS by an amount of tion do want to work together on in participation and commitment. And $500,000 above the Senate level. I appre- the park—a new visitor facility. Gla- with that in mind, I want to seek the ciate the Senator from Virginia’s sup- cier Bay National Park is one of Alas- chairman’s input on that question. port for the work of the IMLS and hope ka’s treasures. More than 350,000 visi- Does the chairman believe that the fed- that our final allocation is such that tors come to the park each year. Cur- eral agencies such as the BLM, Forest we are able to provide additional fund- rently, there is no single place for Service and the National Park Service ing for museum programs of the IMLS. them S10844 CONGRESSIONAL RECORD — SENATE September 14, 1999 to go to learn about the park re- Committee’s position that the local provision within the bill. As we all are sources, native inhabitants, and spec- match may also include in-kind dona- aware the Environmental Protection tacular beauty. The local native cor- tions such as land, labor and mate- Agency is proposing to reduce the lev- poration has proposed a shared cost ef- rials? els of sulfur in gasoline and diesel fuel. fort with the Park Service to build Mr. GORTON. The Senator is correct. I note that the bill before us recognizes such a facility. Is the subcommittee Mr. BENNETT. With regards to the this new proposal and urges the De- chairman aware of this? proposed final management plan for partment of Energy to continue re- Mr. GORTON. I am aware of these ef- the Grand Staircase Escalante Na- search on biocatalytic desulfurization forts and would encourage the National tional Monument, is it the Chairman’s technologies to assist the refining in- Park Service to work closely with the understanding that the State of Utah’s dustry in meeting these new require- native corporation to further develop authority over wildlife management ments. Was it the Committee’s intent this proposal in light of the fact that and wildlife damage prevention within that the Department continue to sup- they use private dollars to maximize the monument shall remain un- port the ongoing gasoline public resources. Visitor centers are changed? biodesulfurization project in the Indus- becoming a very expensive item in the Mr. GORTON. The Senator is correct. tries of the Future program in an effort Interior budget. This approach should The Committee would be concerned to ensure that the technology is avail- set an example for future facilities of should the language of the final man- able to the refining industry to meet this type. agement plan diminish the ability of the new EPA rules? Mr. MURKOWSKI. Currently there is the State of Utah to manage wildlife Mr. GORTON. That was the intent of not a specific line item appropriation damage prevention within the Monu- the Committee. This research is very in the bill before us, H.R. 2466, for this ment. If this is the case, I would hope promising and I thank you for bringing project. However, it would be my hope BLM would consult with the State of this point to our attention. that in conference the senior senator Utah during the Governor’s Consist- ARCHIE CARR NATIONAL WILDLIFE REFUGE from Alaska and the Subcommittee ency Review to amend that language to Mr. GRAHAM. Mr. President, I ask Chairman could work to find the dol- prevent any potential conflict that the distinguished chairman of the sub- might occur. lars for design and construction needed committee if he would consent to dis- Mr. BENNETT. Again, I thank the to make this visitor center a reality. cuss with Senator MACK and me one of Chairman. I have one final question re- Mr. STEVENS. I say to my colleague Florida’s national wildlife refuges, the garding the Desert Tortoise Recovery from Alaska that I will work with him Archie Carr National Wildlife Refuge program. There is a proposal by the to try and find the funds needed for in Brevard County, Florida. U.S. Fish and Wildlife Service to create this project. It is a god project for the Mr. GORTON. I am pleased to join a new position of a tortoise recovery community and a worthwhile one for my colleague from Florida in a col- coordinator that reports out of the the government. I have been a Glacier loquy. Reno Nevada office. This is of concern Bay on numerous occasions and am Mr. GRAHAM. The Archie Carr Na- to me. As the Chairman knows, Wash- supportive of increased visitor facili- tional Wildlife Refuge is located in ington County has made tremendous Brevard County, Florida, home of Flor- ties. As I understand it no authoriza- progress toward completing a Habitat tion is needed for this as the Secretary ida’s ‘‘Space Coast.’’ The 900-acre ref- Conservation Plan and recovery pro- uge extends along the coast from Mel- has existing authority under section gram. They have put together an effec- bourne Beach to Wabasso Beach, and it 1307 of the Alaska National Interest tive, balanced team and compared to is home to the most important nesting Lands Conservation Act. other recovery units, Washington Mr. MURKOWSKI. The Senator is area for loggerhead sea turtles in the County and its key partners including correct. Authorization does exist to do western hemisphere and the second the State of Utah, BLM and State most important nesting beach in the this. Parks have accomplished a great deal Mr. GORTON. I will be pleased to world. Twenty-five percent of all log- over the last five years. All of this was continue to work with my colleagues gerhead sea turtle and 35% of all green accomplished without a tortoise coor- on this project. I note that the Sub- sea turtle nests in the United States dinator to oversee the project. committee has made a significant ef- occur in this twenty mile zone. There are a couple of issues I believe Mr. MACK. The Refuge currently co- fort in this bill to provide for visitor should be addressed prior to the cre- exists with Florida’s Space Coast. How- facilities in Alaska, but agree that ad- ation of proposed coordinator position. ever, sea turtle nesting at this site is ditional facilities at Glacier Bay Na- Issues such as determining which office sensitive to impacts from development tional Park are needed. would make section 7 evaluations re- and human activity. To mitigate these UTAH SPECIFIC ISSUES garding tortoises in Washington Coun- impacts, the U.S. Fish and Wildlife Mr. BENNETT. Mr. President, I ty—Salt Lake City or Reno? I would Service coordinates with the local and would like to briefly raise four issues also like to know how the creation of state governments regarding joint with the Chairman for clarification. such a position will impact funding and management of beaches, index nesting Utah is in the process of creating a GIS how do we insure that state and local beach surveys, public education pro- database on public lands. Is it the communities are not adversely im- grams, and appropriate public use fa- Chairman’s understanding that the pacted. In order to preserve the good cilities. $300,000 of federal funds appropriated working relationship among the par- Mr. GRAHAM. It is my experience through the BLM Realty and Owner- ties in Utah, I would hope the Chair- that in this type of situation, the best ship management will be combined man would support me in this position answer is land acquisition. Right now, with the funds appropriated by the until these questions are answered. approximately half of the 900-acres of State of Utah and then distributed to Mr. GORTON. The Senator raises a the designated refuge is available for the rural counties by the special com- good point. I am aware of the progress acquisition. Four key parcels make up mittee created by the State Legisla- which has been made to date and I con- the core area of the potential acquisi- ture? gratulate the Advisory Board on their tion. Mr. GORTON. The Senator is correct. efforts. I share the Senator’s concerns I recognize the extreme funding pres- However, the rural counties should also about the creation of such a position. sures that the subcommittee faced seek the expertise of Utah State Uni- It is unclear to me how a single coordi- while determining its Land and Water versity and the State of Utah and rely nator position from outside the Region Conservation Fund priorities. We feel on their personnel to complete this would specifically help Washington that the Archie Carr Refuge is a key mapping project. County and BLM administer the HCP priority for Florida given its criti- Mr. BENNETT. I thank the Chair- and improve things on the ground. cality to the loggerhead sea turtle pop- man. With regards to the Olympic Tree Mr. BENNETT. I thank the Chairman ulation. program funded under the Community for his support. We request your consideration of this and Urban Forestry account, given the BIOCATALYTIC DESULFURIZATION TECHNOLOGIES project during the conference with the nature of Olympic partners and the re- Mrs. HUTCHISON. Mr. President, I House on the Interior Appropriations liance upon in-kind donations, is it the would like to clarify the intent of one bill. September 14, 1999 CONGRESSIONAL RECORD — SENATE S10845 Mr. GORTON. I appreciate the Sen- development opportunity for the Crow to preserve her legacy. Plans for the ators’ comments. The Committee nation and its surrounding rural com- center include museum display areas shares your view that the protection of munications in Montana and Wyoming. for American Indians and Sandoz fam- the loggerhead sea turtle is critical, This project, known as the advanced ily artifacts, rooms for meetings and and we will consider the needs of the development project Powder River coal workshops on Sandoz’ work, archives Archie Carr National Wildlife Refuge initiative, is designed to develop a for Sandoz’ manuscripts, and an her- during our conference with the House. training program for the Crow nation barium that will complement the de- SEA TURTLE CONSERVATION that will create future employment op- scriptions of regional flora central to Mr. BREAUX. Mr. President, will the portunities for members of the tribe by Sandoz’ literature. The center would be distinguished Chairman of the Interior utilizing a new technology that perma- a perfect tribute to one of Nebraska’s Appropriations Subcommittee yield for nently removes the moisture from the finest writers. a question? Powder River Basin’s low grade sub-bi- Mr. KERREY. I agree that the con- Mr. GORTON. Mr. President, I will tuminous coal. It is important that we struction of the Center is an important gladly yield to a question from my must continue to develop programs commemoration of Sandoz’ contribu- good friend from Louisiana. like this advanced development project tions to Nebraska. Earlier this year, I Mr. BREAUX. Mr. President, I thank to further the twin goals of environ- requested that $450,000 be appropriated the distinguished Chairman. I com- mental protection and economic sta- from available funds in the National mend the gentleman from Washington bility. Park Service’s Historic Preservation and the distinguished ranking member Mr. GORTON. Mr. President, I appre- Fund or the Save America’s Treasures Mr. BYRD for the great leadership they ciate the comments of my colleague to fund the Mari Sandoz Cultural Cen- have demonstrated in crafting the from Wyoming and agree there is a se- ter. These dollars will help renovate, FY2000 Interior Appropriations bill. Of rious need to bolster the economy rehabilitate, and equip the former li- great personal interest to me is a within the Crown nation. Further de- brary facility on the Chadron State Kemp’s Ridley sea turtle project that velopment of the tribe’s vast coal re- campus. is, in part, funded through the U.S. serves would go a long way toward im- Mr. HAGEL. It is my understanding Fish and Wildlife Service. This project proving the tribes current situation. I that these federal dollars will be in ad- is a twenty-year-old on-going success would like to assure my colleague that dition to the private dollars raised by story in the recovery of a high endan- I will continue to work with him and Chadron State College and the Mari gered species. Since 1978, the United with my colleague from the South Da- Sandoz Heritage Society. States Fish and Wildlife Service, kota to explore projects like the ad- Mr. KERREY. Yes, both organiza- USFWS, has spearheaded the sea turtle vanced development project Powder tions have been working diligently to conservation work at Rancho Nuevo, River coal initiative to see if we can’t raise $900,000 in private funding for the Mexico. This collaborative conserva- find a way to help the Crow nation de- construction and equipment of the new tion project with the Mexican govern- velop its vital coal resources. Center. I am hopeful that we will be ment and the U.S. shrimp industry MARI SANDOZ CULTURAL CENTER able to provide additional Federal dol- through the National Fisheries Insti- Mr. KERREY. I rise today with my lars for this historically and culturally tute protects Kemp’s Ridley sea turtle good friend and colleague, Senator significant Center. nests an females from predation and HAGEL, to talk about a very important Mr. HAGEL. We both realize that other hazards, and ensures that young and worthwhile project, the Mari budget restraints are tight this year. turtles make it into the sea. This Sandoz High Plains Heritage Center in But I am hopeful that Chairman GOR- project is the longest standing collabo- Chadron, Nebraska. TON and Ranking Minority Member rative conservation project between Mari Sandoz was a world-renowned BYRD will find a way to fully fund this the United States and Mexico without and internationally-acclaimed writer, project when the conference committee a formal treaty. This year, despite the born and raised in the Nebraska Sand meets on the Interior appropriations demonstrable success of the project, Hills. Drawing on her childhood experi- bill later this fall. the Fish and Wildlife Service did not ences and her research at the Nebraska Mr. WELLSTONE. Mr. President, dedicated funds to the Kemp’s Ridley State Historical Society, Sandoz wrote issues surrounding natural resource sea turtle project. I am extremely con- passionately and poetically about life management present some of the most cerned and want to express my strong on the Great Plains. Her works dealt contentious and difficult problems we support for continued funding for this with the early fur traders, the Plains as policymakers face. Trying to ensure valuable conservation effort. Indians, the cattlemen and ranchers, that our federal forestry policy is re- Mr. GORTON. It is clear from my the immigrant homesteaders, and the sponsible and environmentally sustain- friend’s statement that he knows much persecution of the Northern Cheyenne able has been especially difficult, and about the sea turtle conservation and Ogallala Sioux. Through her writ- we have sometimes fallen woefully project, and I share his enthusiasm for ing, Sandoz played an important role short in this area. We can and must do these important efforts to protect the in the cultural preservation of the much better. I have seen the awful re- Kemp’s Ridley sea turtle. While I am Western Nebraska of the 1800s and sults of clear-cutting, uncontrolled ero- keenly aware of the fiscal constraints early 1900s. Preserving her works and sion, and other abuses by the logging on the Fish and Wildlife Service, I en- her legacy is a way of preserving our industry, and I believe we must bring courage the Service to consider pro- own cultural heritage. those abuses to an end now. viding whatever support it can within Mr. HAGEL. I join my friend, the Even so, our national forests are tre- these existing budget constraints. senior Senator from Nebraska, in sup- mendous resources for a variety of Mr. BYRD. I agree with my col- porting a federal appropriation for the uses, including everything from timber leagues from Washington and Lou- Mari Sandoz Cultural Center. harvesting to recreation. My state of isiana. The Fish and Wildlife Service Nebraska has produced a number of Minnesota depends on these resources should make every effort to support this nation’s most significant writers. for jobs and family incomes; wood, in- this project in order to uphold a sci- The John Neihardt Center in Bancroft dustrial materials, paper and pulp; and entifically justified success in endan- and the Willa Cather Center in Red family vacations and recreation. Above gered species management Cloud commemorate two of Nebraska’s all, we must protect our national for- Mr. BREAUX. I thank my colleagues. most famous literary figures. A facility ests to ensure that these resources will ADVANCED DEVELOPMENT PROJECT POWDER dedicated to Mari Sandoz would be an be available for future generations. For RIVER COAL INITIATIVE appropriate addition on to the state’s these reasons, I have long supported Mr. ENZI. Mr. President, I thank my literary heritage. carefully controlled, environmentally colleague for addressing the potential Following Mari Sandoz’s death, sustainable multiple use of our na- benefits that could come from a new Chadron State College came into pos- tional forests. coal enhancement procedure being de- session of her writing and personal ar- I share many of my colleague Sen- veloped in my home state of Wyoming tifacts. The College developed the idea ator BRYAN’s legitimate concerns that would provide a unique economic of the cultural center as the best way about the future health of our nation’s S10846 CONGRESSIONAL RECORD — SENATE September 14, 1999 forests, and about the abuses that have supporting efforts to bring a halt to move the 3 foot diameter pipe, which been allowed in certain regions under these environmentally unsustainable the stream now runs through, and cor- the Forest Service’s timber sales pro- abuses. Even though I cannot support rect the immediate four foot drop in gram—especially in essential areas of this amendment today, I look forward the stream level. Replacing the pipe biodiversity such as the Pacific North- to working with my colleague Senator with an appropriately sized culvert and west. I recognize that these environ- BRYAN and others to find ways to re- fishway would open up 1.7 miles of mentally harmful forest management form and improve the forest manage- habitat for chum, coho, and steelhead. practices have serious long-term con- ment practices of the Forest Service, Hood Canal SEG likes to call these sequences for the health of our forests, and of those private industry firms projects ‘‘no-brainers’’ because the and that they must be stopped. with whom it cooperates, to eliminate habitat already exists, the fish just The Timber Sale Management Pro- the abuses of our forests which have need to be able to get there. gram is in need of significant reform in been brought to light during this de- Local residents are critical to these many regions of our nation. I believe bate. salmon recovery efforts, where inti- that my record shows clearly my sup- Mr. GORTON. Mr. President, the En- mate historic knowledge of seasonal port for reforming the program to en- dangered Species Act listing of various flows, fish populations, and specific mi- sure a more responsible and environ- runs of salmon throughout the North- gratory trends don’t typically exist mentally sustainable forestry effort. west has been a wake-up call for Wash- outside the community. But this amendment would reduce by ingtonians. We have seen an unprece- Another group, Long Live the Kings approximately $32 million current dented decline in a historically vibrant (LLTK), is contributing to the recovery funding levels for the program, and it salmon population, relied upon by of listed salmonids in Hood Canal. At could create some special problems in countless sportsmen, commercial and their Lilliwaup facility, LLTK is oper- my state, where the Forest Service has tribal fishermen, and those of us who ating a captive rearing and supplemen- generally been quite responsible in its see salmon as a Northwest cultural tation program for threatened timber sale efforts. icon. steelhead and summer chum. I was In my state of Minnesota, on July 4, And for years, at all levels of govern- happy to have helped find funding for 1999, we experienced a huge, once-in-a- ment, we’ve spent billions of dollars in this program last year, and am pleased thousand-year wind and rain storm an effort to recover this important spe- to continue this support. that damaged and destroyed homes, cies, but we’ve seen little in return. While in the state during our August businesses, public facilities, and wil- Millions and millions of dollars have recess, I met with the Nooksack Salm- derness areas in our national forests. been spent on massive studies. Millions on Enhancement Association out of Approximately 300,000 acres in seven of dollars have fueled growing bureauc- Bellingham, Washington. This group, counties were hit by the storm, which racies to address the problem and cre- with the passionate leadership of vol- damaged as much as 70 percent of the ate new regulations that may or may unteers like Mike and Elaine McRory, trees in certain areas and washed out not save the fish. have taken on habitat restoration numerous roads. The damage caused by In all the flurry of activity and projects in urban and rural areas alike, this storm has severely hindered the spending, one, largely unrecognized ef- successfully soliciting the cooperation U.S. Forest Service’s ability to respon- fort has done more in our rivers and of private landowners to recover local sibly manage the Chippewa and Supe- streams to improve salmon habitat stocks. Landowner participation is rior National Forests. While I have than almost anything else in which often contagious, and NSEA has seen worked successfully with my col- we’ve invested our resources. Across one project on a given stream turn into leagues in the Minnesota delegation to Washington state, small, local volun- two, three, or even more. ensure that approximately $12 million teer groups spend their weekends re- It should be clear that organizations in emergency funding is reprogrammed storing streams, revegetating riparian across Washington State, not just from elsewhere in the Forest Service areas and creating healthy, inviting those within the Puget Sound basin, budget to support timber salvage ef- places for salmon to return. They re- are eligible to apply for these funds. In forts in Minnesota, it is clear that cruit people from all over the commu- fact my staff will be traveling to much is yet to be done, and that it is nity to spend a few hours on the week- Okanogan county at the end of this going to take many years to dig out end working in their local stream, month to introduce members of the from under the storm and to restore river, or anywhere else that will make local community to NFWF representa- the forest to its former state. a difference for the fish. tives. As I’ve observed, the Forest Service In many cases, these locally-grown Grants for local groups through the in Minnesota has a long tradition of groups are able to work cooperatively National Fish and Wildlife Foundation generally responsible and publicly ac- with private landowners to restore provide a much needed funding source countable forest management prac- streams and rivers that run through for long overdue projects ranging from tices. I believe, especially as the post- their property. These efforts achieve Skagit FEG’s Little Baker River Side storm clean-up there proceeds over the results and make all parties satisfied Channel project, which would open one coming months and years, that the with the outcome in a way that gov- mile of chinook spawning and rearing Forest Service must have adequate re- ernment-mandated directives could habitat, to riparian restoration in sources to deal with the storm’s devas- never do. Newaukum and Portage Creeks, con- tation. This amendment would cut ap- That’s why my 1999 Interior Appro- ducted by Mid-Sound FEG and Stilli- proximately $32 million from proposed priations bill includes a $4 million ap- Snohomish Fisheries Enhancement funding for the Timber Sale Manage- propriation for these groups to be able Task Force. ment Program, decreasing last year’s to continue their hard work and wor- The amount appropriated to the funding for this program by approxi- thy efforts. The money will be appro- NFWF does include an earmark for a mately $30 million. While I know that priated to the National Fish and Wild- group that deserves special recognition this funding is not yet precisely allo- life Foundation to distribute, as quick- for their efforts to clean up our local cated to the various regions, I am con- ly as possible, to locally-organized, on- water, essential to salmon recovery cerned that a cut of this size might the-ground salmon enhancement orga- success. River CPR’s Puget Sound constrain the Service’s overall capac- nizations. Drain Guard Campaign will employ ity to adequately support efforts to re- These groups’ potential for positive volunteer labor to install devices cover, repair and rehabilitate public contributions to salmon recovery are aimed at trapping 90 percent of the oil lands in Minnesota hard hit by the immeasurable. For instance, a stream and sediment that typically flows into storm, and for that reason I think it on the North Shore of Hood Canal storm drains. It is evident that this would be unwise. would be an excellent salmon spawning small amount of money is going to go As I said, I recognize the problems and over wintering habitat if it were a long way towards recovering salmon with the Timber Sales Management not for man-made barriers to fish pas- across our state. Program, particularly in the Pacific sage. The Hood Canal Salmon Enhance- Here is what some of these groups Northwest, and I remain committed to ment Group (HCSEG) would like to re- have to say about this initiative: September 14, 1999 CONGRESSIONAL RECORD — SENATE S10847

‘‘Senator GORTON’S proposal to use rates. The Vermont Public Service tacks on the peaceful men and women the National Fish and Wildlife Founda- Board sets rates equally for all compa- of the church. This is happening again tion to direct funding to the local level nies, be they foreign or domestic, yet in East Timor—where members of the is very innovative and will ensure that Hydro-Quebec is using its status as a Church are being brutally persecuted. the funds are used where they most semi-governmental foreign company in The stories coming out of East Timor help fish, on the ground,’’ said one Mid an attempt to control these rates. are heart-wrenching. Sound Fisheries Enhancement Group It is deeply ironic that Hydro-Que- Women and children are massacred board member. bec, a monopoly protected by Quebec within the sanctuary of their churches. Alison Studley writes, ‘‘As a member law against all retail and virtually all Catholic priests, nuns and Caritas of the Skagit Fisheries Enhancement wholesale competition in Quebec, workers are being murdered as they try Group (Skagit FEG), I whole-heartedly should utilize principles of ‘‘fair trade’’ to protect their communities. Nobel support your endeavor to get salmon to lodge a complaint against the Loreate Bishop Beli has been forced dollars to support on-the-ground United States under NAFTA. Entre- into exile. Churches, convents and projects. Local organizations are preneurs in New England and New York schools are being burned. Thousands of ready, willing and able to take on this who want to compete in Quebec are men, women and children are fleeing challenge.’’ prohibited from doing so, thus pre- from their homes in fear. They are tak- In sum: I believe that Washing- cluding meaningful international com- ing refuge in the countryside—where tonians and local salmon restoration petition in energy. Yet Hydro-Quebec there isn’t enough food, water or medi- organizations—not bureaucracies in is able to freely sell its energy in the cine. Washington, D.C.—are in the best posi- U.S. This brutality is occurring with the tion to make decisions that will return I call upon Hydro-Quebec to come out complicity of the Indonesian military. salmon. That’s why my 1999 Interior from behind its monopolistic shield This is a military that has conducted Bill includes money for these local and act like a true competitive utility. twenty five years of repression in East groups—who have been working on this Drop your NAFTA lawsuit. End your Timor. It is a military that the United problem for years—so they can decide efforts to undermine Vermont law. States has trained and armed. how to restore the fisheries. It’s time Stop using international law to threat- The international community cannot for the federal government to let those en Vermont ratepayers. We want to do stand by while civilians are brutally who will be affected by the decisions business with Hydro-Quebec, but we murdered. That is why I support Presi- make these decisions. Salmon are a cannot do so while it tries to exert dent Clinton’s statement of support for critical part of the Northwest way of undue influence in Vermont and New US participation in an United Nations life, so let Northwesterners decide how England markets. In Vermont, the peacekeeping force. The force would be to fix this problem without being told Public Service Board sets electric led by regional powers—including our how to do it from Washington, D.C. rates, not foreign companies. We will strong ally Australia. The United f never, ever let a foreign entity write States would help to provide logistical our rules on power sales. support. MORNING BUSINESS I further call upon the Federal En- This peacekeeping force would have Mr. GORTON. Mr. President, I ask ergy Regulatory Commission to thor- three goals: to protect the people of unanimous consent that the Senate oughly examine all means by which a East Timor; to restore order and to en- proceed to a period for morning busi- foreign utility may exert influence in able the referendum for independence ness, with Senators permitted to speak the United States. Foreign companies to be implemented. for up to 10 minutes each. should not be given carte blanche to The United States must stand up for The PRESIDING OFFICER. Without sell energy in the U.S. until all impacts our interests and our values. We must objection, it is so ordered. of that decision are considered—not join our allies in protecting the people f only market share, but also environ- of East Timor and restoring peace and mental impacts and means outside of stability to their country. VERMONT ELECTRIC RATES the market by which a foreign com- f Mr. JEFFORDS. Mr. President, pany may exert influence. Hydro-Que- RISK MANAGEMENT FOR THE 21ST today, plaintiffs from my home State bec is taking advantage of its enor- CENTURY of Vermont made opening arguments in mous size and semi-governmental sta- the U.S. Court of Appeals for the Dis- tus to gouge ratepayers in Vermont. Mr. BURNS. Mr. President I rise trict of Columbia. The plaintiffs, rep- This issue is of enormous importance today as one of the proud cosponsors of resenting the New England Council for to the people of Vermont, and I hope the Risk Management for the 21st Cen- Energy Efficiency and the Environ- the Commission will thoroughly exam- tury Act. ment, have raised serious questions ine all of these issues. This bill offers much-needed changes about the Federal Energy Regulatory Mr. President, I will do all in my in the area of risk management for Commission’s decision in 1997 to grant power to protect Vermont electric farmers and ranchers. Managing risk in power marketer status to a subsidiary ratepayers from unnecessary manipula- agriculture has become perhaps the of the Canadian company Hydro-Que- tion and threats. I am carefully review- most important aspect of the business. bec. ing the law related to wholesale and re- Agricultural producers who are able to The Council is protesting that Hydro- tail power sales and will be sure to effectively manage their risk are able Quebec was unlawfully granted the work for a revision of this law if we see to sustain and increase profit. An effec- ability to buy and sell power in the that a region of this nation, or a par- tive crop insurance program will pro- U.S. without regulatory oversight. Ac- ticular state, is being treated unfairly. vide farmers and ranchers possibilities cording to expert testimony in that f for economic sustainability in the fu- case, Hydro-Quebec already exercises ture and help them out of the current too much control over Northeastern EAST TIMOR financial crisis. energy markets, and Vermont rate- Ms. MIKULSKI. Mr. President, I am The Federal Government can help fa- payers will have to pay higher energy horrified by the atrocities occurring in cilitate a program to unite the pro- bills if this license is upheld. East Timor—where an armed militia is ducer and the private insurance com- Hydro-Quebec’s ability and willing- using murder and intimidation to nul- pany. The control must be put ulti- ness to exert undue influence on elec- lify the results of a free and fair ref- mately in the hands of the agricultural tricity markets in the United States is erendum. The United States must join producer. Although he cannot control of serious concern. The company’s re- the international community in pro- risk, an effective management plan quest last month that the Canadian tecting the people of East Timor from will help him to manage the effects of government sue the United States over mass murder and religious persecution. risks, such as weather, prices and nat- fair trade practices is a clear infringe- During this century, we have seen ural disasters. ment of the legitimate rights of horrifying examples of dictators and This bill addresses the inadequacies Vermonters to set Vermont electric despots whose brutality begins with at- of the current crop insurance program. S10848 CONGRESSIONAL RECORD — SENATE September 14, 1999 The problems and inconsistencies with to provide a way for farmers to stay in provide legal services and access to our the current program make it both agriculture. They must be able to con- justice system for those without the fi- unaffordable and confusing to agricul- tinue to produce and distribute the nancial resources otherwise to retain tural producers. Costly premiums are world’s safest food supply at a profit- counsel. His work with the Legal Aid the biggest problem. In years of de- able margin. Foundation of Los Angeles, the West- pressed market prices, crop insurance, I look forward to working with Sen- ern Center on Law and Poverty and though badly needed, is simply ators ROBERTS and KERREY on this im- California Rural Legal Assistance for unaffordable for farmers. portant piece of legislation. I believe nine years should be a source of praise This bill inverts the current subsidy this bill will pave the way for massive and pride. formula, in order to provide the high- crop insurance reform and help agricul- Judge Paez has had the strong sup- est levels of subsidies to producers at tural producers out of this economic port of California judges familiar with the highest levels of buy-up coverage, crisis. his work, such as Justice H. Walter and thus alleviate the unaffordable pre- f Crosky, and support from an impres- miums. It also allows for the revenue sive array of law enforcement officials, policies to be fully subsidized. NOMINATION OF RICHARD PAEZ including Gil Garcetti, the Los Angeles Another important provision in this Mr. LEAHY. Mr. President, the His- District Attorney; the late Sherman bill is to allow an additional subsidy panic whose actions and fate I would Block, then Los Angeles County Sher- for risk management activities. If a like the Senate to focus on for action is iff; the Los Angeles County Police producer uses futures or options, uti- Richard Paez. Richard Paez has never Chiefs’ Association; and the Associa- lizes cash forwards, attends a risk man- been convicted of a crime and is not as- tion for Los Angeles Deputy Sheriffs. agement class, uses Agricultural Trade sociated with the FALN. He is not a pe- The Hispanic National Bar Associa- Options or FFARRM accounts or re- titioner seeking presidential clemency. tion, the Mexican American Legal De- duces farm financial risk, they will re- Rather, he is a judicial nominee who fense and Educational Fund, the ceive a 5 percent write-down on their has been awaiting consideration and League of United Latin American Citi- premium for taking part in two of the confirmation by the Senate since Janu- zens, the National Association of above risk management tools. ary 1996—for over 31⁄2 years. Latino Elected and Appointed Officials, This bill also takes into account lack The vacancy for which Judge Paez and many, many others have been of production histories for beginning was nominated became a judicial emer- seeking a vote on this nomination for farmers or those who have added land gency during the time his nomination what now amounts to years. or use crop rotation. This will make it has been pending without action by the I want to commend the Chairman of possible for those producers to get a Senate. His nomination was first re- the Judiciary Committee for his stead- foot in the door and receive affordable ceived by the Senate almost 44 months fast support of this nominee and Sen- crop insurance. ago. ator BOXER and Senator FEINSTEIN of Many times, especially in Montana, This nomination has now been held California for their efforts on his be- multi-year disasters occur. This bill even longer than the unconscionable 41 half. helps producers that take a blow sev- months this Senate forced Judge Wil- Last year the words of the Chief Jus- eral years in a row, which reduces their liam Fletcher to wait before con- tice of the United States were ringing Annual Production History (APH). If a firming his nomination last October. in our ears with respect to the delays producer has suffered a natural dis- Judge Paez has twice been reported in Senate consideration of judicial aster during at least 3 of the preceding favorably by the Senate Judiciary nomination. He had written: ‘‘Some 5 years and their APH was reduced by Committee to the Senate for final ac- current nominees have been waiting a at least 25 percent they may exclude tion. He is again on the Senate cal- considerable time for a Senate Judici- one year of APH for every five years endar. He was initially delayed 25 ary Committee vote or a final floor experience. During this time, the pro- months before finally being accorded a vote. . . . The Senate is surely under no ducer’s APH may increase without confirmation hearing in February 1998. obligation to confirm any particular limit back up to the level before the After being reported by the Judiciary nominee, but after the necessary time multi-year disaster began. Committee in March 1998, his nomina- for inquiry it should vote him up or Specialty crops such as canola or dry tion was held on the Senate Executive vote him down.’’ Those words resonate beans, are another important addition Calendar without action for over 7 with respect to the nomination of to this bill. The Risk Management months, for the remainder of the last Judge Paez. Agency (RMA) will allocate at least 50 Congress. I trust the American people recognize percent of their Research and Develop- Judge Paez was renominated by the who is playing politics with the issue ment funds to specialty crop develop- President again this year and his nomi- of clemency. I disagreed with the ment. Additionally, RMA is authorized nation was stalled without action be- President’s decision, but it was his to to spend up to $20 million each fiscal fore the Judiciary Committee until make. He says that he granted clem- year to create partnerships for devel- late July, when we were able to have ency with conditions after study and oping and implementing specialty crop his nomination reported again. The based on a sense of proportion and jus- risk management options. Senate refused to consider the nomina- tice. The calls for clemency in these This bill will also ultimately put tion before the August recess. I have cases came from Bishop Tutu, Coretta more control in the hands of active repeatedly urged the Republican lead- Scott King, other Nobel peace prize producers by including four active pro- ership to call this nomination up for winters, a number of churches and reli- ducers; as well as one in crop insur- consideration and a vote. If they make gious groups. It has drawn praise in ance, and one in reinsurance. The time on the Senate floor for debate and some circles and criticism in others. board would also include the Under consideration of a Senate resolution I do not agree with the President, but Secretary for Farm and Foreign Agri- commenting on the clemency grant, I caution that the overreaching by Re- cultural Services, the Under Secretary which is a power the constitution in- publican critics in the Congress on this for Rural Development and the Chief vested in the President without a con- is worrisome, as well. To contend that Economist of USDA. In addition, it gressional role, the Senate should find this shows a weakness of resolve mandates that the Board Chairperson time to consider the nomination of this against international terrorism is both be one of the non-governmental mem- fine Hispanic judge. wrong and may itself be creating a dan- bers. These are important steps to en- Judge Paez has the strong support of gerous atmosphere. sure that the new program is run for both California Senators and a ‘‘well- We ought to be careful when anyone, the producers by the producers. qualified’’ rating from the American let alone the Senate and Congress of This bill is an important tool to re- Bar Association. He has served as a the United States, start bandying form the current crop insurance pro- municipal judge for 13 years and as a about declarations that accuse the gram into a risk management program, Federal judge for 4 years. United States Government of making designed to help the producer in the In my view Judge Paez should be ‘‘deplorable concessions to terrorists,’’ long-term. It is vital to find a solution commended for the years he worked to ‘‘undermining national security’’ or September 14, 1999 CONGRESSIONAL RECORD — SENATE S10849 ‘‘emboldening domestic and inter- dred twenty million, nine hundred vestment performance requirements national terrorists.’’ sixty-six thousand, two hundred thirty designed to take jobs from other coun- Playing politics with this matter and dollars and eighty-two cents) during tries. accusing the President of ‘‘under- the past 25 years. China’s WTO accession requires no mining our national security’’ or f American trade concessions. And China ‘‘emboldening terrorists’’ carries sig- has agreed to a ‘‘product-specific safe- nificant risks. Could a potential ter- APEC AND THE WTO guard’’ which will strengthen our abil- rorist somewhere in the world believe Mr. BAUCUS. Mr. President, I rise ity to fight sudden import surges. A this political rhetoric and be today to address recent developments good accession protocol will be good ‘‘‘emboldened’’ by it? This is risky in the world trading system that oc- for America. The Clinton-Jiang meet- business. I do not believe the short- curred over the past several days at the ing in Auckland infused our bilateral term political gain to the other party Asia Pacific Economic Cooperation trade talks with new life. is worth having the Senate endorse a (APEC) meetings. The U.S. negotiators thus far have resolution that might itself have pre- Since its birth in 1989, APEC has done an excellent job. They have al- cisely that effect. been a useful forum to advance U.S. ready offered American farmers a ray The Senate cannot find time to vote goals for world trade. In 1993, President of hope during a very difficult year. on the nomination of Judge Richard Clinton hosted the first summit meet- And we are close to an accession that Paez or that of Bill Lann Lee to head ing of APEC leaders. That meeting will make trade with China fundamen- the Civil Rights Division or that of helped to nudge the Uruguay Round of tally more fair for our country. It will Justice Ronnie White to be a Federal global trade talks to a successful con- then be up to this Senate, and to our judge in Missouri or any of the scores clusion. The following year, APEC colleagues, to take the final step by of other nominees pending before it. leaders made a political commitment making the normal trade relations we The Senate has not completed work on to free trade in the Pacific Basin by a now offer to China permanent. 11 of the 13 appropriations bills that date certain. Two years later, APEC On the multilateral end, the Auck- must be passed before October 1. The leaders prodded WTO members to sign land meetings were an opportunity for Republican Congress cannot find time Information Technology Agreement. APEC members to show a united front to consider campaign finance reform or That agreement eliminates tariffs on for progress to the other members of pass a real patients’ bill of rights or products where U.S. companies have a the WTO. There was some forward consider raising the minimum wage or clear advantage. movement on this in Auckland, but not reforming Medicare or complete the ju- APEC has also launched some worth- as much as we needed. The key issue is venile crime bill conference, but there while projects aimed at making it easi- how much we should achieve in the is plenty of time for floor debate and er to do business in the Pacific Rim. next WTO trade round. The next round on the President’s decision to exercise The 21 members of APEC are respon- will be launched two months from now, his clemency power. The Senate has sible for almost half of the world’s when the United States hosts the Se- had three hearings on judicial nomina- trade. They include country’s at var- attle WTO Ministerial. tions all year and the Republican Con- ious stages of economic development. In this regard, last week I introduced gress will have that many hearings on Members are as diverse as Papua New Senate Concurrent Resolution 55. It the clemency decision this week. Guinea, Russia, Peru, and Australia. contained the elements of what I be- In closing, I ask: If the Senate has APEC is the only organization where lieve we should achieve in the next the time to debate and vote on this res- China, Taiwan and Hong Kong sit to- round. At their Auckland meeting, olution, why does it not have time to gether as equals to discuss economic APEC trade ministers endorsed a num- vote on the nomination of Judge Rich- issues. In 1998, U.S. trade with APEC ber of these elements. Procedurally, ard Paez to the Ninth Circuit? members was just over one trillion dol- they said that the talks should be com- f lars, about 70% of our trade. Our three pleted in three years, rather than the biggest trading partners—Canada, Mex- seven years it took for the Uruguay THE VERY BAD DEBT BOXSCORE ico and Japan—are in APEC Round. They said that WTO members Mr. HELMS. Mr. President, at the Last week in Auckland, New Zealand, should treat the talks as one single close of business yesterday, Monday, APEC’s trade and foreign ministers package, not a collection of separate September 13, 1999, the Federal debt held their annual meeting. This was topics where members can opt out of stood at $5,654,837,966,230.82 (Five tril- followed by the annual summit meet- the tough issues. They mentioned the lion, six hundred fifty-four billion, ing of APEC leaders, including Presi- need to address tariffs on manufac- eight hundred thirty-seven million, dent Clinton. These meetings provided tured products. nine hundred sixty-six thousand, two an opportunity for using APEC to fur- All that was useful. But the APEC hundred thirty dollars and eighty-two ther American trade interests in two minsters did not go far enough. Presi- cents). ways. One was bilateral. It dealt with dent Clinton and the leaders of the Five years ago, September 13, 1994, U.S.-China relations. The other was other APEC members set out ambi- the Federal debt stood at multilateral. It dealt with the World tious goals for them five years ago. To $4,681,594,000,000 (Four trillion, six hun- Trade Organization (WTO). achieve those goals, the trade min- dred eighty-one billion, five hundred On the bilateral front, the annual isters must set specific targets. In agri- ninety-four million). APEC summit meeting provided Presi- culture, for example, the Auckland Ten years ago, September 13, 1989, dent Clinton an opportunity to meet meeting supported abolishing all ex- the Federal debt stood at with China’s President Jiang Zemin port subsidies. That is a specific, ambi- $2,853,357,000,000 (Two trillion, eight and get our relations with China on tious target. We need the same speci- hundred fifty-three billion, three hun- track. In particular, it was a chance to ficity on other agricultural trade dred fifty-seven million). restart the talks on China’s accession issues which, such as tariffs, trade-dis- Fifteen years ago, September 13, 1984, to the WTO. torting domestic subsidies, and govern- the Federal debt stood at To join the WTO, China must make ment trading companies. It would have $1,572,267,000,000 (One trillion, five hun- one-way concessions in order to gain been very helpful to have APEC trade dred seventy-two billion, two hundred permanent Normal Trade Relations ministers support progress in these sixty-seven million). (NTR) status. Before the China trade areas Twenty-five years ago, September 13, talks broke down for political reasons The trade ministers should have 1974, the Federal debt stood at unrelated to trade, China made some made a much stronger statement on $480,717,000,000 (Four hundred eighty important commitments to us in its trade in services. This is not only an billion, seven hundred seventeen mil- accession protocol. For example, in ad- important component of developed lion) which reflects a debt increase of dition to tariff cuts and agriculture economies. Services of all sectors—fi- more than $5 trillion— concessions, China promised to elimi- nancial, communications, legal, engi- $5,174,120,966,230.82 (Five trillion, one nate technology transfer requirements neering—are vital to developing na- hundred seventy-four billion, one hun- for investment licenses. It will end in- tions as well. S10850 CONGRESSIONAL RECORD — SENATE September 14, 1999

I wish the APEC trade ministers had At 1:52 p.m., a message from the appoints Mr. LEWIS of California, Mr. been more concrete and specific in House of Representatives, delivered by YOUNG of Forida, Mr. SKEEN, Mr. HOB- their treatment of the WTO talks. I Ms. Niland, one of its reading clerks, SON, Mr. BONILLA, Mr. NETHERCUTT, Mr. hope this does not foreshadow three announced that the House has passed ISTOOK, Mr. CUNNINGHAM, Mr. DICKEY, years of negotiations which yield weak the following bills, in which it requests Mr. FRELINGHUYSEN, Mr. MURTHA, Mr. results. the concurrence of the Senate: DICKS, Mr. SABO, Mr. DIXON, Mr. VIS- Finally, I would like to endorse a H.R. 658. An act to establish the Thomas CLOSKY, Mr. MORAN of Virginia, and point that the heads of the APEC gov- Cole National Historic Site in the State of Mr. OBEY, as the managers of the con- ernments made in their summit New York as an affiliated area of the Na- ference on the part of the House. communique´. They noted that great tional Park System. The message also announced that the disparities in wealth threaten social H.R. 898. An act designating certain land in House disagrees to the amendment of stability. That is true both within a the San Isabel National Forest in the State the Senate to the bill (H.R. 2605) mak- of Colorado as the ‘‘Spanish Peaks Wilder- country and between nations. We must ness’’. ing appropriations for energy and ensure that the benefits of H.R. 940. An act to establish the Lacka- water development for the fiscal year globalization are widely shared. We wanna Heritage Valley American Heritage ending September 30, 2000, and for must show that the global trading sys- Area. other purposes, and agrees to the con- tem improves the quality of life for H.R. 1619. An act to amend the Quinebaug ference asked by the Senate on the dis- WTO members. and Shetucket Rivers Valley National Herit- agreeing votes of the two Houses there- age Corridor Act of 1994 to expand the bound- We need to emphasize the human di- on; and appoints Mr. PACKARD, Mr. aries of the Corridor. mension of globalization. That human H.R. 1651. An act to amend the Fisherman’s ROGERS, Mr. KNOLLENBERG, Mr. includes issues such a labor and the en- Protective Act of 1967 to extend the period FRELINGHUYSEN, Mr. CALLAHAN, Mr. vironment, which APEC ministers and during which reimbursement may be pro- LATHAM, Mr. BLUNT, Mr. YOUNG of leaders largely ignored at Auckland. I vided to owners of United States fishing ves- Florida, Mr. VISCLOSKY, Mr. EDWARDS, hope that future meetings of APEC sels for costs incurred when such a vessel is Mr. PASTOR, Mr. FORBES, and Mr. OBEY, summits focus on these issues, and seized and detained by a foreign country. as the managers of the conference on that APEC becomes a positive force for H.R. 2112. An act to amend title 28, United the part of the House. their full consideration in the WTO. States Code, to allow a judge to whom a case The message further announced that is transferred to retain jurisdiction over cer- f tain multidistrict litigation cases for trial, the House disagrees to the amendment and to provide for Federal jurisdiction of of the Senate to the bill (H.R. 2670) VOTE ANNOUNCEMENT certain multiparty, multiforum civil ac- making appropriations for the Depart- CORRECTION tions. ments of Commerce, Justice, and Ms. MIKULSKI. Mr. President, on H.R. 2368. An act to assist in the resettle- State, the Judiciary, and related agen- rollcall vote #8, if I had been present, I ment and relocation of the people of Bikini cies for the fiscal year ending Sep- would have voted nay. My position was Atoll by amending the terms of the trust tember 30, 2000, and for other purposes, fund established during the United States and agrees to the conference asked by announced as aye. administration of the Trust Territory of the I ask unanimous consent that the Pacific Islands. the Senate on the disagreeing votes of permanent RECORD be corrected to re- the two Houses thereon; and appoints The message also announced that the flect how I would have voted, if I had Mr. ROGERS, Mr. KOLBE, Mr. TAYLOR of House has agreed to the following con- been present. North Carolina, Mr. REGULA, Mr. current resolution, in which it requests The PRESIDING OFFICER. Without LATHAM, Mr. MILLER of Florida, Mr. the concurrence of the Senate: objection, it is so ordered. WAMP, Mr. YOUNG of Florida, Mr. Ms. MIKULSKI. Thank you, Mr. H. Con. Res. 184. Concurrent resolution ex- SERRANO, Mr. DIXON, Mr. MOLLOHAN, pressing the sense of Congress regarding the Ms. ROYBAL-ALLARD, and Mr. OBEY, as President. importance of ‘‘family friendly’’ program- f ming on television. the managers of the conference on the part of the House. MESSAGE FROM THE PRESIDENT The message further announced that the House has passed the following At 2:41 p.m., a message from the Messages from the President of the Senate bill, without amendment: United States were communicated to House of Representatives, delivered by S. 380. An act to reauthorize the Congres- Ms. Niland, one of its reading clerks, the Senate by Mr. Williams, one of his sional Award Act. secretaries. announced that the House disagrees to The message also announced that the the amendment of the Senate to the EXECUTIVE MESSAGES REFERRED House disagrees to the amendment of bill (H.R. 2606) making appropriations As in executive session the Presiding the Senate to the bill (H.R. 1906) mak- for foreign operations, export financing Officer laid before the Senate messages ing appropriations for Agriculture, and related programs for the fiscal from the President of the United Rural Development, Food and Drug Ad- year ending September 30, 2000, and for States submitting sundry nominations ministration, and Related Agencies for other purposes, and agrees to the con- which were referred to the appropriate the fiscal year ending September 30, ference asked by the Senate on the dis- committees. 2000, and for other purposes, and agrees agreeing votes of the two Houses there- (The nominations received today are to the conference asked by the Senate on; and appoints Mr. CALLAHAN, Mr. printed at the end of the Senate pro- on the disagreeing votes of the two PORTER, Mr. WOLF, Mr. PACKARD, Mr. ceedings.) Houses, thereon; and appoints Mr. KNOLLENBERG, Mr. KINGSTON, Mr. f SKEEN, Mr. WALSH, Mr. DICKEY, Mr. LEWIS of California, Mr. BLUNT, Mr. KINGSTON, Mr. NETHERCUTT, Mr. MESSAGE FROM THE HOUSE YOUNG of Florida, Ms. PELOSI, Mrs. BONILLA, Mr. LATHAM, Mrs. EMERSON, LOWEY, Mr. JACKSON of Illinois, Ms. ENROLLED BILL SIGNED Mr. YOUNG of Florida, Ms. KAPTUR, Ms. KILPATRICK, Mr. SABO, and Mr. OBEY, At 9:44 a.m., a message from the DELAURO, Mr. HINCHEY, Mr. FARR of as managers of the conference on the House of Representatives, delivered by California, Mr. BOYD, and Mr. OBEY, as part of the House. the managers of the conference on the Mr. Berry, one of its reading clerks, an- f nounced that the Speaker has signed part of the House. the following enrolled bill: The message further announced that MEASURES REFERRED H.R. 457. An act to amend title 5, United the House disagrees to the amendment The following bills were read the first States Code, to increase the amount of leave of the Senate to the bill (H.R. 2561) and second times by unanimous con- time available to a Federal employee in any making appropriations for the Depart- sent and referred as indicated: year in connection with serving as an organ ment of Defense for the fiscal year end- donor, and for other purposes. H.R. 898. An act designating certain land in ing September 30, 2000, and for other the San Isabel National Forest in the State The enrolled bill was signed subse- purposes, and agrees to the conferences of Colorado as the ‘‘Spanish Peaks Wilder- quently by the President pro tempore asked by the Senate on the disagreeing ness’’; to the Committee on Energy and Nat- (Mr. THURMOND). votes of the two Houses thereon; and ural Resources. September 14, 1999 CONGRESSIONAL RECORD — SENATE S10851 H.R. 940. An act to establish the Lacka- Document Room Program’’ (RIN3150–AG07), EC–5142. A communication from the Direc- wanna Heritage Valley American Heritage received September 8, 1999; to the Committee tor, Office of Regulatory Management and Area; to the Committee on Energy and Nat- on Environment and Public Works. Information, Office of Policy, Planning and ural Resources. EC–5134. A communication from the Direc- Evaluation, Environmental Protection Agen- H.R. 1619. An act to amend the Quinebaug tor, Office of Congressional Affairs, Nuclear cy, transmitting a report entitled ‘‘Customer and Shetucket Rivers Valley National Herit- Regulatory Commission, transmitting, pur- Service in Permitting, A Toolkit for Re- age Corridor Act of 1994 to expand the bound- suant to law, the report of a rule entitled gions, States, Tribes and Local Permitting aries of the Corridor; to the Committee on ‘‘Nuclear Regulatory Commission Acquisi- Authorities’’; to the Committee on Environ- Energy and Natural Resources. tion Regulation (NRCAR)’’ (RIN3150–AF52), ment and Public Works. H.R. 1651. An act to amend the Fishermen’s received September 8, 1999; to the Committee EC–5143. A communication from the Pro- Protective Act of 1967 to extend the period on Environment and Public Works. gram Analyst, Office of the Chief Counsel, during which reimbursement may be pro- EC–5135. A communication from the Direc- Federal Aviation Administration, Depart- vided to owners of United States fishing ves- tor, Office of Congressional Affairs, Nuclear ment of Transportation, transmitting, pur- sels for costs incurred when such a vessel is Regulatory Commission, transmitting, pur- suant to law, the report of a rule entitled seized and detained by a foreign country; to suant to law, the report of a rule entitled ‘‘Amendment to Class E Airspace; Parsons, KS; Direct Final Rule; Confirmation of Ef- the Committee on Commerce, Science and ‘‘HI-STAR 100; List of Approved Spent Fuel fective Date; Docket No. 99–CE–36 {9–1/9–9}’’ Transportation. Storage Casks: Addition)’’ (RIN3150–AF17), (RIN2120–AA66) (1999–0292), received Sep- H.R. 2112. An act to amend title 28, United received September 9, 1999; to the Committee tember 9, 1999; to the Committee on Com- States Code, to allow a judge to whom a case on Environment and Public Works. EC–5136. A communication from the Gen- merce, Science, and Transportation. is transferred to retain jurisdiction over cer- EC–5144. A communication from the Pro- tain multidistrict litigation cases for trial, eral Counsel, Federal Emergency Manage- ment Agency, transmitting, pursuant to law, gram Analyst, Office of the Chief Counsel, and to provide for Federal jurisdiction of Federal Aviation Administration, Depart- certain multiparty, multiforum civil ac- the report of a rule entitled ‘‘Disaster Assist- ance; Factors Considered When Evaluating a ment of Transportation, transmitting, pur- tions; to the Committee on the Judiciary. suant to law, the report of a rule entitled Governor’s Request for a Major Disaster Dec- H.R. 2368. An act to assist in the resettle- ‘‘Amendment to Class E Airspace; Grain Val- laration; 64 FR 47697; 09/01/99’’ (RIN3067– ment and relocation of the people of Bikini ley, MO; Direct Final Rule; Confirmation of AC94), received September 7, 1999; to the Atoll by amending the terms of the trust Effective Date; Docket No. 99–ACE–28 {9–/9– Committee on Environment and Public fund established during the United States 9}’’ (RIN2120–AA66) (1999–0291), received Sep- administration of the Trust Territory of the Works. tember 9, 1999; to the Committee on Com- EC–5137. A communication from the Direc- Pacific Islands; to the Committee on Energy merce, Science, and Transportation. and Natural Resources. tor, Office of Regulatory Management and EC–5145. A communication from the Pro- Information, Office of Policy, Planning and The following concurrent resolution gram Analyst, Office of the Chief Counsel, Evaluation, Environmental Protection Agen- Federal Aviation Administration, Depart- was read and referred as indicated: cy, transmitting, pursuant to law, the report ment of Transportation, transmitting, pur- H. Con. Res. 184. Concurrent resolution ex- of a rule entitled ‘‘Regulation of Fuel and suant to law, the report of a rule entitled pressing the sense of Congress regarding the Fuel Additives; Extension of California En- ‘‘Amendment to Class E Airspace; York, NE; importance of ‘‘family friendly’’ program- forcement Exemptions for Reformulated Direct Final Rule; Confirmation of Effective ming on television; to the Committee on Gasoline Beyond December 31, 1999’’ (FRL Date; Docket No. 99–ACE–25 {9–1/9–2}’’ Commerce, Science and Transportation. #6432–1), received September 8, 1999; to the (RIN2120–AA66) (1999–0287), received Sep- f Committee on Environment and Public tember 2, 1999; to the Committee on Com- Works. merce, Science, and Transportation. MEASURES PLACED ON THE EC–5138. A communication from the Direc- EC–5146. A communication from the Pro- CALENDAR tor, Office of Regulatory Management and gram Analyst, Office of the Chief Counsel, Information, Office of Policy, Planning and Federal Aviation Administration, Depart- The following bill was read the first Evaluation, Environmental Protection Agen- ment of Transportation, transmitting, pur- and second time and placed on the cal- cy, transmitting, pursuant to law, the report suant to law, the report of a rule entitled endar: of a rule entitled ‘‘Approval and Promulga- ‘‘Amendment to Class E Airspace; H.R. 658. An act to establish the Thomas tion of Air Quality Implementation Plans; Emmetsburg, IA; Direct Final Rule; Request Cole National Historic Site in the State of Delaware; Approval of Miscellaneous Revi- for Comments; Docket No. 99–ACE–39 {9–2/9– 9}’’ (RIN2120–AA66) (1999–0302), received Sep- New York as an affiliated area of the Na- sions’’ (FRL #6434–6), received September 7, tember 9, 1999; to the Committee on Com- tional Park System. 1999; to the Committee on Environment and Public Works. merce, Science, and Transportation. f EC–5139. A communication from the Direc- EC–5147. A communication from the Pro- gram Analyst, Office of the Chief Counsel, REPORT OF COMMITTEE tor, Office of Regulatory Management and Information, Office of Policy, Planning and Federal Aviation Administration, Depart- The following report of committee Evaluation, Environmental Protection Agen- ment of Transportation, transmitting, pur- was submitted: cy, transmitting, pursuant to law, the report suant to law, the report of a rule entitled ‘‘Amendment to Class E Airspace; By Mr. STEVENS, from the Committee on of a rule entitled ‘‘Approval and Promulga- tion of Plans Kentucky: Approval of Revi- Herrington, KS; Direct Final Rule; Request Appropriations: for Comments; Docket No. 99–ACE–41 {9–2/9– Special report entitled ‘‘Further Revised sions to the Louisville State Implementation Plan’’ (FRL #6435–4), received September 7, 9}’’ (RIN2120–AA66) (1999–0299), received Sep- Allocation to Subcommittees of Budget To- tember 9, 1999; to the Committee on Com- tals for Fiscal Year 2000’’ (Rept. No. 106–158). 1999; to the Committee on Environment and Public Works. merce, Science, and Transportation. f EC–5140. A communication from the Direc- EC–5148. A communication from the Pro- gram Analyst, Office of the Chief Counsel, EXECUTIVE AND OTHER tor, Office of Regulatory Management and Information, Office of Policy, Planning and Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- COMMUNICATIONS Evaluation, Environmental Protection Agen- suant to law, the report of a rule entitled cy, transmitting, pursuant to law, the report The following communications were ‘‘Amendment to Class E Airspace; Nevada, of a rule entitled ‘‘Approval and Promulga- laid before the Senate, together with MO; Direct Final Rule; Request for Com- tion of Plans; California State Implementa- accompanying papers, reports, and doc- ments; Docket No. 99–ACE–40 {8–31/9–2}’’ uments, which were referred as indi- tion Plan Revision, Mojave Desert Air Qual- (RIN2120–AA66) (1999–0284), received Sep- ity Management District and Tehama Coun- cated: tember 2, 1999; to the Committee on Com- ty Air Pollution Control District’’ (FRL merce, Science, and Transportation. EC–5132. A communication from the Acting #6434–2), received September 7, 1999; to the EC–5149. A communication from the Pro- Director, Fish and Wildlife Service, Depart- Committee on Environment and Public gram Analyst, Office of the Chief Counsel, ment of the Interior, transmitting, pursuant Works. Federal Aviation Administration, Depart- to law, the report of a rule entitled ‘‘Policy EC–5141. A communication from the Direc- ment of Transportation, transmitting, pur- on Refuge Lands and Compensatory Mitiga- tor, Office of Regulatory Management and suant to law, the report of a rule entitled tion under section 10/404 Permits’’ (RIN1018– Information, Office of Policy, Planning and ‘‘Modification of Class E Airspace; Mojave, AF64), received September 7, 1999; to the Evaluation, Environmental Protection Agen- CA; Docket No. 99–AWP–2 {9–2/9–9}’’ Committee on Environment and Public cy, transmitting, pursuant to law, the report (RIN2120–AA66) (1999–0295), received Sep- Works. of a rule entitled ‘‘Final Rule Making a tember 9, 1999; to the Committee on Com- EC–5133. A communication from the Direc- Finding of Failure to Submit a Required merce, Science, and Transportation. tor, Office of Congressional Affairs, Nuclear State Implementation Plan for Carbon Mon- EC–5150. A communication from the Pro- Regulatory Commission, transmitting, pur- oxide; Nevada-Las Vegas Valley’’ (FRL gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled #6434–4), received September 7, 1999; to the Federal Aviation Administration, Depart- ‘‘Electronic Availability of NRC Public Committee on Environment and Public ment of Transportation, transmitting, pur- Records and Ending of NRC Local Public Works. suant to law, the report of a rule entitled S10852 CONGRESSIONAL RECORD — SENATE September 14, 1999 ‘‘Establishment of Class E Airspace; Tupelo, the medicare program under title XVIII of bill, the Ute Tribe will enter into an oil MS; Docket No. 99–ASO–10 {9–1/9–2}’’ the Social Security Act; to the Committee and gas lease with the Department of (RIN2120–AA66) (1999–0286), received Sep- on Finance. Energy to develop the hydrocarbon re- tember 2, 1999; to the Committee on Com- f sources present in the Oil Shale Re- merce, Science, and Transportation. EC–5151. A communication from the Pro- SUBMISSION OF CONCURRENT AND serve. It should be noted that the Ute gram Analyst, Office of the Chief Counsel, SENATE RESOLUTIONS Tribe has a history of responsible stew- Federal Aviation Administration, Depart- ardship over the development of one of ment of Transportation, transmitting, pur- The following concurrent resolutions the largest oil and gas fields in Utah. I suant to law, the report of a rule entitled and Senate resolutions were read, and fully anticipate that the leasing proc- ‘‘Revision of Class D and Class E Airspace; referred (or acted upon), as indicated: ess will go forward in an environ- Lake Hood, Elmendorf AFB, and Merrill By Mr. ASHCROFT (for himself, Mr. mentally responsible manner. I expect Field, AK; Correction: Docket No. 99–AAL–16 COVERDELL, Mr. DEWINE, Mr. HAGEL, nothing less from the Department and {9–2/9–9}’’ (RIN2120–AA66) (1999–0301), received Mr. HELMS, Mr. INHOFE, Mr. GREGG, the Tribe. September 9, 1999; to the Committee on Com- and Mr. SMITH of Oregon): merce, Science, and Transportation. Through the management and utili- S. Res. 183. A resolution designating the zation of these resources, the Ute Tribe EC–5152. A communication from the Pro- week beginning on September 19, 1999, and gram Analyst, Office of the Chief Counsel, ending on September 25, 1999, as National will have an opportunity to develop Federal Aviation Administration, Depart- Home Education Week; to the Committee on high quality, high paying jobs that are ment of Transportation, transmitting, pur- the Judiciary. sorely needed on the Uintah and Ouray suant to law, the report of a rule entitled By Mr. REID: Reservation while sustainably man- ‘‘Airworthiness Directives; Boeing Model 747 S. Res. 184. A resolution congratulating the aging the land. Series Airplanes; Request for Comments; Nevada Hispanic leaders in celebrating His- The Ute Economic Opportunity Act Docket No. 99–NM–77 {8–31/9–2}’’ (RIN2120– panic Heritage Month in Washington, D.C; to of 1999 is an important piece of legisla- AA64) (1999–0325), received September 2, 1999; the Committee on the Judiciary. to the Committee on Commerce, Science, tion that will allow the Ute Tribe to By Mr. VOINOVICH (for himself, Mr. pursue economic independence. and Transportation. LIEBERMAN, Mr. BUNNING, Mr. EC–5153. A communication from the Pro- f DEWINE, Mrs. LINCOLN, and Mr. GOR- gram Analyst, Office of the Chief Counsel, TON): ADDITIONAL COSPONSORS Federal Aviation Administration, Depart- S. Con. Res. 56. A concurrent resolution ex- ment of Transportation, transmitting, pur- pressing the sense of Congress regarding the S. 341 suant to law, the report of a rule entitled importance of ‘‘family friendly’’ program- At the request of Mr. CRAIG, the ‘‘Airworthiness Directives; Boeing Model ming on television; to the Committee on name of the Senator from North Da- 747–400 Series Airplanes; Docket No. 99–NM– Commerce, Science, and Transportation. kota (Mr. DORGAN) was added as a co- 222 {8–31/–2}’’ (RIN2120–AA64) (1999–0326), re- ceived September 2, 1999; to the Committee f sponsor of S. 341, a bill to amend the Internal Revenue Code of 1986 to in- on Commerce, Science, and Transportation. STATEMENTS ON INTRODUCED EC–5154. A communication from the Pro- crease the amount allowable for quali- gram Analyst, Office of the Chief Counsel, BILLS AND JOINT RESOLUTIONS fied adoption expenses, to permanently Federal Aviation Administration, Depart- By Mr. BENNETT: extend the credit for adoption ex- ment of Transportation, transmitting, pur- S. 1581. A bill to amend the Strom penses, and to adjust the limitations suant to law, the report of a rule entitled Thurmond National Defense Authoriza- on such credit for inflation, and for ‘‘Airworthiness Directives; Boeing Model 727 tion Act for Fiscal Year 1999 to provide other purposes. Series Airplanes; Docket No. 97–NM–03 {8–31/ –2}’’ (RIN2120–AA64) (1999–0327), received Sep- for the retention and administration of S. 424 tember 2, 1999; to the Committee on Com- Oil Shale Reserve Numbered 2 by the At the request of Mr. COVERDELL, the merce, Science, and Transportation. Secretary of Energy; to the Committee name of the Senator from Texas (Mr. EC–5155. A communication from the Pro- on Armed Services. GRAMM) was added as a cosponsor of S. gram Analyst, Office of the Chief Counsel, UTE ECONOMIC OPPORTUNITY ACT OF 1999 424, a bill to preserve and protect the Federal Aviation Administration, Depart- free choice of individuals and employ- ment of Transportation, transmitting, pur- Mr. BENNETT. Mr. President, I rise suant to law, the report of a rule entitled today to introduce the ‘‘Ute Economic ees to form, join, or assist labor organi- ‘‘Airworthiness Directives; Boeing Model Opportunity Act of 1999.’’ This bill was zations, or to refrain from such activi- 747–400, 757–200, 767–300 Series Airplanes; introduced in the House of Representa- ties. Docket No. 997–NM–111 {9–1/9–2}’’ (RIN2120– tives on September 9, 1999 by Rep- S. 510 AA64) (1999–0334), received September 2, 1999; resentative CANNON. Currently, the De- At the request of Mr. CAMPBELL, the to the Committee on Commerce, Science, partment of Energy administers the name of the Senator from Missouri and Transportation. (Mr. ASHCROFT) was added as a cospon- EC–5156. A communication from the Pro- Naval Oil Shale Reserve Numbered 2, gram Analyst, Office of the Chief Counsel, which is located in northeastern Utah. sor of S. 510, a bill to preserve the sov- Federal Aviation Administration, Depart- A portion of the Oil Shale Reserve ex- ereignty of the United States over pub- ment of Transportation, transmitting, pur- ists on the Uintah and Ouray Reserva- lic lands and acquired lands owned by suant to law, the report of a rule entitled tion, which belongs to the Ute Indian the United States, and to preserve ‘‘Airworthiness Directives; Boeing Model Tribe. There have been several discus- State sovereignty and private property 737–100, –200, –300, –400, –500 Series Airplanes; sions that contemplate the transfer of rights in non-Federal lands sur- Request for Comments {9–1/9–2}’’ (RIN2120– the lands of the Oil Shale Reserve to rounding those public lands and ac- AA64) (1999–0335), received September 2, 1999; quired lands. to the Committee on Commerce, Science, the Bureau of Land Management. Due and Transportation. to the religious and historical signifi- S. 511 f cance of certain lands and the presence At the request of Mr. MCCAIN, the of wild horses and burros, the Ute name of the Senator from Massachu- INTRODUCTION OF BILLS AND Tribe is concerned that any transfer setts (Mr. KENNEDY) was added as a co- JOINT RESOLUTIONS may infringe on their tribal rights and sponsor of S. 511, a bill to amend the The following bills and joint resolu- deviate from the current management Voting Accessibility for the Elderly tions were introduced, read the first direction. and Handicapped Act to ensure the and second time by unanimous con- This bill would continue the Depart- equal right of individuals with disabil- sent, and referred as indicated: ment of Energy’s administration of the ities to vote, and for other purposes. By Mr. BENNETT: Oil Shale Reserve, and also provide a S. 514 S. 1581. A bill to amend the Strom Thur- significant opportunity for economic At the request of Mr. COCHRAN, the mond National Defense Authorization Act development to the Ute Tribe. The bill name of the Senator from New Mexico for Fiscal Year 1999 to provide for the reten- requires the Department of Energy to (Mr. DOMENICI) was added as a cospon- tion and administration of Oil Shale Reserve enter into a cooperative agreement sor of S. 514, a bill to improve the Na- Numbered 2 by the Secretary of Energy; to with the Ute Tribe to develop a long- tional Writing Project. the Committee on Armed Services. By Mr. DURBIN: term plan to manage, develop, and ad- S. 656 S. 1582. A bill to modify the provisions of minister the Oil Shale Reserve. Fur- At the request of Mr. REED, the name the Balanced Budget Act of 1997 relating to ther, 180 days after enactment of this of the Senator from Minnesota (Mr. September 14, 1999 CONGRESSIONAL RECORD — SENATE S10853

WELLSTONE) was added as a cosponsor 1115, a bill to require the Secretary of S. 1564 of S. 656, a bill to provide for the ad- Veterans Affairs to establish a national At the request of Mr. COCHRAN, the justment of status of certain nationals cemetery for veterans in the Pitts- names of the Senator from Utah (Mr. of Liberia to that of lawful permanent burgh, Pennsylvania, area. HATCH) and the Senator from Vermont residence. S. 1133 (Mr. LEAHY) were added as cosponsors S. 693 At the request of Mr. GRAMS, the of S. 1564, a bill to protect the budget At the request of Mr. HELMS, the names of the Senator from Georgia of the Federal courts. name of the Senator from South Caro- (Mr. CLELAND) and the Senator from S. 1568 lina (Mr. THURMOND) was added as a co- North Carolina (Mr. HELMS) were added sponsor of S. 693, a bill to assist in the as cosponsors of S. 1133, a bill to amend At the request of Mr. FEINGOLD, the enhancement of the security of Tai- the Poultry Products Inspection Act to names of the Senator from Iowa (Mr. wan, and for other purposes. cover birds of the order Ratitae that HARKIN) and the Senator from North Carolina (Mr. HELMS) were added as co- S. 712 are raised for use as human food. sponsors of S. 1568, a bill imposing an At the request of Mr. LOTT, the name S. 1144 immediate suspension of assistance to of the Senator from Massachusetts At the request of Mr. VOINOVICH, the the Government of Indonesia until the (Mr. KERRY) was added as a cosponsor name of the Senator from Pennsyl- results of the August 30, 1999, vote in of S. 712, a bill to amend title 39, vania (Mr. SPECTER) was added as a co- East Timor have implemented, and for United States Code, to allow postal pa- sponsor of S. 1144, a bill to provide in- other purposes. trons to contribute to funding for high- creased flexibility in use of highway way-rail grade crossing safety through funding, and for other purposes. SENATE RESOLUTION 158 the voluntary purchase of certain spe- S. 1196 At the request of Mrs. MURRAY, the cially issued United States postage At the request of Mr. COVERDELL, the names of the Senator from Indiana stamps. name of the Senator from Alabama (Mr. LUGAR) and the Senator from Illi- S. 909 (Mr. SESSIONS) was added as a cospon- nois (Mr. FITZGERALD) were added as At the request of Mr. CONRAD, the sor of S. 1196, a bill to improve the cosponsors of Senate Resolution 158, a name of the Senator from Massachu- quality, timeliness, and credibility of resolution designating October 21, 1999, setts (Mr. KERRY) was added as a co- forensic science services for criminal as a ‘‘Day of National Concern About sponsor of S. 909, a bill to provide for justice purposes. Young People and Gun Violence.’’ the review and classification of physi- S. 1225 cian assistant positions in the Federal SENATE RESOLUTION 178 At the request of Ms. COLLINS, the Government, and for other purposes. At the request of Mr. THURMOND, the name of the Senator from Washington S. 914 names of the Senator from Colorado (Mr. GORTON) was added as a cosponsor At the request of Mr. SMITH, the (Mr. ALLARD), the Senator from Lou- of S. 1225, a bill to provide for a rural names of the Senator from West Vir- isiana (Mr. BREAUX), the Senator from education initiative, and for other pur- ginia (Mr. BYRD) and the Senator from Kentucky (Mr. BUNNING), the Senator poses. Washington (Mrs. MURRAY) were added from Montana (Mr. BURNS), the Sen- as cosponsors of S. 914, a bill to amend S. 1263 ator from Colorado (Mr. CAMPBELL), the Federal Water Pollution Control At the request of Mr. JEFFORDS, the the Senator from North Dakota (Mr. Act to require that discharges from name of the Senator from Missouri CONRAD), the Senator from Idaho (Mr. combined storm and sanitary sewers (Mr. BOND) was added as a cosponsor of CRAPO), the Senator from Ohio (Mr. conform to the Combined Sewer Over- S. 1263, a bill to amend the Balanced DEWINE), the Senator from Illinois (Mr. flow Control Policy of the Environ- Budget Act of 1997 to limit the reduc- FITZGERALD), the Senator from Texas mental Protection Agency, and for tions in medicare payments under the (Mr. GRAMM), the Senator from North other purposes. prospective payment system for hos- Carolina (Mr. HELMS), the Senator pital outpatient department services. S. 1004 from Arkansas (Mr. HUTCHINSON), the At the request of Mr. BURNS, the S. 1319 Senator from Texas (Mrs. HUTCHISON), name of the Senator from Michigan At the request of Mr. ALLARD, his the Senator from Hawaii (Mr. INOUYE), (Mr. ABRAHAM) was added as a cospon- name was added as a cosponsor of S. the Senator from Vermont (Mr. JEF- sor of S. 1004, a bill to amend the Com- 1319, a bill to authorize the Secretary FORDS), the Senator from Massachu- munications Act of 1934 to reduce tele- of Housing and Urban Development to setts (Mr. KERRY), the Senator from phone rates, provide advanced tele- renew project-based contracts for as- Louisiana (Ms. LANDRIEU), the Senator communications services to schools, li- sistance under secion 8 of the United from Kentucky (Mr. MCCONNELL), the braries, and certain health care facili- States Housing Act of 1937 at up to Senator from Kansas (Mr. ROBERTS), ties, and for other purposes. market rent levels, in order to preserve the Senator from West Virginia (Mr. S. 1010 these projects as affordable low-income ROCKEFELLER), the Senator from New At the request of Mr. JEFFORDS, the housing, and for other purposes. Hampshire (Mr. SMITH), the Senator name of the Senator from North Caro- S. 1369 from Oregon (Mr. SMITH), and the Sen- lina (Mr. HELMS) was added as a co- At the request of Mr. JEFFORDS, the ator from Minnesota (Mr. WELLSTONE) sponsor of S. 1010, a bill to amend the name of the Senator from California were added as cosponsors of Senate Internal Revenue Code of 1986 to pro- (Mrs. FEINSTEIN) was added as a co- Resolution 178, a resolution desig- vide for a medical innovation tax cred- sponsor of S. 1369, a bill to enhance the nating the week beginning September it for clinical testing research expenses benefits of the national electric system 19, 1999, as ‘‘National Historically attributable to academic medical cen- by encouraging and supporting State Black Colleges and Universities Week.’’ programs for renewable energy sources, ters and other qualified hospital re- SENATE RESOLUTION 179 search organizations. universal electric service, affordable At the request of Mr. BIDEN, the S. 1020 electric service, and energy conserva- names of the Senator from Alaska (Mr. At the request of Mr. GRASSLEY, the tion and efficiency, and for other pur- MURKOWSKI), the Senator from Nevada names of the Senator from Utah (Mr. poses. (Mr. BRYAN), the Senator from Illinois HATCH) and the Senator from North S. 1547 (Mr. DURBIN), and the Senator from Dakota (Mr. CONRAD) were added as co- At the request of Mr. BURNS, the South Carolina (Mr. THURMOND) were sponsors of S. 1020, a bill to amend name of the Senator from Kansas (Mr. added as cosponsors of Senate Resolu- chapter 1 of title 9, United States Code, BROWNBACK) was added as a cosponsor tion 179, a resolution designating Octo- to provide for greater fairness in the of S. 1547, a bill to amend the Commu- ber 15, 1999, as ‘‘National Mammog- arbitration process relating to motor nications Act of 1934 to require the raphy Day.’’ vehicle franchise contracts. Federal Communications Commission S. 1115 to preserve low-power television sta- SENATE RESOLUTION 181 At the request of Mr. SANTORUM, his tions that provide community broad- At the request of Mr. HARKIN, the name was added as a cosponsor of S. casting, and for other purposes. name of the Senator from New Jersey S10854 CONGRESSIONAL RECORD — SENATE September 14, 1999

(Mr. LAUTENBERG) was added as a co- Whereas members of the Family Friendly ward the entire family. As sponsors of sponsor of Senate Resolution 181, a res- Programming Forum are concerned about a wide range of programs, the Forum’s olution expressing the sense of the Sen- the availability of family friendly television members believe that there is a defi- ate regarding the situation in East programs during prime time viewing hours; nite call for more family friendly mov- and Timor. Whereas Congress encourages activities by ies, documentaries, series and other AMENDMENT NO. 1595 the Forum and other entities designed to programs that are relevant and inter- At the request of Mr. BENNETT the promote family friendly programming, esting to a broad family audience. name of the Senator from Mississippi including— The members of the Forum are work- (Mr. COCHRAN) was added as a cospon- (1) participating in meetings with leader- ing on a variety of initiatives in an ef- sor of Amendment No. 1595 proposed to ship of major television networks, studios, fort to promote more family friendly H.R. 2466, a bill making appropriations and production companies to express con- programs. They are: engaging in con- for the Department of the Interior and cerns; structive dialogue with industry lead- (2) expressing the importance of family related agencies for the fiscal year end- friendly programming at industry con- ers, presenting awards to family friend- ing September 30, 2000, and for other ferences, meetings, and forums; ly television programs, establishing a purposes. (3) honoring outstanding family friendly development fund for family friendly AMENDMENT NO. 1598 television programs with a new tribute, the scripts, awarding university scholar- At the request of Mr. MURKOWSKI the Family Program Awards, to be held annually ships in television studies that high- names of the Senator from New York in Los Angeles, California; light family television themes, as well (Mr. SCHUMER), the Senator from (4) establishing a development fund to fi- as embarking on a public awareness nance family friendly scripts; and Rhode Island (Mr. REED), and the Sen- campaign. (5) underwriting scholarships at tele- ator from Connecticut (Mr. LIEBERMAN) vision studies departments at institutions of Mr. President, as a father and a were added as cosponsors of amend- higher education to encourage student inter- grandfather, I am deeply concerned ment No. 1598 intended to be proposed est in family friendly programming: Now, about the healthy development of all to H.R. 2466, a bill making appropria- therefore, be it our nation’s children. The future of our tions for the Department of the Inte- Resolved by the Senate (the House of Rep- nation depends to a great degree on the rior and related agencies for the fiscal resentatives concurring), That Congress— safe and nurturing environment that year ending September 30, 2000, and for (1) recognizes and honors the efforts of the will give children a positive outlook on other purposes. Family Friendly Programming Forum and other entities supporting family friendly life. Therefore, I encourage efforts that AMENDMENT NO. 1613 programming; will increase the number and quality of At the request of Ms. SNOWE her (2) supports efforts to encourage television family TV programs. I congratulate name was added as a cosponsor of networks, studios, and the production com- the Family Friendly Programming amendment No. 1613 proposed to H.R. munity to produce more quality family Forum on their leadership toward that 2466, a bill making appropriations for friendly programs; goal. the Department of the Interior and re- (3) supports the proposed Family Friendly I believe that the passage of the reso- Programming Awards, development fund, lated agencies for the fiscal year end- lution that Senator LIEBERMAN and I and scholarships, all of which are designed to ing September 30, 2000, and for other are introducing honors the Forum’s purposes. encourage, recognize, and celebrate creative excellence in, and commitment to, family commitment and helps raise the aware- f friendly programming; and ness of others in the business commu- SENATE CONCURENT RESOLUTION (4) encourages the media and American ad- nity to align themselves with the goal 56—EXPRESSING THE SENSE OF vertisers to further a family friendly tele- of bringing quality television to our vision environment within which appropriate nation’s families for the benefit of our CONGRESS REGARDING THE IM- advertisements can accompany the program- PORTANCE OF ‘‘FAMILY FRIEND- children. I encourage my colleagues to ming. join us in cosponsoring this resolution LY’’; PROGRAMMING ON TELE- ∑ Mr. VOINOVICH. Mr. President, I VISION and I urge the Senate to provide it’s rise today along with my friend and quick approval.∑ Mr. VOINOVICH (for himself Mr. colleague from Connecticut, Senator f LIEBERMAN, Mr. BUNNING, Mr. DEWINE, LIEBERMAN, to submit a resolution rec- Mrs. LINCOLN, and Mr. GORTON) sub- ognizing the importance of expanding SENATE RESOLUTION 183—DESIG- mitted the following concurrent resolu- the amount of family friendly tele- NATING THE WEEK BEGINNING tion; which was referred to the Com- vision programming, and to saluting ON SEPTEMBER 19, 1999, AND mittee on Commerce, Science, and the contributions that the Family ENDING ON SEPTEMBER 25, 1999, Transportation: Friendly Programming Forum is un- AS NATIONAL HOME EDUCATION S. CON. RES. 56 dertaking to make this goal a reality. WEEK Expressing the sense of Congress regarding As nearly any parent will attest, it the importance of ‘‘family friendly’’ pro- can be a very difficult task to keep Mr. ASHCROFT (for himself, Mr. gramming on television. track of what their children watch COVERDELL, Mr. DEWINE, Mr. HAGEL, Whereas American children and adoles- after school. It is particularly hard for Mr. HELMS, Mr. INHOFE, Mr. GREGG, and cents spend between 22 and 28 hours each working parents. Each week the aver- Mr. SMITH of Oregon) submitted the week viewing television; following resolution; which was re- Whereas American homes have an average age child watches 22 to 28 hours of tele- vision, which is more time than is ferred to the Committee on the Judici- of 2.75 television sets, and 87 percent of ary: homes with children have more than 1 tele- spent on nearly any other activity, ex- vision set; cept sleeping. The trick for parents is S. RES. 183 Whereas there is a need to increase the to establish good family viewing habits Whereas the United States is committed to availability of programs suitable for the en- that emphasize quality programming excellence in education; tire family during prime time viewing hours; and which are suited to the age of Whereas the United States recognizes the Whereas surveys of television content dem- importance of family participation and pa- onstrate that many programs contain sub- these young viewers. Many parents rental choices in pursuit of that excellence; stantial sexual or violent content; have indicated their desire to have Whereas the United States recognizes the Whereas although parents are ultimately more program choices for family fundamental right of parents to direct the responsible for appropriately supervising friendly viewing during the evening education and upbringing of their children; their children’s television viewing, it is also hours when everyone is home together. Whereas parents want their children to re- important to provide positive, ‘‘family To help in this endeavor, a number of ceive a first-class education; friendly’’ programming that is suitable for our nation’s leading companies have Whereas training in the home strengthens parents and children to watch together; joined forces to establish the Family the family and guides children in setting the Whereas efforts should be made by tele- Friendly Programming Forum. The Fo- highest standards for their lives which are vision networks, studios, and the production essential elements to the continuity of mo- community to produce more quality family rum’s members, which includes some of rality in our culture; friendly programs and to air those programs the nation’s largest television adver- Whereas home schooling families con- during times when parents and children are tisers, are encouraging the production tribute significantly to the cultural diver- likely to be viewing together; of more television programs geared to- sity important to a healthy society; September 14, 1999 CONGRESSIONAL RECORD — SENATE S10855 Whereas the United States has a signifi- Whereas Nevada Hispanic leaders will be fore my colleagues in the Senate to pay cant number of parents who teach their own briefed by the White House Initiative on tribute to Nevada’s dynamic Hispanic children at home; Educational Excellence for Hispanic Ameri- community, as well as the more than Whereas home education was proven suc- cans, and will meet with White House Dep- 30 million people in the United States cessful in the lives of George Washington, uty Chief of Staff, Maria Echaveste, and the Patrick Henry, John Quincy Adams, John Director of Inter-Governmental Affairs, who are of Hispanic heritage. Marshall, Robert E. Lee, Booker T. Wash- Mickey Ibarra; Mr. President, Nevada, which has ington, Thomas Edison, Abraham Lincoln, Whereas Nevada Hispanic leaders will be consistently been the fastest growing Franklin Roosevelt, Woodrow Wilson, Mark briefed by Federal agencies critical to the state in the union, boasts a Hispanic Twain, John Singleton Copley, William Hispanic community’s advancement, such as population of more than two-hundred Carey, Phyllis Wheatley, and Andrew Car- the Departments of Agriculture, Commerce, and fifty thousand. While the Hispanic negie; Education, Energy, Health and Human Serv- community constitutes fifteen percent Whereas home school students exhibit self- ices, Housing and Urban Development, Jus- of the population of Las Vegas, more tice, and Labor, as well as the Small Busi- confidence and good citizenship and are fully than one in four schoolchildren in the prepared academically to meet the chal- ness Administration and the Immigration lenges of today’s society; and Naturalization Service; Las Vegas/Clark County School Dis- Whereas dozens of contemporary studies Whereas Nevada Hispanic leaders will be trict are of Hispanic heritage. Our chil- continue to confirm that children who are briefed by the Nation’s pre-eminent Hispanic dren are the future, and the inference educated at home score exceptionally well organizations, such as the National Council is clear: the Hispanic community is the on nationally normed achievement tests; of La Raza, the Hispanic Association of Col- fastest growing minority group in Ne- Whereas a March 1999 study by the Edu- leges and Universities, the National Associa- vada and the entire country. cational Resources Information Center tion of Latino Elected Officials, the League The many contributions of Hispanics of United Latin American Cities, the Mexi- Clearinghouse on Assessment and Evaluation in American society are demonstrated at the University of Maryland found that can American Legal Defense and Edu- home school students taking the Iowa Test cational Fund, the National Latino Chil- in the areas of culture, academics, of Basic Skills or the Tests of Achievement dren’s Institute, the Aspira Association, and business, education, the arts and enter- and Proficiency scored in the 70th to 80th the MANA (a national Latina organization); tainment. In Nevada, Hispanic leader- percentiles among all the students nation- Whereas Senator Reid’s conference will be ship continues to advance as members wide who took those exams, and 25 percent of an opportunity for Nevada Hispanic leaders of the community occupy more and home schooled students were studying at a to unite in Washington, D.C., so that the more elected and appointed positions. I level one or more grades above normal for leaders can experience the legislative and was especially honored to have my dear regulatory process and interact with individ- their age; friend, Reynaldo Martinez, serve as my Whereas studies demonstrate that home uals and organizations who shape the Na- schoolers excel in college with the average tion’s policy; and Chief of Staff in the United States Sen- grade point average of home schoolers ex- Whereas strong partnerships will be forged ate. ceeding the college average; and with the attendees of Senator Reid’s con- Mr. President, to celebrate these Whereas United States home educators and ference who have travelled from Nevada to many contributions, but also, to ad- home instructed students should be recog- Washington, D.C., to influence policy and ad- dress the path that lies ahead, Nevada nized and celebrated for their efforts to im- vance the needs and goals of Hispanics in Ne- Hispanic leaders from Nevada will prove the quality of education: Now, there- vada and the Nation: Now, therefore, be it gather in Washington, D.C. from Sep- Resolved, That the Senate— fore, be it tember 15–17, 1999, for Unidos para el Resolved, That the week beginning on Sep- (1) congratulates Nevada Hispanic leaders tember 19, 1999, and ending on September 25, who have made a special trip to the Nation’s Futuro (United for the Future), my Na- 1999, is designated as National Home Edu- Capital for this historic summit; tional Conference for Nevada Hispanic cation Week. The President is authorized (2) commemorates the following names of Leadership. Armed with the lessons of and requested to issue a proclamation recog- the Nevada Hispanic leaders: Bob Agonia, the past, and ready to confront the nizing the contributions that home schooling Elvira J. Alvarez, Luisa Balza, Kelly challenges of the future, these mem- families have made to the Nation. Benavidez, Carina Black, Greg J. Black, Car- bers of the Nevada Hispanic commu- f los Blumberg, Don Brown, Andrea Brown, nity will have the opportunity to meet Malena Burnett, Deanna Cambeiro-Remark, SENATE RESOLUTION 184—CON- Liz Carrasco, Maria Champlin, Lyciane Co- with my colleagues in the Senate and GRATULATING THE NEVADA HIS- rona, Laura Cortez, Cheryl Davis, Nico De La the House of Representatives, includ- PANIC LEADERS IN CELE- Puente, Johny Diaz, Dr. Mark Dominguez, ing the Congressional Hispanic Caucus. BRATING HISPANIC HERITAGE Rose Dominguez, Lopez Edwardo, Elva I am honored that Energy Secretary MONTH IN WASHINGTON, D.C. Esparza, Edith Fernandez, Jacqueline Bill Richardson, the highest ranking Ferreiro, Judith Fleishman, Frank Canales, Hispanic in President Clinton’s admin- Mr. REID submitted the following Charvez Foger, Sermerno Francisco, Zullie istration, will also address the gath- resolution; which was referred to the Franco, Hector Galvez-Lopez, Edward M. ering. Furthermore, the group will Committee on the Judiciary: Garcia, Helena Garcia, Laura Garcia, Arriola meet with numerous national Hispanic S. RES. 184 Gilbert, Almalinda Guerrero, Jesse Gutier- rez, Elaine Hernandez, Cinthya Hernandez, organizations, as well as officials from Whereas September 15th begins the cele- Cecilia Khan, Estela LaVario, Eduardo the various federal agencies that inter- bration of Hispanic Heritage Month; Lopez, Scott Antonio Lopez, Rene Mantecon, act with the Hispanic community. I am Whereas in 1999, the Hispanic population in Diego Martin, Raul Martinez, Magda Mar- Nevada exceeds 253,000, and is expected to ex- hopeful that the efforts we are under- tinez, Larry Mason, Griselda Maya, Rita Mc ceed 31,000,000 nationwide by the end of the taking will provide our friends and col- Gary, John Medina, Eva Melendrez, Jose millennium; leagues in the Hispanic community Melendrez, Laura Mijanovich, Clara Mi- Whereas Hispanic schoolchildren represent with essential information on a variety randa, Ramon Miranda, Marlene Monteolivo, 25 percent of the Clark County School Dis- Jesse Montes, Fran Montes, Gabriela Mora, of issues, as well as the necessary trict in Nevada; John Mulligan, Mercy Nagel, Alberto Ochoa, interaction with those individuals and Whereas it is important to highlight the Arturo Ochoa, Alex Ortiz, Rosa Parodi, Ciria entities that shape policy. Such pro-ac- contributions Hispanics have made to Amer- Perez, Jose Pineda, Craig Pittman, Andres tion on our part is imperative in the ican society, culture, academics, business, Ramirez, Dr. Maria G. Ramirez, Margarita and education; Senate which, unfortunately, is with- Rebollal, Mary Resendez, Linda Rivera, Whereas Nevada Hispanic leaders have out a Hispanic Member. Mario Rocha, Carlos Rodriguez Jr., Michelle gathered in Washington, D.C., to attend Sen- As elected officials, we must be con- Rodriguez, Fernando Romero, Dr. Carlos ator Harry Reid’s National Conference for stantly apprised of the issues that are Romo, Martha Salazar, Tony Sanchez, Ray- Hispanic Leadership Summit; important to our constituents. Simply mond Sandoval, Emma Sepulveda, Carmen Whereas Nevada Hispanic leaders will have Suarez, Maria Carmen Thomas, Jose put, the priorities of the Hispanic com- an opportunity to meet with Senator Reid’s Troncoso, Candida Ann Ureno, and Rafael munity must be our priorities as well. senatorial colleagues and members of the Villanueva; and Mr. President, I rise to recognize and Congressional Hispanic Caucus; (3) requests the legislative clerk of the honor the following members of Ne- Whereas Nevada Hispanic leaders will meet Senate to read the Resolution into the with the highest ranking Hispanic in Presi- vada’s Hispanic community who have record upon its passage. dent Clinton’s Administration, Secretary of joined me in our nation’s capital, Energy, Bill Richardson, as well as other Mr. REID. Mr. President, September united for the future: high level Hispanics in the Executive 15, 1999, marks the beginning of His- Bob Agonia, Elmira J. Alvarez, Luisa Branch; panic Heritage Month. Today, I rise be- Balsa, Kelly Benavidez, Carina Black, S10856 CONGRESSIONAL RECORD — SENATE September 14, 1999 Greg J. Black, Carlos Blumberg, Don OFFICE OF THE ASSISTANT SECRETARY FOR such costs, including the cost of modifying Brown, Andrea Brown, Malena Burnett, AVIATION AND INTERNATIONAL AFFAIRS such loans, shall be as defined in section 502 Deanna Cambeiro-Remark, Liz For necessary expenses of the Office of the of the Congressional Budget Act of 1974: Pro- Carrasco, Maria Champlin, Lyciane Co- Assistant Secretary for Aviation and Inter- vided further, That these funds are available to subsidize gross obligations for the prin- rona, Laura Cortez, Cheryl Davis, Nico national Affairs, $7,700,000: Provided, That notwithstanding any other provision of law, cipal amount of direct loans not to exceed De La Puente, Johnny Diaz, Dr. Mark there may be credited to this appropriation $13,775,000. In addition, for administrative ex- Dominguez, Rose Dominguez, Lopez up to $1,250,000 in funds received in user fees. penses to carry out the direct loan program, Edwardo, Elva Esparza, Edith OFFICE OF THE ASSISTANT SECRETARY FOR $400,000. Fernandez, Jacqueline Ferreiro, Judith BUDGET AND PROGRAMS MINORITY BUSINESS OUTREACH Fleishman, Frank Canales, Charvez For necessary expenses of the Office of the For necessary expenses of Minority Busi- Roger, Sermern˜ o Francisco, Zullie Assistant Secretary for Budget and Pro- ness Resource Center outreach activities, Franco, Hector Galvez-Lopez, Edward grams, $6,870,000, including not to exceed $2,900,000, of which $2,635,000 shall remain M. Garcia, Helena Garcia, Laura Gar- $45,000 for allocation within the Department available until September 30, 2001: Provided, cia, Arriola Gilbert, Almalinda Guer- for official reception and representation ex- That notwithstanding 49 U.S.C. 332, these penses as the Secretary may determine. rero, Jesse Gutierrez, Elaine Her- funds may be used for business opportunities nandez, Cinthya Hernandez, Cecilia OFFICE OF THE ASSISTANT SECRETARY FOR related to any mode of transportation. GOVERNMENTAL AFFAIRS Khan, Estela LaVario, Eduardo Lopez, COAST GUARD For necessary expenses of the Office of the OPERATING EXPENSES Scott Antono Lopez, Rene Mantecon, Assistant Secretary for Governmental Af- Diego Martin, Rual Martinez, Magda fairs, $2,000,000. (INCLUDING TRANSFERS OF FUNDS) Martinez, Larry Mason, Griselda Mava, OFFICE OF THE ASSISTANT SECRETARY FOR For necessary expenses for the operation Rita Mac Gary, John Medina, Eva ADMINISTRATION and maintenance of the Coast Guard, not Melendrez, Jose Melendrez, Laura For necessary expenses of the Office of the otherwise provided for; purchase of not to ex- Mijanovich, Clara Miranda, Ramon Mi- Assistant Secretary for Administration, ceed five passenger motor vehicles for re- randa, Marlene Monteolivo, Jesse $18,600,000. placement only; payments pursuant to sec- tion 156 of Public Law 97–377, as amended (42 OFFICE OF PUBLIC AFFAIRS Montes, Fran Montes, Gabriel Mora, U.S.C. 402 note), and section 229(b) of the So- John Mulligan, Mercy Mangel, Alberto For necessary expenses of the Office of cial Security Act (42 U.S.C. 429(b)); and Ochoa, Arturo Ochoa, Alex Ortiz, Rosa Public Affairs, $1,800,000. recreation and welfare; $2,772,000,000, of Parodi, Ciria Perez, Jose Pineda, Craig EXECUTIVE SECRETARIAT which $534,000,000 shall be available for de- Pittman, Andres Ramirez, Dr. Maria G. For necessary expenses of the Executive fense-related activities; and of which Ramirez, Margarita Rebollal, Mary Secretariat, $1,110,000. $25,000,000 shall be derived from the Oil Spill Resendez, Linda Rivera, Mario Rocha, BOARD OF CONTRACT APPEALS Liability Trust Fund: Provided, That none of Carlos Rodriguez, Jr., Michelle For necessary expenses of the Board of the funds appropriated in this or any other Contract Appeals, $560,000. Act shall be available for pay for administra- Rodriguez, Fernando Romeo, Dr. Carlos tive expenses in connection with shipping OFFICE OF SMALL AND DISADVANTAGED Romero, Martha Salazar, Tony commissioners in the United States: Provided BUSINESS UTILIZATION Sanchez, Raymond Sandal, Emma Se- further, That none of the funds provided in For necessary expenses of the Office of pulveda, Carmen Suarez, Maria Carmen this Act shall be available for expenses in- Small and Disadvantaged Business Utiliza- curred for yacht documentation under 46 Thomas, Jose Troncoso, Candida Ann tion, $1,222,000. Ureno, Rafael Villanueva. U.S.C. 12109, except to the extent fees are OFFICE OF THE CHIEF INFORMATION OFFICER f collected from yacht owners and credited to For necessary expenses of the Office of the this appropriation: Provided further, That the AMENDMENTS SUBMITTED Chief Information Officer, $5,100,000. Commandant shall reduce both military and OFFICE OF CIVIL RIGHTS civilian employment levels for the purpose of For necessary expenses of the Office of complying with Executive Order No. 12839: DEPARTMENT OF TRANSPOR- Civil Rights, $7,200,000. Provided further, That up to $615,000 in user TATION AND RELATED AGEN- TRANSPORTATION PLANNING, RESEARCH, AND fees collected pursuant to section 1111 of CIES APPROPRIATIONS ACT, 2000 DEVELOPMENT Public Law 104–324 shall be credited to this For necessary expenses for conducting appropriation as offsetting collections in fis- transportation planning, research, systems cal year 2000: Provided further, That the Sec- retary may transfer funds to this account, SHELBY AMENDMENT NO. 1624 development, development activities, and making grants, to remain available until ex- from Federal Aviation Administration ‘‘Op- Mr. SHELBY proposed an amend- pended, $3,300,000. erations’’, not to exceed $60,000,000 in total for the fiscal year, fifteen days after written ment to the bill (H.R. 2084) making ap- TRANSPORTATION ADMINISTRATIVE SERVICE notification to the House and Senate Com- propriations for the Department of CENTER Transportation and related agencies mittees on Appropriations, for the purpose of Necessary expenses for operating costs and providing additional funds for drug interdic- for the fiscal year ending September 30, capital outlays of the Transportation Ad- tion activities and/or the Office of Intel- 2000, and for other purposes; as follows: ministrative Service Center, not to exceed ligence and Security activities: Provided fur- Strike all after the enacting clause and in- $169,953,000, shall be paid from appropriations ther, That none of the funds in this Act shall sert: That the following sums are appro- made available to the Department of Trans- be available for the Coast Guard to plan, fi- priated, out of any money in the Treasury portation: Provided, That the preceding limi- nalize, or implement any regulation that tation shall not apply to activities associ- not otherwise appropriated, for the Depart- would promulgate new maritime user fees ated with departmental Year 2000 conversion ment of Transportation and related agencies not specifically authorized by law after the activities: Provided further, That such serv- for the fiscal year ending September 30, 2000, date of enactment of this Act: Provided fur- ices shall be provided on a competitive basis and for other purposes, namely: ther, That the United States Coast Guard to entities within the Department of Trans- will reimburse the Department of Transpor- TITLE I portation: Provided further, That the above tation Inspector General $5,000,000 for costs DEPARTMENT OF TRANSPORTATION limitation on operating expenses shall not associated with audits and investigations of apply to non-DOT entities: Provided further, OFFICE OF THE SECRETARY all Coast Guard-related issues and systems. That no funds appropriated in this Act to an IMMEDIATE OFFICE OF THE SECRETARY agency of the Department shall be trans- ACQUISITION, CONSTRUCTION, AND For necessary expenses of the Immediate ferred to the Transportation Administrative IMPROVEMENTS Office of the Secretary, $1,900,000. Service Center without the approval of the (INCLUDING TRANSFERS OF FUNDS) IMMEDIATE OFFICE OF THE DEPUTY SECRETARY agency modal administrator: Provided fur- For necessary expenses of acquisition, con- For necessary expenses of the Immediate ther, That no assessments may be levied struction, renovation, and improvement of Office of the Deputy Secretary, $600,000. against any program, budget activity, sub- aids to navigation, shore facilities, vessels, activity or project funded by this Act unless OFFICE OF THE GENERAL COUNSEL and aircraft, including equipment related notice of such assessments and the basis thereto, $370,426,000, of which $20,000,000 shall For necessary expenses of the Office of the therefor are presented to the House and Sen- be derived from the Oil Spill Liability Trust General Counsel, $9,000,000. ate Committees on Appropriations and are Fund; of which $123,560,000 shall be available OFFICE OF THE ASSISTANT SECRETARY FOR approved by such Committees. to acquire, repair, renovate or improve ves- POLICY MINORITY BUSINESS RESOURCE CENTER sels, small boats and related equipment, to For necessary expenses of the Office of the For the cost of direct loans, $1,500,000, as remain available until September 30, 2004; Assistant Secretary for Policy, $2,900,000. authorized by 49 U.S.C. 332: Provided, That $33,210,000 shall be available to acquire new September 14, 1999 CONGRESSIONAL RECORD — SENATE S10857 aircraft and increase aviation capability, to velopment, test, and evaluation; mainte- Federal Aviation Administration to enter remain available until September 30, 2002; nance, rehabilitation, lease and operation of into a multiyear lease greater than five $52,726,000 shall be available for other equip- facilities and equipment, as authorized by years in length or greater than $100,000,000 in ment, to remain available until September law, $17,000,000, to remain available until ex- value unless such lease is specifically au- 30, 2002; $63,800,000 shall be available for pended, of which $3,500,000 shall be derived thorized by the Congress and appropriations shore facilities and aids to navigation facili- from the Oil Spill Liability Trust Fund: Pro- have been provided to fully cover the Federal ties, to remain available until September 30, vided, That there may be credited to and Government’s contingent liabilities: Provided 2002; $52,930,000 shall be available for per- used for the purposes of this appropriation further, That the Federal Aviation Adminis- sonnel compensation and benefits and re- funds received from State and local govern- tration will reimburse the Department of lated costs, to remain available until Sep- ments, other public authorities, private Transportation Inspector General $19,000,000 tember 30, 2001; and $44,200,000 shall be depos- sources, and foreign countries, for expenses for costs associated with audits and inves- ited in the Deepwater Replacement Project incurred for research, development, testing, tigations of all aviation-related issues and Revolving Fund to remain available until ex- and evaluation. systems: Provided further, That notwith- pended: Provided, That funds received from FEDERAL AVIATION ADMINISTRATION standing any other provision of law, the FAA the sale of HU–25 aircraft shall be credited to OPERATIONS Administrator may contract out the entire this appropriation for the purpose of acquir- function of Oceanic flight services. (AIRPORT AND AIRWAY TRUST FUND) ing new aircraft and increasing aviation ca- FACILITIES AND EQUIPMENT Notwithstanding any other provision of pacity: Provided further, That the Com- (AIRPORT AND AIRWAY TRUST FUND) mandant of the Coast Guard is authorized to law, for necessary expenses of the Federal Notwithstanding any other provision of and may dispose of by sale at fair market Aviation Administration, not otherwise pro- law, for necessary expenses, not otherwise value all rights, title, and interests of any vided for, including operations and research provided for, for acquisition, establishment, United States entity on behalf of the Coast activities related to commercial space trans- and improvement by contract or purchase, Guard in and to the land of, and improve- portation, administrative expenses for re- and hire of air navigation and experimental ments to, South Haven, Michigan; ESMT search and development, establishment of facilities and equipment as authorized under Manasquan, New Jersey; Petaluma, Cali- air navigation facilities, the operation (in- part A of subtitle VII of title 49, United fornia; ESMT Portsmouth, New Hampshire; cluding leasing) and maintenance of aircraft, States Code, including initial acquisition of Station Clair Flats, Michigan; and, Aids to subsidizing the cost of aeronautical charts necessary sites by lease or grant; engineer- navigation team Huron, Ohio: Provided fur- and maps sold to the public, and carrying ing and service testing, including construc- ther, That there is established in the Treas- out the provisions of subchapter I of chapter tion of test facilities and acquisition of nec- ury of the United States a special account to 471 of title 49, United States Code, or other essary sites by lease or grant; and construc- be known as the Deepwater Replacement provisions of law authorizing the obligation tion and furnishing of quarters and related Project Revolving Fund and proceeds from of funds for similar programs of airport and accommodations for officers and employees the sale of said specified properties and im- airway development or improvement, lease of the Federal Aviation Administration sta- provements shall be deposited in that ac- or purchase of passenger motor vehicles for tioned at remote localities where such ac- count, from which the proceeds shall be replacement only, in addition to amounts commodations are not available; and the available until expended for the purposes of made available by Public Law 104–264, $5,857,450,000 from the Airport and Airway purchase, lease, or transfer of aircraft from replacing or modernizing Coast Guard ships, funds available under this head; to be derived aircraft, and other capital assets necessary Trust Fund: Provided, That none of the funds in this Act shall be available for the Federal from the Airport and Airway Trust Fund, to conduct its deepwater statutory respon- $2,045,652,000, of which $1,721,086,000 shall re- sibilities: Provided further, That, if balances Aviation Administration to plan, finalize, or implement any regulation that would pro- main available until September 30, 2002, and in the Deepwater Replacement Project Re- of which $274,566,000 shall remain available volving Fund permit, the Commandant of mulgate new aviation user fees not specifi- cally authorized by law after the date of en- until September 30, 2000: Provided, That there the Coast Guard is authorized to obligate up may be credited to this appropriation funds to $60,000,000. actment of this Act: Provided further, That the Secretary may transfer funds to this ac- received from States, counties, municipali- ENVIRONMENTAL COMPLIANCE AND count, from Coast Guard ‘‘Operating ex- ties, other public authorities, and private RESTORATION penses’’, not to exceed $60,000,000 in total for sources, for expenses incurred in the estab- For necessary expenses to carry out the the fiscal year, fifteen days after written no- lishment and modernization of air naviga- Coast Guard’s environmental compliance tification to the House and Senate Commit- tion facilities. and restoration functions under chapter 19 of tees on Appropriations, solely for the pur- FACILITIES AND EQUIPMENT title 14, United States Code, $12,450,000, to re- pose of providing additional funds for air (AIRPORT AND AIRWAY TRUST FUND) main available until expended. traffic control operations and maintenance (RESCISSIONS) ALTERATION OF BRIDGES to enhance aviation safety and security, and/ Of the amounts provided under this head- For necessary expenses for alteration or or the Office of Intelligence and Security ac- ing in Public Law 104–205, $17,500,000 are re- removal of obstructive bridges, $14,000,000, to tivities: Provided further, That there may be scinded: Provided, That of the amounts pro- remain available until expended. credited to this appropriation funds received vided under this heading in Public Law 105– RETIRED PAY from States, counties, municipalities, for- 66, $282,000,000 are rescinded. For retired pay, including the payment of eign authorities, other public authorities, RESEARCH, ENGINEERING, AND DEVELOPMENT and private sources, for expenses incurred in obligations therefor otherwise chargeable to (AIRPORT AND AIRWAY TRUST FUND) lapsed appropriations for this purpose, and the provision of agency services, including receipts for the maintenance and operation Notwithstanding any other provision of payments under the Retired Serviceman’s law, for necessary expenses, not otherwise Family Protection and Survivor Benefits of air navigation facilities, and for issuance, renewal or modification of certificates, in- provided for, for research, engineering, and Plans, and for payments for medical care of development, as authorized under part A of retired personnel and their dependents under cluding airman, aircraft, and repair station certificates, or for tests related thereto, or subtitle VII of title 49, United States Code, the Dependents Medical Care Act (10 U.S.C. including construction of experimental fa- ch. 55), $730,327,000. for processing major repair or alteration forms: Provided further, That of the funds ap- cilities and acquisition of necessary sites by RESERVE TRAINING lease or grant, $150,000,000, to be derived from propriated under this heading, $5,000,000 shall (INCLUDING TRANSFER OF FUNDS) the Airport and Airway Trust Fund and to be for the contract tower cost-sharing pro- remain available until September 30, 2002: For all necessary expenses of the Coast gram: Provided further, That funds may be Provided, That there may be credited to this Guard Reserve, as authorized by law; main- used to enter into a grant agreement with a appropriation funds received from States, tenance and operation of facilities; and sup- nonprofit standard-setting organization to counties, municipalities, other public au- plies, equipment, and services; $72,000,000: assist in the development of aviation safety thorities, and private sources, for expenses Provided, That no more than $20,000,000 of standards: Provided further, That none of the incurred for research, engineering, and de- funds made available under this heading may funds in this Act shall be available for new velopment. be transferred to Coast Guard ‘‘Operating ex- applicants for the second career training pro- penses’’ or otherwise made available to reim- gram: Provided further, That none of the GRANTS-IN-AID FOR AIRPORTS burse the Coast Guard for financial support funds in this Act shall be available for pay- (LIQUIDATION OF CONTRACT AUTHORIZATION) of the Coast Guard Reserve: Provided further, ing premium pay under 5 U.S.C. 5546(a) to (AIRPORT AND AIRWAY TRUST FUND) That none of the funds in this Act may be any Federal Aviation Administration em- For liquidation of obligations incurred for used by the Coast Guard to assess direct ployee unless such employee actually per- grants-in-aid for airport planning and devel- charges on the Coast Guard Reserves for formed work during the time corresponding opment, and for noise compatibility plan- items or activities which were not so to such premium pay: Provided further, That ning and programs as authorized under sub- charged during fiscal year 1997. none of the funds in this Act may be obli- chapter I of chapter 471 and subchapter I of RESEARCH, DEVELOPMENT, TEST, AND gated or expended to operate a manned aux- chapter 475 of title 49, United States Code, EVALUATION iliary flight service station in the contiguous and under other law authorizing such obliga- For necessary expenses, not otherwise pro- United States: Provided further, That none of tions, and for administration of such pro- vided for, for applied scientific research, de- the funds in this Act may be used for the grams, $1,750,000,000, to be derived from the S10858 CONGRESSIONAL RECORD — SENATE September 14, 1999

Airport and Airway Trust Fund and to re- FEDERAL-AID HIGHWAYS Committee main available until expended: Provided, (LIMITATION ON OBLIGATIONS) ITS deployment projects recommendation That none of the funds under this heading State of Nebraska ...... 1,500,000 (HIGHWAY TRUST FUND) shall be available for the planning or execu- State of Wisconsin rural tion of programs the obligations for which None of the funds in this Act shall be systems ...... 1,000,000 are in excess of $2,000,000,000 in fiscal year available for the implementation or execu- State of Wisconsin ...... 2,400,000 2000, notwithstanding section 47117(h) of title tion of programs, the obligations for which State of Alaska ...... 3,700,000 49, United States Code: Provided further, That are in excess of $27,701,350,000 for Federal-aid Cargo Mate, Northern NJ .. 2,000,000 discretionary grant funds available for noise highways and highway safety construction Statewide Transcom/ planning and mitigation shall not exceed programs for fiscal year 2000: Provided, That, Transmit upgrades, NJ ... 6,000,000 $60,000,000: Provided further, That, notwith- notwithstanding any other provision of law, State of Vermont rural standing any other provision of law, not within the $27,701,350,000 obligation limita- systems ...... 2,000,000 more than $47,891,000 of the funds limited tion on Federal-aid highways and highway State of Maryland ...... 4,500,000 under this heading shall be obligated for ad- safety construction programs, not more than Washoe County, NV ...... 2,000,000 ministration. $391,450,000 shall be available for the imple- State of Delaware ...... 2,000,000 mentation or execution of programs for Reno/Tahoe, CA/NV ...... 1,000,000 GRANTS-IN-AID FOR AIRPORTS transportation research (Sections 502, 503, Towamencin, PA ...... 1,100,000 (AIRPORT AND AIRWAY TRUST FUND) 504, 506, 507, and 508 of title 23, United States State of Alabama ...... 1,300,000 Code, as amended; section 5505 of title 49, Huntsville, AL ...... 3,000,000 The obligation limitation under this head- United States Code, as amended; and sec- Silicon Valley, CA ...... 2,000,000 ing in Public Law 105–277 is hereby reduced tions 5112 and 5204–5209 of Public Law 105–178) Greater Yellowstone, MT .. 2,000,000 by $290,000,000. for fiscal year 2000; not more than $20,000,000 Pennslyvania Turnpike, AVIATION INSURANCE REVOLVING FUND shall be available for the implementation or PA ...... 7,000,000 execution of programs for the Magnetic The Secretary of Transportation is hereby Portland, OR ...... 1,500,000 Levitation Transportation Technology De- authorized to make such expenditures and Delaware River, PA ...... 1,500,000 ployment Program (Section 1218 of Public investments, within the limits of funds Kansas City, MO ...... 1,000,000: Law 105–178) for fiscal year 2000, of which not available pursuant to 49 U.S.C. 44307, and in Provided further, That, notwithstanding Pub- to exceed $500,000 shall be available to the accordance with section 104 of the Govern- lic Law 105–178 as amended, or any other pro- Federal Railroad Administration for admin- ment Corporation Control Act, as amended vision of law, funds authorized under section istrative expenses and technical assistance (31 U.S.C. 9104), as may be necessary in car- 110 of title 23, United States Code, for fiscal in connection with such program; not more rying out the program for aviation insurance year 2000 shall be apportioned based on each than $31,000,000 shall be available for the im- activities under chapter 443 of title 49, State’s percentage share of funding provided plementation or execution of programs for United States Code. for under section 105 of title 23, United the Bureau of Transportation Statistics States Code, for fiscal year 2000. Of these AIRCRAFT PURCHASE LOAN GUARANTEE (Section 111 of title 49, United States Code) funds to be apportioned under section 110 for PROGRAM for fiscal year 2000: Provided further, That, fiscal year 2000, the Secretary shall ensure None of the funds in this Act shall be notwithstanding any other provision of law, that such funds are apportioned for the available for activities under this heading of the funds made available in fiscal year Interstate Maintenance program, the Na- during fiscal year 2000. 2000 to carry out section 144(g)(1) of title 23, tional Highway System program, the bridge United States Code, $10,000,000 shall be made FEDERAL HIGHWAY ADMINISTRATION program, the surface transportation pro- available to carry out section 1224 of Public gram, and the congestion mitigation and air LIMITATION ON ADMINISTRATIVE EXPENSES Law 105–178: Provided further, That notwith- quality improvement program in the same standing any other provision of law, within ratio that each State is apportioned funds Necessary expenses for administration and the $27,701,350,000 obligation limitation, of operation of the Federal Highway Adminis- for such programs in fiscal year 2000 but for the amounts made available as contract au- this section. tration not to exceed $370,000,000 shall be thority under section 1221(e) of the Transpor- paid in accordance with law from appropria- tation Equity Act for the 21st Century (Pub- FEDERAL-AID HIGHWAYS tions made available by this Act to the Fed- lic Law 105–178), $6,000,000 shall be made (LIQUIDATION OF CONTRACT AUTHORIZATION) eral Highway Administration together with available to carry out section 5113 of that (HIGHWAY TRUST FUND) advances and reimbursements received by Act and $5,000,000 shall be made available to Notwithstanding any other provision of the Federal Highway Administration: Pro- carry out the Nationwide Differential Global vided further, That $55,418,000 shall be avail- law, for carrying out the provisions of title Positioning System program: Provided fur- 23, U.S.C., that are attributable to Federal- able to carry out the functions and oper- ther, That, notwithstanding any other provi- ations of the office of motor carriers: Pro- aid highways, including the National Scenic sion of law, within the $211,200,000 obligation and Recreational Highway as authorized by vided further, That, notwithstanding Public limitation on Intelligent Transportation Law 105–178 or any other provision of law, 23 U.S.C. 148, not otherwise provided, includ- Systems, not less than the following sums ing reimbursement for sums expended pursu- $14,500,000 of the funds available under sec- shall be made available for Intelligent tion 104(a) of title 23, United States Code, ant to the provisions of 23 U.S.C. 308, Transportation system projects in the fol- $26,300,000,000 or so much thereof as may be shall be made available and transferred to lowing specified areas: the National Highway Traffic Safety Admin- available in and derived from the Highway istration operations and research to carry Committee Trust Fund, to remain available until ex- out the provisions of chapter 301 of title 49, ITS deployment projects recommendation pended. Southeast Michigan ...... $4,000,000 United States Code, part C of subtitle VI of NATIONAL MOTOR CARRIER SAFETY PROGRAM title 49, United States Code, and section Salt Lake City, UT ...... 6,500,000 Branson, MO ...... 1,500,000 (LIQUIDATION OF CONTRACT AUTHORIZATION) 405(b) of title 23, United States Code: Pro- St.Louis, MO ...... 2,000,000 (LIMITATION ON OBLIGATIONS) vided further, That of the $14,500,000 made Shreveport, LA ...... 2,000,000 available for traffic and highway safety pro- (HIGHWAY TRUST FUND) State of Montana ...... 3,500,000 grams, $8,300,000 shall be made available to For necessary expenses to carry out 49 State of Colorado ...... 4,000,000 carry out the provisions of chapter 301 of Arapahoe County, CO ...... 2,000,000 U.S.C. 31102, $50,000,000 to be derived from the title 49, United States Code and $6,200,000 Grand Forks, ND ...... 500,000 Highway Trust Fund and to remain available shall be made available to carry out the pro- State of Idaho ...... 2,000,000 until expended: Provided, That no more than visions of part C of subtitle VI of title 49, Columbus, OH ...... 2,000,000 $155,000,000 of budget authority shall be United States Code: Provided further, That Inglewood, CA ...... 2,000,000 available for these purposes: Provided further, $7,500,000, of the funds available under sec- Fargo, ND ...... 2,000,000 That notwithstanding any other provision of tion 104(a) of title 23, United States Code, Albuquerque/State of New law, $105,000,000 is for payment of obligations shall be made available and transferred to Mexico interstate incurred in carrying out 49 U.S.C. 31102 to be the National Highway Traffic Safety Admin- projects ...... 2,000,000 derived from the Highway Trust Fund and to istration, Highway Traffic Safety Grants, for Dothan/Port Saint Joe ...... 2,000,000 remain available until expended. ‘‘Child Passenger Protection Education Santa Teresa, NM ...... 1,500,000 NATIONAL HIGHWAY TRAFFIC SAFETY Grants’’ under section 405(b) of title 23, State of Illinois ...... 4,800,000 ADMINISTRATION United States Code: Provided further, That, Charlotte, NC ...... 2,500,000 OPERATIONS AND RESEARCH the Federal Highway Administration will re- Nashville, TN ...... 2,000,000 imburse the Department of Transportation Tacoma Puyallup, WA ...... 500,000 (HIGHWAY TRUST FUND) Inspector General $9,000,000 from funds avail- Spokane, WA ...... 1,000,000 For expenses necessary to discharge the able within this limitation on obligations for Puget Sound, WA ...... 2,200,000 functions of the Secretary, to be derived costs associated with audits and investiga- State of Washington ...... 4,000,000 from the Highway Trust Fund, $72,900,000 for tions of all highway-related issues and sys- State of Texas ...... 6,000,000 traffic and highway safety under chapter 301 tems. Corpus Christi, TX ...... 2,000,000 of title 49, United States Code, of which September 14, 1999 CONGRESSIONAL RECORD — SENATE S10859 $48,843,000 shall remain available until Sep- for, $91,789,000, of which $6,700,000 shall re- Corporation as authorized by U.S.C. 24104(a), tember 30, 2001: Provided, That none of the main available until expended: Provided, $571,000,000, to remain available until ex- funds appropriated by this Act may be obli- That, as part of the Washington Union Sta- pended. gated or expended to plan, finalize, or imple- tion transaction in which the Secretary as- ment any rulemaking to add to section sumed the first deed of trust on the property FEDERAL TRANSIT ADMINISTRATION 575.104 of title 49 of the Code of Federal Reg- and, where the Union Station Redevelop- ADMINISTRATIVE EXPENSES ulations any requirement pertaining to a ment Corporation or any successor is obli- grading standard that is different from the gated to make payments on such deed of For necessary administrative expenses of three grading standards (treadwear, traction, trust on the Secretary’s behalf, including the Federal Transit Administration’s pro- and temperature resistance) already in ef- payments on and after September 30, 1988, grams authorized by chapter 53 of title 49, fect: Provided further, That none of the funds the Secretary is authorized to receive such United States Code, $12,000,000, to remain made available under this Act may be obli- payments directly from the Union Station available until expended: Provided, That no gated or expended to implement section Redevelopment Corporation, credit them to more than $60,000,000 of budget authority 656(b) of the Illegal Immigration Reform and the appropriation charged for the first deed shall be available for these purposes: Pro- Immigrant Responsibility Act of 1996 (42 of trust, and make payments on the first vided further, That the Federal Transit Ad- U.S.C. 405 note). deed of trust with those funds: Provided fur- ministration will reimburse the Department ther, That such additional sums as may be OPERATIONS AND RESEARCH of Transportation Inspector General necessary for payment on the first deed of $9,000,000 for costs associated with audits and (LIQUIDATION OF CONTRACT AUTHORIZATION) trust may be advanced by the Administrator investigations of all transit-related issues (LIMITATION ON OBLIGATIONS) from unobligated balances available to the and systems. (HIGHWAY TRUST FUND) Federal Railroad Administration, to be reim- Notwithstanding Public Law 105–178 or any bursed from payments received from the FORMULA GRANTS Union Station Redevelopment Corporation: other provision of law, for payment of obli- For necessary expenses to carry out 49 Provided further, That the Federal Railroad gations incurred in carrying out the provi- U.S.C. 5307, 5308, 5310, 5311, 5327, and section Administration will reimburse the Depart- sions of 23 U.S.C. 403, to remain available 3038 of Public Law 105–178, $619,600,000, to re- until expended, $72,000,000, to be derived from ment of Transportation Inspector General $1,000,000 for costs associated with audits and main available until expended: Provided, the Highway Trust Fund: Provided, That That no more than $3,098,000,000 of budget none of the funds in this Act shall be avail- investigations of all rail-related issues and systems: Provided further, That the Adminis- authority shall be available for these pur- able for the planning or execution of pro- poses. grams the total obligations for which, in fis- trator of the Federal Railroad Administra- cal year 2000, are in excess of $72,000,000 for tion is authorized to transfer funds appro- UNIVERSITY TRANSPORTATION RESEARCH programs authorized under 23 U.S.C. 403. priated for any office under this heading to any other office funded under this heading: For necessary expenses to carry out 49 NATIONAL DRIVER REGISTER Provided further, That no appropriation shall U.S.C. 5505, $1,200,000, to remain available (HIGHWAY TRUST FUND) be increased or decreased by more than 10 until expended: Provided, That no more than For expenses necessary to discharge the percent by such transfers unless it is ap- $6,000,000 of budget authority shall be avail- functions of the Secretary with respect to proved by both the House and Senate Com- able for these purposes. the National Driver Register under chapter mittees on Appropriations. TRANSIT PLANNING AND RESEARCH 303 of title 49, United States Code, $2,000,000 RAILROAD RESEARCH AND DEVELOPMENT to be derived from the Highway Trust Fund, For necessary expenses for railroad re- For necessary expenses to carry out 49 and to remain available until expended. search and development, $22,364,000, to re- U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), HIGHWAY TRAFFIC SAFETY GRANTS main available until expended. 5314, 5315, and 5322, $21,000,000, to remain (LIQUIDATION OF CONTRACT AUTHORIZATION) RAILROAD REHABILITATION AND IMPROVEMENT available until expended: Provided, That no (LIMITATION ON OBLIGATIONS) PROGRAM more than $107,000,000 of budget authority shall be available for these purposes: Pro- (HIGHWAY TRUST FUND) The Secretary of Transportation is author- vided further, That $5,250,000 is available to Notwithstanding any other provision of ized to issue to the Secretary of the Treas- provide rural transportation assistance (49 law, for payment of obligations incurred in ury notes or other obligations pursuant to U.S.C. 5311(b)(2)); $4,000,000 is available to carrying out the provisions of 23 U.S.C. 402, section 512 of the Railroad Revitalization carry out programs under the National Tran- 405, 410, and 411 to remain available until ex- and Regulatory Reform Act of 1976 (Public sit Institute (49 U.S.C. 5315); $8,250,000 is pended, $206,800,000, to be derived from the Law 94–210), as amended, in such amounts available to carry out transit cooperative re- Highway Trust Fund: Provided, That none of and at such times as may be necessary to search programs (49 U.S.C. 5313(a)); $49,632,000 the funds in this Act shall be available for pay any amounts required pursuant to the is available for metropolitan planning (49 the planning or execution of programs the guarantee of the principal amount of obliga- U.S.C. 5303, 5304, and 5305); $10,368,000 is avail- total obligations for which, in fiscal year tions under sections 511 through 513 of such able for state planning (49 U.S.C. 5313(b)); 2000, are in excess of $206,800,000 for programs Act, such authority to exist as long as any such guaranteed obligation is outstanding: and $29,500,000 is available for the national authorized under 23 U.S.C. 402, 405, 410, and Provided, That pursuant to section 502 of planning and research program (49 U.S.C. 411 of which $152,800,000 shall be for ‘‘High- such Act, as amended, no new direct loans or 5314): Provided further, That of the total way Safety Programs’’ under 23 U.S.C. 402, loan guarantee commitments shall be made budget authority made available for the na- $10,000,000 shall be for ‘‘Occupant Protection using Federal funds for the credit risk pre- tional planning and research program, the Incentive Grants’’ under 23 U.S.C. 405, mium during fiscal year 2000. Federal Transit Administration shall provide $36,000,000 shall be for ‘‘Alcohol-Impaired the following amounts for the projects and Driving Countermeasures Grants’’ under 23 NEXT GENERATION HIGH-SPEED RAIL activities listed below: U.S.C. 410, $8,000,000 shall be for the ‘‘State For necessary expenses for the Next Gen- Zinc-air battery bus technology dem- Highway Safety Data Grants’’ under 23 eration High-Speed Rail program as author- onstration, $1,500,000; U.S.C. 411: Provided further, That none of ized under 49 United States Code sections Electric vehicle information sharing and these funds shall be used for construction, 26101 and 26102, $20,500,000, to remain avail- technology transfer program, $1,000,000; rehabilitation, or remodeling costs, or for of- able until expended. Portland, ME independent transportation fice furnishings and fixtures for State, local, ALASKA RAILROAD REHABILITATION network, $500,000; or private buildings or structures: Provided To enable the Secretary of Transportation Wheeling, WV mobility study, $250,000; further, That not to exceed $7,500,000 of the to make grants to the Alaska Railroad, Utah advanced traffic management sys- funds made available for section 402, not to $14,000,000 shall be for capital rehabilitation tem, transit component, $3,000,000; exceed $500,000 of the funds made available and improvements benefiting its passenger Project ACTION, $3,000,000; for section 405, not to exceed $1,750,000 of the operations, to remain available until ex- Trans-Hudson tunnel feasibility study, funds made available for section 410, and not pended. $5,000,000; to exceed $223,000 of the funds made available RHODE ISLAND RAIL DEVELOPMENT Washoe County, NV transit technology, for section 411 shall be available to NHTSA For the costs associated with construction $1,250,000; for administering highway safety grants of a third track on the Northeast Corridor Massachusetts Bay Transit Authority ad- under Chapter 4 of title 23, U.S.C.: Provided between Davisville and Central Falls, Rhode vanced electric transit buses and related in- further, That not to exceed $500,000 of the Island, with sufficient clearance to accom- frastructure, $1,500,000; funds made available for section 410 ‘‘Alco- modate double stack freight cars, $10,000,000 Palm Springs, CA fuel cell buses, $1,500,000; hol-Impaired Driving Countermeasures to be matched by the State of Rhode Island Gloucester, MA intermodal technology Grants’’ shall be available for technical as- or its designee on a dollar-for-dollar basis center, $1,500,000; sistance to the States. and to remain available until expended. Southeastern Pennsylvania Transit Au- FEDERAL RAILROAD ADMINISTRATION CAPITAL GRANTS TO THE NATIONAL RAILROAD thority advanced propulsion control system, SAFETY AND OPERATIONS PASSENGER CORPORATION $3,000,000; and For necessary expenses of the Federal Rail- For necessary expenses of capital improve- Advanced transit systems and electric ve- road Administration, not otherwise provided ments of the National Railroad Passenger hicle program (CALSTART), $1,000,000. S10860 CONGRESSIONAL RECORD — SENATE September 14, 1999

TRUST FUND SHARE OF EXPENSES Armstrong County-Mid-County, PA bus fa- Dothan Wiregrass Transit Authority vehi- (LIQUIDATION OF CONTRACT AUTHORIZATION) cilities and buses, Pennsylvania cles and transit facility, Alabama (HIGHWAY TRUST FUND) Atlanta, MARTA buses, Georgia Dulles Corridor park and ride, Virginia Duluth, Transit Authority community cir- Notwithstanding any other provision of Attleboro intermodal transit facility, Mas- culation vehicles, Minnesota law, for payment of obligations incurred in sachusetts Duluth, Transit Authority intelligent carrying out 49 U.S.C. 5303–5308, 5310–5315, Austin buses, Texas transportation systems, Minnesota 5317(b), 5322, 5327, 5334, 5505, and sections 3037 Babylon Intermodal Center, New York Duluth, Transit Authority Transit Hub, and 3038 of Public Law 105–178, $4,638,000,000, Baldwin Rural Area Transportation Sys- Minnesota to remain available until expended of which tem buses, Alabama Dutchess County, Loop System buses, New $4,638,000,000 shall be derived from the Mass Ballston Metro access improvements, Vir- York Transit Account of the Highway Trust Fund: ginia El Paso Sun Metro buses, Texas Provided, That $2,478,400,000 shall be paid to Bay/Saginaw buses and bus facilities, Elliott Bay Water Taxi ferry purchase, the Federal Transit Administration’s for- Michigan Washington mula grants account: Provided further, That Beaumont Municipal Transit System buses Erie, Metropolitan Transit Authority $86,000,000 shall be paid to the Federal Tran- and bus facilities, Texas buses, Pennsylvania sit Administration’s transit planning and re- Beaver County bus facility, Pennsylvania Escambia County buses and bus facility, search account: Provided further, That Ben Franklin transit buses and bus facili- Alabama $48,000,000 shall be paid to the Federal Tran- ties, Richland, Washington Essex Junction multimodal station reha- sit Administration’s administrative expenses Billings buses and bus facilities, Montana bilitation, Vermont account: Provided further, That $4,800,000 Birmingham intermodal facility, Alabama Everett transit bus replacement, Wash- shall be paid to the Federal Transit Adminis- Birmingham-Jefferson County buses, Ala- ington tration’s university transportation research bama Everett, Multimodal Transportation Cen- account: Provided further, That $60,000,000 Blue Water buses and bus facilities, Michi- ter, Washington shall be paid to the Federal Transit Adminis- gan Fairbanks intermodal rail/bus transfer fa- tration’s job access and reverse commute Boston Government Center transit center, cility, Alaska grants program: Provided further, That Massachusetts Fairfield Transit, Solano County buses, $1,960,800,000 shall be paid to the Federal Boston Logan Airport intermodal transit California Transit Administration’s Capital Investment connector, Massachusetts Fayette County, intermodal facilities and Grants account. Boulder/Denver, RTD buses, Colorado buses, Pennsylvania CAPITAL INVESTMENT GRANTS Brazos Transit Authority buses and bus fa- Fayetteville, University of Arkansas Tran- (INCLUDING TRANSFER OF FUNDS) cilities, Texas sit System buses, Arkansas For necessary expenses to carry out 49 Brea shuttle buses, California Flint buses and bus facilities, Michigan U.S.C. 5308, 5309, 5318, and 5327, $490,200,000, to Bremerton multimodal center—Sinclair’s Florence, University of North Alabama pe- remain available until expended: Provided, Landing, Washington destrian walkways, Alabama That no more than $2,451,000,000 of budget Brigham City and Payson regional park Folsom multimodal facility, California authority shall be available for these pur- and ride lots/transit centers, Utah Fort Dodge, Intermodal Facility (Phase II), poses: Provided further, That there shall be Brockton intermodal transportation cen- Iowa available for fixed guideway modernization, ter, Massachusetts Fort Worth bus and paratransit vehicle $980,400,000; there shall be available for the Buffalo, Auditorium Intermodal Center, project, Texas replacement, rehabilitation, and purchase of New York Fort Worth Transit Authority Corridor Re- buses and related equipment and the con- Burlington ferry terminal improvements, development Program, Texas struction of bus-related facilities, Vermont Franklin County buses and bus facilities, $490,200,000; and there shall be available for Burlington multimodal center, Vermont Missouri new fixed guideway systems $980,400,000: Pro- Cambria County, bus facilities and buses, Fuel cell bus and bus facilities program, vided further, That, within the total funds Pennsylvania Georgetown University, District/Columbia provided for buses and bus-related facilities Cedar Rapids intermodal facility, Iowa Gainesville buses and equipment, Florida to carry out 49 U.S.C. section 5309, the fol- Central Ohio Transit Authority vehicle lo- Galveston buses and bus facilities, Texas lowing projects shall be considered eligible cator system, Ohio Gary, Transit Consortium buses, Indiana for these funds: Provided further, That the Centre Area Transportation Authority Georgia Regional Transportation Author- Administrator of the Federal Transit Admin- buses, Pennsylvania ity buses, Georgia istration shall, not later than 60 days after Chattanooga Southern Regional Alter- Georgia statewide buses and bus-related fa- the enactment of this Act, individually sub- native fuel bus program, Georgia cilities, Georgia mit to the House and Senate Committees on Chester County, Paoli Transportation Cen- Gloucester intermodal transportation cen- Appropriations the recommended grant fund- ter, Pennsylvania ter, Massachusetts ing levels for the respective projects, from Chittenden County Transportation Author- Grand Rapids Area Transit Authority the following projects here listed: ity buses, Vermont downtown transit transfer center, Michigan 2001 Special Olympics Winter Games buses Clallam Transit multimodal center, Greensboro multimodal center, North and facilities, Anchorage, Alaska Sequim, Washington Carolina Adrian buses and bus facilities, Michigan Clark County Regional Transportation Greensboro, Transit Authority buses, Alabama statewide rural bus needs, Ala- Commission buses and bus facilities, Nevada North Carolina bama Cleveland, Triskett Garage bus mainte- Harrison County multimodal center, Mis- Alameda-Contra Costa Transit District nance facility, Ohio sissippi Project, California Clinton transit facility expansion, Iowa Hawaii buses and bus facilities Albany train station/intermodal facility, Colorado buses and bus facilities, Colorado Healdsburg, intermodal facility, California New York Columbia Bus replacement, South Carolina Hillsborough Area Regional Transity Au- Albuquerque SOLAR computerized transit Columbia buses and vans, Missouri thority, Ybor buses and bus facilities, Flor- management system, New Mexico Compton Renaissance Transit System shel- ida Albuquerque Westside transit maintenance ters and facilities, California Honolulu, bus facility and buses, Hawaii facility, New Mexico Corpus Christi Regional Transportation Hot Springs, transportation depot and Albuquerque, buses, paratransit vehicles, Authority buses and bus facilities, Texas plaza, Arkansas and bus facility, New Mexico Corvallis buses and automated passenger Houston buses and bus facilities, Texas Alexandria Union Station transit center, information system, Oregon Huntington Beach buses and bus facilities, Virginia Culver City, CityBus buses, California California Alexandria, bus maintenance facility and Dallas Area Rapid Transit buses, Texas Huntington intermodal facility, West Vir- Crystal City canopy project, Virginia Davis, Unitrans transit maintenance facil- ginia Allegheny County buses, Pennsylvania ity, California Huntsville Airport international inter- Altoona bus testing facility, Pennsylvania Dayton, Multimodal Transportation Cen- modal center, Alabama Altoona, Metro Transit Authority buses ter, Ohio Huntsville Space and Rocket Center inter- and transit system improvements, Pennsyl- Daytona Beach, Intermodal Center, Flor- modal center, Alabama vania ida Huntsville, transit facility, Alabama Ames transit facility expansion, Iowa Deerfield Valley Transit Authority buses, Hyannis intermodal transportation center, Anchorage Ship Creek intermodal facility, Vermont Massachusetts Alaska Denver 16th Street Intermodal Center I–5 Corridor intermodal transit centers, Arkansas Highway and Transit Depart- Denver, Stapleton Intermodal Center, Col- California ment buses, Arkansas orado Illinois statewide buses and bus-related Arkansas state safety and preventative Des Moines transit facilities, Iowa equipment, Illinois maintenace facility, Arkansas Detroit buses and bus facilities, Michigan Indianapolis buses, Indiana September 14, 1999 CONGRESSIONAL RECORD — SENATE S10861 Inglewood Market Street bus facility/LAX Miami Beach multimodal transit center, Pee Dee buses and facilities, South Caro- shuttle service, California Florida lina Iowa City multi-use parking facility and Miami Beach, electric shuttle service, Penn’s Landing ferry vehicles, Pennsyl- transit hub, Iowa Florida vania Iowa statewide buses and bus facilities, Miami-Dade Northeast transit center, Pennsylvania Commonwealth combined Iowa Florida bus and facilities, Pennsylvania Iowa/Illinois Transit Consortium bus safe- Miami-Dade Transit buses, Florida Perris bus maintenance facility, California ty and security, Iowa Michigan State University campus board- Philadelphia, Frankford Transportation Isabella buses and bus facilities, Michigan ing centers, Michigan Center, Pennsylvania Ithaca intermodal transportation center, Michigan statewide buses, Michigan Philadelphia, Intermodal 30th Street Sta- New York Mid-Columbia Council of Governments tion, Pennsylvania Ithaca, TCAT bus technology improve- minivans, Oregon Philadelphia, PHLASH shuttle buses, ments, New York Milwaukee County, buses, Wisconsin Pennsylvania Jackson County buses and bus facilities, Mineola/Hicksville, LIRR intermodal cen- Philadelphia, SEPTA Center City improve- Missouri ters, New York ments, Pennsylvania Jackson J-TRAN buses and facilities, Mis- Missoula buses and bus facilities, Montana Philadelphia, SEPTA Paoli transportation sissippi Missouri statewide bus and bus facilities, center, Pennsylvania Jacksonville buses and bus facilities, Flor- Missouri Philadelphia, SEPTA Girard Avenue inter- ida Mobile buses, Alabama modal transportation centers, Pennsylvania Juneau downtown mass transit facility, Mobile waterfront terminal complex, Ala- Phoenix bus and bus facilities, Arizona Alaska bama Pierce County Transit buses and bus facili- Kalamazoo downtown bus transfer center, Modesto, bus maintenance facility, Cali- ties, Washington Michigan fornia Pittsfield intermodal center, Massachu- Kansas City Area Transit Authority buses Monterey, Monterey-Salinas buses, Cali- setts and Troost transit center, Missouri fornia Kansas Public Transit Association buses Monterey, Monterey-Salinas transit refuel- Port of Corpus Christi ferry infrastructure and bus facilities, Kansas ing facility, California and ferry purchase, Texas Killington-Sherburne satellite bus facility, Montgomery Moulton Street intermodal Port of St. Bernard intermodal facility, Vermont center, Alabama Louisiana King Country Metro King Street Station, Montgomery Union Station intermodal Portland, Tri-Met bus maintenance facil- Washington center and buses, Alabama ity, Oregon King County Metro Atlantic and Central Mount Vernon, buses and bus related fa- Portland, Tri-Met buses, Oregon buses, Washington cilities, Washington Prince William County bus replacement, King County park and ride expansion, Mukilteo multimodal terminal ferry and Virginia Washington transit project, Washington Providence, buses and bus maintenance fa- Lackawanna County Transit System buses, New Castle County buses and bus facilities, cility, Rhode Island Pennsylvania Delaware Reading, BARTA Intermodal Transpor- Lake Tahoe CNG buses, Nevada New Hampshire statewide transit systems, tation Facility, Pennsylvania Lake Tahoe/Tahoe Basin buses and bus fa- New Hampshire Rensselaer intermodal bus facility, New cilities, California New Haven bus facility, Connecticut York Lakeland, Citrus Connection transit vehi- New Jersey Transit alternative fuel buses, Rhode Island Public Transit Authority cles and related equipment, Florida New Jersey buses, Rhode Island Lane County, Bus Rapid Transit, Oregon New Jersey Transit jitney shuttle buses, Richmond, GRTC bus maintenance facil- Lansing, CATA buses, Michigan New Jersey ity, Virginia Las Cruces buses and bus facilities, New New Mexico State University park and ride Riverside Transit Agency buses and facili- Mexico facilities, New Mexico ties, California Las Cruces intermodal transportation New York City Midtown West 38th Street Robinson, Towne Center Intermodal Facil- plaza, New Mexico Ferry Terminal, New York ity, Pennsylvania Las Vegas intermodal transit transfer fa- New York, West 72nd St. Intermodal Sta- Sacramento CNG buses, California cility, Nevada tion, New York Salem Area Mass Ttransit System buses, Las Vegas South Strip intermodal facility, Newark Passaic River bridge and arena pe- Oregon Nevada destrian walkway, New Jersey Salt Lake City hybrid electric vehicle bus Lincoln County Transit District buses, Or- Newark, Morris & Essex Station access and purchase, Utah egon buses, New Jersey Salt Lake City International Airport tran- Lincoln Star Tran bus facility, Nebraska Niagara Frontier Transportation Author- sit parking and transfer center, Utah Little Rock River Market and College Sta- ity buses, New York Salt Lake City Olympics bus facilities, tion transfer facility, Arkansas North Carolina statewide buses and bus fa- Utah Little Rock, Central Arkansas Transit cilities, North Carolina Salt Lake City Olympics regional park and buses, Arkansas North Dakota statewide buses and bus-re- ride lots, Utah Livermore Amador Valley Transit Author- lated facilities, North Dakota Salt Lake City Olympics transit bus loan ity buses, California North San Diego County transit district project, Utah Livermore automatic vehicle locator pro- buses, California San Bernardino buses, California gram, California North Star Borough intermodal facility, San Bernardino County Mountain area Re- Long Island, CNG transit vehicles and fa- Alaska gional Transit Authority fueling stations, cilities and bus replacement, New York Northern New Mexico Transit Express/ California Los Angeles County Metropolitan trans- Park and Ride buses, New Mexico San Diego MTD buses and bus facilities, portation authority buses, California Northstar Corridor, Intermodal Facilities California Los Angeles Foothill Transit buses and bus and buses, Minnesota San Francisco, Islais Creek maintenance facilities, California Norwich buses, Connecticut facility, California Los Angeles Municipal Transit Operators OATS Transit, Missouri San Joaquin buses and bus facilities, Coalition, California Ogden Intermodal Center, Utah Stockton, California Los Angeles, Union Station Gateway Inter- Ohio Public Transit Association buses and San Juan Intermodal access, Puerto Rico modal Transit Center, California bus facilities, Ohio San Marcos Capital Area Rural Transpor- Louisiana statewide buses and bus-related Oklahoma statewide bus facilities and tation System (CARTS) intermodal project, facilities, Louisiana buses, Oklahoma Texas Lowell performing arts center transit Olympic Peninsula International Gateway Sandy buses, Oregon transfer facility, Massachusetts Transportation Center, Washington Santa Barbara Metropolitan Transit dis- Lufkin intermodal center, Texas Omaha Missouri River transit pedestrian trict bus facilities, California Maryland statewide alternative fuel buses, facility, Nebraska Santa Clara Valley Transportation Au- Maryland Ontonagon buses and bus facilities, Michi- thority buses and bus facilities, California Maryland statewide bus facilities and gan Santa Clarita buses, California buses, Maryland Orlando Intermodal Facility, Florida Santa Cruz metropolitan bus facilities, Mason City Region 2 office and mainte- Orlando, Lynx buses and bus facilities, California nance transit facility, Iowa Florida Santa Fe CNG buses, New Mexico Massachusetts Bay Transportation Au- Palm Beach County Palmtran buses, Flor- Santa Fe paratransit/computer systems, thority buses, Massachusetts ida New Mexico Merrimack Valley Regional Transit Au- Palmdale multimodal center, California Santa Marie organization of transpor- thority bus facilities, Massachusetts Park City Intermodal Center, Utah tation helpers minibuses, California S10862 CONGRESSIONAL RECORD — SENATE September 14, 1999 Savannah/Chatham Area transit bus trans- Whittier intermodal facility and pedes- Raleigh-Durham—Research Triangle re- fer centers and buses, Georgia trian overpass, Alaska gional rail; Seattle Sound Transit buses and bus facili- Wilkes-Barre, Intermodal Facility, Penn- Sacramento South Corridor LRT project; ties, Washington sylvania Salt Lake City South LRT Olympics ca- Seattle, intermodal transportation ter- Williamsport bus facility, Pennsylvania pacity improvements; minal, Washington Wisconsin statewide bus facilities and Salt Lake City South LRT project; SMART buses and bus facilities, Michigan buses, Wisconsin Salt Lake City/Airport to University Snohomish County, Community Transit Worcester, Union Station Intermodal (West-East) light rail project; buses, equipment and facilities, Washington Transportation Center, Massachusetts Salt Lake City-Ogden-Provo commuter Solano Links intercity transit OTR bus Yuma paratransit buses, Arizona: rail project; purchase, California Provided further, That within the total funds San Bernardino MetroLink extension Somerset County bus facilities and buses, provided for new fixed guideway systems to project; Pennsylvania carry out 49 U.S.C. section 5309, the fol- San Diego Mid Coast Corridor; South Amboy, Regional Intermodal Trans- lowing projects shall be considered eligible San Diego Mission Valley East LRT exten- portation Initiative, New Jersey for these funds: Provided further, That the sion project; South Bend, Urban Intermodal Transpor- Administrator of the Federal Transit Admin- San Diego Oceanside-Escondido passenger tation Facility, Indiana istration shall, not later than 60 days after rail project; South Carolina statewide bus and bus facil- the enactment of this Act, individually sub- San Francisco BART to Airport extension; San Jose Tasman LRT project; ity. mit to the House and Senate Committees on San Juan—Tren Urbano; South Carolina Virtual Transit Enterprise, Appropriations the recommended grant fund- Seattle Sound Move Link LRT project; South Carolina ing levels for the respective projects. Spokane South Valley Corridor light rail South Dakota statewide bus facilities and The following new fixed guideway systems project; buses, South Dakota and extensions to existing systems are eligi- St. Louis—St. Clair County, Illinois LRT South Metro Area Rapid Transit (SMART) ble to receive funding for final design and project; maintenance facility, Oregon construction: Tacoma-Seattle Sounder commuter rail Southeast Missouri transportation service Alaska or Hawaii ferries; project; rural, elderly, disabled service, Missouri Albuquerque/Greater Albuquerque mass Tampa Bay regional rail system; and the Springfield Metro/VRE pedestrian link, transit project; Twin Cities Transitways Corridors Virginia Atlanta North Line Extension; projects. Springfield, Union Station, Massachusetts Austin Capital Metro Northwest/North The following new fixed guideway systems St. Joseph buses and vans, Missouri Central Corridor project; and extensions to existing systems are eligi- St. Louis, Bi-state Intermodal Center, Mis- Baltimore Central Light Rail double track- ble to receive funding for alternatives anal- souri ing project; ysis and preliminary engineering: St. Louis Bi-state Metro Link buses Boston North-South Rail Link; Atlanta—Lindbergh Station to MARTA Sunset Empire Transit District intermodal Boston Piers Transitway phase 1; West Line feasibility study; transit facility, Oregon Charlotte North-South corridor transitway Atlanta MARTA South DeKalb comprehen- Syracuse CNG buses and facilities, New project; sive transit program; York Chicago Metra commuter rail extensions; Baltimore Central Downtown MIS; Tacoma Dome, buses and bus facilities, Chicago Transit Authority Ravenswood Bergen County, NJ/Cross County light rail Washington and Douglas branch line projects; project; Tennessee statewide buses and bus facili- Cleveland Euclid Corridor; Birmingham, Alabama transit corridor; ties, Tennessee Dallas Area Rapid Transit North Central Boston North Shore Corridor and Blue Texas statewide small urban and rural LRT extension; Line extension to Beverly; buses, Texas Dane County, WI commuter rail project; Boston Urban Ring project; Topeka Transit offstreet transit transfer Denver Southeast Corridor project; Bridgeport Intermodal Corridor project, center, Kansas Denver Southwest LRT project; Connecticut; Towamencin Township, Intermodal Bus Fort Lauderdale Tri-Rail commuter rail Calais, ME Branch Rail Line regional tran- Transportation Center, Pennsylvania project; sit program; Transit Authority of Northern Kentucky Galveston rail trolley extension project; Charleston, SC Monobeam corridor project; (TANK) buses, Kentucky Houston Regional Bus Plan; Cincinnati Northeast/Northern Kentucky Tucson buses, Arizona Lahaina Harbor, Maui ferries; rail line project; Twin Cities area metro transit buses and Las Vegas Corridor/Clark County regional Colorado—Roaring Fork Valley Rail; bus facilities, Minnesota fixed guideway project; Detroit—commuter rail to Detroit metro- Utah Transit Authority buses, Utah Little Rock River Rail project; politan airport feasibility study; Utah Transit Authority, intermodal facili- Long Island Rail Road East Side Access El Paso—Juarez international fixed guide- ties, Utah project; way; Utah Transit Authority/Park City Transit, Los Angeles Metro Rail—MOS 3 and Girdwood, Alaska commuter rail project; buses, Utah Eastside/Mid City corridors; Harrisburg-Lancaster Capitol Area Transit Utica Union Station, New York MARC expansion programs: Silver Spring Corridor 1 commuter rail; Valley bus and bus facilities, Alabama intermodal center and Penn-Camden rail Houston Advanced Transit Program; Vancouver Clark County (SEATRAN) bus connection; Indianapolis Northeast Downtown Corridor facilities, Washington Memphis Area Transit Authority medical project; Washington County intermodal facilities, center extension; Jacksonville fixed guideway corridor; Pennsylvania Miami East-West Corridor project; Johnson County, Kansas I–35 commuter Washington State DOT combined small Miami North 27th Avenue corridor; rail project; transit system buses and bus facilities, New Orleans Airport-CBD commuter rail Kenosha-Racine-Milwaukee rail extension Washington project; project; Washington, D.C. Intermodal Transpor- New Orleans Canal Streetcar Spine; Knoxville to Memphis commuter rail feasi- tation Center, District/Columbia New Orleans Desire Streetcar; bility study; Washoe County transit improvements, Ne- Newark-Elizabeth rail link project; Los Angeles/City of Sepulveda Douglas vada Norfolk-Virginia Beach Corridor project; Street Green Line connection; Waterbury, bus facility, Connecticut Northern New Jersey—Hudson-Bergen LRT Miami Metrorail Palmetto extension; West Falls Church Metro station improve- project; Montpelier-St. Albans, VT commuter rail ments, Virginia Orange County Transitway project; study; West Lafayette bus transfer station/ter- Orlando I–4 Central Florida LRT project; Nashua, NY-Lowell, MA commuter rail minal (Wabash Landing), Indiana Philadelphia Schuykill Valley Metro; project; West Virginia Statewide Intermodal Facil- Phoenix—Central Phoenix/East Valley Cor- New Jersey Trans-Hudson midtown cor- ity and buses, West Virginia ridor; ridor study; Westchester County DOT, articulated Pittsburgh Airborne Shuttle System; New London waterfront access project; buses, New York Pittsburgh North Shore—Central Business New York Second Avenue Subway feasi- Westchester County, Bee-Line transit sys- District corridor; bility study; tem fareboxes, New York Pittsburgh State II light rail project; Northern Indiana South Shore commuter Westchester County, Bee-Line transit sys- Port McKenzie-Ship Creek, AK ferry rail project; tem shuttle buses, New York project; Old Saybrook—Hartford Rail Extension; Westminster senior citizen vans, California Portland Westside-Hillsboro Corridor Philadelphia SEPTA commuter rail, R–3 Westmoreland County, Intermodal Facil- project; connection—Elwyn to Wawa; ity, Pennsylvania Providence-Boston commuter rail; Philadelphia SEPTA Cross County Metro; September 14, 1999 CONGRESSIONAL RECORD — SENATE S10863 Salt Lake City light rail extensions; program, as authorized by 49 U.S.C. 60107, official reception and representation ex- Santa Fe/El Dorado rail link; and to discharge the pipeline program re- penses. Stamford fixed guideway connector; sponsibilities of the Oil Pollution Act of 1990, EMERGENCY FUND Stockton Altamont Commuter Rail; $36,104,000, of which $4,704,000 shall be derived For necessary expenses of the National Virginia Railway Express Woodbridge tran- from the Oil Spill Liability Trust Fund and Transportation Safety Board for accident in- sit access station improvements project; shall remain available until September 30, vestigations, including hire of passenger Washington, D.C. Dulles Corridor exten- 2002; and of which $30,000,000 shall be derived motor vehicles and aircraft; services as au- sion project; from the Pipeline Safety Fund, of which thorized by 5 U.S.C. 3109, but at rates for in- Washington Metro Blue Line extension— $16,500,000 shall remain available until Sep- dividuals not to exceed the per diem rate Addison Road; tember 30, 2001: Provided, That in addition to equivalent to the rate for a GS–15; uniforms, Western Montana regional transportation/ amounts made available for the Pipeline or allowances therefor, as authorized by law commuter rail study; and the Safety Fund, $1,400,000 shall be available for (5 U.S.C. 5901–5902), $1,000,000, to remain Wilsonville to Washington County, OR con- grants to States for the development and es- available until expended. nection to Westside. tablishment of one-call notification systems TITLE III DISCRETIONARY GRANTS and public education activities, and shall be derived from amounts previously collected GENERAL PROVISIONS (LIQUIDATION OF CONTRACT AUTHORIZATION) under 49 U.S.C. 60301. (INCLUDING TRANSFERS OF FUNDS) (HIGHWAY TRUST FUND, MASS TRANSIT EMERGENCY PREPAREDNESS GRANTS SEC. 301. During the current fiscal year ap- ACCOUNT) plicable appropriations to the Department of Notwithstanding any other provision of (EMERGENCY PREPAREDNESS FUND) Transportation shall be available for mainte- law, for payment of previous obligations in- For necessary expenses to carry out 49 nance and operation of aircraft; hire of pas- curred in carrying out 49 U.S.C. 5338(b), U.S.C. 5127(c), $200,000, to be derived from the senger motor vehicles and aircraft; purchase $1,500,000,000, to remain available until ex- Emergency Preparedness Fund, to remain of liability insurance for motor vehicles op- pended and to be derived from the Mass available until September 30, 2002: Provided, erating in foreign countries on official de- Transit Account of the Highway Trust Fund. That none of the funds made available by 49 partment business; and uniforms, or allow- U.S.C. 5116(i) and 5127(d) shall be made avail- JOB ACCESS AND REVERSE COMMUTE GRANTS ances therefor, as authorized by law (5 U.S.C. able for obligation by individuals other than For necessary expenses to carry out sec- 5901–5902). the Secretary of Transportation, or his des- SEC. 302. Such sums as may be necessary tion 3037 of the Federal Transit Act of 1998, ignee. for fiscal year 2000 pay raises for programs $15,000,000, to remain available until ex- funded in this Act shall be absorbed within pended: Provided, That no more than OFFICE OF INSPECTOR GENERAL the levels appropriated in this Act or pre- $75,000,000 of budget authority shall be avail- SALARIES AND EXPENSES vious appropriations Acts. able for these purposes. (INCLUDING TRANSFER OF FUNDS) SEC. 303. Funds appropriated under this SAINT LAWRENCE SEAWAY For necessary expenses of the Office of In- Act for expenditures by the Federal Aviation DEVELOPMENT CORPORATION spector General to carry out the provisions Administration shall be available: (1) except SAINT LAWRENCE SEAWAY DEVELOPMENT of the Inspector General Act of 1978, as as otherwise authorized by title VIII of the CORPORATION amended, $48,000,000, of which $43,000,000 shall Elementary and Secondary Education Act of The Saint Lawrence Seaway Development be derived from transfers of funds from the 1965 (20 U.S.C. 7701 et seq.), for expenses of Corporation is hereby authorized to make United States Coast Guard, the Federal primary and secondary schooling for depend- such expenditures, within the limits of funds Aviation Administration, the Federal High- ents of Federal Aviation Administration per- and borrowing authority available to the way Administration, the Federal Railroad sonnel stationed outside the continental Corporation, and in accord with law, and to Administration, and the Federal Transit Ad- United States at costs for any given area not make such contracts and commitments with- ministration. in excess of those of the Department of De- out regard to fiscal year limitations as pro- SURFACE TRANSPORTATION BOARD fense for the same area, when it is deter- mined by the Secretary that the schools, if vided by section 104 of the Government Cor- SALARIES AND EXPENSES any, available in the locality are unable to poration Control Act, as amended, as may be For necessary expenses of the Surface necessary in carrying out the programs set provide adequately for the education of such Transportation Board, including services au- dependents; and (2) for transportation of said forth in the Corporation’s budget for the cur- thorized by 5 U.S.C. 3109, $15,400,000: Provided, rent fiscal year. dependents between schools serving the area That notwithstanding any other provision of that they attend and their places of resi- OPERATIONS AND MAINTENANCE law, not to exceed $1,600,000 from fees estab- dence when the Secretary, under such regu- (HARBOR MAINTENANCE TRUST FUND) lished by the Chairman of the Surface Trans- lations as may be prescribed, determines For necessary expenses for operations and portation Board shall be credited to this ap- that such schools are not accessible by pub- maintenance of those portions of the Saint propriation as offsetting collections and used lic means of transportation on a regular Lawrence Seaway operated and maintained for necessary and authorized expenses under basis. by the Saint Lawrence Seaway Development this heading: Provided further, That any fees SEC. 304. Appropriations contained in this Corporation, $11,496,000, to be derived from received in excess of $1,600,000 in fiscal year Act for the Department of Transportation the Harbor Maintenance Trust Fund, pursu- 2000 shall remain available until expended, shall be available for services as authorized ant to Public Law 99–662. but shall not be available for obligation until by 5 U.S.C. 3109, but at rates for individuals October 1, 2000. RESEARCH AND SPECIAL PROGRAMS not to exceed the per diem rate equivalent to ADMINISTRATION TITLE II the rate for an Executive Level IV. RELATED AGENCIES SEC. 305. None of the funds in this Act shall RESEARCH AND SPECIAL PROGRAMS be available for salaries and expenses of ARCHITECTURAL AND TRANSPOR- For expenses necessary to discharge the more than 100 political and Presidential ap- TATION BARRIERS COMPLIANCE functions of the Research and Special Pro- pointees in the Department of Transpor- BOARD grams Administration, $30,752,000, of which tation: Provided, That none of the personnel $575,000 shall be derived from the Pipeline SALARIES AND EXPENSES covered by this provision may be assigned on Safety Fund, and of which $3,500,000 shall re- For expenses necessary for the Architec- temporary detail outside the Department of main available until September 30, 2002: Pro- tural and Transportation Barriers Compli- Transportation. vided, That up to $1,200,000 in fees collected ance Board, as authorized by section 502 of SEC. 306. None of the funds in this Act shall under 49 U.S.C. 5108(g) shall be deposited in the Rehabilitation Act of 1973, as amended, be used for the planning or execution of any the general fund of the Treasury as offset- $4,500,000: Provided, That, notwithstanding program to pay the expenses of, or otherwise ting receipts: Provided further, That there any other provision of law, there may be compensate, non-Federal parties intervening may be credited to this appropriation, to be credited to this appropriation funds received in regulatory or adjudicatory proceedings available until expended, funds received from for publications and training expenses. funded in this Act. SEC. 307. None of the funds appropriated in States, counties, municipalities, other public NATIONAL TRANSPORTATION SAFETY this Act shall remain available for obliga- authorities, and private sources for expenses BOARD incurred for training, for reports publication tion beyond the current fiscal year, nor may and dissemination, and for travel expenses SALARIES AND EXPENSES any be transferred to other appropriations, incurred in performance of hazardous mate- For necessary expenses of the National unless expressly so provided herein. rials exemptions and approvals functions. Transportation Safety Board, including hire SEC. 308. The Secretary of Transportation PIPELINE SAFETY of passenger motor vehicles and aircraft; may enter into grants, cooperative agree- services as authorized by 5 U.S.C. 3109, but at ments, and other transactions with any per- (PIPELINE SAFETY FUND) rates for individuals not to exceed the per son, agency, or instrumentality of the (OIL SPILL LIABILITY TRUST FUND) diem rate equivalent to the rate for a GS–15; United States, any unit of State or local gov- For expenses necessary to conduct the uniforms, or allowances therefor, as author- ernment, any educational institution, and functions of the pipeline safety program, for ized by law (5 U.S.C. 5901–5902), $51,500,000, of any other entity in execution of the Tech- grants-in-aid to carry out a pipeline safety which not to exceed $2,000 may be used for nology Reinvestment Project authorized S10864 CONGRESSIONAL RECORD — SENATE September 14, 1999 under the Defense Conversion, Reinvestment under paragraphs (4) and (5) for Federal-aid (f) SPECIAL RULE.—Obligation limitation and Transition Assistance Act of 1992 and re- highways and highway safety construction distributed for a fiscal year under subsection lated legislation: Provided, That the author- programs (other than the minimum guar- (a)(4) for a section set forth in subsection ity provided in this section may be exercised antee program, but only to the extent that (a)(4) shall remain available until used for without regard to section 3324 of title 31, amounts apportioned for the minimum guar- obligation of funds for such section and shall United States Code. antee program for such fiscal year exceed be in addition to the amount of any limita- SEC. 309. The expenditure of any appropria- $2,639,000,000, and the Appalachian develop- tion imposed on obligations for Federal-aid tion under this Act for any consulting serv- ment highway system program) that are ap- highway and highway safety construction ice through procurement contract pursuant portioned by the Secretary under title 23, programs for future fiscal years. to section 3109 of title 5, United States Code, United States Code, in the ratio that— SEC. 311. The limitations on obligations for shall be limited to those contracts where (A) sums authorized to be appropriated for the programs of the Federal Transit Admin- such expenditures are a matter of public such programs that are apportioned to each istration shall not apply to any authority record and available for public inspection, State for such fiscal year, bear to under 49 U.S.C. 5338, previously made avail- except where otherwise provided under exist- (B) the total of the sums authorized to be able for obligation, or to any other authority ing law, or under existing Executive order appropriated for such programs that are ap- previously made available for obligation. issued pursuant to existing law. portioned to all States for such fiscal year. SEC. 312. None of the funds in this Act shall SEC. 310. (a) For fiscal year 2000, the Sec- (b) EXCEPTIONS FROM OBLIGATION LIMITA- be used to implement section 404 of title 23, retary of Transportation shall— TION.—The obligation limitation for Federal- United States Code. (1) not distribute from the obligation limi- aid Highways shall not apply to obligations SEC. 313. None of the funds in this Act shall tation for Federal-aid Highways amounts au- (1) under section 125 of title 23, United States be available to plan, finalize, or implement thorized for administrative expenses and pro- Code; (2) under section 147 of the Surface regulations that would establish a vessel grams funded from the administrative take- Transportation Assistance Act of 1978; (3) traffic safety fairway less than five miles down authorized by section 104(a) of title 23, under section 9 of the Federal-Aid Highway wide between the Santa Barbara Traffic Sep- United States Code, and amounts authorized Act of 1981; (4) under sections 131(b) and 131(j) aration Scheme and the San Francisco Traf- for the highway use tax evasion program and of the Surface Transportation Assistance fic Separation Scheme. the Bureau of Transportation Statistics. SEC. 314. Notwithstanding any other provi- Act of 1982; (5) under sections 149(b) and (2) not distribute an amount from the obli- sion of law, airports may transfer, without 149(c) of the Surface Transportation and Uni- gation limitation for Federal-aid Highways consideration, to the Federal Aviation Ad- form Relocation Assistance Act of 1987; (6) that is equal to the unobligated balance of ministration (FAA) instrument landing sys- under section 1103 through 1108 of the Inter- amounts made available from the Highway tems (along with associated approach light- modal Surface Transportation Efficiency Act Trust Fund (other than the Mass Transit Ac- ing equipment and runway visual range of 1991; (7) under section 157 of title 23, count) for Federal-aid highways and highway equipment) which conform to FAA design United States Code, as in effect on the day safety programs for the previous fiscal year and performance specifications, the purchase before the date of enactment of the Trans- of which was assisted by a Federal airport- the funds for which are allocated by the Sec- portation Equity Act for the 21st Century; aid program, airport development aid pro- retary; and (8) under section 105 of title 23, United gram or airport improvement program grant. (3) determine the ratio that— States Code (but, only in an amount equal to The FAA shall accept such equipment, which (A) the obligation limitation for Federal- $639,000,000 for such fiscal year). aid Highways less the aggregate of amounts (c) REDISTRIBUTION OF UNUSED OBLIGATION shall thereafter be operated and maintained not distributed under paragraphs (1) and (2), AUTHORITY.—Notwithstanding subsection (a), by the FAA in accordance with agency cri- bears to the Secretary shall after August 1 for such teria. SEC. 315. None of the funds in this Act shall (B) the total of the sums authorized to be fiscal year revise a distribution of the obli- be available to award a multiyear contract appropriated for Federal-aid highways and gation limitation made available under sub- for production end items that: (1) includes highway safety construction programs (other section (a) if a State will not obligate the economic order quantity or long lead time than sums authorized to be appropriated for amount distributed during that fiscal year material procurement in excess of $10,000,000 sections set forth in paragraphs (1) through and redistribute sufficient amounts to those in any one year of the contract; (2) includes (7) of subsection (b) and sums authorized to States able to obligate amounts in addition a cancellation charge greater than $10,000,000 be appropriated for section 105 of title 23, to those previously distributed during that which at the time of obligation has not been United States Code, equal to the amount re- fiscal year giving priority to those States appropriated to the limits of the Govern- ferred to in subsection (b)(8)) for such fiscal having large unobligated balances of funds ment’s liability; or (3) includes a require- year less the aggregate of the amounts not apportioned under sections 104 and 144 of ment that permits performance under the distributed under paragraph (1) of this sub- title 23, United States Code, section 160 (as contract during the second and subsequent section; in effect on the day before the enactment of years of the contract without conditioning (4) distribute the obligation limitation for the Transportation Equity Act for the 21st such performance upon the appropriation of Federal-aid Highways less the aggregate Century) of title 23, United States Code, and amounts not distributed under paragraphs funds: Provided, That this limitation does under section 1015 of the Intermodal Surface not apply to a contract in which the Federal (1) and (2) for section 117 of title 23, United Transportation Act of 1991 (105 Stat. 1943– States Code (relating to high priority Government incurs no financial liability 1945). from not buying additional systems, sub- projects program), section 201 of the Appa- (d) APPLICABILITY OF OBLIGATION LIMITA- systems, or components beyond the basic lachian Regional Development Act of 1965, TIONS TO TRANSPORTATION RESEARCH PRO- contract requirements. the Woodrow Wilson Memorial Bridge Au- GRAMS.—The obligation limitation shall SEC. 316. (a) No part of any appropriation thority Act of 1995, and $2,000,000,000 for such apply to transportation research programs contained in this Act shall be used, other fiscal year under section 105 of the Transpor- carried out under chapters 3 and 5 of title 23, than for normal and recognized executive- tation Equity Act for the 21st Century (re- United States Code, except that obligation legislative relationships, for publicity or lating to minimum guarantee) so that the authority made available for such programs propaganda purposes, for the preparation, amount of obligation authority available for under such limitation shall remain available distribution, or use of any kit, pamphlet, each of such sections is equal to the amount for a period of 3 fiscal years. booklet, publication, radio, television, or determined by multiplying the ratio deter- (e) REDISTRIBUTION OF CERTAIN AUTHORIZED video presentation designed to support or de- mined under paragraph (3) by the sums au- FUNDS.—Not later than 30 days after the date feat legislation pending before the Congress thorized to be appropriated for such section of the distribution of obligation limitation or any State legislature, except in presen- (except in the case of section 105, under subsection (a), the Secretary shall dis- tation to the Congress or any State legisla- $2,000,000,000) for such fiscal year; tribute to the States any funds (1) that are ture itself. (5) distribute the obligation limitation pro- authorized to be appropriated for such fiscal (b) No part of any appropriation contained vided for Federal-aid Highways less the ag- year for Federal-aid highways programs in this Act shall be used to pay the salary or gregate amounts not distributed under para- (other than the program under section 160 of expenses of any grant or contract recipient, graphs (1) and (2) and amounts distributed title 23, United States Code) and for carrying or agent acting for such recipient, related to under paragraph (4) for each of the programs out subchapter I of chapter 311 of title 49, any activity designed to influence legisla- that are allocated by the Secretary under United States Code, and chapter 4 of title 23, tion or appropriations pending before the title 23, United States Code (other than ac- United States Code, and (2) that the Sec- Congress or any State legislature. tivities to which paragraph (1) applies and retary determines will not be allocated to SEC. 317. Notwithstanding any other provi- programs to which paragraph (4) applies) by the States, and will not be available for obli- sion of law, and except for fixed guideway multiplying the ratio determined under gation, in such fiscal year due to the imposi- modernization projects, funds made avail- paragraph (3) by the sums authorized to be tion of any obligation limitation for such fis- able by this Act under ‘‘Federal Transit Ad- appropriated for such program for such fiscal cal year. Such distribution to the States ministration, Capital investment grants’’ for year; and shall be made in the same ratio as the dis- projects specified in this Act or identified in (6) distribute the obligation limitation pro- tribution of obligation authority under sub- reports accompanying this Act not obligated vided for Federal-aid Highways less the ag- section (a)(6). The funds so distributed shall by September 30, 2002, and other recoveries, gregate amounts not distributed under para- be available for any purposes described in shall be made available for other projects graphs (1) and (2) and amounts distributed section 133(b) of title 23, United States Code. under 49 U.S.C. 5309. September 14, 1999 CONGRESSIONAL RECORD — SENATE S10865

SEC. 318. Notwithstanding any other provi- apply to advisory committees established for regulation issued under section 41705 of title sion of law, any funds appropriated before the purpose of conducting negotiated rule- 49, United States Code, including any regula- October 1, 1999, under any section of chapter making in accordance with the Negotiated tion contained in part 382 of title 14, Code of 53 of title 49, United States Code, that re- Rulemaking Act, 5 U.S.C. 561–570a, or the Federal Regulations, or any other provision main available for expenditure may be trans- Coast Guard’s advisory council on roles and of law (including any Act of Congress, regu- ferred to and administered under the most missions. lation, or Executive order or any official recent appropriation heading for any such SEC. 325. No funds other than those appro- guidance or correspondence thereto), that re- section. priated to the Surface Transportation Board quires or encourages an air carrier (as that SEC. 319. Funds provided in this Act for the or fees collected by the Board shall be used term is defined in section 40102 of title 49, Transportation Administrative Service Cen- for conducting the activities of the Board. United States Code) to, on intrastate or ter (TASC) shall be reduced by $60,000,000, SEC. 326. Hereafter, notwithstanding any interstate air transportation (as those terms which limits fiscal year 2000 TASC other provision of law, receipts, in amounts are defined in section 40102 of title 49, United obligational authority for elements of the determined by the Secretary, collected from States Code)— Department of Transportation funded in this users of fitness centers operated by or for the (1) provide a peanut-free buffer zone or any Act to no more than $169,953,000: Provided, Department of Transportation shall be avail- other related peanut-restricted area; or That such reductions from the budget re- able to support the operation and mainte- (2) restrict the distribution of peanuts, quest shall be allocated by the Department nance of those facilities. until 90 days after submission to the Con- of Transportation to each appropriations ac- SEC. 327. Capital Investment grants funds gress and the Secretary of a peer-reviewed count in proportion to the amount included made available in this Act and in Public Law scientific study that determines that there in each account for the Transportation Ad- 105–277 and in Public Law 105–66 and its ac- are severe reactions by passengers to pea- ministrative Service Center. companying conference report for the nuts as a result of contact with very small SEC. 320. Funds received by the Federal Charleston, South Carolina Monobeam cor- airborne peanut particles of the kind that Highway Administration, Federal Transit ridor project shall be used to fund any aspect passengers might encounter in an aircraft. Administration, and Federal Railroad Ad- of the Charleston, South Carolina Monobeam SEC. 334. For purposes of funding in this ministration from States, counties, munici- corridor project. Act for the Salt Lake City/Airport to Univer- palities, other public authorities, and private SEC. 328. Hereafter, notwithstanding 49 sity (West-East) light rail project, the non- sources for expenses incurred for training U.S.C. 41742, no essential air service sub- governmental share for these funds shall be determined in accordance with Section may be credited respectively to the Federal sidies shall be provided to communities in 3030(c)(2)(B)(ii) of the Transportation Equity Highway Administration’s Federal aid-high- the 48 contiguous States that are located Act for the 21st Century, as amended (Public way account, the Federal Transit Adminis- fewer than 70 highway miles from the near- Law 105–178). tration’s ‘‘Transit Planning and Research’’ est large or medium hub airport, or that re- SEC. 335. Section 5309(g)(1)(B) of title 49, quire a rate of subsidy per passenger in ex- account, and to the Federal Railroad Admin- United States Code, is amended by inserting cess of $200 unless such point is greater than istration’s ‘‘Safety and Operations’’ account, after ‘‘Committee on Banking, Housing, and 210 miles from the nearest large or medium except for State rail safety inspectors par- Urban Affairs of the Senate’’ the following: hub airport. ticipating in training pursuant to 49 U.S.C. ‘‘and the House and Senate Committees on SEC. 329. Rebates, refunds, incentive pay- 20105. Appropriations’’. EC ments, minor fees and other funds received S . 321. Notwithstanding any other provi- SEC. 336. Section 1212(g) of the Transpor- sion of law, no state shall receive more than by the Department from travel management tation Equity Act for the 21st Century (Pub- 12.5 percent of the total budget resources centers, charge card programs, the sub- lic Law 105–178), as amended, is amended— made available by this Act to carry out 49 leasing of building space, and miscellaneous (1) in the subsection heading, by inserting U.S.C. 5307, 5309, 5310 and 5311: Provided, That sources are to be credited to appropriations ‘‘and New Jersey’’ after ‘‘Minnesota’’; and for purposes of this calculation the Federal of the Department and allocated to elements (2) by inserting ‘‘or the State of New Jer- Transit Administration shall include the ap- of the Department using fair and equitable sey’’ after ‘‘Minnesota’’. propriate state distribution of the funding criteria and such funds shall be available SEC. 337. The Secretary of Transportation provided to urbanized areas: Provided further, until December 31, 2000. shall execute a demonstration program, to That the amounts recovered from such re- SEC. 330. Notwithstanding any other provi- be conducted for a period not to exceed ductions shall be distributed equally: Pro- sion of law, rule or regulation, the Secretary eighteen months, of the ‘‘fractional owner- vided further, That such reductions and in- of Transportation is authorized to allow the ship’’ concept in performing administrative creases shall be made only to the formula ap- issuer of any preferred stock heretofore sold support flight missions, the purpose of which portionments. to the Department to redeem or repurchase would be to determine whether cost savings, SEC. 322. Section 3021 of Public Law 105–178 such stock upon the payment to the Depart- as well as increased operational flexibility is amended— ment of an amount determined by the Sec- and aircraft availability, can be realized (1) in subsection (a)— retary. through the use by the government of the (a) in the first sentence, by striking ‘‘sin- SEC. 331. For necessary expenses of the Am- commercial fractional ownership concept or gle-State’’; trak Reform Council authorized under sec- report to the Committee the reason for not (b) in the second sentence, by striking tion 203 of Public Law 105–134, $950,000, to re- conducting such an evaluation: Provided, ‘‘Any’’ and all that follows through ‘‘United main available until September 30, 2001: Pro- That the Secretary shall ensure the competi- States Code’’ and inserting ‘‘The funds made vided, That the duties of the Amtrak Reform tive selection for this demonstration of a available to the State of Oklahoma and the Council described in section 203(g)(1) of Pub- fractional ownership concept which provides State of Vermont to carry out sections 5307 lic Law 105–134 shall include the identifica- a suite of aircraft capable of meeting the De- and 5311 of title 49, United States Code and tion of Amtrak routes which are candidates partment’s varied needs, and that the Sec- sections 133 and 149 of title 23, United States for closure or realignment, based on perform- retary shall ensure the demonstration pro- Code’’; and ance rankings developed by Amtrak which gram encompasses a significant and rep- (2) by adding at the end of section 3021, the incorporate information on each route’s resentative portion of the Department’s ad- following new subsection (c)— fully allocated costs and ridership on core ministrative support missions (to include ‘‘(c) GRANT REQUIREMENTS.—Notwith- intercity passenger service, and which as- those performed by the Coast Guard, the standing any other provision of law, the Am- sume, for purposes of closure or realignment Federal Aviation Administration, and the trak employees employed in the railroad candidate identification, that federal sub- National Aeronautics and Space Administra- passenger service authorized by this section sidies for Amtrak will decline over the 4- tion, whose aircraft are currently operated shall be afforded the same labor protections year period from fiscal year 1999 to fiscal by the FAA): Provided further, That the Sec- afforded other Amtrak employees under the year 2002: Provided further, That these clo- retary shall report to the House and Senate terms of their employment contracts.’’. sure or realignment recommendations shall Committees on Appropriations on results of SEC. 323. Notwithstanding 31 U.S.C. 3302, be included in the Amtrak Reform Council’s this evaluation of the fractional ownership funds received by the Bureau of Transpor- annual report to the Congress required by concept in the performance of the adminis- tation Statistics from the sale of data prod- section 203(h) of Public Law 105–134. trative support mission no later than twen- ucts, for necessary expenses incurred pursu- SEC. 332. The Secretary of Transportation ty-four months after final passage of this ant to 49 U.S.C. 111 may be credited to the is authorized to transfer funds appropriated Act or within 60 days of enactment of this Federal-aid highways account for the pur- for any office of the Office of the Secretary Act if the Secretary decides not to conduct pose of reimbursing the Bureau for such ex- to any other office of the Office of the Sec- such a demonstration for evaluation includ- penses: Provided, That such funds shall be retary: Provided, That no appropriation shall ing an explanation for such a decision. subject to the obligation limitation for Fed- be increased or decreased by more than 12 SEC. 338. (a) REQUIREMENT TO CONVEY.—The eral-aid highways and highway safety con- per centum by all such transfers: Provided Commandant of the Coast Guard shall con- struction. further, That any such transfer shall be sub- vey, without consideration, to the Univer- SEC. 324. Not to exceed $1,000,000 of the mitted for approval to the House and Senate sity of New Hampshire (in this section re- funds provided in this Act for the Depart- Committees on Appropriations. ferred to as the ‘‘University’’) all right, title, ment of Transportation shall be available for SEC. 333. None of the Funds made avail- and interest of the United States in and to a the necessary expenses of advisory commit- able under this Act or any other Act, may be parcel of real property (including any im- tees: Provided, That this limitation shall not used to implement, carry out, or enforce any provements thereon) located in New Castle, S10866 CONGRESSIONAL RECORD — SENATE September 14, 1999 New Hampshire, consisting of approximately (c) LAW ENFORCEMENT.—Subsection (a) Mr. COVERDELL (for himself and five acres and including a pier. does not apply to a law enforcement agency Mr. CLELAND) submitted an amend- (b) IDENTIFICATION OF PROPERTY.—The in any case in which the application of that ment intended to be proposed by them Commandant shall determine, identify, and subsection would hinder the ability of that to the bill, H.R. 2084, supra; as follows: describe the property to be conveyed under law enforcement agency, acting in accord- this section. ance with applicable law, to gain access to a On page 91, between lines 9 and 10, insert (c) EASEMENTS, RIGHTS-OF-WAY, AND driver’s license or photograph of an indi- the following: RIGHTS.—(1) The Commandant shall, in con- vidual. SEC. 3ll. NOISE BARRIERS, GEORGIA. nection with the conveyance required by SEC. 340. Notwithstanding any other provi- (a) USE OF APPORTIONED FUNDS.—Notwith- subsection (a), grant to the University such sion of law, from funds provided in the Act, standing any other provision of law, the Sec- easements and rights-of-way as the Com- $10,000,000 shall be made available for com- retary of Transportation shall approve the mandant considers necessary to permit ac- pletion of the National Advanced Driving use of funds apportioned under paragraphs cess to the property conveyed under that Simulator (NADS). (1) and (3) of section 104(b) of title 23, United subsection. SEC. 341. Notwithstanding any other provi- States Code, for construction of Type II (2) The Commandant shall, in connection sion of law, section 1107(b) of Public Law 102– with such conveyance, reserve in favor of the noise barriers at the locations identified in 240 is amended by striking ‘‘Construction of United States such easements and rights as section 1215(h) and item 967 of the table con- a replacement bridge at Watervale Bridge the Commandant considers necessary to pro- tained in section 1602 of the Transportation #63, Harford County, MD’’ and inserting in tect the interests of the United States, in- Equity Act for the 21st Century (112 Stat. lieu thereof the following: ‘‘For improve- cluding easements or rights regarding access 211, 292). to property and utilities. ments to Bottom Road Bridge, Vinegar Hill (b) AMENDMENT OF THE TRANSPORTATION (d) CONDITIONS OF CONVEYANCE.—The con- Road Bridge and Southampton Road Bridge, EQUITY ACT FOR THE 21ST CENTURY.—The veyance required by subsection (a) shall be Harford County, MD’’. Transportation Equity Act for the 21st Cen- subject to the following conditions: This Act may be cited as the ‘‘Department tury is amended— (1) That the University not convey, assign, of Transportation and Related Agencies Ap- (1) in section 1215(h) (112 Stat. 211), by exchange, or encumber the property con- propriations Act, 2000’’. striking ‘‘west side’’ and inserting ‘‘east and veyed, or any part thereof, unless such con- west sides’’; and veyance, assignment, exchange, or WYDEN (AND OTHERS) (2) in item 967 of the table contained in sec- encumbrance— AMENDMENTS NOS. 1625–1626 tion 1602 (112 Stat. 292), by striking ‘‘west side’’ and inserting ‘‘east and west sides’’. (A) is made without consideration; or Mr. WYDEN (for himself and Mr. (B) is otherwise approved by the Com- mandant. LAUTENBERG, and Mr. SHELBY) proposed f (2) That the University not interfere or two amendments to the bill, H.R. 2084, allow interference in any manner with the supra; as follows: DEPARTMENT OF THE INTERIOR maintenance or operation of Coast Guard AMENDMENT NO. 1625 AND RELATED AGENCIES APPRO- Station Portsmouth Harbor, New Hampshire, On page 65, line 22, before the period at the PRIATIONS ACT, 2000 without the express written permission of end of the line, insert the following: ‘‘: Pro- the Commandant. vided, That the funds made available under (3) That the University use the property this heading shall be used to investigate pur- DORGAN AMENDMENT NO. 1628 for educational, research, or other public suant to section 41712 of title 49, United purposes. States Code, relating to unfair or deceptive Mr. BYRD (for Mr. DORGAN) proposed (e) MAINTENANCE OF PROPERTY.—The Uni- practices and unfair methods of competition an amendment to the bill (H.R. 2466) versity, or any subsequent owner of the prop- by air carriers, foreign air carriers, and tick- making appropriations for the Depart- erty conveyed under subsection (a) pursuant et agents: Provided further, That, for pur- to a conveyance, assignment, or exchange re- ment of the Interior and related agen- poses of the preceding proviso, the terms ‘un- cies for the fiscal year ending Sep- ferred to in subsection (d)(1), shall maintain fair or deceptive practices’ and ‘unfair meth- the property in a proper, substantial, and ods of competition’ include the failure to dis- tember 30, 2000, and for other purposes; workmanlike manner, and in accordance close to a passenger or a ticket agent wheth- as follows: with any conditions established by the Com- er the flight on which the passenger is On page 132, between lines 20 and 21, insert mandant, pursuant to the National Historic ticketed or has requested to purchase a tick- the following: Preservation Act of 1966 (16 U.S.C. 470 et et is overbooked, unless the Secretary cer- ll seq.), and other applicable laws. SEC. 3 . NATIONAL FOREST-DEPENDENT tifies such disclosure by a carrier is RURAL COMMUNITIES ECONOMIC (f) REVERSIONARY INTEREST.—All right, DIVERSIFICATION. title, and interest in and to the property technolgically infeasible’’. conveyed under this section (including any (a) FINDINGS AND PURPOSES.—Section 2373 AMENDMENT NO. 1626 improvements thereon) shall revert to the of the National Forest-Dependent Rural United States, and the United States shall On page 65, line 22, before the period at the Communities Economic Diversification Act have the right of immediate entry thereon, end of the line, insert the following: ‘‘: Pro- of 1990 (7 U.S.C. 6611) is amended— if— vided, That the funds made available under (1) in subsection (a)— (1) the property, or any part thereof, ceases this heading shall be used (1) to investigate (A) in paragraph (2), by striking ‘‘national to be used for educational, research, or other pursuant to section 41712 of title 49, United forests’’ and inserting ‘‘National Forest Sys- public purposes by the University; States Code, relating to unfair or deceptive tem land’’; (2) the University conveys, assigns, ex- practices and unfair methods of competition (B) in paragraph (4), by striking ‘‘the na- changes, or encumbers the property con- by air carriers and foreign air carriers, (2) for tional forests’’ and inserting ‘‘National For- veyed, or part thereof, for consideration or monitoring by the Inspector General of the est System land’’; without the approval of the Commandant; compliance of air carriers and foreign car- (C) in paragraph (5), by striking ‘‘forest re- (3) the Commandant notifies the owner of riers with respect to paragraph (1) of this sources’’ and inserting ‘‘natural resources’’; the property that the property is needed the proviso, and (3) for the submission to the ap- and national security purposes and a period of 30 propriate committees of Congress by the In- (D) in paragraph (6), by striking ‘‘national days elapses after such notice; or spector General, not later than July 15, 2000, forest resources’’ and inserting ‘‘National (4) any other term or condition established of a report on the extent to which actual or Forest System land resources’’; and by the Commandant under this section with potential barriers exist to consumer access (2) in subsection (b)(1)— respect to the property is violated. to comparative price and service information (A) by striking ‘‘national forests’’ and in- SEC. 339. (a) PROHIBITION.—Except as pro- from independent sources on the purchase of serting ‘‘National Forest System land’’; and vided in subsection (c), no recipient of funds passenger air transportation: Provided fur- (B) by striking ‘‘forest resources’’ and in- made available under this Act may sell, or ther, That, for purposes of the preceding pro- serting ‘‘natural resources’’. otherwise provide to another person or enti- viso, the terms ‘unfair or deceptive prac- (b) DEFINITIONS.—Section 2374(1) of the Na- ty, personal information (as defined in 18 tices’ and ‘unfair methods of competition’ tional Forest-Dependent Rural Communities U.S.C. Section 2725(3)) contained in a driver’s mean the offering for sale to the public for Economic Diversification Act of 1990 (7 license, or in any motor vehicle record (as any route, class, and time of service through U.S.C. 6612(1)) is amended by striking ‘‘for- defined in 18 U.S.C. Section 2725(1)) without any technology or means of communication estry’’ and inserting ‘‘natural resources’’. the express written consent of the individual a fare that is different than that offered (c) RURAL FORESTRY AND ECONOMIC DIVER- to whom the information pertains. through other technology or means of com- SIFICATION ACTION TEAMS.—Section 2375(b) of (b) CONSENT.—No recipient of funds made munication’’. the National Forest-Dependent Rural Com- available under this Act may condition or munities Economic Diversification Act of burden in any way the issuance of a motor COVERDELL (AND CLELAND) 1990 (7 U.S.C. 6613(b)) is amended— vehicle record (as defined in 19 U.S.C. Sec- (1) in the first sentence, by striking ‘‘for- tion 2725(1)) upon the receipt of consent de- AMENDMENT NO. 1627 estry’’ and inserting ‘‘natural resources’’; scribed in subsection (a). (Ordered to lie on the table.) and September 14, 1999 CONGRESSIONAL RECORD — SENATE S10867 (2) in the second and third sentences, by cluding the offered lands held in escrow, REID AMENDMENT NOS. 1632–1633 striking ‘‘national forest resources’’ and in- shall be equalized as provided in section serting ‘‘National Forest System land re- 605(c) except that the Secretary also may Mr. BYRD (for Mr. REID) proposed sources’’. equalize values through the following, in- two amendments to the bill, H.R. 2466, (d) ACTION PLAN IMPLEMENTATION.—Section cluding any combination thereof: supra; as follows: 2376(a) of the National Forest-Dependent (1) conveyance of any other lands under AMENDMENT NO. 1632 Rural Communities Economic Diversifica- the jurisdiction of the Secretary acceptable At the end of title I, insert the following: tion Act of 1990 (7 U.S.C. 6614(a)) is to Plum Creek and the Secretary after com- amended— pliance with all applicable Federal environ- SECTION 1. CONVEYANCE TO NYE COUNTY, NE- (1) by striking ‘‘forest resources’’ and in- mental and other laws; and VADA. serting ‘‘natural resources’’; and (2) to the extent sufficient acceptable lands (a) DEFINITIONS.—In this section: (2) by striking ‘‘national forest resources’’ are not available pursuant to paragraph (1) (1) COUNTY.—The term ‘‘County’’ means and inserting ‘‘National Forest System land of this subsection, cash payments as and to Nye County, Nevada. resources’’. the extent funds become available through (2) SECRETARY.—The term ‘‘Secretary’’ (e) TRAINING AND EDUCATION.—Paragraphs appropriations, private sources, or, if nec- means the Secretary of the Interior, acting (3) and (4) of section 2377(a) of the National essary, by reprogramming. through the Director of the Bureau of Land Management. Forest-Dependent Rural Communities Eco- (e) The Secretary shall promptly seek to (b) PARCELS CONVEYED FOR USE OF THE NE- nomic Diversification Act of 1990 (7 U.S.C. identify lands acceptable for conveyance to VADA SCIENCE AND TECHNOLOGY CENTER.— 6615(a)) are amended by striking ‘‘national equalize values under paragraph (1) of sub- (1) IN GENERAL.—For no consideration and forest resources’’ and inserting ‘‘National section (d) and shall, not later than May 1, at no other cost to the County, the Secretary Forest System land resources’’. 2000, provide a report to Congress outlining (f) LOANS TO ECONOMICALLY DISADVAN- shall convey to the County, subject to valid the results of such efforts. TAGED RURAL COMMUNITIES.—Paragraphs (2) existing rights, all right, title, and interest (f) As funds or lands are provided to Plum and (3) of section 2378(a) of the National For- in and to the parcels of public land described Creek by the Secretary; Plum Creek shall re- est-Dependent Rural Communities Economic in paragraph (2). lease to the United States deeds for lands Diversification Act of 1990 (7 U.S.C. 6616(a)) (2) LAND DESCRIPTION.—The parcels of pub- and interests in land held in escrow based on are amended by striking ‘‘national forest re- lic land referred to in paragraph (1) are the the values determined during the Appraisal sources’’ and inserting ‘‘National Forest Sys- following: process in the context of the whole estate to tem land resources’’. (A) The portion of Sec. 13 north of United be conveyed. Deeds shall be released for States Route 95, T. 15 S. R. 49 E, Mount Dia- lands and interests in lands in the exact re- blo Meridian, Nevada. GORTON AMENDMENTS NOS. 1629– verse order listed in section 605(c)(2). 1630 (B) In Sec. 18, T. 15 S., R. 50 E., Mount Dia- (g) Section 606(d) is hereby amended to blo Meridian, Nevada: read as follows: ‘‘the Secretary and Plum Mr. GORTON proposed two amend- (i) W 1⁄2 W 1⁄2 NW 1⁄4. Creek shall make the adjustments directed ments to the bill, H.R. 2466, supra; as (ii) The portion of the W 1⁄2 W 1⁄2 SW 1⁄4 follows: in section 604(b) and consummate the land north of United States Route 95. exchange within 30 days of enactment of the AMENDMENT NO. 1629 (3) USE.— Interstate 90 Land Exchange Amendment, (A) IN GENERAL.—The parcels described in On page 14, line 6, strike ‘‘(22 U.S.C. aa–1)’’ unless the Secretary and Plum Creek mutu- and insert ‘‘(22 U.S.C. 2799aa–1)’’. paragraph (2) shall be used for the construc- ally agree to extend the consummation tion and operation of the Nevada Science and date.’’ AMENDMENT NO. 1630 Technology Center as a nonprofit museum SEC. . THE SNOQUALMIE NATIONAL FOREST and exposition center, and related facilities Insert at the end of Title III in H.R. 2466: BOUNDARY ADJUSTMENT ACT OF and activities. SEC. . INTERSTATE 90 LAND EXCHANGE. 1999. (B) REVERSION.—The conveyance of any (a) Section 604(a) of the Interstate 90 Land (a) IN GENERAL.—The boundary of the parcel described in paragraph (2) shall be Exchange Act of 1998, 105 Pub. L. 277, 12 Stat. Snoqualmie National Forest is hereby ad- subject to reversion to the United States, at 2681–326 (1998) is hereby amended by adding justed as generally depicted on a map enti- the discretion of Secretary, if the parcel is at the end of the first sentence: ‘‘except title tled ‘‘Snoqualmie National Forest 1999 used for a purpose other than that specified to offered lands and interests in lands de- Boundary Adjustment’’ dated June 30, 1999. in subparagraph (A). scribed in section 605(c)(2)(Q, R, S, and T) Such map, together with a legal description (b) PARCELS CONVEYED FOR OTHER USE FOR must be placed in escrow by Plum Creek, ac- of all lands included in the boundary adjust- A COMMERCIAL PURPOSE.— cording to terms and conditions acceptable ment, shall be on file and available for public (1) RIGHT TO PURCHASE.—For a period of 5 to the Secretary and Plum Creek, for a three inspection in the office of the Chief of the years beginning on the date of enactment of year period beginning on the later of the Forest Service in Washington, District of Co- this Act, the County shall have the exclusive date of enactment of this Act or consumma- lumbia. Nothing in this subsection shall right to purchase the parcels of public land tion of the exchange. During the period the limit the authority of the Secretary of Agri- described in paragraph (2) for the fair market lands are held in escrow, Plum Creek shall culture to adjust the boundary pursuant to value of the parcels, as determined by the not undertake any activities on these lands, section 11 of the Weeks Law of March 1, 1911. Secretary. except for fire suppression and road mainte- (b) RULE FOR LAND AND WATER CONSERVA- (2) LAND DESCRIPTION.—The parcels of pub- nance, without the approval of the Sec- TION FUND.—For the purposes of section 7 of lic land referred to in paragraph (1) are the retary, which shall not be unreasonably the Land and Water Conservation Fund Act following parcels in Sec. 18, T. 15 S., R. 50 E., withheld.’’ of 1965 (16 U.S.C. 4601–9), the boundary of the Mount Diablo Meridian, Nevada: (b) Section 604(b) of the Interstate 90 Land Snoqualmie National Forest, as adjusted by (A) E 1⁄2 NW 1⁄4. Exchange Act of 1998, 105 Pub. Law 277, 12 this subsection (a), shall be considered to be (B)E 1⁄2 W 1⁄2 NW 1⁄4. Stat. 2681–326 (1998), is hereby amended by in- the boundary of the Forest as of January 1, (C) The portion of the E 1⁄2 SW 1⁄4 north of serting after the words ‘‘offered land’’ the 1965. United States Route 95. following: ‘‘as provided in section 604(a), and (D) The portion of the E 1⁄2 W 1⁄2 SW 1⁄4 placement in escrow of acceptable title to north of United States Route 95. the offered lands described in section (E) The portion of the SE 1⁄4 north of 605(c)(2) (Q, R, S, and T).’’ KYL AMENDMENT NO. 1631 United States Route 95. (c) Section 604(b) is further amended by Mr. GORTON (for Mr. KYL) proposed (3) USE OF PROCEEDS.—Proceeds of a sale of adding the following at the end of the first an amendment to the bill, H.R. 2466, a parcel described in paragraph (2)— sentence: ‘‘except Township 19 North, Range (A) shall be deposited in the special ac- 10 East, W.M., Section 4, Township 20 North, supra; as follows: count established under section 4(e)(1)(C) of Range 10 East, W.M., Section 32, and Town- On page 33, line 18, after the period, insert the Southern Nevada Public Land Manage- ship 21 North, Range 14 East, W.M., W1⁄2W1⁄2 the following: ‘‘Funds made available under ment Act of 1998 (112 Stat. 2345); and of Section 16, which shall be retained by the this Act may be used to fund a Bureau-fund- (B) shall be available for use by the United States.’’ The appraisal approved by ed school (as that term is defined in section Secretary— the Secretary of Agriculture on July 14, 1999 1146 of the Education Amendments of 1978 (25 (i) to reimburse costs incurred by the local (the ‘‘Appraisal’’) shall be adjusted by sub- U.S.C. 2026)) that shares a campus with a offices of the Bureau of Land Management in tracting the values determined for Township school that offers expanded grades and that arranging the land conveyances directed by 19 North, Range 10 East, W.M., Section 4 and is not a Bureau-funded school, if the jointly this Act; and Township 20 North, Range 10 East, W.M., incurred costs of both schools are appor- (ii) as provided in section 4(e)(3) of that Section 32 during the Appraisal process in tioned between the 2 programs of the schools Act (112 Stat. 2346). the context of the whole estate to be con- in such manner as to ensure that the ex- veyed. panded grades are funded solely from funds (d) After adjustment of the Appraisal, the that are not made available through the Bu- AMENDMENT NO. 1633 values of the offered and selected lands, in- reau.’’. At the end of title I, insert the following: S10868 CONGRESSIONAL RECORD — SENATE September 14, 1999 SEC. ll. CONVEYANCE OF LAND TO CITY OF up to 2,560 acres of public land to be selected and Wildlife Service from responsible par- MESQUITE, NEVADA. by the city from among the parcels of land ties, heretofore and through fiscal year 2000, Section 3 of Public Law 99–548 (100 Stat. described in paragraph (2). for site-specific damages to National Wildlife 3061; 110 Stat. 3009–202) is amended by adding ‘‘(2) LAND DESCRIPTION.—The parcels of Refugee System lands resulting from the ex- at the end the following: land referred to in paragraph (1) are as fol- ercise of privately-owned oil and gas rights ‘‘(e) FIFTH AREA.— lows: associated with such lands in the States of ‘‘(1) RIGHT TO PURCHASE.—For a period of 12 ‘‘(A) In T. 13 S., R. 69 E., Mount Diablo Me- Louisiana and Texas (other than damages re- years after the date of enactment of this ridian, Nevada: coverable under the Comprehensive Environ- Act, the city of Mesquite, Nevada, shall have ‘‘(i) The portion of sec. 28 south of Inter- mental Response, Compensation and Liabil- the exclusive right to purchase the parcels of state Route 15 (except S 1⁄2 SE 1⁄4). ity Act (26 U.S.C. 4611 et seq.), the Oil Pollu- public land described in paragraph (2). ‘‘(ii) The portion of sec. 29 south of Inter- tion Act (33 U.S.C. 1301 et seq.), or section 311 ‘‘(2) LAND DESCRIPTION.—The parcels of state Route 15. of the Clean Water Act (33 U.S.C. 1321 et public land referred to in paragraph (1) are as ‘‘(iii) The portion of sec. 30 south of Inter- seq.)), shall be available to the Secretary, follows: state Route 15. without further appropriation and until ex- ‘‘(A) In T. 13 S., R. 70 E., Mount Diablo Me- ‘‘(iv) The portion of sec. 31 south of Inter- pended to (1) complete damage assessments ridian, Nevada: state Route 15. of the impacted site by the Secretary; (2) ‘‘(i) The portion of sec. 27 north of Inter- ‘‘(v) Sec. 32. mitigate or restore the damaged resources; state Route 15. ‘‘(vi) Sec. 33: W 1⁄2. and (3) monitor and study the recovery of ‘‘(ii) Sec. 28: NE 1⁄4, S 1⁄2 (except the Inter- state Route 15 right-of-way). ‘‘(B) In T. 14 S., R. 69 E., Mount Diablo Me- such damaged resources’’. ridian, Nevada: ‘‘(iii) Sec. 29: E 1⁄2 NE 1⁄4 SE 1⁄4, SE 1⁄4 SE 1⁄4. ‘‘(iv) The portion of sec. 30 south of Inter- ‘‘(i) Sec. 4. GORTON (AND OTHERS) state Route 15. ‘‘(ii) Sec. 5. AMENDMENT NO. 1637 ‘‘(v) The portion of sec. 31 south of Inter- ‘‘(iii) Sec. 6. state Route 15. ‘‘(iv) Sec. 8. Mr. GORTON (for himself, Mr. LEVIN, ‘‘(C) In T. 14 S., R. 68 E., Mount Diablo Me- E INE ‘‘(vi) Sec. 32: NE 1⁄4 NE 1⁄4 (except the Inter- and Mr. D W ), proposed an amend- state Route 15 right-of-way), the portion of ridian, Nevada: ment to the bill, H.R. 2466, supra; as ‘‘(i) Sec. 1. NW 1⁄4 NE 1⁄4 south of Interstate Route 15, follows: ‘‘(ii) Sec. 12. and the portion of W 1⁄2 south of Interstate On page 10, line 15, strike ‘‘$683,519,000’’ and Route 15. ‘‘(3) WITHDRAWAL.—Subject to valid exist- ing rights, until the date that is 12 years insert ‘‘$684,019,000’’. ‘‘(vii) The portion of sec. 33 north of Inter- On page 10, line 16, after ‘‘herein,’’ insert state Route 15. after the date of enactment of this sub- section, the parcels of public land described the following: ‘‘of which $400,000 shall be ‘‘(B) In T. 14 S., R. 70 E., Mount Diablo Me- available for grants under the Great Lakes ridian, Nevada: in paragraph (2) are withdrawn from all forms of entry and appropriation under the Fish and Wildlife Restoration Program, and ‘‘(i) Sec. 5: NW 1⁄4. public land laws, including the mining laws, of which $300,000 shall be available for ‘‘(ii) Sec. 6: N 1⁄2. and from operation of the mineral leasing spartina grass research being conducted by ‘‘(C) In T. 13 S., R. 69 E., Mount Diablo Me- the University of Washington, and’’. ridian, Nevada: and geothermal leasing laws.’’. ‘‘(i) The portion of sec. 25 south of Inter- state Route 15. LUGAR AMENDMENT NO. 1634 JEFFORDS AMENDMENT NO. 1638 ‘‘(ii) The portion of sec. 26 south of Inter- Mr. GORTON (for Mr. LUGAR) pro- Mr. GORTON (for Mr. JEFFORDS) pro- state Route 15. posed an amendment to the bill, H.R. posed an amendment to the bill, H.R. ‘‘(iii) The portion of sec. 27 south of Inter- 2466, supra; as follows: state Route 15. 2466, supra; as follows: On page 78, line 16, strike ‘‘$682,817,000’’ and ‘‘(iv) Sec. 28: SW 1⁄4 SE 1⁄4. At the end of Title III, insert the following: insert ‘‘684,817,000’’. ‘‘(v) Sec. 33: E 1⁄2. SEC. . Section 1770(d) of the Food Security ‘‘(vi) Sec. 34. Act of 1985 (7 U.S.C.. 2276(d)) is amended by On page 78, line 19, strike ‘‘$166,000,000’’ and ‘‘(vii) Sec. 35. redesignating paragraph (10) as paragraph insert ‘‘$168,000,000.’’ ‘‘(viii) Sec. 36. (11) and by inserting after paragraph (9) the On page 78, line 24, strike ‘‘$133,000,000’’ and insert ‘‘$135,000,000.’’ ‘‘(3) NOTIFICATION.—Not later than 10 years following new paragraph: after the date of enactment of this sub- ‘‘(10) section 3(e) of the Forest and Range- section, the city shall notify the Secretary land Renewable Resources Research Act of CRAPO (AND OTHERS) which of the parcels of public land described 1978 (16 U.S.C. 1642(e));’’. AMENDMENT NO. 1639 in paragraph (2) the city intends to purchase. Mr. GORTON (for Mr. CRAPO (for ‘‘(4) CONVEYANCE.—Not later than 1 year MURKOWSKI (AND OTHERS) himself, Mr. BURNS, Mr. BAUCUS, and after receiving notification from the city AMENDMENT NO. 1635 under paragraph (3), the Secretary shall con- Mr. CRAIG)) proposed an amendment to vey to the city the land selected for pur- Mr. GORTON (for Mr. MURKOWSKI the bill, H.R. 2466, supra; as follows: chase. (for himself, Mr. BINGAMAN, and Mr. On page 10, line 16, after ‘‘herein,’’ insert ‘‘(5) WITHDRAWAL.—Subject to valid exist- COCHRAN)) proposed an amendment to ‘‘of which $500,000 of the amount available ing rights, until the date that is 12 years the bill, H.R. 2466, supra; as follows: for consultation shall be available for devel- after the date of enactment of this sub- Insert at the end of Title III the following opment of a voluntary-enrollment habitat section, the parcels of public land described new section: conservation plan for cold water fish in co- in paragraph (2) are withdrawn from all ‘‘SEC. . None of the funds appropriated or operation with the States of Idaho and Mon- forms of entry and appropriation under the otherwise made available by this Act may be tana (of which $250,000 shall be made avail- public land laws, including the mining laws, used to implement or enforce any provision able to each of the States of Idaho and Mon- and from operation of the mineral leasing in Presidential Executive Order 13123 regard- tana), and’’. and geothermal leasing laws. ing the Federal Energy Management Pro- ‘‘(6) USE OF PROCEEDS.—The proceeds of the gram which circumvents or contradicts any BINGAMAN AMENDMENTS NOS. sale of each parcel— statutes relevant to Federal energy use and 1640–1641 ‘‘(A) shall be deposited in the special ac- the measurement thereof, including, but not count established under section 4(e)(1)(C) of limited to, the existing statutory mandate Mr. BYRD (for Mr. BINGAMAN) pro- the Southern Nevada Public Land Manage- that life-cycle cost effective measures be un- posed two amendments to the bill, H.R. ment Act of 1998 (112 Stat. 2345); and dertaken at federal facilities to save energy 2466, supra; as follows: ‘‘(B) shall be available for use by the and reduce the operational expenditures of AMENDMENT NO. 1640 Secretary— the government.’’. ‘‘(i) to reimburse costs incurred by the On page 27, line 22, strike ‘‘$1,631,996,000’’ local offices of the Bureau of Land and insert ‘‘$1,632,596,000’’. Managment in arranging the land convey- BREAUX (AND LANDRIEU) On page 29, line 10, after ‘‘2002’’ insert ‘‘: ances directed by this Act; and AMENDMENT NO. 1636 Provided further, That from amounts appro- ‘‘(ii) as provided in section 4(e)(3) of that Mr. BYRD (for Mr. BREAUX (for him- priated under this heading $5,422,000 shall be Act (112 Stat. 2346). made available to the Southwestern Indian self and Ms. LANDRIEU)) proposed an ‘‘(f) SIXTH AREA.— Polytechnic Institute and that from ‘‘(1) IN GENERAL.—Not later than 1 year amendment to the bill, H.R. 2466, amounts appropriated under this heading after the date of enactment of this sub- supra; as follows: $8,611,000 shall be made available to Haskell section, the Secretary shall convey to the On page 12, line 12, before the final period, Indian Nations University’’. city of Mesquite, Nevada, in accordance with insert the following: ‘‘: Provided further, That On page 62, between lines 3 and 4, insert section 47125 of title 49, United States Code, all funds received by the United States Fish the following: September 14, 1999 CONGRESSIONAL RECORD — SENATE S10869

SEC. . BIA POST SECONDARY SCHOOLS FUND- BOXER, Mr. ROTH, Mr. DODD, Ms. of Indian Affairs in Fiscal Year 2000 for the ING FORMULA. LANDRIEU, Mr. CHAFEE, Mr. SESSIONS, benefit of the Walker River Paiute Tribe, in (a) IN GENERAL.—Any funds appropriated Mrs. LINCOLN, Mr. LEAHY, Mr. KERRY, recognition of the negative effects on the for Bureau of Indian Affairs Operations for Tribe associated with delay in modification Mr. FEINGOLD, Mr. FRIST, Mr. GRAHAM, Central Office Operations for Post Secondary of Weber Dam, for an analysis of the feasi- Schools for any fiscal year that exceed the Ms. COLLINS, Mr. SMITH of New Hamp- bility of establishing a Tribally-operated amount appropriated for the schools for fis- shire, Mr. GREGG, Mr. MOYNIHAN, Mr. Lahontan cutthroat trout hatchery on the cal year 2000 shall be allocated among the WARNER, Mr. BAYH, Mr. MCCAIN, Mr. Walker River as it flows through the Walker schools proportionate to the unmet need of AKAKA, and Mrs. FEINSTEIN) proposed River Indian Reservation: Provided, That for the schools as determined by the Post Sec- an amendment to the bill, H.R. 2466, the purposes of this section: (i) $100,000 shall ondary Funding Formula adopted by the Of- supra; as follows: be transferred from the $250,000 allocated for fice of Indian Education Programs and the the U.S. Geological Survey, Water Resources On page 18, line 19 strike ‘‘program.’’ and schools on May 13, 1999. Investigations, Truckee River Water Quality insert ‘‘program, and in addition $20,000,000 (b) APPLICABILITY.—This section shall Settlement Agreement; (ii) $50,000 shall be shall be available to provide financial assist- apply for fiscal year 2000 and each succeeding transferred from the $150,000 allocated for ance to States and shall be derived from the fiscal year. the U.S. Geological Survey, Water Resources Land and Water Conservation Fund. Investigations, Las Vegas Wash endocrine AMENDMENT NO. 1641 disruption study; and (iii) $175,000 shall be At the appropriate place, insert the fol- STEVENS AMENDMENT NO. 1644 transferred from the funds allocated for the lowing new section: Mr. GORTON (for Mr. STEVENS) pro- Bureau of Land Management, Wildland Fire SEC. . YOUTH CONSERVATION CORPS AND RE- Management.’’ LATED PARTNERSHIPS. posed an amendment to the bill, H.R. (a) Notwithstanding any other provision of 2466, supra; as follows: STEVENS AMENDMENT NO. 1649 this Act, there shall be available for high On page 17, line 19, strike ‘‘$221,093,000’’ and priority projects which shall be carried out insert in lieu thereof ‘‘$216,153,000’’. Mr. GORTON (for Mr. STEVENS) pro- by the Youth Conservation Corps as author- On page 82, line 13, strike ‘‘$2,135,561,000’’ posed an amendment to the bill, H.R. ized by Public Law 91–378, or related partner- and insert in lieu thereof ‘‘$2,138,001,000’’. 2466, supra; as follows: ships with non-Federal youth conservation On page 90, line 3, strike ‘‘$364,562,000’’ and On page 76, line 12 of the bill, insert the corps or entities such as the Student Con- insert in lieu thereof ‘‘$367,062,000’’. servation Association, in order to increase following before the paragraph beginning the number of summer jobs available for with the word ‘‘Of’’: ‘‘From any unobligated youth, ages 15 through 22, on Federal lands: BINGAMAN AMENDMENT NO. 1645 balances available at the start of fiscal year 2000, the amount of $11,550,000 shall be allo- (3) $4,000,000 of the funds available to the Mr. BYRD (for Mr. BINGAMAN) pro- cated to the Alaska Region, in addition to Forest Service under this Act; and posed an amendment to the bill, H.R. (4) * * * of the funds available to the Bu- the funds appropriated to sell timber in the reau of Land Management under this Act. 2466, supra; as follows: Alaska Region under this Act, for expenses (b) Within six months after the date of en- On page 78, line 17, insert after the comma directly related to preparing sufficient addi- actment of this Act, the Secretary of Agri- ‘‘of which $1.6 million shall be for grants to tional timber for sale in the Alaska Region culture and the Secretary of the Interior municipal governments for cost-shared re- to establish a three year timber supply.’’ shall jointly submit a report to the House search projects in buildings, municipal proc- and Senate Committees on Appropriations esses, transportation and sustainable urban LOTT AMENDMENT NO. 1650 and the Committee on Energy and Natural energy systems, and’’. Resources of the Senate and the Committee Mr. GORTON (for Mr. LOTT) proposed on Resources of the House of Representatives BYRD AMENDMENT NO. 1646 an amendment to the bill, H.R. 2466, that includes the following: supra; as follows: (i) the number of youth, ages 15 through 22, Mr. BYRD proposed an amendment On page 17, line 22, before the colon, insert employed during the summer of 1999, and the to the bill, H.R. 2466, supra; as follows: the following: ‘‘, and of which not less than number estimated to be employed during the On page 17, line 22, strike ‘‘$4,000,000’’ and $1,000,000 shall be available, subject to an Act summer of 2000, through the Youth Conserva- insert ‘‘$5,000,000.’’ of authorization, to conduct a feasibility tion Corps, the Public Land Corps, or a re- study on the preservation of certain Civil lated partnership with a State, local, or non- GORTON AMENDMENT NO. 1647 War battlefields along the Vicksburg Cam- profit youth conservation corps or other en- paign Trail, and’’. tity such as the Student Conservation Asso- Mr. GORTON proposed an amend- ciation; ment to the bill, H.R. 2466, supra; as GRAMS (AND WELLSTONE) (ii) a description of the different types of follows: work accomplished by youth during the sum- AMENDMENT NO. 1651 On page 63, line 6, strike the period and in- mer of 1999; Mr. GORTON (for Mr. GRAMS (for (iii) identification of any problems that sert in lieu thereof the following: ‘‘: Provided, prevent or limit the use of the Youth Con- That of the amount provided under this himself and Mr. WELLSTONE)) proposed servation Corps, the Public Land Corps, or heading, $750,000 shall be used for a supple- an amendment to the bill, H.R. 2466, related partnerships to accomplish projects mental environmental impact statement for supra; as follows: described in subsection (a); the Forest Service/Weyerhaeuser At the end of Title I, insert the following: (iv) recommendations to improve the use Huckleberry land exchange, which shall be SEC. II. Notwithstanding any other provi- and effectiveness of partnerships described in completed by September 30, 2000.’’ sion of law, in conveying the Twin Cities Re- subsection (a); and search Center under the authority provided (v) an analysis of the maintenance backlog REID AMENDMENT NO. 1648 by Public Law 104–14, as amended by Public that identifies the types of projects that the Law 104–208, the Secretary may accept and Youth Conservation Corps, the Public Land Mr. BYRD (for Mr. REID) proposed an retain land and other forms of reimburse- Corps, or related partnerships are qualified amendment to the bill, H.R. 2466, ment: Provided, That the Secretary may re- to complete. supra; as follows: tain and use any such reimbursement until Starting on page 60, line 20 and continuing expended and without further appropriation: ABRAHAM (AND OTHERS) through page 62, line 3, strike SEC. 129 in its (1) for the benefit of the National Wildlife AMENDMENT NO. 1642 entirety and insert Refuge System within the State of Min- nesota; and (2) for all activities authorized Mr. GORTON (for Mr. ABRAHAM (for ‘‘SEC. 129. WALKER RIVER BASIN. $200,000 is appropriated to the U.S. Fish and Wildlife by Public Law 100–696, U.S.C., 460 zz. himself, Mr. HATCH, Mr. THOMAS, Mr. Service in FY 2000 to be used through a con- GRAMS, Mr. CRAIG, Mr. MURKOWSKI, Mr. tract or memorandum of understanding with KERREY AMENDMENT NO. 1652 REID, and Mr. DORGAN)) proposed an the Bureau of Reclamation, for: (1) the inves- amendment to the bill, H.R. 2466, tigation of alternatives, and if appropriate, Mr. BYRD (for Mr. Kerrey) proposed supra; as follows: the implementation of one or more of the al- an amendment to the bill, H.R. 2466, On page 5, line 13, strike ‘‘$130,000,000,’’ and ternatives, to the modification of Weber supra; as follows: insert ‘‘$135,000,000’’. Dam on the Walker River Paiute Reserva- On page 13, line 9, after the word ‘‘ex- tion in Nevada; (2) an evaluation of the feasi- pended’’ include: ‘‘of which to exceed MURKOWSKI (AND OTHERS) bility and effectiveness of the installation of $1,000,000 shall be available to the Boyer AMENDMENT NO. 1643 a fish ladder at Weber Dam; and (3) an eval- Chute National Wildlife Refuge for land ac- uation of opportunities for Lahontan Cut- quisition.’’ Mr. GORTON (for Mr. MURKOWSKI throat Trout restoration in the Walker River On page 13, line 8; strike ‘‘$55,244,000’’ and (for himself, Mr. LAUTENBERG, Mrs. Basin. $125,000 is appropriated to the Bureau insert ‘‘56,244,000’’. S10870 CONGRESSIONAL RECORD — SENATE September 14, 1999 BOND AMENDMENT NO. 1653 September 14, 1999, in open session, to which is scheduled to begin imme- Mr. GORTON (for Mr. BOND) proposed receive testimony concerning the sink- diately after the full committee hear- an amendment to the bill, H.R. 2466, ing of the U.S.S. Indianapolis and the ing. The purpose of this hearing is to supra; as follows: subsequent court-martial of Rear Ad- receive testimony on S. 1051, a bill to miral Charles B. McVay III, USN. amend the Energy Policy and Con- On page 17, line 22 insert before the colon the following: ‘‘, of which $500,000 shall be The PRESIDING OFFICER. Without servation Act to manage the Strategic available for the Wilson’s Creek National objection, it is so ordered. Petroleum Reserve more effectively, Battlefield,’’. COMMITTEE ON ENERGY AND NATURAL and for other purposes. RESOURCES The PRESIDING OFFICER. Without HOLLINGS AMENDMENT NO. 1654 Mr. COVERDELL. Mr. President, I objection, it is so ordered. ask unanimous consent that the Com- SUBCOMMITTEE ON WESTERN HEMISPHERE, Mr. BYRD (for Mr. HOLLINGS) pro- mittee on Energy and Natural Re- PEACE CORPS, NARCOTICS AND TERRORISM posed an amendment to the bill, H.R. sources be granted permission to meet Mr. COVERDELL. Mr. President, I 2466, supra; as follows: during the session of the Senate on ask unanimous consent that the Sub- On page 18, line 19 before the period insert Tuesday, September 14, for purposes of committee on Western Hemisphere, the following: ‘‘and of which $200,000 shall be conducting a full committee hearing Peace Corps, Narcotics and Terrorism available for the acquisition of lands at Fort of the Committee on Foreign Relations Sumter National Monument’’. which is scheduled to begin at 9:30 a.m. The purpose of this hearing is to re- be authorized to meet during the ses- ceive testimony on S. 1052, the North- sion of the Senate on Tuesday, Sep- ABRAHAM AMENDMENT NO. 1655 ern Marianas Island Covenant Imple- tember 14, 1999, at 9:00 am to hold a Mr. GORTON (for Mr. ABRAHAM) pro- mentation Act. hearing. posed an amendment to the bill, H.R. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without 2466, supra; as follows: objection, it is so ordered. objection, it is so ordered. f On page 10, line 16, after ‘‘herein,’’ insert COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘of which $150,000 shall be available to AND PENSIONS ADDITIONAL STATEMENTS Michigan State University toward creation Mr. COVERDELL. Mr. President, I of a community development database, and’’. ask unanimous consent that the Com- mittee on Health, Education, Labor, MURRAY B. LIGHT, EDITOR OF WARNER AMENDMENT NO. 1656 and Pensions be authorized to meet for THE BUFFALO NEWS Mr. GORTON (for Mr. WARNER) pro- a hearing on ‘‘Education Readiness’’ ∑ Mr. MOYNIHAN. Mr. President, Mur- posed an amendment to the bill, H.R. during the session of the Senate on ray B. Light will end his career in jour- 2466, supra; as follows: Tuesday, September 14, 1999, at 10:00 nalism on September 19th, the 50th an- On page 24, at the end of line 10 insert the a.m. niversary of his first day at The Buf- following before the comma: ‘‘Provided fur- The PRESIDING OFFICER. Without falo News. Throughout his long and ther, That not to exceed $198,000 shall be objection, it is so ordered. outstanding tenure at The News, he has available to carry out the requirements of COMMITTEE ON THE JUDICIARY had a profound influence on Buffalo Section 215(b)(2) of the Water Resources De- Mr. COVERDELL. Mr. President, the and Western New York. He will be velopment Act of 1999’’. Committee on the Judiciary requests greatly missed. unanimous consent to conduct a hear- Murray and I have been friends for GORTON AMENDMENT NO 1657 ing on Tuesday, September 14, 1999 be- many years. On one occasion, during Mr. GORTON proposed an amend- ginning at 10:00 a.m. in Room 226 Dirk- my first term, Murray was kind enough ment to the bill, H.R. 2466, supra; as sen. to loan me his typewriter. I have a follows: The PRESIDING OFFICER. Without photo using it. They have long since At the end of Title III of the bill, add the objection, it is so ordered. switched to computers at The News, following: COMMITTEE ON THE JUDICIARY but I have yet to abandon my type- SEC. . Each amount of budget authority Mr. COVERDELL. Mr. President. The writer. As The Buffalo News Editor, Murray for the fiscal year ending September 30, 2000, Committee on the Judiciary requests provided in this Act for payments not re- B. Light has had an honored career. unanimous consent to conduct a hear- quired by law, is hereby reduced by .34 per- Stanford Lipsey, The News President ing on Tuesday, September 14, 1999 be- cent: Provided, That such reductions shall be and Publisher, said ‘‘The responsibility ginning at 2:00 p.m. in Room 226 Dirk- applied ratably to each account, program, of editing a daily metropolitan news- sen. activity, and project provided for in this paper is enormous. It involves critical Act.’’ The PRESIDING OFFICER. Without and complex decisions made against objection, it is so ordered. f stressful deadlines. Murray Light never COMMITTEE ON SMALL BUSINESS NOTICE OF HEARING faltered in his courage, principles or Mr. COVERDELL. Mr. President, I judgment. He has left his mark on this SUBCOMMITTEE ON PUBLIC HEALTH ask unanimous consent that the Com- newspaper and the entire community. Mr. JEFFORDS. Mr. President, I mittee on Small Business be authorized It has been both stimulating and satis- would like to announce for information to meet during the session of the Sen- fying to have worked with him these of the Senate and the public that a ate for a hearing entitled ‘‘Slotting: past 20 years.’’ hearing of the Subcommittee on Public Fair for Small Business & Consumers?’’ I have long admired Murray’s aggres- Health, Senate Committee on Health, The hearing will be held on Tuesday, sive editorial style. Nearly 20 years Education, Labor, and Pensions will be September 14, 1999, beginning at 9:30 ago, I said that The Buffalo News and held on Thursday, September 16, 1999, a.m. in room 608 of the Dirksen Senate The Courier Express ‘‘succeeded in 10:00 a.m., in SD–430 of the Senate Office Building. making a not so simple point to the Dirksen Building. The subject of the The PRESIDING OFFICER. Without Congress of the United States: The hearing is Children’s Health. For fur- objection, it is so ordered. leaking of hazardous chemicals at the ther information, please call the com- SUBCOMMITTEE ON ENERGY RESEARCH, Love Canal in Niagara Falls was not an mittee, 202/224–5375. DEVELOPMENT, PRODUCTION, AND REGULATION isolated event but indeed the ominous f Mr. COVERDELL. Mr. President I warning of a national epidemic.’’ This ask unanimous consent that the Sub- couldn’t have been more right. They AUTHORITY FOR COMMITTEES TO committee on Energy Research, Devel- made the case for immediate passage of MEET opment, Production, and Regulation of the Superfund Bill in 1980 and many COMMITTEE ON ARMED SERVICES the Committee on Energy and Natural more since then. Mr. COVERDELL. Mr. President, I Resources be granted permission to As I was often a guest of The Buffalo ask unanimous consent that the Com- meet during the session of the Senate News at the annual Gridiron dinner, I mittee on Armed Services be author- on Tuesday, September 14, for purposes had many opportunities to speak with ized to meet at 9:30 a.m. on Tuesday, of conducting a subcommittee hearing, Murray about our common concern of September 14, 1999 CONGRESSIONAL RECORD — SENATE S10871 preserving Buffalo’s architecture and critical and complex decisions made against was hired by the legendary editor of The historic buildings. Murray made efforts stressful deadlines. Murray Light never fal- News, Alfred H. Kirchhofer, a man whom to secure funding for the Darwin Mar- tered in his courage, principles or judgment. Light quotes to this day with the degree of ‘‘He has left his mark on this newspaper tin House. He also made outstanding respect and loyalty he has expected from his and the entire community. It has been both employees. Light worked as a copy editor, contributions to save Louis Sullivan’s stimulating and satisfying to have worked assistant city editor, assistant news editor, marvelous Guaranty Building, surely with him these past 20 years.’’ swing editor, makeup editor and news editor the world’s first skyscraper, and to the Light’s newsroom leadership began in 1969, before being named managing editor for renovation of Kleinhans Music Hall. the day this feisty young news editor was news in June 1969. My Buffalo office is in the Guaranty named managing editor for news. Since then, In October 1979, Light was named editor he set both the tone of the newspaper and and vice president, and in 1983, he was named Building. Saving it from destruction is the news agenda for the community. one of my greatest achievements as a senior vice president. During the past 30 years, Light has been on Light recalls that in 1977, when investor senator. a first-name basis with governors, senators, Warren E. Buffett purchased The News, the Murray is a patriot having served in congressmen, state legislative leaders, may- amiable billionaire from Omaha, Neb., told the Army in World War II as part of ors, county executives and anyone else who Light he would never interfere in newsroom the Pacific force. Thanks to the assist- might have, or wanted to have, an influence operations. ance of the GI Bill of Rights, he did on Buffalo and Western New York. ‘‘And to this day, he has lived up to that Light’s three all-consuming concerns have pledge one hundred percent,’’ Light said. graduate work at Medill School of been The Buffalo News, which he recently de- Journalism at Northwestern Univer- Among his memorabilia of 50 years is a scribed to one colleague as ‘‘my life,’’ the carefully folded letter Light received from sity and earned a master’s degree in City of Buffalo, his adopted hometown, and the chairman of The Buffalo News just prior 1949. He also was a member of the State his newsroom staff with whom he agonized to Light’s 70th birthday. Judicial Screening Committee for the over the paper’s failures as much as he Buffett wrote: ‘‘From both a professional Fourth Department and the State Fair gloried in its many triumphs. and a personal standpoint, you are the per- Among those triumphs were the launching fect person to be editor of The Buffalo News. Trial Free Press Conference. At the re- of the Sunday News, which he describes as I’ve always considered myself very lucky in quest of Gov. Mario Cuomo, he served ‘‘the most exhilarating challenge of my en- having you there when I arrived in 1977.’’ on the New York State Temporary tire career’’; the creation of the popular During Light’s watch as managing editor Commission on Constitutional Revi- weekly entertainment section Gusto; and the and editor, he saw the transformation of development of the Sunrise Edition, which sion in 1994. American newsrooms from manual type- made The News one of the nation’s all-day A native of Brooklyn and a graduate writers to word processors, and in the mid- of Brooklyn college, Murray came to newspapers. Light has been comfortable taking part in 80s, when many of his younger colleagues Buffalo in 1949 as a reporter. While at every aspect of the newspaper, whether it be were balking at giving up their typewriters The Buffalo News, he worked as a copy his daily attendance at the Editorial Board for computers, Light insisted that he be editor, assistant city editor, assistant meetings, where the newspaper’s editorial among the first to turn in his trusty Royal news editor, swing editor, makeup edi- page policy is developed, or his choosing of for the new invention. Light has been characterized as an editor tor and news editor, and managing edi- comics and puzzles for the back pages. No matter what part of the newspaper he right out of ‘‘The Front Page,’’ a hard-nosed, tor. Thirty years after he began work- often irreverent newsman, hell-bent at get- ing for The News, Warren E. Buffett dealt with, his news instincts, often initially seen by his colleagues as a quick shot ting the big story on the press. He has lived named him editor and vice president. straight from the hip, usually proved impec- through tumultuous change in American He became senior vice president in 1983. cable. For example, Light’s idea for Gusto journalism, but he has not altered his funda- Murray and his wife of 45 years, Joan, initially was rejected by many as imprac- mental views on a newspaper’s relationship have three children. tical and unnecessary. But Light persisted, with its readers. In a letter to Murray, Warren Buffett and a generation later, nearly every metro- Speaking to a group of advertising execu- politan newspaper in the country has a sec- tives 20 years ago, Light summed up those wrote: ‘‘From both a professional and a views when he said: personal standpoint, you are the per- tion like Gusto, which proved to be popular beyond his imagination. ‘‘The News will not sensationalize to cre- fect person to be editor of The Buffalo Light has been directing the morning and ate a headline. We will not, through ref- News. I’ve always considered myself evening news meetings at which the editors erence or emphasis, play to the emotions of very lucky in having you there when I decide which stories will be played on the a segment of our readership and in the proc- arrived in 1977.’’ front page since those meetings were initi- ess denigrate, dismay or demolish the rep- Mr. President, in this spirit, I ask ated at The News 15 years ago. At times, an utation of a group—whether it be civic, po- that Edward Cuddihy’s article from informal vote is taken on what editors de- litical or ethnic * * * ‘‘We will not use our news columns to rein- The Buffalo News, be printed in the scribe as ‘‘a close call,’’ but everyone around the table knows that only the single ballot force and/or espouse the causes of our edi- RECORD. at the head of the table counts. torial page. The News wants to sell news- The article follows. Light, who will be 73 in October, runs the papers * * * but we will not attempt to do so [From The Buffalo News, August 9, 1999] newsroom by the sheer force of his dominant by yielding to expediency and destroying our LIGHT TO RETIRE AS EDITOR AFTER 50 YEARS personality. His enthusiasm for every detail, news integrity.’’ In January 1979, Light began writing a col- AT NEWS large or small, has been a hallmark of his ca- reer. He once told the story of his teen-age umn, ‘‘Your Newspaper,’’ in which he shared (By Edward Cuddihy) job in Brooklyn, operating a machine that his views on the newspaper and its staff with Buffalo News Editor Murray B. Light, the inserted three pennies change into cigarette the readers. Since then, he has written hun- only editor most of his newsroom staff mem- packs for vending machines. ‘‘No job is ever dreds of such columns, which he keeps in a bers have ever worked for in Buffalo, an- too small to demand your attention,’’ he told cardboard box in his office. Light said he nounced Sunday that he will retire Sept. 19, young editors, adding with a smile that he plans to write a column for The News Sun- ending an illustrious journalism career at nearly knocked his finger off when he let his day Viewpoints Section, starting this fall. The Buffalo News that spans a half-century. concentration drift for a moment. Light held offices and holds membership in Light, who also is senior vice president of Only the fourth person to hold the title of a large number of professional organizations, The News, made the announcement ‘‘his editor at this newspaper during the 20th cen- including past president of the New York way,’’ not before a gathering of the public of- tury, Light came to Buffalo and The News as State Society of Newspaper Editors. ficials and civic leaders he has worked with a reporter in 1949. A native of Brooklyn, his He also has been honored by scores of busi- for the past 30 years, but before about 1,200 first newspaper job was as campus cor- ness, civic, social and charitable organiza- fellow workers and their families at an em- respondent for the old Brooklyn Eagle while tions. Never a man to court personal honors, ployee appreciation picnic, amid the smell of he was earning his bachelor’s degree at one of his most treasured accomplishments hot dogs and the sounds of children. Brooklyn College. was to be chosen by his peers to be part of Light’s announcement came immediately He enlisted in the Army and was part of the nominating jury for journalism’s coveted after he was honored by News President and the force in the Pacific being readied for an Pulitzer Prizes, a post he held in 1990 and Publisher Stanford Lipsey on the upcoming invasion of Japan, a force that this country 1991. 50th anniversary of Light’s first day at The never needed to utilize. After his return, he Light served on the advisory council to the News. The actual date of that anniversary is did graduate work at Medill School of Jour- journalism department at St. Bonaventure Sept. 19, the day Light has chosen as his last nalism at Northwestern University under the University and has served on the Community day at The News. GI Bill of Rights and earned a master’s de- Advisory Council of the University at Buf- In brief remarks, Lipsey said of Light: gree in 1949. falo. ‘‘The responsibility of editing a daily metro- During his brief stint as a copy editor at He is a member of the American Society of politan newspaper is enormous. It involves the old New York World-Telegram, Light Newspaper Editors and the Associated Press S10872 CONGRESSIONAL RECORD — SENATE September 14, 1999 Managing Editors Association. He also was a police officer—the Superintendent of National Crime Information Center. member of the State Judicial Screening the Delaware State Police, Colonel Delaware’s Sex Offender Registry was Committee for the Fourth Department and Alan D. Ellingsworth. created under his watch and with his the State Fair Trial Free Press Conference. After one of the most distinguished persistent doggedness that Delaware Gov. Mario Cuomo appointed him to the New York State Temporary Commission on Con- careers in Delaware law enforcement get this system implemented effi- stitutional Revision in 1994. history, Colonel Ellingsworth has re- ciently and effectively. A staunch supporter of the City of Buffalo, tired following 24 years of service with During his tenure, Colonel Light and his wife of 45 years, Joan, moved the Delaware State Police. His life as a Ellingsworth presided over the memo- from suburban Amherst in the 1970s to a police officer began on August 1, 1975, rable 75th Anniversary of the Delaware home near the city’s Allentown section and when he was assigned as a road trooper State Police and successfully pursued most recently to a condominium in the Wa- at Troop 6 in Prices Corner. Moving up the fund-raising, building and dedica- terfront Village community. Joan recently the ranks quickly, he worked in every tion of the new Delaware State Police retired as vice president of Sovran Self Stor- Museum. age, Williamsville. major unit, including criminal inves- tigations, as the officer-in-charge of During his career, Colonel The Lights have three children. Lee, a reg- Ellingsworth has received numerous istered nurse with the Buffalo Red Cross the homicide unit and as a Troop Com- Chapter; Laura, a medieval scholar on the mander. awards and commendations, including Harvard University faculty; and Jeffrey, dep- In May, 1994, he was promoted to Su- Trooper of the Year in 1979 and 1985— uty editor of the Orange County (Calif.) Reg- perintendent, where he has been a true In the history of the Delaware State ister. leader for the citizens of Delaware, and Police, he is the only officer who has Light seeks to quench his life-long thirst a true partner and friend to me. been named Trooper of the Year twice. for knowledge through reading. He recently Mr. President, I want to mention He also has received three Superintend- told his colleagues, without as much as rais- something very near and dear to my ent’s Citations, and he was selected as ing an eyebrow, that he reads ‘‘about a hun- heart, the 1994 Crime Law that I au- the Crime Stoppers’ Detective of the dred books a year, give or take a few,’’ in ad- Year. dition to newspapers, news magazines and thored—it became a reality in Dela- professional journals. ware thanks to Colonel Alan He is a 1988 graduate of the FBI’s Na- In his younger years, Light would be hard- Ellingsworth. Under his leadership, the tional Academy, and a 1987 graduate of pressed to pass up a poker game, and he and ranks of the Delaware State Police in- the Pennsylvania State University Po- Joan were regulars on the tennis court. creased 10 percent, with a force of 525 lice Executive Development Institute. Just 19 years ago, Light was quoted as in- officers today. With funding from the As we like to say in Delaware, Colo- sisting he could never share his wife’s fond- Crime Law, he not only put 60 more po- nel Ellingsworth is ‘‘home grown.’’ He ness for golf. But in recent years, the Lights was born in Sussex County, a 1972 grad- lice officers on our streets—he estab- have been regulars on the golf course at uate of Sussex Central High School, re- lished effective ‘‘Community Policing’’ Wanakah Country Club, where they are ceived his bachelor and master’s de- units in Delaware’s toughest neighbor- members. And this summer, the Lights were grees from Wilmington College, and spectators at the British Open in Carnoustie, hoods. He personally tackled the drug now lives in Bear with his wife Ann Scotland. problem in rural parts of Sussex and Marie and their three daughters, Murray B. Light has always had the ability Kent Counties, creating new units to to alter his view in the face of a persuasive Amanda, Lauren and Megan. go into these poorer areas so that adult Mr. President, it is my great privi- argument made by someone he trusts—even residents and their children knew the an argument about golf.∑ lege to honor Colonel Ellingsworth on Delaware State Police were their f his career as Delaware’s top police offi- friends and partners in ‘‘taking back cer. His officers are the first to say he CONGRATULATING THE BROWNS their neighborhoods.’’ And he sent a has served as a real ‘‘trooper’s troop- AND THE CARSONS ON THE strong message to drug dealers and er.’’ He has been an officer who is BIRTHS OF THEIR CHILDREN criminals—get out and stay out. His of- tough as nails when solving a heinous ficers arrested the drug dealers and ∑ Mr. ALLARD. Mr. President, I would crime, yet he always could be counted users, and helped direct the neighbor- on as a sensitive shoulder of support to like to take a moment to recognize the hood kids to Boys and Girls Clubs and endeavors of two staff members from families of officers killed or injured in other constructive, supervised activi- the line of duty. I will miss his counsel my D.C. office who have been working ties. I’ve seen these officers at work in especially hard to increase our Repub- and advice, and I wish him and his fam- these communities—it is remarkable ily Godspeed, good health and good for- lican majority for the future. how residents trust them. Equally im- Three weeks ago, Beth Brown, an em- tune in the years ahead.∑ pressive are the results. f ployee of mine since I started in the His strategy has worked. Crime in Senate, and her husband Motte, who Delaware is down 12 percent. APPOINTMENTS works for our esteemed President Pro But there’s much more to his story. The PRESIDING OFFICER. The Temp, became the proud parents of In another of his initiatives, he used Chair, on behalf of the President pro Sophie Isabelle Brown. She was born Crime Law grants to put non-uniform tempore, pursuant to Public Law 99– around 11 pm on August 25th at a police in every high school as Youth 498, reappoints Robert C. Khayat, of healthy 7 pound and 2 ounces. This is Resource Officers. Again, students get Mississippi, to the Advisory Committee their first child and my staff and I wish the message that, one, violence, bul- on Student Financial Assistance for a them all the happiness in the world. lying, drugs, gangs and guns will not be term beginning October 1, 1999, and I am also pleased to announce that tolerated; and second, police are role ending September 30, 2002. just last week John and Eileen Carson models, coaches and mentors. The Chair, on behalf of the majority brought their second baby girl into Under Colonel Ellingsworth, the leader, after consultation with the their family. Ainsley Jane Adeline Car- Delaware State Police have established Democratic leader, pursuant to Public son arrived September 2nd at 3:09 p.m., Community Police sub-stations in Law 93–415, as amended by Public Law weighting 7 pounds and 3 ounces. John shopping malls, local communities— 102–586, announces the appointment of is a 5-year member of my staff and my even in a converted laundry room in an Charles Sims, of Mississippi, to serve Senior Legislative Assistant. They are apartment complex in Georgetown, as a member of the Coordinating Coun- doing very well and we extend our Delaware. The goal and message are cil on Juvenile Justice and Delin- warmest wishes and congratulations to simple: police need to be on the beat to quency Prevention, vice William Keith them also.∑ help prevent and readily respond to Oubre. f crime. f Colonel Ellingsworth’s legacy to the DELAWARE STATE POLICE SUPER- Delaware State Police is even deeper ORDER FOR PRINTING—S.J. RES. 33 INTENDENT COLONEL ALAN D. than his accomplishments in reducing Mr. GORTON. Mr. President, I ask ELLINGSWORTH crime. The Delaware Crime Statistical unanimous consent that S.J. Res. 33 be ∑ Mr. BIDEN. Mr. President, I rise Center is now state-of-the-art. The printed, as modified and passed by the today to pay tribute to Delaware’s top State’s crime data is linked with the Senate. September 14, 1999 CONGRESSIONAL RECORD — SENATE S10873 The PRESIDING OFFICER. Without transportation appropriations bill. By NOMINATIONS objection, it is so ordered. previous consent, there will be 1 hour Executive nominations received by f of debate on two Wyden amendments, the Senate September 14, 1999: both on the subject of airline report- ORDERS FOR WEDNESDAY, ing, with votes to occur at 11 a.m. Fur- EXECUTIVE OFFICE OF THE PRESIDENT SEPTEMBER 15, 1999 ther, amendments and votes are antici- Joshua Gotbaum, of New York, to be Con- Mr. GORTON. Mr. President, I ask pated throughout tomorrow’s session troller, Office of Federal Financial Manage- ment, Office of Management and Budget, unanimous consent that when the Sen- of the Senate. vice G. Edward DeSeve. ate completes its business today, it For the remainder of the week, we UNITED STATES SENTENCING COMMISSION stand adjourned until the hour of 10 hope the Senate can complete action a.m. on Wednesday, September 15. I on both the Interior and Transpor- Joe Kendall, of Texas, to be a Member of further ask unanimous consent that on the United States Sentencing Commission tation appropriations bills. I will state, for a term expiring October 31, 2001, vice Wednesday, immediately following the Mr. President, that I am sure the Inte- David A. Mazzone, term expired. prayer, the Journal of proceedings be rior bill will be completed promptly Michael O’Neill, of Maryland, to be a Mem- approved to date, the morning hour be after disposition of the Hutchison ber of the United States Sentencing Commis- deemed expired, the time for the two amendment. sion for a term expiring October 31, 2003, vice leaders be reserved for their use later Deanell Reece Tacha, term expired. in the day, and the Senate resume de- f John R. Steer, of Virginia, to be a Member bate on H.R. 2084, the transportation of the United States Sentencing Commission for the remainder of the term expiring Octo- appropriations bill. ADJOURNMENT UNTIL 10 A.M. The PRESIDING OFFICER. Without ber 31, 1999, vice Wayne Anthony Budd, re- TOMORROW signed. objection, it is so ordered. John R. Steer, of Virginia, to be a Member f Mr. GORTON. Mr. President, if there of the United States Sentencing Commission is no further business to come before for a term expiring October 31, 2005. (Re- PROGRAM the Senate, I now ask unanimous con- appointment) Mr. GORTON. Mr. President, as a re- sent that the Senate stand in adjourn- DEPARTMENT OF JUSTICE ment under the previous order. sult of that action, for the information John Hollingsworth Sinclair, of Vermont, of all Senators, the Senate will con- There being no objection, the Senate, to be a United States Marshal for the Dis- vene at 10 a.m. tomorrow and imme- at 7:06 p.m., adjourned until Wednes- trict of Vermont for the term of four years, diately resume consideration of the day, September 15, 1999, at 10 a.m. vice John Edward Rouille, resigned.