Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, SECOND SESSION

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

Vol. 146 WASHINGTON, MONDAY, JULY 17, 2000 No. 92 House of Representatives The House met at 12:30 p.m. and was personnel strengths for such fiscal year The memo was circulated while the called to order by the Speaker pro tem- for the Armed Forces, and for other administration was publicly blasting pore (Mrs. BIGGERT). purposes,’’ requests a conference with the big oil companies for gouging f the House on the disagreeing votes of Americans. The Washington Times ob- the two Houses thereon, and appoints tained the June 5 memo that was writ- DESIGNATION OF SPEAKER PRO Mr. WARNER, Mr. THURMOND, Mr. ten for Secretary Richardson of the De- TEMPORE MCCAIN, Mr. SMITH of New Hampshire, partment of Energy by the Depart- The SPEAKER pro tempore laid be- Mr. INHOFE, Mr. SANTORUM, Ms. SNOWE, ment’s acting policy director, Ms. fore the House the following commu- Mr. ROBERTS, Mr. ALLARD, Mr. HUTCH- Kenderdine. nication from the Speaker: INSON, Mr. SESSIONS, Mr. LEVIN, Mr. This memo mirrors what analysts ENNEDY INGAMAN YRD WASHINGTON, DC, K , Mr. B , Mr. B , Mr. and oil companies have been stating; July 17, 2000. ROBB, Mr. LIEBERMAN, Mr. CLELAND, the mix of high demand and low supply I hereby appoint the Honorable JUDY Ms. LANDRIEU, and Mr. REED, to be the has led to high prices for all gasoline. BIGGERT to act as Speaker pro tempore on conferees on the part of the Senate. We all realize that; that makes sense. this day. f Of course, that is part of the cycle in a J. DENNIS HASTERT, free market experience. The disturbing Speaker of the House of Representatives. MORNING HOUR DEBATES part of that memo goes on to say, and The SPEAKER pro tempore. Pursu- f let me quote, Madam Speaker, ‘‘the ant to the order of the House of Janu- Milwaukee and Chicago areas supply MESSAGE FROM THE SENATE ary 19, 1999, the Chair will now recog- situation is further affected by, among A message from the Senate by Mr. nize Members from lists submitted by other things, an RFG formulation spe- Lundregan, one of its clerks, an- the majority and minority leaders for cific to the area that is more difficult nounced that the Senate has passed morning hour debates. The Chair will to produce.’’ without amendment bills of the House alternate recognition between the par- Despite the clear-cut facts in the of the following titles: ties, with each party limited to not to memo, the administration has claimed exceed 30 minutes, and each Member, H.R. 8. An act to amend the Internal Rev- that the price hikes and spikes were except the majority leader, the minor- enue Code of 1986 to phaseout the estate and unexplainable. In fact, they have open- gift taxes over a 10-year period. ity leader, or the minority whip, lim- ly speculated that it is probably big H.R. 4391. An act to amend title 4 of the ited to not to exceed 5 minutes. United States Code to establish sourcing re- The Chair recognizes the gentleman business beating up on poor citizens quirements for State and local taxation of from Florida (Mr. STEARNS) for 5 min- again. When, in fact, it is big govern- mobile telecommunication services. utes. ment beating up on the American tax- The message also announced that the f payers again. Senate has passed with an amendment Refineries have been working to ca- in which the concurrence of the House GAS PRICES pacity to produce a new EPA-mandated is requested, a bill of the House of the Mr. STEARNS. Madam Speaker, I am gasoline and have been strained to following title: here to speak on a growing con- meet the summer demands. This has H.R. 4205. An act to authorize appropria- troversy, the controversy of who is to left reserve supplies in a dangerous po- tions for fiscal year 2001 for military activi- blame for the high gas prices, particu- sition. ties of the Department of Defense, for mili- larly in the Midwest, the high spikes. According to the DOE memo, Chicago tary construction, and for defense activities Some say it is big oil and others say it refineries do not have the capacity to of the Department of Energy, to prescribe is the result of the EPA forcing step up production when there is a personnel strengths for such fiscal year for through Phase II formulated gasoline. shortage and the specifically formu- the Armed Forces, and for other purposes. Let us this afternoon analyze the lated gasoline mixed with the ethanol The message also announced that the facts and begin to see where the re- in the region could not be imported Senate insists upon its amendment to sponsibility lies. Let me cite from an from other areas because few make the the bill (H.R. 4205) ‘‘An Act to author- internal Energy Department memo unique blend of fuel. ize appropriations for fiscal year 2001 that proves that the administration The most damaging evidence is the for military activities of the Depart- knew that the new formulated gaso- conclusion in that memo from June 5 ment of Defense, for military construc- line, RFG, as required by EPA was a that supplies were sufficient to meet tion, and for defense activities of the major reason for the spikes in the Mid- overall demand at the time. The mar- Department of Energy, to prescribe west. ket was ‘‘sufficiently tight,’’ he went

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

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VerDate 11-MAY-2000 04:08 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.000 pfrm02 PsN: H17PT1 H6056 CONGRESSIONAL RECORD — HOUSE July 17, 2000 on later to say ‘‘that any disruption in first, because it shows how the Federal side the park and ride the light rail the distribution system could con- Government can lead by example, and, train to a canyon view information tribute to Phase II RFG shortages’’ second, it serves as a powerful refuta- plaza, there they can view exhibits, throughout the summer. So there we tion that somehow the United States, ride alternatively-fueled vehicles and have it, that is where the spikes came being a huge and wealthy Nation, does hike along the canyon’s rim. Construc- from. not have to worry about things like tion has already begun on the informa- The White House has attempted to sprawl and congestion, unplanned tion plaza in April, and the light rail rely on a strategy to deflect blame growth and loss of farmland, that we system is expected to be in place by the from the real culprit, themselves. Con- just pave more, continue to expand, spring of 2004. sidering the gasoline problems facing create more of whatever land we wish It is also a priority to reduce traffic Americans today, I am very surprised of farm, housing or roads. congestion in the Yosemite National at the timing of the EPA and this ad- Madam Speaker, it is reminiscent of Park. It is already implemented a 2- ministration to move forward with the Alice in Wonderland’s experience with year demonstration program for a re- implementation of this new blend, this the Mad Hatter’s tea party. ‘‘Yes, gional transportation system that RFG Phase II. that’s it’’ said the Hatter with a sigh, would allow visitors to leave their cars I do not think the administration in- ‘‘it’s always tea time and we’ve no outside the park and travel by shuttle tentionally did this, but I am not sure. time to wash the things between bus into and around the Yosemite Val- Where is their energy plan today? whiles.’’ ley. Where are the steps that could have ‘‘Then you keep moving round, I sup- Together activities like this will re- prevented this from happening? Why pose?’’ said Alice. duce reliance on private automobiles did the EPA simply not postpone ‘‘Exactly so,’’ said the Hatter, ‘‘as for visitors, allow for sustainable use changing the gas formulas until such a the things get used up.’’ and enjoyment of our public lands, im- time as the oil market had leveled off? ‘‘But what happens when you come to prove the livability and quality of life Also, why did St. Louis, Missouri re- the beginning again?’’ Alice ventured in nearby communities, and allow visi- ceive a waiver while, to my knowledge, to ask. tors to better enjoy their experience. no other city did? ‘‘Suppose we change the subject,’’ the Unlike the Mad Hatter, we cannot Another shocking piece of this show March Hare interrupted, yawning. ‘‘I’m continue to just move to the next place is on Friday, June 30, the EPA released getting tired of this. I vote the young at the party. Fortunately, this leader- in a proposed rulemaking a comment lady tells us a story.’’ period on whether reformulated gaso- ship shows how we can achieve this, Our tea party with the built and nat- not just for national parks, but as a line is needed to meet the air quality ural environment is not solved with standards. In other words, they are model for American communities to more stories. We are going to have to make them safer, healthier and more saying is this even needed. What? I face realities in our mature cities, mean, here they are mandating they be economically secure. small town America, fraying suburbs, f put in place, yet now they are issuing even in our national parks. There are a memo to say is it needed. You mean limits to the strains we can put on the RECESS to tell me that they insisted on moving land in our transportation systems. The SPEAKER pro tempore. Pursu- forward with Phase II of RFG without The numbers are staggering in our knowing if they even needed to keep ant to clause 12 of rule I, the Chair de- national parks and other federally- clares the House in recess until 2 p.m. the program? managed sites. In 1997, over 370 million When will the EPA do their home- Accordingly (at 12 o’clock and 41 visitors increasingly jammed on work before they force regulations minutes p.m.), the House stood in re- clogged parking lots, jammed high- upon the American people? It appears cess until 2 p.m. ways, fragile and irreplaceable re- to me from the evidence that the f sources suffering damage from too spiked prices in the Midwest were due many vehicles and too many people. b 1400 to the EPA forcing a new formulation, Nearby gateways communities are also a new blend of gasoline, during this AFTER RECESS negatively impacted by trafficking, de- time of high OPEC prices and low sup- creased air quality, but there is a new The recess having expired, the House plies. was called to order by the Speaker pro The EPA should accept responsibility trend in thinking about how we solve tempore (Mr. MILLER of Florida) at 2 for putting the public through the ex- these problems. Part of the TEA–21 Transportation p.m. pensive process of reformulated gaso- Equity Act for the 21st Century called f line without proof that the gasoline for a coordination and study between would help improve our air and should the Department of Transportation and PRAYER withhold moving forward with any the Secretary of the Interior. They The Chaplain, the Reverend Daniel P. other new RFG regulations in any have already produced recommenda- Coughlin, offered the following prayer: other cities. Lord, our God, our history as a peo- Madam Speaker, the EPA and De- tions for public transportation services ple has been great. We are humbled by partment of Energy must formulate a at 128 sites that will enhance the vis- reflecting upon the events of the past. plan and study to make sure their plan itor experience and protect the envi- Fill us with hope and vision. is effective before they gouge the ronment. Preserve us from making the mis- American people at the pumps. Madam Speaker, this new broach to transportation has already produced takes of the past. Grant us greater f tangible results in a number of areas. judgment that we may be children born LIVABLE COMMUNITIES The Zion National Park in Utah, of freedom and strong in virtue. The SPEAKER pro tempore. Under a which has suffered from severe conges- May we honor the heroic men and previous order of the House, the gen- tion, gridlock and destruction of nat- women of the past who, when insulted, tleman from Ohio (Mr. BLUMENAUER) is ural resources, has helped to imple- did not return insult; and, when threat- recognized for 5 minutes. ment a new program, a shuttle bus sys- ened, handed themselves over to You, Mr. BLUMENAUER. Madam Speaker, tem initiated in May of this year helps the One who judges justly. In them we the Federal Government has no greater protect the fragile natural resources have come to recognize Your grace priority than to be a good partner to and protect visitors away as they visit shining through human weakness. promote livable communities. from the canyon and provide services May those who suffered for justice’ The morning paper carried a story to the gateway community of Spring- sake receive the beatitude’s reward; about another independent study to dale. and may those who cried out in the chart the ecological vital signs of our The National Park Service has pro- void of justice, today be heard that a national park systems. posed a light rail transit system for the new day of peace may be born rooted in Madam Speaker, I think this is an south rim of the Grand Canyon. It will justice, for You live and are attentive important area to pose attention to, allow visitors to leave their cars out- to our cries now and forever. Amen.

VerDate 11-MAY-2000 04:08 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.055 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6057 THE JOURNAL lihoods just because the administration come of a contest of others, a sporting event, or a game predominantly subject to chance, The SPEAKER pro tempore. The refuses or fails to stand up to foreign oil pricing nations. upon an agreement or understanding that Chair has examined the Journal of the the person or another person will receive last day’s proceedings and announces I yield back the administration’s na- something of greater value than the amount to the House his approval thereof. tional policy which continues to cost staked or risked in the event of a certain Pursuant to clause 1, rule I, the Jour- Americans precious money every time outcome; nal stands approved. they go to the gas pump. ‘‘(B) includes the purchase of a chance or f opportunity to win a lottery or other prize f (which opportunity to win is predominantly PLEDGE OF ALLEGIANCE STOP GIVING TECHNOLOGICAL subject to chance); CHARITY TO CHINA ‘‘(C) includes any scheme of a type de- The SPEAKER pro tempore. Will the scribed in section 3702 of title 28; and (Mr. TRAFICANT asked and was gentleman from Nevada (Mr. GIBBONS) ‘‘(D) does not include— come forward and lead the House in the given permission to address the House ‘‘(i) a bona fide business transaction gov- Pledge of Allegiance. for 1 minute and to revise and extend erned by the securities laws (as that term is his remarks.) defined in section 3(a)(47) of the Securities Mr. GIBBONS led the Pledge of Alle- Exchange Act of 1934 (15 U.S.C. 78c(a)(47))) giance as follows: Mr. TRAFICANT. Something is wrong, Mr. Speaker. China has already for the purchase or sale at a future date of I pledge allegiance to the Flag of the securities (as that term is defined in section United States of America, and to the Repub- stolen our nuclear secrets; and what 3(a)(10) of the Securities Exchange Act of lic for which it stands, one nation under God, they have not stolen, the White House 1934 (15 U.S.C. 78c(a)(10))); indivisible, with liberty and justice for all. has given to them, specifically, super- ‘‘(ii) a transaction on or subject to the f computer and satellite technology that rules of a contract market designated pursu- enhances China’s missile program, and ant to section 5 of the Commodity Exchange COMMUNICATION FROM THE they have missiles pointed at us. Act (7 U.S.C. 7); CLERK OF THE HOUSE Now, if that is not enough to ‘‘(iii) a contract of indemnity or guarantee; ‘‘(iv) a contract for life, health, or accident The SPEAKER pro tempore laid be- download your hard drive, news reports insurance; or fore the House the following commu- now confirm that the White House will ‘‘(v) participation in a simulation sports nication from the Clerk of the House of allow private sector high-tech compa- game or an educational game or contest Representatives: nies to hire Chinese scientists involved that— with their military technologies. ‘‘(I) is not dependent solely on the outcome OFFICE OF THE CLERK, Beam me up. What is next? Will we of any single sporting event or nonpartici- HOUSE OF REPRESENTATIVES, pant’s singular individual performance in Washington, DC, July 14, 2000. give China our Star Wars umbrella? Mr. Speaker, I yield back both the any single sporting event; Hon. J. DENNIS HASTERT, ‘‘(II) has an outcome that reflects the rel- The Speaker, House of Representatives, danger and the stupidity of this char- ative knowledge and skill of the participants Washington, DC. ity to China. with such outcome determined predomi- DEAR MR. SPEAKER: Pursuant to the per- f nantly by accumulated statistical results of mission granted to Clause 2(h) of Rule II of sporting events and nonparticipants accumu- the Rules of the U.S. House of Representa- ANNOUNCEMENT BY THE SPEAKER lated individual performances therein; and tives, the Clerk received the following mes- PRO TEMPORE ‘‘(III) offers a prize or award to a partici- sage from the Secretary of the Senate on pant that is established in advance of the July 14, 2000 at 9:05 a.m. The SPEAKER pro tempore. Pursu- game or contest and is not determined by That the Senate Passed without amend- ant to clause 8 of rule XX, the Chair the number of participants or the amount of ment H.R. 3544. announces that he will postpone fur- any fees paid by those participants. That the Senate Passed without amend- ther proceedings today on each motion ‘‘(2) CLOSED-LOOP SUBSCRIBER-BASED SERV- ment H.R. 3591. to suspend the rules on which a re- ICE.—The term ‘closed-loop subscriber-based With best wishes, I am corded vote or the yeas and nays are service’ means any information service or Sincerely, ordered or on which the vote is ob- system that uses— JEFF TRANDAHL, ‘‘(A) a device or combination of devices— Clerk of the House. jected to under clause 6 of rule XX. ‘‘(i) expressly authorized and operated in Any record votes on postponed ques- f accordance with the laws of a State, exclu- tions will be taken after debate has sively for placing, receiving, or otherwise AMERICA’S FOREIGN OIL concluded on all motions to suspend making a bet or wager described in sub- DEPENDENCY the rules, but not before 7 p.m. today. section (f)(1)(B); and f ‘‘(ii) by which an individual located within (Mr. GIBBONS asked and was given any State must subscribe and be registered permission to address the House for 1 INTERNET GAMBLING with the provider of the wagering service by minute and to revise and extend his re- PROHIBITION ACT OF 2000 name, address, age, and appropriate billing marks.) information to be authorized to place, re- Mr. GIBBONS. Mr. Speaker, Ameri- Mr. GOODLATTE. Mr. Speaker, I ceive, or otherwise make a bet or wager, and cans are paying more for gas now than move to suspend the rules and pass the must be physically located within that State at any other time in our history. Fami- bill (H.R. 3125) to prohibit Internet in order to be authorized to do so; gambling, and for other purposes, as ‘‘(B) a secure and effective customer lies like David and Jenny Davis of verification and age verification system, up- Reno, Nevada are being forced to elimi- amended. The Clerk read as follows: dated to remain current with evolving tech- nate their vacation plans and change nology, expressly authorized and operated in their daily schedules, like eliminating H.R. 3125 accordance with the laws of the State in after-school programs for their chil- Be it enacted by the Senate and House of Rep- which it is located, to ensure that all appli- dren, just to save money on gas; and all resentatives of the United States of America in cable Federal and State legal and regulatory of this when our country’s dependency Congress assembled, requirements for lawful gambling are met; on foreign oil is at an all-time high. SECTION 1. SHORT TITLE. and ‘‘(C) appropriate data security standards to Yet, for 8 years, the Clinton-Gore ad- This Act may be cited as the ‘‘Internet Gambling Prohibition Act of 2000’’. prevent unauthorized access by any person ministration has refused to address and who has not subscribed or who is a minor. SEC. 2. PROHIBITION ON INTERNET GAMBLING. reduce our dependence on foreign oil or ‘‘(3) FOREIGN JURISDICTION.—The term ‘for- (a) IN GENERAL.—Chapter 50 of title 18, to prevent foreign oil price-fixing eign jurisdiction’ means a jurisdiction of a United States Code, is amended by adding at foreign country or political subdivision schemes. Instead, the administration the end the following: continues to support oil-producing thereof. ‘‘§ 1085. Internet gambling countries, even though they blatantly ‘‘(4) GAMBLING BUSINESS.—The term ‘gam- banned together to raise oil prices. ‘‘(a) DEFINITIONS.—In this section the fol- bling business’ means— lowing definitions apply: ‘‘(A) a business that is conducted at a gam- Now American families are paying ‘‘(1) BETS OR WAGERS.—The term ‘bets or bling establishment, or that— for the administration’s actions or in- wagers’— ‘‘(i) involves— actions. Our hard-working families ‘‘(A) means the staking or risking by any ‘‘(I) the placing, receiving, or otherwise should not have to sacrifice their live- person of something of value upon the out- making of bets or wagers; or

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‘‘(II) the offering to engage in the placing, Federal and non-Federal interoperable pack- ‘‘(ii) RELIEF.—Upon application of the receiving, or otherwise making of bets or wa- et switched data networks. United States under this subparagraph, the gers; ‘‘(9) PERSON.—The term ‘person’ means any district court may enter a temporary re- ‘‘(ii) involves 1 or more persons who con- individual, association, partnership, joint straining order or an injunction against any duct, finance, manage, supervise, direct, or venture, corporation (or any affiliate of a person to prevent or restrain a violation of own all or part of such business; and corporation), State or political subdivision this section if the court determines, after no- ‘‘(iii) has been or remains in substantially thereof, department, agency, or instrumen- tice and an opportunity for a hearing, that continuous operation for a period in excess tality of a State or political subdivision there is a substantial probability that such of 10 days or has a gross revenue of $2,000 or thereof, or any other government, organiza- violation has occurred or will occur. more from such business during any 24-hour tion, or entity (including any governmental period; and entity (as defined in section 3701(2) of title ‘‘(B) INSTITUTION BY STATE ATTORNEY GEN- ‘‘(B) any soliciting agent of a business de- 28)). ERAL.— scribed in subparagraph (A). ‘‘(10) PRIVATE NETWORK.—The term ‘private ‘‘(i) IN GENERAL.—The attorney general of a ‘‘(5) INFORMATION ASSISTING IN THE PLACING network’ means a communications channel State (or other appropriate State official) in OF A BET OR WAGER.—The term ‘information or channels, including voice or computer which a violation of this section allegedly assisting in the placing of a bet or wager’— data transmission facilities, that use has occurred or will occur, after providing ‘‘(A) means information that is intended either— written notice to the United States, may in- by the sender or recipient to be used by a ‘‘(A) private dedicated lines; or stitute proceedings under this subsection to person engaged in the business of betting or ‘‘(B) the public communications infra- prevent or restrain the violation. wagering to place, receive, or otherwise structure, if the infrastructure is secured by ‘‘(ii) RELIEF.—Upon application of the at- make a bet or wager; and means of the appropriate private commu- torney general (or other appropriate State ‘‘(B) does not include— nications technology to prevent unauthor- official) of an affected State under this sub- ‘‘(i) information concerning parimutuel ized access. paragraph, the district court may enter a pools that is exchanged exclusively between ‘‘(11) STATE.—The term ‘State’ means a temporary restraining order or an injunction or among 1 or more racetracks or other pari- State of the United States, the District of against any person to prevent or restrain a mutuel wagering facilities licensed by the Columbia, the Commonwealth of Puerto violation of this section if the court deter- State or approved by the foreign jurisdiction Rico, or a commonwealth, territory, or pos- in which the facility is located, and 1 or session of the United States. mines, after notice and an opportunity for a more parimutuel wagering facilities licensed ‘‘(12) SUBSCRIBER.—The term ‘subscriber’— hearing, that there is a substantial prob- by the State or approved by the foreign ju- ‘‘(A) means any person with a business re- ability that such violation has occurred or risdiction in which the facility is located, if lationship with the interactive computer will occur. that information is used only to conduct service provider through which such person ‘‘(C) INDIAN LANDS.—Notwithstanding sub- common pool parimutuel pooling under ap- receives access to the system, service, or paragraphs (A) and (B), for a violation that plicable law; network of that provider, even if no formal is alleged to have occurred, or may occur, on ‘‘(ii) information exchanged exclusively be- subscription agreement exists; and Indian lands (as that term is defined in sec- tween or among 1 or more racetracks or ‘‘(B) includes registrants, students who are tion 4 of the Indian Gaming Regulatory Act other parimutuel wagering facilities licensed granted access to a university system or net- (25 U.S.C. 2703))— by the State or approved by the foreign ju- work, and employees or contractors who are ‘‘(i) the United States shall have the en- risdiction in which the facility is located, granted access to the system or network of forcement authority provided under subpara- and a support service located in another their employer. graph (A); and State or foreign jurisdiction, if the informa- ‘‘(13) SOLICITING AGENT.—The term ‘solic- ‘‘(ii) the enforcement authorities specified tion is used only for processing bets or waiting agent’ means any agent who knowingly in an applicable Tribal-State compact nego- gers made with that facility under applicable solicits for a gambling business described in tiated under section 11 of the Indian Gaming law; paragraph (4)(A) of this subsection. ‘‘(iii) information exchanged exclusively ‘‘(b) INTERNET GAMBLING.— Regulatory Act (25 U.S.C. 2710) shall be car- between or among 1 or more wagering facili- ‘‘(1) PROHIBITION.—Subject to subsection ried out in accordance with that compact. ties that are licensed and regulated by the (f), it shall be unlawful for a person engaged ‘‘(D) EXPIRATION.—Any temporary re- State in which each facility is located, and in a gambling business knowingly to use the straining order or preliminary injunction en- any support service, wherever located, if the Internet or any other interactive computer tered pursuant to subparagraph (A) or (B) information is used only for the pooling or service— shall expire if, and as soon as, the United processing of bets or wagers made by or with ‘‘(A) to place, receive, or otherwise make a States, or the attorney general (or other ap- the facility or facilities under each State’s bet or wager; or propriate State official) of the State, as ap- applicable law; ‘‘(B) to send, receive, or invite information plicable, notifies the court that issued the ‘‘(iv) any news reporting or analysis of wa- assisting in the placing of a bet or wager. order or injunction that the United States or gering activity, including odds, racing or ‘‘(2) PENALTIES.—A person engaged in a the State, as applicable, will not seek a per- event results, race and event schedules, or gambling business who violates this section manent injunction. categories of wagering; or shall be— ‘‘(3) EXPEDITED PROCEEDINGS.— ‘‘(v) any posting or reporting of any edu- ‘‘(A) fined in an amount equal to not more ‘‘(A) IN GENERAL.—In addition to any pro- cational information on how to make a bet than the greater of— ceeding under paragraph (2), a district court or wager or the nature of betting or wager- ‘‘(i) the total amount that such person bet may, in exigent circumstances, enter a tem- ing. or wagered, or placed, received, or accepted porary restraining order against a person al- ‘‘(6) INTERACTIVE COMPUTER SERVICE.—The in bets or wagers, as a result of engaging in leged to be in violation of this section upon term ‘interactive computer service’ means that business in violation of this section; or any information service, system, or access ‘‘(ii) $20,000; application of the United States under para- software provider that operates in, or uses a ‘‘(B) imprisoned not more than 4 years; or graph (2)(A), or the attorney general (or channel or instrumentality of, interstate or ‘‘(C) both. other appropriate State official) of an af- foreign commerce to provide or enable access ‘‘(3) PERMANENT INJUNCTIONS.—Upon con- fected State under paragraph (2)(B), without by multiple users to a computer server, viction of a person under this section, the notice and the opportunity for a hearing as which includes the transmission, storage, re- court may enter a permanent injunction en- provided in rule 65(b) of the Federal Rules of trieval, hosting, linking, formatting, or joining such person from placing, receiving, Civil Procedure (except as provided in sub- translation of a communication made by an- or otherwise making bets or wagers or send- section (d)(3)), if the United States or the other person, and including specifically a ing, receiving, or inviting information as- State, as applicable, demonstrates that there service, system, or access software provider sisting in the placing of bets or wagers. is probable cause to believe that the use of that— ‘‘(c) CIVIL REMEDIES.— the Internet or other interactive computer ‘‘(A) provides access to the Internet; or ‘‘(1) JURISDICTION.—The district courts of service at issue violates this section. ‘‘(B) is engaged in the business of providing the United States shall have original and ex- ‘‘(B) HEARINGS.—A hearing requested con- an information location tool (which means a clusive jurisdiction to prevent and restrain cerning an order entered under this para- service that refers or links users to an online violations of this section by issuing appro- graph shall be held at the earliest prac- location, including a directory, index, ref- priate orders in accordance with this section, ticable time. erence, pointer, or hypertext link). regardless of whether a prosecution has been ‘‘(7) INTERACTIVE COMPUTER SERVICE PRO- initiated under this section. ‘‘(d) INTERACTIVE COMPUTER SERVICE PRO- VIDER.—The term ‘interactive computer ‘‘(2) PROCEEDINGS.— VIDERS.— service provider’ means any person that pro- ‘‘(A) INSTITUTION BY FEDERAL GOVERN- ‘‘(1) IMMUNITY FROM LIABILITY FOR USE BY vides an interactive computer service, to the MENT.— ANOTHER.— extent that such person offers or provides ‘‘(i) IN GENERAL.—The United States may ‘‘(A) IN GENERAL.—An interactive computer such service. institute proceedings under this subsection service provider described in subparagraph ‘‘(8) INTERNET.—The term ‘Internet’ means to prevent or restrain a violation of this sec- (B) shall not be liable, under this section or the international computer network of both tion. any other provision of Federal or State law

VerDate 11-MAY-2000 04:08 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.002 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6059 prohibiting or regulating gambling or gam- from the court during that 72-hour period. If that such subscriber is using that access to bling-related activities, for the use of its fa- the alleged violator does so, the court shall violate this section, by terminating the spec- cilities or services by another person to en- as soon as possible hold the hearing, at ified account of that subscriber; and gage in Internet gambling activity or adver- which the law enforcement agency shall have ‘‘(II) an order restraining the provider from tising or promotion of Internet gambling ac- the burden of establishing by a preponder- providing access, by taking reasonable steps tivity that violates such law— ance of the evidence that the on line site is specified in the order to block access, to a ‘‘(i) arising out of any transmitting, rout- being used in violation of this section. specific, identified, foreign online location; ing, or providing of connections for gam- ‘‘(D) SCOPE OF ORDER.—An order under this ‘‘(ii) arising out of activity described in bling-related material or activity (including paragraph shall require that the provider paragraph (1)(A)(ii), the injunctive relief is intermediate and temporary storage in the expeditiously— limited to— course of such transmitting, routing, or pro- ‘‘(i) remove or disable access to the mate- ‘‘(I) the orders described in clause (i)(I); viding connections) by the provider, if— rial or activity residing at that online site ‘‘(II) an order restraining the provider from ‘‘(I) the material or activity was initiated that allegedly violates this section; or providing access to the material or activity by or at the direction of a person other than ‘‘(ii) in any case in which the provider does that violates this section at a particular on- the provider; not control the site at which the subject ma- line site residing on a computer server oper- ‘‘(II) the transmitting, routing, or pro- terial or activity resides, the provider, ated or controlled by the provider; and viding of connections is carried out through through any agent of the provider designated ‘‘(III) such other injunctive remedies as the an automatic process without selection of in accordance with section 512(c)(2) of title court considers necessary to prevent or re- the material or activity by the provider; 17, or other responsible identified employee strain access to specified material or activ- ‘‘(III) the provider does not select the re- or contractor— ity that is prohibited by this section at a cipients of the material or activity, except ‘‘(I) notify the Federal or State law en- particular online location residing on a com- as an automatic response to the request of forcement agency that the provider is not puter server operated or controlled by the another person; and the proper recipient of such order; and provider, that are the least burdensome to ‘‘(IV) the material or activity is trans- ‘‘(II) upon receipt of a subpoena, cooperate the provider among the forms of relief that mitted through the system or network of the with the Federal or State law enforcement are comparably effective for that purpose. provider without modification of its content; agency in identifying the person or persons or who control the site. ‘‘(C) CONSIDERATIONS.—The court, in determining appropriate injunctive relief under ‘‘(ii) arising out of any gambling-related ‘‘(E) CONTENTS OF ORDER.—An order issued material or activity at an online site resid- under this paragraph shall— this paragraph, shall consider— ing on a computer server owned, controlled, ‘‘(i) identify the material or activity that ‘‘(i) whether such an injunction, either or operated by or for the provider, or arising allegedly violates this section; alone or in combination with other such in- out of referring or linking users to an online ‘‘(ii) provide information reasonably suffi- junctions issued, and currently operative, location containing such material or activ- cient to permit the provider to locate (and, against the same provider would signifi- ity, if the material or activity was initiated as appropriate, in an order issued under sub- cantly (and, in the case of relief under sub- by or at the direction of a person other than paragraph (D)(i) to block access to) the ma- paragraph (B)(ii), taking into account, the provider, unless the provider fails to terial or activity; among other factors, the conduct of the pro- take expeditiously, with respect to the par- ‘‘(iii) be supplied to any agent of a provider vider, unreasonably) burden either the pro- ticular material or activity at issue, the ac- designated in accordance with section vider or the operation of the system or net- tions described in paragraph (2)(D) following 512(c)(2) of title 17, if information regarding work of the provider; the receipt by the provider of an order under such designation is readily available to the ‘‘(ii) whether implementation of such an paragraph (2)(B). public; and injunction would be technically feasible and ‘‘(B) ELIGIBILITY.—An interactive com- ‘‘(iv) provide information that is reason- effective, and would not materially interfere puter service provider is described in this ably sufficient to permit the provider to con- with access to lawful material at other on- subparagraph only if the provider— tact the law enforcement agency that ob- line locations; ‘‘(i) maintains and implements a written or tained the order, including the name of the ‘‘(iii) whether other less burdensome and electronic policy that requires the provider law enforcement agency, and the name and comparably effective means of preventing or to terminate the account of a subscriber of telephone number of an individual to contact restraining access to the illegal material or its system or network expeditiously fol- at the law enforcement agency (and, if avail- activity are available; and lowing the receipt by the provider of an able, the electronic mail address of that indi- ‘‘(iv) the magnitude of the harm likely to order under paragraph (2)(B) alleging that vidual). be suffered by the community if the injunc- such subscriber has violated or is violating ‘‘(F) POSTORDER HEARING.—An alleged vio- tion is not granted. this section; and lator that has not contested an order under ‘‘(D) NOTICE AND EX PARTE ORDERS.—In- ‘‘(ii) with respect to the particular mate- subparagraph (C) may, not later than 60 days junctive relief under this paragraph shall not rial or activity at issue, has not knowingly after the order takes effect, apply to have be available without notice to the service permitted its computer server to be used to the order rescinded. A United States mag- provider and an opportunity for such pro- engage in activity that the provider knows is istrate judge shall hear and determine that vider to appear before the court, except for prohibited by this section, with the specific application. At that hearing the law enforce- orders ensuring the preservation of evidence intent that such server be used for such pur- ment agency that sought the order shall or other orders having no material adverse pose. have the burden to show, by a preponderance effect on the operation of the communica- ‘‘(2) COURT ORDER TO INTERACTIVE COM- of the evidence, that the site was being used tions network of the service provider. PUTER SERVICE PROVIDERS.— by that alleged violator to violate this sec- ‘‘(4) ADVERTISING OR PROMOTION OF NON- ‘‘(A) APPLICATION.—A Federal or State law tion. INTERNET GAMBLING.— enforcement agency, acting within its au- ‘‘(3) INJUNCTIVE RELIEF.— ‘‘(A) DEFINITIONS.—In this paragraph: thority and jurisdiction and having reason to ‘‘(A) IN GENERAL.—The United States, or a ‘‘(i) CONDUCTED.—With respect to a gam- believe that a particular online site residing State law enforcement agency acting within bling activity, that activity is ‘conducted’ in on a computer server owned, controlled, or its authority and jurisdiction, may, not less a State if the State is the State in which the operated by or for the provider is being used than 24 hours following the issuance to an gambling establishment (as defined in sec- by another person to violate this section, interactive computer service provider of an tion 1081) that offers the gambling activity may apply ex parte to a United States mag- order described in paragraph (2)(B), in a civil being advertised or promoted is physically istrate judge for an order to such provider action, obtain a temporary restraining order, located. under this paragraph to take the actions de- or an injunction to prevent the use of the ‘‘(ii) NON-INTERNET GAMBLING ACTIVITY.— scribed in subparagraph (D). interactive computer service by another per- The term ‘non-Internet gambling activity’ ‘‘(B) ORDER.—The magistrate judge shall son in violation of this section. means— issue the order sought under subparagraph ‘‘(B) LIMITATIONS.—Notwithstanding any ‘‘(I) a gambling activity in which the plac- (A) upon a showing of probable cause to be- other provision of this section, in the case of ing of the bet or wager is not conducted by lieve the particular on line site is being so any application for a temporary restraining the Internet; or used. order or an injunction against an interactive ‘‘(II) a gambling activity to which the pro- ‘‘(C) NOTICE.—Seventy-two hours after the computer service provider described in para- hibitions of this section do not apply. latter of— graph (1)(B) to prevent a violation of this ‘‘(B) IMMUNITY FROM LIABILITY FOR USE BY ‘‘(i) giving notice to the alleged violator of section— ANOTHER.— the order under subparagraph (B); or ‘‘(i) arising out of activity described in ‘‘(i) IN GENERAL.—An interactive computer ‘‘(ii) making reasonable efforts to notify paragraph (1)(A)(i), the injunctive relief is service provider described in clause (ii) shall the alleged violator of the order; limited to— not be liable, under any provision of Federal the law enforcement agency shall give the ‘‘(I) an order restraining the provider from or State law prohibiting or regulating gam- provider a copy of the court order. At that providing access to an identified subscriber bling or gambling-related activities, or time the order shall take immediate effect. of the system or network of the interactive under any State law prohibiting or regu- An alleged violator may, however, contest computer service provider, if the court deter- lating advertising and promotional activi- the order by requesting an expedited hearing mines that there is probable cause to believe ties, for—

VerDate 11-MAY-2000 04:08 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.002 pfrm02 PsN: H17PT1 H6060 CONGRESSIONAL RECORD — HOUSE July 17, 2000 ‘‘(I) content, provided by another person, provider of a notice described in paragraph or for a multi-State lottery operated jointly that advertises or promotes non-Internet (2)(B), in a civil action, obtain a temporary between 2 or more States in conjunction gambling activity that violates such law (un- restraining order, or an injunction, to pre- with State lotteries if— less the provider is engaged in the business vent the use of the interactive computer ‘‘(i) each such lottery is expressly author- of such gambling), arising out of any of the service by another person to advertise or ized, and licensed or regulated, under appli- activities described in paragraph (1)(A) (i) or promote non-Internet gambling activity that cable State law; (ii); or violates a Federal law, or a law of the State ‘‘(ii) the bet or wager is placed on an inter- ‘‘(II) content, provided by another person, in which such activity is conducted that proactive computer service that uses a private that advertises or promotes non-Internet hibits or regulates gambling or gambling-re- network or a closed-loop subscriber based gambling activity that is lawful under Fed- lated activities, as applicable. The proce- service regulated and operated by the State eral law and the law of the State in which dures described in paragraph (3)(D) shall lottery or its expressly designated agent for such gambling activity is conducted. apply to actions brought under this subpara- such activity; ‘‘(ii) ELIGIBILITY.—An interactive com- graph, and the relief in such actions shall be ‘‘(iii) each person placing or otherwise puter service is described in this clause only limited to— making that bet or wager is physically lo- if the provider— ‘‘(i) an order requiring the provider to re- cated when such bet or wager is placed at a ‘‘(I) maintains and implements a written move or disable access to the advertising or facility that is open to the general public; or electronic policy that requires the pro- promotion of non-Internet gambling activity and vider to terminate the account of a sub- that violates Federal law, or the law of the ‘‘(iv) each such lottery complies with sec- scriber of its system or network expedi- State in which such activity is conducted, as tions 1301 through 1304, and other applicable tiously following the receipt by the provider applicable, at a particular online site resid- provisions of Federal law; of a notice described in paragraph (2)(B) al- ing on a computer server controlled or oper- ‘‘(B) any otherwise lawful State-regulated leging that such subscriber maintains a ated by the provider; parimutuel wagering activities on live horse website on a computer server controlled or ‘‘(ii) an order restraining the provider from or dog racing, or live jai alai, conducted on operated by the provider for the purpose of providing access to an identified subscriber a closed-loop subscriber-based system, pro- engaging in advertising or promotion of non- of the system or network of the provider, if vided that the type of wagering activity has Internet gambling activity prohibited by a the court determines that such subscriber been authorized by the State. Federal law or a law of the State in which maintains a website on a computer server ‘‘(C) any otherwise lawful bet or wager such activity is conducted; controlled or operated by the provider that (other than a bet or wager described in sub- ‘‘(II) with respect to the particular mate- the subscriber is knowingly using or know- paragraph (A)) that is placed, received, or rial or activity at issue, has not knowingly ingly permitting to be used to advertise or otherwise made wholly intrastate, if such permitted its computer server to be used to promote non-Internet gambling activity that bet or wager, or the transmission of such in- engage in the advertising or promotion of violates Federal law or the law of the State formation, as applicable is— non-Internet gambling activity that the pro- in which such activity is conducted; and ‘‘(i) expressly authorized, and licensed or vider knows is prohibited by a Federal law or ‘‘(iii) an order restraining the provider of regulated by the State in which such bet or a law of the State in which the activity is the content of the advertising or promotion wager is initiated and received, under appli- conducted, with the specific intent that such of such illegal gambling activity from dis- cable Federal and such State’s laws; and server be used for such purpose; and seminating such advertising or promotion on ‘‘(ii) placed on a closed-loop subscriber ‘‘(III) at reasonable cost, offers residential the computer server controlled or operated based service; or customers of the provider’s Internet access by the provider of such interactive computer ‘‘(D) any otherwise lawful bet or wager service, if the provider provides Internet ac- service. (other than a bet or wager in any class III cess service to such customers, computer ‘‘(E) APPLICABILITY.—The provisions of game conducted by a tribe that is not explic- software, or another filtering or blocking subparagraphs (C) and (D) do not apply to itly authorized by an applicable tribal-State system that includes the capability of fil- the content described in subparagraph compact between that tribe and the State tering or blocking access by minors to online (B)(i)(II). where the tribe is located) that is— Internet gambling sites that violate this sec- ‘‘(5) EFFECT ON OTHER LAW.— tion. ‘‘(i) placed on a closed-loop subscriber ‘‘(A) IMMUNITY FROM LIABILITY FOR COMPLI- based service or a private network; and ‘‘(C) NOTICE TO INTERACTIVE COMPUTER ANCE.—An interactive computer service pro- ‘‘(ii) is lawfully received by a federally rec- SERVICE PROVIDERS.— vider shall not be liable for any damages, ognized Indian tribe, or the sending, receiv- ‘‘(i) NOTICE FROM FEDERAL LAW ENFORCE- penalty, or forfeiture, civil or criminal, ing, or inviting of information assisting in MENT AGENCY.—If an interactive computer under Federal or State law for taking in the placing of any such bet or wager, if the service provider receives from a Federal law good faith any action described in para- enforcement agency, acting within its au- game is permitted under and conducted in graphs (2)(A), (4)(B)(ii)(I), or (4)(C) to comply accordance with the Indian Gaming Regu- thority and jurisdiction, a written or elec- with a notice described in paragraph (2)(B), tronic notice described in paragraph (2)(B), latory Act, so long as each person placing, or complying with any court order issued receiving, or otherwise making such a bet or that a particular online site residing on a under paragraph (3) or (4)(D). computer server owned, controlled, or oper- wager, or transmitting such information, is ‘‘(B) DISCLAIMER OF OBLIGATIONS.—Nothing physically located on Indian lands (as that ated by or for the provider is being used by in this section may be construed to impose another person to advertise or promote non- term is defined in section 4 of the Indian or authorize an obligation on an interactive Gaming Regulatory Act) when such person Internet gambling activity that violates a computer service provider described in para- Federal law prohibiting or regulating gam- places, receives, or otherwise makes the bet graph (1)(B)— or wager. bling or gambling-related activities, the pro- ‘‘(i) to monitor material or use of its serv- ‘‘(2) BETS OR WAGERS MADE BY AGENTS OR vider shall expeditiously take the actions de- ice; or PROXIES.— scribed in paragraph (2)(A) (i) or (ii) with re- ‘‘(ii) except as required by a notice or an ‘‘(A) IN GENERAL.—Paragraph (1) does not spect to the advertising or promotion identi- order of a court under this subsection, to fied in the notice. apply in any case in which a bet or wager is gain access to, to remove, or to disable ac- placed, received, or otherwise made by the ‘‘(ii) NOTICE FROM STATE LAW ENFORCEMENT cess to material. AGENCY.—If an interactive computer service use of an agent or proxy using the Internet ‘‘(C) RIGHTS OF SUBSCRIBERS.—Nothing in or an interactive computer service. provider receives from a State law enforce- this section may be construed to prejudice ‘‘(B) QUALIFICATION.—Nothing in this para- ment agency, acting within its authority and the right of a subscriber to secure an appro- jurisdiction, a written or electronic notice graph may be construed to prohibit the priate determination, as otherwise provided owner operator of a parimutuel wagering fa- described in paragraph (2)(B), that a par- by law, in a Federal court or in a State or ticular online site residing on a computer cility that is licensed by a State from em- local tribunal or agency, that the account of ploying an agent in the operation of the ac- server owned, controlled, or operated by or such subscriber should not be terminated for the provider is being used by another per- count wagering system owned or operated by pursuant to this subsection, or should be re- the parimutuel facility. son to advertise or promote non-Internet stored. ‘‘(3) ADVERTISING AND PROMOTION.—The gambling activity that is conducted in that ‘‘(e) AVAILABILITY OF RELIEF.—The avail- prohibition of subsection (b)(1)(B) does not State and that violates a law of that State ability of relief under subsections (c) and (d) prohibiting or regulating gambling or gam- shall not depend on, or be affected by, the apply to advertising, promotion, or other bling-related activities, the provider shall initiation or resolution of any action under communication by, or authorized by, anyone expeditiously take the actions described in subsection (b), or under any other provision licensed to operate a gambling business in a paragraph (2)(A) (i) or (ii) with respect to the of Federal or State law. State. advertising or promotion identified in the ‘‘(f) APPLICABILITY.— ‘‘(g) RULE OF CONSTRUCTION.—Nothing in notice. ‘‘(1) IN GENERAL.—Subject to paragraph (2), this section may be construed to affect any ‘‘(D) INJUNCTIVE RELIEF.—The United the prohibition in this section does not apply prohibition or remedy applicable to a person States, or a State law enforcement agency, to— engaged in a gambling business under any acting within its authority and jurisdiction, ‘‘(A) any otherwise lawful bet or wager other provision of Federal or State law.’’. may, not less than 24 hours following the that is placed and received, or otherwise (b) TECHNICAL AMENDMENT.—The analysis issuance to an interactive computer service made wholly intrastate for a State lottery, for chapter 50 of title 18, United States Code,

VerDate 11-MAY-2000 04:08 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.002 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6061 is amended by adding at the end the fol- Association of Attorneys General, Now, no one disputes that we ought lowing: NAAG, who came to Senator KYL in to regulate these offshore gambling ca- ‘‘1085. Internet gambling.’’. the Senate and to myself in the House sino interests in the Antilles and Anti- SEC. 3. REPORT ON ENFORCEMENT. and said that the 1961 Wire Act prohib- gua. No one disputes that we ought to Not later than 3 years after the date of en- iting gambling interstate on electronic have that on the books. actment of this Act, the Attorney General means of communications is out of Let me say at the beginning that I shall submit to Congress a report, which shall include— date and needs to be updated. That is applaud the gentleman from Virginia (1) an analysis of the problems, if any, as- what this bill responds to. They strong- (Mr. GOODLATTE) and applaud the gen- sociated with enforcing section 1085 of title ly support the legislation, as does the tleman from Louisiana (Mr. TAUZIN) 18, United States Code, as added by section 2 National Coalition Against Gambling for their efforts to put those provisions of this Act; Expansion. in this bill. (2) recommendations for the best use of the I would like to thank a number of But do my colleagues know what? In resources of the Department of Justice to en- Members for their help with this legis- creating those provisions, they have force that section; and lation: the gentleman from Virginia created numerous other problems by (3) an estimate of the amount of activity (Mr. WOLF); the gentleman from Lou- and money being used to gamble on the carving out all these exemptions for Internet. isiana (Mr. TAUZIN), chairman of the these special interests gaming oper- SEC. 4. SEVERABILITY. Subcommittee on Telecommuni- ations. Really, this language has come If any provision of this Act, an amendment cations, Trade and Consumer Protec- from the Christian Coalition. I thought made by this Act, or the application of such tion from the Committee on Com- that the Congress ought to be the one provision or amendment to any person or merce, which helped to work out addi- that writes legislation, not the Chris- circumstance is held to be unconstitutional, tional language to make it absolutely tian Coalition. It is ironic that the the remainder of this Act, the amendments clear that this legislation does not ex- Christian coalition wants to have an made by this Act, and the application of this pand gambling in any way, shape, or exception for dog racing. The Christian Act and the provisions of such amendments form; the gentleman from New York to any other person or circumstance shall Coalition does not seem to have a prob- not be affected thereby. (Mr. NADLER) who helped to work out lem with that, but they have a problem new language in the legislation related The SPEAKER pro tempore. Pursu- with State lotteries providing nec- to due process rights for those who essary educational funds for their kids ant to the rule, the gentleman from may have their sites taken down or Virginia (Mr. GOODLATTE) and the gen- in the different States. blocked. In addition to that, this legislation tleman from Michigan (Mr. CONYERS) I would like to thank the gentleman also does not do enough to protect the each will control 20 minutes. from Florida (Mr. WEXLER) and the The Chair recognizes the gentleman important sovereignty that exists be- gentleman from Florida (Mr. HASTINGS) tween Native American tribes and our from Virginia (Mr. GOODLATTE). for their leadership on this issue as Mr. GOODLATTE. Mr. Speaker, I Federal Government, something that well as the gentleman from Virginia yield myself 3 minutes. the majority continues to trample on (Mr. BOUCHER Mr. Speaker, the Internet Gambling ) who has been very sup- at every single turn. portive. Prohibition Act is designed to respond As vice chair of the Native American I would like to thank the gentleman to a major scourge on the Internet. Caucus, I just am so upset that this bill from Texas (Mr. ARMEY), the majority would ignore the important sov- There are now, more than 700 unregu- leader, and the gentleman from Illinois lated out-of-control Internet casino- ereignty provisions that the States (Mr. HYDE), chairman of the Com- style gambling sites on the Internet. have worked out with these tribes, the mittee on the Judiciary, for their sup- Federal tribe relationship. It is a sov- Sports betting may be even larger than port of this legislation, which I believe the casino gambling. The proposals ereign relationship. will pass with overwhelmingly strong Finally, the gentleman from Virginia now, not by any of the States, but by bipartisan support. (Mr. GOODLATTE) understands that some who would ask that the States Mr. CONYERS. Mr. Speaker, I yield these Internet service providers, the begin to provide the sale of lottery myself 30 seconds. tickets online in people’s homes, some- Mr. Speaker, let me say from the very people that are charged with po- thing that a great many people are outset that I believe that it is highly licing this bill, are unequipped to deal very concerned about. inappropriate to consider a controver- with this. The fact is that we have an The bill allows the use of the Inter- sial deeply flawed bill on the Suspen- Internet that is in its infancy. We all net by the States for the sale of lottery sion Calendar. This is the wrong proc- know the Internet is in its infancy. My tickets in public places where children ess because I and other Members have colleagues are going to put the regu- can be screened out. But there are amendments we want to offer that we latory burden, the enforcement burden those who stand to make tens of mil- are foreclosed from offering in this for these regulations on these Internet lions of dollars selling lottery services process. service providers, many of whom are to the States to sell those tickets on- So on that basis alone, I believe this woefully inadequate to do so. So it is line. No State does that today. This suspension ought to be rejected. The going to create a real hell of a time for bill prevents that from occurring. most controversial aspect of it are the these Internet service providers. The bill is supported by a wide array carve-outs for the powerful special in- So let me just say that, while my col- of organizations, including the Na- terests. leagues have the Attorneys General on tional Collegiate Athletic Association, Mr. Speaker, I yield 4 minutes to the their side, we have the governors. the National Football League, the Na- distinguished gentleman from Rhode Every governor, the Governors’ Asso- tional Basketball Association, Major Island (Mr. KENNEDY). ciation, has written strongly opposing League Baseball, the National Hockey Mr. KENNEDY of Rhode Island. Mr. this legislation because it would abso- League, all concerned about sports bet- Speaker, the gentleman from Michigan lutely gut the funding for the nec- ting online, particularly by children. just pointed out that there are carve- essary programs that many of these The bill is supported by a wide array outs for horse racing and Jai-Alai and governors rely on in order to provide of religious organizations, the National dog racing. How are we going to have a our very constituencies with the edu- Council of Churches, the Presbyterian realistic bill if Jai-Alai and dog racing cational funding that we need. Church of the United States, the Fam- and all these others have exemptions Finally, let me just say we need more ily Research Council, Focus on the carved out? money in education. The thought that Family, the Christian Coalition, Jerry The real rub in this bill is that, while my colleagues are going to take money Falwell Ministries, the American Fam- those have exceptions, State lotteries away from education in our States at a ily Association, the United Methodist do not. I think we would also agree time when we need more of it is just Church, the Southern Baptist Conven- that our State lotteries are perhaps the absolutely incredible to me. The fact tion, the Home School Legal Defense best form of gaming we have out there that they carve out exceptions for Association. and that they are giving legitimate these other gambling operations, while But the bill’s original purpose is dollars to our States, for the education not carving out an exemption, for ex- served by the request of the National of our kids, for education, for housing. ample, for State lotteries, to me, it

VerDate 11-MAY-2000 04:08 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.002 pfrm02 PsN: H17PT1 H6062 CONGRESSIONAL RECORD — HOUSE July 17, 2000 just does not make any sense. State Finally, we do not have to worry Internet. Now we understand the true lotteries ought to be the ones that we about children logging on to the pari- principle. It is important that people at least carve out an exemption for, mutuels and placing bets. Individuals be able to do what the Republican not these others. would have to participate in a closed- Party wants them to do on the Inter- So I just cannot say that this is a loop subscriber-based service to wager net. If the Republican Party has no ob- good bill. I agree with the gentleman on horses, greyhounds, or Jai-Alai. It jection, then they can do it. But if the from Michigan (Mr. CONYERS), we does not get brought into the home un- Republican Party thinks there are pic- ought to consider this bill on regular less a person wants it. tures they should not look at, or per- calendar and regular order so that we The bill strikes a perfect balance for haps booze they should not buy, or bets can have a deeper dialog and discussion what is needed, a prohibition on Inter- they should not make, then freedom about the very controversial nature of net casino gambling and a preservation for the Internet goes away. this legislation. of the rights of States to regulate the This is a very intrusive regulation of b 1415 parimutuel industry. the Internet. This notion that citizens References were made by my re- ought to be able to make their own de- Mr. GOODLATTE. Mr. Speaker, I spected colleague and friend with re- cisions about what to do over the Web yield myself 1 minute to say to the spect to the effect of education dollars now stands revealed as a very insuffi- gentleman that not every governor of this bill. Speaking as a representa- cient idea. In fact, we were told we agrees. In fact, we have a real problem tive of the State of Florida, let there must protect children against this be- here with forged letters from gov- be no mistake, the State lottery of cause children live in houses with par- ernors, as indicated on the front page Florida has not added, relatively, a sin- ents with computers, and we must not of Roll Call and in The New York gle penny to the schools and to the allow the parents to be the ones who Times, with a letter being circulated education coffers of the State of Flor- decide what their children do. We, the by opponents of this legislation claim- ida. Just the opposite. Federal Government, will step in and ing that Governor Jeb Bush of Florida Mr. Speaker, I urge support of the we will protect children from that wrote a letter in opposition to the bill bill. Internet, which will reach out and grab when in point of fact no such thing oc- Mr. CONYERS. Mr. Speaker, I yield them when their parents are not look- curred. The Florida Department of Law myself 15 seconds. ing. Enforcement is now investigating the It may be that my friend from Vir- Another principle that appears to be matter. ginia is not aware of the latest version on its last legs that the Republican I would also say to the gentleman of his bill that eliminates the require- Party sometimes professes support for that there are no exemptions in this ments that wagers on horse racing, dog is that of States’ rights. I understand legislation for horse racing. That is racing, and Jai-Alai be initiated from a the governor of Florida has said that why all of these groups are supporting State in which such betting or wager- was not an accurate letter from him. I this legislation. And who would know ing is lawful and received in a State in also understand that we would need better than the reporters for the racing which such betting is lawful. subpoena power to get the governor of industry. Here is the headline in the Mr. Speaker, I yield 5 minutes to the Florida to tell us what he really thinks Daily Racing Form: ‘‘Internet bill said gentleman from Massachusetts (Mr. about this. And since I, at least, do not to lose exemption for racing.’’ Blood FRANK). have that vote, I cannot tell. The gov- Horse Magazine: ‘‘Racing to lose Inter- Mr. FRANK of Massachusetts. Mr. ernor of Florida has said he will not net bill exemptions.’’ Speaker, I hope people approaching the tell us his position, but most of the The fact of the matter is this bill has Capitol will be careful because they governors are against it. been carefully crafted with the assist- might stumble on the increasingly And I was particularly struck when ance of the gentleman from Louisiana growing pile of discarded Republican my friend from Florida said, well, pari- (Mr. TAUZIN) to make it absolutely ideas. mutuel betting should be an exemp- clear that while parimutuel betting is In Sunday’s Washington Post, there tion, although it is an exemption that treated fairly, they are not in any way was an excellent article by Stephen the author of the bill says does not exempt or carved out under this legis- Moore of the Cato Institute docu- exist. But the gentleman from Florida, lation. menting the extent to which the Re- defending that nonexistent exemption, Mr. Speaker, I yield 2 minutes to the publican Party in the House has aban- says, well, parimutuel betting is con- gentleman from Florida (Mr. WEXLER). doned its notion of controlling spend- trolled by the States and Jai-Alai is Mr. WEXLER. Mr. Speaker, I rise ing. I recommend people read Mr. controlled by the States. Well, are lot- today in support of H.R. 3125. Moore’s article. He used to be a con- teries run by the States not controlled I strongly support this bill for three sultant to the Republicans on the Com- by the States? This bill makes it ille- primary reasons: first, it gives law en- mittee on the Budget. He said the Re- gal for States to decide that they wish forcement the ability to block offshore publicans have given up really on con- to use the Internet for their lotteries. casino Web sites; second, the bill pro- trolling spending. They spend it wrong, Now, remember, the State would tects children from gambling; and, in some ways; but they spend a lot of have a decision to stay off the Internet third, it protects the rights of States it. if it want wanted to. So here we have a to continue governing a legal, regu- In this morning’s Washington Post, bill that says to the States that we will lated, taxpaying industry, the pari- we have another Republican idea of tell them, the States, that they may mutuel industry. yore biting the dust: term limits. Some not use the Internet for their lottery Parimutuel gaming is and always has people with very long memories, incon- distribution. What a two-fer: two great been a State issue. States control pari- venient ones, will remember term lim- principles with one stone. First of all, mutuel gaming, and they control it efits. It used to be part of the Contract freedom of the Internet; secondly, fectively. It is an industry that is high- With America. Some people do not re- States’ rights. Bang, they both go with ly regulated, pays taxes and has a remember the Contract With America, or this bill. spectable place in the States many of the contract of Mr. Gingrich; but term Here we say to the States we will let us represent. States do not, however, limits has also been discarded. It cited parimutuel gambling go on, because control casinos on Indian reservations. cases of the Republican leadership urg- that is a closed loop, and that is okay They certainly do not control offshore ing Members to break their pledge with because States have regulated that. casino Web sites, of which there are at regard to term limits. And my friend from Florida said the least 700, many of them in the Carib- Well, today two more old Republican State lottery in Florida has not given bean, which are not regulated and not principles bite the dust. One was not Florida enough money for education, taxed. that old, because the Internet is not has not given them any money for edu- I have heard concerns about cheating that old. But we used to hear about cation. I am sorry about that, but I on the Internet. Parimutuel bets, how- freedom of the Internet. We used to will tell my colleague that in the State ever, are safe bets, equally safe made in hear how important it was that people of Massachusetts the lottery has, I person or at a simulcast. be allowed to do what they want on the think, been very helpful for education.

VerDate 11-MAY-2000 04:08 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.008 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6063 I do not understand why this Congress Mr. SCOTT. Mr. Speaker, I thank the virtual casino games has become a very ought to interfere with the decision by gentleman for yielding me this time, lucrative business. the people of Massachusetts and the and I rise in opposition to the bill. b 1430 governor and the legislature of Massa- Unfortunately, H.R. 3125 will actu- chusetts to use the Internet. ally do nothing to stem the tide of These Web sites are not regulated, Now, understand what we have been Internet gambling. In fact, the bill con- taxed or licensed by the States and are told. If the States want to act to make stitutes a significant step backwards available to the public, including those sure that retailers in a downtown are for several reasons. who are underage and would not be al- not disadvantaged in the collection of First, it provides for extended Inter- lowed in an actual gambling facility, sales taxes, we will get in their way. net gambling in the areas of horse rac- on the open Internet. But if the States want to put their lot- ing, dog racing, and Jai-Alai. And there New sites offering games such as tery on the Internet, we, the Federal seems to be some question about that, blackjack and roulette crop up each day, and the industry has plans for Government, will interfere, if this bill so I will just read from the bill, start- major expansion next year if the issue passes; and we will tell them to forget ing on page 34: ‘‘The prohibition in this is not addressed legislatively by Con- all that stuff they read about Internet section does not apply to,’’ and when freedom because if the Federal Govern- gress in this session. we turn to page 35 it says, ‘‘any other- H.R. 3125 effectively addresses the ment does not like what the States are wise lawful State regulated parimutuel doing on the Internet, to use a tech- problems created by these sites, clari- waging activities on live horse or dog fies Federal law, and gives the authori- nical parliamentary term ‘‘freedom racing or live Jai-Alai conducted on a schmeedom.’’ We will interpose our su- ties the tools necessary to regulate closed-loop subscriber-based system.’’ Internet gambling activities. At the perior morality and tell the States That closed-loop subscriber-based sys- that gambling is not right; and, there- same time, the bill establishes a regu- tem is about as hard to get on as open- latory framework for Internet gaming fore, while the State may choose to ing up an Internet brokerage account have a lottery, and individuals may activities that recognizes the leader- to trade stocks. About anybody can do ship role that should be played by the choose to use the Internet for that lot- it. As a result of these exemptions, the tery, we, the Federal Government, individual States in regulating legal bill will proliferate rather than pro- gaming activities they have already know better than the States and we hibit gambling over the Internet, and know better than the individuals. authorized. that is because people would rather Mr. Speaker, the Senate companion I do not think that I have seen in one gamble at home rather than having to piece of legislation a more stunning re- bill passed the Senate late last year by go all the way to the track. unanimous consent and we are ripe to pudiation of principles. In addition, the bill will not effec- Mr. GOODLATTE. Mr. Speaker, I enact legislation clarifying the com- tively prohibit those gambling inter- plex issue of Internet gambling. If H.R. yield 11⁄2 minutes to the gentleman ests it actually seeks to stop because 3125 is not passed this year, it will like- from Nevada (Mr. GIBBONS). offshore the Federal Government has Mr. GIBBONS. Mr. Speaker, I thank ly be too late to stop the problems no authority to close those particular the gentleman for yielding me this caused by these unregulated gambling Web sites. We can tell AOL or another time, and I rise in strong support of the businesses. H.R. 3125 is a good bill that Internet Gambling Prohibition Act. As company to shut down a domestic site, works, as is evidenced by the broad an original cosponsor, I urge all my but we have no authority to shut down level of support that it has garnered colleagues to support this very impor- something offshore in a rogue nation from various groups and on both sides tant bill. for which we have no diplomatic rela- of the aisle. After listening to my colleague from tions. That will give them essentially a I would like to urge my colleagues to Massachusetts, I hope we can all come complete exclusive franchise to run join me in voting for this practical and back to reality for just a minute. Ev- these operations. necessary legislation and working to eryone, including Republicans and Lastly, the bill is not effective be- enact the Internet Gambling Prohibi- Democrats, would agree the Internet is cause it provides no individual liabil- tion Act into law. a great educational tool and a valuable ity. While it makes activities by cer- I also would like to clarify the fact source of information and communica- tain gambling entities running the op- that lotteries are not affected. Lot- tion. However, American families must eration illegal, it does not make it ille- teries are regressive. And we all know be protected from the dangers associ- gal for the individual to gamble. that. ated with unrestricted and unregulated For that reason, Mr. Speaker, the Mr. GOODLATTE. Mr. Speaker, it is gaming. title of the bill, the Internet Gambling my pleasure to yield 3 minutes to the In States like Nevada, the gaming in- Prohibition Act, is one that I am sure gentleman from Virginia (Mr. WOLF) a dustry is well regulated and its activi- a lot of Americans will support. But real champion in the fight against ties are tightly monitored. However, this bill will actually expand gambling gambling. allowing gambling to be conducted on for horse racing, dog racing, and Jai- (Mr. WOLF asked and was given per- the Internet would open the floodgates Alai. It will be ineffective in stopping mission to revise and extend his re- for corruption, abuse, and fraud. Not casino gambling and sports betting run marks.) only could unscrupulous operators bilk by offshore businesses and, as a result, Mr. WOLF. Mr. Speaker, this will not millions of unsuspecting customers, the Internet Gambling Prohibition Act expand gambling. I rise in strong sup- but our children could easily obtain is more sound bite than reality; and, port. I can stand here all day to cat- their parents’ credit cards, turn their therefore, I must oppose the legisla- egorize the number of hurt and pain bedrooms into casinos, and with these tion. and suffering and agony and even death sites unknowingly squander their fami- Mr. GOODLATTE. Mr. Speaker, I of many young people who get involved lies’ hard-earned money. yield 2 minutes to the gentleman from in gambling. Gambling hits the poor, The Internet Gambling Prohibition Florida (Mr. HASTINGS). the elderly and, sadly, the young. Act provides the necessary tools for (Mr. HASTINGS of Florida asked and I want to share that every Member of law enforcement officials to crack was given permission to revise and ex- this body who was here when the Na- down on these fly-by-night Internet tend his remarks.) tional Gambling Commission was es- gambling sites. I urge my colleagues to Mr. HASTINGS of Florida. Mr. tablished, voted for the National Gam- support this bipartisan bill which will Speaker, I thank the gentleman for bling Commission, which issued a re- protect our children, our homes, and yielding me this time, and I thank him port, and it said as follows: Simply put, our technology from fraudulent, un- for his leadership on this particular ‘‘Adolescent gamblers are more likely scrupulous, and unregulated Internet measure. to become problem or pathological gaming and gambling site operators. Mr. Speaker, today I have come to gamblers. Several studies have shown Mr. CONYERS. Mr. Speaker, I yield 3 the floor to speak on behalf of H.R. the link between youth gambling and minutes to the gentleman from Vir- 3125, the Internet Gambling Prohibi- its association with alcohol and drug ginia (Mr. SCOTT), the ranking member tion Act. As my colleagues may know, use, truancy, low grades, illegal activi- of the subcommittee. unregulated Internet gambling through ties to finance gambling.’’

VerDate 11-MAY-2000 04:45 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.010 pfrm02 PsN: H17PT1 H6064 CONGRESSIONAL RECORD — HOUSE July 17, 2000 The Commission goes on to strongly Terrebonne Parish (La.) District Attorney’s ‘‘More than half the state’s adult popu- support the bill of the gentleman from Office’s Bad Check Enforcement Program, lation has visited a casino, either in Michi- Torres has heard some doozies. ‘‘I’ve seen Virginia (Mr. GOODLATTE). The Com- gan or elsewhere, a statewide poll shows. . . . people lose their homes, their retirements mission reported in 28 percent of the People at the top and bottom of the income wiped out, their marriage. People losing ev- scale are the biggest spenders at the casinos cases where children carried a gun to erything they have,’ Torres said. Gambling, Those making less than $15,000 a year spend school, gambling was a factor. specifically video poker, is starting to catch $172 per visit, and those earning more than This legislation would address an in- up with drugs and alcohol as a precursor to $100,000 per year spend $161 per visit. People dustry that has grown overnight on the local crime . . . ‘‘Torres and the District in the $30,000–$45,000 income bracket spend Web virtually without anyone focusing Attorney’s Office recently noticed an inter- the least, reporting an average of $87.40 per on it until the gentleman from Vir- esting trend while profiling bad-check writ- visit. ‘‘Pollster Ed Sarpolus noted that the ers: a large number of their suspects are age groups most likely to visit casinos are ginia (Mr. GOODLATTE) did. video poker addicts. ‘We’re not talking about As the gambling commission noted, between 18 and 24, and between 50 and 54.’’ people who mistakenly write a check for gro- (Detroit Free Press, 11/17/99) youth gambling like youth smoking is ceries at Winn-Dixie for $25.33,’ Torres said. ‘‘Tethered to his post by a curly plastic often an issue of accessibility and mar- ‘We’re talking about people who are writing cord that stretched from his belt loop to a keting. Nothing is more accessible to checks for $25 or $30 eight times a day at lo- frequent-player card inserted in a Black, young people that we now have than cations with video machines or places in Widow slot machine, James Lint pondered. the Internet. close proximity of video poker machines.’ What happens to the little guy when casinos ‘‘So far this year, Torres’ office has collected I urge my colleagues, if we miss this come to town? $320,000 for Terrebonne Parish merchants ‘‘‘I see a lot of people leave with tears in opportunity, more children will be hurt who were given 3,600 worthless checks. their eyes,’ said the Georgia businessman, and go through pain and suffering and Torres said about 30% of those bad checks taking a short break from the machine in Bi- agony and even death. This is an oppor- are connected to gambling. ‘‘ ‘It’s eating peo- loxi’s Beau Rivage casino. ‘They come here tunity to do what the National Com- ple up,’ he said. ‘It’s real sad when people too much, and they spend too much money.’ mission says we should do. This is an don’t have a dollar. No money for food be- ‘‘Lint, who flies his private plan to Biloxi opportunity to do what most people cause of gambling addictions. I’ve seen it up three times a year to kick back at the casi- close, and video poker plays a large role in nos, doesn’t count himself among the ranks know is absolutely right. the problem.’ ’’ (The Courier [Houma, La.], 8/ I urge my Members, particularly of those who gamble away what they cannot 28/99) afford. But some people do lose their grocery those who say they are for strong fam- ‘‘Rodney Stout, 25, of Pine Bluff (Ark.) was money to slot machines, and no one—not ca- ily values and they care about the fu- sentenced Friday to 30 years in prison for ab- sino operators, not gung-ho promoters of the ture of young people and they care ducting Stacey Polston of Jacksonville and industry—denies it. about all these issues, to come to the her 18-month-old daughter at gunpoint and ‘‘It would be hard to: The Mississippi Coast House tonight when we vote and vote stealing Polston’s van.... Stout was under has been at the center of several high-profile financial pressure, he said. He had a ‘gam- compulsive gambling incidents, including aye on the Goodlatte bill. bling problem’ that came to a head when he I would like to also put a list of the one involving two famous writers, brothers gambled away $5,000 he had set aside for who squandered an inheritance worth more stories we have taken off the wire serv- moving expenses.’’ (Arkansas Democrat-Ga- than $250,000 at blackjack and slots. ice in the last few months of the hurt zette, 5/9/00). ‘‘It is a hard-edged reality that happens— and the pain and the suffering and the ‘‘Former University of Southern California at casinos, at racetracks, at church bingos, agony of the people who have gotten baseball player Shon Malani was sentenced at state lottery outlets. The Mississippi involved in gambling. Wednesday to two years in federal prison for Coast has seen a 26-fold increase in the num- stealing nearly $500,000 from the federal cred- ber of Gamblers Anonymous meeting—to 13 a SAMPLE NEWS CLIPS ON GAMBLING it union where he worked. U.S. District week—since the first casino opened in 1992.’’ ‘‘As many as 500,000 Michigan adults could Judge Helen Gillmor rejected a request for (Lexington [Ky.] Herald-Leader, 9/12/99) be ‘lifetime compulsive gamblers,’ and the leniency made by Malani’s attorney, who ‘‘There is an ugly undercurrent that’s number could swell with two new Detroit ca- said he stole the money to pay off gambling sweeping away thousands of Missourians- sinos in operation and a third to open soon, debts totaling hundreds of thousands of dol- people whose addiction to gambling has led says a new state report. The survey, released lars.’’ (Associated Press, 3/1/00). to debt, divorce and crime. This is a world of ‘‘One third of 120 compulsive gamblers par- Wednesday, also found that well over half of people like Vicky, 36, a St. Charles woman ticipating in a pioneering treatment study those with gambling problems began young. who regularly left her newborn son with have either filed for bankruptcy or are in the ‘When we asked compulsive gamblers ‘‘When baby sitters to go to the casinos and who process of filing, a University of Connecticut did you start having a problem?’’ we were considered suicide, after losing $100,000. ‘‘And researcher said Tuesday. .... (Nancy) startled to learn that 77% of them said they Kathy, a homemaker and mother of two Petry said she recently gave a talk to a were already compulsive by the time they from Brentwood, who would drop her kids at group of bankruptcy lawyers who estimated were 18,’ said Jim McBryde, special assistant school and spend the entire day at a casino that as many as 20% of their clients had for drug policy in the Michigan Department playing blackjack. She used a secret credit mentioned gambling as a reason for their of Community Health.’’ (Detroit News, 1/13/ card that her husband didn’t know about to 00) problems.’’ (Hartford Courant, 6/14/00). ‘‘Of all the heroes who emerged from the rack up more than $30,000 in debt. . . . ‘‘As allies of the National Collegiate Ath- ‘‘In a three-month look at compulsive letic Association push legislation that would 1984 Los Angeles Olympics, perhaps none was more inspirational than Henry Tillman. A gambling, the Post-Dispatch found that . . . ban wagering on college sports, a new study big, tough hometown kid, he had plunged Fast-cash machines on casino floors can has- found that one out of every four male stu- into serious trouble when he was rescued in ten a problem gambler’s descent into debt, dent-athletes may be engaging in illegal a California Youth Authority lockup by a prompting the nation’s largest machine sup- sports betting—and that one in 20 places bets boxing coach who saw a young man of un- plier last month to let people deactivate directly through illegal bookies. And though common heart and untapped talent. In a lit- their cards in casinos. Hard Numbers on prevalent among student-athletes, the study tle more than two years, he would stand gambling-related crimes are elusive, but found that sports wagering activity is higher proudly atop the Olympic platform at the fraud detectives in St. Louis say they’re see- among ordinary students—39% among male Sports Arena, just blocks from his boyhood ing an increase in workers with access to nonstudent athletes. home, the gold medal for heavyweight box- money taking it to support gambling hab- ‘‘The study surveyed 648 student-athletes ing dangling from his neck. its.’’ (St. Louis Post-Dispatch, 2/6/99) and 1,035 students, both male and female, at ‘‘But two years after his mediocre pro ca- ‘‘The battle against domestic violence is three midwestern universities. The study reer ended, he was back behind bars. And gaining ground, and work by University of also found that 12% of male student-ath- now he stands accused of murder in a case Nebraska Medical Center researcher Dr. Rob- letes—roughly the same portion as nonath- that could put him away for life. ert Muelleman is helping. . . . Muelleman letes—showed signs of problem gambling. ‘‘[G]ambling got Tillman into trouble. He worked on a . . . study at the UNMC hospital About 5% of the overall athlete sample dem- was arrested in January 1994 for passing a this summer. The study has not been pub- onstrated signs of pathological gambling dis- bad credit card at the Normandie. He pleaded lished yet, so the results are not entirely orders.’’ (Las Vegas Sun, 7/6/00). no contest and got probation. In 1995, he concluded, he said, but some preliminary in- ‘‘More than 850 Internet gambling sites pleaded guilty to using a fake credit card in ferences can be drawn. ‘It looks as if problem worldwide had revenues in 1999 of $1.67 bil- an attempt to get $800 at the Hollywood gambling in the partner is going to be as lion, up more than 80% from 1998, according Park Casino in Inglewood. much a risk factor as problem alcohol and to Christiansen Capital Advisors, who track ‘‘I have suffered from a long history of that’s really new information.’ he said.’’ the industry. Revenues are expected to top $3 gambling addiction, which I am very (Daily Nebraskan, 1/13/00) billion by 2002.’’ (Reuters, 5/31/00). ashamed had taken over my life,’ Tillman ‘‘A Charlotte, N.C., postal worker is suing ‘‘Will Torres Jr. spends part of his day lis- wrote in a letter to the court.’’ (Los Angeles First Citizens Bank and Visa for his Internet tening to sad stories. As the director of the Time, 1/26/00) gambling debts—because he says it’s illegal

VerDate 11-MAY-2000 04:59 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.056 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6065 for the bank and Visa to let their credit Mr. CONYERS. Mr. Speaker, I yield This legislation is harmful and ulti- cards be used for gambling online. . . . myself 15 seconds, mainly to remind mately unenforceable. We should reject Lawers for (Mark) Eisele filed the suit, my friend from Virginia that the gam- this legislation. which seeks class action status, in the U.S. bling commission advocated a ban on Mr. GOODLATTE. Mr. Speaker, I District Court in San Francisco, where Visa International is based. . . . The suit claims Internet gambling without exception. yield myself 30 seconds to say to the Visa and First Citizens, which issued Eisele’s And that is not this bill. gentleman from Michigan (Mr. credit card, violated the federal Wire Act, Mr. Speaker, I yield 3 minutes to the CONYERS) that the National Gambling which prohibits use of wire communications gentleman from Utah (Mr. CANNON). Impact Study Commission said the services for some gambling.’’ (Las Vegas Re- Mr. CANNON. Mr. Speaker, I would Federal Government shall prohibit view-Journal, 8/18/99) like to begin by saying that I agree without new or expanded exemptions ‘‘A California bank robber returned to his with the comments of my friend the old habits after being released from a New Internet gambling not already author- gentleman from Virginia (Mr. WOLF). Jersey prison to travel to a halfway house in ized. his home state, according to bank robbery Gambling is a pernicious vice. This legislation, thanks to the good charges in at least two states. . . . H.R. 3125, the Internet Gambling Pro- work of the gentleman from Louisiana ‘‘[Noel] Miller, who had been staying at a hibition Act of 2000, is well-intentioned (Mr. TAUZIN), makes it perfectly clear New Orleans motel, told investigators he was but I do not think it succeeds in what that there are no exemptions for any- robbing banks to finance his gambling habit it is attempting to do. Instead, this one under this legislation. and to support himself.’’ (Associated Press, 6/ legislation creates legislation that is I would say to the gentleman from 1/00) unenforceable and places great regu- Utah (Mr. CANNON) that we have ‘‘A casino executive who fudged his tax re- latory burdens on Internet service pro- turns should have his license renewed any- worked very closely with Internet serv- way, New Jersey’s top casino regulator said viders and represents the first full- ice providers and we will continue to Monday. James Hurley, chairman of the blown regulation of the Internet passed do that to make sure that the burdens state Casino Control Commission, said Mi- by this body. are manageable, and they have seen rage Resorts Inc.-Atlantic City president This bill will expand gambling online and worked with us on the language Mark Juliano demonstrated ‘extremely poor and undermine the State’s authority to judgment and an acute lack of sensitivity re- contained in this bill. regulate gambling. The carve out for Mr. Speaker, I yield 1 minute to the garding his financial reporting responsibil- parimutuel betting will allow for pari- gentleman from Florida (Mr. STEARNS). ities.’ But Hurley said it wasn’t serious mutuel betting nationwide even in enough to deny Juliano a license to work in (Mr. STEARNS asked and was given New Jersey casinos. Juliano, 44, of Haddon- those States where gambling is cur- permission to revise and extend his re- field, a former president of Caesars Atlantic rently illegal. marks.) A business licensed and regulated in City Hotel Casino, wrote off $8,965 for a Mr. STEARNS. Mr. Speaker, let me one State will be allowed to take bets ‘phantom’ personal computer, reported gam- say in the beginning, let us not let the bling losses as a business expense and told from someone located in other States perfect become the enemy of the good the IRS he drove 180,000 miles on a car found regardless of whether the State where here. to have traveled only 69,000 total miles, ac- the bettor is located has authorized I commend the gentleman from Vir- cording to an investigation by the state Di- such activity. All the bettor would ginia (Mr. GOODLATTE) for his bill and vision of Gaming Enforcement.’’ (Associated need to do is dial into the licensed Press, 6/19/00) the gentleman from Louisiana (Mr. business taking the bets. This would ‘‘Brian Dean Gray, a former Richmond TAUZIN) for crafting a compromise that constitute a closed loop. Anyone who (Va.) stockbroker, pleaded guilty yesterday we can support. So I hope all the folks so desires would be able to load the in U.S. District Court to all three federal will come on board here. We can mend fraud charges against him for stealing more software to be able to perform this than $850,000 from clients and gambling function on his computer and the this bill later on if they are not happy much of it away. . . . He used more than States would not be able to enforce with it. $350,000 to gamble on horse racing, at New their laws. Opponents of this legislation cry out Jersey casinos and in card games.’’ (Rich- Internet service providers are bur- there is special legislation here cre- mond Times-Dispatch, 6/3/00) dened by being required by the Govern- ating carve-outs for specific industries. ‘‘Before casino gambling, (Atlantic City) And I say, Mr. Speaker, the carve-outs was home to numerous thriving churches of ment to act as enforcers of this law. By various denominations. But in recent years, passing this bill, we will be deputizing that they cite are not carve-outs. churches and synagogues have begun to ISPs with the task of denying their Rather, they allow for activity that is close. . . . The Rev. Patrick J. Hunt, pastor customers access to any site that al- already lawful under existing law to at (the Church of the Ascension), said the ca- lows wagering. The courts will need to continue. sino industry is helping society gradually issue a court order to each and every This legislation permits parimutuel erode. ‘We want anybody to come to church,’ wagering to operate as it has for many, Hunt said. ‘But gambling is a vice and the ISP in the country telling them to shut off access to any offending site, and the many years under Federal and State casinos do their darndest to make sure we laws. This legislation is mindful of don’t exist and that every other church ISP will be required to put in place fil- doesn’t exist.’ ’’ (Atlantic City Press, 10/11/99) ters to ensure that none of their sub- States’ rights and sovereignty and al- ‘‘A Florida man who lost about $50,000 scribers can gain access. lows States their rights to regulate ac- while gambling [in Atlantic City] during the What is the cost? Let me assure my tivity within their border, and that is past two days died Tuesday after he jumped colleagues that it is not just monetary. currently legal. So there are no carve- seven floors from a Trump Plaza Hotel and ISPs, in order to be in full compliance outs here. Casino roof onto Columbia Place, officials As such, the bill does not expand or said.’’ (Atlantic City Press, 8/18/99) with this law, will need to monitor ‘‘A German tourist jumped to his death off what sites its customers are visiting. promote gambling on the Internet. In- a 10-story casino parking garage Wednesday Keeping up with the sites that allow stead it allows for those activities as in the third such suicide in Atlantic City in gaming will be impossible for most currently permitted by States to exist. eight days.’’ On Aug. 17, a gambler who had ISPs. AOL may have the resources to This legislation has the support of a lot lost $87,000 jumped to his death off a Trump monitor the activity on every site of groups. I urge my colleagues to sup- Plaza roof. On Monday, a dealer at Caesar’s accessed by its servers, but Rocky port it. Atlantic City Hotel Casino committed sui- Mr. Speaker, let me start off by stating let's cide by leaping off the casino’s parking ga- Mount Internet based in Utah does not. rage. ISPs now have or will soon have the not let the perfect become the enemy of the ‘‘It wasn’t clear if the most recent victim technology to shield the identity of its good. The Internet Gambling Prohibition Act had been gambling. He left no suicide note.’’ customers. People will be able to ac- before us today is not a perfect bill. But it is (Associated Press, 8/25/99) cess gambling sites anonymously, ren- a step in the right direction and I commend my ‘‘A Kanawha County (W.V.) woman admit- dering it impossible for this law to be friend from Virginia, Mr. GOODLATTE, and my ted she skimmed $40,000 from her group’s enforced. With this technology, both good friend from Louisiana, Mr. TAUZIN, for bingo and raffle games Thursday, unveiling the gambling site as well as the sub- an ongoing state and federal investigation of crafting a compromise we can support. groups that operate such games. Donna J. scriber will be able to mask the address Some of the opponents of this legislation Hopkins, 50, was secretary of the Marmet from Federal agents. Any filters re- will say that this bill promotes or expands Soccer Association when she embezzled the quired by the law will, therefore, be gambling on the Internet. Nothing can be fur- money.’’ ([Charleston, W.V.] Gazette, 3/3/00) rendered useless. ther from the truth. The legislation before us

VerDate 11-MAY-2000 04:59 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\A17JY7.017 pfrm02 PsN: H17PT1 H6066 CONGRESSIONAL RECORD — HOUSE July 17, 2000 today in no way expands gambling on the Mr. Speaker, it is my pleasure to vided that they are conducted in a pub- Interent. First and foremost, the legislation of- yield 3 minutes to the gentleman from lic place. With this language, H.R. 3125 fered by my friend from Virginia prohibits gam- Louisiana (Mr. TAUZIN) the chairman now addresses the administration’s bling businesses from using the Internet to of the Subcommittee on Telecommuni- concerns and places an appropriate ban place, receive, or otherwise make a bet or cations, Trade and Consumer Protec- on gambling activities that is badly wager. It does not create new government tion, a subcommittee of the Committee needed for the country and needs to be laws, or additional regulations on the Internet, on Commerce. adopted. it merely brings the interstate gambling ban up Mr. TAUZIN. Mr. Speaker, I thank In the past couple years, online gam- to date. H.R. 3125 in no way expands gam- my friend for yielding me the time. bling has flourished into a $1 billion in- bling on the Interent and permits only activities Mr. Speaker, I rise in support of H.R. dustry with more than 700 sites in ex- that are otherwise lawful and regulated by the 3125, the Internet Gambling Prohibi- istence. The sports-related casino style states. tion Act. It is a good bill. I urge my gambling taking place over the Inter- Opponents of this legislation cry that H.R. colleagues to vote for it this afternoon. net today has, as the gentleman from 3125 is special favor legislation creating carve Back in June the subcommittee I am Virginia (Mr. WOLF) pointed out, ru- outs for specific industries. Mr. Speaker, the honored to chair, the Subcommittee on ined the lives of many Americans carve outs they cite are not carve outs, rather, Telecommunications, Trade and Con- young and old. it allows for activity that is already lawful under sumer Protection, was afforded the op- If we fail to present the President existing law to continue. This legislation per- portunity to hold a hearing on this bill. with this legislation this year, the pro- mits parimutuel wagering to operate as it has At the hearing, we learned many liferation will be enormous. Make no for many years under federal and state laws. things regarding current State and mistake. This bill needs to be passed. It This legislation is mindful of states' rights and Federal law as it applied to both inter- is neutral. It does not expand gam- sovereignty, and allows states their right to state and intrastate gambling activi- bling. It needs to be addressed. ties. regulate activity within their borders that is cur- b 1445 rently legal. As such, the bill does not expand While the existing framework gov- or promote gambling on the Internet, instead, erning such activity is not always a Mr. CONYERS. Mr. Speaker, I yield it allows for those activities as currently per- model of clarity, our hearing revealed myself 30 seconds, merely to advise my mitted by states. that this bill as it came to us to the friend from Louisiana as well as the This legislation has the support of the Na- committee explicitly legalized certain gentleman from Virginia that the tional Football League, Major League Base- interstate parimutuel gaming activi- changes that they made made the ex- ball, National Association of Attorneys Gen- ties that the Justice Department be- pansion of gambling worse. That came eral, the Christian Coalition, the Family Re- lieves are prima facie illegal under cur- from the Department of Justice, whom search Council, as well as numerous other or- rent Federal law, namely the Wire Act. you thought you were trying to satisfy. ganizations. As a result, the administration did, The Department has received a copy of Mr. Speaker, I urge my colleagues to vote in fact, oppose H.R. 3125 when we held the language, they say, which we be- in favor of this legislation. Though not perfect, our hearings and they opposed it on the lieve constitutes the amendment in- ti certainly is a step in the right direction, and grounds that first it did then expand tended to resolve concerns over the exit is the first step in battling the proliferation of gambling beyond and above what is al- emption of horse racing, dog racing, illegal gambling on the InternetÐwith future lowed by existing law according to Jus- and Jai-Alai. It is our position that Congresses free to revisit this matter and tice’s interpretation of the Wire Act this amendment may be even more amend this legislation as necessary. and, secondly, that it was not techno- problematic than the current version Mr. CONYERS. Mr. Speaker, I yield logically neutral and that it made of the bill. myself 1 minute. legal on the Internet activities that Mr. GOODLATTE. Mr. Speaker, I Mr. Speaker, I would hope that this might be illegal when conducted on yield myself 30 seconds to respond to vote would turn only on the question of phone wire. the gentleman and say that the Justice whether or not there are exemptions In response to these criticisms, my Department says that the Wire Act created in the bill. good friend the gentleman from Vir- covers these situations but does not This is the administration’s begin- ginia (Mr. GOODLATTE) and I, along prosecute anyone. Under this legisla- ning statement. ‘‘The administration with the gentleman from Virginia tion, they would have new tools re- strongly opposes H.R. 3125, which ap- (Chairman BLILEY), the gentleman quested by the National Association of pears to be designed to protect certain from Illinois (Mr. HYDE) and the gen- Attorneys General to combat this very forms of Internet gambling that are tleman from Florida (Mr. MCCOLLUM) serious problem on the Internet, and currently illegal while potentially and their staffs, recrafted the pari- that is exactly what we intend to give opening the floodgates for other forms mutuel gaming provisions of the bill as them with this legislation. There are of illegal gambling. The administration we see them today. no exemptions. We certainly do not ex- is especially troubled by the exemp- Working with the sports leagues, pand gambling. We attack the multi- tions included in the bill for pari- many religious interests and the pari- billion dollar industry that is growing mutuel wagering on activities such as mutuel gaming interests themselves, on the Internet, the 700 cybercasinos, horse races, dog races and Jai-Alai. we are happy to report that we were the sports betting, the threat of sales These exemptions could have the effect successful in coming up with the com- of lottery tickets in people’s homes. of allowing individuals to bet on dog promise language that makes it clear Mr. CONYERS. Mr. Speaker, I am and horse racing from their homes, giv- that the bill no longer draws any legal pleased to yield 3 minutes to the gen- ing children and other vulnerable popu- distinction between the Internet and tleman from California (Mr. Cox). lations unsupervised, unlimited access wire line gaming activities and, as a re- Mr. COX. Mr. Speaker, I thank the to such gambling activities.’’ sult, in no way expands gambling be- gentleman from Michigan for yielding That is an exemption. There is no yond the present limits whatever those me this time, and I thank my col- policy justification for such exemp- limits are according to the Justice De- leagues on both sides of the aisle for tions. partment or the courts of the land. trying to do the right thing here today, Mr. GOODLATTE. Mr. Speaker, I This language now added to H.R. 3125 because I share the concerns of my col- yield myself such time as I may con- in the form of a managers amendment leagues about the spread of illegal sume. clarifies the bill prohibits all online Internet gambling. But I rise in reluc- Mr. Speaker, I think the best re- gambling and only permits otherwise tant opposition to this legislation be- sponse to the comments of the gen- lawful, State regulated, live pari- cause while it is well intentioned, it is tleman from Michigan (Mr. CONYERS) mutuel wagering activities that are bad telecommunications policy. would come from the gentleman from conducted on a closed subscriber-based This legislation would create enor- Louisiana (Mr. TAUZIN) who has played loop. mous, if unintentional, regulatory a critical role in making it absolutely By the way, I should also point out it problems. First, it proposes to treat clear that the language in this bill does does allow the Internet intrastate for online and offline gambling under dif- not provide any exemptions. the use of the lottery activities pro- ferent rules. That is a violation of the

VerDate 11-MAY-2000 04:59 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.013 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6067 fundamental tenet of the Internet Non- have great respect but with whom I of the Internet. These new tools are discrimination Act that this House must disagree on every single point needed by law enforcement. That is passed very recently by the over- raised. This legislation does not treat why the National Association of Attor- whelming vote of 352–75. Regulating online gambling unfairly compared to neys General have asked us for this commerce on the Internet under dif- offline gambling. In fact, the activities legislation. That is why I ask my col- ferent rules from commerce in the off- complained of have been going on on leagues to support it. line world is a dangerous precedent the telephone lines for decades and this It is also important to note that this that invites significant new regulation legislation is simply designed to bring legislation treats Indian gaming fairly. of the Internet such as we have not yet the Wire Act, written in 1961 when the Every word in this legislation has been seen. Wire Act was a good description of signed off on by the gentleman from Second, the bill expands gambling telecommunications in this country, Alaska (Mr. YOUNG), the chairman of opportunities to make legal certain into the modern age when tele- the Committee on Resources. types of bets over the Internet that communications takes on a whole host I urge my colleagues to support this would be illegal if they were made over of different ramifications, including effective legislation to fight gambling the telephone. Third, the bill would un- the Internet. It does not in any way ex- on the Internet. fairly make Internet service providers pand gambling on the Internet. We Mr. SHAW. Mr. Speaker, I rise today in sup- and search engines and other inter- have made that perfectly clear time port of H.R. 3125, the Internet Gambling Pro- active service providers, ISPs, who and time again. Why else would the Na- hibition Act of 2000. This legislation is nec- have nothing to do with gambling, peo- tional Coalition Against Gambling Ex- essary to stem the rising tide of Internet gam- ple who have nothing to do with gam- pansion support this legislation? bling, which is largely unregulated and bling, it would make them responsible The bill retrenches gambling on the unreachable by American authorities. for policing the behavior of their sub- Internet by fighting 700 online Mr. Speaker, Internet gambling has the po- scribers. This is the principle that we cybercasinos, by giving law enforce- tential to make thousands of Americans who rejected when then Representative ment new tools to deal with sports bet- enjoy video games into gambling addicts. All WYDEN and I brought the Internet ting online, by stopping the efforts of that an Internet gambler needs to play casino- Freedom and Family Empowerment some who stand to make tens of mil- style games on the Internet is a computer, a Act to the floor so that we could stop lions of dollars selling services to State modem, and a credit cardÐand therein lies the approach that the Senate had lotteries to sell tickets online in peo- the dangerous allure of this type of wagering. adopted with the Communications De- ple’s homes. Unlike a glitzy casino where playing games of cency Act, later rejected by the Su- I want to make the point perfectly chance is a social experience, Internet gam- preme Court. clear that we do not tell the States bling is usually done alone, with the only limit In this bill in order to avoid criminal that they cannot use the Internet. We being the limit on one's credit card. I believe prosecution, ISPs and other interactive simply say that when they use the that gambling over the Internet has the poten- services would have to make sure that Internet, they have to use it in public tial to turn a generation of children who are they are not hosting or linking to Web places, like convenience stores or other addicted to video games into a generation of sites containing gambling advertising places where children can be screened adults addicted to playing casino-style games or information. To avoid criminal pros- out and they cannot buy tickets online over the Internet. ecution, they would have to block as they could at home. That is why the Furthermore, most of the cyber-casinos are users from accessing foreign Web sites Home School Legal Defense Associa- located in the Caribbean, so that the few gam- over which they have no control, an es- tion supports the legislation, the blers who do win have no recourse if there is pecially dangerous precedent while the Southern Baptist Convention supports a dispute. Mr. Speaker, banning Internet gam- United States at this very moment is it, and many, many other religious and bling now will prevent much more serious so- seeking to oppose efforts by foreign family organizations. cial problems later. For that reason, I urge all governments to do that to our Web Furthermore, we do not require of my colleagues to vote for passage of H.R. sites. Internet service providers to police the 3125. Fourth, this bill would have the Fed- Internet. We simply require them to eral Government dictate, indeed Ms. ESHOO. Mr. Speaker, I rise in opposi- cooperate with law enforcement. And tion to H.R. 3125, The Internet Gambling Pro- amend, the terms and conditions on we do not require them to shut down which ISPs today offer service. It hibition Act, a bill that threatens the continued suspected sites, because the bill pro- would require that every ISP termi- growth of e-commerce as well as the privacy vides due process requirements of no- nate the account of any subscriber who rights of individuals. tice and hearing before a judge, and a is suspected of using the service to The Department of Justice, high-tech com- judge finding that an action should be gamble. Fifth, the bill contains price panies and socially conservative organizations taken before an Internet service pro- controls. It requires every ISP to offer agreeÐH.R. 3125 is fatally flawed. By prohib- vider can be required to take down or gambling filtering software at, quote, iting some types of gambling and expanding block a site. others, H.R. 3125 puts an inappropriate bur- ‘‘reasonable cost,’’ putting the Federal The legislation has been carefully Government in an unspecified way in den on high tech companies and interferes crafted to be sensitive to the Internet charge of determining what is a reason- with the civil liberties of Americans. industry, which I am very supportive able price for filtering software. The legislation is rife with loopholes. Betting For the mom-and-pop Internet serv- of. After all, I am the chairman of the on horses and dogs is allowed; sports and ca- ice providers who constitute the vast Congressional Internet Caucus and sino-style games are not. Jai-alai is in, while majority of America’s thousands of have worked on many issues with the state lotteries are out. This arbitrary patchwork ISPs, the legal and regulatory costs of gentleman and others to promote the of exemptions and prohibitions seems to be complying with this new Federal regu- Internet. But one way to promote the rooted in the degree of power of a particular latory scheme are significant. That is Internet is to make sure that the interest group rather than sound public policy. why this imperfect bill remains op- seamy side of life is dealt with on the H.R. 3125 imposes new and unprecedented posed by so many groups, the Com- Internet. Just like child pornography regulatory burdens on the Internet that are puter and Communications Industry has to be dealt with on the Internet, so shortsighted and threaten our civil liberties. Association, AT&T, the Center for De- does unregulated, out-of-control, ille- The notice and take-down provisions are mocracy and Technology, the Elec- gal gambling. That is why the National overbroad, too burdensome for ISPs, and give tronic Privacy Information Center, the Collegiate Athletic Association, the the government too much power. Traditional Values Coalition, the Free National Football League, Major Finally, the blocking provisions in H.R. 3125 Congress Foundation, the Seniors Coa- League Baseball, the National Hockey threaten to intrude on individual privacy. This lition, and Americans for Tax Reform. League, and the National Basketball Congress is still in the process of drafting leg- Oppose this legislation. Association support this legislation be- islation aimed at assuring the privacy of indi- Mr. GOODLATTE. Mr. Speaker, I cause of the renewed threat to amateur viduals using the Internet. H.R. 3125 would yield myself the balance of my time. and professional sports in America leap over that thoughtful process and attempt First, let me respond to the gen- brought on by an incredible explosion to regulate what many Members have vowed tleman from California for whom I in gambling and sports betting because to allowÐfreedom on the Internet. H.R. 3125

VerDate 11-MAY-2000 04:19 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\K17JY7.019 pfrm02 PsN: H17PT1 H6068 CONGRESSIONAL RECORD — HOUSE July 17, 2000 puts artificial boundaries on the Internet when Native Americans should be treated fairly. SECTION 1. SHORT TITLE. the Internet is designed specifically to tran- We should not burden them with restrictions This Act may be cited as the ‘‘Semipostal scend boundaries. we are unwilling to place on others. Authorization Act’’. I share my colleagues's desire to protect so- The bill is opposed by the Department of SEC. 2. AUTHORITY TO ISSUE SEMIPOSTALS. ciety from the dangers of abusive gambling Justice, AT&T, the San Manuel Band of Mis- (a) IN GENERAL.—Chapter 4 of title 39, which can be a corrosive agent, both culturally sion Indians, Computer and Communications United States Code, is amended by adding at and personally. However, H.R. 3125 does not Industry Association, Covad Communications, the end the following: do what it purports to do. If Congress wants Center for Democracy and Technology, Na- ‘‘§ 416. Authority to issue semipostals to ban gambling on the Internet then it should tional Congress of American Indians, Elec- ‘‘(a) DEFINITIONS.—For purposes of this ban all gambling on the Internet. The piece- tronic Privacy Information Center, ACLU, Tra- section— meal approach embodied in H.R. 3125 is an ditional Values Coalition, Seniors Coalition, ‘‘(1) the term ‘semipostal’ means a postage exercise in hypocrisy. I urge my colleagues to Free Congress Foundation, Americans for Tax stamp which is issued and sold by the Postal vote against H.R. 3125. Reform, CATO Institute, American Association Service, at a premium, in order to help pro- Mr. SENSENBRENNER. Mr. Speaker, I rise of Concerned Tax Payers, and Coalition for vide funding for a cause described in subsection (b); and today in support of H.R. 3125, the Internet Constitutional Liberties. ‘‘(2) the term ‘agency’ means an Executive Gambling Prohibition Act. During Judiciary For all of the above reasons, I am opposing agency within the meaning of section 105 of Committee mark-up, I brought up my concerns H.R. 3125. title 5. relating to the tribal gaming exemption. I am Mr. UDALL of New Mexico. Mr. Speaker, ‘‘(b) DISCRETIONARY AUTHORITY.—The Post- pleased that the Gentleman from Virginia, Mr. today I rise in opposition to H.R. 3125, which al Service is hereby authorized to issue and GOODLATTE, and the Gentleman from Alaska, could more appropriately be re-titled the Inter- sell semipostals under this section in order Mr. YOUNG, were willing to work with me to in- net Gambling Proliferation Act. to advance such causes as the Postal Service clude language which addresses my concerns What this proposed legislation does is im- considers to be in the national public inter- about what I believe was an ambiguous sec- pose a new set of laws that selectively privi- est and appropriate. tion of the bill. lege some forms of gambling by exempting ‘‘(c) RATE OF POSTAGE.—The rate of post- I would like to take a moment to explain my them from these laws. At the same time, other age on a semipostal issued under this section forms of gambling are condemned. What Con- shall be established by the Governors, in ac- concerns and how, through the manager's cordance with such procedures as they shall amendment, these concerns were addressed. gress should do is work with the states to by regulation prescribe (in lieu of the proce- The provision exempting gambling on a closed enact legislation, which deals rationally with dures under chapter 36), except that— loop system requires both the sender and the prohibiting or regulating Internet gambling. ‘‘(1) the rate established for a semipostal receiver to be on Indian lands. This is not lim- Furthermore, in my home State of New under this section shall be equal to the rate ited to the Indian lands on which the game is MexicoÐas in many other statesÐthis legisla- of postage that would otherwise regularly conducted, therefore, it would allow linking of tion would unnecessarily complicate the ability apply, plus a differential of not to exceed 25 all Indian lands nationwide. My concern with of states and tribal governments to work out a percent; and this language was how multi-Tribal linking rational regulatory scheme. ‘‘(2) no regular rates of postage or fees for The SPEAKER pro tempore (Mr. MIL- postal services under chapter 36 shall be any could impact individual Tribal/State gaming different from what they otherwise would Compacts. LER of Florida). The question is on the motion offered by the gentleman from have been if this section had not been en- Let me provide an example: If State A's acted. Compact allows for slots, and State B's Com- Virginia (Mr. GOODLATTE) that the The use of any semipostal issued under this pact allows for blackjack and slots, absent House suspend the rules and pass the section shall be voluntary on the part of clarification, the tribe in State A could argue it bill, H.R. 3125, as amended. postal patrons. can now participate in blackjack. Included in The question was taken. ‘‘(d) AMOUNTS BECOMING AVAILABLE.— the manager's amendment is additional lan- Mr. CONYERS. Mr. Speaker, I object ‘‘(1) IN GENERAL.—The amounts becoming guage on this section to ensure that no Class to the vote on the ground that a available from the sale of a semipostal under III gaming activity can occur without the ex- quorum is not present and make the this section shall be transferred to the appoint of order that a quorum is not propriate agency or agencies under such ar- plicit authorization of a Tribal/State Compact. rangements as the Postal Service shall by This language does not require Tribes to represent. The SPEAKER pro tempore. Pursu- mutual agreement with each such agency es- negotiate their Compacts with states; rather it ant to clause 8, rule XX and the Chair’s tablish. reinforces the Tribal/State Compact. prior announcement, further pro- ‘‘(2) IDENTIFICATION OF APPROPRIATE CAUSES In conclusion, the Indian gaming language AND AGENCIES.—Decisions concerning the has been clarified so that the carefully nego- ceedings on this motion will be post- identification of appropriate causes and tiated Tribal/State compacts are not at risk. I poned. agencies to receive amounts becoming avail- The point of no quorum is considered urge my colleagues to support the bill. able from the sale of a semipostal under this withdrawn. Mr. BACA. Mr. Speaker, I oppose H.R. section shall be made in accordance with ap- 3125, the Internet Gambling Prohibition Act. f plicable regulations under subsection (e). I am concerned that the bill creates unfair ‘‘(3) DETERMINATION OF AMOUNTS.— GENERAL LEAVE ‘‘(A) IN GENERAL.—The amounts becoming carve outs. In-home gambling on horse and Mr. GOODLATTE. Mr. Speaker, I ask available from the sale of a semipostal under dog races is allowed, but tribal Internet gam- unanimous consent that all Members this section shall be determined in a manner ing is prohibited. I fail to see how dog races may have 5 legislative days within similar to that provided for under section are acceptable but tribal gaming is not. This which to revise and extend their re- 414(c)(2) (as in effect on July 1, 2000). ‘‘(B) ADMINISTRATIVE COSTS.—Regulations bill does not deserve our support. marks and include extraneous material The bill is so riddled with exemptions it is under subsection (e) shall specifically ad- on H.R. 3125. opposed by the Traditional Values Coalition, dress how the costs incurred by the Postal The SPEAKER pro tempore. Is there Service in carrying out this section shall be which says that the bill does little to address objection to the request of the gen- the problems it purports to solve. computed, recovered, and kept to a min- tleman from Virginia? imum. Tribal gaming has been essential in fur- There was no objection. ‘‘(4) OTHER FUNDING NOT TO BE AFFECTED.— thering economic development on our reserva- f Amounts which have or may become avail- tions. It has allowed for medical clinics and able from the sale of a semipostal under this upgrading of substandard housing. It has lifted SEMIPOSTAL AUTHORIZATION ACT section shall not be taken into account in Native Americans from poverty. It has given Mr. MCHUGH. Mr. Speaker, I move to any decision relating to the level of appro- them self-determination over their destiny. It suspend the rules and pass the bill priations or other Federal funding to be fur- has furthered Native American sovereignty. (H.R. 4437) to grant to the United nished to an agency in any year. It is important we recognize all Native Amer- States Postal Service the authority to ‘‘(5) RECOVERY OF COSTS.—Before transfer- icans have given to this country. For that rearing to an agency in accordance with para- issue semipostals, and for other pur- graph (1) any amounts becoming available son, earlier in the year I introduced H. Res. poses, as amended. from the sale of a semipostal over any pe- 487 to honor Native Americans. The Clerk read as follows: riod, the Postal Service shall ensure that it Native Americans have shown their willing- H.R. 4437 has recovered the full costs incurred by the ness to fight and die for this nation in foreign Be it enacted by the Senate and House of Rep- Postal Service in connection with such lands. They honor the American flag at every resentatives of the United States of America in semipostal through the end of such period. powwow. Congress assembled, ‘‘(e) REGULATIONS.—

VerDate 11-MAY-2000 04:19 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.014 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6069 ‘‘(1) IN GENERAL.—Except as provided in (2) FINAL REPORT.—The General Account- sor of this legislation, he is indeed one subsection (c), the Postal Service shall pre- ing Office shall transmit to the President of the primary authors; and frankly his scribe any regulations necessary to carry out and each House of Congress a final report on input, his participation made what I this section, including provisions relating the operation of the program established think is a good piece of legislation to— under such section 416, not later than 6 ‘‘(A) which office or other authority within months before the date on which it is sched- even better. the Postal Service shall be responsible for uled to expire. The final report shall contain I also want to thank the chairman of making the decisions described in subsection a detailed statement of the findings and con- the full committee, the gentleman (d)(2); clusions of the General Accounting Office, from Indiana (Mr. BURTON), and, of ‘‘(B) what criteria and procedures shall be together with any recommendations it con- course, his colleague, the gentleman applied in making those decisions; and siders appropriate. from California (Mr. WAXMAN), the ‘‘(C) what limitations shall apply, if any, (d) CLERICAL AMENDMENT.—The table of ranking member on the full com- relating to the issuance of semipostals (such sections for chapter 4 of title 39, United mittee, for their cooperation and for States Code, is amended by adding at the end as whether more than 1 semipostal may be their efforts in helping to bring this offered for sale at the same time). the following: very worthy piece of legislation before ‘‘(2) NOTICE AND COMMENT.—Before any reg- ‘‘416. Authority to issue semipostals.’’. ulation is issued under this section, a copy of us today. (e) EFFECTIVE DATE.—The program under the proposed regulation shall be published in The bill before us, Mr. Speaker, seeks section 416 of title 39, United States Code (as to achieve two very important objec- the Federal Register, and an opportunity amended by this section) shall be established shall be provided for interested parties to within 6 months after the date of enactment tives. The first is to extend the author- present written and, where practicable, oral of this Act. ization of the highly successful breast comment. All regulations necessary to carry SEC. 3. EXTENSION OF AUTHORITY TO ISSUE cancer research stamp. It was not that out this section shall be issued not later SEMIPOSTALS FOR BREAST CANCER long ago in the 105th Congress under than 30 days before the date on which RESEARCH. the guidance of two of our former col- semipostals are first made available to the (a) IN GENERAL.—Section 414(g) of title 39, public under this section. leagues, a fellow State associate of United States Code, is amended to read as mine, the gentlewoman Susan Molinari ‘‘(f) ANNUAL REPORTS.— follows: ‘‘(1) IN GENERAL.—The Postmaster General ‘‘(g) This section shall cease to be effective from New York, and Vic Fazio, the gen- shall include in each report rendered under after July 29, 2002, or the end of the 2-year tleman from California, who worked so section 2402, with respect to any period dur- period beginning on the date of enactment of hard in realizing what became the first ing any portion of which this section is in ef- the Semipostal Authorization Act, whichever semipostal issuance in the history fect, information concerning the operation ever is later.’’. of the United States. Since that time, of any program established under this sec- (b) REPORTING REQUIREMENT.—No later since the creation of the breast cancer tion. than 3 months and no earlier than 6 months research stamp, the proceeds from the ‘‘(2) SPECIFIC REQUIREMENT.—If any before the date as of which section 414 of semipostal ceases to be offered during the title 39, United States Code (as amended by sales of these issues from voluntary period covered by such a report, the informa- this section) is scheduled to expire, the purchases has resulted in some $15 mil- tion contained in that report shall also Comptroller General of the United States lion in additional funds made available include— shall submit to the Congress a report on the for breast cancer research. ‘‘(A) the commencement and termination operation of such section. Such report shall There is truly, Mr. Speaker, not a dates for the sale of such semipostal; be in addition to the report required by sec- person in this country that has not in ‘‘(B) the total amount that became avail- tion 2(b) of Public Law 105–41, and shall ad- some way been touched by the cruel able from the sale of such semipostal; and dress at least the same matters as were re- hand of this disease, a wife, a mother, ‘‘(C) of that total amount, how much was quired to be included in that earlier report. a close friend, a loved one or, in my applied toward administrative costs. The SPEAKER pro tempore. Pursu- For each year before the year in which a own case, a grandmother. Those dol- semipostal ceases to be offered, any report ant to the rule, the gentleman from lars, willingly donated by millions under this subsection shall include, with re- New York (Mr. MCHUGH) and the gen- upon millions of caring individuals, spect to that semipostal (for the year cov- tleman from Florida (Mr. HASTINGS) will hopefully bring us ever closer to ered by such report), the information de- each will control 20 minutes. the day when this scourge is but a sad scribed in subparagraphs (B) and (C). The Chair recognizes the gentleman and very frightening memory. Without ‘‘(g) TERMINATION.—This section shall from New York (Mr. MCHUGH). our action here through this bill, Mr. cease to be effective at the end of the 10-year GENERAL LEAVE period beginning on the date on which Speaker, the current authorization will semipostals are first made available to the Mr. MCHUGH. Mr. Speaker, I ask end at the conclusion of this month, on public under this section.’’. unanimous consent that all Members July 29, in fact. (b) REPORTS BY AGENCIES.—Each agency may have 5 legislative days within So many in this House, so many in that receives any funding in a year under which to revise and extend their re- this Nation have called upon us to act section 416 of title 39, United States Code (as marks on H.R. 4437. further. In the House, I would say we amended by this section) shall submit a writ- The SPEAKER pro tempore. Is there owe particular thanks to the gen- ten report under this subsection, with re- objection to the request of the gentleman from New Hampshire (Mr. spect to such year, to the congressional com- tleman from New York? BASS), who gathered 117 of our col- mittees with jurisdiction over the United There was no objection. leagues calling for this extension. In States Postal Service. Each such report shall include— Mr. MCHUGH. Mr. Speaker, I yield fact, the authorization for such an ac- (1) the total amount of funding received by myself such time as I may consume. tion contained in this bill is modeled such agency under such section 416 during Mr. Speaker, as with any measure of on the gentleman from New Hamp- the year; this magnitude, the point at which a shire’s bill and would extend the cur- (2) an accounting of how any funds re- bill comes to the floor of this House, of rent program for an additional 2 years. ceived by such agency under such section 416 course, is realized only through the As I mentioned, our presence here were allocated or otherwise used by such concerted efforts and a great deal of today also comes through the urging agency in such year; and hard work by a number of good people, and support of many, many others, far (3) a description of any significant advances or accomplishments in such year that and that is certainly the case here too many to properly credit them all were funded, in whole or in part, out of today. by name. But we certainly want to amounts received by such agency under such In that regard, I want to begin by ex- thank and commend each and every section 416. pressing my deepest appreciation par- one of those folks. But I do want to pay (c) REPORTS BY THE GENERAL ACCOUNTING ticularly to the ranking member on the particular tribute to just a few, if I OFFICE.— subcommittee, the gentleman from might. Ms. Betsey Mullen, who was (1) INTERIM REPORT.—The General Account- Pennsylvania (Mr. FATTAH), his staff, here with us in Washington earlier ing Office shall submit to the President and the staff of the full subcommittee, for today, I believe and I hope she still is, each House of Congress an interim report on their efforts, for their support and and her colleague at the Women’s In- the operation of the program established under section 416 of title 39, United States most importantly their substantive formation Network Against Breast Code (as amended by this section) not later and constructive input. I would say not Cancer, Dr. Bodai, for their untiring ef- than 4 years after semipostals are first made only is the gentleman from Pennsyl- forts. I would also like to thank Ms. available to the public under such section. vania (Mr. FATTAH) a primary cospon- Mullen’s 61⁄2-year-old nephew and her

VerDate 11-MAY-2000 04:19 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.006 pfrm02 PsN: H17PT1 H6070 CONGRESSIONAL RECORD — HOUSE July 17, 2000

81⁄2-year-old niece who took the time ment, through their efforts that this implemented. This bill seizes upon a out of what I know are their busy lives program in its initial stages has report done by the GAO that calls for and busy summers to actually address reached the historic levels that it has. certain reforms within future handwritten letters to all of us here in Yes, Mr. Speaker, many, many thanks issuances, providing for better account- Congress urging our continued efforts to so many people. ing methods to make sure that both on behalf of this semipostal. The second equally important part the expenditure and the revenue side Mr. Speaker, I include the letters in and important section of this bill are clearly defined and clearly re- their entirety for the RECORD. would establish a permanent process corded, a provision for full reporting on DEAR CONGRESS, Girls and boys can get and give defined authority within the the program, including regularly re- breast cancer and I don’t want girls and boys Postal Service to regularly and for- ports to both bodies in this Congress, and the President and his wife, cat and dog mally establish future semipostals that methods to ensure full costs coverage, to get sick. Keep the stamp going. will serve similar purposes in the na- so that those who choose not to par- From Brendon Fisher. tional American public interest. ticipate in the stamp are not somehow The success of the Breast Cancer Re- burdened with added costs, to ensure JULY 16, 2000. search Stamp has understandably led that any future, postal increases neces- DEAR CONGRESS, I think it’s very important to keep the stamp because if we don’t many of our colleagues to propose sitated are not a result of semipostals every girl is going to worry about it or similar initiatives that are designed to no matter how worthy the cause. maybe get brest cancer. But if we keep it we benefit many other worthy causes. In sum, Mr. Speaker, I do firmly be- will get money to cure to stop it. My Aunt And, indeed, this year alone in this lieve that this is a balanced and well- Betsey risked her life on it and I’m proud of Congress, we have had some 14 bills in- reasoned and in my humble opinion a her. If you think about it no one likes it be- troduced into both bodies that attempt very worthy and necessary piece of leg- cause you can die from it. I think and a lot to achieve just such a goal. islation, and I would urge its passage of other people agree with me that it would Mr. Speaker, I will read from them here today. be best to keep the stamp and then things Mr. Speaker, I reserve the balance of will go perfect. briefly: the gentlewoman from Cali- fornia (Ms. MILLENDER-MCDONALD) on my time. Hope my letter makes a difference because Mr. HASTINGS of Florida. Mr. not just me is counting on this. AIDS research; the gentleman from By Paige Fisher, 8 in a half years old, MD. Pennsylvania (Mr. WELDON) on diabe- Speaker, I yield myself such time as I tes; the gentleman from Rhode Island may consume. If I might, I would like to read a part (Mr. HASTINGS of Florida asked and of both of those. (Mr. WEYGAND) on Alzheimer’s; the gentleman from California (Mr. was given permission to revise and ex- ‘‘Dear Congress: tend his remarks.) CUNNINGHAM) on prostate cancer; the ‘‘Girls and boys can get breast cancer Mr. HASTINGS of Florida. Mr. gentlewoman from Texas (Ms. JACK- and I don’t want girls and boys and the Speaker, first let me thank the gen- SON-LEE) on emergency food relief; the President and his wife, cat and dog to tleman from New York (Mr. MCHUGH), gentlewoman from Maryland (Mrs. get sick. Keep the stamp going.’’ the chairman of this committee, for MORELLA) on organ and tissue dona- That is from Brendon Fisher, who is, being forthcoming with reference to 1 tion; the gentlewoman from California as I said, 6 ⁄2 years old. this legislation. Additionally, I would (Ms. LOFGREN) on World War II memo- b 1500 like to thank the delegate, the gentle- rial; the gentleman from Ohio (Mr. woman from the District of Columbia And this one: ‘‘Dear Congress, I think TRAFICANT) on the American Battle (Ms. NORTON), my good friend, for gra- it is very important to keep the stamp, Monuments Commission; the gen- because if we don’t, every girl is going ciously allowing me to manage the tleman from Colorado (Mr. HEFLEY) on time on this important measure. to worry about it or maybe get breast domestic violence. And in the other I would like to join the gentleman cancer. But if we keep it, we will get body, Mr. LOTT on Highway-Rail Grade from New York (Mr. MCHUGH) in the money to cure, to stop it. My Aunt crossing safety; Mr. NIGHTHORSE-CAMP- consideration of H.R. 4437, the Betsey risked her life on it and I’m BELL on domestic violence; Mr. DEWINE Semipostal Authorization Act, legisla- proud of her. If you think about it, no on organ and tissue donation, and the tion, granting the postal service the one likes it because you can die from list goes on and on. discretionary authority to issue it. I think, and a lot of other people Clearly, Mr. Speaker, all of these are semipostals. This measure was unani- agree with me, that it would be best to very worthy initiatives, and I think it mously reported from the committee keep the stamp and then things will go is just that fact that perhaps most on June 29, 2000. perfect. I hope my letter makes a dif- clearly of all calls for the passage of I am pleased to note that on June 29, ference, because not just me is count- this bill. I fear absent our action, Mr. the gentleman from New York (Mr. 1 ing on this. By Paige Fisher, 8 ⁄2 years Speaker, that none of these may be MCHUGH) reported out an amendment old.’’ achieved, that in the perhaps regret- in the nature of a substitute to H.R. Paige, I want to let you know that table, but I think undeniable political 4437, which made a number of impor- yours and Brendon’s efforts have in- reality of this Congress as we push tant changes to the original text. We deed made a difference. As I said, I back and forth toward trying to owe our interests in semipostals to Dr. have many to thank. achieve our own personal and some- Ernie Bodai, chief of surgery at the I would like to give a personal times equally laudable goals, none of Kaiser Permanente Medical Center in thanks to a special individual, a lady them may be passed. Sacramento, California, and one of our by the name of Jennifer Katz, who has Mr. Speaker, through this legisla- former colleagues, former Congressman a tangential professional interest in tion, we can say to the postal service, Vic Fazio from California. this cause, but who long before this we must establish a system that must Mr. Speaker, Dr. Bodai first proposed question evolved, Mr. Speaker, through consider these kinds of initiatives and the idea of a semipostal with the her own life experiences taught me and they must issue them on a regular money raised going toward breast can- I suspect many, many others how to basis. In this fashion, Mr. Speaker, I cer research. He took his idea to Con- learn from her efforts that through think we can most assuredly guarantee gressman Vic Fazio; and on May 7, 1996, tragedy one can identify important that these kinds of initiatives will in- Congressman Fazio introduced the first goals and challenges and learn in life deed continue into the future, as I semipostal bill, H.R. 3401, the Breast some things so personal that can be- think they should. Cancer Research Stamp Act. come bigger than self, and to thank her Mr. Speaker, I would say, while the He was joined in this effort by Sen- for helping me better understand that Breast Cancer Research Stamp Initia- ator DIANNE FEINSTEIN when she spon- reality. tive has gone exceedingly well, it has sored identical legislation in the Sen- Lastly, Mr. Speaker, and certainly not been without its flaws. Some ob- ate. Congressman Fazio subsequently not least, we all owe our thanks to the servers including the General Account- reintroduced his bill in the 105th Con- dedicated administration and employing Office have found that some of the gress as H.R. 407. On May 13, 1997, Rep- ees of the Postal Service, because it procedural and administrative sur- resentative Fazio joined Representa- was through their selfless commit- roundings have been less than perfectly tive Susan Molinari from New York,

VerDate 11-MAY-2000 04:19 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.021 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6071 former Congresswoman, in sponsoring Columbia (Ms. NORTON) and the com- New York (Mr. MCHUGH) and the gen- H.R. 1585, Stamp Out Breast Cancer mittee that we move quickly and pass tleman from Florida (Mr. HASTINGS) Act. H.R. 4437. each will control 20 minutes. The bill, as amended, and passed by Mr. Speaker, I reserve the balance of The Chair recognizes the gentleman the House on July 22, 1997, by a vote of my time. from New York (Mr. MCHUGH). 423–3 permitted the postal service to es- Mr. MCHUGH. Mr. Speaker, I would GENERAL LEAVE tablish a special rate of postage for ask the gentleman from Florida (Mr. Mr. MCHUGH. Mr. Speaker, I ask first class mail, not to exceed 25 per- HASTINGS) if he has any further re- unanimous consent that all Members cent of the original first class rate of quests for time. may have 5 legislative days within postage. Stamps issued under this spe- Mr. HASTINGS of Florida. Mr. which to revise and extend their re- cial rate are available for purchase by Speaker, I have no further requests for marks on H.R. 3985. the public on a voluntary basis and as time, and I yield back the balance of The SPEAKER pro tempore. Is there an alternative to regular postage. my time. objection to the request of the gen- After deducting an amount sufficient Mr. MCHUGH. Mr. Speaker, I yield tleman from New York? to cover reasonable costs attributable myself such time as I may consume. There was no objection. to the printing, sale, and distribution Mr. Speaker, I have no further re- Mr. MCHUGH. Mr. Speaker, I yield myself such time as I may consume. of the stamps, the postal service would quests, but before yielding back, let me Mr. Speaker, I had the honor of transfer 70 percent of the amount gen- compliment and express my apprecia- standing on this floor just last week as erated to the National Institutes of tion to the gentleman from Florida we proposed four similar naming bills Health and 30 percent to the Depart- (Mr. HASTINGS) for his invaluable as- and made the comment that I felt very ment of Defense for breast cancer re- sistance here and to associate myself strongly then, and I continue to believe search. with his remarks about not just the in that we are indeed fortunate to have The National Institutes of Health importance of this bill in its two major the efforts of so many Members of this designated the money to support inno- aspects but to the invaluable contribu- body from across the country who work vative pilot studies that will further tions of both our former colleagues, so hard and have done such a tremen- breast cancer awareness. The Depart- Mr. Fazio and Ms. Molinari, as I at- dous job in identifying truly worthy in- ment of Defense designated the money tempted to state in my remarks, but dividuals to which and upon whom we for awards intended to encourage inno- also as I said, the gentleman from can extend this honor of a post office vative approaches to breast cancer re- Pennsylvania (Mr. FATTAH), the gentle- naming. search. woman from the District of Columbia b 1515 H.R. 1585 was subsequently enacted (Ms. NORTON), and others for the great into law, Public Law 105–41, in addition assistance that they have given and I would like to pay my compliments to authorizing the breast cancer re- urge all of our colleagues to join us in and thanks to the gentleman from search stamp for 2 years, required the expressing their support of this bill. Florida (Mr. HASTINGS), the primary General Accounting Office to submit a Mr. Speaker, I yield back the balance sponsor of this legislation, for keeping report to Congress that evaluated the of my time. us on track in that regard and for help- effectiveness and the appropriateness The SPEAKER pro tempore (Mr. MIL- ing us to uphold a record in which we of this method of fund-raising. LER of Florida). The question is on the all take a great deal of pride. In its April 2000 report, entitled motion offered by the gentleman from As the Clerk has read, Mr. Speaker, this bill does indeed designate the ‘‘Breast Cancer Research Stamp, Mil- New York (Mr. MCHUGH) that the lions Raised for Research, But Better House suspend the rules and pass the United States Postal Service building located at 14900 Southwest 30th Street Costs Recovery Criteria Needed,’’ the bill, H.R. 4437, as amended. in Miramar, Florida, as the Vicki GAO determined that the semipostal The question was taken; and (two- was successful. It is expected that by Coceano Post Office Building. thirds having voted in favor thereof) H.R. 3985 was amended by the full July 28, 2000, well over 215 million the rules were suspended and the bill, stamps will have been sold and more committee but only as a result of a as amended, was passed. necessary technical correction to the than 15 million in revenue raised. A motion to reconsider was laid on GAO further determined that the address that was originally identified the table. by the Postal Service, and has no other semipostal was an effective and appro- f substantive impact upon the bill itself. priate way to fund-raise. We are indeed fortunate, as we just Mr. Speaker, the incidence of breast VICKI COCEANO POST OFFICE BUILDING heard on the previous piece of legisla- cancer continues to far outstrip avail- tion, to have the gentleman from Flor- able resources and funds. The statistics Mr. MCHUGH. Mr. Speaker, I move to ida (Mr. HASTINGS) with us, and I know are as sobering as they are rising. suspend the rules and pass the bill that he is prepared to make a very full Breast cancer is still the number one (H.R. 3985) to designate the facility of statement about Ms. Coceano. I do not cancer killer of women between the the United States Postal Service lo- want to take away from that oppor- ages of 15 and 24. The disease claims cated at 14900 Southwest 30th Street in tunity, but let me note that as we at- another woman’s life every 15 minutes Miramar City, Florida, as the ‘‘Vicki tempt to do on all of these bills we in the United States. More than 2 mil- Coceano Post Office Building’’. have looked over the background and lion women are living with breast can- The Clerk read as follows: the contributions of this very special cer in America today, yet 1 million of H.R. 3985 lady, a special lady, who I understand them have not been diagnosed. Be it enacted by the Senate and House of Rep- is affectionately known in her commu- More and more people are joining the resentatives of the United States of America in nity as Mayor Vicki, which I think ranks of breast cancer survivors rather Congress assembled, speaks volumes about the affection and than breast cancer victims due in large SECTION 1. VICKI COCEANO POST OFFICE BUILD- the respect of those who know her best part to breakthroughs in cancer re- ING. and how they view this very, very search. According to the American As- (a) DESIGNATION.—The facility of the unique individual. sociation for Cancer Research, 8 mil- United States Postal Service located at 14900 As a resident of South Florida for lion people are alive today as a result Southwest 30th Street in Miramar, Florida, some 40 years, I understand that is a of cancer research. The bottom line is shall be known and designated as the ‘‘Vicki Coceano Post Office Building’’. fairly remarkable achievement in a that every dollar we continue to raise (b) REFERENCES.—Any reference in a law, State that benefits from the migration will save lives. map, regulation, document, paper, or other of many people from my State, for ex- Clearly, the American public by pur- record of the United States to the facility re- ample. So she has been there for 4 dec- chasing more than 215 million breast ferred to in subsection (a) shall be deemed to ades contributing to her community, cancer semipostal stamps believes this be a reference to the ‘‘Vicki Coceano Post as her nickname suggests, serving in is a good cause and one worthy of con- Office Building’’. public office and serving in a distin- tributions. I would urge on behalf of The SPEAKER pro tempore. Pursu- guished way, but clearly her contribu- the gentlewoman from the District of ant to the rule, the gentleman from tions extend far beyond that of running

VerDate 11-MAY-2000 05:56 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.024 pfrm02 PsN: H17PT1 H6072 CONGRESSIONAL RECORD — HOUSE July 17, 2000 for mayor or some other public posi- spoke out frequently with reference to communicating the language of change tion. She has been a contributor, a vol- matters of this kind. and articulating its power through her unteer and a doer in a wide range of ac- So, Mr. Speaker, and I would also say actions, commitments and spirit. tivities that have certainly benefited to my dear friends in South Florida, Mr. Speaker, I am proud that all 22 of her community. But through such ef- this honor is altogether fitting and ap- my Florida colleagues have cospon- forts as on the White House Conference propriate. sored this bill with me, and I am equal- on Aging and others, she has not lim- In the few minutes that I have, let ly proud that Senator BOB GRAHAM has ited her scope and her influence to the me say a little more about a wonderful introduced an identical bill in the Sen- wonderful community of Miramar but woman in South Florida, Vicki ate. has attempted to serve this entire na- Coceano, that the gentleman from New Clearly, Floridians know and wish to tion. York (Mr. MCHUGH) so rightfully honor Vicki Coceano. I am delighted to So it is with a great deal of pride brought up, Mayor Vicki. Mayor Vicki, see this honor bestowed today upon a that I rise today to put forward this as she is affectionately known by some, delightful woman that has served us so bill and to commend, as I said, the gen- Vicki by some of us, and has preferred much. tleman from Florida (Mr. HASTINGS) it that way, has resided in South Flor- Mr. Speaker, I yield back the balance and the entire Florida delegation who ida for more than 40 years and has gen- of my time. have joined in the cosponsoring of the erously given both her time and talents Mr. MCHUGH. Mr. Speaker, I yield bill, and I urge all of our colleagues to throughout that period to make myself such time as I may consume. join us in supporting this initiative. Broward County, which its largest city Mr. Speaker, in conclusion, let me Mr. Speaker, I reserve the balance of is Fort Lauderdale but its proudest again thank the gentleman from Flor- my time. city is Miramar, during that period of ida (Mr. HASTINGS) for bringing to us Mr. HASTINGS of Florida. Mr. time to make it a better place to live the name of an individual, as we heard Speaker, I yield myself such time as I and work. in some detail, who really does bespeak may consume. She was elected to serve as a what is good and right about this coun- (Mr. HASTINGS of Florida asked and Miramar city commissioner in 1977 and try and, more importantly, good and was given permission to revise and ex- elected mayor in 1989, serving the peo- right about its people. We are indebted tend his remarks.) ple of Miramar for more than 20 years, to him and to all of his colleagues who Mr. HASTINGS of Florida. Mr. indeed all of its existence. There is one joined with him in supporting it. Speaker, first let me thank the gen- who has departed, former Mayor Cal- Finally, I would urge of all of our tleman from New York (Mr. MCHUGH) houn, who I know is looking down on Members here today to support us in for his warm and generous comment. I us today as we take this action and is passing this very worthy bill. am deeply appreciative. Additionally, I proud of the fact that Vicki is being a Mr. Speaker, I yield back the balance would like to thank our full committee recipient of this honor. of my time. chairman, the gentleman from Indiana Vicki has also served on many boards The SPEAKER pro tempore (Mr. MIL- (Mr. BURTON), for assisting my office in at the Federal, State and county lev- LER of Florida). The question is on the expediting this matter before the end els, including the Blue Ribbon Com- motion offered by the gentleman from of this portion of our session. mittee for Broward County Schools, New York (Mr. MCHUGH) that the I would also like to thank the gentle- the Area Agency on Aging and the House suspend the rules and pass the woman from the District of Columbia White House Conference on Aging. bill, H.R. 3985, as amended. (Ms. NORTON) again for giving me the Above all, Vicki has always been in- The question was taken; and (two- privilege of going forward today in this terested in our Nation’s youth, recog- thirds having voted in favor thereof) regard, as well as the ranking member, nizing that they are tomorrow’s lead- the rules were suspended and the bill, the gentleman from Pennsylvania (Mr. ers and that our future rests in their as amended, was passed. FATTAH), who has been extremely help- hands. The title of the bill was amended so ful to us. She spearheaded a successful fund- as to read: Mr. Speaker, I rise today in strong raising campaign to build a youth cen- ‘‘A bill to redesignate the facility of the United States Postal Service located at 14900 support of H.R. 3985. I introduced this ter and has since been honored with a bill earlier in the year to name a post Southwest 30th Street in Miramar, Florida, Spirit of Life Humanitarian Award. as the ‘Vicki Coceano Post Office Build- office in my hometown of Miramar, Though struggling with illness at ing’.’’. Florida, for Vicki Coceano. The city this time, Mayor Vicki is still very A motion to reconsider was laid on commission of the City of Miramar much involved with the planning and the table. passed a resolution overwhelmingly zoning board; serves on the executive f supportive of this measure before I un- committee of the Area Agency on dertook any action at all. Additionally, Aging and is a volunteer at the SENSE OF HOUSE REGARDING NA- my colleague, the gentleman from Broward County Humana Hospital. TIONAL SECURITY POLICY AND Florida (Mr. DEUTSCH), in whose dis- For Vicki Coceano, civil service is PROCEDURES trict this facility actually exists, was part of a life blended with optimism, Mr. SPENCE. Mr. Speaker, I move to also extremely supportive. fervency and genuine care for those she suspend the rules and agree to the reso- For me, it becomes a moment of per- serves. Her commitment has both lution (H. Res. 534) expressing the sense sonal privilege. I am now in my fourth shaped her legacy and the life of of the House of Representatives that term here in the United States Con- Miramar’s residents. the recent nuclear weapons security gress. And I have had the good fortune Coceano was recently awarded the failures at Los Alamos National Lab- of doing a significant number of things Spirit of Life Humanitarian Award at a oratory demonstrate that security pol- on behalf of the people that I represent banquet in which the proceeds will ben- icy and security procedures within the in the district that I am privileged to efit the Mayor Vicki Coceano Cancer National Nuclear Security Administra- serve. And I would hope on behalf of Research Fellowship at the National tion remain inadequate, that the indi- this Nation and indeed the entire Earth Medical Center and Beckman Research viduals responsible for such policy and that some of my actions have been Institute. procedures must be held accountable helpful. But none gives me any greater In addition, her name brandishes for their performance, and that imme- pride than to offer this measure today both the Broward County Hall of Fame diate action must be taken to correct for indeed as is the case with a lot of and the Broward County Women’s Hall security deficiencies. Members who come forward with legis- of Fame. The Clerk read as follows: lation, today it is a point of real privi- The new post office in Miramar will H. RES. 534 lege for me because Vicki Coceano is a service the transactions and connec- Whereas two computer hard drives con- person that I have known for 38 years. tions people forge each day. If we can taining a large quantity of sensitive classi- And I have known her to be more than add Mayor Vicki’s name to this build- fied nuclear weapons data at the Department forthright as a citizen. In the days of ing, it would certainly be fitting for a of Energy’s Los Alamos National Labora- segregation, it was Vicki Coceano that leader who understands the power of tory, Los Alamos, New Mexico, were recently

VerDate 11-MAY-2000 05:56 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.027 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6073 missing for an undetermined period of time, GENERAL LEAVE the hard drives were stolen; that the exposing them to possible compromise; Mr. SPENCE. Mr. Speaker, I ask Department was not even aware of how Whereas the President’s Foreign Intel- unanimous consent that all Members many people have access to the vault; ligence Advisory Board, in its report dated may have 5 legislative days within June 1999 on security problems at the De- and that the vault was inadequately se- partment of Energy, concluded that ‘‘the De- which to revise and extend their re- cure. partment of Energy and the weapons labora- marks on H. Res. 534, the resolution b 1530 tories have a deeply rooted culture of low re- under consideration. gard for and, at times, hostility to security The SPEAKER pro tempore. Is there I simply cannot understand how any issues’’; objection to the request of the gen- reasonably comprehensive review of a Whereas in response to longstanding secu- tleman from South Carolina? laboratory’s security procedures would rity problems with the nuclear weapons com- There was no objection. conclude that such procedures were plex and to recommendations made by the Mr. SPENCE. Mr. Speaker, I yield adequate, much less first class. President’s Foreign Intelligence Advisory myself such time as I may consume. Mr. Speaker, H. Res. 534 appro- Board in that report, Congress enacted the priately expresses concern by the National Nuclear Security Administration Mr. Speaker, 5 weeks ago the Depart- ment of Energy informed Congress that House of Representatives over security Act (title XXXII of Public Law 106–65) to es- matters within the national nuclear tablish a semi-autonomous National Nuclear two computer hard drives containing a Security Administration with responsibility large quantity of classified nuclear laboratories and calls for immediate for the administration of programs for the weapons data were missing from the corrective action. It also expresses the national security applications of nuclear en- Los Alamos National Laboratory and view that those responsible for these ergy; had been missing for at least 6 weeks. serious lapses in security must be held Whereas the Special Oversight Panel on This breach of security was just the accountable. Department of Energy Reorganization of the The senior leadership of the Depart- last in a long and sorry history of lax Committee on Armed Services of the House ment chose to accept responsibility for security at our nuclear weapons lab- of Representatives concluded in February the management of NSA and eagerly 2000 that the Department’s plan to imple- oratories. and erroneously claimed credit for im- ment the provisions of that Act ‘‘taken as a In direct response, Congress last year proving security. They must now ac- whole appears to allow continued DOE au- created a semi-autonomous agency, the thority, direction, and control over the cept responsibility for their failures as National Nuclear Security Administra- well. NNSA and retain current DOE management, tion, and charged it with the responsi- budget, and planning practices and organiza- Mr. Speaker, I urge my colleagues to tional structures’’; bility to better manage the Nation’s support H. Res. 534. Whereas the Secretary of Energy has rec- nuclear weapons complex. Mr. Speaker, I reserve the balance of ognized the need to address nuclear weapons Secretary of Energy Bill Richardson my time. security problems within the Department of opposed this new organization from the Mr. SKELTON. Mr. Speaker, I yield Energy and has sought to make improve- beginning and has sought to undermine myself such time as I may consume. ments; the implementation of NNSA at every I rise today in support of this resolu- Whereas the Secretary of Energy, in ful- step. Contrary to congressional direc- filling the duties and functions of the Under tion, which is a resolution expressing Secretary for Nuclear Security, and the Di- tion, he declared himself as the admin- the sense of the House concerning re- rector of the Office of Security and Emer- istrator for nuclear security and he cent security lapses at the Energy De- gency Operations of the Department of En- dual hatted his own chiefs of security partment, particularly at the Los Ala- ergy, in serving as the Chief of Defense Nu- and counterintelligence to serve in mos National Laboratory. clear Security of the National Nuclear Secu- these positions for both the DOE and On June 9 of this year, the Com- rity Administration, were responsible for nu- NNSA. mittee on Armed Services was notified clear weapons security policies and imple- While this arrangement is directly by the Department of Energy that two mentation of those policies while the com- counter to the law, it leaves no doubt computer hard drives containing classi- puter hard drives were missing; Whereas the effective protection of nuclear as to who was running the new admin- fied, restricted data were missing from weapons classified information is a critical istration and who was responsible for a document storage vault located in responsibility of those individuals entrusted security at the labs in June. the weapons design ‘‘X Division’’ at the with access to that information; and In fact, Secretary Richardson and the Los Alamos National Laboratory. The Whereas the compromise of the nuclear senior DOE leadership told Congress re- information on these hard drives re- weapons data stored on the computer hard peatedly that the security problems at lates to the development, design, and drives, if confirmed, would constitute a clear the nuclear weapons laboratories were and present danger to the national security manufacture and use of nuclear weap- of the United States and its allies: Now, being fixed. In May of 1999, Secretary ons. In a very real sense, the informa- therefore, be it Richardson stated that the safeguards tion on these computer disks rep- Resolved, That it is the sense of the House of national secrets have been dramati- resents the ‘‘keys to the kingdom.’’ of Representatives that— cally strengthened and improved. Fortunately, the missing hard drives (1) the security failures at Los Alamos Na- On March 2, 2000, Secretary Richard- have been recovered, but we still do not tional Laboratory revealed to Congress on son testified to the Committee on know whether they were simply mis- June 9, 2000, demonstrate the continued in- Armed Services, quote, ‘‘that we have placed or whether they were copied or adequacy of nuclear weapons security policy reached a point where we have very and procedures within the National Nuclear otherwise used by those with hostile Security Administration and at facilities of strong security procedures,’’ unquote; intentions toward the United States. the Administration; and, quote, ‘‘there is no longer a cul- The security lapses that led to the (2) individuals responsible for the imple- ture of lax security. That has ended,’’ apparently temporary loss of the two mentation, oversight, and management of unquote. computer disks containing highly sen- nuclear weapons security policy and proce- Furthermore, the Secretary’s inde- sitive nuclear weapons secrets are inex- dures within the Administration and its fa- pendent oversight office recently re- cusable. I am especially distressed that cilities must be held accountable for their viewed security practices at Los Ala- a culture continues to exist at the Los performance; and mos National Laboratory and stated (3) the Administrator for Nuclear Security Alamos National Laboratory that rel- must take immediate action to improve pro- that they were, quote, ‘‘first class,’’ un- egates security concerns to secondary cedures for the safeguarding of classified nu- quote. importance. Something must be done clear weapons information and correct all Of course, Mr. Speaker, this latest to change that culture. I applaud Sec- identified nuclear weapons security defi- episode at Los Alamos has dem- retary Richardson’s efforts to improve ciencies within the Administration. onstrated that these assertions were security and get the Department of En- The SPEAKER pro tempore. Pursu- not true. Through briefings and hear- ergy on the right track; but obviously, ant to the rule, the gentleman from ings, the Committee on Armed Serv- the steps he has taken so far are some- South Carolina (Mr. SPENCE) and the ices determined that security proce- what inadequate to ensure that our nu- gentleman from Missouri (Mr. dures at the labs continued to be unac- clear secrets are adequately safe- SKELTON) each will control 20 minutes. ceptably lax and ineffective. We guarded. The Chair recognizes the gentleman learned that no log was kept of the in- The protection of nuclear weapons from South Carolina (Mr. SPENCE). dividuals who entered the vault where information is a critical responsibility

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.007 pfrm02 PsN: H17PT1 H6074 CONGRESSIONAL RECORD — HOUSE July 17, 2000 for all of those with access to that in- Mr. Speaker, we have to break this I do not support this policy; but while formation. The compromise of the data stream. Recently, General John Gor- I do not support it, it is important to on the missing hard drives could seri- don has been installed as the adminis- note the impact of this case on the re- ously jeopardize the national security trator of the Nuclear Security Admin- cruitment and retention of Asian-Pa- of our country and of our allies. istration and we need to support him cific Americans in the labs. The num- Mr. Speaker, the resolution before to make sure that he can take the nec- ber of Asian applicants decreased from the House today, which the gentleman essary action to break this string. an average of 28 in 1998 and 1999 to from South Carolina (Mr. SPENCE) and Mr. Speaker, this resolution includes three in the first half of the year 2000. I have cosponsored, expresses the sense two important points. One is that we And with Sandia and Livermore labora- of the House that the security failures have to hold individuals accountable, tories included, the percentage of at the Los Alamos National Labora- and that is exactly the principle of the postdoctoral appointments of Asian tory show that our existing nuclear reforms we passed last year, to have a Americans fell from 14 percent in 1998 weapons security policy is inadequate, clear chain of command, more like a to half this year. These declines are that the individuals responsible for im- military-style chain of command, but disturbing, since Asian-Americans are plementing that security policy should also a system of accountability, so that a huge source of talent and have con- be held accountable, and that the ad- if somebody messes up, we know who tributed more in a disproportionate ministrator of the Nuclear Security to hold responsible for those lapses. way to the security of this country, Administration must take immediate The second element here urges the and they earn over a quarter of all action to improve our procedures con- administrator to take appropriate ac- Ph.D.s in science and technology at cerning the safeguarding of nuclear tion quickly. It is appropriate for him American universities each year. weapons information. to do so, and General Gordon is begin- The charges of racial profiling and It is my sincere hope that Secretary ning to go around to all of the sites and discriminatory investigation at hand Richardson and others with the respon- try to get a clear picture of the illustrate just how much security pro- sibility for security matters within the strengths and weaknesses in our cur- cedures have had an effect on the Department will heed the words of this rent nuclear weapons complex. Asian-Pacific American community. resolution and take prompt steps to en- However, Congress cannot legislate All employees should be held account- sure that we do not again suffer secu- the details of every silly thing that able, regardless of race or ethnicity, rity breaches such as that involving may cause a security lapse. It is up to but no one should be held additionally the loss of hard drives at Los Alamos. the administrator, General Gordon, responsible either. Let us make sure Our Nation simply cannot afford lax se- supported by Congress and others with- that our nuclear weapons security and curity when it comes to our nuclear se- in the administration, to change this any subsequent activities in the labs in crets. culture which the chairman talked the name of security remain the focus Mr. Speaker, I urge my colleagues to about, to make the institutional re- of this resolution. Let us make sure support H. Res. 534. forms. That is really the answer. that political posturing or advantage Mr. Speaker, I reserve the balance of So I support this resolution. I think does not intimidate this effort, and let my time. it is an appropriate expression of the us make sure that a commitment to Mr. SPENCE. Mr. Speaker, I am deep concern we have, but it also gets justice and fairness for all citizens is pleased to yield 3 minutes to the gen- at the heart of what it is going to take not sacrificed in the pursuit of national tleman from Texas (Mr. THORNBERRY), to fix it. security. who is chairman of the Special Over- Mr. SKELTON. Mr. Speaker, I yield 3 Mr. Speaker, I include the following sight Panel of the Department of En- minutes to the gentleman from Guam article for the RECORD: ergy Reorganization. (Mr. UNDERWOOD). [From the New York Times, July 16, 2000] Mr. THORNBERRY. Mr. Speaker, I Mr. UNDERWOOD. Mr. Speaker, I AMID RACE PROFILING CLAIMS, ASIAN- appreciate my chairman yielding me thank the distinguished ranking mem- AMERICANS AVOID LABS this time. ber for yielding me this time. (By James Glanz) Mr. Speaker, I think it is perfectly I too today rise in support of House Asian and Asian-American scientists are appropriate for the House to express its Resolution 534, which focuses attention staying away from jobs at national weapons concern over the recent incidents at on the recent nuclear weapons security laboratories, particularly Los Alamos, say- Los Alamos. A number of people in the failures at Los Alamos National Lab ing that researchers of Asian descent are country perhaps have lost sight of the and calls for improvements of the cur- systematically harassed and denied advance- fact that nuclear weapons continue to rent system, especially increased ac- ment because of their race. The issue has long simmered at the labora- constitute the central element of this countability by those in charge. tories, but it came to a boil last year with country’s security apparatus around However, while I am in strong sup- the arrest of Dr. Wen Ho Lee, who is accused which the rest of our defense efforts port of the need to improve efforts to of mishandling nuclear secrets at Los Ala- support, and to have an incident like protect and preserve our national secu- mos. Though officials vehemently deny it, this at Los Alamos I think is both rity, these efforts should not impinge many Asian-Americans said Dr. Lee, a natu- shocking and frustrating for a number on the civil rights for all Americans, ralized citizen born in Taiwan, was singled of Members. It is shocking because especially those of Asian and Pacific out because of his ethnicity. once we get into some of the details, Islander ancestry. The security proce- In any event, Asians and Asian-Americans said, security procedures implemented after there are several common sense sort of dures at the Los Alamos National Lab Dr. Lee’s arrest fall hardest on them. Since measures that are simply not em- have had a significant impact on the the arrest, some scholarly groups have even ployed; and the difficulty for us is how Asian-American community. The case called for a boycott of the laboratories, urg- we legislate common sense into the of Wen Ho Lee, a Chinese American sci- ing Asian and Asian-American scientists not day-to-day activities of these facilities. entist who was arrested last year for to apply for jobs with them. But it has also been very frustrating, mishandling classified data at Los Ala- Whether because of the calls for a boycott, because this is not an isolated incident; mos, clearly indicates the nature of the underlying claims of discrimination, or this is simply the latest in a long se- both, all three national weapons labora- these effects. The effects of Lee’s case tories—Los Alamos, Lawrence Livermore ries, a long string of incidents. Last on other Asian-American scientists and Sandia—have seen declines in Asian and year, as the chairman mentioned, Con- was immediate and of sufficient con- Asian-American applicants for postdoctoral gress, to try to stop this long string, cern for the Department of Energy to positions, according to their own statistics. enacted reforms in the Department of take action to address charges of racial Other Asian and Asian-American scientists Energy which have not been imple- profiling and treatment of Asian-Pa- have left voluntarily. mented to the letter and spirit of the cific Americans in DOE national labs. Los Alamos, for example, has seen the law. So there is a great sense of frus- In Sunday’s New York Times, James number of Asian applicants (those granted formal reviews by committees) dwindle to 3 tration that we continue to have secu- Glanz reported several APA groups in the first half of 2000 from an average of 28 rity lapses while we continue to do have called to boycott the labs and are in 1998 and 1999. The number accepting jobs business as usual, which has not urging Asian and Asian-American sci- at Los Alamos fell from 18 in 1998 to 9 in 1999 worked, for the past 20 years. entists not to seek employment there. to 3 in the first half of 2000.

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.059 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6075 The combined acceptances of Asians and tinues, could threaten the nation’s ability to from sensitive projects and an unexplained Asian-Americans at Sandia and Livermore, ensure the safety and reliability of its nu- erosion of authority. which compile statistics by fiscal years end- clear weapons. ‘‘The whole Chinese spy allegation has set ing in late September, are similar to Los Al- He said that tightened security measures us back further,’’ said Ms. Wong, whose fam- amos, falling to 3 so far in 2000 from 21 in increased the losses among all ethnic groups, ily has been in the United States for five 1998. At Los Alamos, the number of Asians but that the economy and other effects con- generations and who has worked at Liver- applying for jobs declined in percentage as tributed. more for more than two decades. ‘‘It seems well, to 4 percent of total applications from Accusations of racism have also led to for- now that there is license to do as was done 12 percent in 1998. Over all, postdoctoral ap- mal complaints. to me because we Asians are potential pointments of Asian and Asian-American fell In December, nine Asian-American sci- spies.’’ to 7 percent from 14 percent when the three entists and engineers at Livermore filed a Livermore officials said racial bias has not laboratories, with their slightly different discrimination complaint with the State of played a role in the treatment of scientists, recordkeeping, are combined. California that the California Department of either before or after the Lee case. ‘‘To me, this is an indicator that some of Fair Employment and Housing is inves- ‘‘There is no underlying discrimination,’’ a the best have decided either not to apply, or tigating. Livermore spokeswoman, Susan Houghton, even when they do apply, not to come when The federal Equal Employment Oppor- said. ‘‘If anything, it’s the opposite. It is still they’re offered a position,’’ said Dr. John C. tunity Commission has also begun an inves- very much a goal to increase minority rep- Browne, director of Los Alamos. tigation, said officials at the laboratory and resentation in management.’’ The decline is troubling for two reasons. a lawyer for the scientists. In an interview, Ms. Houghton and Tommy First, Asians and Asian-Americans represent Secretary of Energy Bill Richardson, Smith, a mechanical engineer who is the lab- a huge pool of talent—more than a quarter of whose agency oversees the laboratories, con- oratory’s director of affirmative action and all Ph.D.’s awarded in science and tech- ceded that political pressures from Congress diversity, said Livermore had established nology at American universities each year. had created ‘‘an atmosphere of fear’’ among goals for increasing the numbers of Asians Second, postdoctoral appointments, which foreign-born scientists. and other minorities in management and are generally filled by researchers who have A year ago, Mr. Richardson named a com- held a one-day workshop for employees in recently earned Ph.D.’s are an essential mittee to investigate complaints of racial April. ‘‘Obviously, we can always do a better source of candidates for permanent posi- profiling, and he appointed Dr. Jeremy Wu, a job,’’ Ms. Houghton said. tions. The appointments constitute ‘‘the pri- former official in the Agriculture Depart- She also noted that the investigations into mary means of recruiting future scientists ment’s office of civil rights, as the depart- discrimination claims were not proof of and engineers for Los Alamos,’’ said Jim ment’s ombudsman to review diversity issues wrongdoing. Danneskliold, a spokesman for the labora- and hear employee complaints. But the prob- Los Alamos has about 7,000 employees, in- tory. lems are so ingrained, scientists said, that cluding 3,500 scientists, said Mr. In May, the National Science Foundation, those measures are not enough. Danneskiold, the laboratory spokesman. a major source of research money, reported ‘‘For years, a lot of these things have fes- Over all, Asians or Pacific Islanders make that ‘‘heightened security concerns’’ at the laboratories were hindering efforts to recruit tered, and it was typical of the Asian way to up 2.4 percent of the staff and about 4 per- and retain Asian and Asian-American sci- say nothing,’’ said Kalina Wong, an Amer- cent of the scientists, he said. entists. ican-born scientist of Chinese and Hawaiian But of 99 senior managers, only 1 is of And last week, speaking before a panel of descent who tracks inventories of nuclear Asian descent, Mr. Danneskiold said. And of the House Armed Services Committee on re- materials at Livermore, and one of the em- 322 leaders of technical groups, a lower rung organizing the Energy Department, Rep- ployees who filed the complaint. Now, Ms. in management, only 3 are Asian-American. resentative Ellen O. Tauscher, Democrat of Wong said, ‘‘Pandora’s Box is open.’’ Similar if somewhat less pronounced dis- California, referred to suspicions of racial Laboratory officials deny any systematic parities exist at Livermore; at Sandia, the profiling at Livermore and Sandia. discrimination. If anything, they said, ad- proportion of Asians in management and the Mrs. Tauscher said there was ‘‘the sense ministrators are eager to promote members laboratory are nearly the same. that Asian-Americans are targeted or of ethnic groups. Michael Trujillo, the equal employment scapegoated as potentially coming to work THE COMPLAINTS—A HISTORY OF opportunity officer at Los Alamos, also re- at the labs because they can spy,’’ adding DISCRIMINATION jected the idea that Asian-Americans’ relatively low representation in management that the problem ‘‘has a deleterious effect on The new security directives do not explic- was a result of bias. But Mr. Trujillo said he our ability to recruit and retain.’’ itly mention Asian-Americans or any other could not offer an explanation. ‘‘I don’t Observers say they are not surprised by the group; moreover, Mr. Richardson accom- think that there’s an easy answer on that,’’ comments. panied the directives with a warning that ‘‘There’s no question in my mind that the he said. they should not be seen as an excuse to ques- Asian-Americans are conscientiously avoid- tion the ‘‘loyalty and patriotism’’ of Asian- THE RULES—RESPONSE THAT SOME CALLED ing working in Los Alamos and the other Americans as a group. RACIAL PROFILING labs like the plague,’’ said Prof. L. Ling-chi But the directives required scientists to re- The Energy Department ombudsman, Dr. Wang, chairman of the department of ethnic port ‘‘close and continuing contact’’ with na- Wu, said in an interview that he believed studies and director of the Asian American tionals of sensitive countries—a designation new security rules had infringed on ‘‘indi- studies program at the University of Cali- that overs Russia and most countries in vidual rights and scientific freedom’’ and fornia at Berkeley. Asia, but few countries in Europe. added that he hoped he could improve the Two organizations, the Asian Pacific ‘‘If you have relatives in sensitive coun- situation. Americans in Higher Education and the As- tries, you are under the microscope,’’ said He has been on the job since January, but sociation for Asian American Studies, have Dr. Aaron Lai, a climate researcher at Los he began visiting the laboratories last year called for a boycott, urging Asian-Americans Alamos and a naturalized citizen born in and has already investigated several bias not to work at the laboratories. Professor Wang, who helped organize the Taiwan. ‘‘Before the Wen Ho Lee case, the complaints. In two cases, involving the loss boycott calls, is not alone in thinking that chance of getting promoted was very low,’’ of a security clearance and the termination they have contributed to the flight from the Dr. Lai said. But with the new rules, he said, of a grant, rulings against Asian and Asian- laboratories. ‘‘it’s getting worse.’’ American scientists have been overturned, Dr. Browne said that an ‘‘overall black Joel Wong, an engineer at Livermore, who he said. cloud’’ caused by the boycott was driving is from Hong Kong and is now an American Edward J. Curran, who directs the Energy Asian and Asian-American scientists away, citizen, said, ‘‘They associate foreign-born Department’s counterintelligence office, said but said that the did not believe racial with being a threat.’’ a review almost two years ago led to in- profiling had occurred at Los Alamos. The 19-member committee appointed by creased reporting requirements for many Still, it is difficult to say whether anger Mr. Richardson, issued a report earlier this employees and to polygraph testing of some over security measures is the sole reason for year, based on interviews with workers. Its scientists. He said the rules were intended to the sharp drop in Asian and Asian-American recommendations included appointing an make intelligence officials aware of any un- applicants, particularly with laboratory ombudsman, as Mr. Richardson has done, usual inquiries from foreign nationals and to budget cuts and a booming economy creating and compiling data on minority groups help catch any American scientists who were lucrative jobs in private industry. But the across the department. Existing data are spying, whatever their ethnicity. impact is apparent. sketchy at best. The report also described Among the directives are two that Mr. ‘‘The labs are falling apart,’’ said Dr. Jona- pervasive feelings of unease and fear. Richardson issued last July in which sci- than Medalia, a specialist in national de- In October, the Congressional Asian Pa- entists are required to report certain ‘‘close fense at the Congressional Research Service cific American Caucus heard from several and continuing contact’’ during unclassified and the author of a study on the labora- scientists who said Asian-Americans faced visits with people from countries deemed tories, which he presented at a conference discrimination at the laboratories. sensitive. but has not yet delivered to Congress. Ms. Wong, the Livermore scientist, told Dr. Al West, a security director at Sandia, The loss of talent is most severe in com- the group of a lagging salary, racially insen- said that at least ´one Asian-American sci- puter science, Dr. Medalia said, and if it con- sitive comments from officials, her removal entist, whose fiancee was from Hong Kong,

VerDate 11-MAY-2000 05:57 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.009 pfrm02 PsN: H17PT1 H6076 CONGRESSIONAL RECORD — HOUSE July 17, 2000 left for a longstanding job offer in private in- Guam, because I very much agree with climate that brought it forward and dustry ‘‘because they got tired of dealing the points he made. the climate it may produce must be re- with all the inquiries into their personal af- As I read the resolution, I do not dis- sisted. fairs’’ as a result of the new rule. agree with much of what it says, but I Mr. SKELTON. Mr. Speaker, I have And Dr. Shao-Ping Chen, a physicist at Los am troubled by the climate that Alamos, criticized a requirement to list all no further requests for time, and I contacts and relationships with people in brought it forward and by the climate yield back the balance of my time. sensitive countries. I think it will exacerbate. First, I believe there has been a sub- ‘‘Where it should stop is not easy to tell,’’ b 1545 said Dr. Chen, originally from Taiwan but stantial exaggeration of the threat to now an American citizen. ‘‘If you have a big national security that has so far oc- Mr. SPENCE. Mr. Speaker, I yield 3 family, those people are large numbers.’’ curred from mistakes made at Los Ala- minutes to the gentleman from Texas Henry Tang, chairman of the Committee of mos. I do not believe that we have any (Mr. THORNBERRY). 100, a group of Chinese-Americans engaged in showing that America’s security has Mr. THORNBERRY. Mr. Speaker, I public policy issues, said that in enforcing been, in fact, jeopardized by the errors just want to briefly comment on some the new rules, security officials ‘‘are no dif- that have happened. I also think that of the things we have heard here on the ferent than a highway patrolman suspecting someone merely by virtue of their physical we are likely to see our security jeop- floor. characteristics.’’ ardized if we overreact in a way that The first thing is, of course, there is Dr. Paul D. Moore, who was the F.B.I.’s drives first-rate scientists away from nothing in this resolution which pro- chief of Chinese counterintelligence analysis participating in the national security motes or in any way encourages the for more than 20 years and is now at the Cen- enterprise, and I fear we are coming sorts of concerns that both the gentle- ter for Counterintelligence and Security close to that point. men have talked about. Of course, none Studies, a nongovernmental training center There is, after all, a tension between of us want to do that. in Alexandria, Va., said that belief was mis- security and the kind of intellectual In fact, Mr. Speaker, I fully agree taken. But Dr. Moore said that it had ulti- freedom and creativity that is nec- mately taken root because, in his view, the and I think the committee and Con- Chinese government specifically courts eth- essary for science to flourish. Of gress fully agrees that we want to be nic Chinese in the United States when look- course, we must not sacrifice security, very cautious about saying to any par- ing for potential spies. As a result, he said, but neither can we focus only on secu- ticular group ‘‘We don’t want you,’’ be- counterintelligence agents focus on Chinese- rity and disregard the negative impact cause the fact is, we have to get and Americans. ‘‘It’s unfair,’’ he said, ‘‘but what an excessively harsh and rigid regime keep top quality people in our National are you going to do?’’ can have on those scientists who espe- Laboratories and plants. We can afford THE BOYCOTT—A MIXED REACTION AMONG cially today have many other choices. to do nothing to drive them away. SCIENTISTS They do not have to come to work for But I think it is important to get As racism accusations simmer, the moves the Federal Government. They do not back to the principles that are in this that have sparked the most discussion—and have to come to work in these labora- resolution, which include individual dissension—are the calls for a boycott. tories. If we make the mistake of treat- accountability. That is, if not a group Dr. Shujia Zhou, who left Los Alamos last ing them as perspective spies and year, said, ‘‘The Asian people feel hit hard.’’ but an individual makes a mistake or Dr. Zhou published research in journals criminals, we drive them away. worse, then that individual will be held like Science and Physical Review Letters I must say I am especially concerned accountable for it. but said he left the laboratory because offi- about the anti-Asian-American impact That is what our national security cials made continuing his work difficult, re- of some of these efforts. I, like the gen- requires. It requires that we get and voking his computer access, for example, and tleman from Guam, was disturbed to keep the best quality people, but once because the atmosphere had soured for read in The New York Times, in effect, Asians. they are there and privy to some of the admissions by some of those concerned most sensitive information in the He easily found another job, Dr. Browne, with security that there was, in fact, country, that we hold them account- the Los Alamos director, said that revoking an anti-Asian bias. Indeed, I was inter- able for how they treat that informa- computer privileges for some Asian sci- ested to see when the Federal Govern- entists was an ‘‘unfortunate’’ overreaction tion. That is the principle I think that ment was forced to produce its poten- and that fairer procedures had been put in General Gordon will move ahead with tial list of countries with whom Wen place. as he tries to reach that difficult bal- Ho Lee may have dealt that it was The calls for a boycott have generated ance of doing the work in these facili- mixed reactions at the laboratories. Dr. clear that his own ethnicity was irrele- ties and also balancing the security, Manvendra K. Dubey, a Los Alamos scientist vant to this. Even in the allegations, it and bringing it all together to see that and chairman of its Asian-American Work- was not a case of some idealogical or our security is not compromised. ing Group, said he opposed a boycott ‘‘be- homeland betrayal; the allegation is cause if we disappear from within, we will that Dr. Lee was a man afraid of losing I think that there is a concern that have no voice.’’ Some say the heightened his job and he may have behaved im- all of us share. We want to get and sensitivity to race may eventually help the keep the best quality people, but this laboratories. properly in pursuit of another job with a range of countries. I have no knowl- resolution does not hinder that. In But for now, the security concerns about fact, I would argue that it helps it by Asian countries, the lack of data on where edge of these accusations, and I obvi- and how Asian-American scientists work, ously should not and would not talk moving towards and encouraging indi- and the near-absence of Asians in upper about them. But it is interesting to say vidual accountability. ranks are hindering progress at the labora- that even in this most prominent case, Mr. BEREUTER. Mr. Chairman, will tories, many Asian-American scientists say. no allegation that his ethnicity and his the gentleman yield? Perhaps more pernicious, they add, is the being of Chinese ancestry was at all Mr. THORNBERRY. I yield to the idea, prevalent among some Americans of gentleman from Nebraska. European descent, that rational scientists relevant. Yes, it is important for us to preserve Mr. BEREUTER. Mr. Speaker, I must be immune to ordinary racial bias. thank the gentleman for yielding. That visceral difference in viewpoint may security. It is also important for us not pose the most elusive but enduring barrier to to exaggerate and promote fear because I had not intended to participate in improvements, some Asian scientists say. there has not been any showing that this discussion, but as a member of the ‘‘I think it’s hard for a white person to ap- our security has, in fact, been dam- Cox Select Committee, I do have to say preciate the bias,’’ said Dr. Huan Lee, a Chi- aged; and it is especially important to that we developed extraordinary evi- nese-American scientist at Los Alamos. avoid even the hint of prejudice against dence in a unanimous report from that Mr. SPENCE. Mr. Speaker, I have no our Asian-American fellow citizens. We committee, a bipartisan committee, further speakers at this time. have had too many cases in American that indeed there were grave security Mr. SKELTON. Mr. Speaker, I yield 3 history in which Asian-Americans have losses from and inappropriate security minutes to the gentleman from Massa- been singled out and in every single procedures at the Los Alamos Lab. chusetts (Mr. FRANK). one of them they have been shown to I would also like to mention that Mr. FRANK of Massachusetts. Mr. be unfair. there was no specific reference to Mr. Speaker, I am very pleased to be speak- So if this resolution goes forward, it Lee made in that report. An investiga- ing right after the delegate from in and of itself does no harm. But the tion conducted by the Federal Bureau

VerDate 11-MAY-2000 05:57 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.011 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6077 of Investigation was the way that, I be- are deteriorating at an abnormal rate, (D) ‘‘(1) PERFORMANCE OF OPERATION AND MAIN- lieve, there was the first time his iden- upgrading the structural measure to meet TENANCE.—Rehabilitation assistance pro- tity was ever mentioned in the media changed land use conditions in the watershed vided under this section may not be used to or anyplace else. The Cox Committee served by the structural measure or changed perform operation and maintenance activi- safety criteria applicable to the structural ties specified in the agreement for the cov- made no recommendations. measure, or (E) decommissioning the struc- ered water resource project entered into be- I do think the people who suggest in ture, if requested by the local organization. tween the Secretary and the local organiza- some fashion that Congress has been ‘‘(2) COVERED WATER RESOURCE PROJECT.— tion responsible for the works of improve- identifying particular ethnic group as The term ‘covered water resource project’ ment. Such operation and maintenance ac- responsible for espionage or as security means a work of improvement carried out tivities shall remain the responsibility of the risks, is inappropriate and inaccurate. under any of the following: local organization, as provided in the project Mr. SPENCE. Mr. Speaker, I have no ‘‘(A) This Act. work plan. ‘‘(B) Section 13 of the Act of December 22, further requests for time, and I yield ‘‘(2) RENEGOTIATION.—Notwithstanding 1944 (Public Law 78–534; 58 Stat. 905). paragraph (1), as part of the provision of fi- back the balance of my time. ‘‘(C) The pilot watershed program author- nancial assistance under subsection (b), the The SPEAKER pro tempore (Mr. MIL- ized under the heading ‘FLOOD PREVENTION’ Secretary may renegotiate the original LER of Florida). The question is on the of the Department of Agriculture Appropria- agreement for the covered water resource motion offered by the gentleman from tion Act, 1954 (Public Law 156; 67 Stat. 214). project entered into between the Secretary South Carolina (Mr. SPENCE) that the ‘‘(D) Subtitle H of title XV of the Agri- and the local organization regarding respon- House suspend the rules and agree to culture and Food Act of 1981 (16 U.S.C. 3451 et sibility for the operation and maintenance of the resolution, H. Res. 534. seq.; commonly known as the Resource Con- the project when the rehabilitation is fin- servation and Development Program). The question was taken. ished. ‘‘(3) STRUCTURAL MEASURE.—The term ‘‘(e) APPLICATION FOR REHABILITATION AS- Mr. SPENCE. Mr. Speaker, on that I ‘structural measure’ means a physical im- SISTANCE.—A local organization may apply demand the yeas and nays. provement that impounds water, commonly to the Secretary for technical and financial The yeas and nays were ordered. known as a dam, which was constructed as assistance under this section if the applica- The SPEAKER pro tempore. Pursu- part of a covered water resource project, in- tion has also been submitted to and approved ant to clause 8 of rule XX and the cluding the impoundment area and flood by the State agency having supervisory re- Chair’s prior announcement, further pool. sponsibility over the covered water resource ‘‘(b) COST SHARE ASSISTANCE FOR REHABILI- project at issue or, if there is no State agen- proceedings on this motion will be TATION.— postponed. cy having such responsibility, by the Gov- ‘‘(1) ASSISTANCE AUTHORIZED.—The Sec- ernor of the State. The Secretary shall re- f retary may provide financial assistance to a quest the State dam safety officer (or equiv- local organization to cover a portion of the SMALL WATERSHED REHABILITA- alent State official) to be involved in the ap- total costs incurred for the rehabilitation of plication process if State permits or approv- TION AMENDMENTS OF 2000 structural measures originally constructed als are required. The rehabilitation of struc- Mr. LUCAS of Oklahoma. Mr. Speak- as part of a covered water resource project. tural measures shall meet standards estab- er, I move to suspend the rules and The total costs of rehabilitation include the lished by the Secretary and address other costs associated with all components of the dam safety issues. At the request of the local pass the bill (H.R. 728) to amend the rehabilitation project, including acquisition Watershed Protection and Flood Pre- organization, personnel of the Natural Re- of land, easements, and rights-of-ways, reha- sources Conservation Service of the Depart- vention Act to authorize the Secretary bilitation project administration, the provi- ment of Agriculture may assist in preparing of Agriculture to provide cost share as- sion of technical assistance, contracting, and applications for assistance. construction costs, except that the local or- sistance for the rehabilitation of struc- ‘‘(f) RANKING OF REQUESTS FOR REHABILITA- ganization shall be responsible for securing tural measures constructed as part of TION ASSISTANCE.—The Secretary shall estab- water resource projects previously all land, easements, or rights-of-ways nec- lish such system of approving rehabilitation funded by the Secretary under such essary for the project. requests, recognizing that such requests will ‘‘(2) AMOUNT OF ASSISTANCE; LIMITATIONS.— be received throughout the fiscal year and Act or related laws, as amended. The amount of Federal funds that may be The Clerk read as follows: subject to the availability of funds to carry made available under this subsection to a out this section, as is necessary for proper H.R. 728 local organization for construction of a par- administration by the Department of Agri- Be it enacted by the Senate and House of Rep- ticular rehabilitation project shall be equal culture and equitable for all local organiza- resentatives of the United States of America in to 65 percent of the total rehabilitation tions. The approval process shall be in writ- Congress assembled, costs, but not to exceed 100 percent of actual ing, and made known to all local organiza- construction costs incurred in the rehabilita- SECTION 1. SHORT TITLE. tions and appropriate State agencies. tion. However, the local organization shall This Act may be cited as the ‘‘Small Wa- ‘‘(g) PROHIBITION ON CERTAIN REHABILITA- be responsible for the costs of water, min- tershed Rehabilitation Amendments of 2000’’. TION ASSISTANCE.—The Secretary may not eral, and other resource rights and all Fed- TITLE I—DAM REHABILITATION approve a rehabilitation request if the need eral, State, and local permits. for rehabilitation of the structure is the re- SEC. 101. REHABILITATION OF WATER RESOURCE ‘‘(3) RELATION TO LAND USE AND DEVELOP- sult of a lack of adequate maintenance by STRUCTURAL MEASURES CON- MENT REGULATIONS.—As a condition on enter- the party responsible for the maintenance. STRUCTED UNDER CERTAIN DE- ing into an agreement to provide financial ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— PARTMENT OF AGRICULTURE PRO- assistance under this subsection, the Sec- There is authorized to be appropriated to the GRAMS. retary, working in concert with the affected Secretary to provide financial and technical The Watershed Protection and Flood Pre- unit or units of general purpose local govern- assistance under this section— vention Act (16 U.S.C. 1001 et seq.) is amendment, may require that proper zoning or ‘‘(1) $5,000,000 for fiscal year 2001; ed by adding at the end the following new other developmental regulations are in place ‘‘(2) $10,000,000 for fiscal year 2002; section: in the watershed in which the structural ‘‘(3) $15,000,000 for fiscal year 2003; ‘‘SEC. 14. REHABILITATION OF STRUCTURAL measures to be rehabilitated under the ‘‘(4) $25,000,000 for fiscal year 2004; and MEASURES NEAR, AT, OR PAST agreement are located so that— ‘‘(5) $35,000,000 for fiscal year 2005. THEIR EVALUATED LIFE EXPECT- ‘‘(A) the completed rehabilitation project ANCY. ‘‘(i) ASSESSMENT OF REHABILITATION is not quickly rendered inadequate by addi- ‘‘(a) DEFINITIONS.—For purposes of this sec- NEEDS.—The Secretary, in concert with the tional development; and tion: responsible State agencies, shall conduct an ‘‘(B) society can realize the full benefits of ‘‘(1) REHABILITATION.—The term ‘rehabili- assessment of the rehabilitation needs of the rehabilitation investment. tation’, with respect to a structural measure covered water resource projects in all States ‘‘(c) TECHNICAL ASSISTANCE FOR WATER- in which such projects are located. constructed as part of a covered water re- SHED PROJECT REHABILITATION.—The Sec- source project, means the completion of all retary, acting through the Natural Re- ‘‘(j) RECORDKEEPING AND REPORTS.— work necessary to extend the service life of sources Conservation Service, may provide ‘‘(1) SECRETARY.—The Secretary shall the structural measure and meet applicable technical assistance in planning, designing, maintain a data base to track the benefits safety and performance standards. This may and implementing rehabilitation projects derived from rehabilitation projects sup- include (A) protecting the integrity of the should a local organization request such as- ported under this section and the expendi- structural measure or prolonging the useful sistance. Such assistance may consist of spe- tures made under this section. On the basis life of the structural measure beyond the cialists in such fields as engineering, geol- of such data and the reports submitted under original evaluated life expectancy, (B) cor- ogy, soils, agronomy, biology, hydraulics, paragraph (2), the Secretary shall prepare recting damage to the structural measure hydrology, economics, water quality, and and submit to Congress an annual report from a catastrophic event, (C) correcting the contract administration. providing the status of activities conducted deterioration of structural components that ‘‘(d) PROHIBITED USE.— under this section.

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.058 pfrm02 PsN: H17PT1 H6078 CONGRESSIONAL RECORD — HOUSE July 17, 2000 ‘‘(2) GRANT RECIPIENTS.—Not later than 90 authority to provide financial assist- must continue to build on this partner- days after the completion of a specific reha- ance to local organizations for up to 65 ship. bilitation project for which assistance is pro- percent of the total rehabilitation con- Today the Small Watershed Program vided under this section, the local organiza- struction costs for those dams built represents an $8.5 billion Federal in- tion that received the assistance shall make a report to the Secretary giving the status of under the Small Watershed Program. vestment and an estimated $6 billion any rehabilitation effort undertaken using H.R. 728 will authorize a total of $90 local investment in the infrastructure financial assistance provided under this sec- million over the next 5 years, begin- of our Nation. We do not allow our tion.’’. ning in 2001, to help us rehabilitate our highways to crumble, nor should we ig- TITLE II—DAM SAFETY Nation’s watershed projects and ensure nore our small watershed dams. It is SEC. 201. DAM SAFETY. that we and our communities continue time we address the rehabilitation (a) INVENTORY AND ASSESSMENT OF OTHER to enjoy the benefits that watershed needs of these structures. DAMS.— projects offer. The fact is, these small watersheds (1) INVENTORY.—The Secretary of the Army My predecessors left a legacy with have done such a good job that most (in this section referred to as the ‘‘Sec- the Small Watershed Program. They people do not even realize they exist as retary’’) shall establish an inventory of dams realized the impact that this program they drive by them, as they go up and constructed by and using funds made avail- would have on both the State of Okla- down the highways. There are not able through the Works Progress Adminis- homa and the Nation as whole. many programs that have that kind of tration, the Works Projects Administration, I was raised in and still live in Roger a success factor. and the Civilian Conservation Corps. Mills County, Oklahoma. One of the We must continue to build on this (2) ASSESSMENT OF REHABILITATION NEEDS.—In establishing the inventory re- things I most clearly recall from grow- program that our predecessors started quired under paragraph (1), the Secretary ing up there was the sight of these over 50 years ago. It has been a great shall also assess the condition of the dams flood control dams near my home. I did privilege to champion this cause here on such inventory and the need for rehabili- not know it at the time, but those in our Nation’s capital that will have tation or modification of the dams. dams were built because community such a direct impact on my home coun- (b) REPORT TO CONGRESS.—Not later than 2 and political leaders knew from first- ty, my home State, and our Nation as years after the date of enactment of this hand experience the importance of a whole. I look forward to seeing this Act, the Secretary shall transmit to Con- gress a report containing the inventory and flood control. They had witnessed the legislation passed into law, and con- assessment required by this section. horrible floods that washed across tinuing to build on one of the most suc- (c) INTERIM ACTIONS.— Oklahoma’s watersheds in the 1930s and cessful programs our government has (1) IN GENERAL.—If the Secretary deter- 1940s, terrifying events that inspired known. mines that a dam referred to in subsection them to take the necessary steps to re- Mr. Speaker, I reserve the balance of (a) presents an imminent and substantial duce the threats that flooding poses to my time. risk to public safety, the Secretary is au- people, land, and water quality. Mr. STENHOLM. Mr. Speaker, I yield thorized to carry out measures to prevent or Since 1944, over 101⁄2 thousand small myself such time as I may consume. mitigate against such risk. watershed dams have been built in the Mr. Speaker, I rise today in support (2) EXCLUSION.—The assistance authorized in paragraph (1) shall not be available to United States. Over 2,000 of those dams of H.R. 728, the Small Watershed Reha- dams under the jurisdiction of the Depart- are located in Oklahoma. Many of bilitation Amendments of 2000. This ment of the Interior. these dams were planned and designed bill amends the Watershed Protection (3) FEDERAL SHARE.—The Federal share of with a lifespan of 50 years. Fifty years and Flood Control Protection Act, also the cost of assistance provided under this ago there was little concern about known as P.L. 566 program, to author- subsection shall be 65 percent of such cost. what to do when these dams reached ize the Secretary of Agriculture to pro- (4) AUTHORIZATION OF APPROPRIATIONS.— their life expectancy. vide financial assistance to eligible There is authorized to be appropriated to During the week of July 4, 1998, a local organizations to cover a portion carry out this section a total of $25,000,000 for fiscal years beginning after September 30, celebration in Cordell, Oklahoma, of the total cost for the rehabilitation 1999, of which not more than $5,000,000 may marked the 50th anniversary of Amer- of structural measures originally con- be expended on any 1 dam. ica’s first United States Department of structed as part of the Department of (d) COORDINATION.—In carrying out this Agriculture small watershed dam. This Agriculture’s USDA water resource section, the Secretary shall coordinate with is just one of a thousand dams that will project. the appropriate State dam safety officials reach the end of their 50-year life ex- Under current law, the Secretary of and the Director of the Federal Emergency pectancy within the next 10 years. Agriculture, acting through the Nat- Management Agency. Although the Federal government ural Resources Conservation Service, is The SPEAKER pro tempore. Pursu- paid for the construction costs of these authorized to provide technical and fi- ant to the rule, the gentleman from dams, under current law, there is no nancial assistance to local organiza- Oklahoma (Mr. LUCAS) and the gen- Federal authority or funds to rehabili- tions in planning and carrying out tleman from Texas (Mr. STENHOLM) tate them. Repair costs are far beyond small watershed projects for flood pro- each will control 20 minutes. the budgets of the local sponsors. tection, agriculture and water manage- The Chair recognizes the gentleman The Federal government clearly has ment, recreation, municipal and indus- from Oklahoma (Mr. LUCAS). a responsibility to ensure dam safety. trial water supply, and wildlife en- Mr. LUCAS of Oklahoma. Mr. Speak- We cannot wait until a disaster hap- hancement. er, I yield myself such time as I may pens. If rehabilitation is not done, we Many of the 10,000-plus dams built consume. may be faced with the awesome and under this program are reaching the Mr. Speaker, I appreciate the efforts awful possibilities of flooding, loss of end of their 50-year design life and are of the gentleman from Texas (Chair- wildlife habitat, water shortages, and in need of rehabilitation. In fact, some man COMBEST) and the ranking mem- pollution. Far more regrettable in the now pose a threat to public health and ber, the gentleman from Texas (Mr. case of failure, we might be confronted safety. STENHOLM), in helping me bring for- with the loss of life, and yes, property, During the Committee on Agri- ward H.R. 728, the Small Watershed Re- crops, and livestock. culture’s markup of this legislation, I habilitation Amendments. The economic impact of dam failures offered an amendment to protect the I also appreciate the support of the on communities and local economies privacy of information provided to gentleman from Pennsylvania (Chair- would be devastating. We must act be- USDA by the farmers and ranchers par- man SHUSTER) and the gentleman from fore any of these situations occur. ticipating in the Department’s vol- New York (Mr. BOEHLERT) for this very The small watershed program is one untary programs or receiving technical important bill. of our Nation’s most successful public assistance. Seeing the need for rehabilitation of and private partnerships. In fact, these My amendment, which was accepted aging dams built across the State of completed small watershed projects by the committee, was designed to pro- Oklahoma and the country, I intro- have provided over $2.20 in benefits for tect the trust established between the duced H.R. 728. This legislation will every $1 in cost. Very few government USDA and America’s farmers and give the Secretary of Agriculture the programs can make that claim. We ranchers resulting in the high level of

VerDate 11-MAY-2000 05:57 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.019 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6079 participation we currently enjoy in our First let me congratulate the gen- have been constructed over the past 50 voluntary conservation programs. tleman from Oklahoma (Mr. LUCAS) years. These small dams and other When landowners come in on a vol- and his colleagues, and commend the structures, constructed under the P.L. untary basis to work on their local leadership of the Committee on Trans- 566 program, have provided numerous NRCS, Farm Service Agency, or con- portation and Infrastructure and the benefits over the past decades, includ- servation district office to implement Committee on Agriculture for moving ing flood control, wildlife habitat, conservation measures on their farms forward with this important legisla- recreation, irrigation and water sup- and ranches, they need to be assured tion. plies. This program has been especially im- that the information they provide re- b 1600 mains confidential. Concerns have been portant to Nebraska. Over the years, raised that if this information was H.R. 728 responds to a growing crisis the P.L. 566 program has resulted in transferred to other agencies or enti- in water resources infrastructure the installation of 880 dams and other ties, it would lose its confidential na- throughout this Nation. There are over structures in Nebraska. In fact, this ture and could be made public. 10,000 dams constructed under national Member is proud to point out that his The provision I offered would not resource conservation service pro- district, the First Congressional Dis- have prevented other Federal agencies grams; many are in need of critical re- trict of Nebraska, has more P.L. 566 from collecting data under their own pair and are presenting flooding and dams and structures than any other statutory authority. It would merely environmental threats to communities. district in the Nation. The more than protect from disclosure to other Fed- This bill responds in two ways. Title 700 structures in this Member’s district eral regulatory entities the confiden- I authorizes NRCS to rehabilitate provides flood protection, reduces ero- tial information provided to USDA, aging and deteriorating dams con- sion and provides many useful benefits. Throughout Nebraska, it is estimated local conservation districts, or RC&D structed under the agency’s small wa- that the State realizes a minimum of councils by a farmer, rancher, or land- tershed program. Title II authorizes $27 million in annual direct benefits as owner who has participated in the the Corps of Engineers to inventory a result of these structures. Docu- USDA conservation program. and assess the condition of dams con- mentation and examples of those bene- Without this protection, the billions structed decades ago under other au- fits are found in the report by the Na- of dollars in technical and financial as- thorities, such as the Work Projects tional Resource Conservation Service, sistance spent every year by the tax- Administration and the Civilian Con- the NRCS, of the USDA, entitled ‘‘Pro- payers to help the Nation’s landowners servation Corps, and in the interim, to tecting the ‘Good Life’ through P.L. protect our soil and water resources provide emergency measures to pre- 566; The Watershed Protection and could be jeopardized because of the un- vent risks to the public. A good example of these aging dams Flood Prevention Act across Ne- willingness of producers to participate braska.’’ in our voluntary programs. In short, is the Mountain Springs dam right on the edge of my congressional district. As just mentioned, during the pre- my amendment would have ensured vious 50 years, more than 10,000 up- It is a dam that has provided flood con- that our voluntary, incentive-based stream flood control dams have been trol and watershed qualities through- programs are kept separate from the built throughout the United States. out 60 years, and now it is about to be regulatory efforts of other agencies. The NRCS has provided cost-sharing drained because it is deemed dan- If Members doubt the callous dis- and technical assistance while local gerous. We need these things attended regard that some Federal agencies have sponsors have assumed responsibility to. for the American farmer, rancher, and for the operation and maintenance of Mr. Speaker, I would also like to em- the average citizen in general, look no the structures when they were com- phasize that these projects should be further than EPA’s persistence with pleted. Unfortunately, many of those performed in the most cost-effective the total maximum daily load (TMDL) structures are now reaching the end of manner that accomplishes the rehabili- regulations. their 50-year designed life. Without sig- After a dozen congressional hearings, tation objective. However, the Sec- nificant rehabilitation, much of this 35,000 written comments, and clear in- retary is not required to develop a cost investment could be lost. tent from Congress via the military benefit ratio analysis or a cost benefit This act authorizes the Secretary of construction conference report that ratio. Agriculture to cover a portion of the the proposed TMDL regulations needed Mr. Speaker, this bill is about restor- total costs incurred for the rehabilita- to be withdrawn and thoroughly re-ex- ing infrastructure, enhancing public tion of those structures. The bill does amined, the EPA persisted in their pol- safety, and protecting the environ- not allow any assistance to be provided icy to put forth these tainted regula- ment. America’s rural communities in to perform operation and maintenance tions. particular will benefit. activities, a limitation this Member We need to send a strong message For all of these reasons, Mr. Speaker, strongly supports. that information provided on a vol- I strongly urge my colleagues to sup- During a hearing of the Sub- untary basis for purposes of receiving port H.R. 728. committee on Water and Environment assistance from USDA should remain Mr. LUCAS of Oklahoma. Mr. Speak- of the Committee on Transportation confidential to all parties working in er, I yield 5 minutes to the gentleman and Infrastructure, this Member shared cooperation with USDA. While it is un- from Nebraska (Mr. BEREUTER). with the subcommittee a letter from fortunate that this could not be accom- (Mr. BEREUTER asked and was Dayle Williamson who, until very re- plished here today on this worthy bill, given permission to revise and extend cently, was the outstanding, highly re- this issue must be addressed by Con- his remarks.) spected director of the State of Nebras- gress. Mr. BEREUTER. Mr. Speaker, I ka’s Natural Resources Commission, he I want to applaud and thank my col- thank the gentleman from Oklahoma just retired, which emphasized that the league, the gentleman from Oklahoma for yielding me this time. sponsors of Nebraska’s projects have (Mr. LUCAS), for his hard work in work- Mr. Speaker, I rise in strong support been providing adequate maintenance ing to draft and pass this legislation. I of H.R. 728. I want to thank the distin- over the years for the structures. urge my colleagues to support H.R. 728. guished gentleman from Oklahoma Therefore, he suggested, and this Mem- Mr. Speaker, I reserve the balance of (Mr. LUCAS) for his outstanding initia- ber agrees, that they should not be pe- my time. tive and effort in introducing this leg- nalized for their stewardship by allow- Mr. LUCAS. Mr. Speaker, I yield 5 islation and the leadership of the two ing other States to tap into scarce re- minutes to the gentleman from Penn- committees for advancing it. sources to perform routine operation sylvania (Mr. SHERWOOD). As a cosponsor of this legislation, and maintenance which they routinely Mr. SHERWOOD. Mr. Speaker, on be- this Member certainly supports the should have been providing. The gen- half of the Committee on Transpor- goals of this measure. It is clearly ap- tleman from Oklahoma (Mr. LUCAS) tation and Infrastructure, I rise in sup- propriate to provide necessary re- has taken that fully into consider- port of H.R. 728, the Small Watershed sources to aid in the rehabilitation of ation. Another outstanding feature of Rehabilitation Amendments of 2000. the small watershed structures which this legislation.

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.039 pfrm02 PsN: H17PT1 H6080 CONGRESSIONAL RECORD — HOUSE July 17, 2000 This Member additionally asked for various committees and subcommit- Mr. Speaker, I support passage of H.R. 728, specific safeguards to ensure that fund- tees who worked on this. and urge my colleagues to do the same. ing would not be used for the purposes From a concept that initially came Mr. BOEHLERT. Mr. Speaker, I rise in of routine operation and maintenance. together in July of 1998 at a gathering strong support of H.R. 728, the Small Water- I am pleased, therefore, to note that a to celebrate 50 years of successful serv- shed Rehabilitation Amendments of 2000. provision was added to the legislation ice by one of these structures to the H.R. 728 authorizes the Department of Agri- which states that the Secretary of Ag- bill, that was then filed again in Feb- culture, through the Natural Resources Con- riculture may not approve a rehabilita- ruary of 1999, that has worked its way servation Service, to rehabilitate dams con- tion request if it is determined that the through subcommittee and full Com- structed as part of their small watershed pro- need for rehabilitation of the structure mittee on Agriculture, subcommittee gram and other conservation programs. is the result of a lack of adequate and full Committee on Transportation This bill also authorizes additional dam safe- maintenance by the party responsible and Infrastructure, that has been ex- ty measures for the Corps of Engineers. H.R. for the maintenance. amined by resources, a bill that is, if 728 requires the Secretary of the Army to in- Nevertheless, it is clear that there there is such a thing, a textbook way ventory and assess the condition of certain are a great many instances where as- of reviewing legislation, we have at one dams and to take interim actions to prevent sistance is appropriate and necessary. point or other in the last year and a threats to public safety. This Member believes that H.R. 728 rec- half examined every facet of this con- This bill invests in our nation's aging dam ognizes this growing need and provides cept, I think, from every perspective. infrastructure. It will increase public health and a far-sighted approach in addressing The legislation that we have today, safety and environmental protection. It will these problems. By providing addi- thanks to the gentleman from Texas bring jobs, piece of mind and environmental tional assistance now, we can ensure (Mr. STENHOLM), ranking member, and benefits to communities with deteriorating that the original investments will con- the gentleman from Texas (Chairman dams. The final language, essentially what the tinue to pay dividends well into the fu- COMBEST), and many other Members, is Transportation and Infrastructure Committee ture. a good solid piece of legislation that Mr. Speaker, this Member urges his will do the things that need to be done reported last November, is the result of extensive input from engineers, construction con- colleagues to support H.R. 728 and in this country and in a fashion we will tractors, environmental advocates, dam safety again commends the gentleman from all be proud of. officials, local government representatives, Oklahoma (Mr. LUCAS) for his out- Mr. Speaker, I urge all of my col- and Federal agencies. It includes, among standing initiative. leagues to support the continued pro- other things, important flexibility in defining Mr. STENHOLM. Mr. Speaker, I yield gram that has been so successful for ``rehabilitation'' so that environmentally sound myself such time as I may consume. half a century now or more. Mr. Speaker, let me just say again in Mr. SHUSTER. Mr. Speaker, I rise in sup- and locally supported options, such as ``decommissioning,'' may be considered. reiteration of what all of my col- port of H.R. 728, the small watershed rehabili- I congratulate Representative FRANK LUCAS leagues who have testified in favor of tation amendments of 2000. The bill takes and his colleagues for pursuing this legislation this legislation today and the Sub- steps to improve the nation's deteriorating and I thank the Transportation and Infrastruc- committee on Water Resources and En- water resources infrastructure and requires the ture Committee and the Agriculture Committee vironment of the Committee on Trans- Secretary of Agriculture to rehabilitate aging for their cooperation and leadership. In par- portation and Infrastructure, I do also dams built under programs of the Natural Re- ticular, I thank the leadership of the Agriculture thank them for their work and input sources Conservation Service. Committee and Chairman BUD SHUSTER, into this very important legislation. The bill also requires the Secretary of the Ranking Democrat JIM OBERSTAR, Ranking I know, speaking from back home in Army to inventory and assess certain dams Democrat of the Water Resources and Envi- Texas, the importance of these projects from the Great Depression era and authorizes ronment Subcommittee, Representative BOB has been demonstrated time and time actions to mitigate against immediate threats BORSKI, for their interest and support. From again over these 50 years, but now par- to public safety. the beginning, our Subcommittee on Water ticularly as cities like Dallas and Fort I commend Representative FRANK LUCAS Resources and Environment, which I chair, Worth begin to look at some very seri- and his colleagues for championing this legis- recognized H.R. 728 could help make commu- ous flood concerns that they have and lation and the leadership of the Agriculture nities safer and cleaner. how they might address that. Other Committee for their cooperation, as well. For all these reasons, I urge my colleagues cities all over the United States, most Thanks should also go to my colleagues on to pass this important, critically-needed legisla- communities will find, when one looks the Transportation and Infrastructure Com- tion. at how to solve a problem of flood con- mittee, in particular Representative JIM OBER- Mr. WATKINS. Mr. Speaker, I stand before trol that one will find the small water- STAR, the ranking Democrat, Representative you today in full support of H.R. 728, the shed projects would be right at the top SHERRY BOEHLERT, the chairman of the Water Small Watershed Rehabilitation Amendments of the list. Resources and Environment Subcommittee, of 1999. Most importantly, I want to stress to Now, when we have these large num- and Representative BOB BORSKI, the sub- my colleagues why this piece of legislation is ber of dams that have been built and committee's ranking member. vital to so many rural areas of the United are in need of rehabilitation, this legis- The Transportation and Agriculture Commit- States. lation only make makes very, very se- tees share jurisdiction over the NRCS's small Since the 1940's, over 100,000 small water- rious common sense. watershed program and worked together shed dams have been built under USDA pro- So I appreciate, again, the gentleman closely to revise and improve title I of this criti- grams. Small watershed dams provide great from Oklahoma (Mr. LUCAS) for bring- cally important legislation. I also appreciate benefit to their surrounding areas. These ing this legislation to all of our atten- the Agriculture Committee's cooperation with dams provide downstream flood protection, tion, and all of the cooperation that respect to title II, relating to the Army Corps of water quality improvement, irrigation water, has been made to reach it to the point Engineers' authorities regarding dam safety and rural water supplies. In flood control to where we are today. I encourage the and included by the Transportation and Infra- alone, the Natural Resources Conservation House to support the bill. structure Committee. Service and the USDA estimate the small wa- Mr. Speaker, I yield back the balance Mr. Speaker, the needs are great. Rehabili- tershed dams prevent more than $800 million of my time. tating the nation's dams will not be cheap but in damages each year. People can also enjoy Mr. LUCAS of Oklahoma. Mr. Speak- the benefits will be enormous. With over increased recreation and wildlife habitat. er, I yield myself such time as I may 10,000 small watershed dams in need of reha- The bad news is that many have reached or consume. bilitation, H.R. 728 takes an important and are rapidly approaching their fifty year life Mr. Speaker, in conclusion, I wish timely first step. We anticipate NRCS and af- span. Numerous structures are in need of re- once again to express my appreciation fected local communities will undertake cost- habilitation to ensure the continued environ- of the gentleman from Texas (Mr. effective rehabilitation measures and coordi- mental and economic benefits that our country STENHOLM), the gentleman from Ne- nate closely with State dam safety officials. currently enjoys. Action must be taken to pre- braska (Mr. BEREUTER), and the gen- We also anticipate that, if funded, this bill will vent the loss of life, water supply, and flood tleman from Pennsylvania (Mr. SHER- make communities safer and cleaner as flood- control that these dams afford to many rural WOOD) and all of the members of the ing and sedimentation risks are reduced. areas.

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 9920 E:\CR\FM\K17JY7.041 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6081 Currently, no funding source exists to re- Whereas Latvia since then has successfully tions have now become the norm, and store watershed projects, and local sponsors built democracy, passed legislation on the Saeima acts as a fully-functioning do not have the resources to attempt to save human and minority rights that conform to parliament. Inflation has been reduced, European and international norms, ensured and Latvia has made major strides in these dams. H.R. 728 establishes financial as- the rule of law, developed a free market sistance for the assessment and rehabilitation economy, and consistently pursued a course privatization. of small watershed dams over the next ten of integration into the community of free While the export market to Russia years. With federal cost sharing, local spon- and democratic nations by seeking member- has collapsed, important new trading sors will now have the opportunity to repair ship in the North Atlantic Treaty Organiza- partnerships have been found in Po- these crucial watersheds. tion (NATO); and land, Germany and the West. Much re- The necessity of federal attention to this Whereas Latvia, as a result of the progress mains to be done, but Latvians and problem is critical, and I thank my friend and of its political and economic reforms, has Latvian-Americans can take justifiable made, and continues to make, a significant pride at what has thus far been accom- Oklahoma colleague Mr. LUCAS for his leader- contribution toward the maintenance of ship of this matter and his support and com- international peace and stability by, among plished in Latvia. mitment to the restoration of these structures. other actions, its participation in NATO-led For our part, the United States con- I call upon my colleagues to recognize the im- peacekeeping operations in Bosnia and tinues to work for the Baltic nations to portance of this legislation with their support of Kosovo: Now, therefore, be it deepen and broaden our relationship. H.R. 728. Resolved by the House of Representatives (the As but one example, NATO military of- Mr. LUCAS of Oklahoma. Mr. Speak- Senate concurring), That the Congress— ficers, including Americans, continue er, I yield back the balance of my time. (1) congratulates Latvia on the occasion of to work with the Latvian military di- the 10th anniversary of the reestablishment rectly and through NATO’s Partnership The SPEAKER pro tempore (Mr. of its independence and the role it played in MILLER of Florida). The question is on the disintegration of the former Soviet For Peace program. the motion offered by the gentleman Union; and Latvia-Americans should also be from Oklahoma (Mr. LUCAS) that the (2) commends Latvia for its success in im- proud of their contributions, with some House suspend the rules and pass the plementing political and economic reforms, retired military officers actually serv- bill, H.R. 728, as amended. which may further speed the process of that ing in key positions in the Latvian The question was taken; and (two- country’s integration into European and Armed Forces and the Ministry of De- thirds having voted in favor thereof) Western institutions. fense. the rules were suspended and the bill, The SPEAKER pro tempore. Pursu- As the NATO Summit in Washington, as amended, was passed. ant to the rule, the gentleman from D.C. last year concluded, Latvia joined The title of the bill was amended so Nebraska (Mr. BEREUTER) and the gen- in the Enhanced and More Operational as to read: tleman from California (Mr. LANTOS) Partnership, EMOP, a program de- ‘‘A bill to amend the Watershed Protection each will control 20 minutes. signed to speed the day when Latvia and Flood Prevention Act to authorize the The Chair recognizes the gentleman can become a full contributing member Secretary of Agriculture to provide cost from Nebraska (Mr. BEREUTER). of the North Atlantic Treaty Organiza- share assistance for the rehabilitation of GENERAL LEAVE tion. The goal, which this Member structural measures constructed as part of Mr. BEREUTER. Mr. Speaker, I ask strongly endorses, is to move beyond water resource projects previously funded by the expressions of support and facili- the Secretary under such Act or related unanimous consent that all Members laws, and for other purposes.’’. may have 5 legislative days within tate the concrete steps that will result which to revise and extend their re- in Latvia’s further integration into the A motion to reconsider was laid on marks on H. Con. Res. 319. West. the table. The SPEAKER pro tempore. Is there In other areas of cooperation, Peace f objection to the request of the gen- Corps volunteers now teach Latvian GENERAL LEAVE tleman from Nebraska? schools and help Latvian small busi- There was no objection. nessmen and women with such basic Mr. LUCAS of Oklahoma. Mr. Speak- Mr. BEREUTER. Mr. Speaker, I yield tasks as accounting and marketing. er, I ask unanimous consent that all myself such time as I may consume. This Member is particularly pleased Members may have 5 legislative days (Mr. BEREUTER asked and was that the United States has created a within which to revise and extend their given permission to revise and extend Baltic American Enterprise Fund de- remarks on H.R. 728, the bill just his remarks, and include extraneous signed to underwrite fledgling entre- adopted. material.) preneurs from Lithuania, Latvia, and The SPEAKER pro tempore. Is there Mr. BEREUTER. Mr. Speaker, this Estonia. objection to the request of the gen- Member rises in very strong support Finally, this Member would point out tleman from Oklahoma? for H. Con. Res. 319, a resolution con- that the House of Representatives has There was no objection. gratulating the Republic of Latvia on been and is assisting the Latvian f the 10th anniversary of the reestablish- Saeima with such basic necessities as CONGRATULATING REPUBLIC OF ment of its independence from the law books and computers, various LATVIA ON 10TH ANNIVERSARY former Soviet Union. This Member is kinds of library assistance. OF REESTABLISHMENT OF INDE- pleased to be a cosponsor of this impor- In 1995, this Member was part of a bi- PENDENCE FROM FORMER SO- tant statement of support. partisan House task force which ap- VIET UNION Mr. Speaker, the Baltic States of proved and oversaw this assistance to Latvia, Lithuania, and Estonia had this parliamentary body, as we did in Mr. BEREUTER. Mr. Speaker, I move been prosperous and progressive inde- the other two Baltic States, and visited to suspend the rules and agree to the pendent nations, a set of three nations, Latvia for that and other foreign pol- concurrent resolution (H. Con. Res. 319) prior to the infamous Molotov-Ribben- icy security purposes. It should be congratulating the Republic of Latvia trop Pact, an agreement that heralded noted, additionally, that such assist- on the 10th anniversary of the reestab- 5 decades of repression. ance most assuredly is not a hand-out. lishment of its independence from the The United States, of course, never Rather, we are offering a helping hand rule of the former Soviet Union. recognized this unlawful act of inter- to a nation with historically close ties The Clerk read as follows: national aggression. By 1990, the Soviet to the United States. We are helping H. CON. RES. 319 terror machine no longer held sway, Latvians build a future where their Whereas the United States had never rec- and the long-standing courage and de- country can continue to progress in its ognized the forcible incorporation of the Bal- termination of the Latvian people was rightful place as a full member of the tic states of Estonia, Latvia, and Lithuania finally rewarded with freedom. Again, European family of democratic na- into the former Soviet Union; it was the United States that was Whereas the declaration on May 4, 1990, of tions. the reestablishment of full sovereignty and among the first to recognize their inde- Mr. Speaker, this Member congratu- independence of the Republic of Latvia pendence when they broke free. lates, in particular, the distinguished furthered the disintegration of the former No one could have predicted the rapid gentleman from Illinois (Mr. SHIMKUS) Soviet Union; reintegration with the West. Free elec- for crafting a resolution that merits

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.037 pfrm02 PsN: H17PT1 H6082 CONGRESSIONAL RECORD — HOUSE July 17, 2000 the support of all Members of this are no longer alive. But some are, and his friendship and support, as well as body. This Member urges support for H. it has been critical to remind our all of the original cosponsors of this Con. Res. 319. friends in the Baltic states that it is legislation. Mr. Speaker, I reserve the balance of their moral and legal obligation to Mr. Speaker, Latvia lost its freedom my time. bring the perpetrators of crimes on August 23, 1939, when Nazi Germany Mr. LANTOS. Mr. Speaker, I yield against humanity to justice, irrespec- and the U.S.S.R. signed a nonaggres- myself such time as I may consume. tive of their age and medical condition. sion pact and the Baltic states were Mr. Speaker, let me at the outset I have had the privilege of working placed in the Soviet sphere of influ- congratulate the gentleman from Illi- with the presidents of all three Baltic ence. By August 1940, the nation had nois (Mr. SHIMKUS) for crafting this countries and with members of par- been placed under Soviet military oc- very excellent resolution. I want to liament and, on the whole, I want to cupation and was incorporated as a re- thank the gentleman from Nebraska commend them for approaching this public of the U.S.S.R. The United (Mr. BEREUTER) for his eloquent and important remaining assignment from States never recognized the incorpora- cogent and strong statement. I want to the dark period of the Second World tion of these independent countries associate myself with the comments of War with diligence and sincere com- into the Soviet Union, and the Russian the gentleman from Nebraska, and I mitment. There is no doubt in my mind Federation currently has no claims on call on all of my colleagues to support that under the current leadership of these independent countries today. H. Con. Res. 319. these three countries, with three For the subsequent 50 years, the As we congratulate Latvia on the strong democratically oriented presi- brave people of Latvia endured the 10th anniversary of its renewed inde- dents and strong democratically con- slaughter of innocent citizens, deporta- pendence, I think it is important to trolled parliaments, this job will be tions to Siberia, and heavy political recognize proudly that the United done and the three Baltic states will oppression. Despite these hardships, States stood on principle at the time of occupy their proper role in the family the Latvian people kept independence the beginning of the Second World War of democratic nations within the alive in their minds and spirits, resist- in refusing to accept the incorporation framework of the European Union and ing occupation in silent and public of Latvia, Lithuania and Estonia into within the framework of NATO. ways, serving as a secret weapon the Soviet Union. It is in that spirit that I want to con- against the tyranny of the Soviet Not many of our fellow citizens know gratulate the people of Latvia and the Union. that the embassies of these three Bal- government of Latvia for the remark- On May 4, 1990, the people of Latvia tic countries continued to function able progress they have made during solidified their full sovereignty, which during the long decades of both the the course of the last decade, and I served to further the disintegration of Second World War and the Cold War strongly urge all of my colleagues to the Soviet Union. In just one decade, here in Washington, D.C., underscoring approve this resolution. Latvia has successfully pursued poli- the principled commitment of the Mr. Speaker, I reserve the balance of cies to build a strong democracy, pro- United States under Republican and my time. tect human rights, expand the rule of Mr. BEREUTER. Mr. Speaker, I yield Democratic administrations to the law, develop a free market system, and myself such time as I may consume to independence of the Baltic States. pursue a course of integration into the commend the gentleman from Cali- b 1615 community of free and democratic na- fornia (Mr. LANTOS), the distinguished tions, including the seeking of mem- Mr. Speaker, Latvia, along with gentleman who gave a very articulate bership in the European Union and the Lithuania and Estonia, has made enor- extemporaneous remark. He has fol- North Atlantic Treaty Organization. mous progress in developing an econ- lowed the history of these Baltic Latvia, together with the Republics omy that was stifled by the nonfunc- states, and he has certainly followed of Estonia and Lithuania, continues to tional Soviet system and building an their evolution since in fact they have make a significant contribution toward increasingly democratic and open and gained their freedom; and I thank him maintaining peace and stability in the free society. I have had the privilege for his outstanding remarks. and the pleasure of visiting Latvia, Mr. Speaker, I yield such time as he surrounding region, notably in peace- Lithuania, and Estonia during the cru- may consume to the gentleman from keeping operations in Bosnia and Kosovo. I applaud their participation cial days of their attempted breaking Illinois (Mr. SHIMKUS), the distin- away from Soviet control; and I have guished gentleman who, by his activ- and signature on the Vilnius statement had the privilege of visiting in the Bal- ism, by his leadership, and by his herit- signed on May 19 of this year, espe- tics repeatedly since, most recently age has been recognized already in his cially their commitment to individual just a few months ago. time here in the House as a leader on liberty, the free market, and the rule It is reassuring, Mr. Speaker, that matters related to the Baltic states. of law. democracy is taking hold; that the ori- (Mr. SHIMKUS asked and was given Latvia is a nation that has made tre- entation of Latvia and her two Baltic permission to revise and extend his re- mendous progress since its independ- neighbors to democratic principles is marks.) ence and has unlimited potential and strong; their desire to become admitted Mr. SHIMKUS. Mr. Speaker, it is optimism for the future. The story of to the Europe Union is great; to be- with great pleasure that I rise today in Latvian independence deserves to be come members of NATO; these are all strong support of House Concurrent widely acknowledged and remembered manifestations of positive develop- Resolution 319, congratulating the Re- as a successful nonviolent model for so- ments. public of Latvia on the 10th anniver- cial and political change. There is one aspect of development in sary of the reestablishment, and I un- In the United States, we have imper- these three countries that I would like derscore reestablishment, of its inde- fect individuals attempting to form a to touch upon, which is as yet unfin- pendence from Russia. more perfect union. In Latvia, the at- ished business. At the time of the early I want to take this opportunity also tempt by imperfect individuals to form days of the Second World War, the Bal- to thank my colleagues, the gentleman a more perfect democracy should be tic states were whipsawed between Hit- from New York (Mr. GILMAN), the gen- commended. That is why I urge my col- ler’s Germany and Stalin’s Soviet tleman from Nebraska (Mr. BEREUTER), leagues to join with me in passing Union. As the German forces occupied but especially the gentleman from House Concurrent Resolution 319 and the Baltic states, understandably per- California (Mr. LANTOS), who is the remembering the good people of Latvia haps, large numbers of citizens in these conscience of the House and who has for all their perseverance and triumph countries greeted the Nazis with joy been a good friend as we negotiated over the monstrosity of communism. because they represented liberation these new areas, which are unchartered Mr. LANTOS. Mr. Speaker, I yield from the Soviet Union. Many joined waters for me. And I would be remiss if myself such time as I may consume to Nazi military units. I did not mention the gentleman from thank my very good friend, the gen- Now, time has gone on, and most of Ohio (Mr. KUCINICH), who is the co- tleman from Nebraska (Mr. BEREUTER), the members of these military units chair of the Baltic Caucus. I appreciate for his most generous comments, as

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.046 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6083 well as my very good friend and col- this success. I thank Representative SHIMKUS without local assistance from elements of league, the gentleman from Illinois for his efforts to bring House Concurrent Res- the Argentine security forces, some of which (Mr. SHIMKUS). olution 319 to the floor and the opportunity to are reported to be sympathetic to anti-Se- Mr. Speaker, I have no further re- mitic positions and to have participated in congratulate Latvia on the last ten years of the desecration of Jewish cemeteries in requests for time, and I yield back the progress. cent years; balance of my time. Mr. GILMAN. Mr. Speaker, I rise in support Whereas additional evidence indicates that Mr. BEREUTER. Mr. Speaker, I yield of House Concurrent Resolution 319, which the tri-border area where Argentina, Para- myself such time as I may consume to congratulates the Republic of Latvia on the guay, and Brazil meet, and which is known thank the gentleman for his remarks 10th anniversary of its independence from the to be rife with terrorist activity as well as earlier, and also the gentleman from Il- rule of the former Soviet regime. drug and arms smuggling, was used to chan- linois (Mr. SHIMKUS), as I said, for his I am certain that all of us in this Congress nel resources for the purpose of carrying out leadership and his outstanding state- appreciate how difficult it has been for coun- the bombing attack; Whereas the 6 years since the bombing ment. tries such as Latvia to move forward with I take particular pleasure in being have been marked by efforts to minimize the badly-needed political and economic reforms involvement of these Argentine security ele- able to manage this legislation. Not over the last decade. ments; only do we have a significant Lithua- But, many of us can also recall the terrific Whereas Argentine officials have acknowl- nian community in both Lincoln and challenges the Latvian people and their neigh- edged that there was negligence in the ini- Omaha, and a small Estonian one in bors in Lithuania and Estonia had to overcome tial phases of the investigation and that the Lincoln; but we have a relatively larg- to regain their independence ten years ago. institutional and political conditions must er community of Latvians in Lincoln. This Resolution congratulates the Latvian be created to advance the investigation of this terrorist attack; They came to Nebraska in the early people for their successÐagainst all oddsÐin part of the 20th century for freedom, to Whereas failure to duly punish the culprits regaining their rightful independence, and of this act serves merely to reward these ter- escape religious persecution, and for commends them for carrying forward since rorists and help spread the scourge of ter- economic benefits. then with the reforms that should lay the foun- rorism throughout the Western Hemisphere; As a part of that immigration, short- dation for their full integration into European Whereas the democratic leaders of the ly following them was a young dis- and Western institutions. Western Hemisphere issued mandates at the sident from Latvia. His name was Mr. Speaker, I support the Resolution and 1994 and 1998 Summits of the Americas that Karlis Ulmanis. After receiving his urge my colleagues to join in its adoption. they condemn terrorism in all its forms and bachelor’s degree from the University Mr. BEREUTER. Mr. Speaker, I have that they will, using all legal means, combat terrorist acts anywhere in the Americas with of Nebraska, he worked for some time no further requests for time, and I in Nebraska and Texas before returning unity and vigor; yield back the balance of my time. Whereas the Government of Argentina sup- to Latvia. There he became the presi- The SPEAKER pro tempore (Mr. MIL- ports the 1996 Declaration of Lima To Pre- dent of Latvia between World War I LER of Florida). The question is on the vent, Combat and Eliminate Terrorism, and World War II. motion offered by the gentleman from which refers to terrorism as a serious form of He was long-tenured, and an out- Nebraska (Mr. BEREUTER) that the organized and systematic violence that is in- standing and benevolent leader of Lat- House suspend the rules and agree to tended to generate chaos and fear among the via during that period of time. When the concurrent resolution, H. Con. Res. population, results in death and destruction, and is a reprehensible criminal activity, as the Soviets came in, they seized him; 319. and that is the last the world knew of well as the 1998 Commitment of Mar del The question was taken. Plata which calls terrorist acts serious com- what happened to Karlis Ulmanis. Mr. BEREUTER. Mr. Speaker, on mon crimes that erode peaceful and civilized Later, it was only justice that his that I demand the yeas and nays. coexistence, affect the rule of law and the grandnephew became the recent presi- The yeas and nays were ordered. exercise of democracy, and endanger the sta- dent of Latvia. For a period of time, The SPEAKER pro tempore. Pursu- bility of democratically elected constitu- his mother and he had to change their ant to clause 8 of rule XX and the tional governments and the socioeconomic name in order to escape persecution Chair’s prior announcement, further development of our countries; from the Soviets. But the second Whereas the Government of Argentina was proceedings on this motion will be successful in enacting a law on cooperation Ulmanis did became a very distin- postponed. guished and able president, and the from defendants in terrorist matters, a law f that will be helpful in pursuing full prosecu- Lincoln community is very pleased and tion in this and other terrorist cases; and proud of both the Ulmanises for their CONDEMNING 1994 ATTACK ON Whereas it is the long-standing policy of outstanding leadership of Latvia. AMIA JEWISH COMMUNITY CEN- the United States to stand firm against ter- Finally, Mr. Speaker, I thank my TER IN BUENOS AIRES, ARGEN- rorist attacks wherever and whenever they Latvian-American constituents for TINA occur and to work with its allies to ensure their outstanding support for the cause Ms. ROS-LEHTINEN. Mr. Speaker, I that justice is done: Now, therefore, be it of freedom over the years for the Baltic Resolved, That the House of move to suspend the rules and agree to Representatives— states. the resolution (H. Res. 531) condemning Mr. KNOLLENBERG. Mr. Speaker, I rise (1) reiterates its condemnation of the at- the 1994 attack on the AMIA Jewish tack on the AMIA Jewish Community Center today to support this resolution and to com- Community Center in Buenos Aires, in Buenos Aires, Argentina, in July 1994, and mend the success the Republic of Latvia has Argentina, urging the Argentine Gov- honors the victims of this heinous act; achieved since the May 4, 1990 reestablish- ernment to punish those responsible, (2) strongly urges the Government of Ar- ment of its full sovereignty and independence and for other purposes, as amended. gentina to fulfill its international obliga- from the former Soviet Union. The Clerk read as follows: tions and its promise to the Argentine people Since the declaration of its independence, by pursuing the local and international con- H. RES. 531 Latvia has established a democratic govern- nections to this act of terrorism, wherever ment, passed legislation on human and minor- Whereas on July 18, 1994, 86 innocent they may lead, and to duly punish all those human beings were killed and 300 were who were involved; ity rights, ensured the rule of law and sus- wounded when the AMIA Jewish Community (3) calls on the President to continue to tained the development of its free market Center was bombed in Buenos Aires, Argen- raise this issue in bilateral discussions with economy. tina; Argentine officials and to underscore the Latvia has also consistently pursued a Whereas the United States welcomes Ar- United States concern regarding the 6-year course of integration into the community of gentine President Fernando de la Rua’s po- delay in the resolution of this case; free and democratic nations by seeking mem- litical will to pursue the investigation of the (4) recommends that the United States bership in the North Atlantic Treaty Organiza- bombing of the AMIA Jewish Community Representative to the Organization of Amer- tion (NATO). I support admitting the Baltic Center to its ultimate conclusion; ican States seek support from the countries Whereas circumstantial evidence at- comprising the Inter-American Committee states into NATO and I hope my colleagues tributes the attack to the terrorist group Against Terrorism to assist, if required by here in the House will support their entry also Hezbollah, based in Lebanon and sponsored the Government of Argentina, in the inves- in the next round of NATO expansion. by Iran; tigation of this terrorist attack; Latvia has made great strides over the last Whereas evidence indicates that this (5) encourages the President to direct ten years and this resolution helps to highlight bombing could not have been carried out United States law enforcement agencies to

VerDate 11-MAY-2000 06:07 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.051 pfrm02 PsN: H17PT1 H6084 CONGRESSIONAL RECORD — HOUSE July 17, 2000 provide support and cooperation to the Gov- national Iranian terrorist network Mr. Speaker, a dark cloud hangs over ernment of Argentina, if requested, for pur- which has orchestrated and carried out the honor of Argentina. This neighbor poses of the investigation into this bombing horrific acts against defenseless human of ours in this hemisphere has toler- and terrorist activities in the tri-border beings. ated now two heinous terrorist acts, a area; and (6) desires a lasting, warm relationship be- b 1630 terrorist act against the Embassy of tween the United States and Argentina built Israel and the terrorist act against the It was clear from the onset that this Jewish Community Center in Argen- on mutual abhorrence of terrorism and com- attack and the earlier one on the mitments to peace, stability, and democracy tina, to go unpunished for years. in the Western Hemisphere. Israeli Embassy were part of a cam- The evidence is clear. Although the paign of violence targeted at the Jew- The SPEAKER pro tempore. Pursu- direct perpetrators are most likely to ish community in Argentina and ant to the rule, the gentlewoman from have been members of the terrorist throughout the world by radical mili- Florida (Ms. ROS-LEHTINEN) and the group Hezbollah, supported by the Gov- tant groups in the Middle East. Cir- gentleman from California (Mr. LAN- ernment of Iran, the complicity and cumstantial evidence would later sup- TOS) each will control 20 minutes. participation of Argentinian police and port this connection, attributing the The Chair recognizes the gentle- security forces is beyond any doubt. bombing to the terrorist group woman from Florida (Ms. ROS- This corrupt, far right-wing partner- Hezbollah based in Lebanon and spon- LEHTINEN). ship with Islamic terrorism in our sored by Iran. GENERAL LEAVE Additional evidence indicates that hemisphere cannot be tolerated. I welcome the statement of the new Ms. ROS-LEHTINEN. Mr. Speaker, I the tri-border area, where Argentina, ask unanimous consent that all Mem- Paraguay and Brazil meet, were used president of Argentina assuring us that bers may have 5 legislative days within to channel resources for the purpose of he will do his utmost at this late stage which to revise and extend their re- carrying out this terrorist attack. to bring the perpetrators to justice and marks on House Resolution 531. Other circumstantial data indicates to attempt to clean and clear the honor The SPEAKER pro tempore. Is there that this bombing could not have been and reputation of Argentina. But we objection to the request of the gentle- carried out without local assistance will not rest until these things happen. woman from Florida? from elements of the Argentine secu- Eighty-six innocent men, women and There was no objection. rity forces. This link was supported by children lost their lives. Over 300 inno- Ms. ROS-LEHTINEN. Mr. Speaker, I the indictment of 15 military and po- cent men, women and children were yield myself such time as I may con- lice officers, with five described as wounded for no reason except their resume. ‘‘necessary parties to the bombing’’ ligious affiliation. There is no room in (Ms. ROS-LEHTINEN asked and was charged with multiple counts of mur- this hemisphere for terrorist acts of given permission to revise and extend der, conspiracy and corruption. any kind, certainly for terrorist acts as her remarks.) The wounds will not begin to heal hate crimes directed against various Ms. ROS-LEHTINEN. Mr. Speaker, until the investigation into the AMIA religious groups. It is long overdue for tomorrow marks the sixth anniversary bombing is pursued with vigor and de- the authorities in Argentina to close of the heinous terrorist act against the termination and until effective action this chapter, which is a chapter that AMIA Jewish Community Center in is taken by all to ensure that justice is has brought infamy to that nation. Buenos Aires, Argentina. Six years served. The scars will serve as a con- Following the bombing of the Israeli ago, on July 18, 1994, a dark cloud of stant reminder of the need for vigi- Embassy, this bombing of a community fear and anguish enveloped this South lance in our hemisphere, of the need for center in the heart of Argentina brings American city when 86 innocent human democratic countries to unite in con- back memories of the darkest days of beings, including frail little girls and demning such horrid acts and work to- the Second World War when innocent boys, were killed, and 300 were wound- gether to protect the right of every cit- men, women and children, for no rea- ed as a result of the bombing. izen in every society to live in peace son whatsoever, were massacred and However, 6 years later, Mr. Speaker, and liberty free from the threat of ter- murdered. sorrow, despair and frustration still rorism. Argentina must come clean. The new permeate the air. Six years later, jus- This resolution is an important first President of Argentina now has an op- tice, peace, and security continue to be step toward achieving that goal. It is a portunity to instruct all authorities to elusive abstract concepts. But as Ar- call to action. It sends an unequivocal pursue this case with diligence and de- gentina’s current president, Fernando message to all that the United States termination. Until the perpetrators are de la Rua, has stated, it is imperative considers the resolution of this case to brought to justice, a question mark to keep the memory alive, because for- be a priority, that it is prepared to will hang over the relationship of Ar- getfulness is a shelter for impunity. take the necessary steps to ensure this gentina to all other civilized nations. This leads to the primary reason why end, working both with regional neigh- I commend my colleague, the gentle- I introduced this resolution, to renew bors as well as with the Argentine gov- woman from Florida (Ms. ROS- and redirect international attention in ernment, providing them with assist- LEHTINEN), and I call on all of my col- order to ensure that justice will be fiance when requested. leagues to approve this resolution. nally served. Further, this resolution Six years have passed. We cannot Mr. Speaker, I reserve the balance of serves to honor and remember the vic- wait any longer. It is time for the rule my time. tims; to outline the evidence sup- of law to be seen and to be heard in Ms. ROS-LEHTINEN. Mr. Speaker, I porting the international and local this important case. We cannot allow yield such time as he may consume to connections to the bombing; to bring justice to be held captive by inaction. the gentleman from Nebraska (Mr. BE- to the forefront reported attempts by For the sake of the victims, for the REUTER). elements of the Argentine security sake of hemispheric and global secu- (Mr. BEREUTER asked and was forces to derail the main investigation rity, and for the sake of justice, I ask given permission to revise and extend by hiding evidence and creating false our colleagues to support this resolu- his remarks.) leads. tion today. Mr. BEREUTER. Mr. Speaker, I rise The need to effectively address the Mr. Speaker, I reserve the balance of in strong support of H. Res. 531, for it alleged Argentine participation for this my time. properly places the U.S. Congress on terrorist act was underscored by the de Mr. LANTOS. Mr. Speaker, I yield record in marking the tragic occasion la Rua administration in April of this myself such time as I may consume. of the sixth anniversary of the July 18, year when it established a task force to Mr. Speaker, first I want to commend 1994, terrorist bombing of the AMIA look into the corrupt police officers my very good friend and distinguished Jewish Community Center in Buenos and their possible role in the financing colleague from Florida (Ms. ROS- Aires. Eighty-seven people lost their of the attack, in providing the vehicle LEHTINEN) for crafting a very impor- lives, and 200 to 300 people were injured used in the bombing. This task force tant, very powerful, and very eloquent in that attack. will also pursue undeveloped leads and resolution. And, of course, I rise in This Member thanks his colleague, information regarding the inter- strong support of this resolution. the gentlewoman from Florida (Ms.

VerDate 11-MAY-2000 06:07 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.020 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6085 ROS-LEHTINEN), from the Committee on tice. He said, ‘‘Crimes that go has been a source of delay and obfuscation International Relations, the distin- unpunished are crimes that get re- rather than a catalyst for action by Agentine guished chairwoman of the Sub- peated.’’ investigators. committee on International Policy and The time to act is now. Six years In addition to this disturbing procrastination Trade, for introducing this resolution. more should not be allowed to pass be- on the part of investigators to dig deep into Last year, the Argentine Congress fore the guilty are brought to justice. the roots of official involvement, the search for passed important legislation that al- I would like to especially commend justice in Argentina has also skipped lightly lows Investigating Judge Juan Jose the organization B’nai B’rith for its ef- over the possible involvement of Hizbollah, Galeano to engage in plea bargaining. forts on behalf of the Argentine Jewish Iran and Syria. Notwithstanding the myriad Nonetheless, the trial of the Argen- community and on behalf of justice in statements pledging an absolute commitment tinian citizens charged with complicity this case. May that day of justice come to the search for truth and justice, the reality in this terrorist bombing has, regret- quickly. of the Argentine investigation has been a half- tably, been much delayed. Therefore, I ask my colleagues to hearted, poorly funded, undermanned, During a recent visit to the United support House Resolution 531. uninspired, slow-motion search for answers. States, Argentina’s president, Fer- Mr. GILMAN. Mr. Speaker, this resolution Mr. Speaker, six years ago in Buenos Aires, nando de la Rua, made a point of vis- properly places the U.S. Congress on record 86 people were killed and hundreds more iting the Holocaust museum and in marking the tragic occasion of the sixth an- were injured by a car bomb created and deliv- issuing a public apology for the role niversary of the July 18, 1994 terrorist bomb- ered by an unknown group of conspirators, Argentina played in harboring Nazis ing of the AMIA Jewish Community Center in who targeted their victims because of their during World War II. Buenos Aires, Argentina. Eight-seven people Jewish faith. Cowardly and offensive, the President De la Rua said, ‘‘Today, be- lost their lives and two hundred people were bombing of the AMIA Jewish Community Cen- fore you and before the world, I want injured in this attack. ter came little more than two years after the to express my most sincere pain and to I thank my colleague from our International bombing of the Israeli embassy in the same ask forgiveness that this happened, Relations Committee, the distinguished chair- city. By all accounts, Argentina's response to that Nazis were hidden among us.’’ woman of the Subcommittee on International these two horrific crimes has been lackadai- Solving this terrible crime and bring- Economic Policy and Trade, Ms. ROS- sical and disappointing. The victims of these ing those responsible to justice is the LEHTINEN of Florida, for introducing this resolu- crimes, old and young, male and female, de- proper way to bring healing to the still tion. serve better than to have their quest for justice open wounds in Argentina. I have long been interested in seeing that fade in a bureaucratic haze. Mr. Speaker, this Member urges his this heinous crime is resolved and those re- I want to commend my colleagues Con- colleagues to join in unanimously sup- sponsible are brought to justice. gresswoman ROS-LEHTINEN and Congressman porting this resolution. Again, I com- Last year, the Argentine Congress passed LANTOS for their excellent leadership on this mend my colleague the gentleman important legislationÂ that allows Investigating important resolution, which I strongly urge this from California (Mr. LANTOS) for his Judge Juan Jose Galeano to engage in plea House to adopt. Putting the House on record outstanding statement and especially bargaining. Nonetheless, the trial of the Argen- on this matter is a vital step toward ensuring the distinguished gentlewoman from tine citizens charged with complicity in this ter- a genuine and effective investigation, and ulti- Florida (Ms. ROS-LEHTINEN) for her rorist bombing has, regrettably, been unduly mately, a fair trial which provides just punish- eloquant statement and for her intro- delayed. Six years is too long a time to let ment for the guilty parties. duction and able movement of this leg- pass without justice. Ms. ROS-LEHTINEN. Mr. Speaker, I islation to the House floor. When the local trial does finally get under- yield back the balance of my time. Mr. LANTOS. Mr. Speaker, I yield way, I urge Argentina's authorities to invite The SPEAKER pro tempore (Mr. MIL- myself such time as I may consume. and permit international observers to witness LER of Florida). The question is on the Mr. Speaker, I want to thank my the trial proceedings. motion offered by the gentlewoman good friend the gentleman from Ne- During a recent visit to the United States, from Florida (Ms. ROS-LEHTINEN) that braska (Mr. BEREUTER) for his powerful Argentina's president, Fernando de la Rua, the House suspend the rules and agree and eloquent statement. I want to made a point of visiting the Holocaust mu- to the resolution, H. Res. 531, as thank the gentlewoman from Florida seum and issuing a public apology for the role amended. (Ms. ROS-LEHTINEN) for her diligent Argentina played in harboring Nazis after The question was taken. and outstanding work on this issue. World War II. Ms. ROS-LEHTINEN. Mr. Speaker, I urge all of my colleagues to support President De La Rua said, ``Today, before on that I demand the yeas and nays. this resolution. you and before the world, I want to express The yeas and nays were ordered. Mr. Speaker, I have no further re- my most sincere pain and to ask forgiveness The SPEAKER pro tempore. Pursu- quests for time, and I yield back the that this happened, that Nazis were hidden ant to clause 8 of rule XX and the balance of my time. among us.'' Chair’s prior announcement, further Ms. ROS-LEHTINEN. Mr. Speaker, I I believe in President De La Rua's sincerity proceedings on this motion will be yield myself such time as I may con- and thank him for his important statement. postponed. sume. Solving this terrible crime and bringing those Mr. Speaker, I want to thank my col- responsible to justice is the proper way to f league the gentleman from California bring healing to the still open wounds in Ar- (Mr. LANTOS) for his eloquent words, gentina. for his skilled leadership, and for his I urge my colleagues to join me in adopting RECESS deep knowledge of history that has this important resolution. The SPEAKER pro tempore. Pursu- helped us to pass this resolution today. Mr. ACKERMAN. Mr. Speaker, I rise in sup- ant to clause 12 of rule I, the Chair de- I also thank our colleague the gen- port of H. Res. 531 and would like to add my clares the House in recess until ap- tleman from Nebraska (Mr. BEREUTER) voice to those marking the sixth anniversary of proximately 7 p.m. for his constant support of all items the cowardly bombing of the AMIA Jewish Accordingly (at 4 o’clock and 41 min- worthy of support, and certainly our Community Center in Buenos Aries, Argentina. utes p.m.), the House stood in recess fight against terrorism is on that list. This searing event horrified the world and has, until approximately 7 p.m. I thank the gentleman for that. unfortunately, become a barometer for the po- I also thank the gentleman from litical culture of Argentina. f California (Chairman GILMAN) for his While we commend the statements of inter- assistance in allowing this resolution est and commitment made by President Fer- b 1900 to be brought up to the floor so rap- nando de la Rua, I, along with many in this idly. House, remain wary, in light of the six years Mr. Speaker, in conclusion, I would of stumbling, ineffectual investigation and the AFTER RECESS like to quote from Ambassador Aviran reality of justice denied. The truth in this mat- The recess having expired, the House of Israel, whom I believe encapsulated ter points unmistakably to elements within the was called to order by the Speaker pro the need for this resolution and for jus- Argentine state and unfortunately, this reality tempore (Mr. SHIMKUS) at 7 p.m.

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.067 pfrm02 PsN: H17PT1 H6086 CONGRESSIONAL RECORD — HOUSE July 17, 2000 MAKING IN ORDER AT ANY TIME pending the rules and agreeing to reso- Meehan Price (NC) Souder Meek (FL) Pryce (OH) Spence ON JULY 18, 2000, OR ANY DAY lution, H. Res. 534. Meeks (NY) Quinn Stabenow THEREAFTER, CONSIDERATION The Clerk read the title of the resolu- Menendez Radanovich Stearns OF H.J. RES. 103, AUTHORIZING tion. Metcalf Rahall Stenholm EXTENSION OF NONDISCRIM- The SPEAKER pro tempore. The Mica Ramstad Strickland Millender- Rangel Stump INATORY TREATMENT (NORMAL question is on the motion offered by McDonald Regula Stupak TRADE RELATIONS TREATMENT) the gentleman from South Carolina Miller (FL) Reyes Sununu TO PEOPLE’S REPUBLIC OF (Mr. SPENCE) that the House suspend Miller, Gary Reynolds Sweeney Miller, George Riley Talent CHINA the rules and agree to the resolution, Minge Rivers Tancredo Mr. DREIER. Mr. Speaker, I ask H. Res. 534, on which the yeas and nays Mink Rodriguez Tanner unanimous consent that it be in order are ordered. Moakley Roemer Tauscher The vote was taken by electronic de- Mollohan Rogan Tauzin at any time on July 18 of 2000, or any Moore Rogers Taylor (MS) day thereafter, to consider in the vice, and there were—yeas 391, nays 5, Moran (KS) Rohrabacher Taylor (NC) House the joint resolution (H.J. Res. answered ‘‘present’’ 2, not voting 36, as Moran (VA) Ros-Lehtinen Terry 103) disapproving the extension of the follows: Morella Rothman Thomas Myrick Roukema Thompson (CA) waiver authority contained in section [Roll No. 401] Nadler Roybal-Allard Thornberry 402(c) of the Trade Act of 1974 with re- YEAS—391 Napolitano Royce Thune spect to the People’s Republic of China; Neal Ryan (WI) Thurman Aderholt Cunningham Hoeffel Nethercutt Ryun (KS) Tiahrt that the joint resolution be considered Allen Davis (FL) Hoekstra Ney Sabo Tierney as read for amendment; that all points Andrews Davis (IL) Holden Northup Salmon Toomey of order against the joint resolution Archer Davis (VA) Holt Norwood Sanchez Towns Armey Deal Hooley and against its consideration be Nussle Sanders Traficant Baca DeFazio Horn Oberstar Sandlin Turner waived; that the joint resolution be de- Bachus DeGette Hostettler Obey Sanford Udall (CO) batable for 2 hours equally divided and Baird Delahunt Houghton Olver Sawyer Udall (NM) controlled by the Chairman of the Baker DeLauro Hoyer Ortiz Saxton Upton Baldacci DeLay Hulshof Committee on Ways and Means, in op- Ose Scarborough Velazquez Baldwin DeMint Hunter Owens Schaffer Vitter position of the joint resolution, and a Ballenger Deutsch Hyde Oxley Schakowsky Walden Member in support of the joint resolu- Barcia Diaz-Balart Inslee Packard Scott Walsh tion; that pursuant to section 152 and Barr Dingell Isakson Pallone Sensenbrenner Wamp Barrett (NE) Doggett Istook Pascrell Shadegg Waters 153 of the Trade Act of 1974, the pre- Barrett (WI) Dooley Jackson (IL) Pastor Shaw Watkins vious question be considered as ordered Bartlett Doolittle Jackson-Lee Paul Shays Watt (NC) on the joint resolution to final passage Bass Doyle (TX) Payne Sherman Watts (OK) Bateman Dreier Jefferson without intervening motion; and that Pease Sherwood Weiner Becerra Duncan Jenkins Pelosi Shimkus Weldon (FL) the provision of section 152 and 153 of Bentsen Dunn John Peterson (MN) Shows Weldon (PA) the Trade Act of 1974 shall not other- Bereuter Edwards Johnson (CT) Peterson (PA) Shuster Weller wise apply to any joint resolution dis- Berkley Ehlers Johnson, E.B. Petri Simpson Wexler Berman Emerson Johnson, Sam approving the extension of the waiver Phelps Sisisky Weygand Berry Engel Jones (NC) Pickering Skeen Whitfield authority contained in section 402(c) of Biggert English Jones (OH) Pickett Skelton Wicker the Trade Act of 1974 with respect to Bilbray Eshoo Kanjorski Pitts Slaughter Wolf the People’s Republic of China for the Bilirakis Etheridge Kaptur Pombo Smith (MI) Woolsey Bishop Evans Kasich Pomeroy Smith (NJ) Wu remainder of the second session of the Bliley Everett Kelly Porter Smith (TX) Wynn 106th Congress. Blumenauer Ewing Kennedy Portman Snyder Young (AK) Mr. Speaker, let me say that it is the Blunt Farr Kildee Boehlert Fattah Kind (WI) NAYS—5 intention of this unanimous consent Boehner Filner King (NY) request that the 2 hours of debate be Bonilla Fletcher Kingston Frank (MA) Murtha Visclosky yielded fairly between Members of the Bonior Foley Kleczka McDermott Stark Bono Forbes Knollenberg majority and the minority parties on ANSWERED ‘‘PRESENT’’—2 both sides of this issue. Borski Fossella Kolbe Boswell Fowler Kucinich Dixon Wilson The SPEAKER pro tempore. Is there Boucher Franks (NJ) Kuykendall objection to the request of the gen- Boyd Frelinghuysen LaFalce NOT VOTING—36 tleman from California? Brady (PA) Frost LaHood Brady (TX) Gallegly Lampson Abercrombie Dicks McIntosh There was no objection. Brown (FL) Ganske Lantos Ackerman Ehrlich McNulty f Brown (OH) Gejdenson Largent Barton Ford Rush Bryant Gekas Larson Blagojevich Gillmor Serrano ANNOUNCEMENT BY THE SPEAKER Burr Gephardt Latham Calvert Granger Sessions PRO TEMPORE Burton Gibbons LaTourette Campbell Gutierrez Smith (WA) Buyer Gilchrest Lazio Carson Hutchinson Spratt The SPEAKER pro tempore. Pursu- Callahan Gilman Leach Clayton Kilpatrick Thompson (MS) ant to clause 8 of rule XX, the Chair Camp Gonzalez Lee Coburn Klink Vento will now put the question on each mo- Canady Goode Levin Cook Markey Waxman Cannon Goodlatte Lewis (CA) Danner Martinez Wise tion to suspend the rules on which fur- Capps Goodling Lewis (GA) Dickey McCollum Young (FL) ther proceedings were postponed ear- Capuano Gordon Lewis (KY) lier today. Cardin Goss Linder b 1926 Votes will be taken in the following Castle Graham Lipinski Chabot Green (TX) LoBiondo order: Chambliss Green (WI) Lofgren Mr. STARK changed his vote from H. Res. 534, by the yeas and nays; Chenoweth-Hage Greenwood Lowey ‘‘yea’’ to ‘‘nay.’’ H. Con. Res. 319, by the yeas and Clay Gutknecht Lucas (KY) Messrs. GORDON, OWENS and RA- nays; Clement Hall (OH) Lucas (OK) H. Res. 531, by the yeas and nays; Clyburn Hall (TX) Luther HALL changed their vote from ‘‘nay’’ Coble Hansen Maloney (CT) to ‘‘yea.’’ H.R. 3125, de novo. Collins Hastings (FL) Maloney (NY) The Chair will reduce to 5 minutes Combest Hastings (WA) Manzullo Mr. DIXON changed his vote from the time for any electronic vote after Condit Hayes Mascara ‘‘nay’’ to ‘‘present.’’ the first such vote in this series. Conyers Hayworth Matsui Cooksey Hefley McCarthy (MO) So (two-thirds having voted in favor f Costello Herger McCarthy (NY) thereof) the rules were suspended and Cox Hill (IN) McCrery the resolution was agreed to. SENSE OF HOUSE REGARDING NA- Coyne Hill (MT) McGovern TIONAL SECURITY POLICY AND Cramer Hilleary McHugh The result of the vote was announced PROCEDURES Crane Hilliard McInnis as above recorded. Crowley Hinchey McIntyre The SPEAKER pro tempore. The Cubin Hinojosa McKeon A motion to reconsider was laid on pending business is the question of sus- Cummings Hobson McKinney the table.

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.070 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6087 ANNOUNCEMENT BY THE SPEAKER Hill (MT) Meehan Sawyer b 1934 Hilleary Meek (FL) Saxton PRO TEMPORE Hilliard Meeks (NY) Scarborough So (two-thirds having voted in favor The SPEAKER pro tempore (Mr. Hinchey Menendez Schaffer thereof) the rules were suspended and Hinojosa Metcalf Schakowsky SHIMKUS). Pursuant to clause 8 of rule the concurrent resolution was agreed Hobson Mica Scott XX, the Chair announces that he will Hoeffel Millender- Sensenbrenner to. reduce to a minimum of 5 minutes the Hoekstra McDonald Shadegg The result of the vote was announced period of time within which a vote by Holden Miller (FL) Shaw as above recorded. Holt Miller, Gary Shays electronic device may be taken on each Hooley Miller, George Sherman A motion to reconsider was laid on additional motion to suspend the rules Horn Minge Sherwood the table. on which the Chair has postponed fur- Hostettler Mink Shimkus Stated for: ther proceedings. Houghton Moakley Shows Mr. EHLERS. Mr. Speaker, on rollcall No. Hoyer Mollohan Shuster 402, had I been present, I would have voted f Hulshof Moore Simpson Hunter Moran (KS) Sisisky ``yea.'' Skeen Hyde Moran (VA) f CONGRATULATING THE REPUBLIC Inslee Morella Skelton OF LATVIA ON 10TH ANNIVER- Isakson Murtha Slaughter Istook Myrick Smith (MI) CONDEMNING 1994 ATTACK ON THE SARY OF REESTABLISHMENT OF Smith (NJ) INDEPENDENCE FROM THE Jackson (IL) Nadler AMIA JEWISH COMMUNITY CEN- Jackson-Lee Napolitano Smith (TX) TER IN BUENOS AIRES, ARGEN- FORMER SOVIET UNION (TX) Neal Snyder Souder TINA The SPEAKER pro tempore. The Jefferson Nethercutt Jenkins Ney Spence The SPEAKER pro tempore (Mr. pending business is the question of sus- John Northup Stabenow SHIMKUS). The pending business is the pending the rules and agreeing to the Johnson (CT) Norwood Stark Stearns concurrent resolution, H. Con. Res. 319. Johnson, E. B. Nussle question of suspending the rules and Johnson, Sam Oberstar Stenholm agreeing to the resolution, House Reso- The Clerk read the title of the con- Jones (NC) Obey Strickland Stump lution 531, as amended. current resolution. Jones (OH) Olver Stupak Kanjorski Ortiz The Clerk read the title of the resolu- The SPEAKER pro tempore. The Sununu Kaptur Ose tion. question is on the motion offered by Sweeney Kasich Owens Talent The SPEAKER pro tempore. The the gentleman from Nebraska (Mr. Kelly Oxley Tancredo question is on the motion offered by BEREUTER) that the House suspend the Kennedy Packard Tanner Kildee Pallone the gentlewoman from Florida (Ms. rules and agree to the concurrent reso- Tauscher Kind (WI) Pascrell ROS-LEHTINEN) that the House suspend lution, H. Con. Res. 319, on which the Tauzin King (NY) Pastor Taylor (MS) the rules and agree to the resolution, yeas and nays are ordered. Kingston Paul Taylor (NC) H. Res. 531, as amended, on which the This will be a 5-minute vote. Kleczka Payne Terry yeas and nays are ordered. The vote was taken by electronic de- Knollenberg Pease Thomas Kolbe Pelosi This will be a 5-minute vote. vice, and there were—yeas 398, nays 0, Thompson (CA) Kucinich Peterson (MN) not voting 36, as follows: Thompson (MS) The vote was taken by electronic de- Kuykendall Peterson (PA) Thornberry vice, and there were—yeas 402, nays 1, [Roll No. 402] LaFalce Petri Thune LaHood Phelps not voting 31, as follows: YEAS—398 Thurman Lampson Pickering Tiahrt [Roll No. 403] Aderholt Camp Dunn Lantos Pickett Tierney YEAS—402 Allen Canady Edwards Largent Pitts Toomey Andrews Cannon Emerson Larson Pombo Towns Aderholt Buyer Dooley Archer Capps Engel Latham Pomeroy Traficant Allen Callahan Doolittle Armey Capuano English LaTourette Portman Turner Andrews Camp Doyle Baca Cardin Eshoo Lazio Price (NC) Udall (CO) Archer Canady Dreier Bachus Castle Etheridge Leach Pryce (OH) Udall (NM) Armey Cannon Duncan Baird Chabot Evans Lee Quinn Upton Baca Capps Dunn Baker Chambliss Everett Levin Radanovich Velazquez Bachus Capuano Edwards Baldacci Chenoweth-Hage Ewing Lewis (CA) Rahall Visclosky Baird Cardin Ehlers Baldwin Clay Farr Lewis (GA) Ramstad Vitter Baker Castle Emerson Ballenger Clayton Fattah Lewis (KY) Rangel Walden Baldacci Chabot Engel Barcia Clement Filner Linder Regula Walsh Baldwin Chambliss English Barr Clyburn Fletcher Lipinski Reyes Wamp Ballenger Chenoweth-Hage Eshoo Barrett (NE) Coble Foley LoBiondo Reynolds Waters Barcia Clay Etheridge Barrett (WI) Collins Forbes Lofgren Riley Watkins Barr Clayton Evans Bartlett Combest Fossella Lowey Rivers Watt (NC) Barrett (NE) Clement Everett Bass Condit Fowler Lucas (KY) Rodriguez Watts (OK) Barrett (WI) Clyburn Ewing Bateman Conyers Frank (MA) Lucas (OK) Roemer Weiner Bartlett Coble Farr Becerra Cooksey Franks (NJ) Luther Rogan Weldon (FL) Bass Collins Fattah Bentsen Costello Frelinghuysen Maloney (CT) Rogers Weldon (PA) Bateman Combest Filner Bereuter Cox Frost Maloney (NY) Rohrabacher Weller Becerra Condit Fletcher Berkley Coyne Gallegly Manzullo Ros-Lehtinen Wexler Bentsen Conyers Foley Berman Cramer Ganske Mascara Rothman Weygand Bereuter Cooksey Forbes Berry Crane Gejdenson Matsui Roukema Whitfield Berkley Costello Fossella Biggert Crowley Gekas McCarthy (MO) Roybal-Allard Wicker Berman Cox Fowler Bilbray Cubin Gephardt McCarthy (NY) Royce Wilson Berry Coyne Frank (MA) Bilirakis Cummings Gibbons McCrery Ryan (WI) Wolf Biggert Cramer Franks (NJ) Bishop Cunningham Gilchrest McDermott Ryun (KS) Woolsey Bilbray Crane Frelinghuysen Bliley Davis (FL) Gilman McGovern Sabo Wu Bilirakis Crowley Frost Blumenauer Davis (IL) Gonzalez McHugh Salmon Wynn Bishop Cubin Gallegly Blunt Davis (VA) Goode McInnis Sanchez Young (AK) Bliley Cummings Ganske Boehlert Deal Goodlatte McIntyre Sanders Blumenauer Cunningham Gejdenson Boehner DeFazio Gordon McKeon Sandlin Blunt Danner Gekas Bonilla DeGette Goss McKinney Sanford Boehlert Davis (FL) Gephardt Bonior Delahunt Graham Boehner Davis (IL) Gibbons Bono DeLauro Green (TX) NOT VOTING—36 Bonilla Davis (VA) Gilchrest Borski DeLay Green (WI) Bonior Deal Gillmor Boswell DeMint Greenwood Abercrombie Ehrlich McIntosh Bono DeFazio Gilman Boucher Deutsch Gutknecht Ackerman Ford McNulty Borski DeGette Gonzalez Boyd Diaz-Balart Hall (OH) Barton Gillmor Porter Boswell Delahunt Goode Brady (PA) Dickey Hall (TX) Blagojevich Goodling Rush Boucher DeLauro Goodlatte Brady (TX) Dingell Hansen Calvert Granger Serrano Boyd DeLay Goodling Brown (FL) Dixon Hastings (FL) Campbell Gutierrez Sessions Brady (PA) DeMint Gordon Brown (OH) Doggett Hastings (WA) Carson Hutchinson Smith (WA) Brady (TX) Deutsch Goss Bryant Dooley Hayes Coburn Kilpatrick Spratt Brown (FL) Diaz-Balart Graham Burr Doolittle Hayworth Cook Klink Vento Brown (OH) Dickey Green (TX) Burton Doyle Hefley Danner Markey Waxman Bryant Dingell Green (WI) Buyer Dreier Herger Dicks Martinez Wise Burr Dixon Greenwood Callahan Duncan Hill (IN) Ehlers McCollum Young (FL) Burton Doggett Gutknecht

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.072 pfrm02 PsN: H17PT1 H6088 CONGRESSIONAL RECORD — HOUSE July 17, 2000 Hall (OH) McDermott Sanchez McNulty Smith (WA) Wise Nadler Rogers Sweeney Hall (TX) McGovern Sanders Rush Spratt Young (FL) Nethercutt Ros-Lehtinen Talent Hansen McHugh Sandlin Serrano Vento Northup Rothman Tancredo Hastings (FL) McInnis Sanford Sessions Waxman Norwood Roukema Tanner Hastings (WA) McIntyre Sawyer Nussle Ryan (WI) Tauzin Hayes McKeon Saxton b 1941 Ortiz Ryun (KS) Taylor (MS) Hayworth McKinney Scarborough Ose Sabo Taylor (NC) Hefley Meehan Schaffer So (two-thirds having voted in favor Oxley Salmon Terry Herger Meek (FL) Schakowsky thereof) the rules were suspended and Packard Sandlin Thomas Hill (IN) Meeks (NY) Scott the resolution, as amended, was agreed Pallone Saxton Thornberry Hill (MT) Menendez Sensenbrenner Pascrell Sensenbrenner Thune Hilleary Metcalf Shadegg to. Pease Shadegg Thurman Hilliard Mica Shaw The result of the vote was announced Peterson (MN) Shaw Tiahrt Hinchey Millender- Shays as above recorded. Peterson (PA) Shays Traficant Hinojosa McDonald Sherman A motion to reconsider was laid on Phelps Sherwood Turner Hobson Miller (FL) Sherwood Pickering Shimkus Visclosky Hoeffel Miller, Gary Shimkus the table. Pickett Shows Vitter Hoekstra Miller, George Shows f Pitts Shuster Walden Holden Minge Shuster Pomeroy Sisisky Walsh Holt Mink Simpson Porter Skelton Wamp Hooley Moakley Sisisky INTERNET GAMBLING Price (NC) Smith (NJ) Waters Horn Mollohan Skeen PROHIBITION ACT OF 2000 Pryce (OH) Smith (TX) Watkins Hostettler Moore Skelton Quinn Souder Watts (OK) Houghton Moran (KS) Slaughter The SPEAKER pro tempore. The Radanovich Spence Weldon (FL) Hoyer Moran (VA) Smith (MI) pending business is the question of sus- Rahall Spratt Weller Hulshof Morella Smith (NJ) pending the rules and passing the bill, Ramstad Stabenow Wexler Hunter Murtha Smith (TX) H.R. 3125, as amended. Regula Stearns Whitfield Hyde Myrick Snyder Reynolds Stenholm Wicker Inslee Nadler Souder The Clerk read the title of the bill. Riley Strickland Wilson Isakson Napolitano Spence The SPEAKER pro tempore. The Roemer Stump Wolf Istook Neal Stabenow question is on the motion offered by Rogan Sununu Young (AK) Jackson (IL) Nethercutt Stark Jackson-Lee Ney Stearns the gentleman from Virginia (Mr. NAYS—159 GOODLATTE) that the House suspend (TX) Northup Stenholm Andrews Frank (MA) Ney Jefferson Norwood Strickland the rules and pass the bill, H.R. 3125, as Archer Gejdenson Oberstar Jenkins Nussle Stump amended. Baca Gephardt Obey John Oberstar Stupak The question was taken. Baird Gonzalez Olver Johnson (CT) Obey Sununu Baldwin Green (TX) Owens Johnson, E. B. Olver Sweeney Mr. CONYERS. Mr. Speaker, on that Barr Greenwood Pastor Johnson, Sam Ortiz Talent I demand the yeas and nays. Barrett (WI) Hayworth Paul Jones (NC) Ose Tancredo Becerra Hilliard Payne Jones (OH) Owens Tanner The yeas and nays were ordered. The vote was taken by electronic de- Bentsen Hinchey Pelosi Kanjorski Oxley Tauscher Berman Hoeffel Petri Kaptur Packard Tauzin vice, and there were—yeas 245, nays Biggert Holden Pombo Kasich Pallone Taylor (MS) 159, not voting 30, as follows: Bilbray Houghton Portman Kelly Pascrell Taylor (NC) [Roll No. 404] Blumenauer Hoyer Rangel Kennedy Pastor Terry Blunt Inslee Reyes Kildee Payne Thomas YEAS—245 Bonior Jackson (IL) Rivers Kind (WI) Pease Thompson (CA) Aderholt Dixon Hulshof Bono Jefferson Rodriguez King (NY) Pelosi Thompson (MS) Borski Jenkins Rohrabacher Kingston Peterson (MN) Thornberry Allen Dooley Hunter Armey Duncan Hyde Boyd Johnson, E. B. Roybal-Allard Kleczka Peterson (PA) Thune Brady (PA) Johnson, Sam Royce Knollenberg Petri Thurman Bachus Dunn Isakson Baker Edwards Istook Brown (OH) Jones (OH) Sanchez Kolbe Phelps Tiahrt Camp Kanjorski Sanders Kucinich Pickering Tierney Baldacci Ehlers Jackson-Lee Ballenger Emerson (TX) Cannon Kaptur Sanford Kuykendall Pickett Toomey Capps Kasich Sawyer LaFalce Pitts Towns Barcia Etheridge John Barrett (NE) Everett Johnson (CT) Capuano Kennedy Scarborough LaHood Pombo Traficant Cardin Kildee Schaffer Lampson Pomeroy Turner Bartlett Ewing Jones (NC) Bass Farr Kelly Chabot Kind (WI) Schakowsky Lantos Porter Udall (CO) Chenoweth-Hage Kingston Scott Largent Portman Udall (NM) Bateman Fletcher King (NY) Bereuter Foley LaFalce Clay Kleczka Sherman Larson Price (NC) Upton´ Clayton Knollenberg Simpson Latham Pryce (OH) Velazquez Berkley Forbes LaHood Berry Fowler Lampson Clement Kolbe Skeen LaTourette Quinn Visclosky Clyburn Kucinich Slaughter Lazio Radanovich Vitter Bilirakis Franks (NJ) Largent Bishop Frelinghuysen Latham Conyers Kuykendall Smith (MI) Leach Rahall Walden Cox Lantos Snyder Lee Ramstad Walsh Bliley Frost LaTourette Boehlert Gallegly Lazio Coyne Larson Stark Levin Rangel Wamp Crane Lee Stupak Lewis (CA) Regula Waters Boehner Ganske Leach Bonilla Gekas Lewis (CA) Crowley Levin Tauscher Lewis (GA) Reyes Watkins Cummings Lewis (GA) Thompson (CA) Lewis (KY) Reynolds Watt (NC) Boswell Gibbons Lewis (KY) Boucher Gilchrest Linder Davis (IL) Lofgren Thompson (MS) Linder Riley Watts (OK) Davis (VA) Lowey Tierney Lipinski Rivers Weiner Brady (TX) Gillmor Lipinski Brown (FL) Gilman LoBiondo DeGette Mascara Toomey LoBiondo Rodriguez Weldon (FL) Delahunt Matsui Towns Lofgren Roemer Weldon (PA) Bryant Goode Lucas (KY) Burr Goodlatte Lucas (OK) DeLay McDermott Udall (CO) Lowey Rogan Weller Dingell McGovern Udall (NM) Lucas (KY) Rogers Wexler Burton Goodling Luther Buyer Gordon Maloney (CT) Doggett McKinney Upton Lucas (OK) Rohrabacher Weygand Doolittle Meehan Velazquez Luther Ros-Lehtinen Whitfield Callahan Goss Maloney (NY) Canady Graham Manzullo Doyle Meeks (NY) Watt (NC) Maloney (CT) Rothman Wicker Dreier Millender- Weiner Maloney (NY) Roukema Wilson Castle Green (WI) McCarthy (MO) Chambliss Gutknecht McCarthy (NY) Engel McDonald Weldon (PA) Manzullo Roybal-Allard Wolf English Mink Weygand Mascara Royce Woolsey Coble Hall (OH) McCrery Collins Hall (TX) McHugh Eshoo Moakley Woolsey Matsui Ryan (WI) Wu Evans Moore Wu McCarthy (MO) Ryun (KS) Wynn Combest Hansen McInnis Condit Hastings (FL) McIntyre Fattah Murtha Wynn McCarthy (NY) Sabo Young (AK) Filner Napolitano McCrery Salmon Cooksey Hastings (WA) McKeon Costello Hayes Meek (FL) Fossella Neal NAYS—1 Cramer Hefley Menendez Cubin Herger Metcalf NOT VOTING—30 Paul Cunningham Hill (IN) Mica Abercrombie Ehrlich McIntosh Danner Hill (MT) Miller (FL) Ackerman Ford McNulty NOT VOTING—31 Davis (FL) Hilleary Miller, Gary Barton Granger Rush Abercrombie Coburn Hutchinson Deal Hinojosa Miller, George Blagojevich Gutierrez Serrano Ackerman Cook Kilpatrick DeFazio Hobson Minge Calvert Hutchinson Sessions Barton Dicks Klink DeLauro Hoekstra Mollohan Campbell Kilpatrick Smith (WA) Blagojevich Ehrlich Markey DeMint Holt Moran (KS) Carson Klink Vento Calvert Ford Martinez Deutsch Hooley Moran (VA) Coburn Markey Waxman Campbell Granger McCollum Diaz-Balart Horn Morella Cook Martinez Wise Carson Gutierrez McIntosh Dickey Hostettler Myrick Dicks McCollum Young (FL)

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.029 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6089 b 1951 There is no reason why northern bor- understaffing problem at the northern Mr. KINGSTON changed his vote der staffing should not be greatly in- border is a dereliction of duty. It is from ‘‘aye’’ to ‘‘no.’’ creased. Since 1996, I have sent numer- risky. It is wrong. It is irresponsible. If So (two-thirds not having voted in ous communications to President Clin- Commissioner Meissner cannot do an favor thereof), the motion was rejected. ton, Attorney General Reno, and INS adequate job on our northern border, The result of the vote was announced Commissioner Doris Meissner demand- then we must get someone in the posi- as above recorded. ing a permanent end to the transfers of tion who can. Northwestern Border Patrol Agents f f and urging higher staffing levels on the UNITED NATIONS SECURITY PERSONAL EXPLANATION northern border. COUNCIL ADDRESSES HIV/AIDS Instead, Commissioner Meissner has Ms. KILPATRICK. Mr. Speaker, due to offi- recently ordered another reassignment The SPEAKER pro tempore (Mr. cial business in my district, I was unable to of agents from the northern to the SHIMKUS). Under a previous order of the record my vote on the following bills: H. Res. southern border. In addition, she has House, the gentlewoman from Texas 534 (rollcall No. 401); H. Con. Res. 319 (roll- ordered every Border Patrol plane (Ms. JACKSON-LEE) is recognized for 5 call No. 402); H. Res. 531 (rollcall No. 403); moved from the State of Washington. minutes. and H.R. 3125 (rollcall No. 404). Had I been In a month’s time, every plane along Ms. JACKSON-LEE of Texas. Mr. present I would have voted `àye'' on rollcall the entire northern border will be Speaker, today I had the honor of join- No. 401; `àye'' on rollcall No. 402; `àye'' on moved south. ing the Ambassador of the United rollcall No. 403; and ``no'' on rollcall No. 404. A few days ago, in protest to these States to the United Nations, along f moves, the entire delegation from the with the gentlewoman from California PERMISSION TO FILE CON- State of Washington wrote to Immigra- (Ms. LEE) and the gentlewoman from FERENCE REPORT ON H.R. 4576, tion and Naturalization Service Com- New York (Mrs. MALONEY), in New DEPARTMENT OF DEFENSE AP- missioner Doris Meissner protesting York. PROPRIATIONS ACT, 2001 her recent decision to transfer Wash- We were invited to witness a historic ington State Border Patrol Agents and debate at the U.N. Security Council on Mr. LEWIS of California. Mr. Speak- equipment to the Mexican border. an issue of peacekeeping and security er, I ask unanimous consent that the Ms. Meissner’s latest raid on the addressing the question of HIV/AIDS. managers on the part of the House may northern border is unconscionable, es- For the first time, the world voice, the have until midnight tonight, July 17, pecially because a July 8 story in the United Nations, took a unanimous 2000, to file a conference report on the Seattle Times reports that ‘‘When stand to fight HIV/AIDS in the peace- bill (H.R. 4576) making appropriations Meissner made this decision, she pos- keeping forces around the world. for the Department of Defense for the sessed a confidential February report Although we applaud their bravery, fiscal year ending September 30, 2001, by the Department of Justice’s Office we realize that the military personnel and for other purposes. of the Inspector General which deter- that travel from one developing nation The SPEAKER pro tempore (Mr. mined that ‘The 311 Border Patrol to another without the proper edu- SHIMKUS). Is there objection to the re- Agents along the northern border can- cation and training are in harm’s way, quest of the gentleman from Cali- not adequately patrol the approxi- not only in terms of war, but in terms fornia? mately 4,000 mile border with Can- of the devastation of disease. Based There was no objection. ada.’ ’’ upon our work, we are delighted that f The February report also notes that this kind of effort was made on behalf SPECIAL ORDERS between 1993 and 1998, agents along the of the United Nations. northern border were nine times more Mr. Speaker, I yield to the distin- The SPEAKER pro tempore. Under likely to encounter someone smuggling guished gentlewoman from California the Speaker’s announced policy of Jan- drugs and 14 times more likely to en- (Ms. LEE) who has been the moving uary 6, 1999, and under a previous order counter someone smuggling weapons force on fighting AIDS in this Con- of the House, the following Members than agents along the southwest bor- gress. will be recognized for 5 minutes each. der. Ms. LEE. Mr. Speaker, let me thank f Despite this overwhelming discrep- the gentlewoman from Texas (Ms. JACKSON-LEE) for her leadership and ON THE NEED FOR MORE BORDER ancy, more than 95 percent of INS’s Border Patrol Agents are on the south- also for her efforts in helping the or- PATROL AGENTS ON AMERICA’S phans and the children of Africa who NORTHERN BORDER ern border. In addition, INS Commis- sioner Meissner’s decision to move per- are suffering now as a result of their The SPEAKER pro tempore. Under a sonnel was made knowing that last parents dying of AIDS. I thank the previous order of the House, the gen- year’s arrest of suspected terrorist gentlewoman for her leadership. tleman from Washington (Mr. Ahmed Ressam highlighted additional We participated in a mission last METCALF) is recognized for 5 minutes. reasons to maintain maximum cov- year. During that time in Southern Af- Mr. METCALF. Mr. Speaker, I do not erage on the northern border. rica, we realized that we had to come have to remind this House about the I have also previously asked Commis- back and do something. We looked in fine work of our border patrol officers. sioner Meissner to hire additional the eyes of babies, and there was no They put their lives at risk every day northern border agents, for which Con- way that we could let these children to slow the flow of illegal drugs into gress has already appropriated the live like this without us at least trying this country and to keep our border money. She has not only not hired ad- to do something for them. safe from dangerous aliens. Their work ditional agents, she has again relocated This morning, I had the honor and in helping to arrest a suspected ter- some of the few agents we have. the privilege to participate with the rorist near Port Angeles, Washington, gentlewoman from Texas (Ms. JACK- b last December was exemplary. 2000 SON-LEE) and the gentlewoman from Due to the current inept manage- In addition, she removed all of the New York (Mrs. MALONEY) in actually ment of the INS, however, the jobs of patrol planes from the Washington bor- witnessing the United Nation’s Secu- these officers are made much, much der. Most outrageous of all, it turns rity Council’s historic discussion and more difficult. Over the past two fiscal out she has made these relocations vote regarding the importance of HIV years, Congress has appropriated funds while refusing to release the contents and AIDS education and prevention as for the INS to hire 2,000 new Border Pa- of a Department of Justice report that it relates to peacekeeping forces. trol Agents. The agency has failed to specifically highlights the severe per- We all know that an ounce of preven- hire anywhere near that number, and sonnel shortages on the U.S.-Canadian tion is really worth a pound of cure. We the vast majority of the new agents border. should be proud of the fact that our they have hired have been assigned to Relocating agents and equipment own ambassador, Ambassador the southern border. while hiding details of the dangerous Holbrooke, has and continues to take

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.077 pfrm02 PsN: H17PT1 H6090 CONGRESSIONAL RECORD — HOUSE July 17, 2000 the lead in raising the moral concerns, budget for fiscal year 2001, which was of this legislation. It is essential and the humanitarian concerns, and, yes, referred to the House Calendar and or- necessary. We made a mistake when we the security concerns of the AIDS pan- dered to be printed. privatized this vital industry. We made demic. He has done remarkable work in f a mistake when we turned it over to little time to educate the world com- the private sector who are not nec- TAKE BACK CONTROL OF URA- munity; and that is, definitely, he has essarily loyal to this country or to the NIUM ENRICHING FACILITIES BE- put forth and set forth a course to ac- objectives of this government. They FORE AMERICA BECOMES DE- tually break the silence in the world are not necessarily loyal to the energy PENDENT ON FOREIGN SOURCES with regard to this pandemic. security need of this Nation. Their pri- FOR ENERGY We were waging war on this. I am mary objective is to their investors and proud of the Congress in terms of our The SPEAKER pro tempore. Under a their stockholders. bipartisan efforts to wage war on this previous order of the House, the gen- I am deeply troubled, Mr. Speaker, deadly disease. I think today the reso- tleman from Ohio (Mr. STRICKLAND) is that the individual that oversaw the lution that was passed by the Security recognized for 5 minutes. privatization process, the individual Council really takes us one step for- Mr. STRICKLAND. Mr. Speaker, I who was the CEO of the public corpora- ward in waging the battle that we must represent a district in Southern Ohio tion before it became private, was deal- wage on this. that is a part of the Appalachian area. ing with a major, major conflict of in- Ms. JACKSON-LEE of Texas. Mr. I am very proud of my constituents. terest. As a government employee, he Many of my constituents throughout Speaker, might I say that the leader- was making approximately $350,000 a the long years of the Cold War worked ship of the gentlewoman from Cali- year. Once this became a privatized at a facility in southern Ohio which en- fornia (Ms. LEE) in the United States corporation, his salary skyrocketed to riches uranium. During the early days Congress, along with the amendment $2.48 million a year. Not only that, but of the Cold War, that facility enriched on debt relief offered by the gentle- he convinced the board of directors to uranium which went into our nuclear woman from California (Ms. WATERS) give him a golden parachute of $3.6 mil- weapons. In more recent years, that fa- and the gentlewoman from California lion. If he is fired or he loses his job, he cility has produced enriched uranium (Ms. PELOSI) last week brought us to can walk away with $3.6 million. necessary to create the fuel that pro- where we needed to be by adding $42 The workers in my district, many of duces the nuclear power generated in million back into the Foreign Oper- them who have served this country as this country, the electricity through ations appropriations. Cold War warriors who have exposed nuclear power. I think it is important for the Amer- Two years ago, this administration themselves to dangerous conditions, ican people to understand that as the and this Congress privatized that in- are being terminated of their jobs, world is endangered by the devastation dustry; and just a few weeks ago, this many with only weeks to go before of the elimination of large populations new privatized corporation announced they qualify for retirement. It is sim- by HIV/AIDS, we need to recognize that it was closing the facility in my ply wrong. It is wrong for my constitu- here in America that we are fully im- district, thereby terminating the em- ents. It is wrong for this Nation. pacted. ployment of some nearly 2,000 men and I urge my colleagues to join me in I know for many it seems as if we are women. These are individuals who have the efforts to once again take over the looking distant, far away, but AIDS served our country well. Many of them ownership of this vital industry and can be compared to the times histori- have been exposed to dangerous chemi- protect our country from being so to- cally of the bubonic plague when large cals and to radiation. They have devel- tally dependent on foreign sources for numbers of Europeans were devastated oped cancers. Many have lost their energy. and eliminated with this disease. lives. f This disease is killing one in five in Later on this week, Mr. Speaker, I South Africa. Forty million children UNITED NATIONS SECURITY COUN- am introducing legislation which will CIL SEES HIV/AIDS AS GLOBAL will be orphaned. I am very proud that set in motion a process whereby this the Ambassador to the United Nations CRISIS, NOT JUST A HEALTH government can once again assume PROBLEM joined in the causes with, first, the ownership of this industry. Why would Vice President speaking before the I do this, and why is it important to The SPEAKER pro tempore. Under a United Nations, then our respective the economic and energy security of previous order of the House, the gentle- Senators, the gentlewoman from Cali- our Nation? It is because some 23 per- woman from New York (Mrs. MALONEY) fornia (Ms. LEE), who has just returned cent of the electricity generated in this is recognized for 5 minutes. from Durban, South Africa, to say that country is generated through nuclear Mrs. MALONEY of New York. Mr. we really are in a war. power. Only two facilities in this coun- Speaker, I am really here to join two As we fight for peace, peace is inter- try enrich the uranium which is nec- previous speakers, the gentlewoman twined in fighting against this dev- essary to produce the fuel for these nu- from Texas (Ms. JACKSON-LEE) and the astating disease. I would hope that we clear power plants. gentlewoman from California (Ms. will continue this effort. I thank the The direction of this privatized cor- LEE), who were with me today at the gentlewoman from California (Ms. LEE) poration troubles me. I am very con- United Nations Security Council in for her leadership, and, of course, I ap- cerned that their ultimate goal is not New York where the United Nation’s plaud the United Nations for its effort. to be producers of enriched uranium, Security Council for the first time in f but simply to become brokers of en- history voted for a united effort and at- riched uranium. It is my concern that tack on the AIDS crisis in the world REPORT ON RESOLUTION PRO- their ultimate goal is, not only to close and saw it as a security problem, not VIDING FOR CONSIDERATION OF my facility, but also to close the facil- just a health challenge before us. It A MOTION TO GO TO CON- ity in Paducah, Kentucky. recognized a that HIV/AIDS is more FERENCE ON H.R. 4810, MAR- If that were to happen, Mr. Speaker, than a health problem but actually a RIAGE TAX PENALTY ELIMI- this Nation would become totally de- global crisis. It set a very important NATION RECONCILIATION ACT OF pendent on foreign sources for at least target to work towards the reduction 2000 20 percent of all of the electricity that of AIDS by 25 percent by the year 2010 Ms. PRYCE of Ohio, from the Com- is generated in this country. We cannot in the age group of 15 to 24. mittee on Rules, submitted a privi- let that happen. As a body, as a group It was a very significant and ground- leged report (Rept. No. 106–752) on the of elected Representatives of the peo- breaking action, but it is by no means resolution (H. Res. 553) providing for ple, we must not allow ourselves to bean end. It is a beginning of many more consideration of a motion to go to con- come dependent on foreign sources for steps that we have to take. ference on any Senate amendments to a huge portion of all of the electricity Earlier in January, I was there when the bill (H.R. 4810) to provide for rec- generated within this country. Vice President GORE announced his onciliation pursuant to section 103(a)(1) I am calling tonight upon my col- support for this effort, and I applaud of the concurrent resolution on the leagues to join me in the introduction the leadership, not only of the Vice

VerDate 11-MAY-2000 06:06 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.080 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6091 President, but of Ambassador Further Recognizing that the HIV/AIDS b 2015 pandemic not only poses a threat to stability Holbrooke who have worked with the CONGRATULATIONS TO REVEREND Security Council to bring it to the vote and security, but is also exacerbated by conditions of violence and instability, VASHTI M. MCKENZIE OF BALTI- today on this important resolution. MORE It will look at AIDS as a long-term Recognizing that HIV/AIDS poses a truly and domestic policy. It will set up a global risk to all continents and peoples both The SPEAKER pro tempore (Mr. tracking system around the world. It civilian and military, PITTS). Under a previous order of the will focus on training and education Expressing Concern at the damaging im- House, the gentleman from Maryland around the world, but also on the pact of HIV/AIDS on international peace- (Mr. CUMMINGS) is recognized for 5 min- peacekeepers, testing voluntarily the keeping operations. utes. Mr. CUMMINGS. Mr. Speaker, to- peacekeepers, and making them aware Welcoming the March report of the UN night I rise to salute and pay tribute to of the crisis and the harm that it can Special Committee on Peacekeeping which affirmed the need to incorporate HIV/AIDS a friend, Bishop Vashti McKenzie, who be to their own health and to many prevention training in aspects of the was just elevated to be a bishop in the others. UNDPKO training for peacekeepers, African Methodist Episcopal Church in I might add that this body has also Welcoming the Report of the Secretary- Cincinnati just a few days ago. She is acted to combat the AIDS crisis. The General for the Millennium Assembly of the the first woman to achieve this high Department of Defense legislation con- United Nations, and in particular, those sec- goal, and she is certainly very deserv- tained $10 million to really work, in a tions where he notes that the spread of HIV/ ing. joint effort, with military organiza- AIDS is a truly global crisis, that unless ac- Bishop Vashti McKenzie, whose tions around the world to educate and tion is taken HIV/AIDS will be even more church is within one block of my house combat AIDS. Just last week, in the damaging in the future, and his call for coordinated and intensified international ac- in the 7th Congressional District of Foreign Operations bill, there was a Maryland, for many, many years has vote of $244 million for USAID to com- tion to reduce the rate of new HIV infections by 25% by the year 2010, labored in the vineyards of lifting up bat AIDS. people, pastoring the Payne Memorial I also applaud the hard work of the Commending the efforts by UNAIDS to coordinate and intensify the work of the A.M.E. Church and being a wonderful, gentlewoman from California (Ms. LEE) wonderful pastor, a wonderful wife, and on her ‘‘Marshal Plan’’ against AIDS, world’s states and the UN organizations against the HIV/AIDS pandemic, one who has constantly been about the which was reported out of the Com- business of empowering not only her mittee on Banking and Financial Serv- Commending the efforts of the United Na- tions Department of Peacekeeping Oper- church members but her community. ices with strong bipartisan support ations to address this issue, including pro- Bishop McKenzie is a member of the with $100 million authorization for 1 viding HIV/AIDS prevention awareness infor- Delta Sigma Theta sorority, and she year and $500 million over 5 years. That mation to peacekeepers through its train- has been a very active member and she legislation is currently before the Sen- the-trainers courses and materials: has constantly done things within the ate. We hope it will likewise receive 1. Requests the Secretary-General ensure 7th Congressional District to address strong bipartisan support. the provision of mission-specific training of the question of how to empower people. I wanted to join my colleagues in all peacekeepers on issues related to the pre- She recently spent a tremendous really applauding the first-ever action vention of the spread of HIV/AIDS, and en- amount of time working with the by the Security Council in recognizing sure the further development of pre-deploy- banks in Baltimore trying to make ment and on-going training of all peace- AIDS as a health problem, a security sure that they were not redlining. She problem in our new world of inter- keepers on issues related to the prevention of the spread of HIV/AIDS, spent a tremendous amount of effort dependence and globalization, in a very 2. Urges all states to acknowledge the pulling together banks and making positive step that they took today in sure that their lending practices were passing out this resolution which I will problem of HIV/AIDS directly, including in uniformed national military forces, and de- consistent throughout the entire Balti- place in the RECORD as follows: velop, in consultation with the international more metropolitan area. DRAFT SECURITY COUNCIL RESOLUTION ON community and UNAIDS, effective civilians But more important than that, even HIV/AIDS and military personnel on the prevention of when she was not even considering run- The Security Council, the spread of HIV/AIDS, ning for the position of bishop, she con- Recalling its meeting of 10 January 2000 3. Urges all member states to institute vol- stantly worked in the vineyards. I have chaired by the Vice President of the United untary and confidential counseling and test- often said that when one is unknown, States, at which it was briefed the President ing for HIV/AIDS for civilians and members unseen, unappreciated and of the World Bank, the Administrator of the of uniformed national military forces, espe- United Nations Development Program, and unapplauded, it is what they do in cially for troops to be deployed to inter- those moments that really count. So I the Executive Director of the Joint United national peacekeeping missions, because of Nations Programme on the connection be- the proven effects of testing to reduce high- take a moment not only to salute tween the spread of HIV/AIDS and peace and risk behaviors, Bishop Vashti McKenzie, but I also security in Africa, 4. Further urges countries to increase take a moment to salute the African Deeply concerned by the extent of the HIV/ Methodist Episcopal Church. There are AIDS pandemic worldwide and by the sever- international cooperation among national ity of the crisis in Africa in particular, military organizations to assist with the cre- so many churches that do not even Bearing in mind that it has the primary re- ation and execution of HIV/AIDS prevention, want women to be pastors, and here is sponsibility under the Charter of the United testing and treatment policies within the a church that not only have many pas- Nations for international peace and security, militaries, tors throughout these United States Recalling in this context, the Statement of 5. Requests the Secretary General ensure but has decided to elevate one of its its President on the role of the Security that UNAIDS cooperate with member states, daughters to be a bishop. Council in the prevention of armed conflicts including those states that contribute peace- It is with great honor that I recog- (S/PRST/1999/34), keeping troops, to establish voluntary con- nize and thank Bishop Vashti Reaffirming the importance of a coordi- sultations and a database to track these nated international response to the eco- McKenzie for all of her work; and, Mr. countries’ HIV/AIDS prevention education, Speaker, it is my pleasure to congratu- nomic, health, social, cultural and humani- testing, deployment, counseling and treat- tarian problems which are often the root ment policies, late her for her accomplishments. causes of armed conflict, f Recognizing that the adverse effects of the 6. Calls upon the leadership of all UN orga- spread of HIV/AIDS on all sectors of society, nizations to address the HIV/AIDS pandemic TAXES AND THEIR IMPACT in the context of their organization’s respec- including individuals, families, workers, po- The SPEAKER pro tempore. Under litical leadership, and the military, have tive mandates and to adjust their organization’s activities accordingly to ensure they the Speaker’s announced policy of Jan- weakened the capacity of affected countries uary 6, 1999, the gentleman from Colo- to maintain domestic and regional peace and are assisting wherever possible in the global security, efforts against the HIV/AIDS pandemic rado (Mr. MCINNIS) is recognized for 60 Further Recognizing that the spread and Decides to remain seized of the matter and minutes as the designee of the major- impact of the HIV/AIDS pandemic is greatly to continue to seek information and guid- ity leader. exacerbated by poverty and lack of develop- ance on this issue from all appropriate Mr. McINNIS. Mr. Speaker, I have ment, sources. just come back from the district, and I

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.082 pfrm02 PsN: H17PT1 H6092 CONGRESSIONAL RECORD — HOUSE July 17, 2000 spent my entire weekend traveling approach than to put a tax on them on search, as cited by the Wall Street throughout the district. Interestingly, the day they die. The day that person Journal article, Japan, has a higher the subject that came up time and time dies, Uncle Sam will be at the door, rate than the United States. again were the death taxes. So this right behind the mortician, except that Now, as my colleagues know, the ad- evening I am going to talk a little Uncle Sam gets to collect before the ministration, the President and the about taxes. I think it is a good forum mortician, by the way, on the death Vice President, as a team, are prepared for us to discuss really four basic taxes, tax. to veto the elimination of the death and so I am going to address those with So we will talk a little about what tax. The U.S. House, by a bipartisan my colleagues here this evening. this death tax means; how it impacts vote, meaning Democrats and Repub- The first, of course, is the death tax. things in the environment, like open licans, supported the Republican bill to I will go into some detail about what space in Colorado; how it devastates eliminate the death tax. The Senators, that exactly encompasses and why it is families who were brought up and who both Democrats and Republicans, so punitive on the citizens of this coun- lived the American Dream; how every- adopted the Senate bill, the Republican try; why it is an unjust tax; why there one’s dream, those my age, is to leave Senate bill, to eliminate the death tax. is no justification for the death tax in something for the generation behind Yet this bipartisan effort will be vetoed our tax system; what it does to open them, and how that dream has been in the next few days by the President space and to the preservation of open dashed; what the impact is for the gen- and Vice President team. space in districts such as mine, the eration ahead of me that wanted to A lot of us hoped, however, that they Third Congressional District of the leave something for this generation to would just leave it alone. When we State of Colorado. get kind of a head start, how it has started this year, we were surprised Then I will move on and talk about been demolished in many cases; and when we got the President and Vice the capital gains tax reduction that what the impact is of death tax trans- President’s budget, which not only of the Republicans put into place and ferring, spinning money right out of course does not call for elimination of what capital gains means as far as cre- the community to be transferred, with- the death tax, it increases the death ation of capital and why it is critical out work, without value, simply trans- tax, and increases it by $9.5 billion. for the economic well-being of our ferred from our local community to the Today we are sending them a bill that country. bureaucracy in Washington, D.C. under will finally allow equity in regards to From there, I will move on to talk a the death tax. this, to eliminate it; but the President little about the marriage penalty. To One of the best articles I have read is and the Vice President see fit to veto the best of my knowledge, only in the out of a newspaper which I read on a it. United States of America, only in the regular basis, the Wall Street Journal. Now, some of my colleagues or their United States of America do we tax Excellent editorials, by the way, col- constituents out there may say, well, couples because they are married. This, leagues. I would urge all my colleagues that does not impact me, the death tax by the way, is the leading country in to read those. It was interesting to me is only for the wealthy. Interesting sta- the world which advocates family. We that the TV talk host, Oprah Winfrey, tistic I saw the other day. The Amer- advocate marriage. We want people to is quoted as saying, ‘‘I think it is irri- ican Association of General Contrac- get together and tie that bond, the tating that once I die 55 percent of my tors pointed out that a contractor, very basic entity of the family founda- money goes to the government of the somebody who wants to go out and dig tion which has made this country United States.’’ some dirt, who purchases the three great. But Uncle Sam comes along, not Why is that irritating? Because that basic tools necessary to move dirt, a to be left out of the game, and puts a individual may have already paid near- bulldozer, a dump truck and a front- tax on it. We will talk a little about ly 50 percent. What Oprah is referring end loader, that contractor in America that. to is that the money being taxed upon that buys a front-end loader, a bull- Finally, I also want to talk about our that person’s death, if that estate dozer and a dump truck, their estate is homes. Every homeowner, every one of qualifies, is property upon which that now in the status that it will be faced our constituents, colleagues, who are individual may have already paid taxes with the death tax upon their death. homeowners out there in this fine on. It is not money that was put away Look, colleagues, this does not just country of ours, we need to talk about in some little chuckhole somewhere apply to the wealthiest of Americans, what happens when they sell that home and not had taxes paid on it. It is this applies to a lot of Americans; and for a profit; what used to happen and money, in many cases, that has been it applies to Americans who do not nec- what now happens as a result of the Re- taxed not only once, but twice and essarily have high cash flow. This con- publican leadership. And, frankly, that sometimes three times. tractor who has a bulldozer, a dump was a bipartisan vote, but it is a Re- Let me go on with her quote: ‘‘When truck, and a backhoe may have no cash publican bill; and we will discuss what you leave a house or money to people, flow, or their business is just breaking it did to those homeowners and how it then they’re taxed at 55 percent. So even, and upon the death of this con- helps homeowners in this country. you’ve got to leave them enough so tractor, the Federal Government comes It has some bearing for every one of once they’re taxed they still have some in and they will crush that business be- my colleagues in this Chamber because money.’’ cause the only way that estate can pay the majority of our constituents own When we talk about taxes in a coun- that estate tax is to sell the bulldozer homes. And in these good economic try, we have to look around the world. or sell the dump truck or sell the front- times, a lot of our constituents have It is, after all, America that is the end loader. Now, how, as a contractor, the opportunity to sell their homes; or symbol of free enterprise. It is the when the business needs those three if they sell their home, they will sell it dream in America that a person can basic pieces of equipment, how can the for a profit. start out and if they can figure out a business be operated with just two of But first of all let us begin with the better mousetrap, a better way of the three? It cannot. tax that I think is without justifica- doing things, a product that will ben- The same thing applies to ranchers tion, a tax which was initiated as a efit the people, give value to the peo- and farmers, in particular, in rural vendetta, as a way to get even with the ple, then that person is rewarded the America. My State, for example: Colo- wealthy families, the families who met fruits of their labor. That is the Amer- rado, the district I represent, the Third success in America: the Fords, the Car- ican concept. Congressional District of Colorado, negies, the Vanderbilts, the Rocke- Look at other countries. Look at geographically larger than the State of fellers. some of the countries that have the Florida, essentially all the mountains Back then the feeling was, how dare reputations for high taxes in this of Colorado. Do my colleagues under- those people make that much money; world. Look at Switzerland. Not only stand what is happening to our ranch- we have to figure out a way, without Switzerland, but look at Germany, or ing community out there because of working for it, to take the wealth from look at Belgium. Even their death this death tax? them and transfer it to us, the Govern- taxes are lower than the United States. I wish the President’s policy wonks ment, in Washington, D.C. What better Only one country that I can find in re- and the Vice President’s policy wonks

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.083 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6093 would come out to Colorado and see with the death tax, but I read a couple overnight. Do you know what happened what they are doing to open space. that say, hey, what are you talking to your major contributions, to your They are forcing it to go into 35-acre about? All you are doing is hitting the charities and the community, the ranchettes because the family, who is rich people. How wrong those people United Way, the Cancer Society, Lung part of a ranching operation, does not are. Society? Gone overnight. Do you know have heavy cash flow. In some cases, Interestingly, one of those articles I what happened to jobs in that commu- not even positive cash flow. When the saw in the Wall Street Journal, and it nity that were there as a result of the head of the family passes away and the was not an editorial but it was a guest investments that he made in that com- estate is activated for the death tax, comment; and I thought to myself, I munity? Gone overnight. what choice do they have? It is like the wonder if the author of that article had And yet our President and our Vice contractor who has to sell one of the ever been outside of the boundaries of President are willing to stand down three or maybe two of the three pieces the Potomac River to the farmlands there and veto the elimination of this of equipment. and to the ranchlands and to the small unjustified death tax. It is not fair. I have a wonderful little niece. She is b 2030 businesses in America and asked those people what is it going to be like when 2 years old. She has a way of crossing It demolishes it. The contractor’s mom or dad dies and you have got to her arms and looking you in the eye business is gone. And that is what is pay estate taxes? What kind of impact and she says, ‘‘it’s not fair.’’ That is ex- happening to ranches in Colorado. Yet does it have on your community? actly what is happening here. our President and Vice President de- Let us talk about that for a minute. How can you justify in any regard cided that it was appropriate not only What happens to the community? other than the fact that you want to be to have a death tax imposed upon all of Some people as they write in these edi- vindictive against people who have us but to increase the death tax this torials think that the only impact is been successful in our society, how can year in their budget by $9.5 billion. upon the family with whom the death you justify a taxable event upon their Let us go on with this article. I think occurred. My gosh, they need to open death? How can you look at the sur- it is very interesting. ‘‘Then there are their eyes, my colleagues, because it viving members of their family or how casualties,’’ speaking about the death goes much further than just the family can we look at the young people, look tax, again from the Wall Street Jour- that has the death. at the 20-some-year-olds in this coun- nal, July 29, 1999, ‘‘then there are cas- I will give my colleagues an example. try who are out there working 60 and 70 ualties in small business, particularly In my district, I had a friend of mine hours a week, who have the energy family businesses. Hardest hit are own- who lived the American dream, who that we all my age remember well, the ers of asset-rich enterprises and areas went out with soil in his hand and opportunity to be something, the op- like farming or timber that, while worked it and worked hard; and he was portunity to make it your own way, growing, may not throw off much cash. rewarded through life. He figured out a you want it your way, make it your In theory, again, the law provides a better mousetrap. He figured out how way, the American free enterprise sys- break for these families. However, the to build a better road. He knew how to tem, only to know that your goal, and reality is that prohibitive estate taxes work harder. He knew how to count his it was a goal I have had ever since my force the heirs to dismantle their leg- pennies. And, as a result, he got the wife and I had our first child, it was a acy to pay the taxes on it.’’ fruits of his labor. mutual goal, and that is we dedicated That is what is happening to Colo- Do you know what he did with the ourselves a certain portion of the hard- rado ranches. That is what is hap- fruits of his labor, the money that he earned money that we made, and we pening to ranches all around this coun- made? He made some money. Do you are not wealthy, but the hard-earned try. Let me tell you, the very wealthi- know what he did with it? He invested money we made we dedicated a portion est people in this country are the ones it in the community. He underwrote 75 of that because we wanted the next that can afford the legions of attorneys percent of the local Episcopal church generation to maybe have a home or and accountants to figure out how to budget, 75 percent of it, every year. maybe our son and daughter who wants preserve that, but the middle class in You could go to my buddy Joe and he to be a contractor and go out and buy America who does not have the money would write the check. The United those three basic pieces of equipment, to acquire the attorneys and the CPAs Way, the Cancer Society, the Lung So- a backhoe, a dump truck and a bull- for the protection of that estate are ciety, M.S., high school yearbook, you dozer. suffering. name it, Joe helped provide in that Whoever dreamed when we were Why should they suffer? It is one community. And it was money that young and those were the days, who- thing, we all have a tax burden. The Joe made but he kept in the commu- ever dreamed when those were the days citizens of this country acknowledge nity and it circulated. that it would be the United States Gov- and know that we have to pay our fair Joe also gave people jobs. He hired ernment that, upon your death, would share in taxes and the people who ac- people to work in his construction call it a taxable event and come in and quire these estates under the umbrella company. He hired people to help him take away the dreams that you and of the American dream they know they on his land. And those people then took your spouse have had for a long time, have to pay taxes and they pay them as their money home to their families in take away the prosperity that a com- they acquire their property. But then that community. That money was immunity enjoys? at the end, for the United States Gov- portant to that community. Where does that money go? It spends ernment to step in through the door of And what happened when Joe died? right out of your community, right out death and say now that you have died Guess who comes in from Washington, of your family, right out of your es- it has become a taxable event, we all D.C., as if they reserved a private jet tate. It spends East where and it comes know what are taxable events. If you just to fly into this small community to Washington, D.C., to be redistrib- buy something at the store, you pay, it in Colorado to go and smile over the uted by the Government. is a taxable event. If you buy a car, it deceased because it is a taxable event. Is it fair? Of course it is not fair. is taxed, it is a taxable event. You get They came into that community and Let me go on. I am particularly ad- a license plate, it is a taxable event. they hit his estate, when you combine dressing right now ethnic minority But the U.S. Government and the it with capital gains at a rate in excess groups. It is worth noting that a good President and Vice President think of 80 percent, 80 cents on every dollar, share of those people who are vulner- that the policy should be that when and by the way, every dollar that had able are owned by two groups whom you die, it is an event so remarkable already been taxed at the time it was high tax leftists claim to protect, that it should be taxed, so remarkable accumulated, any interest or invest- women and minorities. that it should be taxed, regardless of ment or return since then was taxed, 80 A survey of black-owned businesses the impacts of what that tax does. percent on every dollar. by Kenneshaw State College in Georgia I have heard and I have read some Do you know what happened to the 57 found six in ten firms by women and editorials lately, not many, most of the percent of the local Episcopal church minorities, six in ten firms reported editorials I read support doing away budget that was underwritten? Gone that the estate tax makes the survival

VerDate 11-MAY-2000 06:06 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.084 pfrm02 PsN: H17PT1 H6094 CONGRESSIONAL RECORD — HOUSE July 17, 2000 of their business after the current gen- tax. I urge you to support and pass the months. The Newman family had to eration significantly more difficult or death tax repeal legislation this year. use all of the resources from the sale of impossible. Close to a third of those Family-owned businesses need relief the company’s wholesale operations to people said their heirs would have to from those death taxes now. We are pay the death tax bill. These proceeds sell their businesses just to pay the celebrating 66 years in business.’’ could have been put to a better use by taxes. Now, that is the American dream. being reinvested in retail stores and Let me read a few letters that I have That is the American dream, Mr. new jobs. The sale of the wholesale side gotten in my office that are right on Speaker, 66 years in business. Six gen- of the business provided the funds to point when we talk about the impact erations in this letter, six generations pay the estate taxes. Now Mr. Newman, that happens by this Government upon on the same ranch. Do my colleagues to preserve what is left of the business, its own people. Colleagues, it is hap- want to be a part of the team that has estimated over the years he has pening to our constituents simply be- ruins those six generations? Do they spent in excess of $600,000 just on ac- cause they die and simply because they want to be a part of the team that countants and CPAs to help him figure have lived the American dream and comes in here after 66 years of busi- out how to pass that business on to the they have had success. ness? Let me continue. next generation without the death tax. Now, look, if you want to be vindic- ‘‘My grandfather, Vic Edwards, start- Brookhart Building Centers in Grand tive, if you are against people being ed with a fruit and vegetable farm in Junction and Montrose, Colorado. successful, then I guess you are satis- 1933 at our location in Colorado. The Those are two thriving communities in fied with this death tax. And appar- business grew into a grocery store and my district out in Colorado. Last Sep- ently that is perhaps the policy of the then a lawn and garden center. My fa- tember the Brookhart Building Centers White House, because they are going to ther, Vic Edwards, is 80 years old, and had to be sold in order to avoid paying veto a bipartisan bill, Democrat and he is in poor health. No business can the death tax. The owner said that it Republican. Although it is a Repub- remain competitive in a tax regime was the hardest decision the family lican bill, the Democrats voted for it, that imposes rates as high as 55 per- had made in 52 years of business. And some of them; and in the Senate Re- cent upon the death of the owner. Our it was a decision that was not brought publican bill, some Democrats voted tax law should encourage rather than on by their failure because maybe they for it. The President still chooses to discourage the perpetuation of these did not work hard enough. The decision veto it. businesses.’’ to sell was not brought on because they This gentleman is named Mr. Rob- Let me repeat that. Our tax laws, Mr. did not have a good product to sell. It erts. ‘‘My family has ranched in north- Speaker, should encourage the con- was not brought on because they could ern Colorado for 125 years. My sons are tinuity of these businesses, not dis- not service the community. It was not the sixth generation to work this land. courage the continuity. This guy works brought on by dissatisfaction of con- We want to continue, but the Internal in his family grocery store and that is sumers. It was brought on by the Fed- Revenue Service is forcing almost all what he is telling us, Mr. Speaker. He eral bureaucracy in Washington, D.C. ranchers and many farmers out of busi- is saying we should encourage the con- which decided that they are going to ness. The problem is the death tax. The tinuity of these businesses, encourage tax this family upon the death and demand for our land is very high, and them to go on, not destroy it. they are going to break that business 35-acre ranchettes are selling in this apart. Watt said the current death b 2045 area for as high as $4,500 per acre. We taxes forced his father to make the sale have many thousands of acres. We If you support that death tax, you prior to his father’s death in order to want to keep it as open space, but the are going to destroy a lot of these fam- protect our family. Can you believe United States Government is making it ily businesses. Leonard Harris, first- that? We have a constituent, col- impossible because we will have to pay generation owner of a food center in leagues, talking about in order to pro- 55 percent of the valuation of that Chicago, Illinois. His store is one of tect our family from the government, acreage upon my parents’ death. less than 20 African-American-owned in order to protect our family from a ‘‘Ranchers are barrel scrapping by supermarket companies in the United death tax, from a taxable event which these days, anyway. But since we want States. Mr. Harris has said, my focus was put in in the early 1900s just as a to save the ranch, we are in trouble. has been putting my earnings back vindictive tool to get at the Rocke- The family has been able to scrape up into grow the business. For this reason, fellers and the Carnegies, in order to the death taxes as each generation dies cash resources to pay the Federal protect our family and our employees. up to now. This time I think we’re done death taxes based on the valuation, the Remember what I said about the com- for. Our only other option is to give the way valuation is made, would force my munity impact? To protect our em- ranch to a nonprofit organization. And family to sell the store in order to pay ployees, too, and our community from they all want it. the IRS within 9 months of my death. a forced liquidation upon the death of ‘‘My dad is 90. We don’t have much Our yearly earnings would not cover the father and the wife, Betty, the best time left. We are one of only two or the payment of this tax. I should know. thing now would be to sell the com- three ranchers left around this area. I started my career as a certified public pany. And it was sold. Most ranches have been subdivided. accountant. So here is an African Let me conclude with one other arti- One of the last to go was a family that American, first generation in business, cle and then we will move on to some had been there as long as ours. When taking the cash flow, the profits out of other taxes. But listen to this. I do not the old folks died, the kids borrowed that business, putting it back into the like reading from scripts. But this is an money to pay the taxes. Soon they had business to create more business, to important one. I hope you have the pa- to start selling cattle to pay the inter- create capital, to create jobs, to create tience to listen to this. I think it is est. When they ran out of cattle, their an economic solid block in a commu- very moving. I think it shows you ex- ranch was foreclosed on and is now nity. Now he is saying, ‘‘Look, it isn’t actly how punishing, how punitive the being developed. The family now lives going to go beyond one generation if death tax is and how unfair and how in a trailer near town, and the father this government continues to put the unjustified they are and how the Presi- works as a highway flagman. death tax on us.’’ dent and the Vice President of this ‘‘If you want to stop sprawl, you bet- Rich Newman, Sr. Our company was country with their policy can not only ter ask the U.S. Government to get off founded in 1917 by Rich Newman’s fa- veto the bill, bipartisan bill to get rid the backs of family farms and ther and uncle and currently operates of it, the President and the Vice Presi- ranches.’’ 33 grocery stores in Illinois, Missouri, dent have actually proposed raising the The next letter, Ron Edwards: Kansas and Iowa and provides jobs for death tax by 9.5 billion in their budget ‘‘Dear Representative McInnis, 3,000 people. 3,000 people. When Rich’s they proposed. This came out of the I’m writing to bring to your atten- father passed away suddenly in 1969, Aspen Times. tion an issue of utmost importance to the family was faced with a death tax There are lots of tales to be told me and my family, employees, and the of several hundred thousand dollars about the conversion of former ranches businesses: elimination of the death which by law was due within several into luxury homes or golf courses

VerDate 11-MAY-2000 04:39 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.086 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6095 throughout the valley. Sometimes it thing else. There has always been hope We will just take a couple of examples was a simple financial decision, a that things will change before his here. Let us say as an individual you choice to take advantage of soaring de- daughters have to make decisions. But have bought a home for $100,000 and velopment values in the face of plum- he wonders if people really think about over time you sold the home, let us say meting cattle prices, but for other fam- the permanent changes that take place 10 years later you sold the home for ilies the passing of a parent meant the when the ranch is sold. It’s not just a $350,000. So your profit, and this applies passing of a way of life. Listen to that loss to the family, it is a loss to the to every homeowner in the country, sentence, colleagues. But for other community. It is a loss to the people your profit if you own a home was families, the simple death of a parent who work on that ranch. There are $250,000 and you were taxed on $250,000, meant the death of a way of life. The some movements in the right direction although you could defer the tax by death of a parent meant the death of a but are they moving quickly enough? rolling it over into a home of greater way of life for the whole family. We Because once our land is sold to devel- or higher value or if you were over, I have been around a long time, said opers, it is gone forever. It will never think, 62, you got a once-in-a-lifetime Dwight. The family roots are dug deep again have the integrity of a ranch. exemption I think of $125,000. We felt along Capital Creek Road in Old Snow That is what your estate, those death that this was punitive. Let me say to Mass and for nearly a century, heritage taxes are doing. Some of you out there, you, I am not up here to get in a par- and hard work were enough to sustain colleagues, who are supporters of the tisan battle. But the Democrats, frank- those who lived on our 13-acre stretch death tax and claim to be guardians of ly, you could have gotten rid of that of land. But it all changed. Until the environment, well, you are not death tax a long time ago, and you Dwight’s father’s death, each genera- doing it in rural America because in could have done something when you tion, each generation in that 100 years, rural America you are costing us, you held control for 40 something years on presided over a working cattle ranch are forcing us to develop those commu- these home taxes. But I am proud to which was both the lifeblood and the nities. By now you should have drawn say you joined us, you joined the Re- livelihood of the clan, the Monron clan. the conclusion, I hope, that the death publicans in doing away with this tax. His later years were lean times for tax is fundamentally flawed. There is In my opinion, this tax break on the Dwight’s father but the fate of this no basis for it. There is no justification profit of your home when you sold it is ranch was not at risk until the govern- for it. The only reason really it came probably the biggest tax break that ment came around to collect its due on about were two reasons: One, vindic- you have seen in our tax structure, I the death of Dwight. The tax bill came tively to settle a score with the would guess in the last 15 years. to $750,000. And what it took to pay the wealthy people. It was jealousy in my bill was this. We had to sell half the opinion that drove it. And, two, the How so? We changed the law com- ranch, the ability of the Monron cattle government as usual looks for an easy pletely. It is the Republicans’ position to migrate in the winter months in 10 way to take money without earning it that, sure we need to have taxes, we do years, until we were able to pay our and transfer it to somebody else who not disagree with taxes. But we believe final last installment. What those did not work for it. Remember that we are under a fiduciary duty to take taxes took was also something very every time you give a dollar to some- the taxes that are necessary to give vital, the ability of the next generation body that is not working, you are tak- you the functions that you demand. to support their family by working the ing it from somebody who is. Every But beyond that, we think you should land that had been theirs for such a debit has a credit, every credit has a have the tax back. The money in your long, long time. debit. That is exactly what we are pocket works a lot more effectively So the government came in and not doing with this death tax. We ought to, than the money back here. Take, for only took the money but they took every one of us to the person in these example, if you won the lottery and away the future ability of this family chambers, ought to stand up to the you won $2 million, do you think for to continue ranching operations. It is President and the Vice President of one minute, any one of my colleagues just like the contractor. If you come in this country and say, sign the bill to out here, that you would take that $2 and you have the three pieces of equip- eliminate the death tax, Mr. President million and send it to the government ment, the bulldozer, the dump truck and Mr. Vice President. Quit standing in Washington, D.C. to invest? Of and the backhoe and you take one of by and letting our small businesses, course you would not. Or even to dis- those pieces of equipment away, you our family ranches and our family tribute. Of course you would not. If you can no longer function as a construc- farms be destroyed. Quit standing by, wanted to give it to the poor people, tion operation. What those taxes have Mr. President and Mr. Vice President, would you send your money to Wash- done to our family is exactly that. Now with this policy and letting our com- ington to be distributed to the poor one of our heirs works full time as a munities, our minority communities people? Of course not. Because of the mechanic, the son, works full time as a who are now finally getting the oppor- inefficiencies. This is one of the ineffi- mechanic for the school district and tunity, the fair opportunities that ciencies we saw in the government. So then works on the ranch when he gets should have been given to them a long what we did is we put in a tax bill. Let home at night. He doesn’t mind the time ago only to find out now that the us take the same example. The indi- long hours he has to put in. What does very government which espouses its vidual, again, buys the house for get under his skin is the memory of push for affirmative action and equal- $100,000, again sells the home for how IRS agents overseeing his father’s ity and so on and on forth is the very $350,000, realizing a profit of $250,000. taxes either didn’t recognize the devas- one who steps in on the day of death Under our bill, which became law, it is tation that was about to occur or and says, come here, we want the the law today, this is not a hope, it is didn’t care. It was just pay us or we’ll money, we want the money to transfer. not a dream we are hoping for, it is seize everything. If anything’s left Let us move on to another tax I want here. The Republican tax break passed. over, you can keep it, or if you can’t to visit with you about. This one you Your taxes today, zero. The amount make ends meet on what’s left, you can will feel good about. It is a big break if you were taxed on before, $250,000. hit the streets. He has no intention of you own a home. There are a lot of What we have said today, and everyone selling the remaining 640 acres but he young people out here today. Our coun- out there who owns a home, listen up, wonders if his daughters will be willing try now has homeowners that I think colleagues. Any of you that own a to go through what he has gone probably are the youngest age in the home now under our tax law as a result through just to keep the ranch intact. history of our country, or certainly in of that Republican bill, and I am proud With only half of the land to graze and recent years. I mean people in their of it, I am proud as a Republican to say falling beef prices, the ranch itself is 20’s, early 20’s are able to buy a home, we did this, now as a result of that, you only making enough to cover its oper- and economically it is probably the get to take the first $250,000 of net prof- ating costs and annual property taxes. largest investment most of those fami- it, not gross profit, of net profit from It is the day job at the school district lies will make during their lifetime. the sale of your home per person. So, that pays the doctor bills, the car in- Let me show you what happened in the remember, most homes are owned by surance, the grocery bills and every- past if you sold that home for a profit. individuals.

VerDate 11-MAY-2000 05:00 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.087 pfrm02 PsN: H17PT1 H6096 CONGRESSIONAL RECORD — HOUSE July 17, 2000 b 2100 MARRIAGE PENALTY of dollars, and we will be fair and In those cases, it is $500,000, the Let me talk for a moment about eliminate the marriage tax penalty. No $250,000 per person doubled, $500,000, we something else, the marriage penalty. deal; no bargain. get to take the first $500,000 of our net Can we believe it? I mean, can we real- The marriage penalty is a tax that is profit. I said net income, I meant net ly believe it that in the United States not justified. It should not be there. profit, I stand corrected, of your net a country that prides itself upon en- The same way with the death tax; no profit; and we get to put it into your couragement of family, that talks deal. It is not right. It is not fair. It is pocket taxfree. That is great. about the great foundation, accurately not justified. Stand up, Washington, Mr. Speaker, that is a tremendous talks about the great foundation of our D.C., and have enough gumption to say tax benefit that many, many people in country is family, and yet this govern- these things are not good tax policy. It this country do not realize; but, col- ment always is looking for a taxable does not work out in theory, and it leagues, every time we go back to our event, always trying to figure out how does not work out in reality. districts, we should tell homeowners, to put another tax on us. They figured I would urge the President and the which are most of the people that we out well, we take them on death. Guess Vice President to change their policy. I represent, we should tell them what an what else, there is another ceremony. would urge the Vice President and the opportunity now exists out there for Mr. Speaker, I think they look at President to repeal, to get rid of the them. They are not going to be penal- ceremonies. There is a ceremony called death tax, join Republicans, by the ized when they sell their home at a a wedding. Let us go ahead and put a way, Democrats, join Republicans and profit up to $500,000. tax on a marriage. That certainly is a Democrats in the House of Representa- The benefit of what we did in this bill good way to espouse family relations; tives and then in the United States is it is renewable every 2 years. If we that certainly is a good way to encour- Senate to get rid of the death tax. Join have a colleague outside of maybe Vail age people to be married and living as Republicans on the Republican bill, or Aspen, Colorado, where we have a family unit. Our government actually Democrats in both the House and Sen- really escalating profits, or the Hamp- penalizes people for being married. ate to get rid of the marriage penalty. I say to the President and the Vice tons, most people are not going to They tax them for being married. make that kind of money every 2 We have had a long time to change President that the President down years, there is maybe an exception here that. It has not changed. Again, I stand there has an opportunity to change it; and there; but the reality of it is, this proud as a Republican. One of our pri- do not play let us make a deal. On its face, standing alone the marriage pen- is a blue collar working family, middle orities was to eliminate not just the alty is fundamentally flawed, and obvi- income, lower income tax break of sig- death tax, not just give a break on the ously the death tax is unfair. nificant portions. I am very proud of sale of your home, which is now a law, that. but also to go out to those people that CAPITAL GAINS TAXATION Mr. Speaker, keep that in mind, any are being taxed as a result of being Let me, with my remaining time, of my colleagues, any of our constitu- married and say this is a mistake in speak about another issue, and that is ents that we hear, they are saying we called capital gains taxation. Now, cap- policy. are selling our home or we are getting We are not above ourselves to admit ital gains taxation really used to be a ready to move or we may have some that Washington sometime back made description that we applied to the constituents that say to us, we are get- a mistake. Washington should have wealthy people who had lots of invest- ting ready to buy a new house; and in never taxed the marriages. Washington ments. Those were the ones that made a lot of those cases, they are also sell- should not have a death tax. The House the so-called capital gains. ing their old house. Guess what has happened? The small, tax was excessive. Let us get rid of the We ought to take just a moment and little things happened in the last few marriage tax. I was surprised that we explain to our constituents what a years with the economic boom; a lot of great tax benefit they have ahead of would have opposition to that. people in America are now facing cap- I was also surprised that we had no them. In fact, they do not have to roll ital gains. There are mutual funds. votes on the repeal for the death tax. it over. It goes straight to their pock- There are retirement funds, the sale of Frankly, I was shocked that the Presi- et. By the way, unless our constituent their land or the sale of investments. dent not only did not oppose elimi- takes that money and digs a hole and Investments in this country are not re- nating the death tax, but also proposed puts it in the ground, that is the only stricted to the upper class or to the exception, unless that happens, the a $9 billion increase. We actually had wealthy. And more than ever in the money then will regurgitate in the people on this floor back to the mar- history of our country, the middle community; they will take their riage tax who opposed it who said we class and even the lower-income class money; they will put it in the bank. ought to be penalized. are now making investments, mone- Mr. Speaker, remember, here we are, The bank will loan it out or they will tary investments. take their money and build a bigger we are penalized at death, and now Mr. Speaker, we felt that in order to and better house, so we will have con- when we get married on that great day. encourage this, that is what creates tractors and workers going. That We have a bill working its way capital, not taxation, taxation does not money circulates. through. We have a bill which will take create capital. Taxation is simply a The beauty of this tax break, the big the eraser to the death tax, that will be transfer from your pocket to the Gov- beauty of this tax break is it keeps the in front of the President in the next 3 ernment’s pocket. What creates capital money in your community; that is one or 4 days. He has promised to veto it, is us out there plowing a field or mak- of my issues with the death taxes. The unfortunately. I hope we all remember ing a product or delivering a service, death tax, taxing death as an event the President’s and the Vice Presi- but we felt the encouragement out takes the money from your local com- dent’s policy is to support the death there was being disassembled by a pu- munity and moves it east to Wash- tax. nitive tax called the capital gains tax. ington, D.C. This took money from We also have another bill making its That tax was at 28 percent. your local community and moved it way down to the White House, and that Mr. Speaker, 28 cents on every dollar, from your community east to Wash- is to eliminate the marriage penalty. 28 cents out of every dollar that we ington, D.C. We want to get rid of the marriage pen- made on the sale of an investment This law that we have passed and if alty. Now, the President also has prom- went east to Washington, D.C.; that is the President and Vice President will ised to veto on that; although, in the right where it went. We felt that tax sign the repeal of the death tax, it will last few weeks the President and Vice was too punitive. We felt the tax keep money in your community. It will President said let us make a deal, kind should be eliminated. be money that will be used for our of like the movie show, ‘‘Let Us Make If we eliminate the tax, what happens local charities, not for the national a Deal,’’ we go ahead and support a to the 28 cents? The 28 cents, it does ones. It will be money that will keep brand new massive spending program not go to Washington, D.C. No, it stays local people employed. It is money in for prescription care in this country. It in your community. It stays at home your community. It spends in your is a massive obligation of taxpayer dol- where it is going to be invested, where community. It is worth it. lars, billions and billions and billions it is going to create jobs.

VerDate 11-MAY-2000 05:00 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.089 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6097 We had to have negotiations on this. Obviously, we need to have that Fed- not fair to tax on marriage. It is a big The President would not agree with us, eral Government; but our real focus of difference. We have an obligation to be the President and the Vice President. power in this country should be at the fair to the people we represent. They would not go with our bill of no local level, not the Federal level. In I hope all Members take me up on capital gains, and we had to have their order to do that, we need to come up that challenge and make every attempt signature or enough votes to override with policy that encourages money to they can to persuade the President and the veto which we did not have. So we stay in the community, that encour- the Vice President to change their poli- made a compromise. We at least have ages money that stays in the commu- cies and not veto our bipartisan effort gotten this far. We dropped the 28 cents nity to create capital, not take the to eliminate the marriage penalty, and to 20 cents. capital from the community in a trans- to not veto our bipartisan effort to get Mr. Speaker, that does not sound like fer transaction and send it to Wash- rid of the death tax. a lot, but wait until we sell our invest- ington, D.C. for redistribution, because f ment and the tax, the IRS comes the dollar that goes out of our commu- THE NEED OF SENIOR CITIZENS knocking on your door, all of a sudden nity, one, is a transfer, it is not a cre- 8 cents on the dollar savings, it adds TO HAVE A MEDICARE PRE- ation. The dollar that goes out of our SCRIPTION DRUG BENEFIT up. It makes a difference. community will never come back to Now, our goal is not to be satisfied our community as a dollar; some of it The SPEAKER pro tempore. Under with the 20-cent capital gains, because is necessary. the Speaker’s announced policy of Jan- capital gains, the taxation itself sim- We need a national defense. We need uary 6, 1999, the gentleman from New ply is not a creation of wealth, it is a a national commerce system. We need Jersey (Mr. PALLONE) is recognized for transfer of wealth. Again, it moves the a national highway system. We need a 60 minutes as the designee of the mi- money from our community to Wash- commitment to education. We need a nority leader. Mr. PALLONE. Mr. Speaker, I would ington, D.C. commitment to certain health care Our idea, and we will not stop until like to call the attention of the House with closely defined parameters; but we get to this point, our idea is elimi- this evening, as I have many times, to we also need to recognize that taxes, if nate the capital gains taxation, so the need for senior citizens to have a they are unfair, are punitive or if they when we make money on our invest- Medicare prescription drug benefit. are in the excess, then we ought to ment we send zero dollars to D.C.; we I do not really think it is necessary have enough courage to stand up to the keep all of the money, all of it, 100 per- tonight to go into the reasons why this cent of it in our community to invest American people. is necessary. We all know that the By the way, it is not an act of cour- in new projects. price of prescription drugs continues to I will give my colleagues an idea. age. It is a fiduciary responsibility of rise, that seniors as a particular group There is a farming family in New Cas- all of us in these Chambers to stand up have tremendous out-of-pocket ex- tle, Colorado, a good, good, family. I and say, hey, we collected too many penses, and that many of them do not was out visiting them not long ago, ac- tax dollars. We are overcharging our have access not only not under Medi- tually, about 3 or 4 years ago. I remem- constituents. care but in general to any kind of pre- ber to this day what the father said. He b 2115 scription drug insurance. Many times seniors have to make said, You see those fields, Scott. He It is a fiduciary duty of us to stand choices between whether they are said they are not being worked, they up and say, is it right, colleagues, for going to pay their bills, the rent, buy are being wasted. He said, by all rights, us to tax people because they are mar- food, as opposed to having access and there should be a young couple, a cou- ried? It is a fiduciary responsibility on ple that has just gotten married, 23, 24 being able to buy prescription drugs our part to stand up and say, is it real- that are really important for them to years old, a kid or two, and they want ly a taxable event because somebody to work the land. There should be a survive, for them to be able to live a dies and they leave property that has young couple working on that land up decent life and to not have to worry been taxed and taxed already? Is that a there. about whether they are going to be He said, But because of the capital taxable event? here the next day. The President, It is a fiduciary responsibility of ours gains taxation and the government, be- President Clinton, has made it quite cause of the taxing policy of the gov- to stand up and say, gosh, does the 28 clear that this is a major priority if ernment, I cannot afford to sell it. So percent capital gains rate really make not the number one priority for him. as a result, that land sits empty, and sense? Does it really encourage Amer- I listened to the previous speaker, that young couple will never have the ican free enterprise? Does it encourage the gentleman from Colorado, talk opportunity that my wife and I had those young people, those couples just about the marriage penalty, the estate many years ago when the ranching starting out, individuals starting out tax repeal. I would remind my col- generation or farming generation in their early twenties, does it really leagues and the American people that ahead of us allowed us to go up and encourage them to be prosperous? the Republicans are in the majority. It work the field, allowed us to have our Remember, when our people in this is very difficult for us as Democrats to turn with our hand in the soil. It country are prosperous, our country as get a proposal up and considered unless makes a difference. a whole is prosperous. If our local com- the Republicans who are in the major- Let me wrap up this evening with the munities are prosperous, then our ity allow that, allow us to bring it to time that I have remaining telling my States are prosperous. When our States the floor. colleagues why I talked about taxes. I are prosperous, the Federal govern- The President and myself and most am so focused on what is good at the ment is. It makes sense to keep those of the Democrats have not been happy local level, at the community level. dollars in the community. with the marriage penalty repeal and Our Federal Government is important, In conclusion, Mr. Speaker, I urge all the estate tax repeal that the Repub- and we have to finance the Federal Members tomorrow to pick up a phone lican leadership has proposed, not be- Government to operate. But we have and call the President and the Vice cause we do not want to see changes seen over the years a vast expansion of President and say to them, Mr. Presi- with regard to tax on married couples, what the Federal Government is ex- dent and Mr. Vice President, they need not because we do not want to see pected to do in our lives. to listen to the American people. Let changes in the estate tax, because we We have seen a dramatic dilution of us get rid of this death tax. Death have proposed changes, but the Presi- individual responsibility; and more should not be a taxable event. Hang up dent has said and the Democratic lead- than that, we have seen a focus shift- the phone, pick it back up and call ership has said that the bills that the ing government from the local level to them back, Mr. President and Mr. Vice Republicans have proposed essentially the Federal level and a lot of that fol- President, it is not fair to tax people in spend too much and spend too much on lows tax dollars. I think that the best this country for being married. Regard- a small percentage of the people im- government is the government at the less of the ramifications to the dollars pacted by the estate tax who are very communitywide level, at the State coming in, it is fundamentally not fair wealthy, whereas the Democratic pro- level. to tax on death and it is fundamentally posal protects the small business

VerDate 11-MAY-2000 05:00 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.091 pfrm02 PsN: H17PT1 H6098 CONGRESSIONAL RECORD — HOUSE July 17, 2000 owner, the ranchers, the people, the within Medicare, that ultimately there drugs under the rubric of Medicare and overwhelming majority that are paying would be overwhelming support for it administer it essentially under Medi- the estate tax. The same is true for the with the American people and probably care, which is a proven program, in- marriage penalty. even within the Republican caucus stead, the Republicans say, no, go out But the President is making an effort among the Republicans here as well, if and see if you can get a private insur- to try to get something accomplished they only had a chance to vote on it; to ance company to sell you a drugs-only around here, because I think most peo- have the opportunity for us to be heard policy. ple know that not a great deal is being and to explain it and to finally have a Now, what the Republican leadership accomplished in this Congress. The Re- vote. forgot to tell anyone is that the insur- publicans, my colleague, the gen- What the Republicans have done in- ance industry itself does not want to tleman from Colorado (Mr. MCINNIS) stead is they decided maybe a month sell those policies. We had representa- brings up his proposal for the marriage ago, I actually have an article that was tives from the insurance lobby that penalty, his proposal for the estate tax. in the June 15 New York Times, about came to the Committee on Commerce, It differs from the Democratic pro- 2 weeks ago or maybe 3 weeks ago they that has jurisdiction over Medicare posal, so we do not come to agreement. asked a pollster to do a poll. Basically prescription drugs, and they basically Nothing gets accomplished. the pollster came back, this was Glenn told the committee, we do not want to What the President has said is, Look, Bolger, a pollster with Public Opinion sell these drug prescription policies. I will take some form of estate tax re- Strategies, a Virginia firm, and warned We will not sell them. peal, I will take some sort of adjust- the House Republicans that the pre- There is a good reason why they will ment in the marriage penalty that ben- scription drug issue was a political not sell them: They cannot make any efits the average person, but along problem for them. money. It is like some of my colleagues with that we want the Republican lead- In other words, they realized that po- use the analogy of a haircut. Every- ership to agree to provide a Medicare litically if they ran for reelection in body gets a haircut. Everybody who is prescription drug plan, the one that November and they did not have a pre- a senior, or at least 99, 95 percent, the President and the one that the scription drug plan of some sort, that needs some kind of prescription drugs. Democrats have proposed. they would probably be defeated and So insurance companies do not want to I ask my colleagues, not only my would no longer be the majority here underwrite something that is essen- friend, the gentleman from Colorado in the House of Representatives. tially a benefit that everybody is get- (Mr. MCINNIS), but my colleagues in So Mr. Bolger basically told them ting because they cannot make any general, what better way to try to ac- that the best thing to do is to at least money. They operate on risk. They as- complish something, what better way start talking about the prescription sume some people will get coverage than to take some of the Republican drug issue, talk about how seniors are and others will not, and they pool their proposals and take some of the Demo- negative impacted, seniors suffer, and resources, and they make money be- cratic proposals, particularly this one we have to do something about the cause some people do not take advan- on prescription drugs, and try to ac- problem. tage of the benefit. complish that goal? In fact, Mr. Bolger went so far as to We cannot do that with prescription In fact, last week when we voted on advise, and I quote from this New York drugs with seniors. Almost everybody the Republican marriage penalty legis- Times article on June 15, ‘‘It is more is going to have the benefit and need lation the Democrats proposed a mo- important to communicate that you the benefit. That is certainly why it tion to recommit that would do just have a plan than it is to communicate makes sense to include it as a benefit that, that would even take the Repub- what is in the plan.’’ Basically what under Medicare. Just like we include lican plan, as long as the Medicare pre- Mr. Bolger said is, ‘‘Look, come up hospitalization and we include doctor scription drug proposal was added to it. with some rhetoric, if you will, about bills, we include prescription drugs as a And, of course, the Republicans re- prescription drugs, suggest some sort benefit. jected that and nothing was accom- of program, but do not worry too much Let me just talk a little bit about the plished. about what is in it, or certainly do not Democratic proposal and explain really If we are going to accomplish any- worry about whether it will ever pass how very simple it is and why it makes thing, we have to work out things to- or be signed by the President. Just sense. gether. The most important thing for bring something up on the floor of the Right now if one is over 65 and signs the Democrats, certainly one of the House and vote on it, talk about it, and up for Medicare, which almost every- most important things for the Demo- nothing will ever happen, but at least one does, they get their hospitalization crats, is that we get a Medicare pre- you will have something. You can say through Part A, and if they pay a scription drug plan passed so our sen- you approved something, so when you monthly premium of about $45 or so, iors have access and everyone is cov- go to the voters in November you will they get their doctor bills paid for ered; just like they are covered now by have something to say.’’ mostly under Part B. Medicare for hospitalization, for their This is the impetus, if you will, for What Democrats are saying, ‘‘We will doctors’ bills, that they get a prescrip- the House Republican prescription drug do the same thing. You pay a certain tion drug benefit. It is absolutely cru- plan called the Medicare RX 2000 Act. amount per month and we will set up a cial that that happen, and certainly we It is an illusory plan. It provides no program called Part C or Part D of can afford it if we all get together and real prescription drug coverage to any- Medicare whereby we will pay a certain figure out how to deal with this budg- one, to seniors or anyone. Instead, percentage of the prescription drugs,’’ et. what it does is it says, ‘‘We will give just like they get their doctor bills I wanted to point out that, unfortu- you some money, depending on your in- paid for. nately, when the Republicans a few come, and you can go out and see if What the Democrats say is that we weeks ago proposed a prescription drug you can get, with your own money and will guarantee the benefit. Not only program and had a vote on the House the little bit that we subsidize, see if will we guarantee the benefit through floor with regard to their prescription you can get a drug company to sell you Medicare if they want it, if they volun- drug program, which is not part of a prescription drug-only policy.’’ tarily sign up for it like they do for Medicare, that they would not allow Think about that a minute. We have Part B, but it covers all the medicines the Democratic proposal to be consid- this great program called Medicare that are medically necessary as deter- ered. Once again, we were shut out. that was started in the sixties and that mined by their doctor, not the insur- Once again, the Democrats were told almost all seniors take advantage of ance company. So they sign up, they no, they do not even want to consider which provides for their hospitaliza- are guaranteed the prescription drug our proposal on the House floor. tion, which provides for their doctor benefit, and the nature of what kind of What are they afraid of? I think their bills, most of their doctor bills to be drugs they get, what kind of medicine problem is that they are afraid that if cared for. they get, is determined by their physi- we look at the Democratic plan, which Instead of doing what the Democrats cian in consultation with them, not by seeks to include prescription drugs say, which is just bring prescription the insurance company.

VerDate 11-MAY-2000 05:00 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.093 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6099 Now, the Republican bill not only is the Medicare prescription drug pro- this year, about a week or 2 ago, and I not under Medicare, not only will not gram, and then we address the issue of am just going to read from a few work because what insurance company the marriage penalty and the estate quotes here. I do not usually like to is going to sell it, but beyond that, tax in a way that benefits the average quote, but this is so appropriate. they do not even say to the insurance American. It says, ‘‘Nevada has adopted a pre- company what they have to cover. The Now, I wanted to, just in case my col- scription drug program for the elderly insurance company, if they decide to leagues doubt that when I talk about very similar to one approved last sell a policy, they may decide, well, we this Republican proposal for prescrip- month by the United States House of will give certain drugs and we will de- tion drugs to be doomed to failure, Representatives, but is off to a rocky termine what prescription drugs they there was a very interesting article road. need. They do not define what the ben- that appeared, I think it was the Sat- ‘‘Insurance companies have spurned efit is, is essentially what I am trying urday before last, July 8, in the New Nevada’s invitation to provide cov- to get across. York Times on the front page which erage. The risks and the costs are too But most important, the Republican talked about the Nevada experience. high, they say, and the subsidies of- proposal, which just says, go out and I think a lot of my colleagues know fered by the state are too low. shop around and see if you can find an that what often happens in Congress is Nevada’s experience offers ominous insurance company that will sell you a that one or more of the 50 States tries lessons for Congress, especially Repub- policy, does not address the issue of something within their own State to licans, who want to subsidize insurance price. We know that one of the major see if it works; and if it does, then companies to entice them into pro- problems right now with prescription Members usually from that State look viding drug benefits for elderly and dis- drugs is that seniors who do not get at the idea and say, gee, that is a good abled people on Medicare.’’ prescription drug coverage through idea, why do we not try it on the Fed- ‘‘In March, the State invited hun- their pension or their employer after eral level. dreds of insurance companies to bid for they retire, or because they may sign Well, interestingly enough, within its business providing drug coverage up with an HMO, if they have prescrip- the State of Nevada, within the last 6 for 10,000 to 14,000 people age 62 or tion drug coverage, that is the way months, they decided to implement, on older. Only one company responded, they usually get it. But if one has to go a State level, something that is almost but it was ineligible because it was not out and buy prescription drugs them- exactly like what the Republicans pro- licensed to sell insurance in Nevada.’’ selves because one does not have an pose for a prescription drug program Now, what they did in Nevada is, HMO or coverage through their em- here; in other words, basically giving within the legislature, they set up a ployer where they have worked over some money, depending on one’s in- task force that was going to review the years, they pay a much higher come, that one will put with whatever whatever proposals came forward by price for the drugs than the HMO or other resources one has to go out and insurance companies to see if they those employer pension benefit plans buy a prescription drug only insurance qualified. because they do not have the ability policy. Barbara F. Buckley, a state basically to negotiate a price. It has not worked. Not only when I assemblywoman who co-chairs this task force monitoring what was going b say it has not worked, I do not mean 2130 that it even has a chance at working, on said, ‘‘I have my doubts that an in- Well, what the Democrats are saying because when the State of Nevada put surance company will be able to offer is we are going to address that price out this proposal to the insurance com- meaningful drug benefits under this issue, too, because we are going to say pany and said, okay, we will entertain program. If an insurance company does that the agency that is in charge of the proposals from insurance companies to bid on it but the benefits are paltry, Medicare program can negotiate a sell this kind of insurance, not one sin- senior citizens will be up in arms.’’ price or at least can set up in different gle insurance company in the whole The article goes on and on. But the regions of the country someone who State offered to do it. point is well made. This does not work. will negotiate a better price for you be- I think they had one company that No insurance company wants to offer cause now there are so many people in did not qualify under the law for some it. This is a ruse. This is a sham. This the Medicare program, 30 million, 40 reason that asked to do it, and the is not a serious effort to address the million seniors who these drug compa- State knew that they were not quali- issue. nies essentially we are at the mercy of, fied to do it, so they did not consider The Democrats have a serious plan. because if they want to sell them and it. But not one insurance company that But we do not have an opportunity to sell to the government program, they was qualified offered to do it. bring it up. We will continue to be here have to offer the better price that they Now, what better reason could one every night until we have that oppor- are offering to the HMO or to the em- have to not adopt that type of a pro- tunity. ployer benefit plan. gram? But what do the Republicans do Mr. Speaker, I yield to the gentleman So the Democratic plan basically op- here in Congress? They see the Nevada from Maine (Mr. ALLEN) who really, erates under the rubric of Medicare, is example, which was adopted by Repub- more than anybody else in the Con- voluntary if one wants to sign up, guar- licans, their Republican Governor, and gress, brought this issue to the fore- antees one the benefit, guaranteeing they seek to enact it into law here. front and particularly pointed out the all medical care, medically necessary Usually what we do in Congress is, if problem with price discrimination that drugs as determined by one’s physician the States are doing something that is exists for many seniors and the prob- and also seeks to address the problem good, we copy it, and we institute it on lem of, because he is in the State of of price. a national level. I cannot think of a Maine, and he so witnessed it first- The Republican bill does none of the single circumstance where we had a hand, about how people will go over above. Frankly, I would say that the State try something that failed and into Canada and be able to buy drugs Republican proposal would never work then we adopted it anyway. It makes for significantly less than in the and is nothing more than an effort to no sense to me other than going back United States. That is simply not fair. try to talk about something and try to to what I said before, which is the Re- Mr. ALLEN. Mr. Speaker, I thank give the impression that they care. publicans did not really want to pass the gentleman from New Jersey for But most important, going back to something that would actually be en- yielding to me, and I thank him for all what I said initially, the Republican acted into law and become a law and the good work he has done on this proposal passed the House of Rep- actually be utilized by anybody. So issue. He has been a real leader and has resentatives, but it is not moving in they did not. They just wanted some- been sort of pounding away. the Senate. The President is not going thing to talk about. We have learned, have we not, since to sign it. Why do we not try to get to- I wanted to, just interesting, if I our time here in the Congress that the gether, Democrat and Republican, and could, just quote a little bit from this status quo is the status quo, and it is come up with a proposal like what the New York Times article. But this was very hard to change. It only gets President has suggested where we have in the New York Times on July 8 of changed if people speak out again and

VerDate 11-MAY-2000 05:00 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.094 pfrm02 PsN: H17PT1 H6100 CONGRESSIONAL RECORD — HOUSE July 17, 2000 again and again about an injustice total is still $800 billion. What is really give enough money to the HMOs and until something is done about it. tragic about this proposal is, not that insurance companies, maybe, just While the gentleman from New Jer- there are tax cuts themselves, because maybe, we will not require it, but sey was talking about the State of Ne- there should be tax cuts. We ought to maybe, just maybe, they will provide vada, and its failed effort to rely on eliminate the marriage penalties. We insurance for our seniors. private insurance companies to provide ought to reduce the estate taxes. We Now, this might seem logical except prescription drug coverage, I was re- can provide relief in a number of other that the insurance industry says, no, minded how proud I am of my home ways. But we should not take the there is no way we are going to provide State of Maine, which has taken a dif- whole on-budget surplus and spend it insurance for prescription drugs for ferent tact. all on tax cuts. seniors. No way. That is what Chip Basically what the State of Maine Why? Because we learn something, Kahn, the head of the Health Insurance did in the last legislative session we teach our kids something that we Association of America has said. Lead- through the leadership of Chellie Pin- hopefully learned ourselves; and that ers of the Blue Cross plans have made gree, a State Senator, Mark Lawrence is, when we have responsibilities to the same point. Why? Because every- who is running for the U.S. Senate, and others, we need to meet those respon- body is a claimant. If one is a senior, some others, was to adopt a law which sibilities before we give ourselves pres- the chances are good, 85 percent, that provides that the State of Maine will ence. What I mean by that is this, one is on some form of prescription negotiate lower prices for all of those Medicare is going to be under increas- medication. So everybody is a claim- people, seniors and others, who are not ing pressure. Right now, there are 39 ant. now covered with prescription drug in- million Medicare beneficiaries. But I say to people in Maine, if Maine surance of one kind or another. So when we get out to about 2030, there were a low-lying State, and every year about 300,000 people in Maine would be will be close to 75 million to 80 million 85 percent of the people made a claim covered under this plan. Medicare beneficiaries. At that point, for flood insurance, one would not be The way the law is written, the State it is obvious Medicare needs to be able to buy flood insurance in Maine, would essentially act as what is calmed shored up. It needs more funding. We not at all, not at any price. Well, the as a pharmacy benefit manager. They cannot get there just going along the same is true for prescription medica- would negotiate prices with the phar- way we are right now. tion for seniors, and the health insur- maceutical industry to get a reduced The real tragedy, the real tragedy, in ance industry knows that. price based on the fact that they rep- New Jersey, we see it all across this Who does not know it in this coun- resent 300,000 people, the kinds of dis- country, and I am glad that people try? Well, the pharmaceutical industry counts that Aetna and Cigna and from Maine pointed it out to me so does not know it because the pharma- United negotiate for their bene- long ago now, too many seniors just ceutical industry is out there basically ficiaries, and the kind of discount that cannot do it. They cannot take their promoting this private insurance I have suggested we really should do prescription drugs. While folks on the scheme. The Republicans from this for Medicare beneficiaries here. other side of the aisle are talking House do not get it either, because The bill I have introduced, H.R. 664, about an estate tax repeal that would they are basically proposing a plan the Prescription Drug Fairness for Sen- benefit primarily the 1 percent of the that the health insurance industry is iors Act, is very simple. It involves the wealthiest taxpayers in the country, saying we will never comply with, we creation of no new bureaucracy. It does though I believe we should have estate will never provide this kind of insur- not involve any significant expenditure tax relief, still our priority ought to be ance. of Federal money, but it would allow let us take care of those people who I come back to what I said about re- pharmacies to buy drugs for Medicare simply cannot afford to take the med- sponsibility. This country at this mo- beneficiaries at the best price given to ical care that their doctors tell them ment in its history can afford to pro- the Federal Government. The best they have to take. vide prescription drug coverage for sen- price is usually what the VA pays for Every day in this country, people are iors, not to pay for all of the drugs that drugs or what Medicaid pays for drugs trying to decide, can I afford to buy the every senior needs, but a decent health for people who qualify for their pro- food I need today? Can I afford to pay care plan. We can afford it. grams. the electric bill? Can I afford to pay b 2145 It is real simple, a real simple idea. If the rent? Or can I somehow scrape to- one is part of a big pool, one ought to gether enough to take the full dosage And what holds us back, what holds get a decent discount. That is all we of the prescription drugs that I am sup- us back is the view of the majority are suggesting for Medicare bene- posed to? that the one thing we cannot tolerate ficiaries. But that is only through that When I talk to people in Maine, many in this country is strengthening Medi- piece of legislation. But that is only of them are taking one pill out of care; the one thing we cannot tolerate part of a solution. three. They are cutting pills in half. is strengthening a government health The other part of the solution, of They are not filling their prescriptions, care plan for our seniors. It has to be course, is to get a real Medicare re- because they cannot do it. done through the private sector. form, a benefit under Medicare so that That is not what health care is sup- Well, look at the private sector. I do those people for whom a discount is not posed to be like in this country. It is not know in how many States this is enough would be able to get assistance not supposed to be like that. In this true, but I know it is true in a lot of in covering their prescription drugs. country, one would have thought, the places; but as of July 1, 700,000 people Basically, the Maine legislation is a wealthiest country on earth, at the in this country who had some form of path that would get discounted prices moment in its history when it is most prescription drug coverage through for our seniors without a significant prosperous, we could at least provide their HMO simply got dropped by their cost to the government. prescription drugs for our seniors. HMO. Why? Because it was not profit- I was listening earlier to some of the The truth is we can. There is no ques- able to cover them. commentary from folks on the other tion, with the surpluses that are pro- In Maine, there were a grand total of side of the aisle about tax cuts, tax jected, that we can provide a Medicare 1,700 people under Medicare managed cuts, tax cuts, how, with this huge new prescription drug benefit for our sen- care, under an Aetna plan. And as of surplus, we really need to, first thing, iors. Absolutely no question. July 1, Aetna announced they are pull- is to have tax cuts, tax cuts larger than What have we got? We have got the ing out of the State of Maine. So there any we have seen certainly in my life- kind of proposal that went through will be no coverage under managed time here in the Congress. We see them here a few weeks ago on a three-vote care plans in Maine for seniors who in a variety of different proposals. margin, not even close to a bipartisan need prescription drug coverage. A year ago, the Republican majority approach, that basically said, what we What that means for my State is came to us with a suggestion for a tax need to do for our seniors for prescrip- probably about 50 percent of all the cut that was $800 billion. Now they tion drugs is turn them over to HMOs seniors in Maine have absolutely no have carved it up into pieces, but the and insurance companies; and if we coverage at all for their prescription

VerDate 11-MAY-2000 05:00 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.097 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6101 drugs. And many of the people that I are weighted to wealthier people in companies would not sell them. But know are supposed to take $200, $300, this country. even if they did, what we would essen- $400, $600, $1,000 a month in prescrip- There is a real choice, a real debate tially be doing is privatizing Medicare. tion medications. They cannot begin to going on in this House right now, and We would set the stage to go back to do that. it seems to me that what we are trying that old Republican ideology that says What we have in this country now is to do on the Democratic side is live up that we should not have any kind of a rationing system that rations pre- to a wide range of responsibilities. We government health program for the scription drugs by wealth, by how are trying to figure out what is best for seniors. So who is to say they would wealthy we are. What kind of system is all of us, all Americans, all the people not next say, okay, let us privatize the that? It is not fair, it is not right, it is in this country together. We are not doctor bills. Instead of having a part B, completely antithetical to what we saying, as the other side is, me, me, seniors can go out and buy insurance should have in terms of health care for me. Give me money. We are saying we. coverage for that. Or let us privatize our seniors in this country. We are saying we have got to hang to- hospital care, so go out and buy insur- People can stand up here and talk gether. And when we have our parents ance for that. about the need to eliminate what they and grandparents unable to buy, unable It is a very dangerous precedent. I call the death tax. I am not talking to take medication that their doctors just think that they have a problem about relief, because I think we need tell them they have to take, we ought with the Medicare program. relief for our small businesses. I think to do something about it. And we ought Mr. ALLEN. If the gentleman will yield once again. I find talking to peo- we need relief for family farmers. I to do it this year, now, before we go ple in Maine, where we have had a think the rate should come down, and home. I think the exemption should go up. I thank the gentleman very much for number of changes, and I hear about Reform is one thing, but repeal is an- all he is doing on this topic. I still this from other colleagues here in the House as well, by and large, there are a other. What repeal does is put Bill hope, I still hope that as we get closer lot of mergers going on in the health Gates and Steve Forbes and the mega- to November that we will have some of care insurance industry. Lots of merg- billionaires in this country ahead of our colleagues on the Republican side ers. We are getting now to about five people who today cannot afford their come forward with a plan, and not a major companies plus the Blue Cross prescription drugs, cannot afford the plan that is a showpiece, not a plan plans, and that is about all there is in medication that keeps them out of the that is just there to basically look like terms of companies that really rep- hospital, that extends their lives, that something has been done even if it is resent more than 4 or 5 million people improves their lives. They cannot do it. not understood, but a plan that will We are stuck in this Congress. We are in this country. But what happens mean something to millions of Amer- every time there is a change, and this stuck because the majority simply can- ican seniors who today simply cannot not abide strengthening Medicare. The happened with my parents and other take the medication they should, can- people I know, it throws the seniors majority simply cannot abide having not eat well, cannot pay the rent, can- into a position of trying to figure out Medicare benefits receive the same not do all those things that they ex- what to do next. kind of discounts and benefits that the pected to do in their retirement years. If they have to change their health people who are lucky enough to have So I thank the gentleman very much. care plan, the first question that comes private health insurance through Mr. PALLONE. I want to thank my up is, well, will a new health care plan Aetna or Cigna get. And there are lots colleague from Maine. The gentleman allow me to see the doctor I am seeing of complaints about health care in this mentioned a number of things that I now. Sometimes yes, sometimes no. It country. Individuals working for a wanted to comment on. The tragedy is, is that kind of change, where the bene- company that provides a quality health of course, that what we really want to fits change and the premiums change care plan, they get their prescription do is get something done around here. and the way claims are handled drugs covered. But seniors, 12 percent That is what the gentleman has said changes that just really frustrate and of the population, buy a third of all and that is what the Democrats have upset so many seniors. prescription drugs, and somewhere be- been saying. Not to mention, not to mention the tween 40 and 60 percent have either no I do not know if the gentleman was small business people and the self-em- coverage at all or very inadequate cov- here earlier when our colleague from ployed in this country who are now erage. Colorado delivered his special order be- buying catastrophic coverage only be- We need to act. We need to act this fore me; but I think, as my colleague cause they cannot afford the cost of year. There is no reason why we can- just mentioned, he talked about the health care, of group health insurance, not. The Democratic plan was a com- marriage penalty and the estate tax, or sometimes individual insurance, prehensive plan that would have pro- and I do not think the President could which is now vanishing from Maine as vided a benefit, would have provided a be more plain when a couple of weeks well. But what I am really troubled by discount, would have worked, did not ago he said, look, I will take a version is costs are going up everywhere. And rely on insurance companies saying of the marriage tax penalty repeal, and it is one thing for people who are em- they would not do anything. That plan I want to eliminate the estate tax for ployed to cope with those changes, but should have come to this floor and been most of the people that are now paying it is another for seniors to try to cope debated, the way substitutes to Repub- it, so give me that with the prescrip- with the constant changes with lican legislation normally is, but the tion drug plan under Medicare, that changes in plans, with being pushed off Republican majority would not allow a the gentleman and I have been talking one insurance plan into another plan, if full debate and vote on that particular about; and I will sign it as one big they can find it, for supplemental cov- issue. I think that is the scandal. That package, which accomplishes all these erage, I mean, and it is just too much. is the real scandal. goals in one fell swoop. But the Repub- It is too much. We have a responsibility here to take licans will not do it. Medicare works. Its administrative the most serious problems in this coun- The only reason I can think that costs are 3 percent. Turn to the private try and deal with them. We ought to be they will not do it goes back to what insurance market, and we are talking thinking about the country as a whole, the gentleman said before, which is, for administrative costs of roughly 30 per- what will strengthen this country; some reason, ideologically they just do cent. Medicare is efficient. Now, one of what will be the best for our citizens; not like Medicare. When Medicare was the strengths of Medicare is its sta- and deal with our responsibilities: to started by Lyndon Johnson in the bility and predictability and equity, improve Social Security, to strengthen 1960s, with a Democratic Congress, and one of its weaknesses is it has not Medicare, to provide a prescription most of the Republicans voted against changed very often, and there are all drug benefit, to invest in education, it because they said it was govern- sorts of problems with it. I do not dis- and, sure, to have some targeted tax ment-controlled or socialism. agree with that. But it is there. It does cuts and to pay down the debt. Do not Obviously, this idea of prescription not cover only those people in urban squander this moment of prosperity drug-only insurance policies is not areas. It covers every senior in this simply on tax cuts, which inevitably going to work, because the insurance country who signs up.

VerDate 11-MAY-2000 05:00 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.099 pfrm02 PsN: H17PT1 H6102 CONGRESSIONAL RECORD — HOUSE July 17, 2000 Basically, it provides the equity. It they are more likely to offer it because Navy on active duty (except members of the Re- can be strengthened; it can work. We we are going to be paying anywhere serve provided for elsewhere), midshipmen, and simply need to make it work before we from 50 percent to two-thirds of the aviation cadets; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 go home. cost. So to argue that somehow we are U.S.C. 402 note), to section 229(b) of the Social Mr. PALLONE. One of the things I not providing choice, we are providing Security Act (42 U.S.C. 429(b)), and to the De- was looking at in that article that choices, lots of choices, in addition to partment of Defense Military Retirement Fund, talks about the Nevada experience that the fact that they can just stay in their $17,772,297,000. I quoted before, it is interesting, I just regular Medicare and get the prescrip- MILITARY PERSONNEL, MARINE CORPS noticed that Nevada is the only State tion drug plan. For pay, allowances, individual clothing, sub- that has gone this route of trying to So I am more and more convinced sistence, interest on deposits, gratuities, perma- get to buy private insurance. It men- every day that the Republicans are just nent change of station travel (including all ex- tioned there are 14 States, including talking, going back to that original penses thereof for organizational movements), my own State of New Jersey that have pollster memo. They are not really se- and expenses of temporary duty travel between programs to help older people obtain permanent duty stations, for members of the rious; they are just talking about it. Marine Corps on active duty (except members of prescription medicines, but in every And that is basically it. the Reserve provided for elsewhere); and for one of those cases the State is the in- I wanted to thank the gentleman for payments pursuant to section 156 of Public Law surer. The State is running the pro- joining me. This is certainly not the 97–377, as amended (42 U.S.C. 402 note), to sec- gram. Just like Medicare, essentially. last our colleagues will hear from us. tion 229(b) of the Social Security Act (42 U.S.C. Obviously, Nevada’s proposal does not We tried last week to put our prescrip- 429(b)), and to the Department of Defense Mili- work, so why would we want to emu- tion description drug plan on the mar- tary Retirement Fund, $6,833,100,000. late that when the other 14 States are riage penalty, and we are going to try MILITARY PERSONNEL, AIR FORCE doing the opposite? every maneuver we can to get it up For pay, allowances, individual clothing, sub- The other thing the gentleman point- here and voted on before this session is sistence, interest on deposits, gratuities, perma- ed out, which I think is real important, nent change of station travel (including all ex- completed. penses thereof for organizational movements), is we actually have some statistics f and expenses of temporary duty travel between about the HMOs that are quitting CONFERENCE REPORT ON H.R. 4576 permanent duty stations, for members of the Air Medicare. And, of course, we make the Force on active duty (except members of reserve same argument as Democrats. Right Mr. LEWIS of California submitted components provided for elsewhere), cadets, and now, the HMOs, which is a form of pri- the following conference report and aviation cadets; and for payments pursuant to vate insurance that a lot of seniors statement on the bill (H.R. 4576) mak- section 156 of Public Law 97–377, as amended (42 have relied on to get their prescription ing appropriations for the Department U.S.C. 402 note), to section 229(b) of the Social drug coverage, they are pulling out all of Defense for the fiscal year ending Security Act (42 U.S.C. 429(b)), and to the De- partment of Defense Military Retirement Fund, over the place. This study that came September 30, 2001, and for other pur- $18,174,284,000. out, I guess within the last couple of poses: RESERVE PERSONNEL, ARMY weeks, said that in the last 2 years, CONFERENCE REPORT (H. REPT. 106–754) For pay, allowances, clothing, subsistence, HMOs have pulled out of more than 400 gratuities, travel, and related expenses for per- counties and at least 33 States, directly The committee of conference on the disagreeing votes of the two Houses on the sonnel of the Army Reserve on active duty affecting 734,000 Medicare beneficiaries. amendment of the Senate to the bill (H.R. under sections 10211, 10302, and 3038 of title 10, And they say that as of July 1, or I 4576) ‘‘making appropriations for the Depart- United States Code, or while serving on active guess it is July 3, which was the dead- ment of Defense for the fiscal year ending duty under section 12301(d) of title 10, United line when they had to notify if they September 30, 2001, and for other purposes’’, States Code, in connection with performing duty wanted to get out by January 1 of 2001, having met, after full and free conference, specified in section 12310(a) of title 10, United we have Cigna, which I think the gen- have agreed to recommend and do rec- States Code, or while undergoing reserve training, or while performing drills or equivalent tleman mentioned, Cigna Corporation ommend to their respective Houses as follows: duty or other duty, and for members of the Re- is ending coverage for 104,000 Medicare serve Officers’ Training Corps, and expenses au- beneficiaries, including those in my That the House recede from its disagree- ment to the amendment of the Senate, and thorized by section 16131 of title 10, United State. They are dropping 4,800 in north- agree to the same with an amendment, as States Code; and for payments to the Depart- ern New Jersey alone, not just the follows: ment of Defense Military Retirement Fund, whole State. And Aetna, with 676,000 In lieu of the matter stricken and inserted $2,473,001,000. Medicare beneficiaries, said it would by said amendment, insert: RESERVE PERSONNEL, NAVY pull out of some markets also. And we That the following sums are appropriated, out For pay, allowances, clothing, subsistence, have to, I guess, get more information of any money in the Treasury not otherwise ap- gratuities, travel, and related expenses for per- about that. So we are getting hundreds propriated, for the fiscal year ending September sonnel of the Navy Reserve on active duty under 30, 2001, for military functions administered by of thousands of seniors that were rely- section 10211 of title 10, United States Code, or the Department of Defense, and for other pur- while serving on active duty under section ing on HMOs to provide their drug cov- poses, namely: 12301(d) of title 10, United States Code, in con- erage that are now canceling. TITLE I nection with performing duty specified in sec- One of the things I hear from the Re- MILITARY PERSONNEL tion 12310(a) of title 10, United States Code, or publicans is, they say, well, we want to while undergoing reserve training, or while per- give seniors choice. That is what we MILITARY PERSONNEL, ARMY forming drills or equivalent duty, and for mem- want to let them go out and buy pri- For pay, allowances, individual clothing, sub- bers of the Reserve Officers’ Training Corps, vate insurance because they will have sistence, interest on deposits, gratuities, perma- and expenses authorized by section 16131 of title nent change of station travel (including all ex- 10, United States Code; and for payments to the choice. But even for seniors who are in penses thereof for organizational movements), HMOs now, or who have employer plans Department of Defense Military Retirement and expenses of temporary duty travel between Fund, $1,576,174,000. that they are getting it through after permanent duty stations, for members of the RESERVE PERSONNEL, MARINE CORPS they retire, we provide under other Army on active duty (except members of reserve For pay, allowances, clothing, subsistence, components provided for elsewhere), cadets, and Democratic proposal for the majority gratuities, travel, and related expenses for per- aviation cadets; and for payments pursuant to of the prescription drug costs for those sonnel of the Marine Corps Reserve on active section 156 of Public Law 97–377, as amended (42 plans. It is anything from like 51 per- duty under section 10211 of title 10, United U.S.C. 402 note), to section 229(b) of the Social cent to 70 percent, depending, that we States Code, or while serving on active duty Security Act (42 U.S.C. 429(b)), and to the De- under section 12301(d) of title 10, United States are going to be paying for by the Fed- partment of Defense Military Retirement Fund, Code, in connection with performing duty speci- eral Government under our proposal. $22,175,357,000. So I would argue they will have more fied in section 12310(a) of title 10, United States MILITARY PERSONNEL, NAVY choice. Because the bottom line is they Code, or while undergoing reserve training, or will have no choice with the Repub- For pay, allowances, individual clothing, sub- while performing drills or equivalent duty, and sistence, interest on deposits, gratuities, perma- for members of the Marine Corps platoon leaders lican plan, because no insurance com- nent change of station travel (including all ex- class, and expenses authorized by section 16131 pany will provide it. With us, if they penses thereof for organizational movements), of title 10, United States Code; and for payments want to stay in their HMO or if they and expenses of temporary duty travel between to the Department of Defense Military Retire- want to stay in their employer plan, permanent duty stations, for members of the ment Fund, $448,886,000.

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RESERVE PERSONNEL, AIR FORCE made on his certificate of necessity for confiden- plies, and equipment; and communications, For pay, allowances, clothing, subsistence, tial military purposes, $23,419,360,000 and, in $145,959,000. gratuities, travel, and related expenses for per- addition, $50,000,000 shall be derived by transfer OPERATION AND MAINTENANCE, AIR FORCE sonnel of the Air Force Reserve on active duty from the National Defense Stockpile Trans- RESERVE under sections 10211, 10305, and 8038 of title 10, action Fund. For expenses, not otherwise provided for, nec- United States Code, or while serving on active OPERATION AND MAINTENANCE, MARINE CORPS essary for the operation and maintenance, in- duty under section 12301(d) of title 10, United For expenses, not otherwise provided for, nec- cluding training, organization, and administra- States Code, in connection with performing duty essary for the operation and maintenance of the tion, of the Air Force Reserve; repair of facilities specified in section 12310(a) of title 10, United Marine Corps, as authorized by law, and equipment; hire of passenger motor vehicles; States Code, or while undergoing reserve train- $2,778,758,000. travel and transportation; care of the dead; re- ing, or while performing drills or equivalent cruiting; procurement of services, supplies, and OPERATION AND MAINTENANCE, AIR FORCE duty or other duty, and for members of the Air equipment; and communications, $1,903,659,000. Reserve Officers’ Training Corps, and expenses (INCLUDING TRANSFER OF FUNDS) OPERATION AND MAINTENANCE, ARMY NATIONAL authorized by section 16131 of title 10, United For expenses, not otherwise provided for, nec- GUARD States Code; and for payments to the Depart- essary for the operation and maintenance of the For expenses of training, organizing, and ad- ment of Defense Military Retirement Fund, Air Force, as authorized by law; and not to ex- ministering the Army National Guard, including $971,024,000. ceed $7,878,000 can be used for emergencies and medical and hospital treatment and related ex- NATIONAL GUARD PERSONNEL, ARMY extraordinary expenses, to be expended on the penses in non-Federal hospitals; maintenance, For pay, allowances, clothing, subsistence, approval or authority of the Secretary of the Air operation, and repairs to structures and facili- gratuities, travel, and related expenses for per- Force, and payments may be made on his certifi- ties; hire of passenger motor vehicles; personnel sonnel of the Army National Guard while on cate of necessity for confidential military pur- services in the National Guard Bureau; travel duty under section 10211, 10302, or 12402 of title poses, $22,383,521,000 and, in addition, expenses (other than mileage), as authorized by 10 or section 708 of title 32, United States Code, $50,000,000, shall be derived by transfer from the law for Army personnel on active duty, for or while serving on duty under section 12301(d) National Defense Stockpile Transaction Fund: Army National Guard division, regimental, and of title 10 or section 502(f) of title 32, United Provided, That notwithstanding any other pro- battalion commanders while inspecting units in States Code, in connection with performing duty vision of law, that of the funds available under compliance with National Guard Bureau regula- specified in section 12310(a) of title 10, United this heading, $500,000 shall only be available to tions when specifically authorized by the Chief, States Code, or while undergoing training, or the Secretary of the Air Force for a grant to National Guard Bureau; supplying and equip- while performing drills or equivalent duty or Florida Memorial College for the purpose of ping the Army National Guard as authorized by other duty, and expenses authorized by section funding minority aviation training. law; and expenses of repair, modification, main- 16131 of title 10, United States Code; and for OPERATION AND MAINTENANCE, DEFENSE-WIDE tenance, and issue of supplies and equipment payments to the Department of Defense Military (INCLUDING TRANSFER OF FUNDS) (including aircraft), $3,333,835,000. Retirement Fund, $3,782,536,000. For expenses, not otherwise provided for, nec- OPERATION AND MAINTENANCE, AIR NATIONAL NATIONAL GUARD PERSONNEL, AIR FORCE essary for the operation and maintenance of ac- GUARD For pay, allowances, clothing, subsistence, tivities and agencies of the Department of De- For operation and maintenance of the Air Na- gratuities, travel, and related expenses for per- fense (other than the military departments), as tional Guard, including medical and hospital sonnel of the Air National Guard on duty under authorized by law, $11,844,480,000, of which not treatment and related expenses in non-Federal section 10211, 10305, or 12402 of title 10 or section to exceed $25,000,000 may be available for the hospitals; maintenance, operation, repair, and 708 of title 32, United States Code, or while serv- CINC initiative fund account; and of which not other necessary expenses of facilities for the ing on duty under section 12301(d) of title 10 or to exceed $30,000,000 can be used for emergencies training and administration of the Air National section 502(f) of title 32, United States Code, in and extraordinary expenses, to be expended on Guard, including repair of facilities, mainte- connection with performing duty specified in the approval or authority of the Secretary of nance, operation, and modification of aircraft; section 12310(a) of title 10, United States Code, Defense, and payments may be made on his cer- transportation of things, hire of passenger or while undergoing training, or while per- tificate of necessity for confidential military motor vehicles; supplies, materials, and equip- forming drills or equivalent duty or other duty, purposes: Provided, That of the amount pro- ment, as authorized by law for the Air National and expenses authorized by section 16131 of title vided under this heading, $5,000,000, to remain Guard; and expenses incident to the mainte- 10, United States Code; and for payments to the available until expended, is available only for nance and use of supplies, materials, and equip- Department of Defense Military Retirement expenses relating to certain classified activities, ment, including such as may be furnished from Fund, $1,641,081,000. and may be transferred as necessary by the Sec- stocks under the control of agencies of the De- partment of Defense; travel expenses (other than TITLE II retary of Defense to operation and maintenance, procurement, and research, development, test mileage) on the same basis as authorized by law OPERATION AND MAINTENANCE and evaluation appropriations accounts, to be for Air National Guard personnel on active Fed- OPERATION AND MAINTENANCE, ARMY merged with and to be available for the same eral duty, for Air National Guard commanders (INCLUDING TRANSFER OF FUNDS) time period as the appropriations to which while inspecting units in compliance with Na- For expenses, not otherwise provided for, nec- transferred: Provided further, That the transfer tional Guard Bureau regulations when specifi- essary for the operation and maintenance of the authority provided under this heading is in ad- cally authorized by the Chief, National Guard Army, as authorized by law; and not to exceed dition to any other transfer authority provided Bureau, $3,474,375,000. $10,616,000 can be used for emergencies and ex- in this Act. OVERSEAS CONTINGENCY OPERATIONS TRANSFER traordinary expenses, to be expended on the ap- OPERATION AND MAINTENANCE, ARMY RESERVE FUND proval or authority of the Secretary of the For expenses, not otherwise provided for, nec- (INCLUDING TRANSFER OF FUNDS) Army, and payments may be made on his certifi- essary for the operation and maintenance, in- For expenses directly relating to Overseas cate of necessity for confidential military pur- cluding training, organization, and administra- Contingency Operations by United States mili- poses, $19,144,431,000 and, in addition, tion, of the Army Reserve; repair of facilities tary forces, $3,938,777,000, to remain available $50,000,000 shall be derived by transfer from the and equipment; hire of passenger motor vehicles; until expended: Provided, That the Secretary of National Defense Stockpile Transaction Fund: travel and transportation; care of the dead; re- Defense may transfer these funds only to mili- Provided, That of the funds made available cruiting; procurement of services, supplies, and tary personnel accounts; operation and mainte- under this heading, $5,000,000, to remain avail- equipment; and communications, $1,562,118,000. nance accounts within this title; the Defense able until expended, shall be transferred to ‘‘Na- Health Program appropriation; procurement ac- OPERATION AND MAINTENANCE, NAVY RESERVE tional Park Service—Construction’’ within 30 counts; research, development, test and evalua- days of enactment of this Act, only for nec- For expenses, not otherwise provided for, nection accounts; and to working capital funds: essary infrastructure repair improvements at essary for the operation and maintenance, in- Provided further, That the funds transferred Fort Baker, under the management of the Gold- cluding training, organization, and administra- shall be merged with and shall be available for en Gate Recreation Area: Provided further, tion, of the Navy Reserve; repair of facilities the same purposes and for the same time period, That of the funds appropriated in this para- and equipment; hire of passenger motor vehicles; as the appropriation to which transferred: Pro- graph, not less than $355,000,000 shall be made travel and transportation; care of the dead; re- vided further, That upon a determination that available only for conventional ammunition cruiting; procurement of services, supplies, and all or part of the funds transferred from this ap- care and maintenance. equipment; and communications, $978,946,000. propriation are not necessary for the purposes OPERATION AND MAINTENANCE, NAVY OPERATION AND MAINTENANCE, MARINE CORPS provided herein, such amounts may be trans- (INCLUDING TRANSFER OF FUNDS) RESERVE ferred back to this appropriation: Provided fur- For expenses, not otherwise provided for, nec- For expenses, not otherwise provided for, nec- ther, That the transfer authority provided in essary for the operation and maintenance of the essary for the operation and maintenance, in- this paragraph is in addition to any other trans- Navy and the Marine Corps, as authorized by cluding training, organization, and administra- fer authority contained elsewhere in this Act. law; and not to exceed $5,146,000 can be used for tion, of the Marine Corps Reserve; repair of fa- UNITED STATES COURT OF APPEALS FOR THE emergencies and extraordinary expenses, to be cilities and equipment; hire of passenger motor ARMED FORCES expended on the approval or authority of the vehicles; travel and transportation; care of the For salaries and expenses necessary for the Secretary of the Navy, and payments may be dead; recruiting; procurement of services, sup- United States Court of Appeals for the Armed

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Forces, $8,574,000, of which not to exceed $2,500 ENVIRONMENTAL RESTORATION, FORMERLY USED TITLE III can be used for official representation purposes. DEFENSE SITES PROCUREMENT ENVIRONMENTAL RESTORATION, ARMY (INCLUDING TRANSFER OF FUNDS) AIRCRAFT PROCUREMENT, ARMY For the Department of the Army, $231,499,000, (INCLUDING TRANSFER OF FUNDS) For construction, procurement, production, to remain available until transferred: Provided, modification, and modernization of aircraft, For the Department of the Army, $389,932,000, That the Secretary of the Army shall, upon de- equipment, including ordnance, ground han- to remain available until transferred: Provided, termining that such funds are required for envi- dling equipment, spare parts, and accessories That the Secretary of the Army shall, upon de- ronmental restoration, reduction and recycling therefor; specialized equipment and training determining that such funds are required for envi- of hazardous waste, removal of unsafe buildings vices; expansion of public and private plants, ronmental restoration, reduction and recycling and debris at sites formerly used by the Depart- including the land necessary therefor, for the of hazardous waste, removal of unsafe buildings ment of Defense, transfer the funds made avail- foregoing purposes, and such lands and inter- and debris of the Department of the Army, or able by this appropriation to other appropria- ests therein, may be acquired, and construction for similar purposes, transfer the funds made tions made available to the Department of the prosecuted thereon prior to approval of title; available by this appropriation to other appro- Army, to be merged with and to be available for and procurement and installation of equipment, priations made available to the Department of the same purposes and for the same time period appliances, and machine tools in public and pri- the Army, to be merged with and to be available as the appropriations to which transferred: Pro- vate plants; reserve plant and Government and for the same purposes and for the same time pe- vided further, That upon a determination that contractor-owned equipment layaway; and riod as the appropriations to which transferred: all or part of the funds transferred from this ap- other expenses necessary for the foregoing pur- Provided further, That upon a determination propriation are not necessary for the purposes poses, $1,571,812,000, to remain available for ob- that all or part of the funds transferred from provided herein, such amounts may be trans- ligation until September 30, 2003: Provided, That this appropriation are not necessary for the pur- ferred back to this appropriation. of the $189,601,000 appropriated under this poses provided herein, such amounts may be OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC heading for the procurement of UH–60 heli- transferred back to this appropriation. AID copters, $78,520,000 shall be available only for the procurement of eight such aircraft to be pro- ENVIRONMENTAL RESTORATION, NAVY For expenses relating to the Overseas Human- vided to the Army Reserve. (INCLUDING TRANSFER OF FUNDS) itarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the pro- MISSILE PROCUREMENT, ARMY For the Department of the Navy, $294,038,000, grams provided under sections 401, 402, 404, For construction, procurement, production, to remain available until transferred: Provided, 2547, and 2551 of title 10, United States Code), modification, and modernization of missiles, That the Secretary of the Navy shall, upon de- $55,900,000, to remain available until September equipment, including ordnance, ground han- termining that such funds are required for envi- 30, 2002. dling equipment, spare parts, and accessories ronmental restoration, reduction and recycling therefor; specialized equipment and training de- FORMER SOVIET UNION THREAT REDUCTION of hazardous waste, removal of unsafe buildings vices; expansion of public and private plants, and debris of the Department of the Navy, or for For assistance to the republics of the former including the land necessary therefor, for the similar purposes, transfer the funds made avail- Soviet Union, including assistance provided by foregoing purposes, and such lands and inter- able by this appropriation to other appropria- contract or by grants, for facilitating the elimi- ests therein, may be acquired, and construction tions made available to the Department of the nation and the safe and secure transportation prosecuted thereon prior to approval of title; Navy, to be merged with and to be available for and storage of nuclear, chemical and other and procurement and installation of equipment, the same purposes and for the same time period weapons; for establishing programs to prevent appliances, and machine tools in public and pri- as the appropriations to which transferred: Pro- the proliferation of weapons, weapons compo- vate plants; reserve plant and Government and vided further, That upon a determination that nents, and weapon-related technology and ex- contractor-owned equipment layaway; and all or part of the funds transferred from this ap- pertise; for programs relating to the training other expenses necessary for the foregoing pur- propriation are not necessary for the purposes and support of defense and military personnel poses, $1,320,681,000, to remain available for ob- provided herein, such amounts may be trans- for demilitarization and protection of weapons, ligation until September 30, 2003. weapons components and weapons technology ferred back to this appropriation. PROCUREMENT OF WEAPONS AND TRACKED and expertise, $443,400,000, to remain available ENVIRONMENTAL RESTORATION, AIR FORCE COMBAT VEHICLES, ARMY until September 30, 2003: Provided, That of the (INCLUDING TRANSFER OF FUNDS) amounts provided under this heading, For construction, procurement, production, and modification of weapons and tracked com- For the Department of the Air Force, $25,000,000 shall be available only to support the bat vehicles, equipment, including ordnance, $376,300,000, to remain available until trans- dismantling and disposal of nuclear submarines spare parts, and accessories therefor; specialized ferred: Provided, That the Secretary of the Air and submarine reactor components in the Rus- equipment and training devices; expansion of Force shall, upon determining that such funds sian Far East. public and private plants, including the land are required for environmental restoration, re- QUALITY OF LIFE ENHANCEMENTS, DEFENSE necessary therefor, for the foregoing purposes, duction and recycling of hazardous waste, re- For expenses, not otherwise provided for, re- and such lands and interests therein, may be ac- moval of unsafe buildings and debris of the De- sulting from unfunded shortfalls in the repair quired, and construction prosecuted thereon partment of the Air Force, or for similar pur- and maintenance of real property of the Depart- prior to approval of title; and procurement and poses, transfer the funds made available by this ment of Defense (including military housing and installation of equipment, appliances, and ma- appropriation to other appropriations made barracks), $160,500,000, for the maintenance of chine tools in public and private plants; reserve available to the Department of the Air Force, to real property of the Department of Defense (in- plant and Government and contractor-owned be merged with and to be available for the same cluding minor construction and major mainte- equipment layaway; and other expenses nec- purposes and for the same time period as the ap- nance and repair), which shall remain available essary for the foregoing purposes, $2,472,524,000, propriations to which transferred: Provided fur- for obligation until September 30, 2002, as fol- to remain available for obligation until Sep- ther, That upon a determination that all or part lows: tember 30, 2003. of the funds transferred from this appropriation Army, $100,000,000; PROCUREMENT OF AMMUNITION, ARMY are not necessary for the purposes provided Navy, $20,000,000; herein, such amounts may be transferred back Marine Corps, $10,000,000; For construction, procurement, production, to this appropriation. Air Force, $20,000,000; and and modification of ammunition, and accessories therefor; specialized equipment and train- ENVIRONMENTAL RESTORATION, DEFENSE-WIDE Defense-Wide, $10,500,000: Provided, That notwithstanding any other pro- ing devices; expansion of public and private (INCLUDING TRANSFER OF FUNDS) vision of law, of the funds appropriated under plants, including ammunition facilities author- For the Department of Defense, $21,412,000, to this heading for Defense-Wide activities, the en- ized by section 2854 of title 10, United States remain available until transferred: Provided, tire amount shall only be available for grants by Code, and the land necessary therefor, for the That the Secretary of Defense shall, upon deter- the Secretary of Defense to local educational foregoing purposes, and such lands and inter- mining that such funds are required for envi- authorities which maintain primary and sec- ests therein, may be acquired, and construction ronmental restoration, reduction and recycling ondary educational facilities located within De- prosecuted thereon prior to approval of title; of hazardous waste, removal of unsafe buildings partment of Defense installations, and which and procurement and installation of equipment, and debris of the Department of Defense, or for are used primarily by Department of Defense appliances, and machine tools in public and pri- similar purposes, transfer the funds made avail- military and civilian dependents, for facility re- vate plants; reserve plant and Government and able by this appropriation to other appropria- pairs and improvements to such educational fa- contractor-owned equipment layaway; and tions made available to the Department of De- cilities: Provided further, That such grants to other expenses necessary for the foregoing pur- fense, to be merged with and to be available for local educational authorities may be made for poses, $1,220,516,000, to remain available for ob- the same purposes and for the same time period repairs and improvements to such educational ligation until September 30, 2003. as the appropriations to which transferred: Pro- facilities as required to meet classroom size re- OTHER PROCUREMENT, ARMY vided further, That upon a determination that quirements: Provided further, That the cumu- For construction, procurement, production, all or part of the funds transferred from this ap- lative amount of any grant or grants to any sin- and modification of vehicles, including tactical, propriation are not necessary for the purposes gle local education authority provided pursuant support, and non-tracked combat vehicles; the provided herein, such amounts may be trans- to the provisions under this heading shall not purchase of not to exceed 35 passenger motor ve- ferred back to this appropriation. exceed $1,500,000. hicles for replacement only; and the purchase of

VerDate 11-MAY-2000 05:00 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 6333 E:\CR\FM\A17JY7.055 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6105 12 vehicles required for physical security of per- NSSN, $1,198,012,000; equipment; expansion of public and private sonnel, notwithstanding price limitations appli- NSSN (AP), $508,222,000; plants, Government-owned equipment and in- cable to passenger vehicles but not to exceed CVN Refuelings, $698,441,000; stallation thereof in such plants, erection of $200,000 per vehicle; communications and elec- CVN Refuelings (AP), $25,000,000; structures, and acquisition of land, for the fore- tronic equipment; other support equipment; Submarine Refuelings, $210,414,000; going purposes, and such lands and interests spare parts, ordnance, and accessories therefor; Submarine Refuelings (AP), $72,277,000; therein, may be acquired, and construction specialized equipment and training devices; ex- DDG–51 destroyer program, $2,703,559,000; prosecuted thereon prior to approval of title; re- pansion of public and private plants, including DDG–51 destroyer program (AP), $456,843,000; serve plant and Government and contractor- the land necessary therefor, for the foregoing LPD–17 (AP), $560,700,000; owned equipment layaway; and other expenses purposes, and such lands and interests therein, LHD–8, $460,000,000; necessary for the foregoing purposes including may be acquired, and construction prosecuted ADC(X), $338,951,000; rents and transportation of things, thereon prior to approval of title; and procure- LCAC landing craft air cushion program, $7,583,345,000, to remain available for obligation ment and installation of equipment, appliances, $15,615,000; and until September 30, 2003. For craft, outfitting, post delivery, conver- and machine tools in public and private plants; MISSILE PROCUREMENT, AIR FORCE reserve plant and Government and contractor- sions, and first destination transformation For construction, procurement, and modifica- owned equipment layaway; and other expenses transportation, $291,077,000; tion of missiles, spacecraft, rockets, and related necessary for the foregoing purposes, In all: $11,614,633,000, to remain available for equipment, including spare parts and acces- $4,497,009,000, to remain available for obligation obligation until September 30, 2005: Provided, sories therefor, ground handling equipment, and until September 30, 2003. That additional obligations may be incurred training devices; expansion of public and pri- AIRCRAFT PROCUREMENT, NAVY after September 30, 2005, for engineering serv- vate plants, Government-owned equipment and For construction, procurement, production, ices, tests, evaluations, and other such budgeted installation thereof in such plants, erection of modification, and modernization of aircraft, work that must be performed in the final stage structures, and acquisition of land, for the fore- equipment, including ordnance, spare parts, of ship construction: Provided further, That going purposes, and such lands and interests and accessories therefor; specialized equipment; none of the funds provided under this heading therein, may be acquired, and construction expansion of public and private plants, includ- for the construction or conversion of any naval prosecuted thereon prior to approval of title; re- ing the land necessary therefor, and such lands vessel to be constructed in shipyards in the serve plant and Government and contractor- and interests therein, may be acquired, and con- United States shall be expended in foreign fa- owned equipment layaway; and other expenses struction prosecuted thereon prior to approval cilities for the construction of major components necessary for the foregoing purposes including of title; and procurement and installation of of such vessel: Provided further, That none of rents and transportation of things, equipment, appliances, and machine tools in the funds provided under this heading shall be $2,863,778,000, to remain available for obligation public and private plants; reserve plant and used for the construction of any naval vessel in until September 30, 2003. Government and contractor-owned equipment foreign shipyards: Provided further, That the PROCUREMENT OF AMMUNITION, AIR FORCE layaway, $8,477,138,000, to remain available for Secretary of the Navy is hereby granted the au- obligation until September 30, 2003. thority to enter into a contract for an LHD–1 For construction, procurement, production, and modification of ammunition, and acces- WEAPONS PROCUREMENT, NAVY Amphibious Assault Ship which shall be funded sories therefor; specialized equipment and train- For construction, procurement, production, on an incremental basis: Provided further, That the amount made available for the LPD–17 pro- ing devices; expansion of public and private modification, and modernization of missiles, tor- plants, including ammunition facilities author- pedoes, other weapons, and related support gram may be obligated for expenditure for the procurement of contractor furnished and gov- ized by section 2854 of title 10, United States equipment including spare parts, and acces- Code, and the land necessary therefor, for the sories therefor; expansion of public and private ernment furnished material and equipment, and foregoing purposes, and such lands and inter- plants, including the land necessary therefor, necessary advance construction activities. ests therein, may be acquired, and construction and such lands and interests therein, may be ac- OTHER PROCUREMENT, NAVY prosecuted thereon prior to approval of title; quired, and construction prosecuted thereon For procurement, production, and moderniza- and procurement and installation of equipment, prior to approval of title; and procurement and tion of support equipment and materials not appliances, and machine tools in public and pri- installation of equipment, appliances, and ma- otherwise provided for, Navy ordnance (except vate plants; reserve plant and Government and chine tools in public and private plants; reserve ordnance for new aircraft, new ships, and ships contractor-owned equipment layaway; and plant and Government and contractor-owned authorized for conversion); the purchase of not other expenses necessary for the foregoing pur- equipment layaway, $1,461,600,000, to remain to exceed 63 passenger motor vehicles for re- poses, $647,808,000, to remain available for obli- available for obligation until September 30, 2003. placement only, and the purchase of one vehicle gation until September 30, 2003. PROCUREMENT OF AMMUNITION, NAVY AND required for physical security of personnel, not- OTHER PROCUREMENT, AIR FORCE MARINE CORPS withstanding price limitations applicable to pas- For construction, procurement, production, senger vehicles but not to exceed $200,000; ex- For procurement and modification of equip- and modification of ammunition, and acces- pansion of public and private plants, including ment (including ground guidance and electronic sories therefor; specialized equipment and train- the land necessary therefor, and such lands and control equipment, and ground electronic and ing devices; expansion of public and private interests therein, may be acquired, and con- communication equipment), and supplies, mate- plants, including ammunition facilities author- struction prosecuted thereon prior to approval rials, and spare parts therefor, not otherwise ized by section 2854 of title 10, United States of title; and procurement and installation of provided for; the purchase of not to exceed 173, Code, and the land necessary therefor, for the equipment, appliances, and machine tools in passenger motor vehicles for replacement only, foregoing purposes, and such lands and inter- public and private plants; reserve plant and and the purchase of one vehicle required for ests therein, may be acquired, and construction Government and contractor-owned equipment physical security of personnel, notwithstanding prosecuted thereon prior to approval of title; layaway, $3,557,380,000, to remain available for price limitations applicable to passenger vehicles and procurement and installation of equipment, obligation until September 30, 2003. but not to exceed $200,000; lease of passenger motor vehicles; and expansion of public and pri- appliances, and machine tools in public and pri- PROCUREMENT, MARINE CORPS vate plants; reserve plant and Government and vate plants, Government-owned equipment and contractor-owned equipment layaway; and For expenses necessary for the procurement, installation thereof in such plants, erection of other expenses necessary for the foregoing pur- manufacture, and modification of missiles, ar- structures, and acquisition of land, for the fore- poses, $498,349,000, to remain available for obli- mament, military equipment, spare parts, and going purposes, and such lands and interests gation until September 30, 2003. accessories therefor; plant equipment, appli- therein, may be acquired, and construction ances, and machine tools, and installation SHIPBUILDING AND CONVERSION, NAVY prosecuted thereon, prior to approval of title; re- thereof in public and private plants; reserve serve plant and Government and contractor- For expenses necessary for the construction, plant and Government and contractor-owned owned equipment layaway, $7,763,747,000, to re- acquisition, or conversion of vessels as author- equipment layaway; vehicles for the Marine main available for obligation until September 30, ized by law, including armor and armament Corps, including the purchase of not to exceed 2003. thereof, plant equipment, appliances, and ma- 33 passenger motor vehicles for replacement PROCUREMENT, DEFENSE-WIDE chine tools and installation thereof in public only; and expansion of public and private For expenses of activities and agencies of the and private plants; reserve plant and Govern- plants, including land necessary therefor, and Department of Defense (other than the military ment and contractor-owned equipment layaway; such lands and interests therein, may be ac- departments) necessary for procurement, pro- procurement of critical, long leadtime compo- quired, and construction prosecuted thereon duction, and modification of equipment, sup- nents and designs for vessels to be constructed prior to approval of title, $1,233,268,000, to re- plies, materials, and spare parts therefor, not or converted in the future; and expansion of main available for obligation until September 30, otherwise provided for; the purchase of not to public and private plants, including land nec- 2003. essary therefor, and such lands and interests exceed 115 passenger motor vehicles for replace- therein, may be acquired, and construction AIRCRAFT PROCUREMENT, AIR FORCE ment only; the purchase of 10 vehicles required prosecuted thereon prior to approval of title, as For construction, procurement, lease, and for physical security of personnel, notwith- follows: modification of aircraft and equipment, includ- standing price limitations applicable to pas- Carrier Replacement Program, $4,053,653,000; ing armor and armament, specialized ground senger vehicles but not to exceed $250,000 per ve- Carrier Replacement Program (AP), handling equipment, and training devices, spare hicle; expansion of public and private plants, $21,869,000; parts, and accessories therefor; specialized equipment, and installation thereof in such

VerDate 11-MAY-2000 05:00 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 6333 E:\CR\FM\A17JY7.058 pfrm02 PsN: H17PT1 H6106 CONGRESSIONAL RECORD — HOUSE July 17, 2000 plants, erection of structures, and acquisition of TITLE V tions in accordance with the provisions of sec- land for the foregoing purposes, and such lands REVOLVING AND MANAGEMENT FUNDS tion 1412 of the Department of Defense Author- and interests therein, may be acquired, and con- ization Act, 1986 (50 U.S.C. 1521), and for the DEFENSE WORKING CAPITAL FUNDS struction prosecuted thereon prior to approval destruction of other chemical warfare materials of title; reserve plant and Government and con- For the Defense Working Capital Funds, that are not in the chemical weapon stockpile, tractor-owned equipment layaway, $916,276,000: Provided, That during fiscal year $980,100,000, of which $600,000,000 shall be for $2,346,258,000, to remain available for obligation 2001, funds in the Defense Working Capital Operation and maintenance to remain available until September 30, 2003. Funds may be used for the purchase of not to until September 30, 2002, $105,700,000 shall be for exceed 330 passenger carrying motor vehicles for DEFENSE PRODUCTION ACT PURCHASES Procurement to remain available until Sep- replacement only for the Defense Security Serv- tember 30, 2003, and $274,400,000 shall be for Re- For activities by the Department of Defense ice. search, development, test and evaluation to re- pursuant to sections 108, 301, 302, and 303 of the NATIONAL DEFENSE SEALIFT FUND main available until September 30, 2002: Pro- Defense Production Act of 1950 (50 U.S.C. App. vided, That of the funds available under this 2078, 2091, 2092, and 2093), $3,000,000 only for For National Defense Sealift Fund programs, heading, $1,000,000 shall be available until ex- microwave power tubes and the wireless vibra- projects, and activities, and for expenses of the pended each year only for a Johnston Atoll off- tion sensor supplier initiative and to remain National Defense Reserve Fleet, as established island leave program: Provided further, That available until expended. by section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), $400,658,000, to re- the Secretaries concerned shall, pursuant to NATIONAL GUARD AND RESERVE EQUIPMENT main available until expended: Provided, That uniform regulations, prescribe travel and trans- For procurement of aircraft, missiles, tracked none of the funds provided in this paragraph portation allowances for travel by participants combat vehicles, ammunition, other weapons, shall be used to award a new contract that pro- in the off-island leave program: Provided fur- and other procurement for the reserve compo- vides for the acquisition of any of the following ther, That the amount available under Oper- nents of the Armed Forces, $100,000,000, to re- major components unless such components are ation and maintenance shall also be available main available for obligation until September 30, manufactured in the United States: auxiliary for the conveyance, without consideration, of 2003: Provided, That the Chiefs of the Reserve equipment, including pumps, for all shipboard the Emergency One Cyclone II Custom Pumper and National Guard components shall, not later services; propulsion system components (that is; truck subject to Army Loan DAAMO1–98–L–0001 than 30 days after the enactment of this Act, in- engines, reduction gears, and propellers); ship- to the Umatilla Indian Tribe, the current lessee. dividually submit to the congressional defense board cranes; and spreaders for shipboard DRUG INTERDICTION AND COUNTER-DRUG committees the modernization priority assess- cranes: Provided further, That the exercise of ACTIVITIES, DEFENSE ment for their respective Reserve or National an option in a contract awarded through the (INCLUDING TRANSFER OF FUNDS) Guard component. obligation of previously appropriated funds For drug interdiction and counter-drug activi- TITLE IV shall not be considered to be the award of a new ties of the Department of Defense, for transfer RESEARCH, DEVELOPMENT, TEST AND contract: Provided further, That the Secretary to appropriations available to the Department of EVALUATION of the military department responsible for such Defense for military personnel of the reserve procurement may waive the restrictions in the components serving under the provisions of title RESEARCH, DEVELOPMENT, TEST AND first proviso on a case-by-case basis by certi- 10 and title 32, United States Code; for Oper- EVALUATION, ARMY fying in writing to the Committees on Appro- ation and maintenance; for Procurement; and For expenses necessary for basic and applied priations of the House of Representatives and for Research, development, test and evaluation, scientific research, development, test and eval- the Senate that adequate domestic supplies are $869,000,000: Provided, That the funds appro- uation, including maintenance, rehabilitation, not available to meet Department of Defense re- priated under this heading shall be available for lease, and operation of facilities and equipment, quirements on a timely basis and that such an obligation for the same time period and for the $6,342,552,000, to remain available for obligation acquisition must be made in order to acquire ca- same purpose as the appropriation to which until September 30, 2002. pability for national security purposes. transferred: Provided further, That the transfer RESEARCH, DEVELOPMENT, TEST AND NATIONAL DEFENSE AIRLIFT FUND authority provided under this heading is in ad- EVALUATION, NAVY (INCLUDING TRANSFER OF FUNDS) dition to any other transfer authority contained For expenses necessary for basic and applied For National Defense Airlift Fund programs, elsewhere in this Act. scientific research, development, test and eval- projects, and activities, $2,840,923,000, to remain OFFICE OF THE INSPECTOR GENERAL uation, including maintenance, rehabilitation, available until expended: Provided, That these For expenses and activities of the Office of the lease, and operation of facilities and equipment, funds shall only be available for transfer to the Inspector General in carrying out the provisions $9,494,374,000, to remain available for obligation appropriate C–17 program P–1 line items of Title of the Inspector General Act of 1978, as amend- until September 30, 2002: Provided, That funds III of this Act for the purposes specified in this ed, $147,545,000, of which $144,245,000 shall be appropriated in this paragraph which are avail- section: Provided further, That the funds trans- for Operation and maintenance, of which not to able for the V–22 may be used to meet unique referred under the authority provided within this exceed $700,000 is available for emergencies and quirements of the Special Operation Forces. section shall be merged with and shall be avail- extraordinary expenses to be expended on the RESEARCH, DEVELOPMENT, TEST AND able for the same purposes, and for the same approval or authority of the Inspector General, EVALUATION, AIR FORCE time period, as the appropriation to which and payments may be made on the Inspector For expenses necessary for basic and applied transferred: Provided further, That the transfer General’s certificate of necessity for confidential scientific research, development, test and eval- authority provided in this section is in addition military purposes; and of which $3,300,000 to re- uation, including maintenance, rehabilitation, to any other transfer authority contained else- main available until September 30, 2003, shall be lease, and operation of facilities and equipment, where in this Act. for Procurement. $14,138,244,000, to remain available for obliga- TITLE VI TITLE VII tion until September 30, 2002. OTHER DEPARTMENT OF DEFENSE RELATED AGENCIES RESEARCH, DEVELOPMENT, TEST AND PROGRAMS CENTRAL INTELLIGENCE AGENCY RETIREMENT EVALUATION, DEFENSE-WIDE DEFENSE HEALTH PROGRAM AND DISABILITY SYSTEM FUND For expenses of activities and agencies of the For expenses, not otherwise provided for, for For payment to the Central Intelligence Agen- Department of Defense (other than the military medical and health care programs of the De- cy Retirement and Disability System Fund, to departments), necessary for basic and applied partment of Defense, as authorized by law, maintain the proper funding level for con- scientific research, development, test and eval- $12,117,779,000, of which $11,414,393,000 shall be tinuing the operation of the Central Intelligence uation; advanced research projects as may be for Operation and maintenance, of which not to Agency Retirement and Disability System, designated and determined by the Secretary of exceed 2 percent shall remain available until $216,000,000. Defense, pursuant to law; maintenance, reha- September 30, 2002; of which $290,006,000, to re- INTELLIGENCE COMMUNITY MANAGEMENT bilitation, lease, and operation of facilities and main available for obligation until September 30, ACCOUNT equipment, $11,157,375,000, to remain available 2003, shall be for Procurement; of which (INCLUDING TRANSFER OF FUNDS) for obligation until September 30, 2002. $413,380,000, to remain available for obligation For necessary expenses of the Intelligence until September 30, 2002, shall be for Research, OPERATIONAL TEST AND EVALUATION, DEFENSE Community Management Account, $148,631,000, development, test and evaluation, and of which For expenses, not otherwise provided for, nec- of which $22,577,000 for the Advanced Research $10,000,000 shall be available for HIV prevention essary for the independent activities of the Di- and Development Committee shall remain avail- educational activities undertaken in connection rector, Operational Test and Evaluation in the able until September 30, 2002: Provided, That of with U.S. military training, exercises, and hu- direction and supervision of operational test the funds appropriated under this heading, manitarian assistance activities conducted in and evaluation, including initial operational $34,100,000 shall be transferred to the Depart- African nations. test and evaluation which is conducted prior to, ment of Justice for the National Drug Intel- and in support of, production decisions; joint CHEMICAL AGENTS AND MUNITIONS ligence Center to support the Department of De- operational testing and evaluation; and admin- DESTRUCTION, ARMY fense’s counter-drug intelligence responsibilities, istrative expenses in connection therewith, For expenses, not otherwise provided for, nec- and of the said amount, $1,500,000 for Procure- $227,060,000, to remain available for obligation essary for the destruction of the United States ment shall remain available until September 30, until September 30, 2002. stockpile of lethal chemical agents and muni- 2003, and $1,000,000 for Research, development,

VerDate 11-MAY-2000 05:28 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 6333 E:\CR\FM\A17JY7.061 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6107 test and evaluation shall remain available until That no part of the funds in this Act shall be each year: Provided, That funds available for September 30, 2002: Provided further, That the available to prepare or present a request to the operation and maintenance shall be available National Drug Intelligence Center shall main- Committees on Appropriations for reprogram- for providing humanitarian and similar assist- tain the personnel and technical resources to ming of funds, unless for higher priority items, ance by using Civic Action Teams in the Trust provide timely support to law enforcement au- based on unforeseen military requirements, than Territories of the Pacific Islands and freely as- thorities to conduct document exploitation of those for which originally appropriated and in sociated states of Micronesia, pursuant to the materials collected in federal, state, and local no case where the item for which reprogramming Compact of Free Association as authorized by law enforcement activity. is requested has been denied by the Congress. Public Law 99–239: Provided further, That upon PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, (TRANSFER OF FUNDS) a determination by the Secretary of the Army REMEDIATION, AND ENVIRONMENTAL RESTORA- SEC. 8006. During the current fiscal year, cash that such action is beneficial for graduate med- TION FUND balances in working capital funds of the De- ical education programs conducted at Army For payment to Kaho’olawe Island Convey- partment of Defense established pursuant to sec- medical facilities located in Hawaii, the Sec- ance, Remediation, and Environmental Restora- tion 2208 of title 10, United States Code, may be retary of the Army may authorize the provision tion Fund, as authorized by law, $60,000,000, to maintained in only such amounts as are nec- of medical services at such facilities and trans- remain available until expended. essary at any time for cash disbursements to be portation to such facilities, on a nonreimbursable basis, for civilian patients from American NATIONAL SECURITY EDUCATION TRUST FUND made from such funds: Provided, That transfers may be made between such funds: Provided fur- Samoa, the Commonwealth of the Northern For the purposes of title VIII of Public Law ther, That transfers may be made between work- Mariana Islands, the Marshall Islands, the Fed- 102–183, $6,950,000, to be derived from the Na- ing capital funds and the ‘‘Foreign Currency erated States of Micronesia, Palau, and Guam. tional Security Education Trust Fund, to re- Fluctuations, Defense’’ appropriation and the SEC. 8010. (a) During fiscal year 2001, the ci- main available until expended. ‘‘Operation and Maintenance’’ appropriation vilian personnel of the Department of Defense TITLE VIII accounts in such amounts as may be determined may not be managed on the basis of any end- GENERAL PROVISIONS by the Secretary of Defense, with the approval strength, and the management of such personnel during that fiscal year shall not be sub- SEC. 8001. No part of any appropriation con- of the Office of Management and Budget, except ject to any constraint or limitation (known as tained in this Act shall be used for publicity or that such transfers may not be made unless the an end-strength) on the number of such per- propaganda purposes not authorized by the Secretary of Defense has notified the Congress sonnel who may be employed on the last day of Congress. of the proposed transfer. Except in amounts such fiscal year. SEC. 8002. During the current fiscal year, pro- equal to the amounts appropriated to working (b) The fiscal year 2002 budget request for the visions of law prohibiting the payment of com- capital funds in this Act, no obligations may be Department of Defense as well as all justifica- pensation to, or employment of, any person not made against a working capital fund to procure tion material and other documentation sup- a citizen of the United States shall not apply to or increase the value of war reserve material in- porting the fiscal year 2002 Department of De- personnel of the Department of Defense: Pro- ventory, unless the Secretary of Defense has no- fense budget request shall be prepared and sub- vided, That salary increases granted to direct tified the Congress prior to any such obligation. mitted to the Congress as if subsections (a) and and indirect hire foreign national employees of SEC. 8007. Funds appropriated by this Act (b) of this provision were effective with regard the Department of Defense funded by this Act may not be used to initiate a special access pro- to fiscal year 2002. shall not be at a rate in excess of the percentage gram without prior notification 30 calendar (c) Nothing in this section shall be construed increase authorized by law for civilian employ- days in session in advance to the congressional to apply to military (civilian) technicians. ees of the Department of Defense whose pay is defense committees. SEC. 8011. Notwithstanding any other provi- computed under the provisions of section 5332 of SEC. 8008. None of the funds provided in this sion of law, none of the funds made available by title 5, United States Code, or at a rate in excess Act shall be available to initiate: (1) a multiyear this Act shall be used by the Department of De- of the percentage increase provided by the ap- contract that employs economic order quantity fense to exceed, outside the 50 United States, its propriate host nation to its own employees, procurement in excess of $20,000,000 in any 1 territories, and the District of Columbia, 125,000 whichever is higher: Provided further, That this year of the contract or that includes an un- civilian workyears: Provided, That workyears section shall not apply to Department of De- funded contingent liability in excess of shall be applied as defined in the Federal Per- fense foreign service national employees serving $20,000,000; or (2) a contract for advance pro- sonnel Manual: Provided further, That at United States diplomatic missions whose pay curement leading to a multiyear contract that workyears expended in dependent student hir- is set by the Department of State under the For- employs economic order quantity procurement in ing programs for disadvantaged youths shall eign Service Act of 1980: Provided further, That excess of $20,000,000 in any 1 year, unless the not be included in this workyear limitation. the limitations of this provision shall not apply congressional defense committees have been no- SEC. 8012. None of the funds made available to foreign national employees of the Department tified at least 30 days in advance of the pro- by this Act shall be used in any way, directly or of Defense in the Republic of Turkey. posed contract award: Provided, That no part of indirectly, to influence congressional action on SEC. 8003. No part of any appropriation con- any appropriation contained in this Act shall be any legislation or appropriation matters pend- tained in this Act shall remain available for ob- available to initiate a multiyear contract for ing before the Congress. ligation beyond the current fiscal year, unless which the economic order quantity advance pro- SEC. 8013. (a) None of the funds appropriated expressly so provided herein. curement is not funded at least to the limits of by this Act shall be used to make contributions SEC. 8004. No more than 20 percent of the ap- the Government’s liability: Provided further, to the Department of Defense Education Bene- propriations in this Act which are limited for That no part of any appropriation contained in fits Fund pursuant to section 2006(g) of title 10, obligation during the current fiscal year shall be this Act shall be available to initiate multiyear United States Code, representing the normal obligated during the last 2 months of the fiscal procurement contracts for any systems or com- cost for future benefits under section 3015(d) of year: Provided, That this section shall not apply ponent thereof if the value of the multiyear con- title 38, United States Code, for any member of to obligations for support of active duty training tract would exceed $500,000,000 unless specifi- the armed services who, on or after the date of of reserve components or summer camp training cally provided in this Act: Provided further, the enactment of this Act, enlists in the armed of the Reserve Officers’ Training Corps. That no multiyear procurement contract can be services for a period of active duty of less than (TRANSFER OF FUNDS) terminated without 10-day prior notification to 3 years, nor shall any amounts representing the SEC. 8005. Upon determination by the Sec- the congressional defense committees: Provided normal cost of such future benefits be trans- retary of Defense that such action is necessary further, That the execution of multiyear author- ferred from the Fund by the Secretary of the in the national interest, he may, with the ap- ity shall require the use of a present value anal- Treasury to the Secretary of Veterans Affairs proval of the Office of Management and Budget, ysis to determine lowest cost compared to an an- pursuant to section 2006(d) of title 10, United transfer not to exceed $2,000,000,000 of working nual procurement. States Code; nor shall the Secretary of Veterans capital funds of the Department of Defense or Funds appropriated in title III of this Act may Affairs pay such benefits to any such member: funds made available in this Act to the Depart- be used for multiyear procurement contracts as Provided, That these limitations shall not apply ment of Defense for military functions (except follows: to members in combat arms skills or to members military construction) between such appropria- Javelin missile; M2A3 Bradley fighting vehi- who enlist in the armed services on or after July tions or funds or any subdivision thereof, to be cle; DDG–51 destroyer; and UH–60/CH–60 air- 1, 1989, under a program continued or estab- merged with and to be available for the same craft. lished by the Secretary of Defense in fiscal year purposes, and for the same time period, as the SEC. 8009. Within the funds appropriated for 1991 to test the cost-effective use of special re- appropriation or fund to which transferred: the operation and maintenance of the Armed cruiting incentives involving not more than 19 Provided, That such authority to transfer may Forces, funds are hereby appropriated pursuant noncombat arms skills approved in advance by not be used unless for higher priority items, to section 401 of title 10, United States Code, for the Secretary of Defense: Provided further, That based on unforeseen military requirements, than humanitarian and civic assistance costs under this subsection applies only to active compo- those for which originally appropriated and in chapter 20 of title 10, United States Code. Such nents of the Army. no case where the item for which funds are refunds may also be obligated for humanitarian (b) None of the funds appropriated by this Act quested has been denied by the Congress: Pro- and civic assistance costs incidental to author- shall be available for the basic pay and allow- vided further, That the Secretary of Defense ized operations and pursuant to authority ances of any member of the Army participating shall notify the Congress promptly of all trans- granted in section 401 of chapter 20 of title 10, as a full-time student and receiving benefits fers made pursuant to this authority or any United States Code, and these obligations shall paid by the Secretary of Veterans Affairs from other authority in this Act: Provided further, be reported to the Congress on September 30 of the Department of Defense Education Benefits

VerDate 11-MAY-2000 05:28 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 6333 E:\CR\FM\A17JY7.064 pfrm02 PsN: H17PT1 H6108 CONGRESSIONAL RECORD — HOUSE July 17, 2000 Fund when time spent as a full-time student is treatment care by a medical or health care pro- for the pay, allowances, and benefits of an em- credited toward completion of a service commit- fessional having an economic interest in the fa- ployee as defined by section 2105 of title 5, ment: Provided, That this subsection shall not cility to which the patient is referred: Provided, United States Code, or an individual employed apply to those members who have reenlisted That this limitation does not apply in the case by the government of the District of Columbia, with this option prior to October 1, 1987: Pro- of inpatient mental health services provided permanent or temporary indefinite, who— vided further, That this subsection applies only under the program for persons with disabilities (1) is a member of a Reserve component of the to active components of the Army. under subsection (d) of section 1079 of title 10, Armed Forces, as described in section 10101 of SEC. 8014. None of the funds appropriated by United States Code, provided as partial hospital title 10, United States Code, or the National this Act shall be available to convert to con- care, or provided pursuant to a waiver author- Guard, as described in section 101 of title 32, tractor performance an activity or function of ized by the Secretary of Defense because of med- United States Code; the Department of Defense that, on or after the ical or psychological circumstances of the pa- (2) performs, for the purpose of providing mili- date of the enactment of this Act, is performed tient that are confirmed by a health professional tary aid to enforce the law or providing assist- by more than 10 Department of Defense civilian who is not a Federal employee after a review, ance to civil authorities in the protection or sav- employees until a most efficient and cost-effec- pursuant to rules prescribed by the Secretary, ing of life or property or prevention of injury— tive organization analysis is completed on such which takes into account the appropriate level (A) Federal service under sections 331, 332, 333, or 12406 of title 10, United States Code, or activity or function and certification of the of care for the patient, the intensity of services other provision of law, as applicable; or analysis is made to the Committees on Appro- required by the patient, and the availability of (B) full-time military service for his or her priations of the House of Representatives and that care. State, the District of Columbia, the Common- the Senate: Provided, That this section and sub- SEC. 8018. Funds available in this Act may be wealth of Puerto Rico, or a territory of the sections (a), (b), and (c) of 10 U.S.C. 2461 shall used to provide transportation for the next-of- United States; and not apply to a commercial or industrial type kin of individuals who have been prisoners of war or missing in action from the Vietnam era (3) requests and is granted— function of the Department of Defense that: (1) (A) leave under the authority of this section; to an annual meeting in the United States, is included on the procurement list established or pursuant to section 2 of the Act of June 25, 1938 under such regulations as the Secretary of De- (B) annual leave, which may be granted with- (41 U.S.C. 47), popularly referred to as the Jav- fense may prescribe. out regard to the provisions of sections 5519 and SEC. 8019. Notwithstanding any other provi- its-Wagner-O’Day Act; (2) is planned to be con- 6323(b) of title 5, United States Code, if such em- sion of law, during the current fiscal year, the verted to performance by a qualified nonprofit ployee is otherwise entitled to such annual Secretary of Defense may, by executive agree- agency for the blind or by a qualified nonprofit leave: agency for other severely handicapped individ- ment, establish with host nation governments in Provided, That any employee who requests leave uals in accordance with that Act; or (3) is NATO member states a separate account into under subsection (3)(A) for service described in planned to be converted to performance by a which such residual value amounts negotiated subsection (2) of this section is entitled to such qualified firm under 51 percent ownership by an in the return of United States military installa- leave, subject to the provisions of this section Indian tribe, as defined in section 450b(e) of title tions in NATO member states may be deposited, and of the last sentence of section 6323(b) of title 25, United States Code, or a Native Hawaiian in the currency of the host nation, in lieu of di- 5, United States Code, and such leave shall be organization, as defined in section 637(a)(15) of rect monetary transfers to the United States considered leave under section 6323(b) of title 5, title 15, United States Code. Treasury: Provided, That such credits may be United States Code. utilized only for the construction of facilities to (TRANSFER OF FUNDS) SEC. 8024. None of the funds appropriated by support United States military forces in that SEC. 8015. Funds appropriated in title III of this Act shall be available to perform any cost host nation, or such real property maintenance study pursuant to the provisions of OMB Cir- this Act for the Department of Defense Pilot and base operating costs that are currently exe- Mentor-Protege Program may be transferred to cular A–76 if the study being performed exceeds cuted through monetary transfers to such host a period of 24 months after initiation of such any other appropriation contained in this Act nations: Provided further, That the Department solely for the purpose of implementing a Men- study with respect to a single function activity of Defense’s budget submission for fiscal year or 48 months after initiation of such study for a tor-Protege Program developmental assistance 2002 shall identify such sums anticipated in re- agreement pursuant to section 831 of the Na- multi-function activity. sidual value settlements, and identify such con- SEC. 8025. Funds appropriated by this Act for tional Defense Authorization Act for Fiscal struction, real property maintenance or base op- Year 1991 (Public Law 101–510; 10 U.S.C. 2301 the American Forces Information Service shall erating costs that shall be funded by the host not be used for any national or international note), as amended, under the authority of this nation through such credits: Provided further, provision or any other transfer authority con- political or psychological activities. That all military construction projects to be exe- SEC. 8026. Notwithstanding any other provi- tained in this Act. cuted from such accounts must be previously ap- sion of law or regulation, the Secretary of De- SEC. 8016. None of the funds in this Act may proved in a prior Act of Congress: Provided fur- fense may adjust wage rates for civilian employ- be available for the purchase by the Department ther, That each such executive agreement with ees hired for certain health care occupations as of Defense (and its departments and agencies) of a NATO member host nation shall be reported to authorized for the Secretary of Veterans Affairs welded shipboard anchor and mooring chain 4 the congressional defense committees, the Com- by section 7455 of title 38, United States Code. inches in diameter and under unless the anchor mittee on International Relations of the House SEC. 8027. None of the funds appropriated or and mooring chain are manufactured in the of Representatives and the Committee on For- made available in this Act shall be used to re- United States from components which are sub- eign Relations of the Senate 30 days prior to the duce or disestablish the operation of the 53rd stantially manufactured in the United States: conclusion and endorsement of any such agree- Weather Reconnaissance Squadron of the Air Provided, That for the purpose of this section ment established under this provision. Force Reserve, if such action would reduce the manufactured will include cutting, heat treat- SEC. 8020. None of the funds available to the WC–130 Weather Reconnaissance mission below ing, quality control, testing of chain and weld- Department of Defense may be used to demili- the levels funded in this Act. ing (including the forging and shot blasting tarize or dispose of M–1 Carbines, M–1 Garand SEC. 8028. (a) Of the funds for the procure- process): Provided further, That for the purpose rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri- ment of supplies or services appropriated by this of this section substantially all of the compo- fles, or M–1911 pistols. Act, qualified nonprofit agencies for the blind or nents of anchor and mooring chain shall be con- SEC. 8021. No more than $500,000 of the funds other severely handicapped shall be afforded the sidered to be produced or manufactured in the appropriated or made available in this Act shall maximum practicable opportunity to participate United States if the aggregate cost of the compo- be used during a single fiscal year for any single as subcontractors and suppliers in the perform- nents produced or manufactured in the United relocation of an organization, unit, activity or ance of contracts let by the Department of De- States exceeds the aggregate cost of the compo- function of the Department of Defense into or fense. nents produced or manufactured outside the within the National Capital Region: Provided, (b) During the current fiscal year, a business United States: Provided further, That when That the Secretary of Defense may waive this concern which has negotiated with a military adequate domestic supplies are not available to restriction on a case-by-case basis by certifying service or defense agency a subcontracting plan meet Department of Defense requirements on a in writing to the congressional defense commit- for the participation by small business concerns timely basis, the Secretary of the service respon- tees that such a relocation is required in the pursuant to section 8(d) of the Small Business sible for the procurement may waive this restric- best interest of the Government. Act (15 U.S.C. 637(d)) shall be given credit to- tion on a case-by-case basis by certifying in SEC. 8022. In addition to the funds provided ward meeting that subcontracting goal for any writing to the Committees on Appropriations elsewhere in this Act, $8,000,000 is appropriated purchases made from qualified nonprofit agen- that such an acquisition must be made in order only for incentive payments authorized by sec- cies for the blind or other severely handicapped. to acquire capability for national security pur- tion 504 of the Indian Financing Act of 1974 (25 (c) For the purpose of this section, the phrase poses. U.S.C. 1544): Provided, That a subcontractor at ‘‘qualified nonprofit agency for the blind or SEC. 8017. None of the funds appropriated by any tier shall be considered a contractor for the other severely handicapped’’ means a nonprofit this Act available for the Civilian Health and purposes of being allowed additional compensa- agency for the blind or other severely handi- Medical Program of the Uniformed Services tion under section 504 of the Indian Financing capped that has been approved by the Com- (CHAMPUS) or TRICARE shall be available for Act of 1974 (25 U.S.C. 1544). mittee for the Purchase from the Blind and the reimbursement of any health care provider SEC. 8023. During the current fiscal year, Other Severely Handicapped under the Javits- for inpatient mental health service for care refunds appropriated or otherwise available for Wagner-O’Day Act (41 U.S.C. 46–48). ceived when a patient is referred to a provider any Federal agency, the Congress, the judicial SEC. 8029. During the current fiscal year, net of inpatient mental health care or residential branch, or the District of Columbia may be used receipts pursuant to collections from third party

VerDate 11-MAY-2000 05:28 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 6333 E:\CR\FM\A17JY7.067 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6109 payers pursuant to section 1095 of title 10, and Steel Institute (AISI) specifications of car- lished under 40 U.S.C. 485(h)(2) and to the spe- United States Code, shall be made available to bon, alloy or armor steel plate: Provided further, cial account established under 10 U.S.C. the local facility of the uniformed services re- That the Secretary of the military department 2667(d)(1) are appropriated and shall be avail- sponsible for the collections and shall be over responsible for the procurement may waive this able until transferred by the Secretary of De- and above the facility’s direct budget amount. restriction on a case-by-case basis by certifying fense to current applicable appropriations or SEC. 8030. During the current fiscal year, the in writing to the Committees on Appropriations funds of the Department of Defense under the Department of Defense is authorized to incur of the House of Representatives and the Senate terms and conditions specified by 40 U.S.C. obligations of not to exceed $350,000,000 for pur- that adequate domestic supplies are not avail- 485(h)(2) (A) and (B) and 10 U.S.C. poses specified in section 2350j(c) of title 10, able to meet Department of Defense require- 2667(d)(1)(B), to be merged with and to be avail- United States Code, in anticipation of receipt of ments on a timely basis and that such an acqui- able for the same time period and the same pur- contributions, only from the Government of Ku- sition must be made in order to acquire capa- poses as the appropriation to which transferred. wait, under that section: Provided, That upon bility for national security purposes: Provided SEC. 8039. The President shall include with receipt, such contributions from the Government further, That these restrictions shall not apply each budget for a fiscal year submitted to the of Kuwait shall be credited to the appropria- to contracts which are in being as of the date of Congress under section 1105 of title 31, United tions or fund which incurred such obligations. the enactment of this Act. States Code, materials that shall identify clearly SEC. 8031. Of the funds made available in this SEC. 8034. For the purposes of this Act, the and separately the amounts requested in the Act, not less than $21,417,000 shall be available term ‘‘congressional defense committees’’ means budget for appropriation for that fiscal year for for the Civil Air Patrol Corporation, of which the Armed Services Committee of the House of salaries and expenses related to administrative $19,417,000 shall be available for Civil Air Patrol Representatives, the Armed Services Committee activities of the Department of Defense, the mili- Corporation operation and maintenance to sup- of the Senate, the Subcommittee on Defense of tary departments, and the defense agencies. port readiness activities which includes the Committee on Appropriations of the Senate, SEC. 8040. Notwithstanding any other provi- $2,000,000 for the Civil Air Patrol counterdrug and the Subcommittee on Defense of the Com- sion of law, funds available for ‘‘Drug Interdic- program: Provided, That funds identified for mittee on Appropriations of the House of Rep- tion and Counter-Drug Activities, Defense’’ may ‘‘Civil Air Patrol’’ under this section are in- resentatives. be obligated for the Young Marines program. tended for and shall be for the exclusive use of SEC. 8035. During the current fiscal year, the (INCLUDING TRANSFER OF FUNDS) the Civil Air Patrol Corporation and not for the Department of Defense may acquire the modi- SEC. 8041. During the current fiscal year, Air Force or any unit thereof. fication, depot maintenance and repair of air- amounts contained in the Department of De- SEC. 8032. (a) None of the funds appropriated craft, vehicles and vessels as well as the produc- fense Overseas Military Facility Investment Re- in this Act are available to establish a new De- tion of components and other Defense-related covery Account established by section 2921(c)(1) partment of Defense (department) federally articles, through competition between Depart- of the National Defense Authorization Act of funded research and development center ment of Defense depot maintenance activities 1991 (Public Law 101–510; 10 U.S.C. 2687 note) (FFRDC), either as a new entity, or as a sepa- and private firms: Provided, That the Senior Ac- shall be available until expended for the pay- rate entity administrated by an organization quisition Executive of the military department ments specified by section 2921(c)(2) of that Act: managing another FFRDC, or as a nonprofit or defense agency concerned, with power of del- Provided, That none of the funds made avail- membership corporation consisting of a consor- egation, shall certify that successful bids in- able for expenditure under this section may be tium of other FFRDCs and other non-profit en- clude comparable estimates of all direct and in- transferred or obligated until 30 days after the tities. direct costs for both public and private bids: Secretary of Defense submits a report which de- (b) No member of a Board of Directors, Trust- Provided further, That Office of Management tails the balance available in the Overseas Mili- ees, Overseers, Advisory Group, Special Issues and Budget Circular A–76 shall not apply to tary Facility Investment Recovery Account, all Panel, Visiting Committee, or any similar entity competitions conducted under this section. projected income into the account during fiscal of a defense FFRDC, and no paid consultant to SEC. 8036. (a)(1) If the Secretary of Defense, years 2001 and 2002, and the specific expendi- any defense FFRDC, except when acting in a after consultation with the United States Trade tures to be made using funds transferred from technical advisory capacity, may be com- Representative, determines that a foreign coun- this account during fiscal year 2001. pensated for his or her services as a member of try which is party to an agreement described in SEC. 8042. Of the funds appropriated or other- such entity, or as a paid consultant by more paragraph (2) has violated the terms of the wise made available by this Act, not more than than one FFRDC in a fiscal year: Provided, agreement by discriminating against certain $119,200,000 shall be available for payment of That a member of any such entity referred to types of products produced in the United States the operating costs of NATO Headquarters: Pro- previously in this subsection shall be allowed that are covered by the agreement, the Secretary vided, That the Secretary of Defense may waive travel expenses and per diem as authorized of Defense shall rescind the Secretary’s blanket this section for Department of Defense support under the Federal Joint Travel Regulations, waiver of the Buy American Act with respect to provided to NATO forces in and around the when engaged in the performance of member- such types of products produced in that foreign former Yugoslavia. SEC. 8043. During the current fiscal year, ap- ship duties. country. (c) Notwithstanding any other provision of propriations which are available to the Depart- (2) An agreement referred to in paragraph (1) law, none of the funds available to the department of Defense for operation and maintenance is any reciprocal defense procurement memo- ment from any source during fiscal year 2001 may be used to purchase items having an invest- randum of understanding, between the United may be used by a defense FFRDC, through a fee ment item unit cost of not more than $100,000. States and a foreign country pursuant to which or other payment mechanism, for construction SEC. 8044. (a) During the current fiscal year, the Secretary of Defense has prospectively of new buildings, for payment of cost sharing none of the appropriations or funds available to waived the Buy American Act for certain prod- for projects funded by Government grants, for the Department of Defense Working Capital ucts in that country. absorption of contract overruns, or for certain Funds shall be used for the purchase of an in- (b) The Secretary of Defense shall submit to charitable contributions, not to include em- vestment item for the purpose of acquiring a the Congress a report on the amount of Depart- ployee participation in community service and/ new inventory item for sale or anticipated sale ment of Defense purchases from foreign entities or development. during the current fiscal year or a subsequent in fiscal year 2001. Such report shall separately (d) Notwithstanding any other provision of fiscal year to customers of the Department of indicate the dollar value of items for which the law, of the funds available to the department Defense Working Capital Funds if such an item Buy American Act was waived pursuant to any during fiscal year 2001, not more than 6,227 staff would not have been chargeable to the Depart- agreement described in subsection (a)(2), the years of technical effort (staff years) may be ment of Defense Business Operations Fund dur- Trade Agreement Act of 1979 (19 U.S.C. 2501 et funded for defense FFRDCs: Provided, That of ing fiscal year 1994 and if the purchase of such seq.), or any international agreement to which the specific amount referred to previously in this an investment item would be chargeable during the United States is a party. subsection, not more than 1,009 staff years may the current fiscal year to appropriations made (c) For purposes of this section, the term ‘‘Buy be funded for the defense studies and analysis to the Department of Defense for procurement. FFRDCs. American Act’’ means title III of the Act entitled (b) The fiscal year 2002 budget request for the (e) The Secretary of Defense shall, with the ‘‘An Act making appropriations for the Treas- Department of Defense as well as all justifica- submission of the department’s fiscal year 2002 ury and Post Office Departments for the fiscal tion material and other documentation sup- budget request, submit a report presenting the year ending June 30, 1934, and for other pur- porting the fiscal year 2002 Department of De- specific amounts of staff years of technical ef- poses’’, approved March 3, 1933 (41 U.S.C. 10a et fense budget shall be prepared and submitted to fort to be allocated for each defense FFRDC seq.). the Congress on the basis that any equipment during that fiscal year. SEC. 8037. Appropriations contained in this which was classified as an end item and funded SEC. 8033. None of the funds appropriated or Act that remain available at the end of the cur- in a procurement appropriation contained in made available in this Act shall be used to pro- rent fiscal year as a result of energy cost sav- this Act shall be budgeted for in a proposed fis- cure carbon, alloy or armor steel plate for use in ings realized by the Department of Defense shall cal year 2002 procurement appropriation and any Government-owned facility or property remain available for obligation for the next fis- not in the supply management business area or under the control of the Department of Defense cal year to the extent, and for the purposes, pro- any other area or category of the Department of which were not melted and rolled in the United vided in section 2865 of title 10, United States Defense Working Capital Funds. States or Canada: Provided, That these procure- Code. SEC. 8045. None of the funds appropriated by ment restrictions shall apply to any and all Fed- (INCLUDING TRANSFER OF FUNDS) this Act for programs of the Central Intelligence eral Supply Class 9515, American Society of SEC. 8038. Amounts deposited during the cur- Agency shall remain available for obligation be- Testing and Materials (ASTM) or American Iron rent fiscal year to the special account estab- yond the current fiscal year, except for funds

VerDate 11-MAY-2000 05:28 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 6333 E:\CR\FM\A17JY7.070 pfrm02 PsN: H17PT1 H6110 CONGRESSIONAL RECORD — HOUSE July 17, 2000 appropriated for the Reserve for Contingencies, (3) the purpose of the contract is to take ad- ‘‘Procurement of Ammunition, Air Force, 2000/ which shall remain available until September 30, vantage of unique and significant industrial ac- 2002’’, $1,232,000; 2002: Provided, That funds appropriated, trans- complishment by a specific concern, or to insure ‘‘Other Procurement, Air Force, 2000/2002’’, ferred, or otherwise credited to the Central In- that a new product or idea of a specific concern $19,902,000; telligence Agency Central Services Working is given financial support: ‘‘Procurement, Defense-Wide, 2000/2002’’, Capital Fund during this or any prior or subse- Provided, That this limitation shall not apply to $6,683,000; quent fiscal year shall remain available until ex- contracts in an amount of less than $25,000, con- ‘‘Research, Development, Test and Evalua- pended. tracts related to improvements of equipment that tion, Army, 2000/2001’’, $20,592,000; SEC. 8046. Notwithstanding any other provi- is in development or production, or contracts as ‘‘Research, Development, Test and Evalua- sion of law, funds made available in this Act for to which a civilian official of the Department of tion, Navy, 2000/2001’’, $35,621,000; the Defense Intelligence Agency may be used for Defense, who has been confirmed by the Senate, ‘‘Research, Development, Test and Evalua- the design, development, and deployment of determines that the award of such contract is in tion, Air Force, 2000/2001’’, $53,467,000; General Defense Intelligence Program intel- the interest of the national defense. ‘‘Research, Development, Test and Evalua- ligence communications and intelligence infor- SEC. 8052. (a) Except as provided in sub- tion, Defense-Wide, 2000/2001’’, $36,297,000; mation systems for the Services, the Unified and sections (b) and (c), none of the funds made ‘‘Defense Health Program, 2000/2002’’, Specified Commands, and the component com- available by this Act may be used— $808,000; and mands. (1) to establish a field operating agency; or ‘‘Chemical Agents and Munitions Destruction, SEC. 8047. Of the funds appropriated by the Army, 2000/2002’’, $1,103,000: Department of Defense under the heading ‘‘Op- (2) to pay the basic pay of a member of the eration and Maintenance, Defense-Wide’’, not Armed Forces or civilian employee of the depart- Provided, That these reductions shall be applied less than $10,000,000 shall be made available ment who is transferred or reassigned from a proportionally to each budget activity, activity only for the mitigation of environmental im- headquarters activity if the member or employ- group and subactivity group and each program, pacts, including training and technical assist- ee’s place of duty remains at the location of that project and activity within each appropriation ance to tribes, related administrative support, headquarters. account: Provided further, That such propor- the gathering of information, documenting of (b) The Secretary of Defense or Secretary of a tionate reduction shall not be applied to any environmental damage, and developing a system military department may waive the limitations funds that will not remain available for obliga- for prioritization of mitigation and cost to com- in subsection (a), on a case-by-case basis, if the tion beyond fiscal year 2000: Provided further, plete estimates for mitigation, on Indian lands Secretary determines, and certifies to the Com- That the following additional amounts are here- resulting from Department of Defense activities. mittees on Appropriations of the House of Rep- by rescinded as of the date of enactment of this SEC. 8048. Amounts collected for the use of the resentatives and Senate that the granting of the Act, or October 1, 2000, whichever is later, from facilities of the National Science Center for waiver will reduce the personnel requirements or the following accounts in the specified amounts: Communications and Electronics during the cur- the financial requirements of the department. ‘‘Other Procurement, Army, 1999/2001’’, rent fiscal year pursuant to section 1459(g) of (c) This section does not apply to field oper- $3,000,000; the Department of Defense Authorization Act, ating agencies funded within the National For- ‘‘Aircraft Procurement, Air Force, 1999/2001’’, 1986, and deposited to the special account estab- eign Intelligence Program. $12,300,000; lished under subsection 1459(g)(2) of that Act SEC. 8053. Funds appropriated by this Act, or ‘‘Other Procurement, Air Force, 1999/2001’’, are appropriated and shall be available until ex- made available by the transfer of funds in this $8,000,000; pended for the operation and maintenance of Act, for intelligence activities are deemed to be ‘‘Procurement of Weapons and Tracked Com- the Center as provided for in subsection specifically authorized by the Congress for pur- bat Vehicles, Army, 2000/2002’’, $23,000,000; 1459(g)(2). poses of section 504 of the National Security Act ‘‘Other Procurement, Army, 2000/2002’’, SEC. 8049. None of the funds appropriated in of 1947 (50 U.S.C. 414) during fiscal year 2001 $29,300,000; this Act may be used to fill the commander’s po- until the enactment of the Intelligence Author- ‘‘Aircraft Procurement, Navy, 2000/2002’’, sition at any military medical facility with a ization Act for Fiscal Year 2001. $6,500,000; health care professional unless the prospective SEC. 8054. Notwithstanding section 303 of Pub- ‘‘Aircraft Procurement, Air Force, 2000/2002’’, candidate can demonstrate professional admin- lic Law 96–487 or any other provision of law, the $24,000,000; istrative skills. Secretary of the Navy is authorized to lease real ‘‘Missile Procurement, Air Force, 2000/2002’’, SEC. 8050. (a) None of the funds appropriated and personal property at Naval Air Facility, $36,192,000; in this Act may be expended by an entity of the Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for ‘‘Other Procurement, Air Force, 2000/2002’’, Department of Defense unless the entity, in ex- commercial, industrial or other purposes: Pro- $20,000,000; pending the funds, complies with the Buy Amer- vided, That notwithstanding any other provi- ‘‘Research, Development, Test and Evalua- ican Act. For purposes of this subsection, the sion of law, the Secretary of the Navy may re- tion, Army, 2000/2001’’, $22,000,000; term ‘‘Buy American Act’’ means title III of the move hazardous materials from facilities, build- ‘‘Research, Development, Test and Evalua- Act entitled ‘‘An Act making appropriations for ings, and structures at Adak, Alaska, and may tion, Air Force, 2000/2001’’, $30,000,000; and the Treasury and Post Office Departments for demolish or otherwise dispose of such facilities, ‘‘Reserve Mobilization Income Insurance the fiscal year ending June 30, 1934, and for buildings, and structures. Fund’’, $13,000,000. other purposes’’, approved March 3, 1933 (41 (RESCISSIONS) SEC. 8056. None of the funds available in this U.S.C. 10a et seq.). Act may be used to reduce the authorized posi- (b) If the Secretary of Defense determines that SEC. 8055. Of the funds provided in Depart- tions for military (civilian) technicians of the a person has been convicted of intentionally ment of Defense Appropriations Acts, the fol- Army National Guard, the Air National Guard, affixing a label bearing a ‘‘Made in America’’ lowing funds are hereby rescinded as of the date Army Reserve and Air Force Reserve for the inscription to any product sold in or shipped to of enactment of this Act, or October 1, 2000, purpose of applying any administratively im- the United States that is not made in America, whichever is later, from the following accounts posed civilian personnel ceiling, freeze, or reduc- the Secretary shall determine, in accordance in the specified amounts: tion on military (civilian) technicians, unless with section 2410f of title 10, United States Code, ‘‘Aircraft Procurement, Army, 2000/2002’’, whether the person should be debarred from $7,000,000; such reductions are a direct result of a reduc- contracting with the Department of Defense. ‘‘Missile Procurement, Army, 2000/2002’’, tion in military force structure. (c) In the case of any equipment or products $6,000,000; SEC. 8057. None of the funds appropriated or purchased with appropriations provided under ‘‘Procurement of Weapons and Tracked Com- otherwise made available in this Act may be ob- this Act, it is the sense of the Congress that any bat Vehicles, Army, 2000/2002’’, $7,000,000; ligated or expended for assistance to the Demo- entity of the Department of Defense, in expend- ‘‘Procurement of Ammunition, Army, 2000/ cratic People’s Republic of North Korea unless ing the appropriation, purchase only American- 2002’’, $5,000,000; specifically appropriated for that purpose. made equipment and products, provided that ‘‘Other Procurement, Army, 2000/2002’’, SEC. 8058. During the current fiscal year, American-made equipment and products are $16,000,000; funds appropriated in this Act are available to cost-competitive, quality-competitive, and avail- ‘‘Aircraft Procurement, Navy, 2000/2002’’, compensate members of the National Guard for able in a timely fashion. $24,125,000; duty performed pursuant to a plan submitted by SEC. 8051. None of the funds appropriated by ‘‘Weapons Procurement, Navy, 2000/2002’’, a Governor of a State and approved by the Sec- this Act shall be available for a contract for $3,853,000; retary of Defense under section 112 of title 32, studies, analysis, or consulting services entered ‘‘Procurement of Ammunition, Navy and Ma- United States Code: Provided, That during the into without competition on the basis of an un- rine Corps, 2000/2002’’, $1,463,000; performance of such duty, the members of the solicited proposal unless the head of the activity ‘‘Shipbuilding and Conversion, Navy, 2000/ National Guard shall be under State command responsible for the procurement determines— 2004’’, $19,644,000; and control: Provided further, That such duty (1) as a result of thorough technical evalua- ‘‘Other Procurement, Navy, 2000/2002’’, shall be treated as full-time National Guard tion, only one source is found fully qualified to $12,032,000; duty for purposes of sections 12602(a)(2) and perform the proposed work; ‘‘Procurement, Marine Corps, 2000/2002’’, (b)(2) of title 10, United States Code. (2) the purpose of the contract is to explore an $3,623,000; SEC. 8059. Funds appropriated in this Act for unsolicited proposal which offers significant sci- ‘‘Aircraft Procurement, Air Force, 2000/2002’’, operation and maintenance of the Military De- entific or technological promise, represents the $32,743,000; partments, Combatant Commands and Defense product of original thinking, and was submitted ‘‘Missile Procurement, Air Force, 2000/2002’’, Agencies shall be available for reimbursement of in confidence by one source; or $5,500,000; pay, allowances and other expenses which

VerDate 11-MAY-2000 05:28 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 6333 E:\CR\FM\A17JY7.073 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6111 would otherwise be incurred against appropria- transportation of medical supplies and equip- States Code, the Secretary of Defense may issue tions for the National Guard and Reserve when ment, on a nonreimbursable basis, to the Indian loan guarantees in support of United States de- members of the National Guard and Reserve Health Service when it is in conjunction with a fense exports not otherwise provided for: Pro- provide intelligence or counterintelligence sup- civil-military project. vided, That the total contingent liability of the port to Combatant Commands, Defense Agencies SEC. 8066. None of the funds in this Act may United States for guarantees issued under the and Joint Intelligence Activities, including the be used to purchase any supercomputer which is authority of this section may not exceed activities and programs included within the Na- not manufactured in the United States, unless $15,000,000,000: Provided further, That the expo- tional Foreign Intelligence Program (NFIP), the the Secretary of Defense certifies to the congres- sure fees charged and collected by the Secretary Joint Military Intelligence Program (JMIP), and sional defense committees that such an acquisi- for each guarantee shall be paid by the country the Tactical Intelligence and Related Activities tion must be made in order to acquire capability involved and shall not be financed as part of a (TIARA) aggregate: Provided, That nothing in for national security purposes that is not avail- loan guaranteed by the United States: Provided this section authorizes deviation from estab- able from United States manufacturers. further, That the Secretary shall provide quar- lished Reserve and National Guard personnel SEC. 8067. Notwithstanding any other provi- terly reports to the Committees on Appropria- and training procedures. sion of law, the Naval shipyards of the United tions, Armed Services, and Foreign Relations of SEC. 8060. During the current fiscal year, none States shall be eligible to participate in any the Senate and the Committees on Appropria- of the funds appropriated in this Act may be manufacturing extension program financed by tions, Armed Services, and International Rela- used to reduce the civilian medical and medical funds appropriated in this or any other Act. tions in the House of Representatives on the im- support personnel assigned to military treatment SEC. 8068. Notwithstanding any other provi- plementation of this program: Provided further, facilities below the September 30, 2000 level: Pro- sion of law, each contract awarded by the De- That amounts charged for administrative fees vided, That the Service Surgeons General may partment of Defense during the current fiscal and deposited to the special account provided waive this section by certifying to the congres- year for construction or service performed in for under section 2540c(d) of title 10, shall be sional defense committees that the beneficiary whole or in part in a State (as defined in section available for paying the costs of administrative population is declining in some catchment areas 381(d) of title 10, United States Code) which is expenses of the Department of Defense that are and civilian strength reductions may be con- not contiguous with another State and has an attributable to the loan guarantee program sistent with responsible resource stewardship unemployment rate in excess of the national av- under subchapter VI of chapter 148 of title 10, and capitation-based budgeting. erage rate of unemployment as determined by United States Code. (INCLUDING TRANSFER OF FUNDS) the Secretary of Labor, shall include a provision SEC. 8072. None of the funds available to the SEC. 8061. None of the funds appropriated in requiring the contractor to employ, for the pur- Department of Defense under this Act shall be this Act may be transferred to or obligated from pose of performing that portion of the contract obligated or expended to pay a contractor under the Pentagon Reservation Maintenance Revolv- in such State that is not contiguous with an- a contract with the Department of Defense for ing Fund, unless the Secretary of Defense cer- other State, individuals who are residents of costs of any amount paid by the contractor to tifies that the total cost for the planning, de- such State and who, in the case of any craft or an employee when— sign, construction and installation of equipment trade, possess or would be able to acquire (1) such costs are for a bonus or otherwise in for the renovation of the Pentagon Reservation promptly the necessary skills: Provided, That excess of the normal salary paid by the con- will not exceed $1,222,000,000. the Secretary of Defense may waive the require- tractor to the employee; and SEC. 8062. (a) None of the funds available to ments of this section, on a case-by-case basis, in (2) such bonus is part of restructuring costs the Department of Defense for any fiscal year the interest of national security. associated with a business combination. for drug interdiction or counter-drug activities SEC. 8069. During the current fiscal year, the SEC. 8073. (a) None of the funds appropriated may be transferred to any other department or Army shall use the former George Air Force or otherwise made available in this Act may be agency of the United States except as specifi- Base as the airhead for the National Training used to transport or provide for the transpor- cally provided in an appropriations law. Center at Fort Irwin: Provided, That none of tation of chemical munitions or agents to the (b) None of the funds available to the Central the funds in this Act shall be obligated or ex- Johnston Atoll for the purpose of storing or de- Intelligence Agency for any fiscal year for drug pended to transport Army personnel into Ed- militarizing such munitions or agents. interdiction and counter-drug activities may be wards Air Force Base for training rotations at (b) The prohibition in subsection (a) shall not transferred to any other department or agency the National Training Center. apply to any obsolete World War II chemical of the United States except as specifically pro- SEC. 8070. (a) LIMITATION ON TRANSFER OF munition or agent of the United States found in vided in an appropriations law. DEFENSE ARTICLES AND SERVICES.—Notwith- the World War II Pacific Theater of Operations. standing any other provision of law, none of the (TRANSFER OF FUNDS) (c) The President may suspend the application funds available to the Department of Defense SEC. 8063. Appropriations available in this Act of subsection (a) during a period of war in for the current fiscal year may be obligated or under the heading ‘‘Operation and Mainte- which the United States is a party. expended to transfer to another nation or an nance, Defense-Wide’’ for increasing energy and SEC. 8074. None of the funds provided in title international organization any defense articles water efficiency in Federal buildings may, dur- II of this Act for ‘‘Former Soviet Union Threat or services (other than intelligence services) for ing their period of availability, be transferred to Reduction’’ may be obligated or expended to fi- use in the activities described in subsection (b) other appropriations or funds of the Department nance housing for any individual who was a unless the congressional defense committees, the of Defense for projects related to increasing en- member of the military forces of the Soviet Committee on International Relations of the ergy and water efficiency, to be merged with Union or for any individual who is or was a House of Representatives, and the Committee on and to be available for the same general pur- member of the military forces of the Russian Foreign Relations of the Senate are notified 15 poses, and for the same time period, as the ap- Federation. days in advance of such transfer. propriation or fund to which transferred. (INCLUDING TRANSFER OF FUNDS) (b) COVERED ACTIVITIES.—This section applies SEC. 8075. During the current fiscal year, no SEC. 8064. None of the funds appropriated in to— fiscal year 2000 and by this Act may be used for (1) any international peacekeeping or peace- more than $30,000,000 of appropriations made in the procurement of vessel propellers and ball enforcement operation under the authority of this Act under the heading ‘‘Operation and and roller bearings other than those produced chapter VI or chapter VII of the United Nations Maintenance, Defense-Wide’’ may be trans- by a domestic source and of domestic origin: Charter under the authority of a United Nations ferred to appropriations available for the pay of Provided, That the Secretary of the military de- Security Council resolution; and military personnel, to be merged with, and to be partment responsible for such procurement may (2) any other international peacekeeping, available for the same time period as the appro- waive this restriction on a case-by-case basis by peace-enforcement, or humanitarian assistance priations to which transferred, to be used in certifying in writing to the Committees on Ap- operation. support of such personnel in connection with propriations of the House of Representatives (c) REQUIRED NOTICE.—A notice under sub- support and services for eligible organizations and the Senate, that adequate domestic supplies section (a) shall include the following: and activities outside the Department of Defense are not available to meet Department of Defense (1) A description of the equipment, supplies, pursuant to section 2012 of title 10, United requirements on a timely basis and that such an or services to be transferred. States Code. acquisition must be made in order to acquire ca- (2) A statement of the value of the equipment, SEC. 8076. For purposes of section 1553(b) of pability for national security purposes: Provided supplies, or services to be transferred. title 31, United States Code, any subdivision of further, That this restriction shall not apply to (3) In the case of a proposed transfer of equip- appropriations made in this Act under the head- the purchase of ‘‘commercial items’’, as defined ment or supplies— ing ‘‘Shipbuilding and Conversion, Navy’’ shall by section 4(12) of the Office of Federal Procure- (A) a statement of whether the inventory re- be considered to be for the same purpose as any ment Policy Act, except that the restriction shall quirements of all elements of the Armed Forces subdivision under the heading ‘‘Shipbuilding apply to ball or roller bearings purchased as end (including the reserve components) for the type and Conversion, Navy’’ appropriations in any items. of equipment or supplies to be transferred have prior year, and the 1 percent limitation shall SEC. 8065. Notwithstanding any other provi- been met; and apply to the total amount of the appropriation. sion of law, funds available to the Department (B) a statement of whether the items proposed SEC. 8077. During the current fiscal year, in of Defense shall be made available to provide to be transferred will have to be replaced and, the case of an appropriation account of the De- transportation of medical supplies and equip- if so, how the President proposes to provide partment of Defense for which the period of ment, on a nonreimbursable basis, to American funds for such replacement. availability for obligation has expired or which Samoa, and funds available to the Department SEC. 8071. To the extent authorized by sub- has closed under the provisions of section 1552 of Defense shall be made available to provide chapter VI of chapter 148 of title 10, United of title 31, United States Code, and which has a

VerDate 11-MAY-2000 05:28 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 6333 E:\CR\FM\A17JY7.076 pfrm02 PsN: H17PT1 H6112 CONGRESSIONAL RECORD — HOUSE July 17, 2000 negative unliquidated or unexpended balance, energy for municipal district heat to the United does not discriminate against the same or simi- an obligation or an adjustment of an obligation States Defense installations: Provided further, lar defense items produced in the United States may be charged to any current appropriation That at Landstuhl Army Regional Medical Cen- for that country. account for the same purpose as the expired or ter and Ramstein Air Base, furnished heat may (b) Subsection (a) applies with respect to— closed account if— be obtained from private, regional or municipal (1) contracts and subcontracts entered into on (1) the obligation would have been properly services, if provisions are included for the con- or after the date of the enactment of this Act; chargeable (except as to amount) to the expired sideration of United States coal as an energy and or closed account before the end of the period of source. (2) options for the procurement of items that availability or closing of that account; SEC. 8083. Notwithstanding 31 U.S.C. 3902, are exercised after such date under contracts (2) the obligation is not otherwise properly during the current fiscal year, interest penalties that are entered into before such date if the op- chargeable to any current appropriation ac- may be paid by the Department of Defense from tion prices are adjusted for any reason other count of the Department of Defense; and funds financing the operation of the military than the application of a waiver granted under (3) in the case of an expired account, the obli- department or defense agency with which the subsection (a). gation is not chargeable to a current appropria- invoice or contract payment is associated. (c) Subsection (a) does not apply to a limitation of the Department of Defense under the SEC. 8084. None of the funds appropriated in tion regarding construction of public vessels, provisions of section 1405(b)(8) of the National title IV of this Act may be used to procure end- ball and roller bearings, food, and clothing or Defense Authorization Act for Fiscal Year 1991, items for delivery to military forces for oper- textile materials as defined by section 11 (chap- Public Law 101–510, as amended (31 U.S.C. 1551 ational training, operational use or inventory ters 50–65) of the Harmonized Tariff Schedule note): Provided, That in the case of an expired requirements: Provided, That this restriction and products classified under headings 4010, account, if subsequent review or investigation does not apply to end-items used in develop- 4202, 4203, 6401 through 6406, 6505, 7019, 7218 discloses that there was not in fact a negative ment, prototyping, and test activities preceding through 7229, 7304.41 through 7304.49, 7306.40, unliquidated or unexpended balance in the ac- and leading to acceptance for operational use: 7502 through 7508, 8105, 8108, 8109, 8211, 8215, count, any charge to a current account under Provided further, That this restriction does not and 9404. the authority of this section shall be reversed apply to programs funded within the National SEC. 8089. Funds made available to the Civil and recorded against the expired account: Pro- Foreign Intelligence Program: Provided further, Air Patrol in this Act under the heading ‘‘Drug vided further, That the total amount charged to That the Secretary of Defense may waive this Interdiction and Counter-Drug Activities, De- a current appropriation under this section may restriction on a case-by-case basis by certifying fense’’ may be used for the Civil Air Patrol Cor- not exceed an amount equal to 1 percent of the in writing to the Committees on Appropriations poration’s counterdrug program, including its total appropriation for that account. of the House of Representatives and the Senate demand reduction program involving youth pro- SEC. 8078. The Under Secretary of Defense that it is in the national security interest to do grams, as well as operational and training drug (Comptroller) shall submit to the congressional so. reconnaissance missions for Federal, State, and defense committees by February 1, 2001, a de- SEC. 8085. Notwithstanding any other provi- local government agencies; for administrative tailed report identifying, by amount and by sep- sion in this Act, the total amount appropriated costs, including the hiring of Civil Air Patrol arate budget activity, activity group, subactivity in this Act is hereby reduced by $800,000,000 to Corporation employees; for travel and per diem group, line item, program element, program, reflect working capital fund cash balance and expenses of Civil Air Patrol Corporation per- project, subproject, and activity, any activity rate stabilization adjustments, to be distributed sonnel in support of those missions; and for for which the fiscal year 2002 budget request as follows: equipment needed for mission support or per- was reduced because the Congress appropriated ‘‘Operation and Maintenance, Army’’, formance: Provided, That the Department of the funds above the President’s budget request for $40,794,000; Air Force should waive reimbursement from the that specific activity for fiscal year 2001. ‘‘Operation and Maintenance, Navy’’, Federal, State, and local government agencies SEC. 8079. Funds appropriated in title II of $271,856,000; for the use of these funds. this Act and for the Defense Health Program in ‘‘Operation and Maintenance, Marine SEC. 8090. Notwithstanding any other provi- title VI of this Act for supervision and adminis- Corps’’, $5,006,000; sion of law, the TRICARE managed care sup- tration costs for facilities maintenance and re- ‘‘Operation and Maintenance, Air Force’’, port contracts in effect, or in final stages of ac- pair, minor construction, or design projects may $294,209,000; quisition as of September 30, 2000, may be ex- be obligated at the time the reimbursable order ‘‘Operation and Maintenance, Defense- tended for 2 years: Provided, That any such ex- is accepted by the performing activity: Provided, Wide’’, $10,864,000; tension may only take place if the Secretary of That for the purpose of this section, supervision ‘‘Operation and Maintenance, Navy Reserve’’, Defense determines that it is in the best interest and administration costs includes all in-house $31,669,000; of the Government: Provided further, That any Government cost. ‘‘Operation and Maintenance, Marine Corps contract extension shall be based on the price in SEC. 8080. During the current fiscal year, the Reserve’’, $563,000; the final best and final offer for the last year of Secretary of Defense may waive reimbursement ‘‘Operation and Maintenance, Air Force Re- the existing contract as adjusted for inflation of the cost of conferences, seminars, courses of serve’’, $43,974,000; and other factors mutually agreed to by the con- instruction, or similar educational activities of ‘‘Operation and Maintenance, Army National tractor and the Government: Provided further, the Asia-Pacific Center for Security Studies for Guard’’, $15,572,000; and That notwithstanding any other provision of military officers and civilian officials of foreign ‘‘Operation and Maintenance, Air National law, all future TRICARE managed care support nations if the Secretary determines that attend- Guard’’, $85,493,000. contracts replacing contracts in effect, or in the ance by such personnel, without reimbursement, SEC. 8086. Notwithstanding any other provi- final stages of acquisition as of September 30, is in the national security interest of the United sion of this Act, the amounts provided in all ap- 2000, may include a base contract period for States: Provided, That costs for which reim- propriation accounts in titles III and IV of this transition and up to seven 1-year option peri- bursement is waived pursuant to this section Act are hereby reduced by 0.7 percent: Provided, ods. shall be paid from appropriations available for That these reductions shall be applied on a pro- SEC. 8091. None of the funds in this Act may the Asia-Pacific Center. rata basis to each line item, program element, be used to compensate an employee of the De- SEC. 8081. (a) Notwithstanding any other pro- program, project, subproject, and activity within partment of Defense who initiates a new start vision of law, the Chief of the National Guard each appropriation account: Provided further, program without notification to the Office of the Bureau may permit the use of equipment of the That not later than 60 days after the enactment Secretary of Defense, the Office of Management National Guard Distance Learning Project by of this Act, the Under Secretary of Defense and Budget, and the congressional defense com- any person or entity on a space-available, reim- (Comptroller) shall submit a report to the con- mittees, as required by Department of Defense bursable basis. The Chief of the National Guard gressional defense committees listing the specific financial management regulations. Bureau shall establish the amount of reimburse- funding reductions allocated to each category SEC. 8092. (a) PROHIBITION.—None of the ment for such use on a case-by-case basis. listed in the preceding proviso pursuant to this funds made available by this Act may be used to (b) Amounts collected under subsection (a) section. support any training program involving a unit shall be credited to funds available for the Na- SEC. 8087. None of the funds made available in of the security forces of a foreign country if the tional Guard Distance Learning Project and be this Act may be used to approve or license the Secretary of Defense has received credible infor- available to defray the costs associated with the sale of the F–22 advanced tactical fighter to any mation from the Department of State that the use of equipment of the project under that sub- foreign government. unit has committed a gross violation of human section. Such funds shall be available for such SEC. 8088. (a) The Secretary of Defense may, rights, unless all necessary corrective steps have purposes without fiscal year limitation. on a case-by-case basis, waive with respect to a been taken. SEC. 8082. Using funds available by this Act or foreign country each limitation on the procure- (b) MONITORING.—The Secretary of Defense, any other Act, the Secretary of the Air Force, ment of defense items from foreign sources pro- in consultation with the Secretary of State, pursuant to a determination under section 2690 vided in law if the Secretary determines that the shall ensure that prior to a decision to conduct of title 10, United States Code, may implement application of the limitation with respect to that any training program referred to in subsection cost-effective agreements for required heating country would invalidate cooperative programs (a), full consideration is given to all credible in- facility modernization in the Kaiserslautern entered into between the Department of Defense formation available to the Department of State Military Community in the Federal Republic of and the foreign country, or would invalidate re- relating to human rights violations by foreign Germany: Provided, That in the City of ciprocal trade agreements for the procurement of security forces. Kaiserslautern such agreements will include the defense items entered into under section 2531 of (c) WAIVER.—The Secretary of Defense, after use of United States anthracite as the base load title 10, United States Code, and the country consultation with the Secretary of State, may

VerDate 11-MAY-2000 05:28 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 6333 E:\CR\FM\A17JY7.079 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6113 waive the prohibition in subsection (a) if he de- description of the funding requested for each nology system (including a system funded by the termines that such waiver is required by ex- anticipated contingency operation, for each defense working capital fund) that is not reg- traordinary circumstances. military service, to include active duty and istered with the Chief Information Officer of the (d) REPORT.—Not more than 15 days after the Guard and Reserve components, and for each Department of Defense. A system shall be con- exercise of any waiver under subsection (c), the appropriation account: Provided further, That sidered to be registered with that officer upon Secretary of Defense shall submit a report to the these documents shall include estimated costs the furnishing to that officer of notice of the congressional defense committees describing the for each element of expense or object class, a system, together with such information con- extraordinary circumstances, the purpose and reconciliation of increases and decreases for on- cerning the system as the Secretary of Defense duration of the training program, the United going contingency operations, and pro- may prescribe. An information technology sys- States forces and the foreign security forces in- grammatic data including, but not limited to tem shall be considered a mission critical or mis- volved in the training program, and the infor- troop strength for each active duty and Guard sion essential information technology system as mation relating to human rights violations that and Reserve component, and estimates of the defined by the Secretary of Defense. necessitates the waiver. major weapons systems deployed in support of (b) CERTIFICATIONS AS TO COMPLIANCE WITH SEC. 8093. The Secretary of Defense, in coordi- each contingency: Provided further, That these CLINGER-COHEN ACT.—(1) During the current nation with the Secretary of Health and Human documents shall include budget exhibits OP–5 fiscal year, a major automated information sys- Services, may carry out a program to distribute and OP–32, as defined in the Department of De- tem may not receive Milestone I approval, Mile- surplus dental equipment of the Department of fense Financial Management Regulation, for stone II approval, or Milestone III approval, or Defense, at no cost to the Department of De- the Overseas Contingency Operations Transfer their equivalent, within the Department of De- fense, to Indian health service facilities and to Fund for fiscal years 2000 and 2001. fense until the Chief Information Officer cer- federally-qualified health centers (within the SEC. 8098. None of the funds appropriated or tifies, with respect to that milestone, that the meaning of section 1905(l)(2)(B) of the Social Se- otherwise made available by this or other De- system is being developed in accordance with curity Act (42 U.S.C. 1396d(l)(2)(B))). partment of Defense Appropriations Acts may be the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et SEC. 8094. Notwithstanding any other provi- obligated or expended for the purpose of per- seq.). The Chief Information Officer may require sion in this Act, the total amount appropriated forming repairs or maintenance to military fam- additional certifications, as appropriate, with in this Act is hereby reduced by $856,900,000 to ily housing units of the Department of Defense, respect to any such system. reflect savings from favorable foreign currency including areas in such military family housing (2) The Chief Information Officer shall pro- fluctuations, to be distributed as follows: units that may be used for the purpose of con- vide the congressional defense committees timely ‘‘Military Personnel, Army’’, $177,200,000; ducting official Department of Defense business. notification of certifications under paragraph ‘‘Military Personnel, Navy’’, $53,400,000; SEC. 8099. Notwithstanding any other provi- (1). Each such notification shall include, at a ‘‘Military Personnel, Marine Corps’’, sion of law, funds appropriated in this Act minimum, the funding baseline and milestone $14,200,000; under the heading ‘‘Research, Development, schedule for each system covered by such a cer- ‘‘Military Personnel, Air Force’’, $147,600,000; Test and Evaluation, Defense-Wide’’ for any tification and confirmation that the following ‘‘Operation and Maintenance, Army’’, advanced concept technology demonstration steps have been taken with respect to the sys- $272,200,000; project may only be obligated 30 days after a re- tem: ‘‘Operation and Maintenance, Navy’’, port, including a description of the project and (A) Business process reengineering. $47,000,000; its estimated annual and total cost, has been (B) An analysis of alternatives. ‘‘Operation and Maintenance, Marine provided in writing to the congressional defense Corps’’, $2,200,000; (C) An economic analysis that includes a cal- committees: Provided, That the Secretary of De- culation of the return on investment. ‘‘Operation and Maintenance, Air Force’’, fense may waive this restriction on a case-by- $96,000,000; (D) Performance measures. case basis by certifying to the congressional de- (E) An information assurance strategy con- ‘‘Operation and Maintenance, Defense- fense committees that it is in the national inter- Wide’’, $26,400,000; and sistent with the Department’s Global Informa- est to do so. tion Grid. ‘‘Defense Health Program’’, $20,700,000. SEC. 8100. Notwithstanding any other provi- (c) DEFINITIONS.—For purposes of this section: SEC. 8095. None of the funds appropriated or sion of law, for the purpose of establishing all (1) The term ‘‘Chief Information Officer’’ made available in this Act to the Department of Department of Defense policies governing the means the senior official of the Department of the Navy shall be used to develop, lease or pro- provision of care provided by and financed Defense designated by the Secretary of Defense cure the ADC(X) class of ships unless the main under the military health care system’s case pursuant to section 3506 of title 44, United propulsion diesel engines and propulsors are management program under 10 U.S.C. States Code. manufactured in the United States by a domesti- 1079(a)(17), the term ‘‘custodial care’’ shall be (2) The term ‘‘information technology system’’ cally operated entity: Provided, That the Sec- defined as care designed essentially to assist an has the meaning given the term ‘‘information retary of Defense may waive this restriction on individual in meeting the activities of daily liv- technology’’ in section 5002 of the Clinger- a case-by-case basis by certifying in writing to ing and which does not require the supervision Cohen Act of 1996 (40 U.S.C. 1401). the Committees on Appropriations of the House of trained medical, nursing, paramedical or of Representatives and the Senate that adequate other specially trained individuals: Provided, (3) The term ‘‘major automated information domestic supplies are not available to meet De- That the case management program shall pro- system’’ has the meaning given that term in De- partment of Defense requirements on a timely vide that members and retired members of the partment of Defense Directive 5000.1. basis and that such an acquisition must be made military services, and their dependents and sur- SEC. 8103. During the current fiscal year, none in order to acquire capability for national secu- vivors, have access to all medically necessary of the funds available to the Department of De- rity purposes or there exists a significant cost or health care through the health care delivery fense may be used to provide support to another quality difference. system of the military services regardless of the department or agency of the United States if SEC. 8096. Of the funds made available in this health care status of the person seeking the such department or agency is more than 90 days Act, not less than $65,200,000 shall be available health care: Provided further, That the case in arrears in making payment to the Depart- to maintain an attrition reserve force of 18 B–52 management program shall be the primary obli- ment of Defense for goods or services previously aircraft, of which $3,200,000 shall be available gor for payment of medically necessary services provided to such department or agency on a re- from ‘‘Military Personnel, Air Force’’, and shall not be considered as secondarily liable imbursable basis: Provided, That this restriction $36,900,000 shall be available from ‘‘Operation to title XIX of the Social Security Act, other shall not apply if the department is authorized and Maintenance, Air Force’’, and $25,100,000 welfare programs or charity based care. by law to provide support to such department or shall be available from ‘‘Aircraft Procurement, SEC. 8101. During the current fiscal year— agency on a nonreimbursable basis, and is pro- Air Force’’: Provided, That the Secretary of the (1) refunds attributable to the use of the Gov- viding the requested support pursuant to such Air Force shall maintain a total force of 94 B– ernment travel card and refunds attributable to authority: Provided further, That the Secretary 52 aircraft, including 18 attrition reserve air- official Government travel arranged by Govern- of Defense may waive this restriction on a case- craft, during fiscal year 2001: Provided further, ment Contracted Travel Management Centers by-case basis by certifying in writing to the That the Secretary of Defense shall include in may be credited to operation and maintenance Committees on Appropriations of the House of the Air Force budget request for fiscal year 2002 accounts of the Department of Defense which Representatives and the Senate that it is in the amounts sufficient to maintain a B–52 force to- are current when the refunds are received; and national security interest to do so. taling 94 aircraft. (2) refunds attributable to the use of the Gov- SEC. 8104. None of the funds provided in this SEC. 8097. The budget of the President for fis- ernment Purchase Card by military personnel Act may be used to transfer to any nongovern- cal year 2002 submitted to the Congress pursu- and civilian employees of the Department of De- mental entity ammunition held by the Depart- ant to section 1105 of title 31, United States fense may be credited to accounts of the Depart- ment of Defense that has a center-fire cartridge Code, and each annual budget request there- ment of Defense that are current when the re- and a United States military nomenclature des- after, shall include separate budget justification funds are received and that are available for the ignation of ‘‘armor penetrator’’, ‘‘armor piercing documents for costs of United States Armed same purposes as the accounts originally (AP)’’, ‘‘armor piercing incendiary (API)’’, or Forces’ participation in contingency operations charged. ‘‘armor-piercing incendiary-tracer (API–T)’’, ex- for the Military Personnel accounts, the Over- SEC. 8102. (a) REGISTERING INFORMATION cept to an entity performing demilitarization seas Contingency Operations Transfer Fund, TECHNOLOGY SYSTEMS WITH DOD CHIEF INFOR- services for the Department of Defense under a the Operation and Maintenance accounts, and MATION OFFICER.—None of the funds appro- contract that requires the entity to demonstrate the Procurement accounts: Provided, That these priated in this Act may be used for a mission to the satisfaction of the Department of Defense budget justification documents shall include a critical or mission essential information tech- that armor piercing projectiles are either: (1)

VerDate 11-MAY-2000 05:28 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 6333 E:\CR\FM\A17JY7.082 pfrm02 PsN: H17PT1 H6114 CONGRESSIONAL RECORD — HOUSE July 17, 2000 rendered incapable of reuse by the demilitariza- the same status as other Native Americans who of 1994 (Public Law 103–454; 108 Stat. 4792; 25 tion process; or (2) used to manufacture ammu- are eligible for the health care services provided U.S.C. 479a–1). nition pursuant to a contract with the Depart- by the Indian Health Service. SEC. 8116. Of the amounts appropriated in the ment of Defense or the manufacture of ammuni- (b) The Department of Defense is authorized Act under the heading ‘‘Research, Development, tion for export pursuant to a License for Perma- to develop a consultation policy, consistent with Test and Evaluation, Defense-Wide’’, $51,000,000 nent Export of Unclassified Military Articles Executive Order No. 13084 (issued May 14, 1998), shall be available for the purpose of adjusting issued by the Department of State. with Native Hawaiians for the purpose of assur- the cost-share of the parties under the Agree- SEC. 8105. Notwithstanding any other provi- ing maximum Native Hawaiian participation in ment between the Department of Defense and sion of law, the Chief of the National Guard the direction and administration of govern- the Ministry of Defence of Israel for the Arrow Bureau, or his designee, may waive payment of mental services so as to render those services Deployability Program. all or part of the consideration that otherwise more responsive to the needs of the Native Ha- SEC. 8117. The Secretary of Defense shall fully would be required under 10 U.S.C. 2667, in the waiian community. identify and determine the validity of health case of a lease of personal property for a period (c) For purposes of this section, the term ‘‘Na- care contract liabilities, requests for equitable not in excess of 1 year to any organization spective Hawaiian’’ means any individual who is a adjustment, and claims for unanticipated health ified in 32 U.S.C. 508(d), or any other youth, so- descendant of the aboriginal people who, prior care contract costs: Provided, That the Sec- cial, or fraternal non-profit organization as may to 1778, occupied and exercised sovereignty in retary of Defense shall establish an equitable be approved by the Chief of the National Guard the area that now comprises the State of Ha- and timely process for the adjudication of Bureau, or his designee, on a case-by-case basis. waii. claims, and recognize actual liabilities during SEC. 8106. Notwithstanding any other provi- SEC. 8111. None of the funds appropriated or the Department’s planning, programming and sion of law, that not more than 35 percent of otherwise made available by this Act or any budgeting process: Provided further, That not funds provided in this Act, may be obligated for other Act may be made available for reconstruc- later than March 1, 2001, the Secretary of De- environmental remediation under indefinite de- tion activities in the Republic of Serbia (exclud- fense shall submit a report to the congressional livery/indefinite quantity contracts with a total ing the province of Kosovo) as long as Slobodan defense committees on the scope and extent of contract value of $130,000,000 or higher. Milosevic remains the President of the Federal health care contract claims, and on the action (TRANSFER OF FUNDS) Republic of Yugoslavia (Serbia and Monte- taken to implement the provisions of this sec- negro). SEC. 8107. Of the funds made available under tion: Provided further, That nothing in this sec- SEC. 8112. In addition to the amounts provided the heading ‘‘Operation and Maintenance, Air tion should be construed as congressional direc- elsewhere in this Act, the amount of $7,500,000 is Force’’, $10,000,000 shall be transferred to the tion to liquidate or pay any claims that other- hereby appropriated for ‘‘Operation and Main- Department of Transportation to enable the Sec- wise would not have been adjudicated in favor tenance, Defense-Wide’’, to be available, not- retary of Transportation to realign railroad of the claimant. withstanding any other provision of law, only track on Elmendorf Air Force Base and Fort SEC. 8118. Funds available to the Department for a grant to the United Service Organizations Richardson. of Defense for the Global Positioning System Incorporated, a federally chartered corporation SEC. 8108. None of the funds appropriated by during the current fiscal year may be used to under chapter 2201 of title 36, United States this Act shall be used for the support of any fund civil requirements associated with the sat- Code. The grant provided for by this section is nonappropriated funds activity of the Depart- ellite and ground control segments of such sys- in addition to any grant provided for under any ment of Defense that procures malt beverages tem’s modernization program. other provision of law. (INCLUDING TRANSFER OF FUNDS) and wine with nonappropriated funds for resale SEC. 8113. Of the funds made available in this (including such alcoholic beverages sold by the Act under the heading ‘‘Operation and Mainte- SEC. 8119. Of the amounts appropriated in this drink) on a military installation located in the nance, Defense-Wide’’, up to $5,000,000 shall be Act under the heading, ‘‘Operation and Mainte- United States unless such malt beverages and available to provide assistance, by grant or oth- nance, Defense-Wide’’, $115,000,000 shall remain wine are procured within that State, or in the erwise, to public school systems that have unavailable until expended: Provided, That not- case of the District of Columbia, within the Dis- usually high concentrations of special needs withstanding any other provision of law, the trict of Columbia, in which the military installa- military dependents enrolled: Provided, That in Secretary of Defense is authorized to transfer tion is located: Provided, That in a case in selecting school systems to receive such assist- such funds to other activities of the Federal which the military installation is located in ance, special consideration shall be given to Government. more than one State, purchases may be made in school systems in States that are considered SEC. 8120. (a) REPORT TO THE CONGRESSIONAL any State in which the installation is located: overseas assignments. DEFENSE COMMITTEES.—Not later than May 1, Provided further, That such local procurement SEC. 8114. In addition to the amounts provided 2001, the Secretary of Defense shall submit to requirements for malt beverages and wine shall elsewhere in this Act, the amount of $5,000,000 is the congressional defense committees a report on apply to all alcoholic beverages only for military hereby appropriated for ‘‘Operation and Main- work-related illnesses in the Department of De- installations in States which are not contiguous tenance, Defense-Wide’’, to be available, not- fense workforce, including the workforce of De- with another State: Provided further, That alco- withstanding any other provision of law, only partment contractors and vendors, resulting holic beverages other than wine and malt bev- for a grant to the High Desert Partnership in from exposure to beryllium or beryllium alloys. erages, in contiguous States and the District of Academic Excellence Foundation, Inc., for the (b) PROCEDURE, METHODOLOGY, AND TIME PE- Columbia shall be procured from the most com- purpose of developing, implementing, and evalu- RIODS.—To the maximum extent practicable, the petitive source, price and other factors consid- ating a standards and performance based aca- Secretary shall use the same procedures, meth- ered. demic model at schools administered by the De- odology, and time periods in carrying out the SEC. 8109. During the current fiscal year, partment of Defense Education Activity. work required to prepare the report under sub- under regulations prescribed by the Secretary of SEC. 8115. (a) IN GENERAL.—Notwithstanding section (a) as those used by the Department of Defense, the Center of Excellence for Disaster any other provision of law, the Secretary of the Energy to determine work-related illnesses in Management and Humanitarian Assistance may Air Force may convey at no cost to the Air the Department of Energy workforce associated also pay, or authorize payment for, the expenses Force, without consideration, to Indian tribes with exposure to beryllium or beryllium alloys. of providing or facilitating education and train- located in the States of North Dakota, South To the extent that different procedures, method- ing for appropriate military and civilian per- Dakota, Montana, and Minnesota relocatable ology, and time periods are used, the Secretary sonnel of foreign countries in disaster manage- military housing units located at Grand Forks shall explain in the report why those different ment, peace operations, and humanitarian as- Air Force Base and Minot Air Force Base that procedures, methodology, or time periods were sistance: Provided, That not later than April 1, are excess to the needs of the Air Force. used, why they were appropriate, and how they 2001, the Secretary of Defense shall submit to (b) PROCESSING OF REQUESTS.—The Secretary differ from those used by the Department of En- the congressional defense committees a report of the Air Force shall convey, at no cost to the ergy. regarding the training of foreign personnel con- Air Force, military housing units under sub- (c) REPORT ELEMENTS.—The report shall in- ducted under this authority during the pre- section (a) in accordance with the request for clude the following: ceding fiscal year for which expenses were paid such units that are submitted to the Secretary (1) A description of the precautions used by under the section: Provided further, That the by the Operation Walking Shield Program on the Department of Defense and its contractors report shall specify the countries in which the behalf of Indian tribes located in the States of and vendors to protect their current employees training was conducted, the type of training North Dakota, South Dakota, Montana, and from beryllium-related disease. conducted, and the foreign personnel trained. Minnesota. (2) Identification of elements of the Depart- SEC. 8110. (a) The Department of Defense is (c) RESOLUTION OF HOUSING UNIT CON- ment of Defense and of contractors and vendors authorized to enter into agreements with the FLICTS.—The Operation Walking Shield program to the Department of Defense that use or have Veterans Administration and federally-funded shall resolve any conflicts among requests of In- used beryllium or beryllium alloys in production health agencies providing services to Native Ha- dian tribes for housing units under subsection of products for the Department of Defense. waiians for the purpose of establishing a part- (a) before submitting requests to the Secretary of (3) The number of employees (or, if an actual nership similar to the Alaska Federal Health the Air Force under paragraph (b). number is not available, an estimate of the num- Care Partnership, in order to maximize Federal (d) INDIAN TRIBE DEFINED.—In this section, ber of employees) employed by each of the De- resources in the provision of health care services the term ‘‘Indian tribe’’ means any recognized partment of Defense elements identified under by federally-funded health agencies, applying Indian tribe included on the current list pub- paragraph (2) that are or were exposed during telemedicine technologies. For the purpose of lished by the Secretary of Interior under section the course of their Defense-related employment this partnership, Native Hawaiians shall have 104 of the federally Recognized Indian Tribe Act to beryllium, beryllium dust, or beryllium fumes.

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(4) A characterization of the amount, fre- sional defense committees a report assessing the (TRANSFER OF FUNDS) quency, and duration of exposure for employees adequacy of testing to date to measure and pre- SEC. 8133. The Secretary of the Navy may identified under paragraph (3). dict performance of F–22 avionics systems, transfer funds from any available Department (5) Identification of the actual number of in- stealth characteristics, and weapons delivery of the Navy appropriation to any available stances of acute beryllium disease, chronic be- systems. Navy ship construction appropriation for the ryllium disease, or beryllium sensitization that SEC. 8125. (a) The total amount expended by purpose of liquidating necessary ship cost have been documented to date among employees the Department of Defense for the F–22 aircraft changes for previous ship construction programs of the Department of Defense and its contrac- program (over all fiscal years of the life of the appropriated in law: Provided, That the Sec- tors and vendors. program) for engineering and manufacturing retary may transfer not to exceed $300,000,000 (6) The estimated cost if the Department of development and for production may not exceed under the authority provided by this section: Defense were to provide workers’ compensation $58,028,200,000. The amount provided in the pre- Provided further, That the funding transferred benefits comparable to benefits provided under ceding sentence shall be adjusted by the Sec- shall be available for the same time period as the Federal Employees Compensation Act to em- retary of the Air Force in the manner provided the appropriation from which transferred: Pro- ployees, including former employees, of Govern- in section 217(c) of Public Law 105–85 (111 Stat. vided further, That the Secretary may not ment organizations, contractors, and vendors 1660). This section supersedes any limitation transfer any funds until 30 days after the pro- who have contracted beryllium-related diseases. previously provided by law on the amount that posed transfer has been reported to the Commit- (7) The Secretary’s recommendations on may be obligated or expended for engineering tees on Appropriations of the Senate and the whether compensation for work-related illnesses and manufacturing development under the F–22 House of Representatives: Provided further, in the Department of Defense workforce, includ- aircraft program and any limitation previously That the transfer authority provided by this sec- ing contractors and vendors, is justified or rec- provided by law on the amount that may be ob- tion is in addition to any other transfer author- ommended. ligated or expended for the F–22 production pro- ity contained elsewhere in this Act. (8) Legislative proposals, if any, to implement gram. SEC. 8134. In addition to amounts appro- the Secretary’s recommendations under para- (b) The provisions of subsection (a) apply dur- priated elsewhere in this Act, $2,100,000 is here- graph (7). ing the current fiscal year and subsequent fiscal by appropriated to the Department of Defense: SEC. 8121. Of the amounts made available in years. Provided, That the Secretary of Defense shall title II of this Act for ‘‘Operation and Mainte- SEC. 8126. Notwithstanding any other provi- make a grant in the amount of $2,100,000 to the nance, Army’’, $1,900,000 shall be available only sion in this Act, the total amount appropriated National D-Day Museum. for the purpose of making a grant to the San in this Act under Title IV for the Ballistic Mis- SEC. 8135. In addition to amounts appro- Bernardino County Airports Department for the sile Defense Organization (BMDO) is hereby re- priated elsewhere in this Act, $5,000,000 is here- installation of a perimeter security fence for duced by $14,000,000 to reflect a reduction in by appropriated to the Department of Defense: that portion of the Barstow-Daggett Airport, system engineering, program management, and Provided, That the Secretary of the Army shall California, which is used as a heliport for the other support costs. make available a grant of $5,000,000 only to the National Training Center, Fort Irwin, Cali- SEC. 8127. The Ballistic Missile Defense Orga- Chicago Public Schools for conversion and ex- fornia, and for installation of other security im- nization and its subordinate offices and associ- pansion of the former Eighth Regiment National provements at that airport. ated contractors, including the Lead Systems Guard Armory (Bronzeville). SEC. 8122. The Secretary of Defense may dur- Integrator, shall notify the congressional de- SEC. 8136. In addition to the amounts provided ing the current fiscal year and hereafter carry fense committees 15 days prior to issuing any elsewhere in this Act, the amount of $10,000,000 out the activities and exercise the authorities type of information or proposal solicitation is hereby appropriated for ‘‘Operation and provided under the demonstration program au- under the NMD Program with a potential an- Maintenance, Navy’’, to accelerate the disposal thorized by section 9148 of the Department of nual contract value greater than $5,000,000 or a and scrapping of ships of the Navy Inactive Defense Appropriations Act, 1993 (Public Law total contract value greater than $30,000,000. Fleet and Maritime Administration National De- fense Reserve Fleet: Provided, That the Sec- 102–396; 106 Stat. 1941). SEC. 8128. Up to $3,000,000 of the funds appro- retary of the Navy and the Secretary of Trans- SEC. 8123. (a) Not later than 90 days after the priated under the heading, ‘‘Operation and date of the source selection for the Interim Ar- Maintenance, Navy’’ in this Act for the Pacific portation shall develop criteria for selecting mored Vehicle program (also referred to as the Missile Range Facility may be made available to ships for scrapping or disposal based on their Family of Medium Armored Vehicles program), contract for the repair, maintenance, and oper- potential for causing pollution, creating an environmental hazard and cost of storage: Pro- the Secretary of the Army shall submit to the ation of adjacent off-base water, drainage, and vided further, That the Secretary of the Navy congressional defense committees a detailed re- flood control systems critical to base operations. and the Secretary of Transportation shall report port on that program. The report shall include SEC. 8129. In addition to amounts appro- to the congressional defense committees no later the following: priated elsewhere in this Act, $20,000,000 is here- than June 1, 2001 regarding the total number of (1) The required research and development by appropriated to the Department of Defense: vessels currently designated for scrapping, and cost for each variant of the Interim Armored Ve- Provided, That the Secretary of Defense shall the schedule and costs for scrapping these ves- hicle to be procured and the total research and make a grant in the amount of $20,000,000 to the sels. development cost for the program. National Center for the Preservation of Democ- SEC. 8137. Section 8106 of the Department of (2) The major milestones for the development racy for the renovation of buildings and for Defense Appropriations Act, 1997 (titles I other purposes to assist in carrying out the in- program for the Interim Armored Vehicle pro- through VIII of the matter under subsection tent of 50 U.S.C. App. 1989. gram. 101(b) of Public Law 104–208; 110 Stat. 3009–111, (3) The production unit cost of each variant of SEC. 8130. Of the funds made available under 10 U.S.C. 113 note) shall continue in effect to the Interim Armored Vehicle to be procured. the heading ‘‘Operation and Maintenance, Air apply to disbursements that are made by the De- (4) The total procurement cost of the Interim Force’’, not less than $7,000,000 shall be made partment of Defense in fiscal year 2001. Armored Vehicle program. available by grant or otherwise, to the North SEC. 8138. PRIVACY OF INDIVIDUAL MEDICAL (b) The Chairman of the Joint Chiefs of Staff Slope Borough, to provide assistance for health RECORDS. None of the funds provided in this Act shall submit to the congressional defense com- care, monitoring and related issues associated shall be used to transfer, release, disclose, or mittees a report (in both classified and unclassi- with research conducted from 1955 to 1957 by the otherwise make available to any individual or fied versions) on the joint warfighting require- former Arctic Aeromedical Laboratory. entity outside the Department of Defense for SEC. 8131. None of the funds appropriated in ments to be met by the new medium brigades for any non-national security or non-law enforce- this Act under the heading ‘‘Overseas Contin- the Army. The report shall describe any adjustment purposes an individual’s medical records ments made to operational plans of the com- gency Operations Transfer Fund’’ may be trans- without the consent of the individual. manders of the unified combatant commands for ferred or obligated for Department of Defense SEC. 8139. Of the amount available under title use of those brigades. The report shall be sub- expenses not directly related to the conduct of II under the heading ‘‘OPERATION AND MAINTE- mitted at the time that the President’s budget overseas contingencies: Provided, That the Sec- NANCE, DEFENSE-WIDE’’, $1,000,000 shall be for fiscal year 2002 is transmitted to Congress. retary of Defense shall submit a report no later available only for continuation of the Middle SEC. 8124. None of the funds made available in than thirty days after the end of each fiscal East Regional Security Issues program. this Act or the Department of Defense Appro- quarter to the Committees on Appropriations of SEC. 8140. Of the funds available in title II priations Act, 2000 (Public Law 106–79) may be the Senate and House of Representatives that under the heading ‘‘OPERATION AND MAINTE- used to award a full funding contract for low- details any transfer of funds from the ‘‘Overseas NANCE, DEFENSE-WIDE’’, $20,000,000 may be rate initial production for the F–22 aircraft pro- Contingency Operations Transfer Fund’’: Pro- available for information security initiatives: gram until— vided further, That the report shall explain any Provided, That, of such amount, $5,000,000 is (1) the first flight of an F–22 aircraft incor- transfer for the maintenance of real property, available for the Institute for Defense Computer porating Block 3.0 software has been conducted; pay of civilian personnel, base operations sup- Security and Information Protection of the De- (2) the Secretary of Defense certifies to the port, and weapon, vehicle or equipment mainte- partment of Defense, and $15,000,000 is available congressional defense committees that all De- nance. for the Information Security Scholarship Pro- fense Acquisition Board exit criteria for the SEC. 8132. In addition to amounts made avail- gram of the Department of Defense. award of low-rate initial production of the air- able elsewhere in this Act, $1,000,000 is hereby SEC. 8141. In addition to the amounts appro- craft have been met; and appropriated to the Department of Defense to be priated or otherwise made available in this Act, (3) upon completion of the requirements under available for payment to members of the uni- $5,000,000, to remain available until September (1) and (2) above, the Director of Operational formed services for reimbursement for manda- 30, 2001, is hereby appropriated to the Depart- Test and Evaluation submits to the congres- tory pet quarantines as authorized by law. ment of Defense: Provided, That the Secretary

VerDate 11-MAY-2000 07:04 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 6333 E:\CR\FM\A17JY7.088 pfrm02 PsN: H17PT1 H6116 CONGRESSIONAL RECORD — HOUSE July 17, 2000 of Defense shall make a grant in the amount of filiate thereof, that holds a Federal Communica- San Bernardino v. United States, pending as of $5,000,000 to the American Red Cross for Armed tions Commission license in the personal commu- July 1, 2000, in the United States District Court Forces Emergency Services. nications service as of the date of enactment of for the Central District of California (C.D. Cal. SEC. 8142. Of the amounts appropriated under this section and has either paid for such license Case No. CV 96–8867). title II under the heading ‘‘Operation and in full or has complied with the payment sched- SEC. 8157. The Secretary of Defense may Maintenance, Defense-Wide’’, $2,000,000 may be ules for such license shall be permitted to trans- transfer, at no cost, the title/ownership of the made available, subject to the enactment of au- fer or assign without penalty such license to alloying material being stored at the Brownfield thorizing legislation, for the Bosque Redondo any transferee or assignee. No economic pen- site in Bethlehem, Pennsylvania to the Beth- Memorial in accordance with the provisions of alties shall apply to any transfer or assignment lehem Development Corporation: Provided, That title II of the bill S. 964 of the 106th Congress, authorized under this section. Any amounts the net proceeds from the disposition of the ma- as passed the Senate on November 19, 1999. owed to the United States for the initial grant of terials are only for redevelopment of the SEC. 8143. Of the funds provided within title I such licenses shall become immediately due and Brownfield site. of this Act, such funds as may be necessary payable upon the consummation of any such SEC. 8158. In addition to amounts provided in shall be available for a special subsistence al- transfer or assignment. Any application for this Act, $2,000,000 is hereby appropriated for lowance for members eligible to receive food such a transfer or assignment shall be deemed ‘‘Defense Health Program’’, to remain available stamp assistance, as authorized by law. granted if not denied by the Commission within for obligation until expended: Provided, That SEC. 8144. Section 8093 of the Department of 90 days of the date on which it was initially notwithstanding any other provision of law, Defense Appropriations Act, 2000 (Public Law filed. Any provision of law or regulation to the these funds shall be available only for a grant 106–79; 113 Stat. 1253) is amended by striking contrary is hereby amended.’’. to the Fisher House Foundation, Inc., only for subsection (d), relating to a prohibition on the SEC. 8150. For purposes of implementing sec- the construction and furnishing of additional use of Department of Defense funds to procure tion 206(b) of H. Con. Res. 290 (106th Congress), Fisher Houses to meet the needs of military fam- a nuclear-capable shipyard crane from a foreign the limits provided in section 302(a)(3)(A) of the ily members when confronted with the illness or source. Congressional Budget Act of 1974 shall not hospitalization of an eligible military bene- SEC. 8145. Notwithstanding any other provi- apply with respect to fiscal year 2001. ficiary. sion of law— SEC. 8151. (a) DESIGNATION.—The consolidated SEC. 8159. The Office of Economic Adjustment (1) from amounts made available for Research, operations center planned for construction at may amend a grant awarded in 1998 to the Com- Development, Test and Evaluation, Air Force in Redstone Arsenal, Huntsville, Alabama, to monwealth of Pennsylvania for Industrial Mod- this Act and the Department of Defense Appro- house the Army’s Space and Missile Defense ernization of Philadelphia Shipyard for the pur- priations Act, 2000 (Public Law 106–79), an ag- Command and for other purposes, shall be pose of undertaking community economic ad- gregate amount of $99,700,000 (less any propor- known and designated as the ‘‘Wernher von justment activities to provide for the acquisition tional general reduction required by law and Braun Complex’’. of equipment that would further the overall pur- any reduction required for the Small Business (b) REFERENCES.—Any reference in a law, pose of the grant: Provided, That such amend- Innovative Research program) shall be available map, regulation, document, paper, or other ment shall not increase the grant period or the only for the B–2 Link 16/Center Instrument Dis- record of the United States to the complex re- total amount of the grant award and shall be play/In-Flight Replanner program; and ferred to in subsection (a) shall be deemed to be deemed, for all purposes, to be within the scope (2) the Secretary of the Air Force shall not be a reference to the ‘‘Wernher von Braun Com- of the original grant. required to obligate funds for potential termi- plex’’. SEC. 8160. The appropriation under the head- nation liability in connection with the B–2 Link SEC. 8152. Of the funds provided in this Act ing ‘‘Defense Reinvestment for Economic 16/Center Instrument Display/In-Flight Re- under the heading ‘‘Research, Development, Growth’’ in the Supplemental Appropriations planner program. Test and Evaluation, Defense-Wide’’ for the Pa- Act of 1993 (Public Law 103–50) is amended by SEC. 8146. Notwithstanding any other provi- cific Disaster Center, $300,000 shall be made striking ‘‘that date’’ and inserting ‘‘December 1, sion of law, not less than $233,637,000 of the available for a grant, to be awarded not later 2004’’: Provided, That the amendment, made by funds provided in this Act shall be available than 60 days after enactment of this Act, to the this section shall be effective as of July 2, 1993. only for the Airborne Laser program. Circum-Pacific Council for the Crowding the (INCLUDING TRANSFER OF FUNDS) SEC. 8147. (a) IN GENERAL.—Section 106 of title Rim Summit Initiative. SEC. 8161. In addition to the amounts appro- 38, United States Code, is amended by adding at SEC. 8153. Upon enactment of this Act, the De- priated elsewhere in this Act, $2,000,000, to re- the end the following new subsection: partments of Commerce, Justice, and State, the main available until expended, is hereby appro- ‘‘(f) Service as a member of the Alaska Terri- Judiciary, and Related Agencies Appropriations priated to the Department of Defense: Provided, torial Guard during World War II of any indi- Act, 2000 (as enacted into law by section That not later than October 15, 2000, the Sec- vidual who was honorably discharged therefrom 1000(a)(1) of Public Law 106–113) is amended retary of Defense shall transfer these funds to under section 8147 of the Department of Defense under the heading ‘‘Small Business Administra- the Department of Energy appropriation ac- Appropriations Act, 2001, shall be considered action, Business Loans Program Account’’ in the count ‘‘Fossil Energy Research and Develop- tive duty for purposes of all laws administered first paragraph by striking ‘‘Provided, That of ment’’, only for a proposed conceptual design by the Secretary.’’. the total provided, $6,000,000 shall be available study to examine the feasibility of a zero emis- (b) DISCHARGE.—(1) The Secretary of Defense only for the cost of guaranteed loans under the sions, steam injection process with possible ap- shall issue to each individual who served as a New Markets Venture Capital program and plications for increased power generation effi- member of the Alaska Territorial Guard during shall become available for obligation only upon ciency, enhanced oil recovery and carbon se- World War II a discharge from such service authorization of such program by the enactment questration. under honorable conditions if the Secretary de- of subsequent legislation in fiscal year 2000:’’. SEC. 8162. Section 104 of the Emergency Sup- termines that the nature and duration of the SEC. 8154. In addition to amounts appro- plemental Appropriations Act, 2000 (in title I, service of the individual so warrants. priated elsewhere in this Act, $1,650,000 is here- chapter 1, of division B of Public Law 106–246) (2) A discharge under paragraph (1) shall des- by appropriated to the Department of Defense, is amended to read as follows: after ‘‘Procure- ignate the date of discharge. The date of dis- only for a competitively awarded grant to a ment of Weapons and Tracked Combat Vehicles, charge shall be the date, as determined by the medical research institution for research among Army’’, insert the following: ‘‘, to remain avail- Secretary, of the termination of service of the persons who served on active duty in the South- able for obligation until September 30, 2002,’’. individual concerned as described in that para- west Asia theater of operations during the Per- SEC. 8163. Notwithstanding any other provi- graph. sian Gulf War on (1) the possible health effect sion in this Act, the total amount appropriated (c) PROHIBITION ON RETROACTIVE BENEFITS.— of exposure to low levels of hazardous chemi- in this Act is hereby reduced by $71,367,000, to No benefits shall be paid to any individual for cals, including chemical warfare agents and reduce cost growth in consulting and advisory any period before the date of the enactment of other substances, and (2) the individual suscep- services and other contract growth, to be distrib- this Act by reason of the enactment of this sec- tibility of humans to such exposure under envi- uted as follows: tion. ronmentally controlled conditions. ‘‘Operation and Maintenance, Army’’, SEC. 8148. UNITED STATES-CHINA SECURITY SEC. 8155. In addition to the amounts appro- $20,000,000; REVIEW COMMISSION. Subject to authorization, priated elsewhere in this Act, $2,000,000, to re- ‘‘Operation and Maintenance, Navy’’, there are hereby appropriated, out of any funds main available until expended, is hereby appro- $10,000,000; in the Treasury not otherwise appropriated, priated to the Department of Defense: Provided, ‘‘Operation and Maintenance, Marine $3,000,000, to remain available until expended, That notwithstanding any other provision of Corps’’, $367,000; and to the United States-China Security Review law, the Secretary of Defense shall make avail- ‘‘Operation and Maintenance, Air Force’’, Commission for fiscal year 2001 to carry out its able a grant of $2,000,000 to the Oakland Mili- $41,000,000. functions. tary Institute, Oakland, California. SEC. 8164. Notwithstanding any other provi- SEC. 8149. Section 1621 of Public Law 92–204 SEC. 8156. In addition to the amounts provided sion in this Act, the total amount appropriated (43 U.S.C. 1621), the Alaska Native Claims Set- elsewhere in this Act, the amount of $10,000,000 in this Act is hereby reduced by $92,700,000, to tlement Act, as amended, is further amended by is hereby appropriated for ‘‘Operation and reduce excess funded carryover, to be distributed inserting at the end the following: Maintenance, Army’’ and shall be available to as follows: ‘‘(m) LICENSES HELD BY ALASKA NATIVE RE- the Secretary of the Army, notwithstanding any ‘‘Operation and Maintenance, Army’’, GIONAL CORPORATIONS.—An Alaska Native re- other provision of law, only to be provided as a $40,500,000; and gional corporation organized pursuant to the grant to the City of San Bernardino, California, ‘‘Operation and Maintenance, Air Force’’, Alaska Native Claims Settlement Act, or an af- contingent on the resolution of the case City of $52,200,000.

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SEC. 8165. Notwithstanding any other provi- ‘‘Operation and Maintenance, Army’’, JOINT EXPLANATORY STATEMENT sion in this Act, the total amount appropriated $50,000,000; in this Act is hereby reduced by $159,076,000, to ‘‘Operation and Maintenance, Navy’’, The managers on the part of the House and reduce growth in headquarters and administra- $162,000,000 (of which $20,000,000 is for aviation the Senate at the conference on the dis- tive activities, to be distributed as follows: depot maintenance and $142,000,000 for ship agreeing votes of the two Houses on the ‘‘Operation and Maintenance, Army’’, depot maintenance); amendment of the Senate to the bill (H.R. $56,700,000; ‘‘Operation and Maintenance, Marine 4576), making appropriations for the Depart- ‘‘Operation and Maintenance, Navy’’, Corps’’, $22,000,000. ment of Defense for the fiscal year ending $12,376,000; and (ii) For readiness spares kits, $45,000,000, only September 30, 2001, and for other purposes, ‘‘Operation and Maintenance, Air Force’’, for ‘‘Operation and Maintenance, Air Force’’. submit the following joint statement to the $90,000,000. (iii) For real property maintenance, House and the Senate in explanation of the SEC. 8166. Of the amounts provided in title II $250,000,000, as follows: effect of the action agreed upon by the man- of this Act, the following account is hereby re- ‘‘Operation and Maintenance, Army’’, agers and recommended in the accom- duced by the specified amount: $70,000,000; panying conference report. ‘‘Overseas Contingency Operations Transfer ‘‘Operation and Maintenance, Navy’’, Fund’’, $1,100,000,000. $70,000,000; The conference agreement on the Depart- TITLE IX ‘‘Operation and Maintenance, Marine ment of Defense Appropriations Act, 2001, in- ADDITIONAL FISCAL YEAR 2000 EMER- Corps’’, $40,000,000; and corporates some of the provisions of both the GENCY SUPPLEMENTAL APPROPRIA- ‘‘Operation and Maintenance, Air Force’’, House and Senate versions of the bill. The TIONS FOR THE DEPARTMENT OF DE- $70,000,000. language and allocations set forth in House FENSE (3) For the Defense Health Program, to remain Report 106–644 and Senate Report 106–298 The following sums are appropriated, out of available for obligation until September 30, 2001, should be complied with unless specifically any money in the Treasury not otherwise appro- $100,000,000. addressed in the accompanying bill and priated, to provide additional emergency supple- (b) EMERGENCY DESIGNATION.—The entire statement of the managers to the contrary. mental appropriations for the Department of amount made available in this section— Senate Amendment: The Senate deleted Defense for the fiscal year ending September 30, (1) is designated by the Congress as an emer- the entire House bill after the enacting 2000, and for other purposes, namely: gency requirement pursuant to section clause and inserted the Senate bill. The con- 251(b)(2)(A) of the Balanced Budget and Emer- DEPARTMENT OF DEFENSE—MILITARY ference agreement includes a revised bill. OPERATION AND MAINTENANCE gency Deficit Control Act of 1985, as amended; and DEFINITION OF PROGRAM, PROJECT, AND OVERSEAS CONTINGENCY OPERATIONS TRANSFER (2) shall be available only if the President ACTIVITY FUND transmits to the Congress an official budget re- (INCLUDING TRANSFER OF FUNDS) quest for $679,000,000, which includes designa- The conferees agree that for the purposes For an additional amount for the ‘‘Overseas tion of the entire amount of the request as an of the Balanced Budget and Emergency Def- Contingency Operations Transfer Fund’’, emergency requirement as defined in the Bal- icit Control Act of 1985 (Public Law 99–177) as $1,100,000,000, to remain available until ex- anced Budget and Emergency Deficit Control amended by the Balanced Budget and Emer- pended: Provided, That the Secretary of Defense Act of 1985, as amended. gency Deficit Control Reaffirmation Act of may transfer the funds provided herein only to SEC. 9002. Notwithstanding any other provi- 1987 (Public Law 100–119) and by the Budget appropriations for military personnel; operation sion of this Act, funds appropriated by this title, Enforcement Act of 1990 (Public Law 101–508), and maintenance accounts; procurement; re- or made available by the transfer of funds in the term program, project, and activity for search, development, test and evaluation; the this title, for intelligence activities are deemed to appropriations contained in this Act shall be Defense Health Program; and to working capital be specifically authorized by the Congress for defined as the most specific level of budget funds: Provided further, That the funds trans- purposes of section 504 of the National Security items identified in the Department of De- ferred shall be merged with and shall be avail- Act of 1947 (50 U.S.C. 414). able for the same purposes and for the same time fense Appropriations Act, 2001, the accom- This Act may be cited as the ‘‘Department of panying House and Senate Committee re- period, as the appropriation to which trans- Defense Appropriations Act, 2001’’. ports, the conference report and accom- ferred: Provided further, That the transfer au- And the Senate agree to the same. panying joint explanatory statement of the thority provided in this paragraph is in addition JERRY LEWIS, managers of the Committee of Conference, to any other transfer authority available to the BILL YOUNG, the related classified annexes and reports, Department of Defense: Provided further, That JOE SKEEN, upon a determination that all or part of the DAVE HOBSON, and the P–1 and R–1 budget justification doc- funds transferred from this appropriation are HENRY BONILLA, uments as subsequently modified by Con- not necessary for the purposes provided herein, GEORGE R. NETHERCUTT, gressional action. The following exception to such amounts may be transferred back to this Jr., the above definition shall apply: appropriation: Provided further, That the entire ERNEST J. ISTOOK, Jr., For the Military Personnel and the Oper- amount is designated by the Congress as an RANDY ‘‘DUKE’’ emergency requirement pursuant to section ation and Maintenance accounts, the term CUNNINGHAM, ‘‘program, project, and activity’’ is defined 251(b)(2)(A) of the Balanced Budget and Emer- JAY DICKEY, as the appropriations accounts contained in gency Deficit Control Act of 1985, as amended: RODNEY FRELINGHUYSEN, the Department of Defense Appropriations Provided further, That the entire amount shall JOHN P. MURTHA, Act. At the time the President submits his be available only to the extent that an official NORMAN D. DICKS, budget request for a specific dollar amount, that MARTIN OLAV SABO, budget for fiscal year 2002, the conferees di- includes designation of the entire amount of the JULIAN C. DIXON, rect the Department of Defense to transmit request as an emergency requirement as defined PETER J. VISCLOSKY, to the congressional defense committees by such Act, is transmitted by the President to JAMES P. MORAN, budget justification documents to be known the Congress. Managers on the Part of the House. as the ‘‘M–1’’ and ‘‘O–1’’ which shall identify, GENERAL PROVISIONS—THIS TITLE TED STEVENS, at the budget activity, activity group, and SEC. 9001. (a) In addition to amounts appro- THAD COCHRAN, subactivity group level, the amounts re- priated or otherwise made available for the De- ARLEN SPECTER, quested by the President to be appropriated partment of Defense elsewhere in this Act, the PETE V. DOMENICI, to the Department of Defense for operation Department of Defense Appropriations Act, 2000 CHRISTOPHER S. BOND, and maintenance in any budget request, or (Public Law 106–79), and the Emergency Supple- MITCH MCCONNELL, amended budget request, for fiscal year 2002. mental Act, 2000 (division B of Public Law 106– RICHARD C. SHELBY, 246), there is hereby appropriated to the Depart- JUDD GREGG, CONGRESSIONAL SPECIAL INTEREST ITEMS ment of Defense $679,000,000, as follows: KAY BAILEY HUTCHISON, The conferees direct that projects for (1) For military personnel accounts, to remain DANIEL K. INOUYE, which funds are provided as indicated in the available for obligation until September 30, 2001, ERNEST HOLLINGS, tables or paragraphs of the Conference Re- $50,000,000, only for ‘‘Military Personnel, ROBERT C. BYRD, Navy’’. PATRICK J. LEAHY, port in any appropriation account are special (2) For operation and maintenance accounts, FRANK R. LAUTENBERG, interest items for the purpose of preparation to remain available for obligation until Sep- TOM HARKIN, of the DD Form 1414. The conferees also di- tember 30, 2001, $529,000,000, as follows: BYRON L. DORGAN, rect that the funding adjustments outlined (i) For depot-level maintenance and repair, RICHARD J. DURBIN, in the tables shall be provided only for the $234,000,000, as follows: Managers on the Part of the Senate. specific purposes outlined in the table.

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ITEMS ADDRESSED IN SUPPLEMENTAL ACTS The recently passed Military Construction Appropriations Act, 2001 (Public Law 106–246), included the Emergency Supplemental Act, 2000 for the Department of Defense. This Supplemental addressed shortfalls in military personnel, recruiting, advertising, and retention by providing a total of $134,400,000 in the Military Personnel accounts, and $373,000,000 in the Operation and Maintenance accounts. In this Act, the conferees have agreed to include a total of $50,000,000 for ‘‘Military Personnel, Navy’’, also designated as emergency supplemental appropriations in Title IX of this Act. PERSONNEL UNDEREXECUTION SAVINGS The conferees recommended a total reduction of $243,800,000 to the Active Military Personnel accounts due to lower than budgeted fiscal year 2000 end strengths, and differences in the actual grade mix of officers and enlisted recommended in the budget request. The General Accounting Office estimates that the active components will have approximately 3,500 fewer personnel on board to begin fiscal year 2001, and as a result, the fiscal year 2001 pay and allowances requirements for personnel are incorrect and the budgets overstated.

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ADDITIONAL READINESS FUNDING TO ADDRESS SERVICE SHORTFALLS The conferees note that, in addition to the funding recommended in title II of this Act, the conference agreement includes additional fiscal year 2000 emergency supplemental appropriations in title IX, reflecting critical readiness shortfalls identified by the Chiefs of the Military Departments and addressed by the House during its consideration of H.R. 1398 (Emergency Supplemental Appropriations for fiscal year 2000). These emergency appropriations include $529,000,000 in the services’ Operation and Maintenance accounts, including $234,000,000 for depot maintenance, $250,000,000 for real property maintenance, and $45,000,000 for readiness spares kits. OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND The conferees direct the Secretary of Defense to provide the Appropriations Committees and the General Accounting Office reports identifying contingency related expenses no later than 30 days after the end of each month for which contingency costs are incurred. BIOMETRICS INFORMATION ASSURANCE The Conferees include in this Title of the bill $7,000,000 for Army, $3,000,000 for Navy, and $3,000,000 for Air Force, and include $12,000,000 in Title III of the bill for Army, all to support the efforts of Army as Executive Agent to lead, consolidate, and coordinate all biometrics information assurance programs of the Department of Defense (DoD), pursuant to the June 12, 2000 United States Army Report on the Bio- metrics Project (Report) prepared at the request of the Committees on Appropriations, and direct that the near-term and long-term implementation plan defined in the Report be implemented. Recognizing the concerns expressed in the Report and elsewhere regarding social and legal issues associated with the uses of biometrics in the Government and private sectors, the Conferees support a comprehensive, in-depth legal and social assessment of the issues associated with the current and near-term uses of biometrics in the United States, to include plans for long-term monitoring of human biometrics uses, which are expected to increase substantially, and further recommend that this assessment be initiated as soon as practicable, pursuant to the Report. To reduce lease costs and to support operating capability of the Biometrics Fusion Center by Fiscal Year (FY) 2004, the Conference recommended that the funds appropriated for this program in FY 2000 be made available immediately to develop specifications and requirements, not later than June 30, 2001, for the acquisition, via lease, of space suitable for the Biometrics Fusion Center Final Operating Capa- bility in acordance with the Report.

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INTEGRATED TRAINING AREA MANAGEMENT sidies. The Army shall provide this report to ried downwind of the burn/detonation sites. The conferees understand that com- the Appropriations Committees no later The Army is directed to study potential al- manders are consistently reporting reduced than September 15, 2000. ternative closed disposal technologies that ITAM funding as a training readiness issue INDUSTRIAL PREPAREDNESS do not release into the atmosphere and to re- in the Monthly Readiness Report. Therefore, The conferees do not agree to reductions as port to Congress no later than September 30, the conferees recommend an increase of proposed in the House and Senate versions of 2001 on the possibility of phasing out OB/OD $5,100,000 for ITAM and direct the Army to the bill to the Industrial Preparedness sub- in favor of closed disposal methods. The re- realign additional resources in order to fully activity group in Operation and Mainte- port should include a review of technologies fund the ITAM program. nance, Army. currently in existence and under development and assess the cost and feasibility of TACTICAL MISSILE MAINTENANCE AIR BATTLE CAPTAIN constructing facilities employing those tech- Of the amount provided for Operation and The conferees direct to the Secretary of nologies. Maintenance, Army, specifically depot main- the Army to submit to the Appropriations tenance, the conferees direct that $48,300,000 Committees a detailed recruitment plan, MEDIUM GENERAL PURPOSE TENTS be applied to Army Tactical Missile Depot specifically addressing the Air Battle Cap- The conferees direct that $14,000,000 of the Maintenance requirements, to include tain program, within sixty days of enact- funds provided for Operation and Mainte- ground support equipment, at its organic ment of the conference report. public depots. nance, Army be made available only for the ENHANCED SKILLS TRAINING PROGRAM purpose of meeting prospective requirements REAL PROPERTY MAINTENANCE The conferees understand that the Army for modular general purpose tents (MGPT) The conferees observe that the Army has has decided to terminate the Enhanced associated with wartime and other mobiliza- reallocated $1,100,000,000 of its operational Skills Training Program (ESTP) for students tions as described in the report accom- training funds during fiscal years 1997 at Historically Black colleges and Univer- panying the House-passed Department of De- through 1999, and failed to meet tank mile sities (HBCU) and to replace it with a dis- fense Appropriations bill for fiscal year 2001. training goals by an average of 20 percent. tance learning program. Because of the his- The conferees also note that the Department The Army cites that training resources were toric role that HBCU’s have played in inte- has refused to fully obligate previously ap- moved to other operation and maintenance grating the Army, the conferees direct the propriated funds for the program, citing a programs such as real property maintenance. Army to maintain through fiscal year 2001 lack of firm direction from the Congress. The conferees have provided significant real the ESTP as configured during fiscal year The conferees therefore believe it necessary property maintenance and Quality of Life 2000. To better understand the benefits of to clarify their strong support for the MGPT Enhancement resources to the Army for fis- ESTP, the conferees directs the Army to pro- program, and direct the Secretary of the cal year 2001, and expects the service to exe- vide a report to the congressional defense Army to expend the full amount of Operation cute the training plan and budget proposed committees not later than October 1, 2000, on and Maintenance, Army funds designated for in the budget request. The conferees direct its long term plans for its partnership with MGPT in the fiscal year 2000 Department of the Army to allocate real property mainte- HBCU’s in preparing students for the Army. Defense Conference Report without further nance resources, by major command, at lev- OPEN BURN/OPEN DISPOSAL PRACTICES delay. els not less than those provided in Senate The conferees are aware of public concern TACONY WAREHOUSE SITE Report 106–298. regarding possible health risks to civilian UNDERUTILIZED PLANT CAPACITY populations associated with the open burn- The conferees direct that of the funds pro- The conferees are aware that the Office of ing/open detonation (OB/OD) of munitions vided in Operation and Maintenance, Army, the Secretary of Defense has directed the and equipment at Army depots at various lo- $5,000,000 shall be available only to demolish Army to study the scale and capacity of the cations in the U.S. Most of these risks are the Army’s Tacony Warehouse depot site arsenals and ammunition plants, in an effort believed to be associated with airborne owned by Fort Dix in Philadelphia, Pennsyl- to mitigate the need for further cash sub- gases, particles and other contaminants car- vania.

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ENHANCED SAFETY IN DEPARTMENT OF DEFENSE bility of restoring current and previously ir- CENTER OF EXCELLENCE FOR DISASTER INDUSTRIAL FACILITIES rigated lands around the perimeter (‘‘Green- MANAGEMENT AND HUMANITARIAN ASSISTANCE Public Law 106–79 directed the Department belt’’) of Fallon Naval Air Station, Nevada, The conferees recommend $5,000,000 for the to initiate programs that improved safety to its natural ecological condition. Further, Center for Excellence for Disaster Manage- practices at DOD facilities. The conferees the conferees understand that the Com- again urge the Department to undertake mander, NAS Fallon, has consulted with the ment and Humanitarian Assistance. Within measures to improve the safety of work con- Army Corps of Engineers concerning their these funds, $960,000 is to fund the Casualty ditions at DOD industrial facilities. No later expertise in similar efforts. The conferees di- Care Research Center. The Committee ex- than December 1, 2000, the Secretary of De- rect, as the Secretary of the Navy strives to pects the Centers to work collaboratively to fense shall submit to the congressional de- eliminate the need for irrigation to the provide disaster response services in domes- fense committees a report regarding the fea- ‘‘Greenbelt’’, consistent with aircrew safety tic, international, military and civilian set- sibility of establishing pilot programs at and the direction provided in Public Law 101– tings. maintenance depots and public shipyards to 618, that the Navy continue to cooperate RESTORATION OF USS TURNER JOY improve worker safety. The report shall in- with the Army Corps of Engineers to study clude proposals, to include any requisite leg- the most expedient methods to achieve this The conferees direct the Navy to cooperate islative language, for employing gain shar- non-agricultural, non-irrigated state in the with the Bremerton Naval Memorial and His- ing incentives for the procurement of profes- ‘‘Greenbelt’’ lands. The conferees direct that toric Ships Association in the repair of the sional safety services. of the funds available to the Department of USS Turner Joy. Of the funds available for FALLON NAS GREENBELT the Navy under the heading Operation and Operation and Maintenance, Navy, $750,000 The conferees understand that the navy Maintenance, Navy, $100,000 shall be avail- shall be available for the maintenance and has conducted studies to determine the feasi- able to expedite the study described above. repair of the USS Turner Joy.

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NEW ENERGY SAVING TECHNOLOGY The conferees are aware of the unique energy savings and anticorrosion properties of Ambient Temperature Cure (ATC) Glass coatings for air-conditioning systems. The conference agreement includes $500,000 in Operation and Maintenance, Air Force funding for the 6th Civil Engineering Squadron located at MacDill Air Force Base, Florida, for an energy demonstration of ATC glass coating technology as a follow- on to its initial testing of this technology on air conditioning systems. Accordingly, the conferees direct the Air Force to conduct a before and after test and evaluation of energy savings of ATC glass coated air conditioning-systems, at MacDill Air Force Base, over a three-month period. The evaluation shall measure and document energy consumption and provide comment regarding effectiveness on existing air-conditioning units of varying ages and levels of corrosion. The Secretary of the Air Force shall provide the results of this testing to the House and Senate Committees on Appropriations not later than April 1, 2001. CONTAMINANT AIR PROCESSING SYSTEM The conferees commend the Secretary of the Air Force for standardizing mission-critical equipment that allows Air Force personnel to be effectively processed after contact with biological, chemical and nuclear agents. The conferees encourage the Secretary to use existing funds to continue implementation of standardized contaminant air processing systems (CAPS) throughout Air Force installations.

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CIVIL/MILITARY PROGRAMS The conferees recommend a total of $103,000,000 for the Department’s civil/military programs for fiscal year 2001 as shown below. The conferees direct the Department to report to the Committees on Appropriations on the status of the obligation of these funds not later than April 15, 2001.

[In thousands of dollars] FAMILY ADVOCACY impact aid program currently being executed National Guard Youth Challenge The conferees recommend $2,000,000 for the by the Department of Defense for schools Program ...... $62,500 Department of Defense Dependents Edu- heavily impacted by military dependents. Innovative Readiness Training cation account, only for enhancements to NORTHERN EDGE Program ...... 30,000 Family Advocacy programs for at-risk Starbase Program ...... 10,000 youth. The Conferees direct the Secretary of De- Youth Development and Leader- fense to transfer funds from the CJCS exer- ship Program ...... 500 IMPACT AID PROGRAM cise fund to the service operation and main- The conferees recommend a total of tenance accounts to cover the incremental Total ...... 103,000 $30,000,000 only for the continuation of the cost of this exercise.

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VerDate 11-MAY-2000 08:58 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00140 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.103 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6195

C–130 OPERATIONS The conferees recommend a total of $5,000,000 for personnel and operation and maintenance costs to support Air National Guard C–130 operational support aircraft and those stand-alone aircraft currently utilized by selected States. OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND The conferees agree to provide $3,938,777,000 for the Overseas Contingency Operations Transfer Fund. This amount provides for continuing operations in and around Bosnia, Kosovo and Southwest Asia adjusted for unanticipated changes in the number of troops supporting these operations. The conferees included a general provision which reduces the available funding for overseas contingency operations. The conferees recognize that current levels of deployed forces committed to peacekeeping operations may be reduced during fiscal year 2001. To ensure that current operations are uninterrupted if force levels and commitments are unchanged, the conference agreement provides sufficient emergency funding for overseas contingencies. UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES The conference agreement provides $8,574,000 for the United States Court of Appeals for the Armed Forces. ENVIRONMENTAL RESTORATION, ARMY The conference agreement provides $389,932,000 for Environmental Restoration, Army. ENVIRONMENTAL RESTORATION, NAVY The conference agreement provides $294,038,000 for Environmental Restoration, Navy. ENVIRONMENTAL RESTORATION, AIR FORCE The conference agreement provides $376,300,000 for Environmental Restoration, Air Force. FORMER SOVIET UNION THREAT REDUCTION The conference agreement provides $443,400,000 for the Former Soviet Union Threat Reduction program.

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VerDate 11-MAY-2000 08:58 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00143 Fmt 4634 Sfmt 8634 E:\CR\FM\A17JY7.104 pfrm02 PsN: H17PT1 H6198 CONGRESSIONAL RECORD — HOUSE July 17, 2000

VerDate 11-MAY-2000 08:58 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00144 Fmt 4634 Sfmt 8634 E:\CR\FM\A17JY7.104 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6199 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE The conference agreement provides $21,412,000 for Environmental Restoration, Defense-Wide. ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES The conference agreement provides $231,499,000 for Environmental Restoration, Formerly Used Defense Sites. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID The conference agreement provides $55,900,000 for Overseas Humanitarian, Disaster, and Civic Aid. FOREIGN MILITARY SALES In 1999, the Department of Defense signed a multi-year contract for the E–2C program. The E–2C multi-year contract assumed a total E–2C purchase which included both Department of the Navy and international aircraft deliveries in future years. The negotiated price for the Navy aircraft reflected the assumption that the international sales would be successfully completed in the future years. This process raises serious concerns that the Department of Defense might negotiate future multi-year contracts with sales prices that presume Congres- sional approval of potential international sales in future years. Such a practice is unacceptable and would violate the intent and spirit of the Foreign Military Sales notification and approval process. The conferees direct that any future multi-year contracts shall reflect pricing which assumes only the U.S. military procurement quantities. The Department of Defense is expressly prohibited from negotiating any multi-year contracts which include quantities and pricing that reflect foreign military sales yet to be approved by the Congress. INFORMATION ASSURANCE The House recommended a net increase of $150,000,000 over the President’s budget for selected information assurance and computer network security programs. The conferees endorse the high priority given this effort by the House and recommended a net increase of over $150,000,000 for specific information assurance initiatives, to include: $35,000,000 to purchase hardware and software applications to monitor computer networks for suspicious activity; $19,000,000 for new digital secure phones to replace the outdated STU–III; $18,600,000 to accelerate the DOD’s Public Key Infrastructure (PKI) program; $16,400,000 for information security awareness, education and training; $15,000,000 for the Information Security Scholarship Program; $10,000,000 to ensure security capabilities are built into new cell phones, rather than retrofitting them later at a significantly higher cost; $10,000,000 for information operations vulnerability analysis; $5,000,000 to examine the use of information operations against certain critical target sets; $5,000,000 for the Institute for Defense Computer Security and Information Protection; $3,000,000 for additional basic (6.1) research into information assurance; and $26,000,000 for USARPAC C4I and Information Assurance. The conferees expect the Department to execute these funds in a coordinated manner, and where possible, to make use of existing institutions and training programs to ensure the maximum benefit from these resources. The conferees understand that even these investments will be of limited value if the software used by the Department has been designed with intentional weaknesses to permit future unauthorized access. The conferees expect the Department to carefully consider the origin of all software used in developing or upgrading information technology or national security systems. TELECOMMUNICATIONS INFRASTRUCTURE UPGRADES The conferees believe that additional cost savings could be realized if DOD tenant agencies would include their telecommunications infrastructure upgrades with those of the parent installation and thus achieve the benefits of economies of scale. The conferees therefore direct DOD agencies that are located on Army, Navy and Air Force installations to coordinate their infrastructure upgrades with those of the installation where they reside.

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FORWARD LOOKING INFRARED DEVICES subsequently changed. The conferees are gration second generation FLIR and the pro- The Horizontal Technology Integration concerned that the change in requirements posed aviation FLIR upgrade. The conferees second generation forward looking infrared may not result in a significant increase in further direct that none of the funds in this (FLIR) is being fielded on the M1A2 Abrams performance that would outweigh the advan- Act may be obligated for an Apache FLIR tank system enhancement program, M2A3 tages of commonality between air and land upgrade that is not common with the FLIR Bradley Fighting Vehicle, and the long range systems in areas such as unit cost, improved for ground systems unless the Secretary of advanced scout surveillance system. It met logistics support, and life cycle cost savings. the Army submits a report to the congres- the original Apache helicopter FLIR require- The conferees direct the Army to perform a sional defense committees which justifies a ments for the proposed upgrade to the AH–64 cost-benefit analysis, using the original and requirement for a unique FLIR for airborne Apache target acquisition designation sight/ revised aviation FLIR requirements, which applications and demonstrates that it is af- pilot night vision system, which the Army compares the Horizontal Technology Inte- fordable compared to a common system.

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COMBAT SEARCH AND RESCUE AIRCRAFT The conferees note that the Air Force has decided to consider several different aircraft for its combat search and rescue mission, including such existing products as the EH–101 helicopter. The conferees understand that the Navy may be considering alternative to either extend the life of or replace the existing MH–53E helicopters used in the Vertical Onboard Delivery and the dedicated Airborne Mine counter- measures missions. The conferees believe that any such analysis should follow a similar competitive process as used by the Air Force, to ensure that the Navy takes advantage of all existing operational designs to obtain the best rotorcrafts available for those missions.

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HIGH PERFORMANCE COMPUTING MODERNIZATION The conferees have provided $79,978,000 for the High Performance Computing Modernization Program, an increase of $40,000,000 above the budget request amount. The conferees direct that $30,000,000 of the increased amount shall be available only for the modernization of the computing equipment at an existing supercomputing center purchased with research, development, test and evaluation funds. DEFENSE PRODUCTION ACT The conferees agree to provide a total of $3,000,000 for the Defense Production Act account. Of this amount $2,000,000 is only for microwave power tubes and $1,000,000 is only for the Wireless Vibration Sensor Supplier Initiative.

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ITEMS OF SPECIAL INTEREST The conferees agree that each of the Chiefs of the Reserve and National Guard components should exercise control of modernization funds provided in this account including aircraft and aircraft modernization. The conferees further agree that separate submissions of a detailed assessment of its modernization priorities by the component commanders is required to be submitted to the defense committees. The conferees expect the component commanders to give priority consideration to the following items: multiple launch rocket system (MLRS), Paladin, onboard oxygen generating system field evaluation for the Air National Guard, LITENING II targeting pod system, SINCGARS radios, F16 SADL ‘‘D’’, Bradley Fighting Vehicles upgrades, F15 BOL systems, HMMWV Striker Vehicles, support equipment for Patriot missile air defense battalions, Heavy Expanded Mobility Tactical Truck for MLRS units, Army tank recovery vehicle program, fire fighting trucks for Air Guard, air traffic control landing system (ATCALS), maneuver control system, construction equipment service life extension program, family of medium tactical vehicles, C130J procurement, A10 upgrades, F15 E-kit upgrades, F16 BLK 42 engine modification kits, Precision Attack Targeting System (PATS), simulators for Norwich Army, master cranes, modular command post system, laser marksmanship, UH60/UH1 flight simulators, F16 modernization, standard integrated command post system (SICPS), situational awareness data link, KC135 multi-point refueling, Naval Construction Force Communications Equipment, and C212 STOL fixed wing aircraft. Night Vision PVS–7, CH–47 Internal Crashworthy Fuel Cells, Blackhawk External Fuel Tanks, Multi-Purpose Range Targetry Electronics, Armored Security Vehicle, Controlled Environmental Storage Shelters, DRFTP, Quadruple Containers, Pallet Containers, C–141 8.33 Khz Radios, HC130 FLIR (AAQ–22), HH–60 SATCOM (AN/ARC–210 Radios), CH–53 Aircrew Procedures Trainer Flight Simulator, CH–46 Aircrew Procedures Training Flight Simulator, A–10 Lightweight Airborne Recovery System, C–130 ALR–69 Radar Warning Receiver, HC–130 Armor, Scope Shield II Tactical Radios, F–16 Helmet Mounted Cueing System, Mobile Chemical Agent Detector, Multi-Mission Patrol Craft, COTS, DFIRST, A/OA–10, AN/AAQ–29 CH–53E FLIR, P–3C Update III BMUP, RAID Electro-Optical/Infrared Sensor Upgrade Program, CH–47 Fuel tanks, and AFIST XXI.

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VerDate 11-MAY-2000 09:31 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00265 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.108 pfrm02 PsN: H17PT1 H6320 CONGRESSIONAL RECORD — HOUSE July 17, 2000

INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE (ISR) BATTLE MANAGEMENT The conferees are aware that the Air Force desires to initiate a program called the Intelligence, Surveillance, and Reconnaissance (ISR) Battle Management. The ISR Battle Management is an effort to extend required ISR command and control functions now resident in the Distributed Common Ground System to the Air Operations Center. This program was not identified in the fiscal year 2001 budget request. However, the conferees believe this effort should be initiated and the House and Senate Committees on Appropriations would expeditiously consider a reprogramming request of up to $7,500,000 for this effort. DISCOVERER II After careful consideration, the conferees direct that the Discoverer II program be terminated. To move forward in a more cost-effective manner, the conferees have provided $30,000,000 to the National Reconnaissance Office to undertake steps to further develop and mature low cost electronically scanned array radar technologies for space applications. The conferees further directed the continued participation of the Defense Advanced Research Projects Agency in these efforts. The Director of the National Reconnaissance Office, in consultation with the Director of the Defense Advanced Research Projects Agen- cy, shall submit a program plan for the development, testing and application of technologies funded under this revised initiative. The conferees direct that none of the funds provided may be used to develop a stand-alone satellite demonstrator. JOINT EJECTION SEAT PROGRAM The conferees are concerned about the Defense Department’s management of the Joint Ejection Seat Program, including the failure to complete a memorandum of agreement between the Navy and the Air Force concerning operation of the joint program. The conferees have deleted all funds for DoD’s separate program to develop the K–36 seat. The conferees have provided a total of $20,689,000 only for the Joint Ejection Seat Program. The conferees direct that the Department of Defense conduct a full and open competition among any and all candidate seats under this program, with no arbitrary restrictions applied by DoD to limit the competition. The conferees direct that no contract award for the joint ejection seat program using funds provided in fiscal year 2000 be made until 30 days after the Secretary of Defense submits a program plan for the Joint Ejection Seat Program as required by the Department of De- fense Appropriations Act, 2000. This program plan should address all specific applications for the ejection seat or ejection seat technology developed under the JESP. Further, the report should specifically address the cost and commonality benefits of using any JESP-developed seat in the Joint Strike Fighter (JSF). None of the funds appropriated in fiscal years 2000 or 2001 may be obligated until the Secretaries of the Navy and Air Force certify to the congressional defense committees that a joint program office is in place to manage the program in a manner which fairly meets both services’ requirements. The conferees reiterate that the objective of the Joint Ejection Seat Program is to completely qualify at least two modern and safe ejection seats for potential use in existing and future tactical aircraft. LIFE SUPPORT SYSTEMS The conferees have provided an increase of $4,000,000 only for the ACES II ejection seat. These funds are provided only to complete development and testing on discrete modifications of existing ACES II seats to provide digital sequencing capability and to accommodate higher weight individuals. It is not the conferees’ intent to fund any activity in this program that would give an unfair advantage to a bidder for the Joint Ejection Seat program.

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FOCUS PROGRAM The conferees support the semiconductor Focus Center Program in university research as it moves into full-scale operation. The conferees urge the Department to include funding for this program as it is currently planned in the POM so that the Department may gain the benefits of this highly leveraged long-term research. INFORMATION TECHNOLOGY CENTER The conferees have provided $20,000,000 only for the Joint Information Technology Center Initiative. These funds shall be available only to establish two, Pacific-based Information Technology Centers (ITC’s). These centers allow DoD to integrate and implement the many successful logistics and personnel initiatives underway throughout the Department of Defense. The centers will process the wide range and volume of information essential to the day-to-day operations of our military personnel and defense civilians. The centers will allow DoD to eliminate legacy systems and to upgrade to more capable and more flexible information technology tools. The conferees direct that the Secretary of Defense provide a report to the congressional defense committees no later than May 1, 2001, which outlines DoD’s plan for proceeding with the establishment of these centers. COMMERCIAL MAPPING AND VISUALIZATION TOOLKIT The conferees agree to provide a total of $6,000,000 over the request for the National Imagery and Mapping Agency (NIMA) Commercial Mapping and Visualization Toolkit. Of these funds $3,000,000 is for upgrades and $3,000,000 is for visualization and bomb blast for force protection. The conferees anticipate that NIMA will pursue all avenues of fair and open competition for the acquisition of the Commercial Map- ping and Visualization Toolkit. NIMA OMNIBUS CONTRACT PROGRAM The National Imagery and Mapping Agency (NIMA) has been required to begin using Architectural and Engineering contracting procedures for all production contracts. This has lead to the development of the ‘‘Omnibus Contract’’ program, allowing NIMA to replace 67 individual production contracts with one contract vehicle for all geospatial information and imagery intelligence requirements. The conferees agree that the omnibus contract program is a special congressional interest item. The conferees understand that NIMA plans to continue efforts for the Shuttle Radar Topography data reduction program and the Fea- ture Foundation DATA program. The conferees strongly support NIMA’s efforts to fully fund these important projects in fiscal year 2001 and beyond.

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VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00284 Fmt 4634 Sfmt 8634 E:\CR\FM\A17JY7.111 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6339 TITLE V—REVOLVING AND MANAGEMENT FUNDS The conferees agree to the following amounts for Revolving and Management Funds programs: [In thousands of dollars]

Budget House Senate Conference

Defense Working Capital Funds ...... 916,276 916,276 916,276 916,276 National Defense Sealift Fund ...... 388,158 400,658 388,158 400,658 National Defense Airlift Fund ...... 2,890,923 2,840,923

Total, Revolving and Management Funds ...... 1,304,434 1,316,934 4,195,357 4,157,857

DEFENSE WORKING CAPITAL FUNDS The conferees agree to provide $916,276,000 for the Defense Working Capital Fund. NATIONAL DEFENSE SEALIFT AND AIRLIFT FUNDS The appropriation for the ‘National Defense Sealift Fund’ provides funds for the lease, operation, and supply of prepositioning ships; operation of the Ready Reserve Force; acquisition of large medium speed roll-on/roll-off ships for the Military Sealift Command; and acquisition of ships for the Ready Reserve Force. The budget includes $258,000,000 for Ready Reserve Force and $130,158,000 for acquisition activities in fiscal year 2001. The conferees have agreed to an expansion of this account to recognize the fact that sea and air mobility are essential ingredients in the Department of Defense’s force projection capability. Thus, the conferees have recommended renaming this account to create the ‘Na- tional Defense Mobility Fund’ account. This new account will incorporate the existing ‘National Defense Sealift Fund’ account and establish the ‘National Defense Airlift Fund’ account. In addition to providing an increase of $12,500,000 to the budget request amount for the ‘National Defense Sealift Fund’ the conference recommendation also provides an increase of $2,840,923,000 for the ‘National Defense Airlift Fund.’ This recommendation includes $2,428,723,000 for the acquisition of 12 C–17 aircraft and advance procurement for the fiscal year 2002 purchase of 15 DC–17 aircraft. Further, the increase includes $412,200,000 for the interim contractor support of the existing C–17 fleet. The conferees have directed that the C–17 procurement and fleet support programs continue without any interruption during fiscal year 2001. The conferees have included appropriate legislative authority to permit the transfer of these funds for the continuation of C–17 acquisition and support. The conferees direct that the Department of Defense budget for all future C–17 procurement and support costs within the National De- fense Airlift Fund. The conferees direct that future budget documents for the NDAF should conform to the requirements for other DoD procurement accounts including the content and format of budget exhibits, reprogramming thresholds among procurement, advanced procurement, and interim contractor support line items, application of the procurement full funding policy, and Congressional notification for changes in quantity. TITLE VI—OTHER DEPARTMENT OF DEFENSE PROGRAMS The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Conference

Defense Health Program ...... 11,600,429 12,143,029 12,130,179 12,117,779 Chemical Agents and Munitions Destruction, Army ...... 1,003,500 927,100 979,400 980,100 Drug Interdiction and Counter-Drug Activities, Defense ...... 836,300 812,200 933,700 869,000 Office of the Inspector General ...... 147,545 147,545 147,545 147,545

Total, Other Department of Defense Programs ...... 13,587,774 14,029,874 14,190,824 14,114,424

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00285 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.112 pfrm02 PsN: H17PT1 H6340 CONGRESSIONAL RECORD — HOUSE July 17, 2000

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00286 Fmt 4634 Sfmt 8634 E:\CR\FM\A17JY7.113 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6341

THE DOD/DVA DISTANCE LEARNING PILOT PROJECT The conferees are pleased with the progress report on the DoD/DVA Distance Learning pilot project to transition clinical nurse special- ists to the role of nurse practitioners. It is noted that 27 students graduated from the first virtual advanced program and 35 new students have been admitted for the second class of distance learning. The conferees encourage further refinement of this program as requirements develop. PEER REVIEWED MEDICAL RESEARCH PROGRAM The conferees have provided $50,000,000 for a Peer Reviewed Medical Research Program. The conferees direct the Secretary of Defense, in conjunction with the service Surgeons General, to establish a process to select medical research projects of clear scientific merit and direct relevance to military health. Such projects could include: acute lung injury research, arthropod transmitted infectious diseases, biological hazard detection system/ bio-sensor microchip, CAT scan technology for lung cancer, childhood asthma, Dengue fever vaccine, digital mammography imaging, freeze dried platelets, Fungi Free (a topical anti-fungal agent effective in mitigating onychomycosis), Gulf War illness research, health system information technology, health care informatics, human imaging institute/magnetoencephalography laboratory, medical surgery technology, medical records management, microsurgery and robotic surgery research, molecular biology for cancer research, neural mechanisms of chronic fatigue syndrome, obesity related disease prevention especially for minorities, Padget’s disease, quantum optics, remote emergency medicine ultrasound, smoking cessation, social work research, tissue regeneration for combat casualty care, Venus 3–D technology program, and vitamin D research. The conferees direct the Department to provide a report to the Congressional Defense Committees by March 1, 2001, on the status of this Peer Reviewed Medical Research Program, to include the corresponding funds provided in previous fiscal years. ADDITIONAL DEFENSE HEALTH PROGRAM FUNDING TO ADDRESS SHORTFALLS In addition to recommending sizable funding increases for the Defense Health Program for fiscal year 2001 over current year levels, the conferees note that the recently enacted Emergency Supplemental Appropriations Act for fiscal year 2000 (Public Law 106–246) included over $1.3 billion to address other critical shortfalls confronting the military health care system. Of this amount, $615,600,000 was provided explicitly to finance existing contract claims for fiscal years 1998–2000 against the Department’s TRICARE managed care system. An additional $695,900,000 was provided in section 107 of P.L. 106–246 to address other known DHP funding difficulties. The conferees express their intent that the section 107 funds be used by the Secretary of Defense and the service Surgeons Generals, in conjunction with the funds provided in this conference agreement, to meet the most critical of the remaining outstanding DHP funding needs. These may include financing additional TRICARE contract claims (such as those forecast for fiscal year 2001), unfunded requirement associated with the operations of military treatment facilities, and other needs as identified by the Secretary of Defense and the service Surgeons General. The conferees further note that in this conference agreement, they have with one exception deferred action on explicitly providing funds for any proposed expansion or modification of the medical benefit for service members and military retirees which would require changes in existing law through the congressional authorization process. The conference agreement does provide funding for an improved pharmacy benefit for military retirees, including those over 65, in recognition of the fact that both the House and Senate-passed versions of the fiscal year 2001 National Defense Authorization Act each provide for this initiative, albeit in differing fashions. The conferees have been advised by both the Secretary of Defense and the Office of Management and Budget that the potential fiscal year 2001 costs of this improved benefit, which was not requested in the President’s budget, could be $200,000,000. The conferees recommend addressing this by providing a fiscal year 2001 appropriation of $100,000 for an improved pharmacy benefit in the Defense Health Program appropriation. Title IX of the conference agreement provides an additional $100,000,000 in contingent emergency appropriations, subject to release only if the President submits a budget request pursuant to existing law. The conferees believes this approach strikes the necessary balance needed to ensure that, if authorized, adequate funding has been made available for this important initiative.

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00287 Fmt 4634 Sfmt 8634 E:\CR\FM\A17JY7.113 pfrm02 PsN: H17PT1 H6342 CONGRESSIONAL RECORD — HOUSE July 17, 2000

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00288 Fmt 4634 Sfmt 8634 E:\CR\FM\A17JY7.114 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6343

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00289 Fmt 4634 Sfmt 8634 E:\CR\FM\A17JY7.114 pfrm02 PsN: H17PT1 H6344 CONGRESSIONAL RECORD — HOUSE July 17, 2000

T–AGOS SUPPORT their findings to the defense committees no Nevada to expand operations into southern later than March 30, 2001. Nevada. The conferees agree to provide $15,026,000 for T–AGOS support. The conferees are NATIONAL GUARD COUNTER-DRUG SUPPORT CAPER FOCUS The conferees continue to receive reports aware that changing drug trafficking pat- The conferees agree to provide an addi- terns in the Transit Zone have altered the on the positive contribution of Operation tional $20,000,000 to the budget request for Caper Focus to drug interdiction efforts. De- original operational concept of using T– National Guard Counter-drug Support and to AGOS ships to detect and monitor aircraft spite this, Caper Focus continues to be vir- concur with language contained in Senate tually ignored in the budget submission. The and ships smuggling illegal drugs into the report 106–298 regarding future budget sub- conferees direct the Department to provide United States and that other methods exist missions for this project. sufficient funding for this initiative in the to accomplish this mission. The conferees di- Out of the funding provided in the ‘‘Drug fiscal year 2002 budget submission. rect the Department to analyze the oper- Interdiction and Counter-drug Activities, OFFICE OF THE INSPECTOR GENERAL ational effectiveness of the currently config- Defense’’ account, the conferees direct that The conferees agree to provide $147,545,000 ured T–AGOS ships to determine if their con- $1,000,000 be provided above its state alloca- for the Office of the Inspector General. Of tribution to the counter-drug mission is the tion to the Florida National Guard to sup- this amount, $144,245,000 shall be for oper- most effective and cost efficient method to port a Port Security prototype project and ation and maintenance and $3,300,000 shall be accomplish transit zone surveillance and to that $2,000,000 above its state allocation be for procurement. provide a summary of suggested alternative provided to the Nevada National Guard to platforms or assets and their associated allow the Counter-Drug Reconnaissance and TITLE VII—RELATED AGENCIES costs. The Department is directed to report Interdiction Detachment unit in northern The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Conference

Intelligence Community Management Account ...... 137,631 224,181 177,331 148,631 Central Intelligence Agency Retirement & Disability System ...... 216,000 216,000 216,000 216,000 Payment to Kaho’olawe Island Conveyance, Remediation, and Environmental Restoration Fund ...... 25,000 25,000 60,000 60,000 National Security Education Trust Fund ...... 6,950 6,950 6,950 6,950

INTELLIGENCE COMMUNITY MANAGEMENT Conference Reserve Mobilization Income In- ACCOUNT Other Procurement, Air Force: surance Fund: Unused Balance 13,000,000 Details of the adjustments to this account Inflation Savings ...... 19,902,000 Procurement, Defense-Wide: In- The conferees included a general provision are addressed in the classified annex accom- (Section 8064) which amends language gov- panying this report. flation Savings ...... 6,683,000 Research, Development, Test and erning the procurement of ball and roller bearings, and vessel propellers from domes- TITLE VIII—GENERAL PROVISIONS Evaluation, Army: Inflation The conference agreement incorporates tic sources. Savings ...... 20,592,000 The conferees included a general provision general provisions of the House and Senate Research, Development, Test and (Section 8075) which amends language allow- versions of the bill which were not amended. Evaluation, Navy: Inflation Those general provisions that were amended ing the transfer of funds for the purpose of Savings ...... 35,621,000 Reserve peacetime support to community in conference follow: Research, Development, Test and The conferees included a general provision programs. Evaluation, Air Force: Inflation The conferees included a general provision (Section 8008) which amends language au- Savings ...... 53,467,000 (Section 8086) which amends Senate language thorizing multi-year procurements. Research, Development, Test and reducing funds available for titles III and IV The conferees included a general provision Evaluation, Defense-Wide: In- of this Act. (Section 8022) which amends language that flation Savings ...... 36,297,000 The conferees included a general provision appropriates funds authorized by the Indian Defense Health Program: Infla- (Section 8094) which amends language reduc- Financing Act of 1974. tion Savings ...... 808,000 ing amounts available for the military per- The conferees included a general provision Chemical Agents and Munitions sonnel and operation and maintenance ac- (Section 8053) which amends language au- Destruction, Army: Inflation counts by $856,900,000 due to favorable for- thorizing intelligence activities. Savings ...... 1,103,000 eign currency fluctuation. The conferees included a general provision Program Specific Reductions, Fiscal Year 1999 The conferees included a general provision (Section 8055) which amends language recom- Other Procurement, Army: R2000 (Section 8097) which amends Senate language mending rescissions. The rescissions agreed requiring the Department of Defense to sub- to are: Engine Flush System ...... 3,000,000 Aircraft Procurement, Air Force: mit certain budget justification materials in Revised Economic Estimates, Fiscal Year 2000 JSTARS (Contract Savings) ..... 12,300,000 support of the Overseas Contingency Oper- Other Procurement, Air Force: ations Transfer Fund. Conference The conferees included a general provision Aircraft Procurement, Army: In- RAPCON (Restructuring program) ...... 8,000,000 (Section 8102) which amends House language flation Savings ...... $7,000,000 requiring registration of mission critical or Missile Procurement, Army: In- Fiscal Year 2000 mission essential information technology flation Savings ...... 6,000,000 Procurement of Weapons and systems with the Department of Defense Procurement of Weapons and Tracked Combat Vehicles, Chief Information Officer, and requiring cer- Tracked Combat Vehicles, Army: tification of automated data systems; com- Army: Inflation Savings ...... 7,000,000 Command and Control Vehicle 4,000,000 pliance with the Clinger-Cohen Act. Procurement of Ammunition, Breacher System ...... 19,000,000 The conferees included a general provision Army: Inflation Savings ...... 5,000,000 Other Procurement, Army: (Section 8112) which amends Senate language Other Procurement, Army: Infla- SMART–T (Schedule Slip) ...... 29,300,000 appropriating $7,500,000 for the United Serv- tion Savings ...... 16,000,000 Aircraft Procurement, Navy: F/A– ices Organization. Aircraft Procurement, Navy: In- 18 E/F cost savings ...... 6,500,000 The conferees included a general provision flation Savings ...... 24,125,000 Aircraft Procurement, Air Force: (Section 8116) which amends Senate language Weapons Procurement, Navy: In- F–16 Advance Procurement ...... 24,000,000 earmarking funds for the Arrow flation Savings ...... 3,853,000 Missile Procurement, Air Force: Deployability Program. Procurement of Ammunition, ARMRAAM (Budget Error) ...... 6,192,000 The conferees included a general provision Navy and Marine Corps: Infla- Titan Launch Vehicle ...... 30,000,000 (Section 8117) which amends Senate language tion Savings ...... 1,463,000 Other Procurement, Air Force: requiring the Secretary of Defense to iden- Shipbuilding and Conversion, SMART-T (Schedule Slip) ...... 12,000,000 tify, report on, and adjudicate health care Navy: Inflation Savings ...... 19,644,000 RAPCON (Restructuring pro- contract claims. Other Procurement, Navy: Infla- gram) ...... 2,000,000 The conferees included a general provision tion Savings ...... 12,032,000 DCGS Communications Seg- (Section 8123) which amends House language Procurement, Marine Corps: In- ment Upgrade ...... 6,000,000 requiring certification that the Department flation Savings ...... 3,623,000 Research, Development, Test and of Defense program and budget for the In- Aircraft Procurement, Air Force: Evaluation, Army: terim Brigade Combat Teams. Inflation Savings ...... 32,743,000 WRAP (Unobligated balance) ... 10,000,000 The conferees included a general provision Missile Procurement, Air Force: Stinger Block II ...... 12,000,000 (Section 8126) which amends Senate language Inflation Savings ...... 5,500,000 Research, Development, Test and reducing funds for the Ballistic Missile De- Procurement of Ammunition, Air Evaluation, Air Force: C–130 fense Organization for certain overhead func- Force: Inflation Savings ...... 1,232,000 (Schedule Slip) ...... 30,000,000 tions.

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00290 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.115 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6345 The conferees included a general provision Brownfield site to Bethlehem Development services, as discussed earlier in this state- (Section 8127) which amends Senate language Corporation. ment under Title II, Operation and Mainte- requiring the Ballistic Missile Defense Orga- The conferees included a new general pro- nance. nization to notify the congress prior to vision (Section 8158) which appropriates Title IX includes $100,000,000 in contingent issuing any type of information or proposal $2,000,000 for the Defense Health Program for emergency appropriations for the Defense solicitation. the purpose of making a grant to the Fisher Health Program, as discussed earlier in this The conferees included a general provision House Foundation. statement under the Defense Health Pro- (Section 8129) which amends Senate language The conferees included a new general program. appropriating funds for the Center for the vision (Section 8159) which allows the office CONFERENCE TOTAL—WITH Preservation of Democracy. of Economic Adjustment to amend a grant COMPARISONS The conferees included a general provision for Industrial Modernization of the Philadel- The total new budget (obligational) au- (Section 8139) which amends Senate language phia Shipyard. thority for the fiscal year 2001 recommended earmarking funds for the Middle East Re- The conferees included a new general pro- by the Committee of Conference, with com- gional Security Issues program. vision (Section 8160) which extends the avail- parisons to the fiscal year 2000 amount, the The conferees included a general provision ability of funds appropriated under the head- 2001 budget estimates, and the House and (Section 8140) which amends Senate language ing Defense Reinvestment for Economic Senate bills for 2001 follow: earmarking funds for information security Growth in the Supplemental Appropriations [In thousands of dollars] initiatives. Act of 1993 (Public Law 103–50). The conferees included a general provision The conferees included a new general pro- New budget (obligational) (Section 8141) which amends Senate language vision (Section 8161) which provides $2,000,000 authority, fiscal year appropriating $5,000,000 for the American Red for a proposed conceptual design study to ex- 2000 ...... $273,503,522 Cross. amine the feasibility of a zero emissions, Budget estimates of new The conferees included a general provision steam injection process that has very prom- (obligational) authority, (Section 8142) which amends Senate language ising potential for increasing power genera- fiscal year 2001 ...... 284,500,986 House bill, fiscal year 2001 288,512,800 earmarking funds for the Bosque Redondo tion efficiency, enhanced oil recovery and Senate bill, fiscal year 2001 287,630,500 Memorial. carbon sequestration. These funds shall be Conference agreement, fis- The conferees included a general provision transferred not later than October 15, 2000, to cal year 2001 ...... 287,806,054 (Section 8145) which earmarks Research, De- the Fossil Energy Research and Development Conference agreement velopment, Test and Evaluation, Air Force program within the Department of Energy, compared with: funds for the B–2 Link 16/Center Instrument to pursue this study through its existing New budget (obliga- Display/In-Flight Replanner program. competitive process. tional) authority, fiscal The conferees included a new general pro- The conferees included a new general pro- year 2000 ...... +20,253,694 vision (Section 8146) which earmarks funds vision (Section 8162) which amends avail- Budget estimates of new for the Airborne Laser program. ability of funds provided in the Emergency (obligational) author- The conferees included a new general pro- Supplemental Appropriations Act, 2000, for ity, fiscal year 2001 ...... +3,305,069 vision (Section 8147) which amends section Procurement of Weapons and Tracked Com- House bill, fiscal year 106 of title 38 U.S.C. concerning the service bat Vehicles, Army. 2001 ...... ¥706,746 of the Alaska Territorial Guard. The conferees include a new general provi- Senate bill, fiscal year The conferees included a new general pro- sion (Section 8163) which reduces funds avail- 2001 ...... +175,554 vision (Section 8148) which appropriates able to several Operation and Maintenance Title IX—Fiscal Year $3,000,000 for the United States-China Secu- accounts by $71,367,000 due to growth in costs 2000 Supplementary ..... 1,779,000 rity Review Commission. associated with consulting and advisory JERRY LEWIS, The conferees included a new general pro- services and other contracts. BILL YOUNG, vision (Section 8149) which amends the Alas- The conferees included a new general pro- JOE SKEEN, ka Native Claims Settlement Act. vision (Section 8164) which reduces funds DAVE HOBSON, The conferees included a new general pro- available to several Operation and Mainte- HENRY BONILLA, vision (Section 8150) which modifies applica- nance accounts by $92,700,000 due to excess GEORGE R. NETHERCUTT, bility of the Congressional Budget Act of funded carryover. Jr., 1974. The conferees included a new general pro- ERNEST J. ISTOOK, Jr., The conferees included a new general provision (Section 8165) which reduces funds RANDY ‘‘DUKE’’ vision (Section 8151) which designates the available to several Operation and Mainte- CUNNINGHAM, planned consolidated operations center at nance accounts by $159,076,000 due to growth JAY DICKEY, Redstone Arsenal as the Wernher von Braun in the cost of headquarters and administra- RODNEY FRELINGHUYSEN, Complex. tive activities. JOHN P. MURTHA, The conferees included a new general pro- The conferees included a new general pro- NORMAN D. DICKS, vision (Section 8152) which earmarks funs in vision (Section 8166) which reduces funds MARTIN OLAV SABO, support of the Pacific Disaster Center. available for the Overseas Contingency Oper- JULIAN C. DIXON, The conference agreement includes section ations Transfer Fund by $1,100,000,000. 8153, which strikes a provision in the Depart- The conferees included a new title IX PETER J. VISCLOSKY, ments of Commerce, Justice, and State, the which provides additional emergency supple- JAMES P. MORAN, Judiciary and Related Agencies Appropria- mental appropriations for fiscal year 2000, Managers on the Part of the House. tions Act, 2000, earmarking funds under the for unmet military personnel and readiness TED STEVENS, Small Business Administration, Business requirements and potential military medical THAD COCHRAN, Loans Program Account, for the New Mar- program costs and contingency operations ARLEN SPECTER, kets Venture Capital program, subject to au- expenses. Funding in this title has been pro- PETE V. DOMENICI, thorization. By striking this provision, the vided as contingent emergency appropria- CHRISTOPHER S. BOND, conferees intend that the $6,000,000 originally tions, subject to emergency designation by MITCH MCCONNELL, earmarked for the New Markets Venture the President before any obligation of funds. RICHARD C. SHELBY, Capital program, which is not yet author- Title IX includes $1,100,000,000 in contin- JUDD GREGG, ized, shall instead be used for the 7(a) Gen- gent emergency appropriations for overseas KAY BAILEY HUTCHISON, eral Business Loan program in fiscal year contingency operations, as discussed earlier DANIEL K. INOUYE, 2000. in the statement of managers under title II, ERNEST HOLLINGS, The conferees included a new general pro- Operation and Maintenance. ROBERT C. BYRD, vision (Section 8154) which authorizes a Title IX also includes $50,000,000 in contin- PATRICK J. LEAHY, grant for the purpose of conducting research gent emergency appropriations for ‘‘Military FRANK R. LAUTENBERG, on health effects of low level exposure to Personnel, Navy’’, to meet requirements in TOM HARKIN, hazardous chemicals. the recruiting and retention of personnel. BYRON L. DORGAN, The conferees included a new general pro- The conferees direct that these funds shall RICHARD J. DURBIN, vision (Section 8155) which appropriates be distributed as follows: Managers on the Part of the Senate. $2,000,000 for the Oakland Military Institute. f The conferees included a new general pro- Enlistment Bonuses ...... $12,500,000 Selective Reenlistment Bo- vision (Section 8156) which provides nuses ...... 24,000,000 LEAVE OF ABSENCE $10,000,000 for Operation and Maintenance, Aviation Career Continu- Army contingent on resolution of the case By unanimous consent, leave of ab- ation Pay ...... 13,500,000 City of San Bernardino vs. United States. sence was granted to: The conferees included a new general pro- Title IX includes $529,000,000 in contingent Mr. ABERCROMBIE (at the request of vision (Section 8157) which allows the trans- emergency appropriations for unfunded read- Mr. GEPHARDT) for today on account of fer of alloying materials stored at the iness requirements identified by the military official business.

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00291 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.118 pfrm02 PsN: H17PT1 H6346 CONGRESSIONAL RECORD — HOUSE July 17, 2000 Ms. CARSON (at the request of Mr. 8615. A letter from the Congressional Re- Dairy Programs, Department of Agriculture, GEPHARDT) for today on account of offi- view Coordinator, Animal and Plant Health transmitting the Department’s final rule— cial business. Inspection Service, Department of Agri- Fluid Milk Promotion Order; Amendments culture, transmitting the Department’s final to the Order [DA–00–07] received June 7, 2000, Mr. MCNULTY (at the request of Mr. rule—Noxious Weeds; Update of Weed and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- GEPHARDT) for today on account of per- Seed Lists [Docket No. 99–064–2] received mittee on Agriculture. sonal reasons. May 26, 2000, pursuant to 5 U.S.C. 8626. A letter from the Associate Adminis- Mr. SMITH of Washington (at the re- 801(a)(1)(A); to the Committee on Agri- trator, Cotton Programs, Agricultural Mar- quest of Mr. GEPHARDT) for today and culture. keting Service, Department of Agriculture, the balance of the week on account of 8616. A letter from the Associate Adminis- transmitting the Department’s final rule— personal matters. trator, Livestock and Seed Program, Depart- Grade Standards and Classification for ment of Agriculture, transmitting the De- American Pima Cotton [Docket No. CN–00– f partment’s final rule—Changes in Fees for 003] (RIN: 0581–AB82) received June 9, 2000, SPECIAL ORDERS GRANTED Federal Meat Grading and Certification pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Services [Docket No. LS–98–12] (RIN: 0581– mittee on Agriculture. By unanimous consent, permission to AB83) received May 30, 2000, pursuant to 5 8627. A letter from the Associate Adminis- address the House, following the legis- U.S.C. 801(a)(1)(A); to the Committee on Ag- trator, Cotton Programs, Agricultural Mar- lative program and any special orders riculture. keting Service, Department of Agriculture, heretofore entered, was granted to: 8617. A letter from the Associate Adminis- transmitting the Department’s final rule— (The following Members (at the re- trator, Tobacco Programs, Department of Revision of Cotton Classification Procedures Agriculture, transmitting the Department’s for Determining Upland Cotton Color Grade quest of Mr. STRICKLAND) to revise and final rule—Tobacco Fees and Charges for extend their remarks and include ex- [Docket No. CN–00–001] (RIN: 0581–AB67) re- Mandatory Inspection; Fee Increase [Docket ceived June 9, 2000, pursuant to 5 U.S.C. traneous material:) No. TB–00–10] (RIN: 0581–AB87) received May 801(a)(1)(A); to the Committee on Agri- Ms. JACKSON-LEE of Texas, for 5 min- 30, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to culture. utes, today. the Committee on Agriculture. 8628. A letter from the Administrator, Risk 8618. A letter from the Congressional Re- Mr. STRICKLAND, for 5 minutes, Management Agency, Department of Agri- view Coordinator, Animal and Plant Inspec- culture, transmitting the Department’s today. tion Service, Department of Agriculture, (The following Member (at the re- ‘‘Major’’ rule—Catastrophic Risk Protection transmitting the Department’s final rule— Endorsement; Regulations for the 1999 and quest of Mr. METCALF) to revise and ex- Veterinary Services User Fees; Pet Food Fa- Subsequent Reinsurance Years; Group Risk tend his remarks and include extra- cility Inspection and Approval Fees [Docket Plan of Insurance Regulations for the 2000 neous material:) No. 98–045–2] received June 20, 2000, pursuant and Succeeding Crop Years, and the Common Mr. METCALF, for 5 minutes, today, to 5 U.S.C. 801(a)(1)(A); to the Committee on Crop Insurance Regulations; Basic Provi- July 18, 19, and 20. Agriculture. sions (RIN: 0563–AB81) received July 12, 2000, 8619. A letter from the Acting Adminis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (The following Members (at their own trator, Rural Utilities Service, Department mittee on Agriculture. request) to revise and extend their re- of Agriculture, transmitting the Depart- 8629. A letter from the Director, Office of marks and include extraneous mate- ment’s final rule—General and Pre-Loan Regulatory Management and Information, Policies and Procedures Common to Insured rial:) Environmental Protection Agency, transmit- and Guaranteed Loans (RIN: 0572–AB52) re- Mrs. MALONEY of New York, for 5 ting the Agency’s final rule—Cyprodinil; Ex- ceived May 30, 2000, pursuant to 5 U.S.C. minutes, today. tension of Tolerance for Emergency Exemp- 801(a)(1)(A); to the Committee on Agri- Mr. CUMMINGS, for 5 minutes, today. tion [OPP–301006; FRL–6590–4] (RIN: 2070– culture. f 8620. A letter from the Acting Adminis- AB78) received June 7, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- ENROLLED BILLS SIGNED trator, Rural Utilities Service, Department of Agriculture, transmitting the Depart- riculture. Mr. THOMAS, from the Committee ment’s final rule—Specifications and Draw- 8630. A letter from the Director, Office of on House Administration, reported ings for Underground Electric Distribution— Regulatory Management and Information, received May 24, 2000, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- that that committee had examined and ting the Agency’s final rule—Imidaloprid; found truly enrolled bills of the House 801(a)(1)(A); to the Committee on Agri- culture. Pesticide Tolerances for Emergency Exemp- of the following titles, which were 8621. A letter from the Congressional Re- tions [OPP–301004; FRL–6558–4] (RIN: 2070– thereupon signed by the Speaker: view Coordinator, Animal and Plant Health AB78) received June 7, 2000, pursuant to 5 H.R. 3544. An act to authorize a gold medal Inspection Service, Department of Agri- U.S.C. 801(a)(1)(A); to the Committee on Ag- to be presented on behalf of the Congress to culture, transmitting the Department’s final riculture. Pope John Paul II in recognition of his many rule—Hawaii Animal Import Center [Docket 8631. A letter from the Director, Office of and enduring contributions to peace and reli- No. 98–013–2] received June 20, 2000, pursuant Regulatory Management and Information, gious understanding, and for other purposes. to 5 U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- H.R. 3591. An act to provide for the award Agriculture. ting the Agency’s final rule—Pendimethalin; of a gold medal on behalf of the Congress to 8622. A letter from the Congressional Re- Re-establishment of Tolerance for Emer- former President Ronald Reagan and his wife view Coordinator, Animal and Plant Health gency Exemptions [OPP–301020; FRL–6596–5] Nancy Reagan in recognition of their service Inspection Service, Department of Agri- (RIN: 2070–AB78) received July 12, 2000, pur- to the Nation. culture, transmitting the Department’s final suant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 4391. An act to amend title 4 of the rule—Importation of Gypsy Moth Host Mate- mittee on Agriculture. United States Code to establish sourcing re- rial From Canada [Docket No. 98–110–2] (RIN: 8632. A letter from the Director, Office of quirements for State and local taxation of 0579–AB11) received June 20, 2000, pursuant to Regulatory Management and Informtation, mobile telecommunication services. 5 U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- Agriculture. ting the Agency’s final rule—Azoxystrobin f 8623. A letter from the Administrator, For- or Methyl (E)-2-[2-[6-(-cyanophenoxy) b 2200 eign Agriculture Service, Department of Ag- pyrimidin-4-yloxy]phenyl]-3-; Extension of riculture, transmitting the Department’s Tolerance for Emergency Exemptions [OPP– ADJOURNMENT final rule—Adjustment of Appendices to the 301012; FRL–6594–1] (RIN: 2070–AB78) received Mr. PALLONE. Mr. Speaker, I move Dairy Tariff-Rate Import Quota Licensing July 12, 2000, pursuant to 5 U.S.C. that the House do now adjourn. Regulation for the 2000 Tariff-Rate Quota 801(a)(1)(A); to the Committee on Agri- Year—received June 12, 2000, pursuant to 5 culture. The motion was agreed to; accord- U.S.C. 801(a)(1)(A); to the Committee on Ag- 8633. A letter from the Director, Office of ingly (at 10 o’clock p.m.), under its pre- riculture. Regulatory Management and Information, vious order, the House adjourned until 8624. A letter from the Agricultural Mar- Environmental Protection Agency, transmit- Tuesday, July 18, 2000, at 9 a.m., for keting Service, Cotton Program, Depart- ting the Agency’s final rule—Tebuconazole; morning hour debates. ment of Agriculture, transmitting the De- Extension of Tolerance for Emergency Ex- f partment’s final rule—Revision of User Fees emptions [OPP–301022; FRL–6596–7] (RIN: for 2000 Crop Cotton Classification Services 2070–AB) received July 12, 2000, pursuant to 5 EXECUTIVE COMMUNICATIONS, to Growers [Docket No. CN–99–003] (RIN: U.S.C. 801(a)(1)(A); to the Committee on Ag- ETC. 0581–AB57) received June 7, 2000, pursuant to riculture. 5 U.S.C. 801(a)(1)(A); to the Committee on 8634. A letter from the Director, Office of Under clause 8 of rule XII, executive Agriculture. Regulatory Management and Information, communications were taken from the 8625. A letter from the Associate Adminis- Environmental Protection Agency, transmit- Speaker’s table and referred as follows: trator, Agricultural Marketing Service, ting the Agency’s final rule—Humic Acid,

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00292 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.101 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6347 Sodium Salt, Exemption Tolerance [OPP– ondary Education-Safe and Drug-Free transmitting the Department’s final rule— 301017; FRL–6595–9] (RIN: 2070–AB) received Schools and Communities National Pro- DOE Specification; Uninterruptible Power July 12, 2000, pursuant to 5 U.S.C. grams-Federal Activities Grants Program- Supply (UPS) Systems [DOE-SPEC–3021–97] 801(a)(1)(A); to the Committee on Agri- The Challenge Newsletter—received June 15, received June 15, 2000, pursuant to 5 U.S.C. culture. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Commerce. 8635. A communication from the President Committee on Education and the Workforce. 8654. A letter from the Assistant General of the United States, transmitting the re- 8645. A letter from the Office of Elemen- Counsel for Regulatory Law, Office of Envi- quest and availability of the funds in accord- tary and Secondary Education, Department ronment, Safety and Health, Department of ance with provisions of Division B of the of Education, transmitting the Department’s Energy, transmitting the Department’s final H.R. 4425, the Emergency Supplemental Act, final rule—Office of Elementry and Sec- rule—DOE STANDARD; Hazard Categoriza- 2000, and Division C of H.R. 4425, the Cerro ondary Education—Safe and Drug Free tion and Accident Analysis Techniques for Grande Fire Supplemental; (H. Doc. No. 106— Schools and Communities National Pro- Compliance with DOE Order 5480.23 Nuclear 267); to the Committee on Appropriations grams—Federal Activities—Grant Competi- Safety Analysis Reports [DOE-STD–1027–92] and ordered to be printed. tion to Prevent High-Risk Drinking and Vio- received June 12, 2000, pursuant to 5 U.S.C. 8636. A letter from the Alternate OSD Fed- lent Behavior Among College Students—re- 801(a)(1)(A); to the Committee on Commerce. eral Register Liaison Officer, Office of the ceived June 15, 2000, pursuant to 5 U.S.C. 8655. A letter from the Assistant General Secretary, Department of Defense, transmit- 801(a)(1)(A); to the Committee on Education Counsel for Regulatory Law, Office of Envi- ting the Department’s final rule—Trans- and the Workforce. ronment, Safety and Health, Department of actions Other than Contracts, Grants, or Co- 8646. A letter from the Office of Elemen- Energy, transmitting the Department’s final operative Agreements for Prototype Projects tary and Secondary Education, Department rule—Guide for the Mitigation of Natural (RIN: 0790–AG79) received May 26, 2000, pur- of Education, transmitting the Department’s Phenomena Hazards for DOE Nuclear Facili- suant to 5 U.S.C. 801(a)(1)(A); to the Com- final rule—Office of Elementary and Sec- ties and Nonnuclear Facilities—received mittee on Armed Services. ondary Education—Safe and Drug-Free June 7, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); 8637. A letter from the Assistant General Schools and Communities National Pro- to the Committee on Commerce. Counsel for Regulations, Office of the Assist- grams—Federal Activities—Effective Alter- 8656. A letter from the Assistant General ant Secretary for Housing—Federal Housing native Strategies: Grant Competition to Re- Counsel for Regulatory Law, Office of Envi- Commissioner, Department of Housing trans- duce Student Suspensions and Expulsions ronment, Safety and Health, Department of mitting the Department’s final rule—Tenant and Ensure Educational Progress of Students Energy, transmitting the Department’s final Participation in Multifamily Housing Who Are Suspended or Expelled—received rule—DOE Standard; Stabilization, Pack- Projects [Docket No. FR–4403–F–02] (RIN: June 15, 2000, pursuant to 5 U.S.C. aging, and Storage of Plutonium-Bearing 2502–AH32) received June 7, 2000, pursuant to 801(a)(1)(A); to the Committee on Education Materials (RIN: DOE-STD–3013–99) received 5 U.S.C. 801(a)(1)(A); to the Committee on and the Workforce. June 7, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); Banking and Financial Services. 8647. A letter from the Office of Elemen- to the Committee on Commerce. 8638. A letter from the Director, Office of tary and Secondary Education, Department 8657. A letter from the Assistant General Legislative Affairs, Federal Deposit Insur- of Education, transmitting the Department’s Counsel for Regulatory Law, Office of Envi- ance Corporation, transmitting the Corpora- final rule—Office of Elementary and Sec- ronment, Safety and Health, Department of tion’s final rule— Minority and Women Out- ondary Education-Safe and Drug-Free Energy, transmitting the Department’s final reach Program—Contracting (RIN: 3064– Schools and Communities National Pro- rule—DOE Standard; Content of System De- AB12) received May 22, 2000, pursuant to 5 grams-Federal Activities-Alcohol and Other sign Descriptions (RIN: DOE-STD–3024–98) re- U.S.C. 801(a)(1)(A); to the Committee on Drug Prevention Models on College Cam- ceived June 7, 2000, pursuant to 5 U.S.C. Banking and Financial Services. puses Grant Competition—received June 15, 801(a)(1)(A); to the Committee on Commerce. 8639. A letter from the Managing Director, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8658. A letter from the Director, Regula- Office of General Counsel, Federal Housing Committee on Education and the Workforce. tions Policy and Management Staff, FDA, Finance Board, transmitting the Board’s 8648. A letter from the Office of Elemen- Department of Health and Human Services, final rule—Office of Finance; Authority of tary and Secondary Education, Department transmitting the Department’s final rule— Federal Home Loan Banks to Issue Consoli- of Education, transmitting the Department’s Secondary Direct Food Additives Permitted dated Obligations [No. 2000–24] (RIN: 3069– final rule—Office of Elementary and Sec- in Food for Human Consumption [Docket No. AA88) received June 21, 2000, pursuant to 5 ondary Education—Safe and Drug-Free 00F–0786] received June 2, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Schools and Communities National Pro- U.S.C. 801(a)(1)(A); to the Committee on Banking and Financial Services. grams-Federal Activities—Middle School Commerce. 8640. A letter from the Secretary, Bureau Drug Prevention and School Safety Program 8659. A letter from the Director, Office of of Consumer Protection, Division of Finan- Coordinators Grant Competition, pursuant Regulatory Management and Information, cial Practices, Federal Trade Commission, to 5 U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- transmitting the Commission’s ‘‘Major’’ Education and the Workforce. ting the Agency’s final rule—Approval and rule—Privacy of Consumer Financial Infor- 8649. A letter from the General Attorney, Promulgation of Implementation Plans and mation—received June 19, 2000, pursuant to 5 Office of Educational Research and Improve- Designation of Areas for Air Quality Plan- U.S.C. 801(a)(1)(A); to the Committee on ment, Department of Education, transmit- ning Purposes; Ohio and Kentucky [OH–132–2; Banking and Financial Services. ting the Department’s final rule—Jacob K. KY–116–2; KY–84–2; FRL–6717–1] received 8641. A letter from the General Counsel, Javits Gifted and Talented Education Pro- June 13, 2000, pursuant to 5 U.S.C. National Credit Union Administration, gram: National Research and Development 801(a)(1)(A); to the Committee on Commerce. transmitting the Administration’s final Center—June 16, 2000, pursuant to 5 U.S.C. 8660. A letter from the Director, Office of rule—Share Insurance and Appendix—re- 801(a)(1)(A); to the Committee on Education Regulatory Management and Information, ceived June 13, 2000, pursuant to 5 U.S.C. and the Workforce. Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Banking 8650. A letter from the Secretary of Edu- ting the Agency’s final rule—Approval and and Financial Services. cation, transmitting a legislative proposal Promulgation of State Plans for Designated 8642. A letter from the General Counsel, entitled, ‘‘College Completion Challenge Facilities and Pollutants; Arizona; Control National Credit Union Administration, Grant Act of 2000’’; to the Committee on of Emissions from Existing Hospital/Medical/ transmitting the Administration’s final Education and the Workforce. Infectious Waste Incinerators [AZ025–MWIa; rule—Privacy of Consumer Financial Infor- 8651. A letter from the Assistant General FRL–6717–7a] received June 13, 2000, pursuant mation; Requirements for Insurance [12 CFR Counsel for Regulatory Law, Office of Envi- to 5 U.S.C. 801(a)(1)(A); to the Committee on Parts 716 and 741] received June 5, 2000, pur- ronment, Safety and Health, Department of Commerce. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Energy, transmitting the Department’s final 8661. A letter from the Director, Office of mittee on Banking and Financial Services. rule—Nonreactor Nuclear Safety Design Cri- Regulatory Management and Information, 8643. A letter from the Deputy Secretary, teria and Explosives Safety Criteria Guide Environmental Protection Agency, transmit- Division of Investment Management; Divi- for use with DOE O 420.1, Facility Safety— ting the Agency’s final rule—Approval and sion of Market Regulation, Securities and received June 7, 2000, pursuant to 5 U.S.C. Promulgation of State Plans for Designated Exchange Commission, transmitting the 801(a)(1)(A); to the Committee on Commerce. Facilities and Pollutants; Colorado, Mon- Commission’s ‘‘Major’’ rule—Privacy of Con- 8652. A letter from the Assistant General tana, South Dakota, Utah, Wyoming; Con- sumer Finacial Information (Regulation S-P) Counsel for Regulatory Law, Office of Envi- trol of Emissions From Existing Hospital/ [Release Nos. 34–42974, IC–24543, IA–1883; File ronment, Safety and Health, Department of Medical/Infectious Waste Incinerators [FRL– No. S7–6–00] (RIN: 3235–AH90) received June Energy, transmitting the Department’s final 6717–3] received June 13, 2000, pursuant to 5 27, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to rule—Department of Energy Badges [DOE N. U.S.C. 801(a)(1)(A); to the Committee on the Committee on Banking and Financial 473.4] received June 15, 2000, pursuant to 5 Commerce. Services. U.S.C. 801(a)(1)(A); to the Committee on 8662. A letter from the Director, Office of 8644. A letter from the Office of Elemen- Commerce. Regulatory Management and Information, tary and Secondary Education, Department 8653. A letter from the Assistant General Environmental Protection Agency, transmit- of Education, transmitting the Department’s Counsel for Regulatory Law, Office of De- ting the Agency’s final rule—Clean Air Act final rule—Office of Elementary and Sec- fense Procurement, Department of Energy, Full Approval of Operating Permit Program;

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00293 Fmt 4634 Sfmt 0634 E:\CR\FM\L17JY7.000 pfrm02 PsN: H17PT1 H6348 CONGRESSIONAL RECORD — HOUSE July 17, 2000 Forsyth County (North Carolina) [NC-FORS- Implementation Plan; Transportation Con- eral Communications Commission, transmit- T5–2000–01a; FRL–6712–5] received June 13, formity Interagency Memorandum of Agree- ting the Commission’s final rule—Amend- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment; Correction [AL53–200019(a); FRL–6735– ment of Section 73.202(b), Table of Allot- Committee on Commerce. 6] received July 12, 2000, pursuant to 5 U.S.C. ments, FM Broadcast Stations. (CampWood 8663. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Commerce. and Rocksprings, Texas) [MM Docket No. 99– Regulatory Management and Information, 8672. A letter from the Director, Office of 214; RM–9546; RM–9699] received June 27, 2000, Environmental Protection Agency, transmit- Regulatory Management and Information, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Agency’s final rule—Reopening of Environmental Protection Agency, transmit- mittee on Commerce. Comment Period and Delaying of Effective ting the Agency’s final rule—Rescinding 8681. A letter from the Special Assistant to Date of Revisions to the Interim Enhanced Findings that the 1–Hour Ozone Standard No the Bureau Chief, Mass Media Bureau, Fed- Surface Water Treatment Rule (IESWTR), Longer Applies in Certain Areas [FRL–6733– eral Communications Commission, transmit- the Stage 1 Disinfectants and Disinfection 3] (RIN: 2060–ZA08) received July 6, 2000, pur- ting the Commission’s final rule—Amend- Byproducts Rule (Stage 1 DBPR) and Revi- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of Section 73.202(b), Table of Allot- sions to State Primacy Requirements to Im- mittee on Commerce. ments, FM Broadcast Stations. (Carney, plement the Safe Drinking Water Act 8673. A letter from the Director, Office of Michigan) [MM Docket No. 99–334 RM–9772] (SDWA) Amendments [FRL–6715–4] received Regulatory Management and Information, received June 27, 2000, pursuant to 5 U.S.C. June 13, 2000, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Commerce. 801(a)(1)(A); to the Committee on Commerce. ting the Agency’s final rule—Approval and 8682. A letter from the Special Assistant to 8664. A letter from the Director, Office of Promulgation of State Plans for Designated the Bureau Chief, Mass Media Bureau, Fed- Regulatory Management and Information, Facilities and Pollutants; Control of Emis- eral Communications Commission, transmit- Environmental Protection Agency, transmit- sions From Hospital/Medical/ Infectious ting the Commission’s final rule—Amend- ting the Agency’s final rule—Approval and Waste Incinerators (HMIWI); State of Kansas ment of Section 73.202(b), Table of Allot- Promulgation of Maintenance Plan and Des- [KS 105–1105a; FRL–6733–9] received July 6, ments, FM Broadcast Stations (Gwinn, ignation of Area for Air Quality Planning 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Michigan) [MM Docket No. 99–341; RM–9776] Purposes for Carbon Monoxide; State of Ari- Committee on Commerce. received June 27, 2000, pursuant to 5 U.S.C. zona [AZ072–0085; FRL–6601–7] received June 8674. A letter from the Special Assistant to 801(a)(1)(A); to the Committee on Commerce. 1, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Bureau Chief, Mass Media Bureau, Fed- 8683. A letter from the Special Assistant to the Committee on Commerce. eral Communications Commission, transmit- the Chief, Mass Media Bureau, Federal Com- 8665. A letter from the Director, Office of ting the Commission’s final rule—Amend- munications Commission, transmitting the Regulatory Management and Information, ment of Section 73.202(b), Table of Allot- Commission’s final rule—Amendment of Sec- Environmental Protection Agency, transmit- ments, FM Broadcast Stations (Greeley and tion 73.202(b), FM Table of Allotments, FM ting the Agency’s final rule—Approval and Bloomfield, Colorado) [MM Docket No. 99– Broadcast Stations. (North Tunica and Fri- Promulgation of Air Quality Implementa- 279; RM–9716] received June 27, 2000, pursuant ars Point, Mississippi, Kennett, Missouri, tion Plans; Pennsylvania; Nitrogen Oxides to 5 U.S.C. 801(a)(1)(A); to the Committee on Munford, Tennessee, and Marianna, Arkan- Allowance Requirements [PA 153–4100a; Commerce. sas) [MM Docket No. 99–140; MM Docket No. FRL–6702–3] received May 30, 2000, pursuant 8675. A letter from the Special Assistant to 99–146; RM–9490; RM–9724; RM–9725] received to 5 U.S.C. 801(a)(1)(A); to the Committee on the Chief, Mass Media Bureau, Federal Com- June 27, 2000, pursuant to 5 U.S.C. Commerce. munications Commission, transmitting the 801(a)(1)(A); to the Committee on Commerce. 8666. A letter from the Director, Office of Commission’s final rule—Amendment of Sec- 8684. A letter from the Special Assistant to Regulatory Management and Information, tion 73.202(b), FM Table of Allotments, FM the Bureau Chief, Mass Media Bureau, Fed- Environmental Protection Agency, transmit- Broadcast Stations. (Saratoga, Green River, eral Communications Commission, transmitting the Agency’s final rule—Approval and Big Piney and La Barge, Wyoming) [MM ting the Commission’s final rule—Amend- Promulgation of State Plans for Designated Docket No. 98–130, MM Docket No. 99–56, RM– ment of Section 73.202(b), Table of Allot- Facilities and Pollutants: Alabama; Correc- 9297, RM–9655, RM–9459] received June 27, ments, FM Broadcast Stations. (Everglades tion [AL52–200014; FRL–6708–6] received May 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the City, LaBelle, Estero and Key West, Florida) 30, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on Commerce. [MM Docket No. 97–116; RM–9050; RM–9123] the Committee on Commerce. 8676. A letter from the Special Assistant to received June 27, 2000, pursuant to 5 U.S.C. 8667. A letter from the Director, Office of the Chief, Mass Media Bureau, Federal Com- 801(a)(1)(A); to the Committee on Commerce. Regualtory Managment and Information, munications Commission, transmitting the 8685. A letter from the Associate Chief, Environmental Protection Agency, transmit- Commission’s final rule—Amendment of Sec- Wireless Telecommunications Bureau, Fed- ting the Agency’s final rule—Approval and tion 73.202(b), FM Table of Allotments, FM eral Communications Commission, transmit- Promulgation of Implementation Plans Broadcast Stations (Douglas and Guernsey, ting the Commission’s ‘‘Major’’ rule— [IN112–1a, FRL–6708–5] received May 30, 2000, Wyoming) [MM Docket No. 98–15; RM–9320; Amendment of the Commission’s Rules to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- RM 9653] received June 27, 2000, pursuant to Establish New Personal Communications mittee on Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on Services, Narrowband PCS [GEN Docket No. 8668. A letter from the Director, Office of Commerce. 90–314 ET Docket No. 92–100] Implementation Regulatory Management and Information, 8677. A letter from the Special Assistant to of Section 309(j) of the Communications Environmental Protection Agency, transmit- the Bureau Chief, Mass Media Bureau, Fed- Act—Competitive Bidding, Narrowband PCS ting the Agency’s final rule—Approval and eral Communications Commission, transmit- [PP Docket No. 93–253] received July 14, 2000, Promulgation of Implementation Plans; In- ting the Commission’s final rule—Amend- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- diana [IN117–1a, FRL–6708–2] received May 30, ment of Section 73.202(b), Table of Allot- mittee on Commerce. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the ments, FM Broadcast Stations. (Eldorado, 8686. A letter from the Chief, Wireless Tele- Committee on Commerce. Beeville, Colorado City, Cotulla , Cuero, communications Bureau, Federal Commu- 8669. A letter from the Director, Office of Kerrville, Mason, McQueeney and San An- nications Commission, transmitting the Regulatory Management and Information, gelo, Texas) [MM Docket No. 99–357 RM–9780] Commission’s ‘‘Major’’ rule—Extending Environmental Protection Agency, transmit- received June 27, 2000, pursuant to 5 U.S.C. Wireless Telecommunications Service To ting the Agency’s final rule—Approval and 801(a)(1)(A); to the Committee on Commerce. Tribal Lands [WT Docket No. 99–266] received Promulgation of State Air Quality Plans for 8678. A letter from the Special Assistant to July 14, 2000, pursuant to 5 U.S.C. Designated Facilities and Pollutants; West the Bureau Chief, Mass Media Bureau, Fed- 801(a)(1)(A); to the Committee on Commerce. Virginia; Control of Emissions from Existing eral Communications Commission, transmit- 8687. A letter from the Associate Managing Hospital/Medical/Infectious Waste Inciner- ting the Commission’s final rule—Amend- Director, Performance Evaluation and ators [WV–6013a; FRL–6714–2] received June ment of Section 73.202(b), Table of Allot- Records Management, Office of Managing Di- 7, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to ments, FM Broadcast Stations. (Whitefield rector, Federal Communications Commis- the Committee on Commerce. and Northumberland, New Hampshire) [MM sion, transmitting the Commision’s final 8670. A letter from the Director, Office of Docket No. 99–42; RM–9467; RM–9618] received rule—Assessment and Collection of Regu- Regulatory Management and Information, June 27, 2000, pursuant to 5 U.S.C. latory Fees for Fiscal Year 2000, Report and Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Commerce. Order [MD Docket No. 00–58, FCC 00–240] re- ting the Agency’s final rule—Clean Air Act 8679. A letter from the Special Assistant to ceived July 14, 2000, pursuant to 5 U.S.C. Full Approval of Operating Permit Program; the Chief, Mass Media Bureau, Federal Com- 801(a)(1)(A); to the Committee on Commerce. State of Montana [MT–001a; FRL–6714–4] re- munications Commission, transmitting the 8688. A letter from the Deputy Secretary, ceived June 7, 2000, pursuant to 5 U.S.C. Commission’s final rule—Amendment of Sec- Division of Investment Management, Securi- 801(a)(1)(A); to the Committee on Commerce. tion 73.202(b), FM Table of Allotments, FM ties and Exchange Commission, transmitting 8671. A letter from the Director, Office of Broadcast Stations (Arnoldsburg, West Vir- the Commission’s final rule—Offer and Sale Regulatory Management and Information, ginia) [MM Docket No. 98–216 RM–9381] re- of Securities to Canadian Tax-Deferred Re- Environmental Protection Agency, transmit- ceived June 27, 2000, pursuant to 5 U.S.C. tirement Savings Accounts [Release Nos. 33– ting the Agency’s final rule—Approval and 801(a)(1)(A); to the Committee on Commerce. 7860, 34–42905, IC–24491; File No. S7–10–00 Promulgation of State Plans—Alabama: Ap- 8680. A letter from the Special Assistant to International Series Release No. 1226] (RIN: proval of Revisions to the Alabama State the Bureau Chief, Mass Media Bureau, Fed- 3235–AH32) received June 9, 2000, pursuant to

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00294 Fmt 4634 Sfmt 0634 E:\CR\FM\L17JY7.000 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6349 5 U.S.C. 801(a)(1)(A); to the Committee on 2776(d); to the Committee on International copy of D.C. Act 13–362, ‘‘Campaign Finance Commerce. Relations. Disclosure and Enforcement Amendment Act 8689. A letter from the Lieutenant General, 8700. A letter from the Assistant Secretary of 2000’’ received July 14, 2000, pursuant to Director, Defense Security Cooperation for Legislative Affairs, Department of State, D.C. Code section 1—233(c)(1); to the Com- Agency, transmitting notification con- transmitting certification of a proposed li- mittee on Government Reform. cerning the Department of the Army’s Pro- cense for the export of defense articles or de- 8712. A letter from the Chairman, Council posed Letter(s) of Offer and Acceptance fense services sold commercially under a of the District of Columbia, transmitting a (LOA) to Egypt for defense articles and serv- contract to France and the United Kingdom copy of D.C. ACT 13–364, ‘‘Underage Drinking ices (Transmittal No. 00–44), pursuant to 22 [Transmittal No. DTC 31–00], pursuant to 22 Temporary Amendment Act of 2000’’ received U.S.C. 2776(b); to the Committee on Inter- U.S.C. 2776(c); to the Committee on Inter- July 14, 2000, pursuant to D.C. Code section national Relations. national Relations. 1—233(c)(1); to the Committee on Govern- 8690. A letter from the Assistant Secretary 8701. A letter from the Assistant Secretary ment Reform. for Legislative Affairs, Department of State, for Legislative Affairs, Department of State, 8713. A letter from the Chairman, Council transmitting certification of a proposed transmitting certification of a proposed li- of the District of Columbia, transmitting a manufacturing license agreement with Tur- cense for the export of defense articles or de- copy of D.C. Act 13–365, ‘‘Supermarket Tax key [Transmittal No. DTC 024–00], pursuant fense services sold commercially under a Exemption Act of 2000’’ received July 14, to 22 U.S.C. 2776(c); to the Committee on contract to Australia [Transmittal No. DTC 2000, pursuant to D.C. Code section 1— International Relations. 34–00], pursuant to 22 U.S.C. 2776(c); to the 233(c)(1); to the Committee on Government 8691. A letter from the Assistant Secretary Committee on International Relations. Reform. for Legislative Affairs, Department of State, 8702. A letter from the Assistant Secretary 8714. A letter from the Chairman, Council transmitting notification of a proposed man- for Legislative Affairs, Department of State, of the District of Columbia, transmitting a ufacturing license agreement with Norway, transmitting certification of a proposed copy of D.C. Act 13–366, ‘‘Public Schools Free Sweeden, Greece and Turkey (Transmittal Manufacturing License Agreement with Textbook Temporary Amendment Act of No. DTC–022–00), pursuant to 22 U.S.C. France and Germany [Transmittal No. DTC 2000’’ received July 14, 2000, pursuant to D.C. 2776(d); to the Committee on International 63–00], pursuant to 22 U.S.C. 2776(d); to the Code section 1—233(c)(1); to the Committee Relations. Committee on International Relations. on Government Reform. 8692. A letter from the Assistant Secretary 8703. A letter from the Assistant Secretary 8715. A letter from the Chairman, Council for Legislative Affairs, Department of State, for Legislative Affairs, Department of State, of the District of Columbia, transmitting a copy of D.C. Act 13–367, ‘‘New Motor Vehicle transmitting certification of a proposed transmitting notification that effective June Inspection Sticker Renewal Temporary Manufacturing License Agreement with Swe- 4, 2000, the danger pay rate for Eritrea was Amendment Act of 2000’’ received July 14, den [Transmittal No. DTC 021–00], pursuant designated at the 15% level, pursuant to 5 2000, pursuant to D.C. Code section 1— to 22 U.S.C. 2776(c); to the Committee on U.S.C. 5928; to the Committee on Inter- 233(c)(1); to the Committee on Government International Relations. national Relations. Reform. 8693. A letter from the Assistant Secretary 8704. A letter from the Assistant Secretary 8716. A letter from the Chairman, Council for Legislative Affairs, Department of State, for Export Administration, Department of of the District of Columbia, transmitting a transmitting notification of a proposed Commerce, transmitting the Department’s copy of D.C. Act 13–373, ‘‘Equal Opportunity Technical Assistance Agreement with Can- final rule—Restrictive Trade Practices or for Local, Small, or Disadvantaged Business ada [Transmittal No. DTC 058–00], pursuant Boycotts [Docket No. 000424111–0111–01] (RIN: Enterprises Amendment Act of 2000’’ re- to 22 U.S.C. 2776(d); to the Committee on 0694–AA11) received May 23, 2000, pursuant to ceived July 14, 2000, pursuant to D.C. Code International Relations. 5 U.S.C. 801(a)(1)(A); to the Committee on section 1—233(c)(1); to the Committee on 8694. A letter from the Assistant Secretary International Relations. Government Reform. for Legislative Affairs, Department of State, 8705. A letter from the Assistant Secretary 8717. A letter from the Chairman, Council transmitting certification of a proposed li- for Export Administration, Department of of the District of Columbia, transmitting a cense for the export of defense articles or de- Commerce, transmitting the Department’s copy of D.C. Act 13–379, ‘‘Closing of a Public fense services sold commercially under a final rule—Revisions and Clarifications to Alley in Square 236, S.O. 00–49, Act of 2000’’ contract to United Kingdom [Transmittal the Export Administration Regulations; received July 17, 2000, pursuant to D.C. Code No. DTC 29–00], pursuant to 22 U.S.C. 2776(c); Commerce Control List [Docket No. section 1—233(c)(1); to the Committee on to the Committee on International Rela- 990625176–0029–02] (RIN: 0694–AB86) received Government Reform. tions. May 23, 2000, pursuant to 5 U.S.C. 8718. A letter from the Chairman, Council 8695. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Inter- of the District of Columbia, transmitting a for Legislative Affairs, Department of State, national Relations. copy of D.C. Act 13–378, ‘‘Closing of a Public transmitting certification of a proposed li- 8706. A letter from the Attorney-Advisor, Alley in Square 288, S.O. 98–163, Act of 2000’’ cense for the export of defense articles or de- Bureau of Educational and Cultural Affairs, received July 17, 2000, pursuant to D.C. Code fense services sold commercially under a Department of State, transmitting the De- section 1—233(c)(1); to the Committee on contract to French Guiana [Transmittal No. partment’s final rule—Fees for Exchange Government Reform. DTC 047–00], pursuant to 22 U.S.C. 2776(c); to Visitor Program Designation Services [Pub- 8719. A letter from the Chairman, Amtrak, the Committee on International Relations. lic Notice 3284] received June 7, 2000, pursu- transmitting the semiannual report on the 8696. A letter from the Assistant Secretary ant to 5 U.S.C. 801(a)(1)(A); to the Committee activities of the Office of Inspector General for Legislative Affairs, Department of State, on International Relations. for the period October 1, 1999 through March transmitting certification of a proposed li- 8707. A letter from the Chairman, Council 31, 2000, pursuant to 5 U.S.C. app. (Insp. Gen. cense for the export of defense articles or de- of the District of Columbia, transmitting a Act) section 5(b); to the Committee on Gov- fense services sold commercially under a copy of D.C. Act 13–359, ‘‘Criminal Tax Reor- ernment Reform. contract to Germany [Transmittal No. DTC ganization Act of 2000’’ received July 14, 2000, 8720. A letter from the Executive Director, 044–00], pursuant to 22 U.S.C. 2776(c); to the pursuant to D.C. Code section 1—233(c)(1); to Committee For Purchase From People Who Committee on International Relations. the Committee on Government Reform. Are Blind or Severely Disabled, transmitting 8697. A letter from the Assistant Secretary 8708. A letter from the Chairman, Council the Committee’s final rule—Procurement for Legislative Affairs, Department of State, of the District of Columbia, transmitting a List: Additions—received May 30, 2000, pursu- transmitting certification of a proposed li- copy of D.C. Act 13–360, ‘‘Tax Expenditure ant to 5 U.S.C. 801(a)(1)(A); to the Committee cense for the export of defense articles or de- Budget Review Act of 2000’’ received July 14, on Government Reform. fense services sold commercially under a 2000, pursuant to D.C. Code section 1— 8721. A letter from the Chair, Board of Di- contract to Australia and Japan [Trans- 233(c)(1); to the Committee on Government rectors, Corporation for Public Broadcasting, mittal No. DTC 053–00], pursuant to 22 U.S.C. Reform. transmitting the report from the Acting In- 2776(c); to the Committee on International 8709. A letter from the Chairman, Council spector General covering the activities of his Relations. of the District of Columbia, transmitting a office for the period of October 1, 1999— 8698. A letter from the Assistant Secretary copy of D.C. Act 13–363, ‘‘Gray Market Ciga- March 31, 2000, pursuant to 5 U.S.C. app. for Legislative Affairs, Department of State, rette Prohibition Temporary Act of 2000’’ re- (Insp. Gen. Act) section 5(b); to the Com- transmitting certification of a proposed li- ceived July 14, 2000, pursuant to D.C. Code mittee on Government Reform. cense for the export of defense articles or de- section 1—233(c)(1); to the Committee on 8722. A letter from the Secretary, Depart- fense services sold commercially under a Government Reform. ment of Education, transmitting the Depart- contract to Egypt [Transmittal No. DTC 062– 8710. A letter from the Chairman, Council ment’s final rule—The State Vocational Re- 00], pursuant to 22 U.S.C. 2776(c); to the Com- of the District of Columbia, transmitting a habilitation Services Program (RIN: 1820– mittee on International Relations. copy of D.C. Act 13–361, ‘‘Retirement Incen- AB14) received June 7, 2000, pursuant to 5 8699. A letter from the Assistant Secretary tive Temporary Act of 2000’’ received July 14, U.S.C. 801(a)(1)(A); to the Committee on Gov- for Legislative Affairs, Department of State, 2000, pursuant to D.C. Code section 1— ernment Reform. transmitting certification of a proposed 233(c)(1); to the Committee on Government 8723. A letter from the Director, Office of transfer of major defense equipment from Reform. Regulatory Management and Information, the Government of the Canada and Sweden 8711. A letter from the Chairman, Council Environmental Protection Agency, transmit- [Transmittal 35–00], pursuant to 22 U.S.C. of the District of Columbia, transmitting a ting the Agency’s final rule—Acquisition

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00295 Fmt 4634 Sfmt 0634 E:\CR\FM\L17JY7.000 pfrm02 PsN: H17PT1 H6350 CONGRESSIONAL RECORD — HOUSE July 17, 2000 Regulation [FRL–6712–2] received June 7, 02; I.D. 060200A] received June 20, 2000, pursu- mitting the Department’s final rule—Modi- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee fication of Class D Airspace; Rapid City, SD; Committee on Government Reform. on Resources. modification of Class D Airspace; Rapid City 8724. A letter from the Chairman, Federal 8735. A letter from the Secretary of the Ellsworth AFB, SD; and modification of Election Commission, transmitting a copy of Treasury, transmitting a report entitled, Class E Airspace; Rapid City, SD [Airspace the annual report in compliance with the ‘‘U.S. Government Debt Collection Activities Docket No. 00–AGL–03] received May 25, 2000, Government in the Sunshine Act during the of Federal Agencies,’’ pursuant to 31 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- calendar year 1999, pursuant to 5 U.S.C. 3716(c)(3)(B); to the Committee on the Judici- mittee on Transportation and Infrastruc- 552b(j); to the Committee on Government Re- ary. ture. form. 8736. A letter from the General Counsel, 8746. A letter from the Program Analyst, 8725. A letter from the Chairman, Federal Department of the Treasury, transmitting a FAA, Department of Transportation, trans- Trade Commission, transmitting the semi- draft bill designed to protect the Department mitting the Department’s final rule—Modi- annual report on the activities of the Office of the Treasury’s security printing and en- fication of Class E Airspace; Yankton, SD of Inspector General for the period October 1, graving program by amending the criminal [Airspace Docket No. 98–AGL–78] received 1999 through March 31, 2000, pursuant to 5 code to more accurately define the value of May 25, 2000, pursuant to 5 U.S.C. U.S.C. app. (Insp. Gen. Act) section 5(b); to items that are used in the manufacture of 801(a)(1)(A); to the Committee on Transpor- the Committee on Government Reform. Bureau of Engraving and Printing (BEP) se- tation and Infrastructure. 8726. A letter from the Chairman, National curities; to the Committee on the Judiciary. 8747. A letter from the Program Analyst, Endowment for the Arts, transmitting the 8737. A letter from the Deputy Executive FAA, Department of Transportation, trans- semiannual report on the activities of the Secretary, Health Resources and Services mitting the Department’s final rule—Modi- Office of Inspector General for the period Oc- Administration, Department of Health and fication of Class E Airspace; Ely, MN [Air- tober 1, 1999 through March 31, 2000, pursuant Human Services, transmitting the Depart- space Docket No. 00–AGL–04] received May to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); ment’s final rule—Ricky Ray Hemophilia 25, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to to the Committee on Government Reform. Relief Fund Program (RIN: 0906–AA56) re- the Committee on Transportation and Infra- 8727. A letter from the Secretary of Edu- ceived June 9, 2000, pursuant to 5 U.S.C. structure. cation, transmitting the the twenty-second 801(a)(1)(A); to the Committee on the Judici- 8748. A letter from the Program Analyst, Semiannual Report to Congress on Audit ary. FAA, Department of Transportation, trans- Follow-Up in compliance with the Inspector 8738. A letter from the Rules Adminis- mitting the Department’s final rule—Modi- General Act Amendments of 1988, pursuant trator, Bureau of Prisons, Department of fication of Class D Airspace; establishment to 5 app.; to the Committee on Government Justice, transmitting the Department’s final of Class E Airspace; and modification of Reform. rule—Federal Tort Claims Act [BOP–1098–F] Class E Airspace; Belleville, IL [Airspace 8728. A letter from the Chairman, Board of (RIN: 1120–AA94) received June 5, 2000, pursu- Docket No. 00–AGL–01] received May 25, 2000, Governors, United States Postal Service, ant to 5 U.S.C. 801(a)(1)(A); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the report from the Acting In- on the Judiciary. mittee on Transportation and Infrastruc- spector General covering the activities of his 8739. A letter from the Treasurer, The Con- ture. office for the period of October 1, 1999— gressional Medal of Honor Society of the 8749. A letter from the Program Analyst, March 31, 2000, pursuant to 5 U.S.C. app. United States of America, transmitting the FAA, Department of Transportation, trans- (Insp. Gen. Act) section 5(b); to the Com- annual financial report of the Society for mitting the Department’s final rule—Amend- mittee on Government Reform. calendar year 1999, pursuant to 36 U.S.C. ment to Class E Airspace; Hampton, IA [Air- 8729. A letter from the Acting Director, Of- 1101(19) and 1103; to the Committee on the space Docket No. 00–ACE–7] received May 25, fice of Surface Mining, Department of the In- Judiciary. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the terior, transmitting the Department’s final 8740. A letter from the Program Analyst, Committee on Transportation and Infra- rule—Pennsylvania Regulatory Program Federal Aviation Administration, Depart- structure. [PA–129–FOR] received June 21, 2000, pursu- ment of Transportation, transmitting the 8750. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Department’s final rule—Modification and FAA, Department of Transportation, trans- on Resources. Revocation of VOR and Colored Federal Air- mitting the Department’s final rule—Estab- 8730. A letter from the Assistant Secretary, ways and Jet Routes; AK [Airspace Docket lishment of Class D Airspace; Jackson, WY Land and Minerals Management, Minerals No. 98–AAL–26] (RIN: 2120–AA66) received [Airspace Docket No. 99–ANM–11] received Management Service, Department of the In- June 15, 2000, pursuant to 5 U.S.C. May 25, 2000, pursuant to 5 U.S.C. terior, transmitting the Department’s final 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- rule—‘‘Oil and Gas and Sulphur Operations tation and Infrastructure. tation and Infrastructure. in the Outer Continental Shelf—Production 8741. A letter from the Program Analyst, 8751. A letter from the Program Analyst, Measurement Document Incorporated by Federal Aviation Adminstration, Depart- FAA, Department of Transportation, trans- Reference’’ (RIN: 1010–AC–73) received June ment of Transportation, transmitting the mitting the Department’s final rule—Air- 16, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Department’s final rule—Realignment of Jet worthiness Directives; Pilatus Aircraft LTd. the Committee on Resources. Route; TX [Airspace Docket No. 99–ASW–33] Models PC–12 and PC–12/45 Airplanes [Docket 8731. A letter from the General Counsel, received June 15, 2000, pursuant to 5 U.S.C. No. 99–CE–36–AD; Amendment 39–11762; AD Department of Commerce, transmitting a 801(a)(1)(A); to the Committee on Transpor- 2000–11–14] (RIN: 2120–AA64) received June 12, draft bill entitled the ‘‘National Oceanic and tation and Infrastructure. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Atmospheric Administration Fees Act of 8742. A letter from the Program Analyst, Committee on Transportation and Infra- 2000’’; to the Committee on Resources. Federal Aviation Administration, Depart- structure. 8732. A letter from the Acting Director, Of- ment of Transportation, transmitting the 8752. A letter from the Program Analyst, fice of Surface Mining, Department of Inte- Department’s final rule—Correction to Class FAA, Department of Transportation, trans- rior, transmitting the Department’s final E Airspace; Unalaska, AK [Airspace Docket mitting the Department’s final rule—Air- rule—Alabama Regulatory Program [SPATS No. 99–AAL–18] received June 15, 2000, pursu- worthiness Directives; Air Tractor Incor- No. AL–069–FOR] received June 20, 2000, pur- ant to 5 U.S.C. 801(a)(1)(A); to the Committee porated Models AT–301, AT–401, and AT–501 suant to 5 U.S.C. 801(a)(1)(A); to the Com- on Transportation and Infrastructure. Airplanes [Docket No. 2000–CE–21–AD; mittee on Resources. 8743. A letter from the Program Analyst, Amendment 39–11753; AD 2000–11–05] (RIN: 8733. A letter from the Deputy Assistant Federal Aviation Administration, Depart- 2120–AA64) received June 12, 2000, pursuant to Administrator for Fisheries, National Ma- ment of Transportation, transmitting the 5 U.S.C. 801(a)(1)(A); to the Committee on rine Fisheries Service, National Oceanic and Department’s final rule—Amendment to Transportation and Infrastructure. Atmospheric Administration, transmitting Time of Designation for Restricted Area R– 8753. A letter from the Program Analyst, the Administration’s final rule—Fisheries of 7104 (R–7104), Vieques Island, PR [Airspace FAA, Department of Transportation, trans- the Northeastern United States; Final 2000 Docket No. 00–ASO–8] (RIN: 2120–AA66) re- mitting the Department’s final rule—Air- Fishing Quotas for Atlantic Surf Clams, ceived June 15, 2000, pursuant to 5 U.S.C. worthiness Directives; Honeywell Inter- Ocean Quahogs, and Maine Mahogany Qua- 801(a)(1)(A); to the Committee on Transpor- national Inc. (formerly AlliedSignal Inc.) hogs [Docket No. 99128355–0140–02; I.D. tation and Infrastructure. ALF502R and LF507 Series Turbofan Engines 110999C] (RIN: 0648–AM50) received May 30, 8744. A letter from the Program Analyst, [Docket No. 99–NE–36–AD; Amendment 39– 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Federal Aviation Administration, Depart- 11763; AD 2000–11–15] (RIN: 2120–AA64) re- Committee on Resources. ment of Transportation, transmitting the ceived June 12, 2000, pursuant to 5 U.S.C. 8734. A letter from the Acting Director, Of- Department’s final rule—Establishment of 801(a)(1)(A); to the Committee on Transpor- fice of Sustainable Fisheries, Domestic Fish- Class D Airspace; Jackson, WY [Airspace tation and Infrastructure. eries Division, National Oceanic and Atmos- Docket No. 99–ANM–11] received June 15, 8754. A letter from the Program Analyst, pheric Administration, transmitting the De- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the FAA, Department of Transportation, trans- partment’s final rule—Fisheries of the Committee on Transportation and Infra- mitting the Department’s final rule—Air- Northeastern United States; Black Sea Bass structure. worthiness Directives; Boeing Model 777–200 Fishery; Commercial Quota Harvested for 8745. A letter from the Program Analyst, Series Airplanes [Docket No. 99–NM–307–AD; Quarter 2 Period [Docket No. 000119014–0137– FAA, Department of Transportation, trans- Amendment 39–11759; AD 2000–11–11] (RIN:

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00296 Fmt 4634 Sfmt 0634 E:\CR\FM\L17JY7.000 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6351 2120–AA64) received June 12, 2000, pursuant to Fan Jet Falcon, Mystere-Falcon 20, and mitting the Department’s final rule—Air- 5 U.S.C. 801(a)(1)(A); to the Committee on Mystere-Falcon 200 Series Airplanes [Docket worthiness Directives; Saab Model SAAB Transportation and Infrastructure. No. 2000–NM–109–AD; Amendment 39–11751; SF340A and SAAB 340B Series Airplanes 8755. A letter from the Program Analyst, AD 2000–11–03] (RIN: 2120–AA64) received [Docket No. 2000–NM–25–AD; Amendment 39– FAA, Department of Transportation, trans- June 12, 2000, pursuant to 5 U.S.C. 11792; AD 2000–12–14] (RIN: 2120–AA64) re- mitting the Department’s final rule—Air- 801(a)(1)(A); to the Committee on Transpor- ceived June 23, 2000, pursuant to 5 U.S.C. worthiness Directives; Eurocopter France tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Model SA–365N1, AS–365N2, and SA–366G1 8764. A letter from the Program Analyst, tation and Infrastructure. Helicopters [Docket No. 99–SW–45–AD; FAA, Department of Transportation, trans- 8773. A letter from the Program Analyst, Amendment 39–11765; AD 2000–11–17] (RIN: mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- 2120–AA64) received June 12, 2000, pursuant to worthiness Directives; Eurocopter France mitting the Department’s final rule—Air- 5 U.S.C. 801(a)(1)(A); to the Committee on Model SA–365C, C1, C2, N, and N1; AS–365N2 worthiness Directives; Boeing Model 747 Se- Transportation and Infrastructure. and N3; and SA–366G1 Helicopters [Docket ries Airplanes [Docket No. 2000–NM–78–AD; 8756. A letter from the Program Analyst, No. 99–SW–62–AD; Amendment 39–11766; AD Amendment 39–11794; AD 2000–12–16] (RIN: FAA, Department of Transportation, trans- 2000–11–18] (RIN: 2120–AA64) received June 12, 2120–AA64) received June 23, 2000, pursuant to mitting the Department’s final rule—Air- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5 U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Ayres Corporation Committee on Transportation and Infra- Transportation and Infrastructure. S2R Series and Model 600 S2D Airplanes structure. 8774. A letter from the Program Analyst, [Docket No. 98–CE–56–AD; Amendment 39– 8765. A letter from the Program Analyst, FAA, Department of Transportation, trans- 11764; AD 2000–11–16] (RIN: 2120–AA64) re- FAA, Department of Transportation, transmitting the Department’s final rule—Air- ceived June 12, 2000, pursuant to 5 U.S.C. mitting the Department’s final rule—Air- worthiness Directives; Boeing Model 767 Se- 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; Fokker Model F.28 ries Airplanes [Docket No. 99–NM–182–AD; tation and Infrastructure. Mark 1000, 2000, 3000, and 4000 Series Air- Amendment 39–11795; AD 2000–12–17] (RIN: 8757. A letter from the Program Analyst, planes [Docket No. 99–NM–358–AD; Amend- 2120–AA64) received June 23, 2000, pursuant to FAA, Department of Transportation, trans- ment 39–11761; AD 2000–11–13] (RIN: 2120– 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- AA64) received June 12, 2000, pursuant to 5 Transportation and Infrastructure. worthiness Directives; Lockheed Model L– U.S.C. 801(a)(1)(A); to the Committee on 8775. A letter from the Program Analyst, 1011–385 Series Airplanes [Docket No. 98–NM– Transportation and Infrastructure. FAA, Department of Transportation, trans- 311–AD; Amendment 39–11744; Ad 2000–10–20] 8766. A letter from the Program Analyst, mitting the Department’s final rule—Air- (RIN: 2120–AA64) received June 12, 2000, pur- FAA, Department of Transportation, trans- worthiness Directives; Eurocopter France suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Air- Model SA–365N, SA–365N1, AS–365N2 and AS– mittee on Transportation and Infrastruc- worthiness Directives; Rolls-Royce plc RB211 365N3 Helicopters [Docket No. 99–SW–86–AD; ture. Series Turbofan Engines [Docket No. 94– Amendment 39–11737; AD 2000–10–13] (RIN: 8758. A letter from the Program Analyst, ANE–16–AD; Amendment 39–11758; AD 2000– 2120–AA64) received May 25, 2000, pursuant to FAA, Department of Transportation, trans- 11–10] (RIN: 2120–AA64) received June 12, 2000, 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. 8776. A letter from the Program Analyst, worthiness Directives; Allison Engine Com- mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- pany AE 3007A and AE 3007C Series Turbofan ture. 8767. A letter from the Program Analyst, mitting the Department’s final rule—Air- Engines [Docket No. 99–NE–07–AD; Amend- FAA, Department of Transportation, trans- worthiness Directives; Eurocopter France ment 39–1171; AD 2000–11–22] (RIN: 2120–AA64) mitting the Department’s final rule—Air- Model AS–350B, BA, B1, B2, and D, and Model received June 12, 2000, pursuant to 5 U.S.C. worthiness Directives; Saab Model SAAB AS–355E, F, F1, F2, and N Helicopters [Dock- 801(a)(1)(A); to the Committee on Transpor- SF340A and SAAB 340B Series Airplanes et No. 99–SW–39–AD; Amendment 39–11734; tation and Infrastructure. [Docket No. 99–NM–51–AD; Amendment 39– AD 2000–10–10] (RIN: 2120–AA64) received May 8759. A letter from the Program Analyst, 11785; AD 2000–12–07] (RIN: 2120–AA64) re- 25, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to FAA, Department of Transportation, trans- ceived June 23, 2000, pursuant to 5 U.S.C. the Committee on Transportation and Infra- mitting the Department’s final rule—Air- 801(a)(1)(A); to the Committee on Transpor- structure. worthiness Directives; Airbus Model A319, tation and Infrastructure. 8777. A letter from the Program Analyst, A320, and A321 Series Airplanes [Docket No. 8768. A letter from the Program Analyst, FAA, Department of Transportation, trans- 99–NM–343–AD; Amendment 39–11757; AD FAA, Department of Transportation, transmitting the Department’s final rule—Air- 2000–11–09] (RIN: 2120–AA64) received June 12, mitting the Department’s final rule—Air- worthiness Directives; Eurocopter France 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the worthiness Directives; Airbus Model A330 Model AS350B, BA, B1, B2, B3, D, and Committee on Transportation and Infra- and A340 Series Airplanes [Docket No. 2000– AS355E, F, F1, F2, and N Helicopters [Docket structure. NM–64–AD; Amendment 39–11784; AD 2000–12– No. 99–SW–36–AD; Amendment 39–11733; AD 8760. A letter from the Program Analyst, 06] (RIN: 2120–AA64) received June 23, 2000, 2000–10–09] (RIN: 2120–AA64) received May 25, FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule—Air- mittee on Transportation and Infrastruc- Committee on Transportation and Infra- worthiness Directives; Boeing Model 747 and ture. structure. 767 Series Airplanes Powered by General 8769. A letter from the Program Analyst, 8778. A letter from the Program Analyst, Electric Model CF6–80C2 Series Engines FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- [Docket No. 99–NM–228–AD; Amendment 39– mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- 11756; AD 2000–11–08] (RIN: 2120–AA64) re- worthiness Directives; Pratt & Whitney worthiness Directives; Bell Helicopter Tex- ceived June 12, 2000, pursuant to 5 U.S.C. PW4000 Series Turbofan Engines [Docket No. tron Canada (BHTC) Model 222, 222B, 222U, 801(a)(1)(A); to the Committee on Transpor- 98–ANE–66–AD; Amendment 39–11780; AD and 230 Helicopters [Docket No. 99–SW–43– tation and Infrastructure. 2000–12–02] (RIN:2120–AA64) received June 23, AD; Amendment 39–11738; AD 2000–10–14] 8761. A letter from the Program Analyst, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the (RIN: 2120–AA64) received May 25, 2000, pur- FAA, Department of Transportation, trans- Committee on Transportation and Infra- suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Air- structure. mittee on Transportation and Infrastruc- worthiness Directives; Boeing Model 747–200, 8770. A letter from the Program Analyst, ture. -300, and -400 Series Airplanes [Docket No. FAA, Department of Transportation, trans- 8779. A letter from the Program Analyst, 99–NM–30–AD; Amendment 39–11755; AD 2000– mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- 11–07] (RIN: 2120–AA64) received June 12, 2000, worthiness Directives; Airbus Model A319, mitting the Department’s final rule—Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- A320, and A321 Series Airplanes [Docket No. worthiness Directives; Israel Aircraft Indus- mittee on Transportation and Infrastruc- 99–NM–351–AD; Amendment 39–11791; AD tries, Ltd., Model 1124 and 1124A Westwind ture. 2000–12–13](RIN: 2120–AA64) received June 23, Airplanes [Docket No. 2000–NM–42–AD; 8762. A letter from the Program Analyst, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Amendment 39–11728; AD 2000–10–04] (RIN: FAA, Department of Transportation, trans- Committee on Transportation and Infra- 2120–AA64) received May 25, 2000, pursuant to mitting the Department’s final rule—Air- structure. 5 U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Boeing Model 767 Se- 8771. A letter from the Program Analyst, Transportation and Infrastructure. ries Airplanes [Docket No. 98–NM–316–AD; FAA, Department of Transportation, trans- 8780. A letter from the Program Analyst, Amendment 39–11754; AD 2000–11–06] (RIN: mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- 2120–AA64) received June 12, 2000, pursuant to worthiness Directives; Airbus Model A300–600 mitting the Department’s final rule—Air- 5 U.S.C. 801(a)(1)(A); to the Committee on Series Airplanes [Docket No. 98–NM–164–AD; worthiness Directives; Gulfstream Model G– Transportation and Infrastructure. Amendment 39–11789; AD 2000–12–11] (RIN: 159 Series Airplanes [Docket No. 99–NM–138– 8763. A letter from the Program Analyst, 2120–AA64) received June 23, 2000, pursuant to AD; Amendment 39–11735; AD 2000–10–11] FAA, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on (RIN: 2120–AA64) received May 25, 2000, pur- mitting the Department’s final rule—Air- Transportation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; Dassault Model Fal- 8772. A letter from the Program Analyst, mittee on Transportation and Infrastruc- con 2000, Mystere-Falcon 900, Falcon 900EX, FAA, Department of Transportation, trans- ture.

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00297 Fmt 4634 Sfmt 0634 E:\CR\FM\L17JY7.000 pfrm02 PsN: H17PT1 H6352 CONGRESSIONAL RECORD — HOUSE July 17, 2000 8781. A letter from the Program Analyst, 8790. A letter from the Program Analyst, A320, A321, A330, and A340 Series Airplanes FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- [Docket No. 99–NM–103–AD; Amendment 39– mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- 11726; AD 2000–10–02] (RIN: 2120–AA64) re- worthiness Directives; MD Helicopters Inc. worthiness Directives; Boeing Model 747–100, ceived May 25, 2000, pursuant to 5 U.S.C. Model MD900 Helicopters [Docket No. 2000– -200, 747SP, and 747SR Series Airplanes 801(a)(1)(A); to the Committee on Transpor- SW–04–AD; Amendment 39–11730; AD 2000–10– Equipped with Pratt & Whitney JT9D–7, -7A, tation and Infrastructure. 06] (RIN: 2120–AA64) received May 25, 2000, -7F, and -7J Series Engines [Docket No. 99– 8799. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- NM–242–AD; Amendment 39–11717; AD 2000– FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- 09–08] (RIN: 2120–AA64) received May 25, 2000, mitting the Department’s final rule—Air- ture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; Boeing Model 767–200 8782. A letter from the Program Analyst, mittee on Transportation and Infrastruc- and -300 Series Airplanes [Docket No. 98–NM– FAA, Department of Transportation, trans- ture. 313–AD; Amendment 39–11767; AD 2000–11–19] mitting the Department’s final rule—Air- 8791. A letter from the Program Analyst, (RIN: 2120–AA64) received June 15, 2000, pur- worthiness Directives; McDonnell Douglas FAA, Department of Transportation, trans- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Model DC–10 Series Airplanes [Docket No. mitting the Department’s final rule—Air- mittee on Transportation and Infrastruc- 99–NM–213–AD; Amendment 39–11727; AD worthiness Directives; EMBRAER Model ture. 2000–10–03] (RIN: 2120–AA64) received May 25, EMB–145 Series Airplanes [Docket No. 99– 8800. A letter from the Program Analyst, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the NM–305–AD; Amendment 39–11718; AD 2000– FAA, Department of Transportation, trans- Committee on Transportation and Infra- 09–09] (RIN: 2120–AA64) received May 25, 2000, mitting the Department’s final rule—Air- structure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; Bristish Aerospace 8783. A letter from the Program Analyst, mittee on Transportation and Infrastruc- Jetstream Model 3201 Airplanes [Docket No. FAA, Department of Transportation, trans- ture. 99–CE–72–AD; Amendment 39–11722; AD 2000– mitting the Department’s final rule—Prohi- 8792. A letter from the Program Analyst, 09–13] (RIN: 2120–AA64) received May 25, 2000, bition Against Certain Flights Within the FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Territory and Airspace of Ethiopia [Docket mitting the Department’s final rule—Air- mittee on Transportation and Infrastruc- No. FAA–2000–7340; SFAR No. 87] (RIN: 2120– worthiness Directives; McDonnell Douglas ture. AH01) received May 24, 2000, pursuant to 5 Model DC–10–10, -15, -30, -30F, and -40 Series 8801. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on Airplanes, and KC–10A (Military) Airplanes FAA, Department of Transportation, trans- Transportation and Infrastructure. [Docket No. 99–NM–212–AD; Amendment 39– mitting the Department’s final rule—Air- 8784. A letter from the Program Analyst, 11716; AD 2000–09–07] (RIN: 2120–AA64) re- worthiness Directives; General Electric Com- FAA, Department of Transportation, trans- ceived May 25, 2000, pursuant to 5 U.S.C. pany CF6–45/50 Series Turbofan Engines mitting the Department’s final rule—Air- [Docket No. 98–ANE–32–AD; Amendment 39– 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; Eurocopter France 11760; AD 2000–11–12] (RIN: 2120–AA64) re- tation and Infrastructure. Model SA–365N1, AS–365N2, and SA–366G1 8793. A letter from the Program Analyst, ceived June 15, 2000, pursuant to 5 U.S.C. Helicopters [Docket No. 99–SW–34–AD; Federal Aviation Administration, Depart- 801(a)(1)(A); to the Committee on Transpor- Amendment 39–11732; AD 2000–10–08] (RIN: ment of Transportation, transmitting the tation and Infrastructure. 8802. A letter from the Program Analyst, 2120–AA64) received May 25, 2000, pursuant to Department’s final rule—Airworthiness Di- FAA, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on rectives; British Aerospace BAe Model ATP Transportation and Infrastructure. mitting the Department’s final rule—Air- Airplanes [Docket No. 99–NM–230–AD; 8785. A letter from the Program Analyst, worthiness Directives; Boeing Model 767 Se- Amendment 39–11773; AD 2000–11–24] (RIN: FAA, Department of Transportation, trans- ries Airplanes [Docket No. 2000–NM–138–AD; 2120–AA64) received June 15, 2000, pursuant to mitting the Department’s final rule—Air- Amendment 39–11770; AD 2000–10–51] (RIN: worthiness Directives; Eurocopter Deutsch- 5 U.S.C. 801(a)(1)(A); to the Committee on 2120–AA64) received June 15, 2000, pursuant to land GmbH (Eurocopter) Model EC 135 Heli- Transportation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on 8794. A letter from the Program Analyst, copters [Docket No. 99–SW–05–AD; Amend- Transportation and Infrastructure. FAA, Department of Transportation, trans- ment 39–11731; AD 2000–10–07] (RIN: 2120– 8803. A letter from the Program Analyst, mitting the Department’s final rule—Air- AA64) received May 25, 2000, pursuant to 5 FAA, Department of Transportation, trans- worthiness Directives; Raytheon (Beech) U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- Model 400A and 400T Series Airplanes [Dock- Transportation and Infrastructure. worthiness Directives; Eurocopter France 8786. A letter from the Program Analyst, et No. 99–NM–372–AD; Amendment 39–11721; Model AS332L2 Helicopters [Docket No. 99– FAA, Department of Transportation, trans- AD 2000–09–12] (RIN: 2120–AA64) received May SW–82–AD; Amendment 39–11781; AD 2000–12– mitting the Department’s final rule—Air- 25, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 03] (RIN: 2120–AA64) received June 15, 2000, worthiness Directives; Lockheed Model L– the Committee on Transportation and Infra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1011–385 Series Airplanes [Docket No. 99–NM– structure. mittee on Transportation and Infrastruc- 221–AD; Amendment 39–11706; AD 2000–08–20] 8795. A letter from the Program Analyst, ture. (RIN: 2120–AA64) received May 25, 2000, pur- FAA, Department of Transportation, trans- 8804. A letter from the Program Analyst, suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- worthiness Directives; Airbus Model A300 B2, mitting the Department’s final rule—Air- ture. A300–B2k, A300 B4–2C, A300 B4–100, and A300 worthiness Directives; Airbus Model A320–232 8787. A letter from the Program Analyst, B4–200 Series Airplanes [Docket No. 98–NM– and -233 Series Airplanes [Docket No. 2000– FAA, Department of Transportation, trans- 56–AD; Amendment 39–11725; AD 2000–10–01] NM–22–AD; Amendment 39–11774; AD 2000–11– mitting the Department’s final rule—Air- (RIN: 2120–AA64) received May 25, 2000, pur- 25] (RIN: 2120–AA64) received June 15, 2000, worthiness Directives; International Aero suant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Engines AG V2500–A1/-A5/-D5 Series Turbofan mittee on Transportation and Infrastruc- mittee on Transportation and Infrastruc- Engines [Docket No. 98–ANE–45–AD; Amend- ture. ture. ment 39–11783; AD 2000–12–05] (RIN: 2120– 8796. A letter from the Program Analyst, 8805. A letter from the Senior Attorney, Of- AA64) received June 15, 2000, pursuant to 5 FAA, Department of Transportation, trans- fice of the Secretary, Department of Trans- U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- portation, transmitting the Department’s Transportation and Infrastructure. worthiness Directives; Airworthiness Direc- final rule—Smoking Aboard Aircraft [Docket 8788. A letter from the Program Analyst, tives; CFM International (CFMI) CFM56–2, No. OST–2000;OST Docket No. 46783; Notice FAA, Department of Transportation, trans- -2A, -2B, -3, -3B, -3C, -5, -5B, -5C, and -7B Se- 90–5; OST Docket No. 44778; Notice 91–1] mitting the Department’s final rule—Air- ries Turbofan Engines [Docket No. 98–ANE– (RIN: 2105–AC85; 2105–AB58) received June 5, worthiness Directives; Airbus Model A300–600 38; Amendment 39–11779; AD 2000–12–01] (RIN: 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Series Airplanes [Docket No. 99–NM–362–AD; 2120–AA64) received June 15, 2000, pursuant to Committee on Transportation and Infra- Amendment 39–11719; AD 2000–09–10] (RIN: 5 U.S.C. 801(a)(1)(A); to the Committee on structure. 2120–AA64) received May 25, 2000, pursuant to Transportation and Infrastructure. 8806. A letter from the Program Analyst, 5 U.S.C. 801(a)(1)(A); to the Committee on 8797. A letter from the Program Analyst, FAA, Department of Transportation, trans- Transportation and Infrastructure. FAA, Department of Transportation, transmitting the Department’s final rule—Air- 8789. A letter from the Program Analyst, mitting the Department’s final rule—Air- worthiness Directives; Airbus Model A300, FAA, Department of Transportation, trans- worthiness Directives; Boeing Model 747–400 A310, A300–600 Series Airplanes [Docket No. mitting the Department’s final rule—Air- Series Airplanes [Docket No. 2000–NM–75–AD; 99–NM–128–AD; Amendment 39–11772; AD worthiness Directives; Boeing Model 747–400 Amendment 39–11736; AD 2000–10–12] (RIN: 2000–11–23] (RIN: 2120–AA64) received June 15, and 767–200 and -300 Series Airplanes Powered 2120–AA64) received May 25, 2000, pursuant to 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the by Pratt & Whitney Model PW4000 Series En- 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Transportation and Infra- gines [Docket No. 99–NM–208–AD; Amend- Transportation and Infrastructure. structure. ment 39–11777; AD 2000–11–28] (RIN: 2120– 8798. A letter from the Program Analyst, 8807. A letter from the Program Analyst, AA64) received June 15, 2000, pursuant to 5 FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- Transportation and Infrastructure. worthiness Directives; Airbus Model A319, worthiness Directives; Airbus Model A319,

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00298 Fmt 4634 Sfmt 0634 E:\CR\FM\L17JY7.000 pfrm02 PsN: H17PT1 July 17, 2000 CONGRESSIONAL RECORD — HOUSE H6353 A320, and A321 Series Airplanes [Docket No. mittee on Transportation and Infrastruc- rule—Health Care Programs: Fraud and 2000–NM–139–AD; Amendment 39–11776; AD ture. Abuse; Revised OIG Civil Money Penalities 2000–11–27] (RIN: 2120–AA64) received June 15, 8817. A letter from the Chairman, Office of Resulting From Public Law 104–191 (RIN: 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the General Counsel, Federal Maritime Commis- 0991–AA90) received May 3, 2000, pursuant to Committee on Transportation and Infra- sion, transmitting the Commission’s final 5 U.S.C. 801(a)(1)(A); jointly to the Commit- structure. rule—Interpretations and Statements of Pol- tees on Ways and Means and Commerce. 8808. A letter from the Program Analyst, icy Regarding Ocean Transportation Inter- 8828. A letter from the Secretary of Edu- FAA, Department of Transportation, trans- mediaries [Docket No. 00–06] received June cation, transmitting a legislative proposal mitting the Department’s final rule—Air- 27, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to entitled the, ‘‘Student Loan Improvement worthiness Directives; Airbus Model A330– the Committee on Transportation and Infra- Act of 2000’’; jointly to the Committees on A340 Series Airplanes [Docket No. 2000–NM– structure. Education and the Workforce, Ways and 53–AD; Amendment 39–11775; AD 2000–11–26] 8818. A letter from the Secretary, Depart- Means, and the Budget. (RIN: 2120–AA64) received June 15, 2000, pur- ment of Agriculture, transmitting the De- f suant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule—Rural Empowerment mittee on Transportation and Infrastruc- Zones and Enterprise Communities (RIN: REPORTS OF COMMITTEES ON ture. 0503–AA20) received May 24, 2000, pursuant to PUBLIC BILLS AND RESOLUTIONS 8809. A letter from the Program Analyst, 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XIII, reports of FAA, Department of Transportation, trans- Ways and Means. mitting the Department’s final rule—Air- 8819. A letter from the Chief, Regulations committees were delivered to the Clerk worthiness Directives; Airbus Model A319, Unit, Internal Revenue Service, transmitting for printing and reference to the proper A320, and A321 Series Airplanes [Docket No. the Service’s final rule—Determination of calendar, as follows: 99–NM–331–AD; Amendment 39–11769; AD Issue Price in the Case of Certain Debt In- Mr. BURTON: Committee on Government 2000–11–21] (RIN: 2120–AA64) received June 15, struments Issued for Property [Rev. Rul. Reform. H.R. 4437. A bill to grant to the 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2000–32] received June 20, 2000, pursuant to 5 United States Postal Service the authority Committee on Transportation and Infra- U.S.C. 801(a)(1)(A); to the Committee on to issue semipostals, and for other purposes; structure. Ways and Means. with an amendment (Rept. 106–734 Pt. 1). 8810. A letter from the Program Analyst, 8820. A letter from the Chief, Regulations Mr. YOUNG of Alaska: Committee on Re- FAA, Department of Transportation, trans- Unit, Internal Revenue Service, transmitting sources. H.R. 2671. A bill to provide for the mitting the Department’s final rule— the Department’s final rule—Additional Yankton Sioux Tribe and the Santee Sioux Changes to the International Aviation Safe- Guidance on Cash or Deferred Arrange- Tribe of Nebraska certain benefits of the ty Assessment (IASA) [14 CFR Part 129] re- ments—received June 7, 2000, pursuant to 5 Missouri River Basin Pick-Sloan project, and ceived June 15, 2000, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on for other purposes (Rept. 106–735). Referred 801(a)(1)(A); to the Committee on Transpor- Ways and Means. to the Committee of the Whole House on the tation and Infrastructure. 8821. A letter from the Chief, Regulations State of the Union. 8811. A letter from the Program Analyst, Unit, Internal Revenue Service, transmitting Mr. YOUNG of Alaska: Committee on Re- FAA, Department of Transportation, trans- the Service’s final rule—Administrative, sources. H.R. 2435. A bill to expand the mitting the Department’s final rule—Na- Procedural, and Miscellaneous Reporting boundaries of the Gettysburg National Mili- tional Parks Air Tour Management [14 CFR IRA Recharacterizations and Reconversions tary Park to include the Wills House, and for Part 91] received June 15, 2000, pursuant to 5 [Notice 2000–30] received June 5, 2000, pursu- other purposes; with an amendment (Rept. U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee 106–736). Referred to the Committee of the Transportation and Infrastructure. on Ways and Means. Whole House on the State of the Union. 8812. A letter from the Senior Attorney, 8822. A letter from the Chief, Regulations Mr. YOUNG of Alaska: Committee on Re- Federal Railroad Administration, Depart- Unit, Internal Revenue Service, transmitting sources. H.R. 3468. A bill to direct the Sec- ment of Transportation, transmitting the the Service’s final rule—Deposits of Excise retary of the Interior to convey to certain Department’s ‘‘Major’’ rule—Railroad Reha- Tax [TD 8887] (RIN: 1545–AV02) received June water rights to Duchesne City, Utah (Rept. bilitation and Improvement Financing Pro- 7, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to 106–737). Referred to the Committee of the gram; Proposed Revisions [Docket No. FRA the Committee on Ways and Means. Whole House on the State of the Union. 1999–5663] (RIN: 2130–AB26) received June 29, 8823. A letter from the Regulations Officer, Mr. YOUNG of Alaska: Committee on Re- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Social Security Administration, transmit- sources. H.R. 3817. A bill to redesignate the Committee on Transportation and Infra- ting the Administration’s final rule—Federal Big South Trail in the Comanche Peak Wil- structure. Old-Age, Survivors and Disability Insurance derness Area of Roosevelt National Forest in 8813. A letter from the Program Analyst, and Supplemental Security Income for the Colorado as the ‘‘Jaryd Atadero Legacy FAA, Department of Transportation, trans- Aged, Blind, and Disabled; Medical and Other Trail’’; with amendments (Rept. 106–738). Re- mitting the Department’s final rule—Modi- Evidance of Your Impairment (s) and Defini- ferred to the Committee of the Whole House fication of the San Francisco Class B Air- tion of Medical Consultant [Regulations Nos. on the State of the Union. space Area; CA [Airspace Docket No. 97– 4 and 16] (RIN: 0960–AD91) received May 26, Mr. YOUNG of Alaska: Committee on Re- AWA–1] (RIN: 2120–AA66) received June 15, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the sources. H.R. 2773. A bill to amend the Wild 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. and Scenic Rivers Act to designate the Committee on Transportation and Infra- 8824. A letter from the Assistant Attorney Wekiva River and its tributaries of Rock structure. General, Department of Justice, transmit- Springs Run and Black Water Creek in the 8814. A letter from the Program Analyst, ting the corrected draft bill, ‘‘to establish State of Florida as components of the na- FAA, Department Of Transportation, trans- police powers for Inspector General agents tional wild and scenic rivers system; with mitting the Department’s final rule—Air- engaged in official duties . . . and an over- amendments (Rept. 106–739). Referred to the worthiness Directives; Bombardier Model sight mechanism for the exercise of those Committee on the Whole House on the State DHC–8–100 and -300 Series Airplanes [Docket powers’’; jointly to the Committees on Gov- of the Union. No. 98–NM–380–AD; Amendment 39–11768; AD ernment Reform and the Judiciary. Mr. YOUNG of Alaska: Committee on Re- 2000–11–20] (RIN: 2120–AA64) received June 15, 8825. A letter from the Deputy Executive sources. H.R. 2833. A bill to establish the 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Secretary, CHPP, Department of Health and Yuma Crossing National Heritage Area; with Committee on Transportation and Infra- Human Services, transmitting the Depart- an amendment (Rept. 106–740). Referred to structure. ment’s ‘‘Major’’ rule—Medicare Program; the Committee on the Whole House on the 8815. A letter from the Director, Office of Prospective Payment System for Home State of the Union. Regulatory Management and Information, Health Agencies [HCFA–1059–F] (RIN: 0938– Mr. YOUNG of Alaska: Committee on Re- Environmental Protection Agency, transmit- AJ24) received July 13, 2000, pursuant to 5 sources. H.R. 2919. A bill to promote preser- ting the Agency’s final rule—Oil Pollution U.S.C. 801(a)(1)(A); jointly to the Committees vation and public awareness of the history of Prevention and Response; Non-Transpor- on Ways and Means and Commerce. the Underground Railroad by providing fi- tation-Related Facilities [FRL–6707–6] (RIN: 8826. A letter from the Deputy Executive nancial assistance, to the Freedom Center in 2050–AE64) received June 1, 2000, pursuant to Secretary, Center For Health Plans and Pro- Cincinnati, Ohio; with an amendment (Rept. 5 U.S.C. 801(a)(1)(A); to the Committee on viders, Department of Health and Human 106–741). Referred to the Committee on the Transportation and Infrastructure. Services, transmitting the Department’s Whole House on the State of the Union. 8816. A letter from the Director, Office of ‘‘Major’’ rule—Medicare Program; Medicare Mr. YOUNG of Alaska: Committee on Re- Regulatory Management and Information ’, and Choice Program [HCFA 1030–FC] (RIN: sources. H.R. 3236. A bill to authorize the Environmental Protection Agency, transmit- 0938–AI29) received July 12, 2000, pursuant to Secretary of the Interior to enter into con- ting the Agency’s final rule—Revocation of 5 U.S.C. 801(a)(1)(A); jointly to the Commit- tracts with the Weber Basin Water Conser- the Selenium Criterion Maximum Con- tees on Ways and Means and Commerce. vancy District, Utah, to use Weber Basin centration for the Final Water Quality Guid- 8827. A letter from the Deputy Executive Project facilities for the impounding, stor- ance for the Great Lakes System [FRL–6707– Secretary, Office of Inspection General, De- age, and carriage of nonproject water for do- 7] (RIN: 2040–AC08) received May 30, 2000, pur- partment of Health and Human Services, mestic, municipal, industrial, and other ben- suant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s ‘‘Major’’ eficial purposes; with an amendment (Rept.

VerDate 11-MAY-2000 10:14 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00299 Fmt 4634 Sfmt 0634 E:\CR\FM\L17JY7.000 pfrm02 PsN: H17PT1 H6354 CONGRESSIONAL RECORD — HOUSE July 17, 2000 106–742). Referred to the Committee on the ment of Defense for the fiscal year ending Health Services Administration, and for Whole House on the State of the Union. September 30, 2001, and for other purposes other purposes; to the Committee on Com- Mr. YOUNG of Alaska: Committee on Re- (Rept. 106–754). Ordered to be printed. merce. sources. H.R. 3291. A bill to provide for the DISCHARGE OF COMMITTEE By Mr. CAPUANO (for himself, Mr. settlement of the water rights claims of the Pursuant to clause 5 of rule X the GILCHREST, Mr. UNDERWOOD, Mr. Shivwits Band of the Paiute Indian Tribe of COBLE, Mr. JONES of North Carolina, Utah, and for other purposes; with an amend- Committees on Commerce and Armed Mr. SANFORD, Mr. DELAHUNT, Mr. ment (Rept. 106–743). Referred to the Com- Services discharged. H.R. 4437 referred TIERNEY, Mr. GOSS, Mr. WHITFIELD, mittee on the Whole House on the State of to the Committee of the Whole House Mr. TAYLOR of Mississippi, Mr. the Union. on the State of the Union and ordered THOMPSON of California, Mr. Mr. YOUNG of Alaska: Committee on Re- to be printed. SERRANO, Mr. HOEKSTRA, Mr. MCCOL- sources. H.R. 3657. A bill to provide for the f LUM, Mr. KENNEDY of Rhode Island, conveyance of a small parcel of public do- Mr. ROMERO-BARCELO, Mrs. MEEK of main land in the San Bernardino National TIME LIMITATION OF REFERRED Florida, Mr. FORD, Mr. SPENCE, Mr. Forest in the State of California, and for BILL STUPAK, Mr. DEFAZIO, Mr. FORBES, other purposes; with an amendment (Rept. Mr. LOBIONDO, Mr. LANTOS, Mr. 106–744). Referred to the Committee of the Pursuant to clause 5 of rule X the fol- FOSSELLA, Mr. CALLAHAN, Mr. LA- Whole House on the State of the Union. lowing action was taken by the Speak- FALCE, Mr. LARSON, Mr. SABO, Ms. Mr. YOUNG of Alaska: Committee on Re- er: KAPTUR, Mr. BATEMAN, Mr. BROWN of sources. H.R. 3999. A bill to clarify the proc- H.R. 4437. Referral to the Committees on Ohio, Mrs. MINK of Hawaii, Mr. TAY- ess for the adoption of local constitutional Commerce and Armed Services extended for LOR of North Carolina, Mr. WOLF, Mr. self-government for the United States Virgin a period ending not later than July 17, 2000. KING, and Mr. CUMMINGS): Islands and Guam, and for other purposes; f H. Con. Res. 372. Concurrent resolution ex- with an amendment (Rept. 106–745). Referred pressing the sense of the Congress regarding to the Committee of the Whole House on the PUBLIC BILLS AND RESOLUTIONS the historic significance of the 210th anniver- State of the Union. sary of the establishment of the Coast Mr. YOUNG of Alaska: Committee on Re- Under clause 2 of rule XII, public Guard, and for other purposes; to the Com- sources. S. 439. An act to amend the National bills and resolutions were introduced mittee on Transportation and Infrastruc- Forest and Public Lands of Nevada Enhance- and severally referred, as follows: ture. ment Act of 1988 to adjust the boundary of By Mr. STUMP (for himself, Mr. the Toiyabe National Forest, Nevada (Rept. f EVANS, Mr. QUINN, Mr. FILNER, Mr. 106–746). Referred to the Committee of the BILIRAKIS, Mr. EVERETT, Mr. ADDITIONAL SPONSORS Whole House on the State of the Union. STEARNS, Mr. HANSEN, Mr. MCKEON, Mr. YOUNG of Alaska: Committee on Re- Under clause 7 of rule XII, sponsors Mr. GIBBONS, Ms. BROWN of Florida, sources. S. 1629. An act to provide for the ex- Mr. DOYLE, Mr. PETERSON of Min- were added to public bills and resolu- change of certain land in the State of Oregon nesota, Mr. REYES, Mr. SHOWS, Mr. tions as follows: (Rept. 106–747). Referred to the Committee of RODRIGUEZ, Ms. BERKLEY, Mr. UDALL H.R. 137: Ms. ROS-LEHTINEN. the Whole House on the State of the Union. Mr. YOUNG of Alaska: Committee on Re- of New Mexico, Mr. SPRATT, Mrs. H.R. 303: Mr. GILLMOR, Mr. SMITH of Texas, sources. S. 1374. An act to authorize the de- JONES of Ohio, Mr. ROHRABACHER, Mr. and Mrs. BIGGERT. velopment and maintenance of a multi- DAVIS of Florida, Ms. BALDWIN, Mrs. H.R. 390: Mr. NEAL of Massachusetts and agency campus project in the town of Jack- JOHNSON of Connecticut, Mr. HOBSON, Mr. HASTINGS of Florida. son, Wyoming (Rept. 106–748). Referred to the Ms. HOOLEY of Oregon, Mr. UNDER- H.R. 460: Mr. PAYNE and Mr. DEFAZIO. Committee of the Whole House on the State WOOD, Ms. KAPTUR, Mr. CRAMER, Mr. H.R. 483: Mr. FRANK of Massachusetts. of the Union. LAZIO, Mr. HOLDEN, Mr. ABER- H.R. 632: Mr. OWENS. Mr. YOUNG of Alaska: Committee on Re- CROMBIE, Mr. MOAKLEY, Ms. ROYBAL- H.R. 688: Mr. WELDON of Florida. sources. S. 1705. An act to direct the Sec- ALLARD, Mr. LUCAS of Oklahoma, Mr. H.R. 783: Mr. BILBRAY. retary of the Interior to enter into land ex- DEFAZIO, Mr. MOLLOHAN, Mr. H.R. 860: Mr. TOWNS. changes to acquire from the private owner NETHERCUTT, Ms. DUNN, Mr. SANDERS, H.R. 1102: Mr, WALDEN of Oregon, Mr. and to convey to the State of Idaho approxi- and Mr. SMITH of Texas): BAKER, Mr. COX, Mr. WYNN, Mr. RILEY, Mr. mately 1,240 acres of land near the City of H.R. 4864. A bill to amend title 38, United UNDERWOOD, Mr. ROYCE, and Ms. DELAURO. Rocks National Reserve, Idaho, and for other States Code, to reaffirm and clarify the duty H.R. 1107: Mr. BRYANT. purposes (Rept. 106–749). Referred to the of the Secretary of Veterans Affairs to assist H.R. 1116: Mr. MOORE. Committee of the Whole House on the State claimants for benefits under laws adminis- H.R. 1227: Mr. WYNN. of the Union. tered by the Secretary, and for other pur- H.R. 1495: Ms. MCKINNEY. Mr. YOUNG of Alaska: Committee on Re- poses; to the Committee on Veterans’ Af- H.R. 1525: Ms. MCKINNEY. sources. H.R. 3736. A bill to establish the fairs. H.R. 1824: Mr. BOEHLERT. Santa Rosa and San Jacinto Mountains Na- By Mr. ARCHER (for himself and Mr. H.R. 2121: Mr. ABERCROMBIE, Mr. SANDLIN, tional Monument in the State of California; SHAW): and Mr. TURNER. with an amendment (Rept. 106–750). Referred H.R. 4865. A bill to amend the Internal Rev- H.R. 2308: Mr. SOUDER and Mr. NEAL of to the Committee of the Whole House on the enue Code of 1986 to repeal the 1993 income Massachusetts. State of the Union. tax increase on Social Security benefits; to H.R. 2331: Mr. MCCOLLUM. Mr. YOUNG of Alaska: Committee on Re- the Committee on Ways and Means. H.R. 2397: Mr. BERRY, Mr. BISHOP, Mr. sources. H.R. 4115. A bill to authorize appro- By Mr. FLETCHER (for himself, Mr. CRAMER, Mr. DOOLEY of California, Mr. HALL priations for the United States Holocaust NUSSLE, Mr. ARCHER, Mr. KASICH, Mr. of Texas, Mr. MCINTYRE, Mr. MORAN of Vir- Memorial Museum, and for other purposes; TANCREDO, Mr. HAYWORTH, Mr. ginia, and Mr. SKELTON. with an amendment (Rept. 106–751). Referred HERGER, Mr. RAMSTAD, Mr. PORTMAN, H.R. 2594: Mr. WEXLER. to the Committee of the Whole House on the Mr. SAM JOHNSON of Texas, and Mr. H.R. 2710: Ms. STABENOW. State of the Union. KUYKENDALL): H.R. 2892: Mr. ALLEN and Mr. PAUL. Ms. PRYCE of Ohio: Committee on Rules. H.R. 4866. A bill to provide for reconcili- H.R. 2969: Mr. SANFORD. House Resolution 553. Resolution providing ation pursuant to section 103(b)(1) of the con- H.R. 3003: Mrs. EMERSON, Mr. ALLEN, and for consideration of a motion to go to concurrent resolution on the budget for fiscal Mr. STUPAK. ference on any Senate amendments to the year 2001 to reduce the public debt and to de- H.R. 3032: Ms. MCKINNEY. bill (H.R. 4810) to provide for reconciliation crease the statutory limit on the public debt; H.R. 3044: Mr. KUCINICH. pursuant to section 103(a)(1) of the concur- to the Committee on Ways and Means, and in H.R. 3083: Ms. HOOLEY of Oregon, Mr. rent resolution on the budget for fiscal year addition to the Committee on the Budget, OLVER, Mr. BARRETT of Wisconsin, Mr. 2001. (Rept. 106–752). Referred to the House for a period to be subsequently determined LARSON, Mr. DICKS, Mr. GUTIERREZ, and Mr. Calendar. by the Speaker, in each case for consider- KILDEE. Mr. ARCHER: Committee on Ways and ation of such provisions as fall within the ju- H.R. 3161: Mr. HOYER. Means. H.R. 4843. A bill to amend the Inter- risdiction of the committee concerned. H.R. 3192: Mr. STENHOLM, Mr. SCOTT, Mr. nal Revenue Code of 1986 to provide for re- By Mrs. CAPPS (for herself, Mr. RAN- UDALL of New Mexico, Mr. WEINER, Ms. tirement security and pension reform; with GEL, Mr. DINGELL, Mr. BROWN of Ohio, PELOSI, Mr. UDALL of Colordo, Mr. SPRATT, an amendment (Rept. 106–753). Referred to Mr. WAXMAN, Ms. DEGETTE, Mr. and Mr. BLAGOJEVICH. the Committee of the Whole House on the STRICKLAND, Mr. BARRETT of Wis- H.R. 3193: Mr. KANJORSKI and Ms. ROYBAL- State of the Union. consin, Mr. STUPAK, and Mr. ALLARD. Mr. LEWIS of California: Committee of DEUTSCH): H.R. 3463: Mr. ABERCROMBIE and Mr. STU- Conference. Conference report on H.R. 4576. H.R. 4867. A bill to revise and extend the PAK. A bill making appropriations for the Depart- programs of the Substance Abuse and Mental H.R. 3540: Mr. SAWYER and Mr. CARDIN.

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H.R. 3595: Mr. SCHAFFER. H.R. 4669: Mrs. EMERSON and Mr. BURTON of H. Con. Res. 271: Ms. PELOSI, Mr. LEACH, H.R. 3661: Mr. NETHERCUTT. Indiana. Mr. LAFALCE, and Ms. WOOLSEY. H.R. 3875: Mr. FOLEY. H.R. 4710: Mr. GARY MILLER of California, H. Con. Res. 283: Mrs. ROUKEMA. H.R. 3896: Mr. FRANKS of New Jersey. Mr. DEMINT, Mr. PITTS, and Mr. ISTOOK. H. Con. Res. 308: Mr. GIBBONS and Mr. H.R. 3928: Mrs. CLAYTON. H.R. 4736: Mr. GEKAS, Mr. TAYLOR of Mis- MCNULTY. H.R. 4033: Mr. THOMPSON of Mississippi, Mr. sissippi, Mr. BLUNT, and Mrs. EMERSON. H. Con. Res. 313: Mr. FALEOMAVAEGA. SHOWS, Mr. TERRY, and Mr. PASCRELL. H.R. 4759: Mr. MCHUGH, Mr. BACA, and Mr. H.R. 4042: Mrs. MINK of Hawaii. NORWOOD. H. Con. Res. 318: Ms. LEE. H.R. 4136: Mr. UDALL of New Mexico. H.R. 4770: Mr. PRICE of North Carolina. H. Con. Res. 340: Mrs. ROUKEMA. H.R. 4184: Mr. GOODLATTE and Mr. WELLER. H.R. 4793: Mr. BALDACCI. H. Con. Res. 341: Mr. PAYNE, Mrs. H.R. 4215: Mr. WHITFIELD. H.R. 4802: Mr. SWEENEY and Mr. ENGLISH. CHRISTENSEN, and Mr. MATSUI. H.R. 4219: Mr. KILDEE, Mr. HOLT, Mr. PITTS, H.R. 4807: Mr. MATSUI, Mr. GREEN of Wis- H. Con. Res. 367: Mr. ANDREWS. Mr. LEVIN, Mrs. MYRICK, Mr. JENKINS, and consin, Mr. KUYKENDALL, Mrs. FOWLER, Mr. H. Con. Res. 368: Mr. KINGSTON, Mr. HALL of Mr. HINCHEY. KOLBE, Mr. WEXLER, Mr. GREEN of Texas, Ohio, Mr. UDALL of Colorado, Mr. GREEN of H.R. 4237: Mr. GORDON and Mr. CLEMENT. Mrs. MALONEY of New York, Mr. INSLEE, Mr. Wisconsin, Mr. SKEEN, Mrs. JACKSON-LEE of H.R. 4239: Mr. ROTHMAN. MALONEY of Connecticut, Mr. GUTIERREZ, Mr. Texas, Mr. FROST, Mr. GUTIERREZ, Ms. H.R. 4277: Mr. KLECZKA, Mr. GILLMOR, Mr. BECERRA, Mr. FILNER, Mr. DEFAZIO, Ms. ROS- STABENOW, Ms. MILLENDER-MCDONALD, Mr. HORN, Mr. ABERCROMBIE, and Mrs. ROUKEMA. LEHTINEN, Mr. LEACH, Mr. DINGELL, Mr. EHLERS, Mr. BLUNT, and Mr. JACKSON of Illi- H.R. 4390: Mr. PAYNE and Mr. MCGOVERN, Mr. LARGENT, and Mr. COOKSEY. nois. FALEOMAVAEGA. H.R. 4820: Mr. OWENS. H.R. 4471: Mr. MCNULTY. H.R. 4841: Mr. THORNBERRY. H. Con. Res. 370: Mrs. MALONEY of New H.R. 4493: Mr. NETHERCUTT and Ms. RIVERS. H.R. 4848: Mr. DELAHUNT, MR. FILNER, Mr. York, Mr. BILIRAKIS, and Mrs. ROUKEMA. H.R. 4511: Mr. NEY, Mr. SHIMKUS, Mr. HASTINGS of Florida, Mr. POMEROY, Mr. H. Res. 462: Mr. DEMINT. WELDON of Pennsylvania, Mr. HOSTETTLER, THOMPSON of California, Mr. BACA, Mrs. H. Res. 486: Mr. FALEOMAVAEGA. Mr. WELLER, and Mr. TOWNS. CHRISTENSEN, Mr. CARDIN, Mr. SANDERS, Mr. H. Res. 487: Mr. FALEOMAVAEGA. H.R. 4543: Mr. BACHUS and Mr. HOUGHTON. MASCARA, Mr. CROWLEY, Mr. BRADY of Penn- H. Res. 531: Mrs. LOWEY, Mr. GILMAN, and H.R. 4548: Mr. COMBEST, Mr. SAXTON, and sylvania, Mr. HOLDEN, Mrs. MINK of Hawaii, Mr. GEJDENSON. Mr. LAFALCE. Mr. GEORGE MILLER of California, and Mrs. H. Res. 543: Mr. LANTOS. H.R. 4566: Mr. KUCINICH, Mr. MARTINEZ, Mr. CLAYTON. H. Res. 549: Mr. WATTS of Oklahoma, Mr. UDALL of New Mexico, and Mr. BISHOP. H.J. Res. 56: Mr. GREENWOOD. H.R. 4598: Mr. PAYNE and Mr. NUSSLE. H.J. Res. 102: Mr. DIXON, Mr. CLYBURN, BRADY of Pennsylvania, Mr. SCARBOROUGH, H.R. 4613: Mr. KILDEE. Mrs. MEEK of Florida, Mr. CRAMER, Mr. Mr. ANDREWS, Mr. GIBBONS, Mrs. TAUSCHER, H.R. 4614: Mr. PAYNE, Ms. DELAURO, and BROWN of Ohio, Mr. JACKSON of Illinois, Ms. Ms. MCKINNEY, Ms. KAPTUR, Mr. BATEMAN, Mr. KUCINICH. KAPTUR, and Mr. BECERRA. Mr. FALEOMAVAEGA, Mr. COOKSEY, Mr. H.R. 4651: Mr. WEXLER and Mr. DOYLE. H. Con. Res. 100: Mrs. ROUKEMA. SWEENEY, Mr. TANNER, Mr. CRAMER, Mr. H.R. 4659: Mr. COOK, Ms. BALDWIN, and Mr. H. Con. Res. 115: Mr. REYNOLDS. CLEMENT, and Mr. GILMAN. SANDERS. H. Con. Res. 159: Mrs. ROUKEMA. H. Res. 551: Mr. TRAFICANT, Mr. GARY MIL- H.R. 4660: Mr. GIBBONS. H. Con. Res. 262: Mr. CLEMENT. LER of California, and Mr. SMITH of Texas.

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Vol. 146 WASHINGTON, MONDAY, JULY 17, 2000 No. 92 Senate The Senate met at 12 noon and was Mr. LOTT. I thank the Chair. the Senate, if you have not read it, get called to order by the President pro f a copy of ‘‘Going For The Max,’’ and it tempore [Mr. THURMOND]. will be an inspiration to you. PRAYERS AND REFLECTIONS f PRAYER Mr. LOTT. Mr. President, I express The Chaplain, Dr. Lloyd John my appreciation also once again to our SCHEDULE Ogilvie, offered the following prayer: Chaplain of the Senate, Lloyd John Mr. LOTT. Mr. President, today the We praise You, dear God. You have Ogilvie, and for his remembering our Senate will be in a period of morning promised never to leave or forsake us. friend and my most trusted confidante, business until 3 p.m. with Senators Our confidence is in You and not our- most reliable lieutenant, the Senator BYRD and THOMAS in control of the selves. We come to You in prayer, not from Georgia, PAUL COVERDELL. I don’t time. trusting our own goodness but solely in know of a Senator who works any hard- Following morning business, the Sen- Your grace. You are our joy when we er or has a more indomitable spirit. I ate will resume consideration of the In- get down, our strength when we are noticed particularly Friday afternoon terior appropriations bill, and hope- weak, our courage when we vacillate. how happy he was as he took leave of fully we will be able to complete our You are our security in a world of this Chamber because of the vote that deliberations on that bill and get to change and turmoil. Even when we for- we had just taken and realizing that he final passage on all amendments and the bill itself tomorrow morning. get You in the rush of life, You never would have the opportunity to be home Under the previous agreement, there forget us. Thank You for Your faithful- in Georgia on Friday afternoon and on are up to 10 amendments remaining to ness. Saturday. Our thoughts and our pray- the Interior bill that must be offered At this moment we claim that faith- ers are with him as he apparently un- and debated during today’s session. fulness for our friend, Senator PAUL dergoes a surgical procedure at this Hopefully, some of those amendments COVERDELL, as he undergoes surgery. hour. I thank the Chaplain for his will be withdrawn, others will be ac- Bless him, care for him, and heal him. prayer. cepted, and maybe we will not need to And now dear God, filled with won- Coincidentally, this weekend I also der, love, and gratitude, we commit have more than a couple of them actu- had a little more time than I antici- ally voted on, and then go to final pas- this week to live and work for You, in- pated and was able to spend some time sage tomorrow morning. I believe those viting the indwelling power of Your thinking about our country and read- votes will be stacked in the morning at spirit. Bless the Senators. Control ing some books. One of those that I 9:45 a.m. their minds and give them Your dis- read was ‘‘Going For The Max,’’ by At 6:15 this evening, the Senate will cernment. Give them boldness to take Senator MAX CLELAND, also of Georgia. begin the final votes on the reconcili- stands for what You have revealed is It is a really inspirational book about ation bill which provides for the elimi- the application of Your righteousness his life and his experience as a Vietnam nation of the marriage penalty tax. and justice for our Nation. veteran and the recovery period he had Senators should be aware that during Thank You for the privilege of living to go through and the inspiration from the remainder of the afternoon on Fri- this week for You. In Your all powerful things he had learned in his life—12 day, when all amendments were offered name. Amen. principles of life that he had learned and/or debated, almost 40 potential f and on which he relies. I talked to him votes could occur in regard to this leg- PLEDGE OF ALLEGIANCE this morning to tell him how much I islation. enjoyed his book; that I was inspired Again, I hope and I think that sev- The Honorable PETER G. FITZGERALD, by it. And he said he was at that very a Senator from the State of Illinois, led eral of those amendments were just moment standing there looking at the Pledge of Allegiance, as follows: filed as a precaution and that not near- Piedmont Hospital where our friend, ly that many will actually require a I pledge allegiance to the Flag of the Senator COVERDELL, is, and he was say- United States of America, and to the Repub- vote; some of them can be accepted. lic for which it stands, one nation under God, ing a prayer for him. He offered to But I do expect there will be some- indivisible, with liberty and justice for all. cover any meetings or appointments where between 10 and 15, at least, that f that needed to be done today or this will require a recorded vote. We will week by Senator COVERDELL. try to do a major portion of those to- RECOGNITION OF THE MAJORITY That is the kind of real love and ap- night, if not all of them. We may try to LEADER preciation and bipartisanship we need get a consent to finish the remainder of The PRESIDING OFFICER (Mr. FITZ- more of in this institution and in our the votes on amendments and final pas- GERALD). The majority leader. lives. So I encourage my colleagues in sage tomorrow morning after we take a

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

S6991

. S6992 CONGRESSIONAL RECORD — SENATE July 17, 2000 look at exactly how many we are going gives the Federal Government a blank ship is the cornerstone to individual to have to do, look at how many we check to buy land for the purpose of freedom which most Americans hold would have to vote on tonight, how conservation, preservation, or any very dear. Have you not seen the many we would have to vote on in the other so called environmental cause is movie, ‘‘The Patriot’’? morning, and try to be reasonable in ill-advised and ill-conceived, it ap- . . . A major increase in Federal funding how we schedule those votes. But we do pears, on the surface, the idea of put- for land acquisition has long been needed. need to get both of them completed not ting land under Federal control for There is a tremendous backlog in land pur- later than tomorrow morning. So votes conservation purposes is a good idea chases. . . . are expected into the night. We could and good policy for the nation. How- So says Carl Pope, Ex. Director of have, I guess, conceivably 10, 15, or ever, under the surface, hidden in the the Sierra Club. more votes tonight beginning at 6:15. dark side of government ownership of Ron Tipton, a vice president of the Of course, we have stacked them and lands, it is very bad policy. National Park Conservation Associa- the votes will be limited to 10 minutes Nobody has hunted or fished and ap- tion echoes the same line. in length after the first vote. Senators preciated it more than this Senator. I would suggest that both organiza- will be encouraged to remain in the Nobody enjoys the outdoors as much as tions have the money and the political Chamber again during the votes. I do—the cold crisp mornings in a will to buy land for conservation, pres- We were able to record 10 votes in hunting camp or a fishing camp is un- ervation, or to heal some real or per- about 11⁄2 hours I think on Friday, equaled and one would not need a fish- ceived environmental ill. The problem which probably is some kind of new ing rod or a rifle. arises that they also would be respon- record. A lot of the credit for that goes I would say that nobody in this body sible for the operation and manage- to Senator HARRY REID, the assistant has fought harder for habitat and poli- ment of the lands. minority leader, because he stayed in cies that promote the enjoyment of the That being the case, why in the world the Chamber and helped me make sure outdoors, hunting, and fishing. As does the Federal Government need that we wrapped those votes up as former cochairman of the sportman’s more land? That is why I started to do quickly as was possible. caucus and still active in the founda- some research some 3 or 4 years ago This will be an important week. tion, we guard this privilege. and using some information gathered After we complete those two very im- There is no way, Mr. President, this by very credible organizations, I was portant issues, we will need to go to piece of legislation can be made to re- startled what I found. the Agriculture appropriations bill flect or fulfill our role in the protec- The Congressional Budget Office has which has been awaiting action in the tion and improvement of our public gone so far as to suggest a freeze on Senate now for probably a month. Sen- lands. Just adding acres to the Federal Federal acquisitions. A 1999 report as- ator COCHRAN has indicated he will be estate does not get it done. Just no serts: ready to go tomorrow morning or right way. The supporters of this legislation Land management agencies should im- after lunch, whichever is available to has been blinded by the prospects of prove their stewardship of the lands they al- him, to begin debate on this very im- dollars, free dollars coming to their re- ready own before taking on additional acre- portant legislation. spective States. The money comes age and management responsibilities. We also would like to have the oppor- from royalties from off-shore drilling. I Environmental objectives might be best met by improving that they already own. tunity to consider the energy and have no problem with that and, in fact, water appropriations bill this week support such a scheme. It is the pur- There is one glaring fact that also. It is ready and should not take a chasing of land for the Federal estate throughout our history, private indi- lot of time. But that will depend on that I cannot support. viduals and groups have offered the how long it takes on the Agriculture I ask your patience to bear with me best and most sound resource conserva- appropriations bill. but I feel some facts should be made tion. Several organizations such as the I see smiles throughout the Chamber, part of this record and my colleagues Sierra Club has the funds and expertise the idea that we would complete these need reminding of some startling facts. to do and I suggest they proceed. two bills I have already mentioned and The Federal Government now con- Here is CBO’s concern. BLM, then take up two appropriations bills, trols one-third of the land in the USF&W, and NPS have added 840,000 but with determination we can get it United States. That is wrong and was acres per year since 1960. That is the done. never intended to be as envisioned by area the size of Rhode Island. We achieved more last week than the Founders of our Nation nor the In the 1990’s, 3.4 million acres and 25 most people thought we would be able Framers of our Constitution. new units for NPS; 2.7 million acres to do. It took work and it took some However, the Federal Government and 24 new units for USF&W; plus 18 time and it took cooperation between has from its first day, a healthy appe- million acres in military installations, leaders on both sides of the aisle. We tite for land ownership and has never 8.5 million acres in BOR, and 11.7 mil- were able to get that. I hope we can do stopped acquiring more and more land. lion acres in the Corps of Engineers. it this week. I thank my colleagues for Some for good and solid reasons. In the Even the conservation reserve ‘‘CRP’’ their participation and their coopera- last 40 years, however, land acquisition controls 33 million acres. tion. has been under the guise of conserva- SPIRALING COSTS AND BALLOONING BUDGETS With that, I will yield the floor and I tion and preservation. Here are the reasons the Congres- observe the absence of a quorum. Do we have enough surplus of money sional Budget Office suggested a freeze The PRESIDING OFFICER. The to squander on the idea that the Fed- in land acquisition: clerk will call the roll. eral Government needs more land. Annual costs for land management The assistant legislative clerk pro- Since 1960, major Federal land agen- have far outpaced the rate at which the ceeded to call the roll. cies have added 33.6 million acres of Federal estate was expanding. Mr. BURNS. Mr. President, I ask land. That is the area the size of Flor- For the past 40 years, government’s unanimous consent that the order for ida. appetite for land ownership grew the the quorum call be rescinded. These agencies control more than 612 total acres just over 6 percent, yet op- The PRESIDING OFFICER. Without million acres or just over one-fourth of erating budgets have risen 262 percent objection, it is so ordered. the land area of the United States. above inflation. f True, the majority of Americans sup- From 1962 to 1998, land acquisition port land conservation and some acqui- cost $10.5 billion. At that same time- CONSERVATION REINVESTMENT sition, but few know or understand frame, managing Federal lands cost ACT what it entails. $176 billion, $6.6 billion in 1999 alone. Mr. BURNS. Mr. President, on the Most of those demanding public own- It is a little easier to grasp when one eve of marking up the Conservation ership of lands have come from groups looks at the cost of management in Reinvestment Act—an act that can who have little regard for private land 1962 at $3 per acre. In 1997 the cost has only be described as great politics but ownership or property rights as pro- grown to $10 per acre adjusted for infla- very bad policy—to enact a law that vided by our Constitution. Land owner- tion. July 17, 2000 CONGRESSIONAL RECORD — SENATE S6993 The NPS operating expenses have There is no doubt that park man- It will continue to exist as long as risen 2.6 percent per year above infla- agers can better care for the land that property rights are well-defined and tion since 1980. During the same time, Federal overseers in Congress who fail owners can profit from their invest- the system grew only 1 percent per to allocate funds for necessary mainte- ment in conservation or achieve their year in acreage and units. The system nance. The Fee Demonstration Pro- conservation goals. has always gotten more money to oper- gram is a step in the right direction. LAND TRUSTS, CONSERVATION EASEMENTS ate. Park visits, nationally, only grew As land managers generate revenues Tax benefits. 2.3 percent per year. and decide how the money will be Perpetual easements. BLM generated .50 cents for every spent, they are allowed to be more re- Restructuring easements. $1.00 invested and the NPS .08 cents for sponsive to visitors, more expedient CONCLUSION every $1.00. While operating budgets for with maintenance, and more protective Changes that would improve land day-to-day upkeep and services have of natural resources. conservation and mitigate environ- grown faster than acreage, provisions COMMODITY LANDS mental damage without adding more for infrastructure and major mainte- Not all Federal lands are equally de- land to the Federal estate include: nance have not followed a similar pat- serving of preservation. In a world of Lands for recreational use should pay tern. limited resources, it makes sense to In some instances, these capital their own way or generate some rev- sell lands with lesser conservation val- enue to cover costs; budgets that provide for long-term fa- ues to ensure adequate protection for cility maintenance have shrunk. Be- Land use rights on commodity pro- those worthy of conservation. ducing lands should be sold for the tween 1980 and 1995, NPS declined to an HABITAT SET-ASIDES annual rate of 1.5 percent when ad- highest value use. The winning bid There are some lands under Federal could be commercial timber harvest, justed for inflation. As a result, the management that are not likely to NPS has a $5.6 billion deficit for con- selective harvest to enhance wildlife ever pay their own way, but have eco- habitat, wilderness, recreation, or struction and maintenance and a $2 bil- logical or cultural value. The land lion deficit for resource management. some combination of uses; might be critical wildlife habitat, wa- Income from the sale of land and land The USFS has a $5 billion mainte- tershed for large, diversified users, or nance backlog. Throwing more money use rights should be put into endow- the site of some historical event. These ment funds to buy or manage lands into the Federal trough is not getting should be placed under a trust or en- us what we want. Eroding forest roads, with higher conservation values, such dowment board. A portion of revenues as those with critical wildlife habitat, deteriorating water quality, dis- derived from user fees at more popular appearing wildlife habitat, and loss of scenic value, or historical significance; sites or the sale of other lands could be and priceless artifacts are just the most ob- used as endowment funds to manage vious indicators that current policies Barriers should be lowered to encour- these valuable areas. I am very sup- age private conservation and good are not providing quality management. portive of this idea. Buying more land only contributes to stewardship. a situation that is not achieving the NEW ACQUISITIONS At present our Federal land agencies Current Federal land management environmental objectives that we are poor land stewards. Many times permits land acquisitions without re- want. through no fault of their own, their Billions of dollars are spent each gard to operating and maintenance budgets reach into the billions, yet year to manage our Federal lands, and costs. Before adding more land to the damage to roads, sewers, buildings, for- the public is not getting the benefits of Federal estate and obligating the est, and rangelands remain and con- multiple-use fiscal responsibility, or American taxpayer, a detailed account- tinue to worsen. good resource stewardship. ing of annual operating and mainte- Only the lands that are under long- A number of ecologists have also nance costs should be prepared and, term lease arrangements with individ- questioned the ability to fulfill its mis- like private conservators, laws should uals or groups continue to improve. sion of resource protection. Biologist require that funding for proper man- Given the right incentives, we can Charles Kay of Utah State University agement be part of the appropriation. protect areas like Yellowstone and Yo- has documented the destruction of the No O&M money, no deal. I will insist semite, preserve the Bob Marshall Wil- Crown Jewel of national parks, Yellow- on it. derness of Montana, and the east front. stone. Overpopulation of elk and buf- LAND EXCHANGES But forests such as Clinch Valley, VA, falo has taken its toll. The result is There is no doubt in my mind that are better left in private hands. starvation of thousands of elk, and land exchanges are necessary. Small Again, I must iterate that the Con- overgrazed range, the destruction of units of range should be either traded servation Reinvestment Act as written plant communities, the elimination of or sold to block up large units for man- and presented this day, is ill-conceived critical habitat, and a serious decline agement purposes. The funds derived and ill-advised. We can and must invest in biodiversity. Karl Hess reported the from the sales should be placed in the those dollars where the environmental same in Rocky Mountain National trust or endowment for management of objectives are clearly achievable. Park. other public holdings. Mr. President, I yield the floor. I sug- Some 39 million acres of Federal for- PRIVATE SOLUTIONS gest the absence of a quorum. est land are, as we speak, at risk of As an alternative to Federal land The PRESIDING OFFICER. The catastrophic wildfire and disease ac- conservation, private conservation by clerk will call the roll. cording to a GAO report of last year. individuals and groups is a viable op- The assistant legislative clerk pro- BETTER TOOLS—BETTER RESULTS—SATISFIED tion with a long history in the United ceeded to call the roll. CONSERVATIONISTS States. The growing demand to protect Mr. BYRD. Mr. President, I ask unan- It is clear that merely dipping into land resources has created a new impe- imous consent that the order for the the Federal Treasury does not ensure tus for private conservation through quorum call be rescinded. land conservation for the future. Under ownership and other legal mechanisms. The PRESIDING OFFICER. Without the current system of command and Whether the land is managed for profit objection, it is so ordered. control, politics plays a major role in or to fulfill a mission, these private f Federal land management. Some prag- conservators have the right incentives. matic changes in our Federal land They face the opportunity costs for al- MORNING BUSINESS agencies, however, could help us get ternative uses of the resources. The re- The PRESIDING OFFICER. Under the incentives right. sult is often better land management the previous order, there will now be a RECREATIONAL LAND than that provided by our Federal land period for morning business not to ex- Lands historically used for recre- managers. tend beyond the hour of 3 o’clock with ation, should pay or attempt to pay FEE SIMPLE Senators permitted to speak therein their own way and not rely entirely Private landownership is the oldest for up to 10 minutes each, with the fol- upon congressional appropriations. and simplest form of land conservation. lowing exceptions: The Senator from S6994 CONGRESSIONAL RECORD — SENATE July 17, 2000 West Virginia, Mr. BYRD, from 12 p.m. deny the one essential element which speaking out, the Church doesn’t speak to 2 p.m.; and the Senator from Wyo- is so glaringly missing from our aim- out like it used to when I was a boy. ming, Mr. THOMAS, or his designee from less, restless pursuit of prosperity. The church took a strong stand on 2 p.m. until 3 p.m. Religion has all but vanished from the great national issues. But the The Senator from West Virginia is our national life. Worse than that, reli- church, as so many of us, has been recognized. gion is discouraged; religion is frowned driven into a closet; so the clergy for Mr. BYRD. I thank the Chair. upon. Religion is suppressed, spurred not speaking out; the leaders of busi- Mr. President, Alexander Hamilton by what I believe is a misguided at- ness in this country for looking only at spoke 6 hours at the Constitutional tempt to ensure a completely secular profits; the leaders of both political Convention. So I think I am in rather society and a gross misreading of con- parties for pandering—pandering. Most good company. stitutional intent. Oh, what ills are of the issues that plague us nation- f born when we forget our history! What ally—such as violence in our schools, ills are born when we forget our his- inadequate health care for the weakest THE PLIGHT OF OUR NATION tory! in our society, crime, greed in politics, Mr. BYRD. Mr. President, the great This Nation was founded, in part, so all of these issues, all of them, are at English novelist, Charles Dickens, that religion could freely flourish. The their root—are issues of right and began his epic novel, ‘‘A Tale of Two Constitution was written and ratified wrong, issues of morality. Cities,’’ with these words, ‘‘It was the by men who possessed a strong spir- Yet in order to avoid offending any- best of times, it was the worst of itual awareness. These were not God- one—don’t offend anyone; that is why times. . . .’’ less men who wrote the Constitution of so many of the colleges and schools Well over a century later, and a con- the United States. They had a spiritual have taken history out of the required tinent away from the writing of Dick- awareness. The universal principles es- courses, because history might offend ens’ story, those words could well de- poused in the Declaration of Independ- somebody. It might offend some scribe the plight of our nation in the ence in 1776, and other early American group—in order to avoid offending any- last year of the 20th century. documents reflect aspirations, which one or any group, we try to totally sec- That is this century—the last year of are, at their core, based on a belief in ularize our politics on the left and the 20th century. a Supreme Being and on the existence overly polarize our politics, with too The United States has never been of a human soul. What are these if not much false piety, on the right. So both more affluent, in terms of material religious principles? Such lofty and are in the wrong. The result is only wealth and creature comforts, or more spiritual beliefs as the bedrock equal- endless power struggle and pandering impoverished in terms of spiritual ity of all humans,—as the bedrock to the various groups which keep us in well-being. It is the best of times mate- equality of all humans—and the endow- power. As such, political power has be- rially. It is the worst of times spir- ment by a Creator of basic rights can- come an end, not a means, and the itually. Millions are made daily on not be secularized out of existence in a leadership of this nation too often Wall Street, American consumerism nation so rooted in a deep spiritual winds up pursuing solutions to the ef- fuels booming international economic consciousness as is ours. Every single fects of our ills and ignoring their and trade markets, and our Nation’s value upon which this country was so causes. living standard is the envy of the painstakingly built—individual sac- A prejudice against the influence of world. We have eliminated our stag- rifice for the greater good, fairness, religious commitment and moral val- gering deficits at home, at least on charity, truthfulness, morality, per- ues upon political issues now charac- paper, and jobs are available for our sonal responsibility, honesty—all of terizes almost every sector of Amer- people in abundance. these are, at root, qualities derived ican society from the media to law to Yet, America is, in many ways, a hol- from Judeo-Christian teachings. To try academia. We have seen the Supreme low nation. We are a people on the edge to separate this nation from the reli- Court rule, again and again, against al- of a precipice. Despite all of our eco- gious grounding which it so obviously lowing voluntary prayer in public nomic prosperity, despite all of our fas- exhibits in every aspect of its history, school in this country. I believe that cination with the glittery toys that is like trying to bifurcate muscle from this ingrained predisposition against money can buy us, despite all of the bone. Dysfunction is the result—sterile expressions of religious or spiritual be- accouterments of success and pros- bone which cannot move, and useless liefs is wrongheaded, destructive, and perity, so envied by the rest of the tissue with no support. That is what completely contrary to the intent of world, all of the material comforts we happens when spiritual values become the Founders of this great nation. In- so enthusiastically chase, can never separated from our national life. stead of ensuring freedom of religion in pacify the hunger beginning to emerge Nowhere are the results of such an a nation founded in part to guarantee in our collective souls, nor even start unfortunate rending more obvious, that basic liberty, a literal suffocation to solve the endemic problems which more destructive or more heart- of that freedom has been the result. crowd the dark corners of our national breaking than in the evident damage The rights of those who do not believe psyche. we have done to our most precious in a Supreme Being have been zeal- Our children randomly slaughter commodity, our children. Millions of ously guarded, to the denigration, I re- each other in our schools, clothes are our innocents are lost in a maze of peat, denigration, of the rights of those torn off of innocent women in a public drugs, cheap sex, violence, and mate- who do so believe. park, smut crowds the airwaves, the rialism. They are starving—starving— The American doctrine of separation traditional family structure continues for lessons by which to live their lives, of church and state—and you don’t find to deteriorate, advertising reflects lit- and what do we offer them? We offer that in the Constitution; it says noth- tle but sexual innuendo and the desire them only hedonistic baubles. Love of ing about separation of Church and for a mad rush to some materialistic pleasure, greed, gratification of sex, de- State in the Constitution—forbids the nirvana, song lyrics are not fit for po- ification of the crude and the out- establishment of any one religion by lite company, and even the barest men- rageous, and the selfish culture of Me, the state, but not, I repeat, not the in- tion of the existence of a Creator is me, me, and More, more, more, are no fluence of religious values in the life of castigated as inappropriate or viewed guidelines on which to build a life or a the nation. Religious faith has always as the unbalanced ravings of the luna- character whether it be a nation or the been an underpinning of American life. tic fringe. individual. These are only empty dis- One of the most perceptive of observ- We are a people seemingly in deep de- tractions that lead down roads pre- ers of the early American scene was nial of our own humanity—in deep de- viously reserved for misfits and crimi- Alexis de Tocqueville. Writing in the nial of our own unquenched inner need nals. We must look hard at ourselves in 1830’s on his observations while trav- for meaning and purpose and direction the mirror each morning and ask what eling in America, de Tocqueville in our lives. We have succumbed to the in the name of God we are coming to if grasped the moral content of America. glossy promise of more, and more, and we continue on this course? We are all Coming from France where abuse of more, in a vain and pointless effort to at fault, all of us—the clergy for not power by the clergy had made July 17, 2000 CONGRESSIONAL RECORD — SENATE S6995 anticlericalism endemic, he was What did Thomas Jefferson propose? First Amendment problem, in that it amazed to find it virtually unknown in This is Thomas Jefferson talking, not amounts to the censorship of religious America. ROBERT C. BYRD. Thomas Jefferson pro- speech in a governmental forum. What De Tocqueville writes: posed: about the rights of those students who In France, I had almost always seen the The children of Israel in the wilderness, led wish to pray, perhaps for the safety of spirit of religion and the spirit of freedom by a cloud by day, and a pillar of fire by their classmates? Such a ruling tram- marching in opposite directions, but in night. ples on the Constitutional rights of America, I found they were intimately Try as I may, I sense no hyper- those students in favor of some myth- united, and that they reigned in common ical possibility that coercement might over the same country. . . . Religion . . . must sensitivity about absolute separation be regarded as the first of their political in- of religion and the government of the be felt by someone. stitutions . . . . new country in these suggestions for In a dissenting opinion, Chief Justice William H. Rehnquist summed up the He is talking about Americans in the symbols of our new nation. Would such matter pretty nicely, I think, when he 1830s. Let me say that again— men as Jefferson and Franklin have stated that the majority opinion ‘‘bris- DeTocqueville: suggested such symbols if they in- tles’’—bristles—‘‘with hostility to all Religion . . . must be regarded as the first tended for an absolute wall of separation to be erected between government things religious in public life.’’ of their political institutions; for if it does Mr. Chief Justice Rehnquist said it not impart a taste for freedom, it facilitates and any sort of religious expression? I right: The majority opinion ‘‘bristles the use of it. think not. with hostility to all things religious in He concluded that most Americans When it comes to current attitudes about the proper role of religion in public life.’’ held religion, For that statement, the Chief Justice America, the apple has fallen very far to be indispensable to the maintenance of will always have my gratitude. He is Republican institutions. from the tree. In fact, our greatest eminently correct, and, of course, it John Adams was the second Presi- leaders have shown no trepidation took courage to say what he did. As ev- dent of the United States. He served as about God’s proper place in the Amer- eryone knows, I am no fan of amending Vice President for 8 years under George ican panorama. I am talking about our the U.S. Constitution, and I believe it Washington. He was a member of the greatest leaders. Every session of the should be done only rarely and with Continental Congress, and a signer of U.S. House of Representatives and the great care. Certainly this year, an elec- the Declaration of Independence. He United States Senate begins with a tion year, is no year to try to pass a greatly influenced the States to ratify prayer. I heard the Chaplin pray today, constitutional amendment on school the new Constitution by writing a and so did you. And each House, from prayer. three-volume work, entitled, ‘‘A De- the Nation’s beginning, has had its But I intend to implore the two fense of the Constitutions of the Gov- Chaplain paid with Federal tax dollars. major party candidates—and I do im- ernment of the United States.’’ The Supreme Court of the United plore the two major party candidates— I like to go back to John Adams’ States begins each session only after a to seriously consider including a con- work from time to time and just read solemn pronouncement that concludes stitutional amendment in the nature of it again. I recommend it to our people with ‘‘God save the United States and clarifying the intent of the framers in who are listening in this Chamber. One this Honorable Court.’’ the area of prayer in school as part of might say that, when it came to build- So it is then, with almost total incre- both party platforms. ing the governmental structure of dulity, that I read the continued pro- I have yet to read a party platform. these United States, John Adams was nouncements on the subject of prayer Never read one. I have never read a in on the ground floor. In his diary in school by our Supreme Court, which Democratic Party platform or any entry dated February 22, 1756, John since 1962, has steadily chipped away at other party platform, but there are Adams wrote—listen to John Adams any connection between religion and many who do, and it is only natural the now: the governmental sphere. How could parties should have platforms. People Suppose a nation in some distant region such rulings be handed down time after expect them to have a platform to indi- should take the Bible for their only law time by learned men and women who cate where they stand on the great book, and every member should regulate his are obviously familiar with the history issues of the day. So I urge Mr. Bush conduct by the precepts there exhibited! of this nation, and with the faith-based and Mr. GORE to work to put the words Every member would be obliged in con- grounding of our entire governmental in the party platforms urging that science to temperance, frugality, and indus- structure? And recently we have this there be an amendment to clarify the try; to justice, kindness, and charity towards latest decision by the Supreme Court, intent of the framers in the area of his fellow men; and to piety, love, and rev- prayer in school. erence toward Almighty God . . . . What a involving voluntary student-led prayer at a Texas high school football game. The intent of the framers was clearly Utopia, what a Paradise would this region only to keep the new government from be. I don’t attend football games. I have attended one in the 48 years that I have endorsing or favoring one religion over That was John Adams. Obviously, another, but not from favoring a free John Adams believed that moral pre- been in Washington, and I attended that only at halftime to crown the exercise of religion over nonreligion. cepts and Biblical teachings would be Certainly, it was never to prohibit vol- an ideal foundation on which to lay the Queen; West Virginia and Maryland were playing. But even if I don’t attend untary expressions of a religious na- government of a great nation. ture by our citizens. football games, there are people who do On July 8, 1776, the Declaration of Just what do we teach our children? Independence was read publicly at the attend. And if it is their wish to have Upon what do we base the most funda- Continental Congress while the famous prayers, if the students in the band or mental codes of society if we are not to ‘‘Liberty Bell’’ was rung. Wouldn’t you on the football teams want to have base them on moral precepts and spir- have liked to have been there? Con- prayer, more power to them. itual precepts? How can we lead our gress then established a three-man On June 19, the highest court in our own people, how can we grapple with Committee consisting of Thomas Jef- land ruled in a 6–3 decision that some- issues of right and wrong, or how can ferson, John Adams, and Benjamin how this voluntary student-led prayer we continue to inspire downtrodden Franklin, for the purpose of designing violated the Constitution’s establish- peoples from around the globe if we a great seal for the United States. ment clause. continue to deny and to sever our basic What were Franklin’s suggestions? Justice Stevens, writing for the ma- ties to faith-based principles? Franklin’s suggestions for a seal and jority opinion, said that even when at- Alarmingly, we are crafting a polit- motto characterizing the spirit of this tendance was voluntary and the deci- ical secularism which does not reflect new nation were—this is Franklin talk- sion to pray was made by students: the views or practices of most Ameri- ing, not ROBERT C. BYRD: the delivery of a pregame prayer has the cans, the overwhelming majority of Moses lifting up his wand, and dividing the improper effect of coercing those present to Americans. Consider these facts: participate in an act of religious worship. red sea, and pharaoh in his chariot over- Nine Americans in 10 say they have never whelmed with the waters. This motto: ‘‘Re- What nonsense—nonsense. Such a doubted the existence of God. Eight Ameri- bellion to tyrants is obedience to God.’’ pronouncement ignores a separate cans in 10 say they believe they will be called S6996 CONGRESSIONAL RECORD — SENATE July 17, 2000 before God on Judgment Day to answer for Constitution of the United States reads that you want, but the fact remains their actions, their words, their deeds. Eight as follows: ‘‘Congress shall make no that it is still there—the Judeo-Chris- Americans in 10 say they believe God still law respecting an establishment of re- tian tradition as interpreted by the works miracles, and he does. ligion, or prohibiting the free exercise radical Protestant sects to which be- One sits right over there in the chair. thereof; . . .’’ It seems to me that the longed so many of the original Euro- Here sits some up here. These are mir- U.S. Supreme Court, over the years, in pean settlers in British North America. acles. There are literally millions of its rulings on school prayer over the Lutz, in his work, entitled, ‘‘The Ori- things that could have happened to last 40 years has bent over backwards gins of American Constitutionalism,’’ each of us, and we would never have to enforce the first clause in that says this: ‘‘The tribes of Israel shared a been born or in being born we would amendment dealing with an establish- covenant that made them a nation. have been confronted with many health ment of religion, but the Court has American federalism originated at problems. There are miracles every seemingly exhibited a strong bias least in part in the dissenting Protes- day. against the equally important—the tants’ familiarity with the Bible’’. Seven Americans in 10 believe in life equally important—second part of the The early Calvinist settlers who after death. I do, and I daresay most, if sentence. That sentence has two parts. came to this country from the Old not all, of the people in this Chamber And the second part is, I quote: ‘‘. . . or World brought with them a familiarity do believe there is a life after death. prohibiting the free exercise therewith the Old Testament Covenants What would there be to live for other- of; . . .’’ that made them especially apt in the wise? Oh, you may laugh now, but wait In ruling after ruling, over the past formation of colonial documents and until you are 82, as I am, and well on 40 years the Court seems to be going State constitutions. your way to 83. To what do you have to farther and farther in the direction of Now, let me refer to Winton U. look forward to each day of your life prohibiting the free exercise of reli- Solberg. He tells us that in 17th cen- which is fast ebbing? Yes, you will gion. In precedent after precedent, the tury colonial thought, divine law—a fu- change your mind then. Court, often by slim majorities, has sion of the law of nature in the Old and How can the beliefs of such sizable seemed bent upon totally eradicating New Testaments—usually stood as fun- sections of the American population any semblance whatsoever of religious damental law. The Mayflower Com- totally escape the attention of politi- speech in our public schools, even when pact—how many of us like to claim cians and educators? They are all going such speech is not in any way, shape, that our forebearers were on the to die, too. Every one of them, and or form connected with an ‘‘establish- Mayflower? ‘‘Oh, they were there. They they are going to have to go out and ment’’ of religion. were on the Mayflower.’’ Well, there meet God in eternity, which is a long, When I read the first amendment was such a thing written as the long, long time. clause dealing with freedom of religion, Mayflower Compact. How could these statistics escape the the words of the amendment seem to The Mayflower Compact exemplifies nine members of the Supreme Court of strike a balance between an establish- the doctrine of covenant or contract. the United States? Does the answer lie ment of religion, on the one hand, and Puritanism exalted the biblical compo- in the elitism that so permeates this the free exercise of religion, on the nent and drew on certain scriptural arrogant capital city? Does theology other. But the Court seems determined passages for a theological outlook. tend to thin out as one gravitates to- to completely ignore, and thus oblit- Called the Covenant or Federal The- ward the top of the socioeconomic erate, any right to a free exercise of re- ology, this was a theory of contract re- scale, rather like the thinner air at the ligion in the public schools. No wonder garding man’s relations with God and top of some elevated peak? Are we, in- many people take their children out of the nature of church and state. If we examine the public political lit- deed, witnessing the writing of a new the public schools. I believe that the erature written between 1760 and 1805, ‘‘Tale of Two Cities’’ as we watch pub- framers of the United States Constitu- the book most frequently cited in that lic policy diverge ever more dramati- tion—yea, the founders of this Republic literature is the Bible. cally from the views of the people and itself—would be appalled. Can you Let me say that again. If we examine the plain-as-day record of our own doc- imagine what the founders—the fram- the public political literature written umented history? ers, the people who framed the Con- between 1760 and 1805, the book most Power unchecked by moral insight, stitution, the people who voted on the frequently cited in that literature is teaching untempered by spiritual val- ratification of the Constitution—how the Bible. ues, government unenlightened by they would feel? I believe they would Saint Paul, the great apostle, is cited faith in a Creator—no city and no na- be appalled at the Court’s apparent about as frequently as Montesquieu tion can sustain such a course. While drift over the last 40 years toward total and Blackstone, the two most cited we may distract ourselves for a time secularism and away from any mod- secular authors. Deuteronomy is cited with the affluence that a booming icum of voluntary religious expression almost twice as often as all of Locke’s economy provides, eventually there is in the public schools of this country. writings put together. a kind of nihilism in a society whose Now let us briefly reflect upon the Many of the references to the Bible God is materialism—whose only God is impact of religion on the development came from reprinted sermons, while materialism. of American constitutionalism. Let’s other citations came from secular Look carefully around you at the cul- go back. Let’s go back over the dec- works. Saint Paul was the favorite in ture of America today. Just stop and ades, yea, even over the centuries, and the New Testament, especially his think for a moment. You do not even reflect upon the impact of religion on Epistle to the Romans, in which he dis- have to look around you. Stop and the development of American constitu- cusses the basis for, and limits on, obe- think for a moment about the culture tionalism. We will find that the roots dience to political authorities. From of this country today. Note the banal- of religion run deep. As one scholar, the Old Testament, Deuteronomy was ity of most public discourse, the lack Donald S. Lutz, has noted—this is what the most cited book, followed by Isa- of respect for authority, the absence of he says—‘‘The political covenants writ- iah, Genesis, Exodus, and Leviticus. common civility, the crudeness of pop- ten by English colonists in America The authors most frequently referred ular entertainment, the glorification of lead us to the church covenants writ- to the sections about covenants and violence. ten by Protestants in the late 1500’s God’s promises to Israel. There is no map, there is no compass, and early 1600’s and these, in turn, lead The movement towards independence there is no vision, and ‘‘Where there is us back to the Covenant tradition of found the clergy out in front—the no vision, the people perish.’’ the Old Testament.’’ That is what he movement toward independence in this Mr. President, the very first sentence said. The American constitutional tra- country found the clergy out in front, of the first amendment to the Con- dition derives in much of its form and not back in the closet; out in front— stitution of the United States—here is content from the Judeo-Christian tra- and the clergy were also most vigorous the Constitution; so small that it fits dition—we can’t avoid it; it is there; in maintaining morale during the Rev- into a shirt pocket—the very first sen- nothing can erase it; you can take all olutionary War. When reading com- tence of the first amendment to the the history books out of the schools prehensively in the political literature July 17, 2000 CONGRESSIONAL RECORD — SENATE S6997 of the war years, one cannot but be The foregoing extracts, and others, ment consultations and the wise measures, struck by the extent to which biblical from American historical documents on which the success of this government sources used by ministers and tradi- are sufficient to impress us with the must depend. tional Whigs undergirded the justifica- fact that religious conviction per- There you have it. tion for the break with Great Britain, meated the blood stream of American Having quoted from Washington’s the rationale for continuing the war, Constitutionalism and American first inaugural address, now let me and the basic principles of Americans statecraft as far back as 200 years prior quote briefly from Lincoln’s first inau- writing their own Constitutions at the to the writing of the Constitution in gural address—no hesitation here State level. 1787. about calling upon—no hesitancy here Let us look at the Mayflower Com- Now let us examine the first inau- about calling upon the Creator: ‘‘If the pact, of November 11, 1620. Here is what gural address of George Washington, Almighty Ruler of Nations—he is not they wrote: 1789, who had been chairman of the talking about King George III—with In the name of God, Amen. We, whose convention which framed the Constitu- His eternal truth and justice, be on names are underwritten, the loyal subjects tion. Here is the greatest President we your side of the North, or on yours of of our dread sovereign Lord, King James, by the South, that truth and that justice the grace of God, . . . having undertaken, for have ever had. A few extracts therefrom will leave no doubt as to where will surely prevail by the judgment of the glory of God, and advancement of the this great tribunal of the American Christian faith, . . . by these presents sol- the Nation’s first President stood when emnly and mutually in the presence of God, it came to religious expression in mat- people . . . .; Intelligence, patriotism, and of one another, covenant and combine ters pertaining to Government: ‘‘. . . it Christianity, and a firm reliance on ourselves together into a civil body politick, would be peculiarly improper to omit, Him who has never yet forsaken this for our better ordering and preservation and in this first official act, my fervent favored land are still competent to ad- furtherance of the ends aforesaid; and by vir- just in the best way all our present dif- supplications to that Almighty Being tue hereof to enact, constitute, and frame ficulty.’’ who rules over the Universe, who pre- such just and equal laws, ordinances, acts, Issuing the Emancipation Proclama- Constitutions, and offices, from time to sides in the councils of nations, and tion in 1863, Lincoln closed his remarks time, as shall be thought most . . . conven- whose providential aids can supply ient for the general good of the colony unto with these words: ‘‘And upon this act, every human defect, that His bene- sincerely believed to be an act of jus- which we promise all due submission and diction may consecrate to the liberties obedience. . . . tice, warranted by the Constitution, and happiness of the people of the That was the Mayflower Compact. upon military necessity, I invoke the United States a government instituted considerate judgment of mankind and The authors of the Mayflower Compact by themselves for these essential pur- had no hesitation about mentioning the gracious favor of Almighty God.’’ poses, and may enable every instru- That is Abraham Lincoln. God, no hesitation about placing their ment employed in its administration to lives in his hands and saying so. Now Lincoln, in his second inaugural ad- execute with success the functions al- let us examine briefly ‘‘The Funda- dress, rises to a rare pitch of eloquence, lotted to His charge. In tendering this mental Orders of Connecticut.’’ Here marked by a singular combination of homage to the great Author of every we will find many references to the tenderness and determination: public and private good, I assure my- Deity, in these orders which were If we shall suppose that American slavery adopted by a popular Convention of the self that it expresses your sentiments is one of those offenses which, in the provi- three towns of Windsor, Hartford, and not less than my own; nor those of my dence of God, must needs come, but which, having continued through His appointed Wethersfield, on January 14, 1639, 361 fellow citizens at large less than either. No people can be bound to acknowledge time, He now wills to remove, and that He years ago. The form, according to his- gives to both North and South this terrible torians, was ‘‘the first written Con- and adore the Invisible Hand which conducts the affairs of men more than war, as the woe due to those by whom the of- stitution, in the modern sense of the fense came, shall we discern therein any de- term, as a permanent limitation on the people of the United States. Every parture from those divine attributes which governmental power, known in history, step by which they have advanced to the believers in a living God always ascribe and certainly the first American Con- the character of an independent nation, to Him? Fondly do we hope—fervently do we stitution of government to embody the seems to have been distinguished by pray—that this mighty scourge of war may Democratic idea.’’ some token of providential agency.’’ speedily pass away. Yet, if God wills that it I shall quote the following references That is George Washington, the fa- continue until all the wealth piled by the ther of our country, the commander in bondsman’s 250 years of unrequited toil shall to the Deity from The Fundamental be sunk, and until every drop of blood drawn Orders of Connecticut: Forasmuch as it chief at Valley Forge, the presiding of- with the lash shall be paid by another drawn hath pleased the Almighty God by the ficer of the Constitutional Convention, with a sword, as was said three thousand wise disposition of his divine provi- first President of the United States and years ago, so still it must be said: ‘‘The judg- dence . . .’’; ‘‘and well knowing where a the best by any measure, by any stand- ments of the Lord are true and righteous al- people are gathered together the word ard. He had no hesitancy in speaking of together.’’ of God requires that to maintain the that invisible hand that guides the Na- Now hear that, Supreme Court of the peace and union of such a people, there tion. If he were alive today and a Mem- United States. Hear those words by should be an orderly and decent gov- ber of this Senate or a Member of the Abraham Lincoln. ernment established according to God, Supreme Court or President of the Lincoln then went on to say those . . .’’; ‘‘. . . to maintain and preserve the United States again. How clear, how words with which we all are so famil- liberty and purity of the Gospel of our incisive, and how powerful were these iar: ‘‘With malice towards none; with Lord Jesus which we now profess, . . .’’; allusions to God by our first and great- charity for all; with firmness in the ‘‘. . . do swear by the great and dreadful est President! right, as God gives us to see the right, name of the everlasting God, . . .’’; Further expressions by George Wash- let us strive on to finish the work we ‘‘. . . so help me God, in the name of ington in that same inaugural address are in; to bind up the nation’s wounds; the Lord Jesus Christ . . .’’; ‘‘. . . ac- were indicative of an unabashed reli- to care for him who shall have borne cording to the righteous rule of God’s gious faith: the battle and for his widow and his or- word; so help me God, and so forth.’’ Since we ought to be no less persuaded phan, to do all which may achieve and Now let us look at the opening words that the propitious smiles of heaven can cherish just and lasting peace among of the treaty with Great Britain in never be expected on a nation that dis- ourselves and with all nations.’’ 1783, 217 years ago, providing for the regards the eternal rules of order and right, How can one read and reflect upon complete independence of the Amer- which heaven itself has ordained; . . .; I shall these clear and unrestrained references ican states and acknowledgment by take my present leave, but not without re- to Almighty God expressed by our na- Great Britain: ‘‘In the name of the sorting once more to the benign Parent of tion’s two greatest Presidents—Wash- the human race, in humble supplication, ington and Lincoln—and hold any Most Holy and Undivided Trinity. It that, since He has been pleased to favor the having pleased the Divine Providence American people with opportunities for de- doubt whatsoever as to the impact of to dispose the hearts of the most se- liberating in perfect tranquility . . . .; . . . so religion upon the thoughts, the char- rene and most potent Prince George His divine blessing may be equally con- acter, and the lives of the two greatest III, by the grace of God. . . .’’ spicuous in the enlarged views, the tempera- statesmen America has ever produced? S6998 CONGRESSIONAL RECORD — SENATE July 17, 2000 And yet, the Supreme Court in recent in Europe during World War II, and had at the interpretations of the First years, in majority opinions, has not served as Supreme Commander of Amendment clause by U.S. Supreme scrupled to bow to materialism in the NATO, took the oath of office as Presi- Court rulings concerning prayer in the Court’s rulings concerning voluntary dent using both George Washington’s public schools of America. I say that prayer in public school settings! Bible and one given to him by his those rulings are having the effect of A further examination of the inau- mother at his graduation from the ‘‘prohibiting the free exercise’’ of reli- gural addresses of the Presidents finds Military Academy at West Point. gion. The court has drifted too far from John Adams, the second President, Many of us remember his prayer at the shore. closing his inaugural address with the the beginning of his first inaugural ad- I lauded the six members of the Su- following invocation: dress: preme Court whose votes declared the And may that Being who is supreme over Almighty God, as we stand here at this mo- Line Item Veto Act of 1995 to be uncon- all, the Patron of Order, the Fountain of Jus- ment my future associates in the executive stitutional. But the Court’s majority tice, and the Protector in all ages of the branch of government join me in beseeching has adopted a dangerous trend in case world of virtuous liberty, continue His bless- that Thou will make full and complete our after case concerning the free exercise ing upon this nation and its government and dedication to the service of the people in this of religion in the public schools. The give it all possible success and duration con- throng, and their fellow citizens everywhere. sistent with the ends of His providence. Give us, we pray, the power to discern situation has become so bad that most Thomas Jefferson’s closing words in clearly right from wrong, and allow all our school boards frown upon the use of his second inaugural address were words and actions to be governed thereby, God’s name by teachers or students for these: and by the laws of this land. Especially we fear of being hit with a costly law suit. pray that our concern shall be for all the I shall need, too, the favor of that Being in I have had that happen right in West people regardless of station, race, or calling. whose hands we are, who led our fathers, as Virginia, and just within the last year. May cooperation be permitted and be the Israel of old, from their native land and Consequently, God is being driven out mutual aim of those who, under the concepts planted them in a country flowing with all of the public schools completely. I of our Constitution, hold to differing polit- the necessaries and comforts of life; who has ical faiths; so that all may work for the good shudder to think that what we put into covered our infancy with His providence and of our beloved country and Thy glory. Amen. the schools will, in a generation, domi- our riper years with His wisdom and power, nate the nation, and what we drop from and to whose goodness I ask you to join in Dwight D. Eisenhower led the Nation supplications with me that He will so en- in prayer himself. the schools will, in a generation, leave lighten the minds of your servants, guide Eisenhower’s was the first prayer to the nation. Can it be said, therefore, their councils, and prosper their measures be uttered by a President in his inau- that the U.S. Supreme Court is heading that whatsoever they do shall result in your gural address to the nation, but it was us down the road to becoming a godless good, and shall secure to you the peace, not to be the last. President Reagan, in nation? friendship, and approbation of all nations. his second inaugural address, began his The opponents of voluntary prayer in James Madison, the chief author of inaugural address with a silent prayer: schools are quick to say that the place our Constitution, showed no hesitancy I wonder if we could all join in a moment for prayer is in the home—and it is— in expressing his dependence upon of silent prayer. [Moment of silent prayer.] and not in the schoolroom. This argu- Providence: Amen. ment portrays an amazing ignorance of My confidence will under every difficulty George Bush, after taking the oath the religious awareness that has been be best placed, next to that which we have with his hand placed on George Wash- the underpinning of our Republic from all been encouraged to feel in the guardian- ington’s Bible, began his presidency its earliest beginnings. Prayer in the ship and guidance of that Almighty Being public schools was prevalent in our whose power regulates the destiny of na- with a prayer: tions, whose blessings have been so conspicu- And my first act as President is a prayer. country until the courts began to whit- ously dispensed to this rising Republic, and I ask you to bow your heads: tle away at this tradition in recent to whom we are bound to address our devout Heavenly father, we bow our heads and years. So, we are told that there is no gratitude for the past, as well as our fervent thank You for Your love. Accept our thanks place for God in the schoolroom. supplications and best hopes for the future. for the peace that yields this day and the It must be confusing to the child who Having quoted from the inaugural ad- shared faith that makes its continuance is taught by parents at bedtime to re- likely. Make us strong to do Your work, will- peat the words: ‘‘Now I lay me down to dresses of our country’s first four ing to heed and hear Your will, and write on Presidents, I shall now recall to my fel- our hearts these words: ‘Use power to help sleep, I pray the Lord my soul to keep; low Senators references to God in the people.’ For we are given power not to ad- if I should die before I wake, I pray the inaugural addresses of four Presidents vance our own purposes, nor to make a great Lord my soul to take’’, but if the same in the current 20th century. I begin show in the world, nor a name. There is but child mentions the Lord’s name in with William Howard Taft who, subse- one just use of power, and it is to serve peo- school, the teacher feels it necessary to quent to having served as President, ple. Help us to remember it, Lord. Amen. say ‘‘shuh, we must not mention the fulfilled a lifelong dream in 1921 when That was George Bush. Lord’s name in school.’’ he was sworn in as Chief Justice of the I have a reason for quoting from At home and at the breakfast table, United States. He ended his inaugural these great American documents and America’s children are taught to say: address with these words: for these inaugural and other addresses ‘‘God is great, God is good, and we I invoke the considerate sympathy and by some of our Presidents. There have thank Him for this food; by His good- support of my fellow citizens and the aid of been other Presidents whom I could ness all are fed, give us Lord our daily the Almighty God in the discharge of my re- have quoted. bread,’’ but in the schoolroom at sponsible duties. All of these references to religious lunchtime, the children must not say Franklin D. Roosevelt refers to the faith that I have quoted from early grace over the food. That might offend Supreme Being in each of his inaugural American documents and from inau- someone. Hence, the home and the addresses, but I shall quote only from gural addresses by Presidents bear wit- school are at war with each other the fourth and last: ness to the fact that a strong spiritual today. The Almighty God has blessed our land in consciousness has pervaded the fabric I wonder if the high court is aware of many ways. He has given our people stout of American statecraft and American the chaos that it is creating in the hearts and strong arms with which to strike Constitutionalism for two centuries schools of the country? School admin- mighty blows for freedom and truth. He has prior to the writing of the U.S. Con- istrators are caught in a bind. I wonder given to our country a faith which has be- stitution and for these two centuries if the court is aware of the harm that come the hope of all peoples in an anguished following that event. it is doing to the nation when it world. So we pray to Him now for the vision to Mr. President, the Framers of the strongly enforces the first half of the see our way clearly—to see the way that Constitution, the voters who ratified religious clause while it shows a dan- leads to a better life for ourselves and for all that Constitution, the members of the gerous bias against the second half of our fellow men—to the achievement of His First Congress who supported the first the same clause? Isn’t it about time will, to peace on earth. amendment to the Constitution, and that the Supreme Court demonstrates Dwight D. Eisenhower, who had been the people in the states who ratified an equal balance in its interpretation Supreme Commander of Allied Forces the First Amendment, would be aghast of the first sentence of the First July 17, 2000 CONGRESSIONAL RECORD — SENATE S6999 Amendment to the Constitution? It made a sobering suggestion that clergymen at so late a stage might lead seems to me that the court is drifting brought the assembly of doubting the public to suspect dissensions in the farther and farther to the left of center minds ‘‘to a realization that destiny Convention. Williamson of North Caro- in its drift towards materialism and herself sat as guest and witness in this lina made the frank statement that ev- radical secularism as its opinions serve room.’’ The weather had been hot, and eryone knew the real reason for not en- more and more to inhibit any display the delegates to the Convention were gaging a chaplain: the Convention had of religious belief by the nation’s tired and edgy. The debates were seem- no funds. Franklin’s motion failed, school children. In an effort to ensure a ingly getting nowhere and a melan- though Randolph proposed that on the tolerance for all beliefs, the courts are choly cloud seemed to hover over the approaching Fourth of July, a sermon bending too far, in effect, establishing Convention. Little progress was being be preached at the request of the Con- an environment of intolerance rather made, and the prevailing winds were vention and that thenceforth prayers than tolerance. those of discouragement, dissension, be used. In any event, we can all learn Mr. President, we rail, and moan, and and despair, when old Dr. Franklin, sit- a lesson from this episode: God was gnash our teeth, and wring our hands ting with the famous double spectacles very much a part of national life at a as we see more and more violence in low on his nose, broke silence; he had time when the greatest document of its our schools and a general decline in said little during these past days. Ad- kind—the Constitution of the United morals throughout the nation. Is it any dressing himself to George Washington States—was ever written, a time when wonder? Our nation’s leaders are no in the chair, Franklin, according to it was being formed. longer paragons of rectitude. Don’t Catherine Drinker Bowen, in her book, Mr. President, I close with words point to them as being the idols of our ‘‘Miracle at Philadelphia,’’ reminded from the Bible, which Franklin aptly youth. The institution of marriage is the Convention how, at the beginning used in his speech: ‘‘Except the Lord crumbling; the church, more and more, of the war with England, the Conti- build the house, they labor in vain that refrains from speaking out boldly on nental Congress had had prayers for Di- build it; except the Lord keep the city, the great moral issues of the day; and vine protection, and in this very room. the watchman waketh but in vain.’’ God is being driven from the class- ‘‘Our prayers, Sir, were heard,’’ said It would be well, Mr. President, if rooms of our nation’s schools by the Franklin, ‘‘and they were graciously this Biblical admonition were kept in U.S. Supreme Court’s decisions that answered. All of us who were engaged mind as future cases concerning school favor secularism, materialism, and the in the struggle must have observed fre- prayer come before the courts of the stifling of any voluntary and free exer- quent instances of a Superintending land. As a matter of fact, this admonition cise of religion in the public schools. Is providence in our favor. To that kind is one on which all three branches of it any wonder that more and more par- Providence we owe this happy oppor- government should reflect. We here in ents are determined to send their chil- tunity of consulting in peace on the the legislative branch bear some re- dren to private schools and to religious means of establishing our future na- sponsibility. Here is where laws are schools? tional felicity. And have we now for- made, and here is where some positive Mr. President, George Washington, gotten that powerful friend? I have steps could originate on a path toward the Father of our country, our first lived, Sir, a long time, and the longer correcting a court imposed imbalance. President, bequeathed to us a clear vi- I live, the more convincing proofs I see The executive branch, too, could play sion of the importance of religion to of this truth—that God governs in the some useful role in that regard. This morality in our national life, when he affairs of men.’’ said, in his farewell address to the na- Bowen, in her magnificent story of being an election year, I urge that the tion in September, 1796: ‘‘Of all the dis- the Constitutional Convention, goes on Democratic and Republican political positions and habits which lead to po- to say that on Dr. Franklin’s manu- Conventions adopt planks—why not— litical prosperity, religion and moral- script of his little speech, ‘‘the word in their respective platforms advo- ity are indispensable supports. In vain God is twice underscored, perhaps as cating a Constitutional amendment would that man claim the tribute of indication to the printer. But whether concerning prayer in schools. Both the patriotism who should labor to subvert or no Franklin looked upon the Deity Democratic and Republican nominees these great pillars of human happiness, as worthy of three capital letters, his for President should be urged to sup- these firmest props of the duties of speech was timely.’’ You will read this port such an amendment. Both nominees should be urged to men and citizens. The mere politician, same speech in Madison’s notes. equally with the pious man, ought to ‘‘If a sparrow cannot fall to the speak out on this subject during the respect and to cherish them. A volume ground unseen by Him,’’ Franklin con- campaigns. I intend to urge that both could not trace all their connections tinued, ‘‘was it probable that an empire nominees do that. I thank all Senators and I yield the with private and public felicity. Let it could arise without his aid? ‘I firmly simply be asked, George Washington floor. believe this, and I also believe that Mr. HOLLINGS. I see the distin- said, where is the security for property, without his concurring aid we shall guished Senator from Colorado is sup- for reputation, for life, if the sense of succeed in this political building no posed to take over the time. I ask religious obligation desert the oaths, better than the builders of Babel.’’’ unanimous consent to be yielded 5 min- which are the instruments of investiga- Franklin proposed that ‘‘henceforth utes. tions in courts of justice? And let us prayers imploring the assistance of The PRESIDING OFFICER (Mr. with caution indulge the supposition heaven and its blessings on our delib- KYL). Under the previous order, the that morality can be maintained with- erations, be held in this Assembly Senator from Wyoming, Mr. THOMAS, out religion. It can’t be done. Whatever every morning before we proceed to or his designee, has from 2 o’clock may be conceded to the influence of re- business, and that one or more of the until 3 p.m. fined education on minds of peculiar clergy of this city be requested to offi- Does the Senator from Colorado wish structure, reason and experience both ciate in that service.’’ to respond to the Senator from South forbid us to expect that national mo- Roger Sherman at once seconded Carolina? rality can prevail in exclusion of reli- Franklin’s motion. Incidentally, on Mr. ALLARD. I am willing to grant gious principle.’’ I hope the Supreme yesterday, July 16, 1787, the convention the Senator from South Carolina 5 Court will review those words by our adopted the great compromise, without minutes. first president, the man who presided which none of us would be here today. The PRESIDING OFFICER. The Sen- over the Constitutional Convention in That compromise established two bod- ator from South Carolina is recognized. 1787. ies in the legislative branch and pro- f Mr. President, it is not an idle reflec- vided that each State would be equal in tion if, while discussing the issue of this branch, that we would have votes THE DEBT AND TAX CUTS prayer in the public schools, we con- in this branch. I won’t go further, but Mr. HOLLINGS. Mr. President, in re- template the profundity of Benjamin you might recall it was only yesterday. sponse to my amendment relative to Franklin’s words to the Constitutional But Hamilton and several others, eliminating the tax cut, I ask unani- Convention on June 28, 1787, when he wrote Madison, feared that calling in a mous consent that my comments of S7000 CONGRESSIONAL RECORD — SENATE July 17, 2000 February 10, this year, in the CONGRES- engaged in the biggest fraud. Tom Brokaw dent Clinton, of the deficit and debt, the na- SIONAL RECORD, be printed in the has written that the greatest generation suf- tional debt, and interest costs. fered the Depression, won the war, and then RECORD. There being no objection, the material was came back to lead. They not only won the There being no objection, the mate- ordered to be printed in the RECORD, as fol- rial was ordered to be printed in the war but were conscientious about paying for that war and Korea and Vietnam. Lyndon lows: RECORD, as follows: Johnson balanced the budget in 1969. FRAUD I ask unanimous consent to print in the Mr. HOLLINGS. Mr. President, if people RECORD the record of all the Presidents, back home only knew. This whole town is since President Truman down through Presi- HOLLING’S BUDGET REALITIES

Annual in- U.S. budget Borrowed Unified def- Actual def- National creases in President and year (outlays) (In trust funds icit with icit without debt spending for billions) (billions) trust funds trust funds (billions) interest (billions) (billions) (billions)

Truman: 1946 ...... 55.2 ¥5.0 ¥15.9 ¥10.9 271.0 ...... 1947 ...... 34.5 ¥9.9 4.0 +13.9 257.1 ...... 1948 ...... 29.8 6.7 11.8 +5.1 252.0 ...... 1949 ...... 38.8 1.2 0.6 ¥0.6 252.6 ...... 1950 ...... 42.6 1.2 ¥3.1 ¥4.3 256.9 ...... 1951 ...... 45.5 4.5 6.1 +1.6 255.3 ...... 1952 ...... 67.7 2.3 ¥1.5 ¥3.8 259.1 ...... 1953 ...... 76.1 0.4 ¥6.5 ¥6.9 266.0 ...... 1954 ...... 70.9 3.6 ¥1.2 ¥4.8 270.8 ...... Eisenhower: 1955 ...... 68.4 0.6 ¥3.0 ¥3.6 274.4 ...... 1956 ...... 70.6 2.2 3.9 +1.7 272.7 ...... 1957 ...... 76.6 3.0 3.4 +0.4 272.3 ...... 1958 ...... 82.4 4.6 ¥2.8 ¥7.4 279.7 ...... 1959 ...... 92.1 ¥5.0 ¥12.8 ¥7.8 287.5 ...... 1960 ...... 92.2 3.3 0.3 ¥3.0 290.5 ...... 1961 ...... 97.7 ¥1.2 ¥3.3 ¥2.1 292.6 ...... 1962 ...... 106.8 3.2 ¥7.1 ¥10.3 302.9 9.1 Kennedy: 1963 ...... 111.3 2.6 ¥4.8 ¥7.4 310.3 9.9 1964 ...... 118.5 ¥0.1 ¥5.9 ¥5.8 316.1 10.7 Johnson: 1965 ...... 118.2 4.8 ¥1.4 ¥6.2 322.3 11.3 1966 ...... 134.5 2.5 ¥3.7 ¥6.2 328.5 12.0 1967 ...... 157.5 3.3 ¥8.6 ¥11.9 340.4 13.4 1968 ...... 178.1 3.1 ¥25.2 ¥28.3 368.7 14.6 1969 ...... 183.6 0.3 3.2 +2.9 365.8 16.6 1970 ...... 195.6 12.3 ¥2.8 ¥15.1 380.9 19.3 Nixon: 1971 ...... 210.2 4.3 ¥23.0 ¥27.3 408.2 21.0 1972 ...... 230.7 4.3 ¥23.4 ¥27.7 435.9 21.8 1973 ...... 245.7 15.5 ¥14.9 ¥30.4 466.3 24.2 1974 ...... 269.4 11.5 ¥6.1 ¥17.6 483.9 29.3 1975 ...... 332.3 4.8 ¥53.2 ¥58.0 541.9 32.7 Ford: 1976 ...... 371.8 13.4 ¥73.7 ¥87.1 629.0 37.1 1977 ...... 409.2 23.7 ¥53.7 ¥77.4 706.4 41.9 Carter: 1978 ...... 458.7 11.0 ¥59.2 ¥70.2 776.6 48.7 1979 ...... 503.5 12.2 ¥40.7 ¥52.9 829.5 59.9 1980 ...... 590.9 5.8 ¥73.8 ¥79.6 909.1 74.8 1981 ...... 678.2 6.7 ¥79.0 ¥85.7 994.8 95.5 Reagan: 1982 ...... 745.8 14.5 ¥128.0 ¥142.5 1,137.3 117.2 1983 ...... 808.4 26.6 ¥207.8 ¥234.4 1,371.7 128.7 1984 ...... 851.8 7.6 ¥185.4 ¥193.0 1,564.7 153.9 1985 ...... 946.4 40.5 ¥212.3 ¥252.8 1,817.5 178.9 1986 ...... 990.3 81.9 ¥221.2 ¥303.1 2,120.6 190.3 1987 ...... 1,003.9 75.7 ¥149.8 ¥225.5 2,346.1 195.3 1988 ...... 1,064.1 100.0 ¥155.2 ¥255.2 2,601.3 214.1 1989 ...... 1,143.2 114.2 ¥152.5 ¥266.7 2,868.3 240.9 Bush: 1990 ...... 1,252.7 117.4 ¥221.2 ¥338.6 3,206.6 264.7 1991 ...... 1,323.8 122.5 ¥269.4 ¥391.9 3,598.5 285.5 1992 ...... 1,380.9 113.2 ¥290.4 ¥403.6 4,002.1 292.3 1993 ...... 1,408.2 94.3 ¥255.0 ¥349.3 4,351.4 292.5 Clinton: 1994 ...... 1,460.6 89.2 ¥203.1 ¥292.3 4,643.7 296.3 1995 ...... 1,514.6 113.4 ¥163.9 ¥277.3 4,921.0 332.4 1996 ...... 1,453.1 153.5 ¥107.4 ¥260.9 5,181.9 344.0 1997 ...... 1,601.2 165.9 ¥21.9 ¥187.8 5,369.7 355.8 1998 ...... 1,651.4 179.0 70.0 ¥109.0 5,478.7 363.8 1999 ...... 1,704.5 250.5 122.7 ¥127.8 5,606.5 353.5 2000 ...... 1,769.0 234.5 176.0 ¥58.5 5,665.0 362.0 2001 ...... 1,839.0 262.0 177.0 ¥85.0 5,750.0 371.0 * Historical Tables, Budget of the US Government FY 1998; Beginning in 1962 CBO’S 2001 Economic and Budget Outlook.

Mr. HOLLINGS. Mr. President, Lyndon ton’s State of the Union Address, said the both Democratic and Republican Presidents Johnson balanced the budget in 1969. At that talk cost $1 billion a minute. For an hour- and Democratic and Republican Congresses. time, the national debt was $365 billion with and-a-half talk, that would be $90 billion a Somebody wants to know why the economy an interest cost of only $16 billion. Now, year. Governor George W. Bush’s tax cut is good? If you infuse $175 billion a year for under a new generation without the cost of a costs $90 billion a year. Together, that is $180 some 30 years and do not pay for it, it ought war, the debt has soared to $5.6 trillion with billion. Just think, we can pay for both the annual interest costs of $365 billion. That is Democratic and Republican programs with to be good. right. We spend $1 billion a day for nothing. the money we are spending on interest and The trick to calling a deficit a surplus is to It does not buy any defense, any education, still have $185 billion to pay down the na- have the Government borrow from itself. The any health care, or highways. Astoundingly, tional debt. Instead, the debt increases, in- Federal Government, like an insurance com- since President Johnson balanced the budg- terest costs increase, while all in town, all in pany, has various funds held in reserve to et, we have increased spending $349 billion the Congress, shout: Surplus, surplus, sur- pay benefits of the program—Social Secu- for nothing. plus. Early each morning, the Federal Govern- Understand the game. Ever since President rity, Medicare, military retirement, civilian ment goes down to the bank and borrows $1 Johnson’s balanced budget, the Government retirement, unemployment compensation, billion and adds it to the national debt. We has spent more each year than it has taken have not had a surplus for 30 years. Senator in—a deficit. The average deficit for the past TRENT LOTT, commenting on President Clin- 30 years was $175 billion a year. This is with July 17, 2000 CONGRESSIONAL RECORD — SENATE S7001 highway funds, airport funds, railroad retire- They are all talking about paying off the There being no objection, the mate- ment funds. debt by 2013, and the actual document they rial was ordered to be printed in the Mr. President, I ask unanimous consent to submit shows the debt increasing each year, RECORD, as follows: print in the RECORD a list of trust funds and over that period an increase of over $1 looted to balance this budget. trillion. THE PUBLIC DEBT TO THE PENNY There being no objection, the material was Each year, Congress spends more than the ordered to be printed in the RECORD, as fol- President’s budgets. There is no chance of a Current: lows: surplus with both sides proposing to reduce 07/14/2000 ...... $5,666,749,557,909.16 revenues with a tax cut. But we have a sweetheart deal: The Republicans will call a Current month: Amount deficit a surplus, so they can buy the vote 07/13/2000 ...... $5,666,740,403,750.26 1998 1999 2000 with tax cuts; the Democrats will call the 07/12/2000 ...... 5,664,141,886,637.91 deficit a surplus, so they can buy the vote 07/11/2000 ...... 5,665,065,032,353.04 Social Security ...... 730 855 1,009 07/10/2000 ...... 5,662,949,608,628.38 Medicare: with increased spending. The worst abuse of 07/07/2000 ...... 5,664,950,120,488.65 HI ...... 118 154 176 campaign finance is using the Federal budg- SMI ...... 40 27 34 07/06/2000 ...... 5,665,885,115,450.41 Military Retirement ...... 134 141 149 et to buy votes. 07/05/2000 ...... 5,663,895,163,292.22 Civilian Retirement ...... 461 492 522 Alan Greenspan could stop this. He could 07/03/2000 ...... 5,656,715,920,235.71 Unemployment ...... 71 77 85 call a deficit a deficit. Instead, appearing be- Prior months: Highway ...... 18 28 31 06/30/2000 ...... 5,685,938,087,296.66 Airport ...... 9 12 13 fore Congress in his confirmation hearing, Railroad Retirement ...... 22 24 25 Greenspan, talking of the Federal budget, 05/31/2000 ...... 5,647,169,888,532.25 Other ...... 53 59 62 04/28/2000 ...... 5,685,108,228,594.76 stated: ‘‘I would fear very much that these 03/31/2000 ...... 5,773,391,634,682.91 Total ...... 1,656 1,869 2,106 huge surpluses . . .’’ and on and on. We are 02/29/2000 ...... 5,735,333,348,132.58 in real trouble when Greenspan calls huge 01/31/2000 ...... 5,711,285,168,951.46 Mr. HOLLINGS. Mr. President, these funds deficits ‘‘huge surpluses.’’ Greenspan thinks 12/31/1999 ...... 5,776,091,314,225.33 are held in trust for the specific purpose for his sole role is to protect the financial mar- 11/30/1999 ...... 5,693,600,157,029.08 which the taxes are collected. kets. He does not want the U.S. Government 10/29/1999 ...... 5,679,726,662,904.06 coming into the market borrowing billions Prior fiscal years: Under corporate law, it is a felony to pay 09/30/1999 ...... 5,656,270,901,615.43 off the company debt with the pension fund. to pay its deficit, crowding out private cap- 09/30/1998 ...... 5,526,193,008,897.62 But in Washington we pay down the public ital, and running up interest costs. 09/30/1997 ...... 5,413,146,011,397.34 debt with trust funds, call it a surplus, and But Congress’ job is to not only protect the 09/30/1996 ...... 5,224,810,939,135.73 they give us the ‘‘Good Government’’ award. financial markets but the overall economy. 09/29/1995 ...... 4,973,982,900,709.39 To make it sound correct, we divide the Our job, as the board of directors for the 09/30/1994 ...... 4,692,749,910,013.32 debt in two: The public debt and the private Federal Government, is to make sure the 09/30/1993 ...... 4,411,488,883,139.38 Government pays its bills. In short, our re- 09/30/1992 ...... 4,064,620,655,521.66 debt. Of course, our Government is public, 09/30/1991 ...... 3,665,303,351,697.03 and the law treats the debt as public without sponsibility is to eliminate waste. 09/28/1990 ...... 3,233,313,451,777.25 separation. The separation allows Wash- The biggest waste of all is to continue to 09/29/1989 ...... 2,857,430,960,187.32 ington politicians to say: We have paid down run up the debt with devastating interest 09/30/1988 ...... 2,602,337,712,041.16 the public debt and have a surplus. There is costs for nothing. In good times, the least we 09/30/1987 ...... 2,350,276,890,953.00 no mention, of course, that the Government can do is put this Government on a pay-as- Source: Bureau of the Public Debt. debt is increased by the same amount that you-go basis. Greenspan’s limp admonition the public debt is decreased. It is like paying to ‘‘pay down the debt’’ is just to cover his Mr. HOLLINGS. I also ask unani- off your MasterCard with your Visa card and backside. He knows better. He should issue a mous consent that the public Interest saying you do not owe anything. Dr. Dan clarion call to stop increasing the debt. Expense on the Public Debt Out- Crippen, the Director of the Congressional While he is raising interest rates to cool the standing, issued by the Secretary of Budget Office, describes this as ‘‘taking from economy, he should categorically oppose tax the Treasury, be printed in the RECORD. one pocket and putting it in the other.’’ cuts to stimulate it. There being no objection, the mate- For years we have been using the trust Our only hope is the free press. In the ear- rial was ordered to be printed in the funds to report a unified budget and a unified liest days, Thomas Jefferson observed, given deficit. This has led people to believe the a choice between a free government and a RECORD, as follows: Government was reporting net figures. It free press, he would choose the latter. Jeffer- INTEREST EXPENSE ON THE PUBLIC DEBT sounded authentic. But as the unified deficit son believed strongly that with the press re- OUTSTANDING appeared less and less, the national debt con- porting the truth to the American people, The monthly Interest Expense represents tinued to increase. While the unified deficit the Government would stay free. the interest expense on the Public Debt Out- in 1997 was $21.9 billion, the actual deficit Our problem is that the press and media standing as of each month end. The interest was $187.8 billion. In 1998 the unified budget have joined the conspiracy to defraud. They expense on the Public Debt includes interest reported a surplus of $70 billion, but actually complain lamely that the Federal budget for Treasury notes and bonds; foreign and do- there was a deficit of $109 billion. In 1999 the process is too complicated, so they report mestic series certificates of indebtedness, ‘‘unified surplus’’ was $124 billion, but the ‘‘surplus.’’ Complicated it is. But as to being notes and bonds; Savings Bonds; as well as actual deficit was $127.8 billion. a deficit or a surplus is clear cut; it is not Government Account Series (GAS), State and Now comes the Presidential campaign. So- complicated at all. All you need to do is go Local Government series (SLGs), and other special Security is a hot topic. Both parties are to the Department of the Treasury’s report cial purpose securities. Amortized discount shouting: Save Social Security. Social Secu- on public debt. They report the growth in or premium on bills, notes and bonds is also rity lockbox. The economy is humming, the national debt every day, every minute, included in interest expense. booming. With high employment, the Social on the Internet at The fiscal year Interest Expense represents Security revenues have increased. It appears ‘‘www.publicdebt.treas.gov.’’ the total interest expense on the Public Debt that, separate from Social Security, there In fact, there is a big illuminated billboard Outstanding for a given fiscal year. This in- will be enough trust fund money to compute on Sixth Avenue in New York that reports cludes the months of October through Sep- a surplus. We have reached the millennium— the increase in the debt by the minute. At tember. Utopia—enough money to report a surplus present, it shows that we are increasing the Fiscal year 2000: Interest expense without spending Social Security. debt every minute by $894,000. Think of June ...... $75,884,057,388.85 Washington jargon now changes. Instead of that—$894,000 a minute. Of course, increase May ...... 26,802,350,934.54 a ‘‘unified budget,’’ the Government now re- the debt, and interest costs rise. Already, in- April ...... 19,878,902,328.72 ports an ‘‘on-budget’’ and an ‘‘off-budget.’’ terest costs exceed the defense budget. Inter- March ...... 20,889,017,596.95 This is so we can all call it an on-budget sur- est costs, like taxes, must be paid. Worse, February ...... 20,778,646,308.19 plus, meaning without Social Security. But while regular taxes support defense, and January ...... 19,689,955,250.71 to call it an on-budget surplus, the Govern- other programs, interest taxes support December ...... 73,267,794,917.58 ment spends $96 billion from the other trust waste. Running a deficit of over $100 billion November ...... 25,690,033,589.51 funds. today, any tax cut amounts to an interest October ...... 19,373,192,333.69 We ended last year with a deficit of $128 tax increase—an increase in waste. billion—not a surplus. The President’s budg- If the American people realized what was Fiscal year total .... 302,253,950,648.74 et just submitted shows an actual deficit going on, they would run us all out of town. each year for the next 5 years. Instead of Available historical paying down the debt, the President shows, Mr. HOLLINGS. I ask unanimous consent the Public Debt to the Penny, data—fiscal year end: on page 420 of his budget, the debt increasing 1999 ...... 353,511,471,722.87 from the year 2000 to the year 2013—$5.686 issued by the Secretary of the Treas- 1998 ...... 363,823,722,920.26 trillion to $6.815 trillion, an increase of $1.129 ury, dated as of last Friday, July 14, be 1997 ...... 355,795,834,214.66 trillion. printed in the RECORD. 1996 ...... 343,955,076,695.15 S7002 CONGRESSIONAL RECORD — SENATE July 17, 2000 1995 ...... 332,413,555,030.62 1988 ...... 214,145,028,847.73 States, dated June 26, be printed in the 1994 ...... 296,277,764,246.26 E-mail your questions and comments about this RECORD. 1993 ...... 292,502,219,484.25 page. 1992 ...... 292,361,073,070.74 There being no objection, the mate- 1991 ...... 286,021,921,181.04 Mr. HOLLINGS. I ask unanimous rial was ordered to be printed in the consent that table 23 of the midsession 1990 ...... 264,852,544,615.90 RECORD, as follows: 1989 ...... 240,863,231,535.71 review by the President of the United TABLE 23.—FEDERAL GOVERNMENT FINANCING AND DEBT [In billions of dollars]

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Financing: Unified surplus or deficit (¥) ...... 211 228 224 236 255 268 286 304 332 364 416 500 547 Off-budget surplus: Social Security solvency lock-box: Social Security solvency transfers ...... 123 147 Other Social Security surplus (including Postal) ...... 148 160 176 191 204 226 239 256 273 288 306 316 335 Medicare HI solvency lock-box: Medicare solvency transfers ...... 31 14 ...... 9 21 40 2 4 Other Medicare HI surplus ...... 24 29 33 39 40 41 47 46 48 51 57 58 60 On-budget surplus ...... 39 9 1 6 10111241411 Means of financing other than borrowing from the public: Premiums paid (¥) on buybacks of Treasury securities ...... ¥5 ¥2 ...... Changes in: Treasury operating cash balance ...... 6 10 ...... Checks outstanding, deposit funds, etc...... ¥4 ...... Seigniorage on coins ...... 2 2 22222222222 Less: Equity purchases by Social Security trust fund ...... ¥63 ¥82 Less: Net financing disbursements: Direct loan financing accounts ...... ¥27 ¥14 ¥18 ¥17 ¥16 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 Guaranteed loan financing accounts ...... 1 11222222233 Total, means of financing other than borrowing from the public ...... ¥27 ¥3 ¥14 ¥14 ¥12 ¥11 ¥12 ¥11 ¥11 ¥11 ¥11 ¥74 ¥93 Total, repayment of debt held by the public ...... 185 225 210 222 243 257 274 293 321 353 406 426 454 Change in debt held by the public ...... ¥184 ¥225 ¥210 ¥222 ¥243 ¥257 ¥274 ¥293 ¥321 ¥353 ¥406 ¥426 ¥454 Debt Subject to Statutory Limitation, End of Year: Debt issued by Treasury ...... 5,529 5,683 5,748 5,809 5,861 5,921 5,982 6,040 6,094 6,146 6,189 6,240 6,525 Adjustment for Treasury debt not subject to limitation and agency debt subject to limitation ...... ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 Adjustment for discount and premium ...... 5 5 5 5 444433222 Total, debt subject to statutory limitation ...... 5,519 5,673 5,737 5,798 5,850 5,910 5,971 6,028 6,082 6,134 6,176 6,227 6,511 Debt Outstanding, End of Year: Gross Federal debt: Debt issued by Treasury ...... 5,529 5,683 5,748 5,809 5,861 5,921 5,982 6,040 6,094 6,146 6,189 6,240 6,525 Debt issued by other agencies ...... 28 28 27 26 24 22 21 19 19 19 18 18 18 Total, gross Federal debt ...... 5,557 5,711 5,774 5,834 5,885 5,943 6,003 6,060 6,113 6,165 6,208 6,259 6,543 Held by: Debt securities held as assets by Government accounts ...... 2,108 2,487 2,760 3,042 3,335 3,651 3,985 4,334 4,708 5,113 5,561 6,038 6,543 Social Security ...... 1,005 1,165 1,341 1,532 1,737 1,963 2,201 2,457 2,729 3,014 3,318 3,692 4,090 Federal employee retirement ...... 681 718 756 792 828 864 899 932 965 997 1,027 1,056 1,085 Other ...... 422 604 663 718 770 823 885 944 1,014 1,102 1,216 1,290 1,368 Debt securities held as assets by the public ...... 3,449 3,224 3,014 2,792 2,550 2,293 2,018 1,726 1,405 1,052 646 220 ......

Mr. HOLLINGS. Mr. President, right passed the House, passed the Senate, two individuals were not married and to the point. Surplus, surplus, every- and is now going on to the President both earned the same amount of where man cries surplus—paraphrasing for his signature. money, and had each filed a single tax Patrick Henry. But there is no surplus. Both these taxes are prominent con- return, they would pay only $6,892 in I know not, of course, what others cerns of my constituents, at a time combined tax liability. There is a $763 may say, but as for me, I want to pay when the tax burden is at record high difference in tax liability. This is what down the debt rather than engage in levels in this country. When we are we refer to when we talk about the this shabby charade. As a result, the talking about eliminating the death marriage tax penalty. only way to do that and pay down the tax, we are talking about the family According to the Congressional Budg- debt is stop this sweetheart deal of giv- business and what happens to a family et Office, almost half of all married ing a little on spending increases and business after an unexpected death couples—it figures out to about 22 mil- giving a little again, of course, on tax without any estate planning, and how lion—suffered from the marriage tax cuts. We do not have a surplus to di- much the Government takes of that es- penalty last year. The average penalty vide. That is the point of my particular tate, forcing the sale. Many times it is paid by these couples was around $1,500. amendment. a farm or a ranch that has been in the In the previous example, the marriage I appreciate the distinguished Sen- family for many, many generations. penalty was the result of a higher com- ator from Colorado giving me these few When we talk about the marriage bined standard deduction for two work- moments, and I yield the floor. penalty—we are eliminating that un- ers filing as singles than for married The PRESIDING OFFICER (Mr. fair burden—we are talking about the couples, and the income tax bracket BUNNING). The Senator from Colorado. family. We are talking about reducing thresholds for married couples are less f the tax burden. We are talking about than twice the threshold for single tax- fairness and Tax Code simplification. payers. We are trying to eliminate this ELIMINATING THE MARRIAGE Just a brief description needs to be problem. PENALTY made of the marriage penalty. The The best illustration of the real tax Mr. ALLARD. Mr. President, I have marriage penalty exists when a mar- burden faced by families is to compare come to the floor to support elimi- ried couple, filing a joint tax return, today’s tax burden of an average fam- nating the marriage penalty. I think it pays higher taxes than if the same cou- ily with the tax burden of a family is timely that we have some votes ple were not married and were filing as with average income of four decades scheduled this evening, I understand individuals. The penalty varies, de- ago. The total tax burden for the fam- about 6:15 p.m. By eliminating the pending on the tax bracket in which ily today is 39 percent of its income. marriage penalty, we eliminate one of the couple may find themselves. The That is up from 18 percent in 1955. The the most egregious examples of unfair- example that has been used before is Federal payroll taxes and State and ness and complexity in the Tax Code to based on an assumption that both local taxes have literally doubled the date. Another example of that would be spouses are each holding down separate total tax burden faced by families. As a the death tax or the inheritance tax. jobs, each earning about $30,000, in 1999. result, the middle-income family today We dealt with that issue last week. I It is determined they would pay about has 25 percent less disposable income am extremely excited that it has $7,655 in Federal income taxes. If these than a similar family in 1955. July 17, 2000 CONGRESSIONAL RECORD — SENATE S7003 The bill we have been working on in Democratic President and he vetoed it. right thing to do, and I believe it is the Senate, and which many of us sup- Earlier this year, in April, there was a time to do away with the marriage tax port, addresses the standard deduction Democratic filibuster that prevented a penalty. problem I alluded to, and it increases marriage penalty bill from moving for- I yield the floor. the standard deduction for married ward. We need to pass and the Presi- The PRESIDING OFFICER. The Sen- couples filing jointly to twice the dent needs to sign a marriage tax pen- ator from Utah. standard deduction for single tax- alty provision to give relief to married Mr. HATCH. Mr. President, I rise payers. According to the Sub- couples. today to express my strong support for committee on Taxation, this provision This year I have held town meetings the Marriage Tax Penalty Relief Act of provides tax relief to approximately 25 in all 63 of Colorado’s counties. At 2000. This much-needed bill has had a million couples filing joint returns. those meetings I heard from many of long and difficult journey in getting to Hopefully, it can be made effective my constituents about how strongly this point where we can pass it in the after December 31, 2000. That is what they feel about tax relief. In Colorado, Senate. Passage will occur today; and, we are talking about in this particular over 400,000 couples incur an additional as we did in 1999, the Congress will send marriage penalty relief bill. tax burden simply because they are legislation to help married couples It also raises the tax brackets. The married. being hurt by marriage tax penalties to bill expands, over a 6-year period—this I have some numbers here, numbers the President. is not happening all at once, it is from the Congressional Budget Office. I I congratulate my colleague, the gradually happening over a 6-year pe- find them very disturbing. Almost half chairman of the Finance Committee, riod—the 15-percent and 28-percent in- of all married couples, the 22 million Senator ROTH, for his very effective come tax brackets for a married couple couples I mentioned earlier, suffered leadership on this issue. I realize that filing a joint return to twice the size of from the marriage penalty provisions this matter has not been an easy one the corresponding brackets for an indi- last year. for Chairman ROTH this year, because vidual filing a single return. This is a Again, as in the rest of the country, he has been unfairly criticized by our phase-in provision, ultimately pro- many of these couples on average have colleagues on the other side of the aisle viding relief to 21 million married cou- suffered a $1,500 penalty where, if they for taking the approach on marriage ples, including 3 million senior citi- had not been married, they would not tax penalty relief that is reflected in zens. have had to pay this amount. this bill. Let me explain. We also try to address the earned-in- Cumulatively, the marriage tax pen- The Senate last year, led by Chair- come credit. This bill increases the be- alty increases the taxes on affected man ROTH, passed a marriage penalty ginning and the end of the phase out of couples throughout the United States relief provision in the Taxpayer Refund the earned-income credit for couples by about $32 billion per year. That is Act, which used a different solution to filing a joint return. Currently, for a money that families could use toward the marriage penalty problem than the couple with two or more children, the their own needs, rather than Wash- one included in the bill before us today. earned-income credit begins phasing ington trying to set the priorities for Last year’s bill would have solved the out at $12,690 and is eliminated for cou- American families. marriage penalty problem by allowing ples earning more than $31,152. Under This penalty is not a tax on the rich. married couples the option of filing as this bill, the new range would be $2,500 The marriage tax penalty exists be- single taxpayers on a combined joint higher. The maximum increase in the cause of multiple tax brackets and the return. I supported that bill as did a earned-income tax credit in this provi- fact that the standard deductions for majority of our colleagues. It was a sion for an eligible couple is $526. As married couples are not twice those good approach to solving a major tax you recall, the earned-income tax cred- given to single people. This tax can be problem for American families. it was put in place to try to help low- incurred by folks in every tax bracket. Last year’s bill was effective in re- income individuals so they would be In fact, families with two wage earners lieving the marriage penalty. However, encouraged to go out and get a job and are the hardest hit by the marriage it left untouched another glaring fam- to stay off welfare. Also, there is a pro- penalty. There are more and more of ily tax problem that I will call the sin- vision preserving the family tax cred- these families in today’s workforce. gle-earner penalty. I would like to il- its. Many of these folks are in the lower to lustrate this with a hypothetical exam- The bill permanently extends the middle class—people working hard to ple of three Utah families. current temporary exemption from the provide for their children. Taxing these Let’s suppose we have three families, individual alternative minimum tax folks for being married is plain wrong. all neighbors living on the same street for family-related tax credits. This is Another one of the groups implicitly in Ogden, UT. These families are nearly so that, once you grant tax deductions taxed under the marriage penalty is identical, in that they each have three and credits, the alternative minimum the working poor. The earned-income children and household incomes of tax doesn’t come in and take that all tax credit is an effective tool in help- $80,000 per year. The only differences in away. ing these low-income workers, but the these three families are in the marital One of the complaints I hear from my EITC is phased out more quickly for status of the parents and in who earns constituents is it seems as if Congress married couples than for individuals. the income. In the first family, the has been working on tax cuts, they So the families incur a greater tax bur- Allen family, the parents are married pass tax cuts, they get signed by the den simply for being married. and both work outside the home and President, but we don’t seem to feel it Some colleagues of mine call for earn $40,000 each for a total of $80,000. when we are paying our taxes on April more Government spending for edu- The second family, the Brown family, 15. One of the reasons that you do not cation, health care, and housing. I be- are also married but only the husband feel it is because, in some cases, the al- lieve if we simply allow the American works outside the home, earning $80,000 ternative minimum tax kicks in, it family to keep more of their money, we per year. The third family, the Camp- takes effect, and that means the pre- permit them to better afford the things bell-Clark family, are unmarried par- vious tax cuts that were applied to a they need. ents and each of them earns $40,000 per particular taxpayer did not take effect In this time of a historic budget sur- year for a total of $80,000. because of the alternative minimum plus, we still have nearly record high As you can see from this chart, under tax. taxation. Hard-working American fam- current law, the Allen and the Brown Members of the Democratic Party ilies deserve to keep some of this families each pay about $9,200 in in- have thwarted passage of any kind of money. It is theirs in the first place, come tax each year. The Campbell- relief for marriage, as far as the Tax and I see it as the responsibility of Clark family, however, because they Code is concerned, since 1995. In 1995, Congress to return some of this money can file as single taxpayers, pay only a we had the marriage tax penalty bill to the people. combined $7,900. Because the Allens passed by the Congress, sent to the To permit the marriage tax penalty each earn one-half the family income, President, a Democratic President. He to continue is wrong. Allowing Amer- if they were to divorce and file as sin- vetoed it. In 1999, we sent a bill to the ican families to keep this money is the gles, they could reduce their combined S7004 CONGRESSIONAL RECORD — SENATE July 17, 2000 tax bill down to $7,900, the same as the It is mathematically impossible for child care is still provided by a parent. Campbell-Clarks. Therefore, the Allens the Tax Code to achieve all three of I have yet to hear a single Senator dis- suffer a marriage penalty of about these tax policy ideals simultaneously. agree with that. Yet, our Tax Code pe- $1,300 each year. One of the three objectives must be nalizes a family in which one parent The marriage penalty relief provision sacrificed. If we continue to insist on a makes this choice to stay at home with included in last year’s tax bill would progressive tax system, we cannot their children. have eliminated this marriage penalty solve both the marriage penalty and I am glad that my wife stayed home and reduced the tax bill of the Allen the one-earner penalty. Simply put, with our children. She did work in the family down to the same level paid by last year’s marriage penalty relief pro- early years of our marriage as a grade the Campbell-Clarks. However, by vision did solve the marriage penalty, school teacher, but she stayed home doing so it would have left behind the but it violated the one-earner penalty. virtually all of the time our children Brown family, who would still be pay- The bill before us today does not to- were growing up, and I think it shows. ing income taxes of $9,200 per year. tally solve the marriage penalty, but it It is high time we fix this problem. It This is not fair. We must not, in the greatly alleviates it for most families. is high time we correct the marriage name of fairness, fix the marriage tax And, it does not create a one-earner penalty for both the Allens and the problems of one category of families, penalty. All in all, it represents the Browns in Utah, and families like them but not another category. It is true fairest approach for the most families all over the country. Today, we have that the Browns do not suffer a mar- in our country. the means to do it. I say to my col- riage penalty, but why should they pay As long as we have a progressive tax leagues on the other side of the aisle: higher taxes simply because their fam- system, we will never achieve total There are no more excuses. ily income is earned by one spouse and family tax fairness. Therefore, no mar- Again, I thank Chairman ROTH for not two? riage tax penalty bill will be perfect. his insight and leadership on this im- There are approximately 210,000 cou- While making tremendous progress to- portant issue, and I urge my colleagues ples in my home state of Utah, who, ward marriage penalty relief for most to support final passage of this bill. I like the Allens, suffer a marriage pen- families, the bill before us leaves some urge President Clinton to sign it. alty. However, there are also about serious marriage penalties in place. One last thing, and that is, when you 108,000 couples in Utah who are like the For example, the current-law student have a $4.3 trillion surplus in the budg- Browns, and would be left behind by loan interest deduction provision pe- et, you know darn well somebody is marriage tax relief like we passed in nalizes married couples struggling to being taxed too much. Why can’t we at 1999. pay off student loans. In February, the least solve these inequities that are lit- Senate passed an amendment to the This is why this year’s marriage pen- erally calling out to us for a solution? education tax bill that Senator MACK alty bill is superior to last year’s. The Why can’t we make it clear that being and I offered that would have elimi- bill before us today lowers the tax bur- married should not be a disadvantage nated this problem. I had hoped to add den of both the Allen family and the to couples? Why don’t we make it clear that provision to this bill, but it would Brown family. It alleviates the mar- that we are going to treat married cou- not be germane under the reconcili- riage penalty and the one-earner pen- ples just as well as those who live to- ation rules. I hope we can take care of alty. It does not leave any family be- gether and are not married, who don’t that problem in another tax bill later hind. pay as much in taxes today? this year. These three families illustrate this as In essence, the Internal Revenue President Clinton has given strong well as I think we can illustrate it. Code results in marriage tax penalties indications he will veto this bill be- Why should the Allen family and the and bonuses because it pursues three cause it gives tax relief to families who Brown family pay $9,222, while the conflicting ideals or principles—mar- do not suffer from marriage penalties. Campbell-Clark family, just because riage neutrality, equal treatment of This is a shortsighted point of view they live together—each of them sin- married couples with the same house- that ignores the structure of our tax gle, and each of them earning $40,000— hold income, and progressive taxation. system and the needs of American fam- why should they get a tax bill of $1,300 The ideal of marriage neutrality ilies. less than the other two families? states that a couple’s tax liability In fact, it kind of makes me wonder I urge the President to sign this bill. should not be determined based on whether President Clinton’s real con- I think it is the right thing to do. their marital status. In other words, cern is the idea of cutting taxes. He has Mr. President, I yield the floor. there should not be a tax incentive ei- made no secret of his opposition to tax The PRESIDING OFFICER. The Sen- ther to marry, to remain single, or to cuts. He has fought us every step of the ator from Idaho. divorce. Under our example, current way in our efforts to return a portion f law does penalize the Allen family, be- of the budget surplus to those hard- cause they would pay about $1,300 per working Americans who produced it. PRAYERS AND THOUGHTS FOR year less if they were to divorce and But, I will be very sorry if a Presi- SENATOR PAUL COVERDELL live together. That is ridiculous. We dential veto denies American families Mr. CRAIG. Mr. President, before I want to encourage people to live to- even this tax cut which is not being deliver my remarks on the marriage gether in marriage. made for its own sake, but rather to tax penalty, for just a moment, let me The equally important principle of correct a longstanding inequity in the say that our colleague, PAUL COVER- equal treatment holds that married Tax Code. DELL, is struggling at this moment. couples with equal incomes should pay I implore the President to reconsider Our prayers and thoughts are with him the same amount in taxes without re- that all American families need fair and his wife Nancy as he struggles with gard to how much each spouse contrib- and substantial tax relief—those where his health in an Atlanta hospital. He is utes to the couple’s income. Under this both spouses work outside the home as a champion of the issue of the marriage principle, the Allens and the Browns well as those where one parent stays penalty tax relief. should pay the same tax since they are home. I hope he will sign this bill into f both married with identical family in- law. comes. Currently, they do pay the And, allow me to say just a word MARRIAGE PENALTY TAX RELIEF same, but this principle would be vio- about parents who forego outside in- Mr. CRAIG. Mr. President, certainly, lated if we did not also lower the come to remain at home. Everyone in KAY BAILEY HUTCHISON, our colleague Browns’ tax while fixing the Allens’ this body knows that I believe we must from Texas, has led us on the issue of marriage penalty. have adequate child care for those fam- the marriage penalty tax. I think prob- Progressive taxation is the principle ilies who need it. I have worked with ably she has sensitized all of us to it as that those with higher incomes should my Republican colleagues and my only a woman can. I mean that in the pay a higher percentage of their in- Democratic colleagues across the aisle sense of understanding the true bal- comes in taxes than is required of on child care legislation. But, I cannot ance that ought to be in this Tax Code those with lower incomes. say emphatically enough that the best that isn’t in the Tax Code. She has July 17, 2000 CONGRESSIONAL RECORD — SENATE S7005 been persistent with the Congress and lutions to their problems, or the cur- an antimarriage, antifamily penalty. with this Senate to assure that we de- rent Tax Code is fair. The Senate bill would begin addressing velop a sense of equity and balance in They are not worried about a Tax marriage penalty inequity in the EITC the Tax Code that our marriage pen- Code that charges a family an extra by first increasing the maximum credit alty tax relief legislation will offer. $1,400 or more, when a family certainly by $526, starting the phaseout range Who pays the marriage penalty? In needs that additional income as they $2,500 higher than it was at an income our country, about 22 million married become a family unit. They are op- level just above $15,000. couples do. They are not wealthy. They posed to all tax relief. If you pay taxes, The third area of discrimination is in are modest- and middle-income fami- somehow, in this argument, you are the tax brackets. For the average cou- lies. In my State of Idaho, that is rich; and the rich do not need the re- ple paying a marriage penalty, bracket 129,710 families. lief. discrimination charges them another To really bring this home, if, from How many times have we heard that? $1,000. Bracket discrimination usually the time a couple marries, they were to At least I have heard it in the good takes the lower income earned by one put away, with interest, the difference number of years I have been in the Sen- spouse, which would be taxed in the 15- in the disparity of taxes between $1,000 ate. Every time we talk about tax re- percent bracket if he or she were sin- and $1,400 per year, on the average, for lief, somebody over there on the other gle, and taxes it at the other spouse’s their first child, they could afford to side of the aisle says: Gee, those darn 28-percent rate. This devalues the pay 3 years of his or her education at a Republicans want to give that money spouse and the spouse’s work that pro- State institution in my State of Idaho. back to the rich, and the rich don’t vides the second income for the family. So it is significant. It is important. need tax relief. Of course, in some instances, both There is no question it would help, and Low- and middle-income families do spouses are professional and choose to can help, the American family. need tax relief. So the opposition on seek their profession in the market- The usual suspects out there who are the other side always ponies up some place. In other marriages, one spouse opposed to this, I think, are using the kind of what I call tax-relief ‘‘lite’’ simply wants to supplement the overall most tired and sad arguments against amendments to offer, so they can show family income to broaden the ability of that family to earn, to save, to invest, tax relief. They simply are arguing some degree of compassion. Yet at the and to provide for its children. In this from a position of the wrong facts. We same time they offer nothing except a instance, this particular structure of have heard them whining about tax new Government program. the Tax Code actually devalues the cuts and saying the tax cuts are for the Let me break it down into the three most significant ways that the Tax value of the income of that spouse who rich and somehow you ought not give goes into the marketplace to earn addi- Code extracts the marriage penalty for the rich any opportunity. Of course, in tional income for the family. this instance they have simply missed us to understand. For folks with modest means, this First of all, it is discrimination in the mark, and they know it. They adds what we could easily call insult to the standard deduction area. About know they are on the wrong side of this the very injury that the Tax Code lev- issue. two-thirds of the taxpayers take the ees to the taxpayer. Time after time on Tax relief, in the area of the mar- standard deduction. For a married cou- this floor, we hear how many families riage penalty tax, helps working fami- ple, the standard deduction this year is are forced to earn a second income to lies. It ends discrimination against $7,200. For two single taxpayers with make ends meet. Currently, the heavy married couples. It reduces the Tax the same combined income, it is $8,600. hand of Government has the first claim Code’s antifamily bias that no tax code This is the first $392 of the marriage on the second income. For anybody should have in it. We have always said penalty. Lower and middle-income tax- who would choose to vote against this that the very foundation of our culture payers are more likely to take the particular provision, shame on them. and our country is the family, and yet standard deduction than upper-income Especially shame on them if they then we take advantage of that union in the persons. Many middle-income families turn around and argue that cir- Tax Code by causing them to pay more who itemize are still hurt by standard cumstances are so tough out there that in taxes. deduction discrimination because the every family needs two incomes. Let us Low- and middle-income married amount of the standard deduction de- work today to lessen that burden, to couples are the ones who truly are hurt termines whether they itemize. In make it less tough, to give that family by this penalty. On average, a married other words, one element triggers the unit greater choices as to whether they couple hit by the marriage penalty will other element in our Tax Code. both want to work in the marketplace pay about $1,400 more a year in taxes The Senate bill would provide relief or one would choose to stay home. than two single persons at the same to 25 million couples by making the The Senate bill provides help for 21 combined income. That is where the standard deduction for married couples million couples, including 3 million penalty rests. filing jointly equal to the standard de- senior citizens, by expanding the 15-to- In total, the marriage penalty over- duction for two singles with the same 28 percent bracket for one couple to a charges couples in this country $32 bil- combined income. That is a little com- range equal to that for two singles. In lion a year, according to the Congres- plicated, but it is easy to understand addition, this bill preserves the full ef- sional Budget Office—that is right, $32 that for those who take the standard fect of the family tax credits enacted billion a year—that could stay out deduction—and those tend to be the in the 1997 Taxpayers Relief Act. We there with those young couples. lower and middle-income families—the now find that particular provision tak- I use the example in my State of benefit is immediate and, as we have ing effect. More and more middle-in- Idaho that if they simply put it in a said, is approximately $1,400 a year. come families are slipping into the al- bank, with interest, by the time their The second area deals with discrimi- ternative minimum tax or the AMT. In first child is old enough to go to col- nation in the earned-income tax credit fact, even some EITC families are now lege, they can afford his first or her area, the EITC. We are all familiar being affected by this. The AMT is al- first 3 years at a State institution in with the EITC. It is supposed to reward ready a dubious tax. It requires thou- my State. work, ease income tax and other tax sands of taxpayers to figure their re- I think those who oppose marriage burdens, and supplement incomes for turns according to two different tax tax penalty relief oppose, frankly, all low-income working families with chil- systems. I don’t think anyone really tax relief. The more they can get to dren. It is astonishing, in a program intended the AMT to apply and wipe spend on Government programs and designed to help lower income families, out the family tax credits we enacted Government solutions—and go home to the phaseout schedule for EITC bene- in 1997, including the $500-per-child tax their constituents and talk about what fits again imposes an antimarriage, credit, the HOPE education credit, the wonderful things Government is doing antifamily penalty. This is the very lifetime earnings credit, and the ongo- for them—somehow they think that program Congress designed to help lowing dependency care credit. It is time most of our citizens are either income families. Yet when we look in- to cut back on the antifamily AMT, undertaxed, and not giving enough to side the code, the way the IRS has in- and that is exactly what this provision Government for all those wonderful so- terpreted it and administers it, there is will do. S7006 CONGRESSIONAL RECORD — SENATE July 17, 2000 In conclusion, we want a Government BRYAN, follows up on a similar proposal The amendment that I’ve offered that is truly profamily. Certainly all of I offered in April to the Senate budget would force Congress to address these us—and in a sincere way—want to resolution that would have required priorities. It simply says that the tax make sure our laws are profamily. Yet Congress to enact a new Medicare pre- bill before the Senate today won’t take those who will vote against the mar- scription drug benefit before consid- effect until Congress has also fulfilled riage tax penalty are talking about two ering any massive tax cuts. While a its responsibility to enact a meaningful different systems. They are being very procedural hurdle prevented that Medicare prescription drug benefit. My inconsistent with honesty and integ- amendment from passing, fifty-one amendment won’t prevent Congress rity in debating this kind of an issue. senators voted to waive a budget point from enacting marriage penalty relief You cannot talk profamily on one side of order, indicating they favored it, and this year, nor will it keep a single mar- of the issue and turn around and vote sending the American people a strong ried couple from enjoying the tax bene- against this provision that we will be signal that a majority of the U.S. Sen- fits in this bill. What it will do is en- voting on on the floor this evening. ate thought we should put the needs of sure that we don’t backtrack from the Our Tax Code says, unless we change our nation’s seniors before excessive Senate’s vote to enact a prescription it tonight, don’t get married. And if tax cuts. drug benefit before we do major tax you do, you are going to pay higher The majority, however, has moved in cuts. taxes. We say it is time we create eq- the opposite direction since then. This Let me say, Mr. President, that this uity in this equation. Our Tax Code past Friday, we passed a large tax bill isn’t just rhetoric. The problems faced says you will pay a penalty if both that would phase out the tax on the es- by our nation’s seniors in affording spouses work and you will be the most tates of those seniors who die, but did prescription drugs are immediate and heavily taxed if your incomes are nothing to provide needed prescription real. I’d like to remind the Senate of a drugs that can preserve the lives of about equal. We say the best anti- story I heard from a physician in my those seniors who are living. Because I poverty program is a family and a job state recently about a patient who was had cosponsored earlier legislation to in America, or two jobs in America splitting her doses of Tamoxifin—a ease the estate tax burden in order to taxable at a lower rate, leaving more breast cancer drug—with two of her preserve family farms and small busi- money inside the family unit to pro- friends who also had breast cancer, but nesses, I voted for this bill. Even vide for that family and those portions couldn’t afford the medication. As a re- though all of our Democratic amend- of the American dream they seek to se- sult, all three women had inadequate ments were defeated—and look forward cure. We encourage our citizens to doses of the medication. to crafting more equitable legislation Or consider the story of a disabled fa- dream a better dream, of a fairer and to address these same concerns after ther of three from Pennington Gap, freer society. Our Tax Code has a great the President vetoes the bill we passed Virginia, who broke his neck several deal to say about the size and the scope Friday. of their dreams. The bill before the Senate now, how- years ago, and went from making I hope we will vote tonight to strike ever, is very different. Under the guise $50,000 a year to $800 a month in dis- a blow for a profamily, pro-American, of eliminating the ‘‘marriage penalty,’’ ability benefits. While he qualifies for American-dream approach, not have the majority has brought a bill to the Medicare, he’s forced to choose each the Tax Code constantly confusing the floor that would devote over half of its month between spending nearly half of message and sending a negative signal. benefits to people who either aren’t his disability benefit on prescription We are going to pass it, I do believe, married, or who are actually receiving drugs, or helping out his family, be- and seize the opportunity. right now a tax benefit, or ‘‘bonus,’’ for cause Medicare offers no coverage for In closing, I say to the President: being married. As I have stated pre- his medications. Come on. Quit playing the political viously, Mr. President, this takes a lot These Virginians are not alone in games you are playing right now. You of chutzpah. their troubles. The average Medicare have to have this new spending pro- Mr. President, I believe we ought to beneficiary will spend $1100 on prescrip- gram and this new spending program eliminate the marriage penalty for tion drugs this year. Most of them with a multitrillion-dollar surplus. those who actually suffer the marriage won’t have adequate prescription drug Give the highest taxed generation in penalty and need the relief most. With coverage to help them cover these history just a little break. When this all the rhetoric from the other side of crushing costs. And the numbers of bill gets to your desk, sign it. the aisle about eliminating the mar- those that do have coverage are drop- I yield the floor. riage penalty, one might think that ping rapidly. The PRESIDING OFFICER. The Sen- they’d share my view, and want to pass Despite the suggestions of some of ator from Virginia. a bill that would actually focus on the my colleagues, this problem isn’t lim- Mr. ROBB. Mr. President, I ask unan- penalty. ited solely to the poor. One in four imous consent that the Democratic But a closer examination of the Re- Medicare beneficiaries with a high inside be permitted to reclaim the 15 publican bill reveals that it isn’t quite come—defined as $45,000 a year for a minutes accorded to the other side of what it’s described to be. Mr. Presi- couple—has no coverage for prescrip- the aisle earlier today so that I may dent, there are in fact 65 provisions in tion drugs. And while some seniors do speak at this particular moment. the current tax code that contain a have coverage, nearly half of them lack Mr. CRAIG. Reserving the right to marriage penalty, including Social Se- coverage for the entire year, making object, and I will not, I ask unanimous curity. The bill reported from the Fi- them extremely vulnerable to cata- consent that Senator COLLINS retain 15 nance Committee on a straight party- strophic drug costs. minutes in morning business prior to line vote takes care of one marriage Complicating this matter for the el- the Interior bill following the com- penalty provision completely and two derly is the ‘‘senior citizens’ drug pen- ments of the Senator from Virginia. others partially, and leaves the other alty’’ that seniors without drug cov- The PRESIDING OFFICER. Without 62 marriage penalties untouched. The erage are forced to pay. Most working objection, it is so ordered. Democratic bill addresses all 65 provi- Americans who are insured through the f sions, and takes care of the entire pen- private sector pay less than the full re- alty for almost everyone. tail price for prescription drugs. This is PRESCRIPTION DRUG AMENDMENT Mr. President, it’s time that we set because insurers generally contract ON THE MARRIAGE PENALTY our priorities straight. We ought not to with private sector entities that nego- RECONCILIATION BILL be devoting billions of dollars of the tiate better prices for drugs, and pass Mr. ROBB. Mr. President, I rise surplus to individuals who currently on the power of group purchasing to today to speak about an amendment suffer no marriage penalty whatever their customers. that I submitted on Friday to the mar- when we’ve done nothing to help those Seniors lack this option, however, riage penalty bill, which the Senate that suffer from the ‘‘senior citizens’ and must still pay full price for their will take up and vote on later today. drug penalty’’—the high prices our na- drugs. One recent study showed that My amendment, which is cosponsored tion’s seniors are forced to pay for pre- seniors without drug coverage typi- by Senators KENNEDY, GRAHAM and scription drugs. cally pay 15 percent more than people July 17, 2000 CONGRESSIONAL RECORD — SENATE S7007 with coverage. And the percentage of S. 2879 are located in today’s RECORD The PRESIDING OFFICER. Without Medicare beneficiaries without drug under ‘‘Statements on Introduced Bills objection, it is so ordered. coverage who report not being able to and Joint Resolutions.’’) Mr. THOMPSON. Madam President, afford a needed drug is about 5 times f as we debate this bill to provide fund- higher than those with coverage. ing for the Department of the Interior CONCLUSION OF MORNING This ‘‘senior citizens’ drug penalty,’’ in the next fiscal year, I would like to BUSINESS in my view, is unconscionable. Senior discuss an issue that is of increasing citizens are more reliant on drugs, and The PRESIDING OFFICER. Morning concern to me: our underinvestment in have higher drug costs, than any other business is closed. our national parks. segment of the population. They de- f There are 379 national parks in the serve to have the same bargaining DEPARTMENT OF THE INTERIOR United States and U.S. territories, cov- power that benefits other Americans. AND RELATED AGENCIES APPRO- ering over 80 million acres. These parks Mr. President, in April, the other PRIATIONS ACT, 2001 provide Americans with an opportunity side spoke against my budget amend- to enjoy activities such as hiking, ment, claiming that there was already The PRESIDING OFFICER. Under camping, white water rafting, or horse- adequate language in the Republican the previous order, the hour of 3 p.m. back riding in some of the most beau- budget resolution to ensure that we having arrived, the Senate will now re- tiful sites in the world. The Great sume consideration of H.R. 4578, which pass a prescription drug benefit this Smoky Mountains National Park in the clerk will report. year. At the time, they pointed to the my home State of Tennessee is often The assistant legislative clerk read referred to as the crown jewel of the $40 billion reserve fund which was in- as follows: cluded in the budget resolution that national park system, and for good rea- A bill (H.R. 4578) making appropriations son. the Committee had reported, arguing for the Department of the Interior and re- that this would provide ample money lated agencies for the fiscal year ending Sep- But one can’t help but be concerned to enact a prescription drug benefit tember 30, 2001, and for other purposes. about what is happening in our parks and offer tax relief. The PRESIDING OFFICER. The Sen- today. I have seen first hand the prob- Republicans asked, in essence, that ator from Washington. lems associated with air pollution, we trust them that the Senate won’t Mr. GORTON. Mr. President, we are traffic congestion, and invasive species put tax cuts before our nation’s sen- now back for the final 3 and one-quar- in our parks. Folks come to the Smok- iors. Let me say that I do trust my ter hours of debate on amendments to ies to escape the big city and breathe good friends on the other side of the the Interior appropriations bill. Any the clean mountain air. Unfortunately, aisle. But to borrow a line from Ronald Member who reserved an amendment there are too many days now when the Reagan, I believe we should trust—but to that bill may present it between air quality in the Smokies is worse verify. That requires deeds as well as now and 6:15 this evening, at which than in major cities. Already this year, words. time, by unanimous consent, we go to the park has recorded 13 days with Mr. President, our nation’s seniors the marriage penalty bill for what may unhealthy ozone levels. Who would be- deserve better than this. In April, at be an extended series of votes. Any of lieve that visiting a national park least fifty-one senators felt the same the amendments reserved on the Inte- could be hazardous to your health? way. I urge every one of them, as well rior bill will be voted on, if, in fact, the Air pollution is also diminishing the as senators who opposed my amend- vote is necessary, tomorrow morning. experience of visitors in the park. Peo- ment then because they thought the I list 12 amendments that were re- ple visit the Smokies for the magnifi- $40 billion reserve fund would guar- served for debate during this period of cent mountain vistas. Unfortunately, antee a prescription drug benefit, to time. I am informed by staff that we the pollution reduces their visibility support my amendment now. With its have settled 4 of them. That leaves not only by affecting how far they can passage, we’ll be able to eliminate both eight amendments: two by the Senator see from a scenic overlook, but also the true ‘‘marriage penalty’’ and the from New Mexico, Mr. BINGAMAN; one how well they can see. Ground level ‘‘senior citizens’ drug penalty.’’ by the Senator from California, Mrs. ozone washes out the bright colors of With that, Mr. President, I yield the BOXER; one by the Senator from Ne- the leaves in the fall and the flowers in floor. vada, Mr. BRYAN; one by the Senator the spring. These air quality problems The PRESIDING OFFICER. The Sen- from Connecticut, Mr. LIEBERMAN; one have landed the Great Smoky Moun- ator from Maine is recognized. by the Senator from Oklahoma, Mr. tains National Park on the list of 10 Ms. COLLINS. I believe under the NICKLES; one by the Senator from most endangered national parks com- previous order I will be recognized to Rhode Island, Mr. REED; one by the piled by the National Parks and Con- speak. Senator from Wyoming, Mr. THOMAS. servation Association. The PRESIDING OFFICER. The Sen- Curiously enough, most of these Sen- Another major threat facing many of ator is recognized for 15 minutes. ators who have said they will be here our national parks, including the f from between 5 o’clock and 6 o’clock Smokies, is damage from invasive spe- p.m., which takes a considerable por- cies. Organisms that are not native to CONCERN FOR SENATOR PAUL parks are finding their way in and are COVERDELL tion of the debate time, are away. I think some of those eight amendments killing wildlife. Virtually all of the Ms. COLLINS. Mr. President, I want I have listed will themselves be settled frasier firs on top of Klingman’s Dome to express the sorrow that is in my without debate or by agreement. If any in the Smokies are dead. At first heart, and I know in the hearts of all of of the seven Senators whose names I glance, it would appear that they were my colleagues and, indeed, everybody have just mentioned are within hearing killed by fire, but that is not the case. who works in the Senate, about the sad and sight of this debate, I urge that These trees were killed by the balsam news of the unexpected ill health of our Senator to reach the Senate floor woolly adelgid which is not native to friend and colleague, Senator PAUL promptly. At this point they have a the Smokies and has no natural pred- COVERDELL of Georgia. My heart and real opportunity to present their ator there. my prayers go out to him, his family, amendments. Later on, they are likely These and similar problems afflict his staff, his constituents, and all of to be very constricted as to time. our entire national park system. That the many people who care so much Therefore, I suggest the absence of a is why I’m pleased that the appropria- about our good friend. He will be in our quorum. tions bill before us today recognizes hearts and in our prayers. I know I The PRESIDING OFFICER (Ms. COL- these serious threats by providing $11 speak for all of my colleagues when I LINS). The clerk will call the roll. million for the National Park Service’s wish him a speedy recovery. The assistant legislative clerk pro- Natural Resource Challenge. This The PRESIDING OFFICER. The Sen- ceeded to call the roll. money will help fund air and water ator from Maine is recognized. Mr. THOMPSON. Madam President, I quality studies in our parks. It will (The remarks of Ms. COLLINS and Mr. ask unanimous consent that the order also fund efforts to address the prob- CRAIG pertaining to the introduction of for the quorum call be rescinded. lems caused by non-native invasive S7008 CONGRESSIONAL RECORD — SENATE July 17, 2000 species. I thank the Senators from the generous donations of time. This natural resources for the enjoyment of Washington and West Virginia for their year alone, volunteers will donate al- my grandchildren and their grand- attention to these needs. I especially most 75,000 hours valued at $1.1 million children. thank Senator GORTON for his leader- to run the visitor centers and help I yield the floor. ship as chairman of this very impor- maintain trails and campgrounds in The PRESIDING OFFICER. The Sen- tant subcommittee. the Great Smoky Mountains National ator from Nevada is recognized. I am also growing increasingly con- Park. Because the Smokies was a gift Mr. REID. Madam President, before cerned that our national parks are from the residents of Tennessee and my friend leaves the floor, I want to showing the wear and tear of neglect. North Carolina to the Federal Govern- tell him how very much I appreciate Each year our parks are host to more ment, citizens living near the park his statement. In years past, I offered and more visitors. In 1998, almost 300 have a strong sense of ownership. They amendments when we did not have a million people visited our national want to volunteer to take care of their budget surplus to increase funding for parks. Ten million of those visitors park. our park system. I hope next year we went to the Smokies, making it the Several years ago, Congress also rec- can work together in a bipartisan fash- most visited national park in the coun- ognized the need to increase resources ion to increase significantly the fund- try. That is more visitors than the to our national park system, and we ing for our National Park System. Grand Canyon and Yosemite com- passed legislation to provide the Park I have not had the good fortune to be bined—which rank second and third in Service with new sources of funding for in the park to which the Senator re- terms of park visitation. maintenance projects. This new law al- ferred, the Great Smoky Mountain Na- tional Park, but I have been to a num- We in Tennessee and North Carolina lows national parks to retain most of ber of national parks. For example, the welcome these visitors to our beautiful the entrance and other fees they may living conditions our park rangers have mountains. National parks are here to charge, and use that money for visitor to put up with in our national parks is be used and enjoyed. But our parks are services. Fee revenue can be used to a disgrace. My colleague should see laboring under their popularity. One fund maintenance projects or to pay what park rangers live in at the Grand might say our parks are being loved to seasonal employees, but it cannot be Canyon National Park. They are from death. We must face up to the stresses used to fund basic operations. This World War II. They look like icehouses; to infrastructure that result from in- year, Smokies’ fees will generate $1.9 they are square. It is disgraceful. creased visitation. More visitors cause million over and above the park’s $13.2 We only have one national park in more wear and tear on the trails, million annual appropriated budget. Nevada. It is one of the newer ones, so campgrounds, and roads. Growing visi- Fee revenue, volunteer hours, and do- I really do not have the right to com- tation also requires higher staffing lev- nations are critical to keeping our plain as many do, but we have so many els in the parks since more visitors parks running, but they are just not things that need to be done there. We mean more stranded hikers that need enough. Without an adequate oper- do not have a visitors center. Interpre- to be rescued, more comfort stations ations budget and enough permanent tive trails have not been built. There that need to be cleaned, and more trash full-time staff, the Park Service lacks are parts of our great National Park that needs to be picked up. the capability to handle the generosity System that we have closed as a result Unfortuantely, park budgets have of groups like the Friends of the Smok- of dangerous conditions. The Park not kept pace with increases in visita- ies. Service simply does not have the re- tion. The National Park Service esti- Again, I compliment my colleagues sources to keep up. mates that there is currently a $4.3 from Washington and West Virginia for I commend and applaud my friend million maintenance backlog. Park recognizing the most pressing needs of from Tennessee. He has given a great Service staff are struggling to do more our national park system by providing statement. I look forward to next year. with fewer resources. a substantial increase in the Park Perhaps we can work together to come Fortunately, they have been able to Service’s basic operations budget in up with a funding formula that would rely on a number of organizations for this bill. The bill before us includes be permanent in nature to take care of help such as friends groups, the Na- over $1.4 billion for the National Park the $5 billion backlog in our National tional Park Foundation and other co- Service. That’s an increase of more Park System. operating associations. These organiza- than $80 million over FY 2000. Mr. THOMPSON. Madam President, I tions raise money to fund maintenance But as impressive a job as the man- thank my friend from Nevada for those and educational projects within the agers have done here today, I’m sure comments. This is something upon parks. they would both agree with me when I which I believe we can all agree. Even I am proud that the Friends of the say that Congress still must do better those who view the role of Government Great Smoky Mountains National Park for our national parks. I believe that to be a limited one must agree that is held up as the model friends group the Federal Government has a funda- there are certain basic obligations and for the country. Over the last 7 years, mental responsibility to ensure the functions the Federal Government has. the Friends of the Smokies has raised protection of these natural resources Of course, national defense is one of $6 million—$1.5 million last year alone. for the enjoyment of both the current them; infrastructure is one of them. This money has come from donation and future generations. But we are not Our national parks are a precious re- boxes in the park, license plate sales, meeting that responsibility fully. We source that we must all protect. telethons and direct contributions. must provide our park officials with They are, as the Senator indicates, And, it is used for a variety of projects. adequate resources to maintain the being attacked from so many different For example, the Friends just produced trails and campgrounds. We must give directions right now. We are taking a new orientation film to welcome them better tools to combat threats them for granted and slowly, but sure- park visitors. The Friends funded the like air pollution. ly, they are falling into disrepair, and restoration of the historic Mount As Congress debates what to do with they are being damaged environ- Cammerer Fire Tower. And, the the projected budget surplus, I think mentally. We in the Smokies have a Friends help organize and manage vol- we should start by determining wheth- particular problem with the weather unteer projects in the park. When a er government is meeting its funda- patterns, for example. Not only do we team of volunteers goes out to work on mental responsibilities now. If we see have some old coal-fired plants in the a trail, it’s the Friends of the Smokies that we are neglecting certain respon- area, but we have a weather pattern that buys the materials needed to do sibilities, then we need to make ful- that brings the pollution in from other the job. The hard work and generosity filling those obligations a priority. parts of the country that just seems to on the part of the Friends of the Smok- I believe that increasing our invest- hover over that particular area. We ies is critical to assisting the Park ment in our national parks is a pri- have days where there is more pollu- Service officials maintain our valuable ority. I intend to work closely with my tion on top of the Smoky Mountains natural resource. colleagues in the years to come to en- than there is in downtown New York Just as important as the financial sure that Congress provides the fund- City. It is an increasing problem. Hope- contributions to our national parks are ing necessary to protect our precious fully, as my colleague suggests, we can July 17, 2000 CONGRESSIONAL RECORD — SENATE S7009 join together and do even more next a higher tax bracket when they reach The Democrats will be offering a plan year. that $70,000 joint income level, their that recognizes another inequity in the The PRESIDING OFFICER. The tax is not $8,407; their tax is $9,532. So Republican plan. I have already talked Democratic leader. the marriage penalty is $1,125 under about two: First, the importance of Mr. DASCHLE. Madam President, current tax law. recognizing that out of the 65 provi- first, I thank our distinguished assist- Here is what the Republicans do. The sions, the Republican plan only deals ant Democratic leader for his gracious- Republicans will provide, under their with 3; and then secondly, how we now ness once again in providing me the op- bill, 39-percent relief. That is all you have created—I assume inadvertently— portunity to say a couple of words this get. Here they are, spending $248 bil- this singles penalty. evening. lion, and they can’t even do it right. Look at the third problem with the f They can’t even fix all 65 provisions. Republican plan that has caused us to They fix three. So you leave the bal- want to come to the floor to offer the MARRIAGE TAX PENALTY RELIEF ance, under the Republican bill, for an- alternative we will tonight. If you are Mr. DASCHLE. Madam President, other day, apparently. making $20,000, the amount of tax re- the Senate will be voting on two com- We don’t believe that ought to be the lief you get under the Republican plan peting marriage penalty relief pro- way to fix the marriage penalty. We is $567. That is all you get. But if you posals. The choice really could not be think you ought to fix the marriage are making $20,000, under the Demo- more clear. I want to talk a little bit penalty, if you are saying you are cratic plan, your tax reduction, the about that choice this afternoon. The going to fix it. We provide 100-percent amount of relief, is $2,164. If you are Republican bill has very little to do relief, $1,125 in relief for that couple making $30,000 a year, according to the with the marriage penalty. making $70,000 a year. That is what we Joint Committee on Taxation, which In fact, I was just commenting that if do. That is why we believe it is impor- has analyzed this, under the Repub- the Republicans were trying to treat tant for people to know there is a clear lican plan you get $800. Under the an illness, they would be sued for mal- choice tonight when we vote on those Democratic plan, you get $4,191. Why? practice—given the bill they are pro- plans: You can vote for the $248 billion Because we fix the marriage penalty. posing this afternoon—malpractice be- Republican plan that fixes 3 or you can We provide entire relief, all 65 provi- cause they are not curing the disease. vote for the Democratic plan that pro- sions. In fact, in some ways they are causing vides for 100-percent relief and fixes all Look at what happens if you are the disease, this marriage penalty dis- 65. making $50,000. I don’t know what the ease, to be even more problematic, I think it is very important for us to Republicans have as a problem with more difficult. They are actually cre- understand that not only is there a those who are making $50,000, but they ating another disease—a singles pen- choice in trying to address the mar- are sure penalizing them here. You alty. We need to be aware of the reper- riage penalty, but there is also another only get $240 under the Republican plan cussions of what the Republicans are problem. in relief. Why you would want to penal- attempting to do with their legislation We know how doctors try to fix one ize somebody making $50,000, I don’t this afternoon. The singles penalty is disease and sometimes create another know. Under the Democratic plan, you something I will talk a little bit more side effect they had not anticipated be- get $1,913 in relief. about. cause they prescribed the wrong medi- Let us skip all the way over to the To begin, I don’t think there is any cine. We have a true illustration of pre- other end of the spectrum. This probably tells it best. doubt that if you asked all 100 Sen- scription drugs as we know it in this If you are providing real relief, you ators: should we fix the marriage pen- country today, with a $248 billion fix are going to go to those people who alty, the answer would be emphatically when you could do it for a fraction of yes. The question is, How do we fix it, need the relief the most, those people the cost. Not only that, their prescrip- in the $30,000 to $50,000 category. Under and are we really intent on fixing it? tion doesn’t cure the disease. Not only the Republican plan, if you are making Our Republican colleagues only deal does it not cure the disease, it actually with three of the marriage penalty pro- more than $200,000, that is when you creates a new one. start kicking in to real money. You get visions incorporated in the law today. I guarantee my colleagues, within $1,335 in relief there. But if you make If you were going to completely elimi- the next few years, you will have some- $50,000 in income, you get $240. That is nate the entire marriage penalty, you body come to the floor and say: Now we the third reason we are so concerned would have to deal not with 3 but with have to fix the singles penalty. It is about this Republican plan. 65 of the provisions incorporated in the broken. We may need another $248 bil- Under the Republican plan, you get tax law that have caused the imbalance lion tax plan to fix the singles penalty. $1,335 in relief if you are making tons or the inequity to exist today. The Re- This is what happens under the Re- of money. If you are making $50,000, as publicans have only dealt with three. publican plan. You have a joint income are most people in the country—cou- Yet the cost to the Treasury of their for that couple of $70,000. Current law ples—you are going to get $240. plan—the one we will vote on today—is requires their tax liability of $10,274. We are concerned for those three $248 billion overall. The Republican plan would provide problems. That is why we are offering I don’t know what it would cost if $8,743, leaving the $443 relief I men- our alternative tonight. The Demo- you were going to try to fix all 65 under tioned a moment ago. cratic marriage penalty relief plan al- the Republican plan. Republican Let’s take a widow, a widow who is lows married couples to file separately amendments were filed addressing six making that $70,000 income—not a cou- or jointly—another very important as- additional provisions, totaling $81 bil- ple but a widow. She has a tax liability pect: Give them the flexibility. Let lion, in the Finance Committee. The under current law of $14,172. Yet her them decide what is most helpful to remaining 56 provisions, untouched in penalty, a singles penalty, would go them. the Republican bill, not addressed at from $3,898 under current law to $5,429 That is how we avoid the so-called all, have yet to be calculated in terms under the Republican plan. singles penalty, not the Republican of what the cost might be with regard What happens with this tax plan for a plan. It eliminates all marriage tax to the approach our Republican col- single person under certain cir- penalties for taxpayers earning $100,000 leagues use. cumstances—take a widow, a widow or less, 100 percent. It reduces all mar- The second chart spells out what who is already probably faced with all riage tax penalties for those taxpayers that means. If you only deal with 3 of kinds of serious financial pressures. earning up to $150,000 and does not ex- the 65 provisions, this is what happens. Her tax burden goes up by $1,531, a new pand the so-called marriage bonus or Take a married couple with a joint in- singles penalty created—I assume inad- the singles penalty that we are actu- come of $70,000. Under current law, if vertently—because our Republican col- ally creating inadvertently today. the couple were single and they each leagues are rushing to try to fix a mar- I want to show one last chart that paid their share of the tax, their tax riage penalty, and they can’t do it probably makes the case as well as I total would be $8,407, depicted on the right. That is why this vote this after- can. The marriage penalty bill pro- chart. Yet because they are kicked into noon is so important. posed by the Republican plan deals S7010 CONGRESSIONAL RECORD — SENATE July 17, 2000 with three. The Democratic alternative I yield the floor. TEENAGE TENNIS PHENOMENON WALKS IN deals with the standard deduction and The PRESIDING OFFICER. The Sen- CHRIS EVERT’S FOOTSTEPS the problem we have with the marriage ator from Washington is recognized. [From Metro Magazine, May 2000] penalty and the standard deduction; Mr. GORTON. Madam President, I BOCA RATON, FLA.—Alli Baker is fuming. earned income tax credits; child tax suggest the absence of a quorum. Frustrated during a drill at the Evert Tennis credits; Social Security benefits; rate The PRESIDING OFFICER. The Academy, the 14-year-old tennis phenomenon brackets; IRA deductions, student loan clerk will call the roll. from Raleigh huffs and puffs as if she’s about interest deductions, and the 56 other to blow somebody’s house down. Then a few The bill clerk proceeded to call the easy ground strokes go into the net. That’s marriage penalty provisions that exac- roll. it. Baker’s Volkl racket goes flying into a erbate the marriage penalty today. We Mr. HELMS. Madam President, I ask patch of grass. Conversations hush. Eyes do them all. The Republican’s do three. unanimous consent that the order for glance sideways at the lithe, freckled South- There is one other nonsubstantive the quorum call be rescinded. ern girl whom everybody knows as the num- but procedural concern I have, which I The PRESIDING OFFICER. Without ber one ranked 14-year-old in the country, am compelled to bring up. The regular objection, it is so ordered. and the highest-ranked female player yet to order in the Senate right now is the The PRESIDING OFFICER. The Sen- come out of North Carolina. The court mood marriage penalty. We ought to be tak- ator from North Carolina is recognized. tenses the way it used to when John ing this bill up under the regular order, McEnroe yelled at refs, or when the young Mr. HELMS. I thank the Chair. German Boris Becker pumped his fists in de- but we are not doing that. I think ev- f eryone here in the Chamber knows fiance. This is just practice. Still, being Alli A SMASHING SUCCESS Baker’s rival right now seems like a very, why. We are not doing that because the very bad idea. Republicans don’t want to vote on tax Mr. HELMS. Madam President, a ‘‘It’s true, I get very competitive,’’ says amendments. That is why we are not noted sports figure in American sports Baker, who is also the seventh-ranked 16- doing it. They are using the brick wall history once commented that ‘‘Brag- and-under player in the country, an hour be- they built around their marriage pen- ging ain’t bragging if you can prove fore the brief blow-up on the court. ‘‘I love to alty, this impenetrable wall. So this is win. It’s my greatest strength.’’ it.’’ Tennis my not be a gritty contact sport, an up-or-down vote, a take-it-or-leave- On that basis, I want to brag a little it vote. You either like it or don’t; you but it is, above all, a game of mind over bit about North Carolina which has had body. Anger and other unchecked emotions either take it or leave it. That is the its share of top sports figures—perhaps are widely known top scatter the concentra- way it is going to be. We are not going more than our share when you consider tions of even the most experienced players in to give the Democrats an amendable such outstanding sports figures, past clutch situations. But the coaches here al- vehicle. We are going to give them a and present, as Arnold Palmer, Catfish ready know that North Carolina’s newest vehicle they can’t amend, a vehicle Hunter, Charlie ‘‘Choo-Choo’’ Justice, sports star hones her on-court emotions, that will allow the one alternative; and Michael Jordan, Richard Petty, David polishes them like treasure, and beams them we are not going to debate tax policy, into that fuzzy yellow ball, straight back at Thompson, Sonny Jurgensen, Dean her opponents on the other side of the net at even though this goes to the heart of Smith, Everett Case, Joe Gibbs, Enos tax policy. center court. Indeed, she’s beaten some of Slaughter, and Wallace Wade, who by So for the second time in less than a the world’s best tennis players in her age the way took two teams from Duke group by funneling her competitive angst week we are going to be voting on a University to the Rose Bowl. But he into devastating trickery. bill that I think deserves to be de- ‘‘She’s a very mature player,’’ says her feated. We should have defeated the es- didn’t have to go very far for the second one because it was held in Durham, coach, John Evert, the brother of Wimbledon tate tax bill. I will offer to Senator champ Chris Evert, and a 17-year coach in NC, right after Pearl Harbor. It was LOTT that I am willing to sit down his own right. ‘‘Her strength is that she fig- today and negotiate with him and the feared that the Japanese might try to ures out how to play exactly to her oppo- Finance Committee Democrats and Re- bomb the stadium out in California, so nents’ weaknesses, and she doesn’t let her- publicans to come up with a bill the they moved the whole thing across the self get into the dumps.’’ Last year, Baker won five tournament tie President will sign. That isn’t going to country to North Carolina—the only time the Rose Bowl was not played in breakers in a row, an almost unheard of feat happen with the bill they passed last that epitomizes her unwillingness to lose. week. This bill is going to get vetoed, Pasadena. But I don’t recall any previous teen- ‘‘I’ve yet to see her play in a tournament,’’ too. This bill will be vetoed, and it will one of the other Evert Academy coaches con- be vetoed for good reason. It doesn’t fix ager—from anywhere—who has been fides. ‘‘But they say she is very, very hun- the marriage penalty. It costs $248 bil- described as a ‘‘tennis phenomenon gry.’’ lion. It helps those at the high end and who walks in Chris Evert’s footsteps’’. Don’t get the wrong idea, though. Off the leaves everyone else in the lurch. It But that’s the accolade handed 14-year- court, Alli Baker is about as sweet as straw- creates a singles penalty. That isn’t old Alli Baker of Raleigh my home- berry pie, as humble as corn pone. Freckled, tan and every bit the exuberant teenager, the way to legislate. That is why we town—in the May edition of Metromagazine in a sparkling and de- she talks about fashion, missing home, see- normally have amendments—to try to ing the world (Paris is her favorite city), fix problems that were caused on pur- tailed piece by Patrik Jonsson, writing bonding with tennis stars Monica Seles and pose or inadvertently. from Boca Raton, Florida. Martina Hingis, how she loves her mentor, I am hopeful the majority will take As I read the tribute to Alli Baker, I Chris Evert, and the life-affirming step she’s great care before they pass the bill was reminded that this young lady is a getting ready to take into professional ten- that they are going to be pressing this great granddaughter of the late Lenox nis. She’s making ‘‘a million new friends’’ evening. I hope they will work with us Dial Baker, one of America’s leading while coaxing her Raleigh confidantes to to come up with an alternative that orthopedic surgeons. Dr. Baker almost hurry down to where it’s nice and warm and single-handedly founded a children’s where the beaches stretch on and on. the President will sign. We can do So far, it’s been a whirlwind tour from the things the right way and we can enact hospital, later named for him, at Duke halls of Raleigh’s Daniels Middle School to them into law and provide meaningful University Medical Center in Durham, the star-studded tennis courts of SoFla. accomplishment and meaningful relief where hundreds of crippled children’s HANGING IN WEST BOCA and meaningful help to victims of the lives have brightened and their lives It’s here—to the Evert Tennis Academy, marriage penalty. Or we can simply improved because of Dr. Baker’s self- near some of the world’s largest country make more statements about how some less and loving interest in them. clubs, where the average annual income is in this Senate prefer simply to help I am going to let the article about $65,000 and where the warm prevailing winds those at the very top of the income Alli Baker speak for itself. Therefore, I collect tall afternoon thunder clouds over scale, once again, whether they need it ask unanimous consent that the trib- the coast—that Alli decided to come this or not. That is our choice. I hope Sen- ute to the amazing 14-year-old Alli spring after it became clear that to follow ators will take great care in making Baker by Patrik Jonsson be printed in her dream, she had to follow it right out of North Carolina. their choice, and I look forward to the the RECORD. Although the family will stay in Raleigh, debate and vote later this evening. There being no objection, the mate- where dad Bill Baker is a vice president for Again, I thank the Senator from Ne- rial was ordered to be printed in the a major construction firm, the family just vada for yielding the floor. RECORD, as follows: bought a house across Glades Avenue in west July 17, 2000 CONGRESSIONAL RECORD — SENATE S7011 Boca as a permanent base here. Baker and Impressed with Baker’s natural talent, in- has trouble getting fired up for practice, she her family made the decision after acknowl- tense competitiveness and impressive num- loves the weight room and working out. As edging the lack of a steady stream of crack ber of wins against tough players, the United part of her routine at Evert Tennis Acad- practice partners and full-time coaches in States Tennis Association and John Evert, emy, she endures a strenuous regimen along Raleigh. While Bill works and helps shuttle now Baker’s development coach, ‘‘recruited’’ with nearly four hours of court time a day their second daughter, 11-year-old Lenox, to her into the program. against some of the best young players in her soccer games, mom Leigh Baker has ‘‘She has shown great skill and promise, the world. found a permanent seat on the red-eye to but this is the time for her to get on the Despite her early success, it’s still not ad- Boca. court and work hard, because this is where vantage Baker. Most of her competitors were Of course, there were some questions it’s going to get tougher now,’’ says Ricardo already enrolled in tennis academies when among family friends: How could the Bakers Acuna, USTA’s Southeast region coach, who then 8-year-old Alli Baker started playing send a 13-year-old (her birthday is in April) oversees Baker’s overall training program. with her mom at Carolina Country Club, off to fend for herself in such a competitive, For coaches like Evert and Acuna, right drawn more to the sport for the ‘‘cute out- cutthroat world? Bill Baker has an easy an- now is when the ball meets the clay for the fits’’ than the competition. Other tennis kids swer: ‘‘She called yesterday from a hotel great-granddaughter of the late Sports Hall get started way before that, as evidenced by room overlooking Key Biscayne. She said, of Famer Lenox Baker, the famed Duke or- a muffin-sized front-court player, perhaps 5 ‘Dad, I’m here looking our over the bay and thopedic surgeon and sports medicine pio- years old, who spent two hours cranking the blue water. It’s so beautiful here.’ I neer, and the granddaughter of single-handi- backhands at her dad-slash-coach on a recent think she’s going to be all right.’’ cappers Robert F. Baker and Robert M. day at the academy. The girl rode her pink If Baker has what it takes to be an inter- Hines of Raleigh, the five-time Carolina Barbie bike with training wheels off the national tennis star, Evert Academy is Country Club Senior Championship winner. court after the practice. In Baker’s case, where the transformation from sharp- Wedged between childhood and the muscular however, her natural talents shone through shooting local kid to Grand Slam winning 16- and 17-year-olds playing above her, this is right away, and she quickly made up for lost hardball player will likely take place. It’s a when this next generation Baker has to con- time. She started beating her mom as a 9- place where the phrase, ‘‘Yeah, Agassi de- centrate more on fundamentals than win- year-old—showing right off the bat a natural cided not to come down today,’’ seems rote. ning—a difficult task for someone who has inclination toward not just good tennis, but Don’t be surprised to see top-ranked players gotten used to eating victories for lunch. She winning tennis. such as France’s Sebastian Grosjean and says she still lags behind some of her key ‘‘It was a little bit later when I started to Vince Spadea sweating through a four-hour competitors as far as skills go. ‘‘Ground really like the feeling of winning,’’ she says. practice. Tiny, but fiery Amanda Coetzer strokes are about the only part of my game ‘‘Before that, it was just about the outfits shows up here from time to time to prac- I’m really good at,’’ she admits. and having fun with my friends.’’ tice—and to show the reverent young ones ‘‘She’s had a pretty easy time with prac- That love for the game and the big win is how it’s done. now starting to pay off. On these finely groomed courts nestled tices up to this point, where she’s been able amidst swaying coconut palms is also where to turn it up and win matches,’’ says Evert. * * * * * Chris Evert practices with students three ‘‘But now I’m trying to figure out how she Interest in Baker began to percolate two times a week, and where there’s a lyrical can match that intensity during practice. At years ago, when USTA began sniffing around constant of English, French, Spanish and this point, I’m even ready to cut back on her Raleigh, following rumors of a phenom-in- even Czech spoken over the grunts of deter- practice time to foster that intensity. For the-making. After attending a few national mined players returning smashes. Bordered Alli right now, quality is more important camps and doing well in a number of regional by dozens of clay and hard courts, flanked by than quantity.’’ tournaments, Baker bloomed for real last a beige dormitory hall, this tucked-away fa- THE CHRISSIE FACTOR year. cility is what the doorstep to the big time Although other tennis academies offer Locally, North Hills Tennis Club coach now looks like for Alli Baker. similarly competitive programs, here Baker Nancy Arndt, Raleigh Racquet Club’s Mike ‘‘Her dream is to be the top-ranked tennis is becoming a member of the Famed Evert Leonard and Rali Bakita, and a handful of player in the world,’’ says Bill Baker at his family tennis tradition, which began with other top-notch coaches worked on Baker’s Raleigh office overlooking Falls of the Neuse legendary tennis coach Jim Evert’s long- fundamentals, knowing they had a potential Road. ‘‘We knew that wouldn’t happen if she time directorship of Fort Lauderdale’s public star on their hands. But it was at the Ace stayed here. She’s doing all this herself. All Holiday Park tennis program from which Tennis Academy in Atlanta, where Leigh that we’re doing is making the sacrifices to Chris Evert emanated. Indeed, it may have Baker would shuttle her daughter on week- provide her with the opportunities to pursue been the ‘‘Chrissie presence’’ that finally ends, that Baker culled those extra pointers this dream. Sometimes it’s hard as a parent convinced the Bakers to make the move. that propelled last year’s successes. to not get emotionally involved. But in the Having a role model like Chris Evert, who Before last summer, Baker had already end, the fire to do it has to come from within won 18 grand slams and 159 tournaments be- won both singles and doubles at the coveted her.’’ fore retiring in 1989, rifling balls at you from Easter Bowl, a triumph that sent her like a STYLE POINTS the other side of the net is unbelievable, projectile to the top ranking in the USTA under-14 category. Against older girls up to Naturally athletic, Baker picked tennis Baker says. ‘‘I just love her. She comes out age 16, Baker is still ranked number seven. over other sports for reasons perhaps girls here to practice, and she still plays really Impressed with the wily Raleigh youngster, can best understand. First, it’s not so—she hard. My mom says she would love to have CBS included Baker in a segment called searches for the word—‘‘tomboy-ish.’’ The her body.’’ ‘‘Top Spin’’ last summer, along with Pete outfits, in other words, look great. Plus, But Baker and Evert are not two peas in a Sampras and Serena Williams. there’s no physical contact, only the pod as far as playing style. Evert was known The Easter Bowl victory led to Baker’s physicality of pressurized felt ball against for staring her opponents down from the USTA National Champion ribbon. She fin- tight catgut, the action crashing back and baseline, playing a cool-headed volley game. ished third in the World Cup held in the forth across the net in an elaborate joust. It Fans recall her ‘‘icy stare’’ that unnerved Czech Republic last year. She was also a run- is a game you can win by using your mind to some opponents enough to immobilize them. ner-up in the Banana Bowl in Brazil, and a imbue the body with the power of wit, inten- On the other hand, Baker loves to explode to semi-finalist in the Acunsion Bowl in Para- sity and strategy. the net with a tenacity that dad Bill Baker ‘‘I think it’s the best game out there for says has also yielded success in her doubles guay, and the Windmill Cup in the Nether- girls,’’ she says. ‘‘You can play hard and be game. lands. This year she is again on the U.S. Na- super-competitive—and you can look good Indeed, as Baker has served, sliced and tional Team and this spring worked her way doing it.’’ backhanded her way to the top of the into the doubles finals tourneys in London Indeed, Baker already has the fresh, jaunty rankings, from playing in tourneys from Rio and France. Right now is when competitive look that has potential sponsors swooning. de Janeiro to Paris, comparisons run more to circuits around the world are really starting With the exception of Adidas (clothes) and former teenage phenomenon Monica Seles to heat up. Volkl (racket), Baker has so far turned down than to Evert or today’s young superstars On top of the thrill of competition another major sponsorships. In April, she unofficially like Serena and Venus Williams. ‘‘She has to boon to her meteoric rise into international entered the pro circuit at a minor qualifying play smarter because she’s not as big as tennis is the gang of cool friends. Baker is event. This spring, she will play pro tourneys some of the other players.’’ says her dad. building around her. Currently, she e-mails a in Little Rock and Hilton Head. But she’s Still, Baker’s skinny frame is mentioned dozen friends in Russia and France, as well still an amateur, meaning she can’t take any as a potential liability, especially when as her clan of pals and fans in Raleigh. winnings home yet. Still, it’s at those tour- matched against the new breed of power CHALLENGER FROM QUEENS naments, as well as at her new home base players such as the Williams sisters, who But Ally’s best friend on the ground in here in Boca, where she’s getting the first tower above their competitors. Boca right now is a gritty, 15-year-old power real taste of her new life and where she is, as But don’t dismiss a growth spurt yet, says, player from the blue-collar sky-line of Bill Baker says, ‘‘meeting a lot of people who Acuno, the USTA coach. ‘‘I’ve seen her in- Queens, Shadisha Robinson. The two squared have been where she wants to go—including crease in size by a lot just this year,’’ he off against each other last year where Baker some who made it and some who didn’t.’’ adds confidently, While Baker sometimes came back from a deep deficit, unwound S7012 CONGRESSIONAL RECORD — SENATE July 17, 2000 Robinson in a 7–6 second set and thrashed rammed through by a right-wing Re- not be the resources to try to do that. her 6–1 in the third. They’ve been best publican majority in Congress bent on We are saying we want $1.5 trillion for friends ever since. Evert uses the friendship rewarding the wealthy and ignoring the wealthiest individuals. Health in- to boost both players’ performance on the the country’s true priorities that have surance for hard-working Americans is court: While Baker leans how to defend against pure power, Robinson gets a lesson a far greater claim on these enormous put aside. in wiliness from the freckle-cheeked South- resources. What about raising the minimum erner. What about prescription drug cov- wage for millions of low-income Ameri- ‘‘John doesn’t really play us together com- erage for millions of senior citizens cans, the 13 million Americans, the ma- petitively,’’ Baker says. ‘‘He knows we are under Medicare? I have just returned jority of whom are women who have good for each other as training partners, but from Massachusetts where I met with children? It is a women’s issue, it is a he doesn’t want us to get too much of a ri- the elderly people. They are asking, children’s issue, and it is a civil rights valry going.’’ Will the Senate of the United States, issue because so many of these men A straight-A student through primary and will Congress, take action to provide middle school, Baker is also managing to and women are men and women of keep up with her academic work through it some relief to the elderly people in my color. It is a fairness issue. People who all. While vacationing at the beach last year. State and across the country? Really, work 40 hours a week, 52 weeks a year, Retired Daniels Middle School teacher Lynn the unfinished business of Medicare is should not have to live in poverty. No, Reynolds heard about Baker’s decision to go the prescription drug program. We did we cannot debate that up here in the to Florida. She immediately called up the not debate that last Thursday and last Senate. We can get tax breaks for the family and volunteered to come out of re- Friday. We are not debating that issue wealthiest individuals in this country, tirement and ‘‘sign up for the team’’ as a today. We have basically said, let’s find but we will not debate an increase in home schoolteacher. Reynolds and her young out how we can give the one and a half charge have since become close friends, con- the minimum wage. We will not do it. stantly in touch via e-mail and fax—the trillion dollars away over the next 20 I hope we are not going to hear long methods they also use to exchange home- years, instead of dealing with the Medi- lectures from the other side about how work assignments and tests. Daily, the care issue on prescription drugs. we ought to be funding, now, the spe- teacher and student log onto the College What about greater Federal aid to cial needs programs. We had great Boards web site to work out a daily test education to help schools and colleges statements from the other side: We question posted there—just to make sure across the country and the students have failed in meeting our responsi- Baker is ready for the SAT’s when that time who attend them? We put into the bility to special needs children, to help comes. RECORD last Friday the most recent local communities in the area of edu- ‘‘This high-tech teacher and student rela- studies of the Congressional Research tionship has really been fun for both of us,’’ cation. We have heard that time in and Reynolds say. ‘‘She’s a quick study and a Service that showed that by moving to time out, while we have been trying to very smart girl. We’ve become great friends. smaller class sizes, there was an en- do some of these other actions for chil- This is one of the best teaching assignments hancement of academic achievement dren in this country. We had an oppor- of my whole career.’’ and accomplishment by students in tunity to pay for all those special In two short years, Baker has traveled California. That supports the STARS needs children, but I did not hear from from Prague to Paris, from Palm Springs to Program of Tennessee. Senator MUR- the other side that this is a priority. Rio. She says she’s enamored with this life- RAY of the State of Washington has style that a simple game has already given We did not hear it when they had the her. She misses her friends, but they’ll come been our leader championing for small- $780 billion tax cut 2 years ago, and we visit, they promise. Everyone says they will. er class sizes, because we believe that could have taken a fifth of that tax cut If the ‘‘tennis thing’’ doesn’t work out, that can be enormously important in and funded special needs education for Baker says, ‘‘with all the agents I’ve already enhancing academic achievement. If we every child in this country for 10 years. met, I’ve got a chance with my singing’’— do that, plus ensure that teachers get No, no, that is not enough of a priority. country, that is, her backburner passion. Al- training and professional advancement We are not going to do it. Our tax cut ready the world has opened its doors to a tal- in their classrooms, working to en- is too important. We are going to give ented Raleigh kid with enough sense to know hance their professionalism, we will that dreams are out there for the getting. ‘‘I $1.5 trillion away without spending a mean, if this were to give me a leg up to go see a very important, significant gain single nickel on special needs children. to a school like Stanford or Duke, then it’s in academic achievement and accom- The list goes on about protecting So- already worth it,’’ she says. ‘‘Plus, just look plishment. cial Security and Medicare. Right now, at this place,’’ she adds, holding out her We also know the value of after- I am sure there are scores of Members hands as if to weigh the fresh, precious Flor- school programs, tutorials, and ac- of the Congress and the Senate going ida air. ‘‘This is prefect.’’ countability, as Senator BINGAMAN has on about how we ought to protect Mr. HELMS. I thank the Chair. I talked about; the newer digital divide Medicare and Social Security. It is yield the floor. that Senator MIKULSKI has talked very clear what the priority has been Mr. GORTON. Madam President, I about; construction, the need to make in the Senate: $1.5 trillion, not to pro- suggest the absence of a quorum. sure our schools will be safe and secure tect Medicare, not to protect Social The PRESIDING OFFICER. The and not crumbling, as so many of them Security, but to provide it to the clerk will call the roll. are. But, no, we have set that aside. We wealthiest individuals in this country. The bill clerk proceeded to call the are not going to have the resources to That is what has happened over the roll. do that. Make no mistake about it, I period of these last 4 days, including a Mr. KENNEDY. Madam President, I say to American families, we have Sunday when we were not even here. ask unanimous consent that the order made enhancing academic achievement All of these priorities and many more for the quorum call be rescinded. for our teachers, smaller class sizes, are being blatantly ignored by this Re- The PRESIDING OFFICER. Without afterschool programs, a lesser priority publican Congress in their unseemly objection, it is so ordered. than providing $1.5 trillion from the stampede to enact these tax breaks for f Federal Treasury to the wealthiest in- the wealthy. Never, in the entire his- dividuals. tory of our country, has so much been TAX BREAKS What about health insurance for the given away so quickly to so few with so Mr. KENNEDY. Madam President, millions of hard-working Americans little semblance of fairness or even between last Friday and today, in the who have no coverage today? We made thoughtful consideration. span of just 4 days, Republican Sen- a downpayment in terms of the chil- I make that statement. I wait to be ators will pass tax breaks, overwhelm- dren in the CHIP program in a bipar- challenged on that. Never, never in the ingly targeted for the wealthy, that tisan way. We reach out to try to get history of this body has so much been will cost the Treasury one and a half coverage for their hard-working par- given away to so few, in such a short trillion dollars over the next 20 years. ents, an increasing number of Ameri- period of time, with such little sem- You would think that careful attention cans, who do not have health insur- blance of fairness and even thoughtful would be paid to the merits of these as- ance. But we have not put that on the consideration. tronomical tax giveaways before they agenda. We are not debating that here I hope we are not going to hear from are passed. Instead, they are being on the floor of the Senate. There will the other side: We need to study these July 17, 2000 CONGRESSIONAL RECORD — SENATE S7013 issues more carefully in our com- somehow that it is not relevant. It is could get the larger breaks for the mittee; this hasn’t been carefully con- relevant to what parents care about, largest estates and the wealthiest indi- sidered by the committee—when they which is their children in school. I viduals in the country. come out with that $1.5 trillion tax daresay it is a lot more relevant than They know this President is going to cut, that never even saw the light of the fact that we will be giving $1.5 tril- veto this measure, and instead of truly day in committee, on the estate tax. lion, $250 billion of which will go to the doing something that would benefit Think of having a committee report, 400 wealthiest families. It is a lot more those small family farms and small think of having a committee discus- relevant to their lives than that other businesses, they say: Oh, we would sion, think of having some debate factor, the giveaway. rather have it vetoed. We will serve about what the implications of this Yet, Republicans are rushing through those small family farms up rather might be in terms of a wide range of a trillion dollars in tax cuts without than deal with them. They know this is different issues? Absolutely not. We serious consideration of what it means true in the marriage tax penalty as just took it, faced it, and passed it. for the nation’s unmet education well. So it goes on. Plums for the rich and needs. Today, the booming economy is Listen to this: They apply the phony crumbs for everyone else will be the ep- helping many Americans, but those label ‘‘marriage tax penalty’’ to the itaph of this Republican Congress. It’s who work day after day at the min- current bill even though 58 percent of a dream Congress for the superwealthy imum wage are falling farther and far- the tax cuts go to couples who pay no and their special interest friends, and a ther behind. A recent study by the pro- marriage penalty at all. Do my col- nightmare Congress for hard-working business Conference Board finds that leagues hear that? Fifty-eight percent families across America. the number of working poor is actually of the benefits of this measure, accord- The Republican’s trillion-dollar tax rising, in spite of the record prosperity. ing to the Joint Tax Committee, a breaks will eminently deserve the veto The number of working poor families measure which we will start voting at that President Clinton is about to give who seek emergency help in soup 6:30 this evening, will go to couples them. The Republicans fail to honestly kitchens and food pantries across the who pay no marriage tax penalty at weigh the nation’s priorities, and I be- nation is far ahead of the ability of all. The Democrats have a simple alter- lieve that this is an irresponsible and agencies to meet their needs. reckless way to legislate. Some may Read the reports from last week native to address the marriage penalty: view it as good political theater, red about what is happening to children in Let them file as a single person if it meat for the Republican right wing on our society. The total number of poor will mean it lowers their taxes. What the eve of the Republican convention. children has gone down by about a per- in the world could be simpler than But it is a disservice to all Americans centage point, a point and a half, that? If one is paying more because of their marriage situation as a result of because it prevents action on the many maybe, in the last 2 years. But the ones commingling of the funds, Democrats true priorities facing this Nation. who are living in poverty are living in say: OK, file as single individuals. That I suspect that Americans who see and deeper poverty than they have ever ex- will solve it. There is no red tape and understand what is happening here this perienced. week in Washington will ask a single We are finding an increased number no administrative bureaucracy. It is question: What if George W. Bush were of children who are not being immu- simple. It meets a particular challenge. The Republicans: Oh, no. We want in the White House? He would sign nized against basic diseases, and here our program which will provide this ex- these irresponsible tax break monstros- we are cutting $1.5 trillion, when we traordinary windfall to the wealthiest ities, and the nation would suffer for are not immunizing our children and individuals. years to come. cannot find ways to make those pro- Our Democratic alternative would I suspect that millions of Americans grams workable and effective. We are cost $11 billion a year less than the Re- who see what is happening here would not debating that and trying to find publican bill—but it would provide say: No thanks, we don’t need a Con- ways to improve it. greater marriage tax penalty relief to gress that would pass such irrespon- The cost of rental housing is sky- families with incomes below $150,000 a sible legislation—and we certainly rocketing in most cities because of the year. But, our sensible Democratic ap- don’t need a President who would sign economic boom, but the wages of mil- proach does not overwhelmingly ben- it. lions of families who need that housing efit the wealthy so the Republicans re- Last Friday’s estate tax bill gave $250 has failed to keep pace. ject it. Republicans intentionally de- billion to America’s 400 wealthiest My colleague and friend from Massa- signed their bill to give 78 percent of families, yet this same $250 billion chusetts, JOHN KERRY, made this case the total tax savings to the wealthiest would buy 10 years of prescription drug so well last week to, effectively, a deaf 20 percent of taxpayers. coverage for 11 million senior citizens audience in the Senate. Cutting tax Ending the marriage tax penalty is a who don’t have access to coverage now. revenues by a trillion and half dollars thinly veiled pretext to their latest in- Our senior citizens face a crisis today. jeopardizes our ability to respond to stallment of massive tax breaks for the The extraordinary promise of fuller these needs. wealthy. We saw the same tactics dur- and healthier lives offered by new dis- The American people cry out for ac- ing the debate on the estate tax. We coveries in medicine is often beyond tion on many other basic priorities, heard story after story of how the es- their reach. They need help to afford but the tax breaks being passed by the tate tax will hurt owners of small busi- the life-saving, life-changing miracle Republican Congress would make fair nesses and family farms. drugs that are increasingly available. action on all those priorities virtually I found Senator CONRAD’s presen- Cutting a trillion dollars from the fed- impossible. Republicans are well aware tation of our Democratic alternative eral budget clearly jeopardizes our that their tax-cutting extravaganza compelling and effective, virtually un- ability to add a prescription drug ben- would not survive if it were honestly challenged on the floor of the Senate. efit to Medicare. weighed against the nation’s real prior- Oh, yes, there was a challenge saying: Today, in schools across the country, ities. That is why Republicans resort Look, why are we supporting that be- students face over-crowded classrooms, to gross distortion of the facts. cause all of the various groups evi- teachers go without adequate training, They apply the phony label ‘‘death dently support the Republican posi- school buildings are crumbling, and vi- tax’’ of trying to deal with family tion? olence is a constant threat. One would farms and small businesses. Repub- I thought that was very interesting think that at some opportunity over licans told story after story about how coming after our debate on HMO re- these past few days we would have de- the estate tax hurts owners of small form where we had 330 organizations bated what most families are con- businesses and family farms. Our support our HMO reform, and this par- cerned about, as well as insuring aca- Democratic alternative would grant ticular Senate voted against it when demic achievement for their children them protection, but it wasn’t enough they did not have a single one sup- in a safe and secure area. for Republicans. Their position was to porting their proposal and the re- No, we are denied that opportunity. basically hold small business owners sponses by Senator CONRAD were re- We cannot debate that. We are told and small farmers hostage until they sponsive to this challenge. S7014 CONGRESSIONAL RECORD — SENATE July 17, 2000 They are holding small businesses what is needed in terms of housing for constituents, particularly in the and farmers hostage to their flagrant working families and what is necessary Northeast, saw extraordinary increases scheme to help the super-rich even in terms of prescription drugs. in home heating oil prices. while they talk piously of helping the How are we going to have clean air? Members of this body have offered middle class. How are we going to have clean water? various proposals to address this issue, This Republican Congress is the tril- How are we going to clean up the ranging from urging OPEC to increase lion-dollar-travesty Congress. Fortu- brownfields? How are we going to make production; increasing domestic crude nately, President Clinton and AL GORE sure people are going to continue to oil production, by drilling in new areas; are here—in this case, President Clin- have an opportunity to work in em- building up our refining capacity; and ton—with a veto pen to burst their ployment and have the training and expanding our use of ethanol and alter- bubble. But thank goodness that work- the skills in order to be able to com- native fuels. Essentially, all of these ing families, middle-income families, pete in the new economy? proposals are supply side proposals, in- have a President who really cares All of those priorities have been creasing the supply of energy. about the economic and financial situ- washed away. With $1.3 trillion, we In fact, we are reaching a point now ation in this country. would be able to provide the invest- where the proposal to encourage OPEC I take pride that I was one of 11 ments for the American people. We might be running out of time. I note Members of the Senate who voted have given that away. We have given that the Saudi Arabians are asking for against the Reagan tax cut that took that away without adequate and fair a meeting of OPEC in the next few us from $400 billion to $4 trillion in consideration of these priorities. I wel- days, because if there is not a meeting debt. That is why I am always inter- come the fact that we have a President immediately, even if there is an in- ested in listening to those on the other who is going to veto those measures. crease in production, it will be insuffi- side talk about what wonderful eco- I yield the floor. cient in terms of reaching our markets nomic programs we have had over the f for the winter heating season. recent times. All of these supply side proposals are Let me finally use these charts to DEPARTMENT OF THE INTERIOR interesting, but we are neglecting an demonstrate, once again, what this re- AND RELATED AGENCIES APPRO- important aspect of the overall com- peal of the estate tax will cost. It is $55 PRIATIONS ACT, 2001—Continued position of the heating market—and billion per year that we are effectively The PRESIDING OFFICER (Mr. ROB- that is demand. giving the wealthiest individuals by ERTS). The Senator from Rhode Island. The weatherization program goes the year 2010. This could fund every AMENDMENT NO. 3798 right to this critical issue of demand. program in the Department of Edu- Mr. REED. Mr. President, I have By weatherizing homes, by making cation. amendment No. 3798 at the desk, and I them more energy efficient, we are lit- We are not saying that just throwing ask for its immediate consideration. erally cutting down the demand for en- money at it answers all the problems. The PRESIDING OFFICER. The ergy, and typically foreign energy. But it is a pretty clear indication clerk will report the amendment. As Congress debates these proposals about what a nation’s priorities are, The assistant legislative clerk read for supply relief, we should also start about how we are going to allocate reas follows: thinking seriously about demand reduction. That is critically involved in sources. We could have fully done that, The Senator from Rhode Island [Mr. REED] funded all of education, on this. We proposes an amendment numbered 3798. the whole issue of energy efficiency and weatherization. At the same time, could have funded the total cost of pre- Mr. REED. I ask unanimous consent our weatherization program protects scription drug medicines for every ben- reading of the amendment be dispensed the most vulnerable people in our soci- eficiary and had $15 billion left over. with. ety because they are aimed at the el- We could have had funding for all the The PRESIDING OFFICER. Without derly, individuals with disabilities, beneficiaries, for all of our senor citi- objection, it is so ordered. children, all of them being subject to zens. We could have provided the fund- The amendment is as follows: ing for the $20 billion which takes care huge increases in heating costs, not (Purpose: To increase funding for weather- only in the wintertime—that is the of all the medical research in the Na- ization assistance grants, with an offset) tional Institutes of Health, and you case in the Northeast—but in the On page 182, beginning on line 9, strike Southeast and Southwest and the very would still have $35 billion left. ‘‘$761,937,000’’ and all that follows through This is an indication of priorities. ‘‘$138,000,000’’ on line 17 and insert hot parts of this country in the sum- This is another indication. ‘‘$769,937,000, to remain available until ex- mertime. This chart depicts that from the Re- pended, of which $2,000,000 shall be derived by In fact, it was not too long ago—sev- publican estate tax, those who are transfer from unobligated balances in the eral years ago—in Chicago where there going to benefit from it, benefit from it Biomass Energy Development account and was an extraordinary heat spell. People to the average of $268,000. All we are $8,000,000 shall be derived by transfer of a literally died because they could not trying to get is a Medicare prescription proportionate amount from each other ac- afford to keep their air-conditioners drug benefit that will be valued for our count for which this Act makes funds avail- running, if they had air-conditioning. able for travel, supplies, and printing ex- senior citizens at $900. penses: Provided, That $172,000,000 shall be for Or they could not afford to keep paying Here it is: $268,000, by 2010, for those use in energy conservation programs as de- exorbitant energy costs because their who will benefit under the Republican fined in section 3008(3) of Public Law 99–509 homes were inefficient in terms of re- tax cut. All we are trying to do is get (15 U.S.C. 4507): Provided further, That not- taining the cool air from air-condi- $900 for our senior citizens, our 40 mil- withstanding section 3003(d)(2) of Public Law tioning. So this is a program that cuts lion senior citizens we will have at that 99–509, such sums shall be allocated to the el- across the entire country. time. Or to put it another way, the igible programs as follows: $146,000,000’’. The Weatherization Assistance Pro- beneficiaries will have the estates Mr. REED. Mr. President, I ask unan- gram supports the weatherization of worth $2.3 million. The people we are imous consent that Senator KENNEDY over 70,000 low-income homes each trying to help average $13,000 a year. and Senator SCHUMER be added as co- year. To date, over 5 million American They are the people we are trying to sponsors of this amendment. homes have been weatherized with Fed- look out for. The PRESIDING OFFICER. Without eral funds, and also local funds, which This is the contrast. I believe, as I objection, it is so ordered. must be part of the formula in order to have said, never has so much been Mr. REED. Mr. President, this provide this type of assistance for given to so few in such a short period amendment would provide an addi- American homes. of time—without, I think, the fair, ade- tional $8 million for the Department of Last December, I had a chance to quate national debate or discussion in Energy’s Weatherization Assistance witness this program in action. I was terms of what is really necessary, in Program. in Providence, RI, with Secretary of terms of meeting the human needs of Across the country this summer, Energy Bill Richardson. We went to a families in this country, the edu- Americans have faced unacceptably low-income home in Providence. In cational needs, the health needs, of high gasoline prices. Last winter, our just a few hours, a contractor was able July 17, 2000 CONGRESSIONAL RECORD — SENATE S7015 to blow in insulation between the trying to get by and need this type of ests and with respect to our Indian res- walls; they were able to caulk windows assistance. ervations and our Indian programs and and doorways; they were able to con- Again, as we look over the last sev- the management of the Bureau of Pub- duct tests to ensure that the energy ef- eral weeks, and even this week, talking lic Lands. I think we have at least ficiency of the structure had increased about relief for the marriage penalty, turned the corner. As I said in my dramatically. estate tax relief, it reminds me of a opening remarks on the bill, this is our This was a home of a family of first- play on Winston Churchill’s famous primary function and our primary goal; generation Americans. They had come line about the RAF, ‘‘never have so that is, to see to it that we manage the from Southeast Asia in the turmoil of many owed so much to so few.’’ We public lands of the United States and the war in Southeast Asia. The father seem to be in a position of saying, the other functions in this bill that are was in his late 40s, early 50s, and had never have so few gotten so much from exclusively Federal functions first and several children—all of them American so many. deal with other matters later. success stories. The children were in I want to ensure that at least when it I sympathize with the eloquent state- college. His mother was living with comes to weatherization we are re- ment of the Senator from Rhode Is- them. She was disabled, suffering from sponding to the critical needs of fami- land. In fact, I have supported that Alzheimer’s. lies across this country. I had hoped we case in this bill for several years. When This is typically the type of fami- could move towards the President’s re- one compares this appropriation with lies—low-income families, struggling, quest of $154 million. That would be that in the first year during which I working hard with jobs, trying to get about a 14-percent increase over our managed this bill, it is increased by a kids through college—who are the present level of $135 million. My good 20 percent. But here we have a beneficiaries of this program. It is an amendment does not seek that full in- proposal to add another $8 million, excellent program. It is a program that crease. It simply seeks an additional $8 which will come out of every program for which the U.S. Government has ex- is terribly needed by these low-income million. I think the money will be well clusive responsibility. It will mean families. spent. The program works. It puts peo- there will be less—not much less, but Typically, low-income families will ple to work. It helps low-income fami- there will be less —for Great Smokey spend about 15 percent of their income lies. It helps us address a problem National Park. There will be less for on heat—or in the summer, air-condi- which is growing with increasing im- the Fish and Wildlife Service and its tioning—more than four times the av- portance, and that is to control our in- multitude of obligations. There will be erage of more affluent families. Over 90 satiable demand for energy, particu- less for the Smithsonian Institution. percent of the households that are larly petroleum. There will be less for research and de- served by this weatherization program For all these reasons, I urge my col- velopment of the very programs for en- have annual incomes of less than leagues to support this amendment. I ergy efficiency which are the key to $15,000. This is a program that works. hope, perhaps, we can even work out a providing both energy independence It works for these individual families. way in which this amendment can be and the proper and efficient use of en- Not only that, it also works for us. It accepted by the chairman and his col- ergy. creates jobs. About 8,000 jobs through- leagues. With all respect to the Senator from out the country have been created be- If it is appropriate, I ask for the yeas Rhode Island, this has nothing to do cause of this weatherization program. and nays. with the tax debate. We have a budget It also saves us from consuming and The PRESIDING OFFICER. Is there a resolution and a set of allocations that wasting energy. sufficient second? have given this committee a fixed I argue, as I have initially, one There appears to be a sufficient sec- number of dollars with which to work. should look at the supply side com- ond. I repeat that: a fixed number of dollars plications of the energy crisis. One The yeas and nays were ordered. with which to work. It is all spent in should implore OPEC to increase pro- The PRESIDING OFFICER. The Sen- this bill. So we can’t just add this $8 duction. One should have sensible prob- ator from Washington. million or $18 million to the bill and lems to ensure supply. But if we ne- Mr. GORTON. Mr. President, just say, well, let’s take it out of a tax cut glect the demand part of the equation, under 2 hours ago, at the outset of this or out of a budget surplus or the like. we are not only missing the boat, but I debate, the distinguished Senator from The Senator from Rhode Island recog- think we are deficient in our responsi- Tennessee, Mr. THOMPSON, came to the nizes that. He has a match for this $8 bility to formulate a comprehensive floor with an eloquent plea about the million. But I simply have to repeat: approach to energy efficiency in this lack of money to properly manage The match is from the primary func- country. Great Smokey National Park and tions of the Federal Government, the In 1996, the budget was $214 million, pointed out the tremendous challenges management of our national parks and but because of cuts generated by the to that major national park in our sys- forests, the energy research we under- Contract With America, and other pro- tem. The Senator from Nevada, the take, the cultural institutions of the posals, it dipped down to about $111 other Mr. REID, spoke in agreement United States. That is from where this million—a significant cut. This was with that proposition. The Senator match comes. one of those programs that was dev- from Tennessee did not have an amend- A year ago, we said: If this program astated by the budget policies of the ment to increase the appropriations for is so important to the States, let’s re- mid-1990s. Great Smokey National Park or for quire them to match what we come up Since that time, we have added any other. with by 25 percent. Let them come up money back because, again, I believe I have found it curious that in the with 25 percent. Some States do pro- this body particularly recognizes both several years I have managed this bill vide some money for this. We had to the fairness and the efficiency of this and written this bill, almost without postpone that for a year. In this bill we program. But still we are at about $135 exception the amendments that are have had to have a way to grant State million in fiscal year 2000. brought to the floor are amendments waivers, when States regard this pro- That is still 37 percent below the 1996 to increase the amount of money we gram evidently as so lacking in impor- figure. donate to other units of Government tance that they are not willing to put If we can afford, as Senator KENNEDY for their primary purposes and almost up 25 percent of the money for their said, at length and eloquently, to en- never do they express a concern for in- own citizens for something that is pri- gage in trillion-dollar tax cuts, multi- creasing the amount of money to sup- marily their responsibility. billion-dollar benefits that go to the port the functions of the Government As I said, we are $3 million above the very wealthiest Americans, we should of the United States itself. level for the current year. The House is be able to at least increase our weath- I have gone a long way—my com- $5 million above the level for the cur- erization funding by $8 million to cover mittee has gone a long way—in draft- rent year. If we end up with a larger al- additional families, low-income fami- ing this bill at least to begin to make location—and, personally, I hope for a lies, families who have disabled mem- up for the deferred maintenance in our larger allocation—by the time the con- bers, families who are working hard national parks and in our national for- ference committee has completed its S7016 CONGRESSIONAL RECORD — SENATE July 17, 2000 work, we will have a modestly larger much more important than another one of the last three winter seasons until the amount of money for this program in a program, so let’s cut the other pro- study referred to in subsection (a) is com- final conference committee report. But gram; we just say, in effect, cut them pleted and submitted to the Committee on it is not responsible to take it out of all across the board. But it is $8 million Appropriations of the House of Representa- tives and the Committee on Appropriations our National Park System. It is not re- more in deferred maintenance for our of the Senate. sponsible to take it out of our existing national parks, or for our other na- energy research. It is not responsible tional lands. And since this is a pro- Mr. THOMAS. Mr. President, I come to take it out of the cultural institu- gram that, over the course of the last to the floor today to talk about an tions of the United States. That is pre- 5 years, has increased more rapidly, issue that is very important to many cisely what this does. bluntly, than the amount of money we people. It is certainly important to me Mr. REED. Will the Senator yield? have for these primary responsibilities, as chairman of the parks subcommittee Mr. GORTON. Certainly. that is the reason we came up with the in the Senate and as a supporter of Mr. REED. Mr. President, I do ap- amount that we did. parks. Having grown up right outside plaud the Senator’s efforts over many Would I have liked to come up with of Yellowstone Park, the parks there years to increase this account. He has more? Yes. If I have a larger allocation are very much a part of our lives. done that. I think it makes a great later, I will. Will there be more? There Let me quickly summarize what this deal of sense to provide a local match, will be. I don’t think at this point, for amendment does. I can do it very which he has, and we would encourage a State program, that many States quickly because it is quite simple. It more local participation. It is true we aren’t matching—and the requirement deals with the idea and the concept of have provided an offset because I rec- for match is only 25 percent—that this having access to national parks, when ognize that we do not have unlimited is as important as the national prior- it is appropriate, for the use of indi- free money to put back into the budg- ities that are the subject of the rest of vidual snow machines—something we et. this bill. have done for some 20 years—frankly, We have taken money from every The PRESIDING OFFICER. The dis- without any particular objection until Federal agency. But I am told that our tinguished Senator from Wyoming is this last year, and without any real cut represents .05 percent per agency recognized. evidence that we can’t make some coming out of travel pay, coming out Mr. THOMAS. Mr. President, I ask changes that would allow us to con- of administrative overhead. I think unanimous consent that the pending tinue to do that. that is probably something they could amendment be temporarily laid aside. Unfortunately, rather than looking well absorb. I daresay it would not re- The PRESIDING OFFICER. Without for an opportunity to bring about some quire them to either turn down the objection, it is so ordered. changes in the machines, or some changes in the way they are used, or to heat or turn off the air-conditioning, AMENDMENT NO. 3800 whereas we are talking about a situa- Mr. THOMAS. Mr. President, I send manage the way they are used, this ad- tion of homes throughout this country an amendment to the desk and ask for ministration has simply said: We are where they don’t have that luxury. its immediate consideration. going to bring about a regulation uni- So I agree in principle that we are The PRESIDING OFFICER. The laterally that will eliminate the use of taking it from agencies, but we are clerk will report. snow machines in the parks of the taking such a minute fraction that I The assistant legislative clerk read United States. think it would be readily absorbed. And as follows: What this amendment does, simply, is provide some money—$400,000; and we are putting it into a program that The Senator from Wyoming [Mr. THOMAS], is both worthwhile and necessary in so for himself, Mr. CRAIG, Mr. GRAMS, Mr. we have found a place to get that many cases, and also going to the heart CRAPO, and Mr. ENZI, proposes an amend- money—to conduct a study to deter- of ensuring that people can go into this ment numbered 3800. mine how the national parks can do a heating season —particularly in the Mr. THOMAS. Mr. President, I ask couple of things: One, minimize the po- Northeast—with a little more con- unanimous consent that reading of the tential impact of snow machines and fidence. I am concerned we are going to amendment be dispensed with. properly manage competing rec- see tremendous oil heating price hikes The PRESIDING OFFICER. Without reational activities in the National which will force people into very dif- objection, it is so ordered. Park System. That is pretty logical ficult choices between heating or eat- The amendment is as follows: stuff. In fact, you can almost ask your- ing. This is a way, I believe, in which (Purpose: To provide authority for the Sec- self, haven’t they done this? The an- we can begin to start addressing this retary of the Interior to conduct a study swer is that they have not. Two, prop- point. on the management of conflicting activi- erly manage competing recreational Again, I recognize that the chairman ties and uses) activities in units of the national park. has very diligently and sincerely tried On page 125, line 25 strike ‘‘$58,209,000’’ Again, that is pretty easy to do. In Yel- to increase these funds. I hope we can through page 126, line 2 and insert in lieu lowstone Park, where there is a great do better. I don’t think we are penal- thereof ‘‘$57,809,000, of which $2,000,000 shall demand for using snow machines, on izing the agencies, and I don’t antici- be available to carry out the Urban Park and the one hand, and cross-country skiing, Recreation Recovery Act of 1978 (16 U.S.C. on the other, with management you pate a park being shut down by the loss 2501 et seq.). of .5 percent of their travel expenses can separate these two so that they are SEC. . MANAGEMENT STUDY OF CONFLICTING and other overhead. USES. not conflicting uses. Of course, that re- Mr. GORTON. Mr. President, first, (a) SNOW MACHINE STUDY.—Of funds made quires some management. there is another far more important available to the Secretary of the Interior for So then the second part of it is that program and far more expensive pro- the operation of National Recreation and no funds may be appropriated until gram that goes to these very issues. Preservation Programs of the National Park such time, basically, as the Park Serv- The appropriations bill for military Service $400,000 shall be available to conduct ice has completed their study and sub- construction included many other mat- a study to determine how the National Park mitted it back to the Committee on Service can: ters. There was $600 million more for (1) minimize the potential impact of snow Appropriations in the House of Rep- the direct assistance to people with machines and properly manage competing resentatives and the Committee on Ap- their heating oil bills. In some re- recreational activities in the National Park propriations in the Senate. So this spects, this is every bit as important a System; and doesn’t put any long-time restriction program because it tries to lower the (2) properly manage competing recon what can be done. It simply says: bills in the first place. reational activities in units of the National Here is some money; take a look at The Senator from Rhode Island is Park System. where we are, what the problems are, correct; this is a small percentage of (b) LIMITATION OF FUNDS PENDING STUDY and what we can do about them, and COMPLETION.—No funds appropriated under the budgets for the national parks. It is this Act may be expended to prohibit, ban or bring that back and make some man- also the subject of match for several reduce the number of snow machines from agement decisions. It is fairly simple other amendments here because it is so units of the National Park System that al- and, I think, fairly reasonable. That is easy. We don’t say this program is lowed the use of snow machines during any what this amendment is all about. July 17, 2000 CONGRESSIONAL RECORD — SENATE S7017 I guess the real issue comes about from the west coast, and some from the time, it seems that something much due to the fact that we have had a con- Rocky Mountains. It is not only in the less in terms of numbers is what we are siderable amount of activity. What area that has limited interest; it has going to cut off. really brings it about is a winter use interest from all over the whole coun- I want to deal largely with the con- study that is going on now in Yellow- try. cept that we ought to really pay atten- stone and the Teton Parks. It has to do The Department claims that only a tion to the purpose of these resources— with the broad aspect of winter use and complete ban to curb snowmobiles on to make them available, to have access with buffalo moving out of the park issues and noise will protect the wild- to them, that we need to have a system and what kinds of things can be done life. That simply isn’t the only alter- that is based on findings of fact and there; and how people can get in and native that is available. science, and be able to come up with al- out of the parks and utilize them in the I want to make it very clear that it ternatives rather than simply making wintertime, which really brought is not my position, nor would I defend the bureaucrat decision downtown that about this whole thing. The Assistant the notion that snowmobiles ought to we are going to do away with this or we Secretary of the Interior went out to continue to be used as they are cur- are going to do away with that. look and came back with an idea—I rently being used. They can be changed We ought to put into effect a time think mostly of his own—that we substantially. We have had meetings that this agency can study this issue, ought to do away with snowmobile use. with the manufacturers, which, by the look at the alternatives, provide some He did this without having any facts, way, have a very strong presence in money to do that, have them bring science, or looking at what could be Minnesota. Lots of jobs and lots of their findings back, and then certainly done so that you could be consistent issues are involved. Jobs isn’t really make some choices. with the purpose of the park. the issue. The issue is access to the This amendment is simple and The purpose of a park is basically to land that belongs to the people of this straightforward. I think that is better maintain the resource and to maintain country, but they can be changed. than the bureaucratic approach of just it in such a way that its owners can One of the things that has not hap- deciding somewhere in the bowels of enjoy the use of it. Those things are pened and that should happen is there the Interior Department we are going not inconsistent. Those things are not ought to have been some standard es- to do something. tablished for snowmobiles, saying here inconsistent with snowmobiles, in my I find a great deal of reaction to it in is the level of emissions that is accept- judgment. But whether it is my judg- my State, of course, and the sur- able, and here is the level of noise that ment or not, more importantly, the rounding States which are very much is acceptable. If you want to use your idea to come to the conclusion that impacted. they are inconsistent without any facts machine in the park, you have to have This is not a partisan issue. I have is something we ought not to accept. one that complies with these regula- worked with the majority leader and I am a little surprised that someone tions. There have been none. the Senator from Montana to try to in this Congress would rise to defend The same thing could be said about find a solution. We are looking for so- the authority of the executive branch where you use the machine. If you are lutions. That is really what we need to go around the Congress and to do going to be in the same track as deer, some time to be able to do. something without even including the it doesn’t need to be that way. Congress or the people. That is not the We have had failure on the part of Mr. GRAMS. Mr. President, I rise in way this place is set up. That is not management of the Park Service to do support of the amendment to reverse what we are here for. That is why we something to make these kinds of uses the snowmobile ban in our national have a division between the executive compatible with the purposes of the parks and provide funding for a study and the legislative and the judicial—a parks. Rather than do that, or rather to determine how the National Park very important division. It is, frankly, than making efforts to do that, they Service can minimize the impact of being ignored by this administration simply say, no. They are just going to snow machines and properly manage not only on this issue but on many of cut it out; they aren’t going to do that. competing recreational activities in them. They are overtly saying: If we I object to that process. I don’t think the National Park System. I want to don’t get approval, we will just do it. that is the kind of process that we thank Senators THOMAS and CRAIG for That is not the way things are sup- ought to look forward to in this coun- their efforts to bring this important posed to happen. try—whether it is snowmobiles, or amendment before the Senate for con- I am also a little surprised, frankly, water, or whether it is automobiles, or sideration. that a representative of a public lands whether it is food regulations, or what- While the Interior Department’s ill- State would be interested in having the ever. We have to have something bet- conceived ban will not immediately af- agencies that manage—in the case of ter. Interior has never considered a sin- fect snowmobiling in Minnesota’s Nevada—nearly 90 percent of the land gle management scheme to be able to Voyageurs National Park, it will im- and, in Wyoming, over half, making de- make it better. pact snowmobiling in at least two cisions without involving some of the Certainly I hear all the time: Well, units of the Park System in my home people who should be involved, who are the snow machine people should have state—Grand Portage National Monu- involved with living in these areas. done something better. Maybe so. I ment and the St. Croix National Scenic I think we are really talking about a don’t argue with that. However, if you Riverway. In addition, this decision system of rulemaking—a system of reg- were a developer of snow machines, if will greatly impact Minnesotans who ulation—and one that needs to be based you were a manufacturer and you were enjoy snowmobiling, not only in Min- on facts and based on the idea that you going to invest a good deal of money to nesota, but in many of our National take a look at issues. Frankly, the sub- make changes in them, I think it would Parks, particularly in the western part stantial amount of evidence about be important to you to know what the of our country. what has been said about snowmobiles standard is going to be so you are able When I think of snowmobiling in in west Yellowstone and other places to meet those requirements and con- Minnesota, I think of families and simply isn’t factual. I could go through tinue to be able to put out the machine friends. I think of people who come to- all of that stuff, but I will not. But it that would comply. gether on their free time to enjoy the is terribly important that we try to do We have had hearings. We have met wonders of Minnesota in a way no things based on real facts. with those manufacturers. They testi- other form of transportation allows The Department of Interior has an- fied they can and will produce and mar- them. I also think of the fact that in nounced that it intends to ban snow- ket the machine, if EPA will set the many instances snowmobiles in Min- mobiles in all but 12 of about 30 parks— standard. nesota are used for much more than not all in the West, as a matter of fact. It is kind of interesting that most of just recreation. For some, they’re a We sent a letter to the Secretary of the the parks, such as Yellowstone, are full mode of transportation when snow Interior some time ago with 12 signa- of cars, buses, and all kinds of things in blankets our state. For others, snow- tures on it. They quickly came to the the summertime which do not seem to mobiles provide a mode of search and Senate from Maine, from Minnesota, have an impact here. But in the winter- rescue activity. Whatever the reason, S7018 CONGRESSIONAL RECORD — SENATE July 17, 2000 snowmobiles are an extremely impor- public-lands—not the Clinton adminis- ceived from my constituents. While tant aspect of commerce, travel, recre- tration and certainly not Donald J. I’ve not checked with every local offi- ation, and safety in my home state. Barry. cial in Minnesota, not one local official Minnesota, right now, is home to I can’t begin to count the rules, regu- has called me to say that the Park over 280,000 registered snowmobiles and lations, and executive orders this Ad- Service contacted them. In fact, while 20,000 miles of snowmobile trails. Ac- ministration has undertaken without I knew the Park Service was consid- cording to the Minnesota United even the most minimal consideration ering taking action to curb snowmobile Snowmobilers Association, an associa- for Congress or local officials. It has usage in some parks, I had no idea the tion with over 51,000 individual mem- happened in state after state, to Demo- Park Service was considering an action bers, Minnesota’s 311 snowmobile crats and Republicans, and with little so broad, and so extreme, nor did I riding clubs raised $264,000 for charity or no regard for the rule or the intent think they would issue it this quickly. in 1998 alone. Snowmobiling creates of law. I want to quote Interior Sec- This quick, overreaching action by over 6,600 jobs and $645 million of eco- retary Bruce Babbitt from an article in the Park Service, I believe, was unwar- nomic activity in Minnesota. Min- the National Journal, dated May 22, ranted. It did not allow time for fed- nesota is home to two major snow- 1999. In the article, Secretary Babbitt eral, state, or local officials to work to- mobile manufacturers—Arctic Cat and was quoted as saying: gether on the issue. It didn’t bring Polaris. And yes, I enjoy my own snow- When I got to town, what I didn’t know snowmobile users to the table to dis- mobiles. was that we didn’t need more legislation. cuss the impact of the decision. It People who enjoy snowmobiling come But we looked around and saw we had au- didn’t allow time for Congress and the from all walks of life. They’re farmers, thority to regulate grazing policies. It took Administration to look at all of the 18 months to draft new grazing regulations. available options or to differentiate be- lawyers, nurses, construction workers, On mining, we have also found that we al- loggers, and miners. They’re men, tween parks with heavy snowmobile ready had authority over, well, probably usage and those with occasional usage. women, and young adults. They’re peo- two-thirds of the issues in contention. We’ve ple who enjoy the outdoors, time with switched the rules of the game. We’re not This decision stands as a dramatic ex- their families, and the recreational op- trying to do anything legislative. ample of how not to conduct policy for- portunities our diverse climate offers. As further evidence of this Adminis- mulation and is an affront to the con- These are people who not only enjoy tration’s abuse of Congress—and there- sideration American citizens deserve the natural resources through which fore of the American people—Environ- from their elected officials. That is why this amendment is so they ride, but understand the impor- mental Protection Agency Adminis- important. It reverses the dark of tant balance between enjoying and con- trator Carol Browner was quoted in the night, back room tactics used by this serving our natural resources. same article as saying: Just three years ago, I took part in a Administration to arrive at this deci- We completely understand all of the execu- sion. We cannot simply stand by and snowmobile ride through a number of tive tools that are available to us—And boy cities and trails in northern Minnesota. do we use them. watch as the administration continues its quest for even greater power at the While our ride didn’t take us through a While Ms. Browner’s words strongly expense of the deliberative legislative unit of the National Park Service, it imply an intent to work around Con- processes envisioned by the founders of did take us through parks, forests, and gress, at least she did not join Sec- our country. Secretary Babbitt, Ad- trails that sustain a diverse amount of retary Babbitt in coming right out and ministrator Browner, and Donald J. plant and animal species. I talked with admitting it. Barry may believe they’re above work- my fellow riders and I learned a great Well, Mr. President, I for one am get- ing with Congress, but only we can deal about the work their snowmobile ting a little sick and tried of watching make sure they’re reminded, in the clubs undertake to conserve natural re- this Administration force park users strongest possible terms, that when sources, respect the integrity of the out of their parks, steal land from our they neglect Congress they’re neglect- land upon which the ride, and educate states and counties, impose costly new ing the American people. This amend- their members about the need to ride regulations on farmers and businesses ment does just that. responsibly. without scientific justification, and Mr. ENZI. Mr. President, I rise in The time I spent with these individ- force Congress to become a spectator support of the amendment introduced uals and the time I’ve spent on my own on many of the most controversial and by the Senator from Wyoming, Senator snowmobiles have given me a great re- important issues before the American CRAIG THOMAS, regarding a study on spect for both the quality and enjoy- people. Quite frankly, I’m getting a lit- snowmobile use within our National ment of the recreational experience tle sick and tired of this Administra- Parks. and the need to ride responsibly and tion’s positions of zero-cut, zero-access, The development of the Yellowstone safely. It has also given me reason to and zero-fun on public lands. and Grand Tetons National Parks win- strongly disagree with the approach When forging public policy, those of ter use plan draft environmental im- the Park Service has chosen in banning us in Congress often have to consider pact statement has been a landmark snowmobiles from our National Parks. the opinions of the state and local offi- exercise for inclusion and cooperation I was stunned to read of the severity cials who are most impacted. If I’m between state, local and Federal Agen- of the Park Service’s ban and the rhet- going to support an action on public cies involved in the land management oric used by Assistant Secretary Don- land, I usually contact the state and planning process. While this endeavor ald J. Barry in announcing the ban. In local official who represent the area to has not progressed without flaws, it the announcement, Assistant Sec- see what they have to say. I know that has established that local and state retary Barry said, ‘‘The time has come if I don’t get their perspective, I might governments possess the expertise and for the National Park Service to pull in miss a detail that could improve my ef- ability to respond in a timely and edu- its welcome mat for recreational forts are necessary or if they’re mis- cated manner to address issues critical snowmobiling.’’ He went on to say that placed. They can alert me to areas to the development of a comprehensive snowmobiles were, ‘‘machines that are where I need to forge a broader con- land-use document. no longer welcome in our national sensus and of ways in which my efforts In spite of these efforts, however, the parks.’’ These are the words of a bu- might actually hurt the people I rep- United States Department of the Inte- reaucrat whose agenda has been hand- resent. I think that is a prudent way to rior has announced a decision to usurp written for him by those opposed to forge public policy and a fair way to this process and has chosen to imple- snowmobiling. deal with state and local officials. ment an outright ban on all snowmo- The last time I checked, Congress is I know, however, that no one from biles, in virtually all national parks, supposed to be setting the agenda of the Park Service ever contacted me to including Yellowstone. the federal agencies. The last time I see how I felt about banning I must admit I am not surprised at checked, Congress should be deter- snowmobiling in Park Service units In the over-reaching nature of this action. mining who is and is not welcome on Minnesota. I was never consulted on In fact, several months ago I predicted our federal lands. And the last time I snowmobile usage in Minnesota or on that the Park Service would ban snow- checked, the American people own our any complaints that I might have re- mobiles in Yellowstone Park and would July 17, 2000 CONGRESSIONAL RECORD — SENATE S7019 extend its ban on snowmobiles to all use in Yellowstone and its neighbor, this ban is based on regulates off-road national parks. I am further concerned Grand Teton National Park. The an- vehicle use on our national parks, and that this action will spread to include nouncement also came before officials as I just noted, snowmobiles are not other public land including the na- could incorporate revisions and amend- off-road vehicles in national parks. tional forests. In fact, discussions with ments to major studies that the Park What a snowmobile ban really does is National Forest supervisors sur- Service relied on in drafting the draft deny access for old and young riders rounding Yellowstone indicate that all environmental impact statement. with physical limitations that preclude it will take is an adverse opinion by The Park Service admits these ini- them from snowshoeing or cross coun- the U.S. Fish and Wildlife Service to tial studies were seriously flawed and try skiing into the park. The only al- ban snowmobiles altogether. exaggerated snowmobile pollution esti- ternative left for those visitors unable The United States Forest Service mates. The original draft study on to snowshoe or ski into the park will could claim that increased snowmobile snowmobile emissions erroneously only be able to access the park via a use on our national forests will impact computed emissions amounts using mass transit vehicle known as a snow the Canadian lynx, or some other pounds instead of grams as is used to coach. threatened or endangered species, with- compute all standard emission Because of its size, and the type of out proof or documentation to put such amounts. terrain, it is incredibly impractical to a ban in place. So what is the real reason for ban- limit access to Yellowstone to just After a ban in the forests, we can ex- ning snowmobiles from Yellowstone snow coaches or cross country skis and pect action on BLM lands. After snow- and all other national parks? The Park snowshoes. Yellowstone is made up of mobiles, what next? A ban on auto- Service’s proposal to ban snowmobiles approximately 2.2 million acres, most mobiles and then even on bicycles? If is all about deciding who will have the of which is already closed to public ac- that sounds farfetched, think back just privilege of experiencing the Park up cess other than by foot, snow shoe or three years ago when we were assured close and in person, and who will be skis, and has less than 2,000 snowmo- that snowmobiles would not be banned forced to stay home. Unfortunately, biles inside the park on any given day. in Yellowstone Park. Soon, we may this will leave an even larger segment By comparison, the State of Con- even expect that bans on other types of of the United States ignorant of how necticut is slightly larger than Yellow- stone Park with more than 3.3 million recreation will follow and our public vast and wonderful our parks really people, many of which drive a car every lands will no longer be available to the are. day. Perspective is important. public. It is vitally important, therefore, On its face, and in the safety of your As one of the Senators representing that a true picture be painted for the own living room, the idea of riding a the bulk of Yellowstone, I feel it is my American public to understand what is van-sized, over snow vehicle may sound duty to correct some of the misconcep- really being taken away from them. like a romantic mode of travel, but in tions that surround this proposal by One poll touted by national environ- reality, snow coaches are large, cum- the federal government to prohibit ac- mental organizations claims most bersome vehicles that grind, scrape, cess to our nation’s oldest and dearest Americans favor banning snowmobiles, and shake their way across high moun- of national parks. partially based on an image of snowmo- tain passes. It is impossible to ride in a Millions of visitors come to Yellow- biles as heinous, smog producing, noisy snow coach for long periods of time. stone National Park each year to expe- devices used to run down poor, defense- As a result, the proposal to only ac- rience first hand the park’s unique and less animals and lacking a conception cess the park by means of mass transit awesome beauty. They come from all of the size of the park and the limited further restricts time and access to the over the world to see Earth’s largest number of snowmobiles accessing the park by virtually eliminating all en- collection of geothermal features and park on any given day. trances to Yellowstone except for the to witness some of the largest free- The administration failed to inform gate at West Yellowstone, Montana. roaming bison and elk herds in the the public of other alternatives to an The terrain and elevation at Wyo- United States. outright ban that were in the works. ming’s East Gate is so rugged and high In a proposal announced March 24, For example: snowmobile manufactur- that it is impractical for snow coaches 2000 the U.S. Department of the Inte- ers are interested in cleaner, quieter to travel in that area of the park. Syl- rior declared its plan to permanently machines. There was also discussion van Pass reaches an elevation of 8,530 ban snowmobiles from the park begin- about reducing the number of snowmo- feet and is surrounded by mountains ning in 2002. This announcement was biles that could access the park every that rise well over 10,000 feet on one followed by a later statement, on April winter. Not many people realize that side, and gorges with sheet drops of 27, 2000, where the Department of Inte- local leaders were very involved in try- several thousand feet on the other. rior expanded a proposed ban to dozens ing to resolve the situation to avoid This is definitely not a place for a snow of other national parks across the implementing a full fledged ban. coach. country. If federal officials and na- In addition, the snowmobile industry Furthermore, by moving the south- tional special interest groups have has been working for several years to ern access point from Flag Ranch to their way, however, a visit to Yellow- develop air and noise standards with Colter Bay, the Park Service makes stone National Park may become as the Environmental Protection Agency any southern day trip into Yellowstone rare and endangered as the trumpeter so there is a clear target for cleaner, an impossible 113 miles round trip. This swan or black footed ferret. quieter machines. Industry has stated also creates a serious safety problem There is little evidence to support time and time again that once they for Idaho snow groomers who, in the claims that this proposal was made to have clearly defined standards they past, filled up their gas tanks at Flag protect the environment or to reduce will develop the technology to meet Ranch. Under the current proposal, the impact on Park animals. In fact, those standards (assuming some rea- these facilities will be closed and the later statements by park personnel in- sonableness to the standard) One com- groomers will not have enough gas to dicate that the main reason for this pany even gave the Park Service some make one complete round trip. This ban was to comply with changing Park advanced model snowmobiles to test. creates a serious safety problem and Service policy which was developed to Right now, snowmobiles are only al- shuts off access to more than 60 miles supersede ongoing efforts to reach a lowed on groomed roads, the same of non-Park Service trails. reasonable compromise on national roads used by cars in the summer and Once again, I would like to reiterate park winter use. average less than two-thousand snow- that the complete banning of snowmo- As I stated earlier, the decision to mobiles a day. A speed limit of 45 miles biles is not the only available alter- ban snowmobiles was announced before per hour is strictly enforced. Any driv- native for national park recreational the Park Service had completed its reer who puts one ski off the designated winter use. For the past three years, I view of comments on a draft environ- trails is subject to fines and possible have worked with the communities mental impact statement created by arrest. The same goes for speeding. surrounding Yellowstone to develop a the park and adjacent states and coun- This is a significant point to make by more practical and more inclusive ap- ties to address concerns over winter the way, because the Executive order proach to Yellowstone winter use. S7020 CONGRESSIONAL RECORD — SENATE July 17, 2000 After holding dozens of meetings with to take all of them out of the parks, ject. I note there are 55 minutes be- residents and business owners, we have finish the rulemaking in Yellowstone, tween now and 6:15. I have a minimum been able to create a proposal that pre- and so be it—failing to recognize the of 3 amendments that I know are going serves the park’s environmental health industries that have built up around to be debated and will require votes, while at the same time ensuring future snowmobiling at both entrances to Yel- and perhaps five. While there are no access—for everyone. This amendment lowstone Park; failing to deal with limitations on this, I appreciate it will enable the Park Service to rethink them in a responsible, cooperative being concluded relatively quickly so its actions and hopefully incorporate a way—so that he could ensure the we can go to the Senator from Nevada. more positive approach to winter man- mantra of the Clinton administration, His amendment will be contested, and agement. and that public lands generate econo- there will be more after that. We are I grew up spending time in Yellow- mies in recreation and tourism. scheduled to go off this bill, for good, stone where grandparents camped in- Here quite the opposite was going except for votes, at 6:15. side the park all summer. I have been on—no economy, everything for the en- Mr. CRAIG. I thank the chairman of back many times since, sometimes on a vironment, even though the facts bear the subcommittee for giving an evalua- snowmobile. In fact, I get there every out that you can still have an econ- tion of the time remaining on the year. Over the years the park has im- omy, meaning people on snowmobiles amendments that must be dealt with. I proved, not been overrun or run down in Yellowstone in the wintertime, and know the chairman has been struggling as efforts mostly to get additional still protect the environment. since around 3:15 to get Senators to de- funds imply. Anyone who knows and How do you accomplish that? You bate the amendments, and now all of a loves Yellowstone like I do can attest work with the industry. What do you sudden they appear on the floor in the to the fact that there is room enough do with the industry? You ask them to last minutes. for wildlife, snowmobiles, snowshoers, redesign their sleds so they make little I conclude my debate. The Senator cross country skiers and snow coaches to no noise and very little pollution from Montana, I know, wants to speak in Yellowstone, and a reasonable com- —if there is any of consequence that to this issue. It impacts his State and promise can be reached to include all would damage the environment to the economy of his State. Once again I of these uses, that is unless federal offi- begin with. say to the administration, shame on cials don’t step in first and ensure ev- What does the industry say? They you for taking people out of the envi- eryone is excluded. Wildlife and human can do it. In fact, last winter they were ronment, all in the name of the envi- enjoyment of the wildlife are not mu- operating in Yellowstone with a proto- ronment. It doesn’t seem a very good tually exclusive. Good administration type put out by one of the snowmobile solution to me, if you are going to tout would accommodate both. manufacturers. It was a four-cycle in- tourism and recreation to us western The study outlined in this amend- stead of a two-cycle engine. The Sen- States as an alternative to the elimi- ment would establish a necessary first ator from Nevada was bemoaning the nation of the extractive resource indus- step in restoring access, not just to the pollution of the two-cycle. We now tries that have provided economies to park, but to the land planning process, know they can produce a four-cycle our States for the last 100-plus years. for those people who will bear the that will be certainly less environ- The PRESIDING OFFICER. The dis- brunt of the Park Service’s decision to mentally damaging. They are willing tinguished Senator from Montana is ban snowmobiles. Clearly, the Park to do that. recognized. Service’s decision in this matter is an The moment the industry said to the Mr. BURNS. It will not take long to arbitrary decision that bypassed local Park Service we can supply you with a make the point. I will facilitate every- communities, counties, states and even new sled that meets these standards, thing, as the chairman of the sub- Congress. The Park Service needs the the Park Service says: Oh, well, it committee wants. direction provided for in this amend- wasn’t air pollution, it wasn’t noise If Members want to talk about wild- ment. pollution, it was wildlife harassment. life in Yellowstone, you will see very Mr. President, I yield the floor. Somehow the wildlife of Yellowstone little variety in wildlife in Yellowstone The PRESIDING OFFICER. The dis- is going through some emotional prob- in the wintertime. If you have been tinguished Senator from Idaho is rec- lem as a result of snowmobiles traf- there, you know that about the only ognized. ficking by recreationists on a daily thing you will see is bison. Let me tell Mr. CRAIG. Mr. President, I stand in basis. I am not quite sure they have you, you don’t bother them with a lit- support of my colleague from Wyoming had any examples of these wildlife spe- tle old snowmobile. They are just walk- on his amendment. cies in therapy. But somehow they ing around, and they go wherever they I was quite surprised when Senator seem to know a great deal about it. want to, whenever they want to. So REID of Nevada spoke on the floor The bottom line is simply this: The let’s not be worried about the bison. about this issue because I heard what environmentalists have told this ad- Whether you agree with it or not, there he was saying before. It was given in ministration they want snowmobiles are too many bison in the park. We testimony before the Subcommittee on out of the parks. have grazed that country right into the Parks, chaired by the Senator from I suggest to the National Park Serv- ground. Wyoming, by the national environ- ice that they have a real problem on I remind Members that those who op- mental groups. He was following their their hands in management. In other erate the snowmobiles out of West Yel- script. Their script says: Get all of the words, they are denying public access lowstone have gone to the Park Service snowmobiles out of the park. For some to parks that were designed to protect and said: We will make arrangements reason that impacts the parks. I have the environment and also allow public to prevent line-ups at the gate, we will ridden snowmobiles in Yellowstone. I access. They have a crisis in manage- get new, cleaner, quieter machines, we am not sure the Senator from Nevada ment. will work with you in order to protect has. I am not sure many Senators have. They don’t have an environmental the environment of Yellowstone Park. I don’t dispute the need to manage the problem in Yellowstone, they have a There will be more people in a week number of snowmobiles and the entry management problem, a failure on the this summer through the park than all of snowmobiles where they travel. part of this administration, and cer- of next winter. You cannot even get But arbitrarily and without justifica- tainly this President, to recognize the through that park for traffic right now. tion, Assistant Secretary Barry—who cooperative balance between the envi- One of these days, you will have to go has now fled to the Wilderness Society ronment and the public and how one to a gate and pick a number and they once he tried to accomplish his damage benefits from creating this kind of bal- call your number and you get to go to here in this administration with the ance for all to benefit from. the park. The impact is in the summer, Park Service—came before the com- Mr. GORTON. Will the Senator yield? not in the winter, no matter what you mittee and emphatically said they had Mr. CRAIG. I am happy to yield to are riding. It could be an old gray horse to go. In a press conference a few days the Senator. or a snowmobile, it doesn’t make any prior to that hearing in almost a defi- Mr. GORTON. Mr. President, I note difference. And are we concerned about ant, arrogant way, he said he was going another Senator interested in the sub- that? July 17, 2000 CONGRESSIONAL RECORD — SENATE S7021 Let’s not be shocked. The Senator spiring national treasures. The land- ment. This is a very flawed assump- from Wyoming has a good idea. It is scape of our national parks should re- tion. They have no inherent right to time we take a realistic look at this, flect the wonders of our Creator, which run wild in national parks. do the study, and go forward with the I think we have an obligation to pro- All Americans have the right to recommendations that are made. tect. National parks do not need to enjoy our national parks but only in Mr. REID. Mr. President, the Envi- serve as racetracks for noisy, high-pol- ways that do not damage the parks. ronmental Protection Agency has luting snow machines. Prohibiting snowmobiles in national issued proposed regulations governing The State of Nevada shares Lake parks will have an insignificant impact the emissions of snowmobiles in our Tahoe with California. We wish we had on recreational opportunities available National Park System. It is very clear all of Lake Tahoe, but we do not mind to snowmobilers. Again, there are more that these vehicles cause big problems. sharing it with California. It is a won- than 130,000 miles of designated trails Why do I say that? A single snow- derful, beautiful lake. There is only in the United States, and less than mobile belches out the same pollution one other lake like it in the world, and 1,000 of those miles are in national that 20 automobiles do. One snow- that is Lake Bakal in the former So- parks. That is less than 1 percent. mobile equals the pollution of 20 pas- viet Union, now Russia, an alpine gla- Because millions of acres of public senger cars. cial lake. Lake Tahoe it is very deep— lands are already open to public Also, my friend from Tennessee ear- not as deep as Lake Bakal, which is snowmobiling, banning snow machines lier talked about the air pollution in over 5,000 feet deep, but very deep. It in national parks does not prevent the Great Smoky Mountains because of was only 35 years ago they found the recreationists from using their vehi- coal-fired generating plants in that bottom of Lake Tahoe. It is extremely cles. It just prevents them from using area. There isn’t much that can be cold. It is beautiful. It is emerald col- the most sensitive and heavily visited done, at this stage at least, to stop ored. public lands. those longstanding power producers But one of the things contributing to Arguing that every form of rec- from generating the emissions they do. the ruination of Lake Tahoe is two- reational access should be allowed in But there is something we can do to stroke engines. They were outlawed national parks is silly. Visitors do not need to jet boat in Crater Lake Na- stop air pollution from developing as it last year. I am glad they were out- tional Park. Visitors do not need to has in our National Park System. lawed. People may complain: What are ride dirt bikes in the Grand Canyon. It is a national disgrace that the lev- we going to do for recreation? Visitors do not need to bungee jump els of toxic pollution, such as carbon There are plenty of things to do for from the Washington Monument. monoxide—in Yellowstone National recreation without these two-stroke Prohibitions against such activities Park, to pick just one—rival major engines. They are gone now. The lake do not restrict Americans’ access to urban centers such as Los Angeles and is less polluted. It sounds better. Two- our parks; rather, they indicate a will- Denver. I repeat, it is a national dis- stroke engines are also the engines ingness to protect parks for the enjoy- grace that levels of toxic pollutants that snowmobiles use. They have been ment of all visitors. such as carbon monoxide, in our na- outlawed at Lake Tahoe. Why? Because Great Basin National Park in Nevada tional parks—especially Yellowstone— they are inefficient, highly polluting, already prohibits snowmobile use. Gla- at times, rival major urban centers and contribute disproportionately to cier and Yosemite Parks do not allow such as Los Angeles and Denver. That the decline of the lake’s legendary snowmobile use. is significant. clarity and degradation of its water What are some of the environmental But what is being proposed by the quality. problems caused by snowmobiles in na- Environmental Protection Agency is Our national parks deserve similar tional parks? nothing that is going to eliminate protection from the pollution produced Environmental analyses done at Yel- snowmobiling in our country. by these snow machines. lowstone and elsewhere have shown For example, of the more than 130,000 In sum, the use of snowmobiles cur- that snowmobiles can seriously damage miles of designated snowmobile trails rently prevents adequate protection of park resources. According to the Envi- in the United States, less than 1,000 of air and water quality for wildlife. Dam- ronmental Protection Agency, existing those miles are in national parks—to age is being done to national parks not scientific evidence ‘‘clearly and con- be exact, there are 600 miles. So this some time in the future but right now. vincingly demonstrates [that] current furor, and the offering of this amend- The unnecessary delay caused by this snowmobile use is adversely affecting ment, to eliminate this proposal to amendment would allow further dam- the natural . . . aesthetic . . . and sce- stop the air pollution of snowmobiles age to our parks. nic values’’ in Yellowstone. in national parks is really a red her- Congress should allow individual Air pollution: Yellowstone and sev- ring. There are other places you can parks that currently allow eral other national parks are recog- ride snowmobiles. In fact, you can ride snowmobiling to go through a public nized as Class I airsheds under the them over 129,000 miles in the United comment process to determine what Clean Air Act. The Park Service is re- States alone. We need not ride them course of action is appropriate. This quired by law to protect these areas this 600 miles in national parks. amendment would eliminate that. from any degradation. The presence of Appropriate access to national parks EPA agrees that the Park Service snowmobiles in the park makes that is important, but such access does not has the primary and immediate duty to task virtually impossible. include all forms of transportation at take action to protect parks from Air quality monitors at Yellow- all times. Protecting parks from air, snowmobile impacts. In comments on stone’s west entrance have found car- water, and noise pollution, for the en- the draft EIS for winter use at Yellow- bon monoxide levels that rival or ex- joyment of all Americans, should be stone, EPA said: ceed those found in major urban areas our No. 1 goal. We encourage the National Park Service to such as Denver and Los Angeles. I am very happy that the Senator take the steps necessary to protect human Snowmobiles account for up to 68 from Tennessee spoke earlier about health and the environment immediately percent of Yellowstone’s annual carbon how important national parks are. I rather than to depend on future regulations monoxide emissions and up to 90 per- agree with him. We are the envy of the of off-highway vehicle engines from EPA. cent of hydrocarbon emissions, even rest of the world with our national They are saying let’s not wait for us through automobiles out number them parks. to do it. The Park Service has an obli- 16 to 1. Yosemite, Great Basin National gation to do it right now. Postponing Water pollution: Every winter, snow- Park, Yellowstone National Park— Park Service action on the snowmobile mobiles spew unburned fuel into the these wonderful gems of nature, that issue is a delay tactic, pure and simple. snow in national parks and ultimately we are attempting to preserve, need to The amendment we are debating as- into their rivers and lakes. be preserved. sumes there is an inherent right of Contaminants released by snowmo- The amendment would prohibit the snowmobiles to run wild in the na- biles two-stroke engines include Park Service from doing its job to pro- tional parks, irrespective of their im- polycyclic aromatic hydrocarbons tect some of America’s most awe-in- pact on other users and the environ- (PAH) and methyl tertiary butyl ether. S7022 CONGRESSIONAL RECORD — SENATE July 17, 2000 PAHs in water are toxic to aquatic Minnesota, 14,000 miles of trails; and communities are uniformly opposed to life, and MTBE is an identified human Montana, over 2,500 miles of trails. the removal of snowmobiles because it health hazard How much snowmobile use is there in will destroy their winter economies. Noise pollution: The preservation of the national parks? Response: Scores of businesspeople in natural sounds is a major national There are 42 units of the National West Yellowstone, MT, the main win- park management objective, Park System that allow snowmobiles, ter gateway to Yellowstone, have A study of snowmobile noise inter- 28 of these parks are in the continental raised their voices in support of re- fered with visitors’ ability to hear nat- U.S. Over 175,000 snowmobiles use these moval of snowmobiles from the park. ural sounds at 12 out of 13 popular loca- 28 parks annually. The five parks with Several representatives of the commu- tions, including Morning Glory Pool, the most annual use are: Yellowstone, nity/business owner organization West Grand Prismatic Spring, and other des- 65,000 are 1.5 million registered snow- Yellowstone Citizens for a Healthy tinations. At Old Faithful, the world’s mobiles in the United States. Park traveled to Washington, D.C. this most famous geyser, snowmobile en- How will this affect individual na- spring to tell Congress that the health gines were the dominant sound 100 per- tional parks? of their local economy depends on the cent of the time. The National Park Service action health of Yellowstone National Park. Wildlife impacts: The NPS Biological DOES NOT immediately ban snow- Current snowmobile use in Yellow- Resources Division found that ‘‘snowmobile use in all national parks. Late stone creates numerous problems of mobile usage adversely affects wild- this summer, the Park Service plans to safety, noise and air pollution in gate- life.’’ release a proposed rule that will amend way communities. A change in winter Noise and the physical presence of its overall snowmobile regulation, 36 park transportation will allow for snowmobiles cause animals to alter CFR 2.18 and address each of the parks much-desired diversification of gate- their activity patterns, This behavioral that currently allow snowmobiles. This way economies. response is of concern because snow- proposed rule would modify or amend In relation to improved technology— mobile use occurs when food supplies those special regulations to bring Argument: The regulation of snowmo- are low and an animal’s ability to con- parks into compliance with the Execu- biles in national parks should be deserve energy may be critical to its sur- tive Orders, statutes, and regulations. layed until new snowmobile tech- vival. Public comments will be incorporated nologies are available. Heavily used snowmobile routes can before the rule is made final. Response: The EPA has explicitly For example, approximately 80 per- cut off winter migration paths used by told the Park Service not to wait for cent of existing snowmobile use at Pic- park wildlife. upcoming EPA regulations: ‘‘This tured Rocks National Lakeshore is ex- Conflicts with other park visitors: DEIS includes extensive analysis of the pected to continue. and at St. Croix Snowmobiles detract from other peo- effects from current winter use and National Scenic Riverway, an annual ple’s experience in the national parks. that analysis demonstrates significant ‘‘Winterfest’’ celebration that includes A 1996 visitor use study conducted in environmental and human health im- snowmobiles is expected to continue Yellowstone found many people who re- pacts. We encourage NPS to take the under a special use permit. steps necessary to protect human ported that encounters with snowmo- There are arguments by opponents of biles were the least enjoyable part of health and the environment imme- Park Service regulations. diately rather than to depend on future their park visit because of the noise, Argument: A snowcoach system in regulation of OHV engines from EPA.’’ pollution, and impact on wildlife view- Yellowstone would deny visitors access EPA comments on Draft EIS for Win- ing. to the park. How will restrictions on national ter Use Plans, Yellowstone and Grand Response: The snowcoach system Teton National Parks and John D. parks affect other recreational proposed by the Park Service for Yel- Rockefeller Jr. Memorial Parkway, Re- snowmobiling opportunities? lowstone and Grand Teton national According to the International Snow- gion 8 EPA, Denver, CO. parks will provide park visitors access EPA regulations will not address mobile Manufacturers Association to all of the areas currently open to noise emissions from snowmobiles and there are approximately 230,000 miles snowmobile visitors. may not require air emissions strin- of groomed and marked snowmobile The only access proposed to be lim- gent enough to protect park air qual- trails in North America, and about ited is that of backcountry ski and ity. 130,000 miles in the United States. This snowshoe visitors in off-trail areas of Compliance with park regulations does not include areas such as national critical winter wildlife habitat. and laws regarding wildlife, noise and forest roads that are open to snowmo- The snowcoach system will allow the visitor conflict will not be addressed by biles but not explicitly designated for same number, if not more, of visitors the development of snowmobiles with snowmobiles. In contrast, there are to enter the park each winter, while re- less air pollution. only about 600 miles of roads and wa- ducing the number of vehicles by 90% Less polluting snowmobiles would terways open to snowmobile in na- (assuming average capacities of one not address the mass transit needs of tional parks in the continental United person per snowmobile and the ten per the parks. Many parks are adopting States, and 300 of those miles are ex- snowcoach). mass transit using the cleanest, quiet- cluded from the NPS April 26 an- There is a tendency to confuse access est technologies available; this is also nouncement. Closing national parks with recreational use. Snowmobiles as the case in Yellowstone. Transpor- will not diminish recreation opportuni- currently used are a form of recreation. tation alternatives to the one-person, ties for snowmobiles, but it will help The parks have a duty to determine one vehicle model have been imple- reduce noise, pollution, and congestion the means of access to park attractions mented in Acadia and Denali, and will in Yellowstone and other parks. that cause the least damage to re- soon be in place in Grand Canyon, Zion Many states have thousands of miles sources. In no way is public access and Yosemite National Parks. The NPS of designated trails for snowmobilers being eroded, rather a recreational pur- should be a leader in promoting clean, to enjoy. Promotional material from suit is being eliminated due to its neg- quiet and affordable modes of group the state of Wyoming does not even ative impacts on park resources. A less transportation that are protective of mention Yellowstone National Park, damaging mode of transportation will the natural qualities of the parks. but does promise that ‘‘with over 2,200 be substituted to allow visitor access Recognizing that it is the vehicles, miles of snowmobile trails, you can ac- to the parks. not the people at the root of the prob- cess some of the most scenic back- Proposals to allow snowmobiles but lem, Yellowstone in winter is a natural country in the world.’’ (See attach- to cap their numbers would essentially place to look next for expansion of the ment #8) limit the numbers of winter visitors to alternative transportation program al- Snowmobile opportunities in other the park. People are not the problem in ready taking place in the Park System. States include: Colorado, over 3,000 the parks. Noisy, polluting machines In relation to the history of miles of trails; Idaho, over 7,200 miles are what’s needed to be limited. Snowmobiling in Yellowstone National of trails; Maine, over 12,000 miles of In relation to economic impacts—ar- Park, in 1963, the first snowmobile en- trails; Michigan, 5,800 miles of trails; gument: The Yellowstone gateway ters Yellowstone. In 1973–1974, 30,000 July 17, 2000 CONGRESSIONAL RECORD — SENATE S7023 snowmobiles enter Yellowstone. In 1972 does not intend to ban snowmobiles, If we do propose a rule containing these the National Park Service Regional Di- but will proceed with a rulemaking and elements, and if, following public comment, rector asked all parks to devise winter public comment period that will allow we finalize a rule along these lines, the net effect would be that some level of snow- use plans. Glacier National Park un- a full analysis of this issue and provide mobile use would continue in about 30 of the dertook such a review and noted the options for the controlled use of snow- 42 national parks where it is now allowed. Of variety of problems caused by mobiles in national parks. I look for- course, since the proposed rule will be sub- snowmobiling in the park including air ward to continuing to discuss this issue ject to public review and comment, we are and noise pollution, wildlife disturb- with my colleagues, the administra- likely to consider additional alternatives ance and conflicts with other park tion, representatives of environmental during this process and a different outcome users. For these reasons and because of groups and snowmobiling enthusiasts. could result. To summarize, the National Park Service strong public sentiment against dis- I ask unanimous consent that a let- has not made any final decisions on what rupting the quiet and beauty of Glacier ter from Secretary Babbitt be included changes to make in the snowmobile use that National Park with snowmobiles, the in the RECORD at this time. is allowed in national parks, and any deci- park decided to ban them. Yosemite, There being no objection, the letter sions we make will be made following public Sequoia/Kings Canyon, Lassen and oth- was ordered to be printed in the comment and in compliance with other re- ers followed suit. RECORD, as follows: quirements for agency rulemaking. I appreciate the opportunity to clarify this. Yellowstone, however, did not follow THE SECRETARY OF THE INTERIOR, Sincerely, the directive to assess the impact of Washington, July 17, 2000. BRUCE BABBITT. snowmobiles on park resources. Com- Hon. THOMAS A. DASCHLE, plaints from visitors and park rangers U.S. Senate, Washington, DC. Mr. BAUCUS. Mr. President, I would concerning air and noise pollution grew DEAR SENATOR DASCHLE: I am responding like to take a moment to comment on commonplace and the first studies doc- to your recent request for clarification of the the issue of snowmobiling in Yellow- umenting adverse impacts to wildlife status of National Park Service actions on stone. the use of snowmobiles in national parks. It is pretty clear to anyone who has from snowmobile use were completed. Since there have been some misperceptions visited Yellowstone during the winter Future superintendents of Yellowstone about what the Service has done, I appre- that changes need to be made to pro- allowed further expansion of ciate the opportunity to provide this clari- tect the park. I have met with folks on snowmobiling in the park despite ongo- fication. all sides of this issue, and I think that In response to a petition for a rulemaking, ing concerns about air and noise pollu- most people agree that the noise, air tion and wildlife impacts. Finally, in the National Park Service has reviewed the snowmobile use that is now allowed in 42 of pollution and wildlife impacts are un- the 1990s conditions in Yellowstone and acceptable and have to be addressed. Grand Teton grew so bad that the the 379 units of the national park system. That review, including a review by the Office Yellowstone is the engine for local parks were forced to take action. of the Solicitor of the Department, had led economies and is part of our national Mr. DASCHLE. Mr. President, I us to conclude that much of the snowmobile heritage. We owe it to our children and wanted to take a few minutes to dis- use that is now occurring is not consistent grandchildren to make sure that we cuss the rulemaking that has been pro- with the requirements of Executive Orders don’t harm the park and its wildlife. posed by the National Park Service to 11644 and 11898, issued by Presidents Nixon That having been said, I don’t think limit the use of snowmobiles in na- and Carter, and other legal requirements. we need an outright ban. I believe that tional parks. Accordingly, in April the Department and the Service announced that we would under- we can protect the park and its wildlife National parks are the crown jewels in other ways. Already, people have put of our nation’s system of public lands. take a new rulemaking to modify the existing system-wide general rule (36 CFR 2.18), forth a number of creative alternatives They harbor diverse wildlife, rare and and additional park-specific special rules, to to meet these goals, including limiting beautiful species of plants and spectac- bring them into compliance with the appli- the number of snowmobiles allowed in ular geological formations. In my cable legal requirements. We did not an- the park, requiring clean and quiet ma- home state of South Dakota, the Bad- nounce that any decision had been made, but chines, and using guided tours. lands National Park is home to a rich instead that we intend to initiate a rule- I think we need to explore all these making process. In that process, we will trove of ancient fossils and it provides alternatives and work together to important habitat for the black-tailed comply with all established requirements for rulemaking, including the requirements for strike a common-sense balance that prairie dog and black-footed ferret. best serves Yellowstone and Montana. I support the efforts of the National seeking and considering public comments. It is our current intent to publish by mid-Sep- A balance that protects the Park, the Park Service to ensure that these lands tember a proposed rule, for public comment, local economies and involves people on remain pristine so that future genera- to begin the formal process of making these all sides of this issue. tions of Americans can enjoy them. I changes. As my colleagues in this body know, also understand the strong desire of Until a new rulemaking is completed, the I am not in favor of legislating on ap- many snowmobilers to continue to existing rules on snowmobile use in the na- propriations bills. I am pleased that have wintertime access to these lands, tional parks remain in effect. We will seek public comment on a proposed the Senate has decided to not pursue where the activity has been enjoyed for that route for the time being. It is my many years. rule generally following the format of the existing rule, which prohibits snowmobile hope that the current administrative While snowmobiling does not cur- use in national parks except in certain in- process that is underway for Yellow- rently take place in national parks in stances. The draft rule has not yet been com- stone will produce an administrative South Dakota, there is a great deal of pleted, but, when finalized, it would not af- compromise that protects Yellowstone interest in this issue in the state and fect snowmobile use opportunities in na- National Park and provides for a broad support for appropriately managed ac- tional park system areas for the following range of visitor uses of the Park. cess to national parks. By carefully purposes: For access to private, or other non- The PRESIDING OFFICER. The Sen- federal property; for access across national managing the parks, I believe that we ator from Wyoming is recognized. can provide this access in a manner parks to reach private or other public lands that are open to snowmobiles use; where the AMENDMENT NO. 3800, WITHDRAWN that is sensitive to the needs of the en- roads through national parks are not under Mr. THOMAS. I thank the Senator vironment and to those who go to pub- federal jurisdiction; and as authorized in spe- from Montana and the other Members lic lands in search of solitude and cific national park enabling statutes (i.e., who have joined. quiet. with respect to national parks in Alaska and There is no one in this place who is a Today, Secretary Bruce Babbitt Voyaguers National Park). stronger supporter of national parks wrote me to describe in greater detail In addition, as a result of settlement of than I. I continue to support the na- how the National Park Service intends litigation, the National Park Service is in the final stages of preparing a Winter Use tional parks. Here is a chance to find to proceed in coming months. I believe some alternative ways to do that. that it is critical for the agency to re- Management Plan and EIS for Yellowstone and Grand Teton National Parks. The final I thank the chairman of the sub- view a variety of options for managing decisions on winter use have not been made committee for giving time. snowmobiles and to ensure a full oppor- there, but those decisions will determine fu- I do not intend to ask for a vote. tunity for public comment. According ture winter use management in these two Mr. GORTON. Is the Senator with- to the Secretary’s letter, the agency parks, including the use of snowmobiles. drawing the amendment? S7024 CONGRESSIONAL RECORD — SENATE July 17, 2000 Mr. THOMAS. I will withdraw the Service’s money losing timber program judgment, is a very prudent expendi- amendment. I intend to withdraw the and shift $15 million to needed fire ture of Federal dollars. amendment to try to find a mutual res- planning and preparedness activities. Unfortunately, notwithstanding this olution. Thee is a crucial need for increased assessment, the myth that commercial The PRESIDING OFFICER. Without fire planning on our National Forests. logging is the best method of fuels re- objection, the amendment is with- Our amendment responds to the find- duction is driving some of my col- drawn. ings of a recent internal Forest Service leagues to appropriate more funds for Mr. GORTON. I thank the Senator report that found that the agency was the timber program at the expense of from Wyoming for that gesture. I sup- violating its own National Fire Man- needed fire plans for national forests, port the cause to which he has spoken. agement Policy due to the lack of increased education for residents on If there is a way to get at least part of ‘‘Fire Management Plans’’ for each na- wildland boundaries, and on fire pre- that adopted, I will try to find it. tional forest. paredness activities. In fact, to the I express my appreciation to my The report indicated that fire man- contrary, it is widely recognized in the friend from Nevada to whom I made a agement planning has not been a pri- scientific community that past compromise about debating this amend- ority within the Forest Service, with mercial logging and associated road- ment earlier that I could not keep. He less than 5 percent of the National For- building activities are the prime cul- has been most understanding. ests having current, approved fire prits for the severity of many of our Mr. BRYAN. I appreciate the distin- plans. wildfires. guished leader’s comments. The Sen- The Federal Wildland Fire Manage- Commercial logging removes the ator from Washington has honored his ment Policy calls for ‘‘every area with least flammable portion of trees—their commitment because, as the Senator burnable vegetation [to] have an ap- main stems or trunks, while leaving knows, I had a previous commitment proved Fire Management Plan.’’ behind their most flammable por- earlier in the day. I thank the Senator The Wildland Fire program protects tions—their needles and limbs, directly for his accommodation. life, property, and natural resources on on the ground. Untreated logging slash As I understand the parliamentary the 192 million acres of National Forest can adversely affect fire behavior for status, I will need to seek unanimous System lands as well as an additional up to 30 years following the logging op- consent to set aside the pending 20 million acres of adjacent State and erations. amendment for the purpose of offering private lands that are protected According to the Sierra Nevada Eco- an amendment. through fee or reciprocal protection system Project report, issued in 1996 by The PRESIDING OFFICER. The Sen- agreements. the Federal Government, ator is correct. In my home state of Nevada, we have timber harvest, through its effects on forest Mr. BRYAN. I ask unanimous con- a multi-jurisdictional firefighting or- structure, local microclimate and fuel accu- sent that the pending amendment be ganization known as the Sierra Front, mulation, has increased fire severity more set aside. which is comprised of federal, state, than any other recent human activity. The PRESIDING OFFICER. Without and local fire management agencies. I In addition, a recent GAO report objection, the Senator is recognized. might say, parenthetically, in my expe- stated that: Mechanically removing fuels through com- AMENDMENT NO. 3883 rience both as a former Governor and mercial timber harvesting and other means Mr. BRYAN. Mr. President, I send an as a member of this body, the Sierra Front has done an extraordinary job in can also have adverse effects on wildlife amendment to the desk and ask for its habitat and water quality in many areas. Of- immediate consideration. terms of coordinating and preparing its ficials told GAO that, because of these ef- The PRESIDING OFFICER. The own activities and is relied upon by fects, a large-scale expansion of commercial clerk will report. local, State, as well as national forest timber harvesting alone for removing mate- The legislative clerk read as follows: administrators for a coordinated effort. rials would not be feasible. However, because There are similar organizations in the Forest Service relies on the timber pro- The Senator from Nevada [Mr. BRYAN], for gram for funding many of its other activi- himself, and Mr. FITZGERALD, proposes an other States, and all of these organiza- ties, including reducing fuels, it has often amendment numbered 3883. tions depend heavily on Federal fire preparedness funds for necessary train- used this program to address the wildfire Mr. BRYAN. Mr. President, I ask problem. The difficulty with such an ap- ing and organizational planning activi- unanimous consent reading of the proach, however, is that the lands with com- amendment be dispensed with. ties. mercially valuable timber are often not The PRESIDING OFFICER. Without The amendment we offer will provide those with the greatest wildfire hazards. objection, it is so ordered. an additional $15 million for the Forest Logging causes adverse changes in The amendment is as follows: Service to enhance its capability to forest composition—intensive thinning prevent, detect, or take prompt, effec- and clearcutting dry out soils and (Purpose: To reduce the Forest Service tim- tive, official suppression action on ber sale budget by $30,000,000 and increase leave behind debris that becomes tin- the wildland fire management budget by wildlife fires. der dry in open clearcuts. $15,000,000) There is a financial benefit, a cost- Congress should invest in proactive On page 164, line 19, strike ‘‘$1,233,824,000,’’ benefit analysis that needs to be con- fire planning and non-commercial haz- and insert ‘‘$1,203,824,000,’’. sidered. I bring my colleagues’ atten- ardous fuels reduction projects as the On page 164, line 23, strike ‘‘(16 U.S.C. tion to an internal Forest Service re- best means of avoiding the high costs 460l6a(i)):’’ and insert ‘‘(16 U.S.C. 460l6a(i)), of port issued earlier this year entitled to taxpayers, damage to ecosystems, which $220,844,000 shall be available for forest ‘‘Policy implications of large fire man- and risk to firefighters from reactive, products:’’. agement, the strategic assessment of On page 165, beginning on line 6, strike unplanned, emergency fire suppression factors influencing the cost.’’ I think actions. ‘‘Provided’’ and all that follows through ‘‘ac- our colleagues will be interested to complishment:’’ on lines 11 and 12. This bill contains $250 million for the On page 165, line 25, strike ‘‘$618,500,000, to know that this report concludes that administration of the timber sale pro- remain available until expended:’’ and insert estimates have shown that for every gram, which is more than $30 million ‘‘$633,500,000, to remain available until ex- dollar of appropriated preparedness above the Administration’s budget re- pended, of which $419,593,000 shall be avail- dollars received, there is a savings of $5 quest. able for preparedness and fire use func- to $7 in fire suppression and emergency These expenditures for a money los- tions:’’. rehabilitation funds spent. ing timber program are an enormous Mr. BRYAN. Mr. President, today I The point that needs to be made is, a drain on the Treasury. am offering an amendment with my little fire management planning goes a In their most recent Forest Manage- colleague from Illinois that is a win- long way to reduce and to minimize the ment Program Annual Report, July, win for the American taxpayer and for overall impact when fire comes because 1998, the Forest Service admits to los- those communities that reside near our of the training, the planning, and the ing $88.6 million from their timber pro- National Forests. preparedness activities that go on as a gram in FY97. The Bryan-Fitzgerald amendment result of that. That is a dollar savings This was the second consecutive year will cut $30 million from the Forest to the American taxpayer and, in my that the Forest Service reported a loss. July 17, 2000 CONGRESSIONAL RECORD — SENATE S7025 In addition to the reported loss, the Last week, we passed Senator PETE timber jobs, almost a two-thirds reduc- $88.6 million figure excludes a full ac- DOMENICI’s bill for which the Senator tion in overall employment that is in counting of all costs associated with from Nevada voted. We put $240 mil- direct correspondence, in part, to the logging. lion, not $30 million—$240 million in a amount of logging that goes on. In past fiscal years, independent fuel reduction program. In fact, the Since the Clinton administration has analyses estimate the loss from below- Forest Service says it funds entirely, come to Washington, its timber poli- cost timber sales are far greater than Senator BRYAN, all that they can do. It cies have reduced logging on our na- those reported by the Forest Service. even provides additional money for tional forests by over 80 percent na- The General Accounting Office esti- planning. So, really, the fire issue tionwide—an 80-percent reduction na- mated that the timber program cost should be set aside in your debate, tionwide in overall logging. taxpayers at least $2 billion from 1922 based on the actions of the Senate last What does that mean on a State-by- to 1997, and in recent testimony they week. I think what the Senate did last State basis? Let me give an example of indicated that ‘‘[t]he Forest Service is week is responsible, to put that kind of what it means in at least three States. still years away from providing the money into fuel reduction, especially It does not mean much in the State of Congress and the public with a clear in the urban interface and in those Nevada. They do not have trees to log, understanding of what is being accom- areas of the kind we saw at Los Ala- except in very limited ways. This is plished with taxpayer dollars.’’ mos, in New Mexico, where we saw what it means in the State of Wash- Our amendment would reduce fund- hundreds of homes go up in smoke as a ington from 1989 to present: It means 55 ing for the Forest Service’s timber pro- result of bad policy and bad manage- mills closed and 3,285 primary mill gram by $30 million to the level re- ment on the part of this administra- jobs. That is what that kind of policy quested by the Administration. tion coming together. means. In my State of Idaho, 13 mills In spite of the fact that our National What are we talking about, then, if closed, 1,083 people. In the State of Or- Forest supply a mere 4% of our na- the fire issue has been dealt with ap- egon, 111 mills closed and 11,600 people. tion’s annual timber harvest, this bill propriately by this Senate? If what we That is even after the President’s new continues to reflect the dominance of are talking about is the existing tim- plan. the timber program at the expense of ber program that obviously the Sen- Remember, when he came to office, other programs designed to improve ator from Nevada opposes, as do many he held a big timber summit in Oregon: forest health and enhance the public’s environmental groups that he finds Save the trees and save the jobs. They enjoyment of our national forest. himself here on the floor today rep- have not been able to produce the jobs. Over 380,000 miles of roads criss-cross resenting, then the fire issue I think is In fact, they had to backtrack and even the national forests—that is over eight relatively moot. So let’s talk about the back away from their own policy be- times the distance of the Federal Inter- timber sale program. cause of the pressure from environ- state Highway System—and, in addi- What the Senator from Nevada is mental groups. They were unwilling to tion, there are an additional 40,000 doing when he talks about it being a support their own policy. The Senator miles of univentoried roads. money loser is he is taking money out from Nevada is now on the floor trying The Forest Service estimates that of a program from a portion of the pro- to argue for a major reduction in that over 80% of these roads are not main- gram that really is the money maker. policy. tained to public safety and environ- So he is fulfilling a prophesy of argu- In the State of California, 46 mills mental standards. ment that somehow this will continue and 4,427 jobs. It will not affect Nevada. As a matter of public policy, I would to be a money loser, and most as- They do not cut trees there, or cut very argue that it makes more sense to suredly it will be if you take money few. maintain the roads we already have from that kind of program. I have worked with the Senator from than to spend money building new Let me talk about the program for a Nevada on an area that I think is tre- roads we don’t need for a logging pro- few moments, where it is as a part of mendously important. The Committee gram that costs taxpayers millions of an overall forest policy in our Nation, on Energy and Natural Resources just dollars each year. and why it is important we keep some reported out S. 1925, the Lake Tahoe I urge my colleagues to support the approach to a timber program, whether Restoration Act. The Senator from Ne- Bryan-Fitzgerald amendment to cut it is for green sales to supply dimen- vada and his colleague have been ex- wasteful subsidies for the commercial sional timber to the housing industry tremely concerned about the health of timber industry and to enhance the of our Nation, or whether it is for the the forest in the Greater Tahoe Basin, Forest Service’s ability to combat the purpose of thinning and reducing the and he should be. That forest is an devastating wildfires confronting many overall burden of the number of trees overmature, climax forest. In other of our communities in the West. within a stand of timber, therefore in- words, it is beyond the point of healthy I yield the floor. creasing the viability of forest health adulthood. Trees are dying; trees are The PRESIDING OFFICER. The dis- in our Nation’s forests. too thick. There is an urban interface tinguished Senator from Idaho is rec- Those 39 million acres of timberland with beautiful big recreational homes ognized. that are in critical condition today built amongst the stands of timber. Mr. CRAIG. Mr. President, I have across our Nation are, in fact, a result They have a silviculture problem with been listening with great interest for of the overstocking of these acreages. the potential of massive wildfires in the last several minutes as the Senator Some 400-plus trees per acre now exist the Tahoe Basin, losing those beautiful from Nevada made his presentation in on land that 100 years ago, long before homes, and creating a catastrophic en- relation to an amendment to take $30 man was out there logging them, had vironmental situation that could badly million out of the timber program. He only 60 trees per acre. damage the beautiful Lake Tahoe has given the reason that we have a As a result, we need a concentrated itself. catastrophic situation in the West program of management for fuels re- The Senator from Nevada has a prob- today—some 39 million acres of our duction for fire, but I also think we can lem. He has a bill that authorizes work public timbered lands are in a critical reasonably argue that we can take to be done in the basin, but he has no situation as it relates to stand-altering some of those trees out for timber, log- money. What he is doing tonight is cut- fires, and we ought to do better plan- ging, home building, purposes for the ting out of one of the budgets of the ning. Therefore, we ought to take the Nation’s economy. Forest Service, some of the very money money out to do better planning so we Let me give an example of where we that will go to restore Lake Tahoe and could circumvent this situation. And, are with the industry at this moment the Tahoe Basin. I am not quite sure he oh, by the way, logging exacerbates and why I think it is important we dis- can get it both ways. that problem by leaving some slash on cuss it. I have worked with the Senator from the ground. On this first chart, it shows in 1989 Nevada to try to assure the Tahoe The argument of the Senator might there were about 150,000 jobs in the Basin restoration program will go for- have some modicum of validity if we timber industry nationwide. In 1997, ward and that we will have adequate had not done what we did last week. that had been reduced to about 55,000 moneys to begin to do the kinds of S7026 CONGRESSIONAL RECORD — SENATE July 17, 2000 silviculture programs, the thinnings ment, not now and not for the near fu- which the Senator from Nevada sup- and the necessary efforts, that will cre- ture. ports is cost effective; that is, it saves ate a higher level of forest health in What is at stake is the very jobs that taxpayers dollars. It is a savings. The the Tahoe Basin. We cannot do it to- produce the dimensional lumber that argument that the Senator from Idaho night because the Senator from Nevada comes to the markets that builds the made refers to a program that has cost is cutting $30 million to the detriment homes of America. It is right and rea- taxpayers, between 1992 and 1997, $2 bil- of his own program. sonable to assume that some of it lion. We are subsidizing them. I do not I suggest when he was approached by ought to come from the forests of think that is a particularly good value. the environmental groups to do this Idaho, Oregon, Washington, and Cali- But even though I might not think it amendment that was not a factor, but fornia. is a particularly good value, I have not what is a factor is that the Senator I hope the Senator, recognizing that sought to eliminate that program. from Nevada has not had money appro- this whole issue has shifted pretty dra- That program would be funded, if the priated for his project. He will hand it matically in the last 72 hours, will rec- Bryan-Fitzgerald amendment were of- over to the Forest Service at large. It ognize that his amendment no longer fered, for $220 million. That is what the is a bill that will authorize the Forest has carrying with it the validity that President recommended. Service to move in that area, and he is his argument might have had just last So what we are simply trying to do is even cutting the budgets of the Forest week. to reprogram some of that money into Service, or attempting to as we speak. Mr. President, $240 million later, this an area that would be cost effective, in That is frustrating. It is extremely Congress, in a responsible fashion, has terms of planning and preparedness— frustrating to this Senator who has addressed the catastrophic fire situa- something that all of the agencies that worked very closely with the Senator tion that might now exist in our public interface with the urban, forest, local, from Nevada to assure that his Tahoe lands and are willing to deal with it. State, and Federal support and favor— Basin project is authorized because it Those are the issues at hand that are and simply reduce, by the amount of is necessary and it is appropriate. so very important to all of us. $30 million, the amount that would go Last week, the Senator from Nevada Lastly, the very money the Senator into a timber harvest program that has joined with us to put over $240 million will eliminate from the projects and been found, by the GAO, and other in- into a fire reduction program and a from the programs—here is a letter ternal reports, to be cost ineffective in program to allow the Forest Service to from the Society of American For- a substantial subsidy. study even greater amounts of fire sup- esters saying that the fire in Los Ala- So the issue is not, as my colleague pression by reduction of the fuel load- mos that cost us 235 homes clearly from Idaho suggested, whether you ing on our national forest floors. demonstrates that if we had been al- favor timber harvest in the national Yet today he comes back with that lowed to have used the stewardship forests—that is not the issue we are de- argument. Let me suggest this argu- timber sales programs that, in part, bating today; maybe he wants to make ment is for one purpose and one pur- the Senator’s amendment will now that the issue—but the question of pose only, and his amendment will deny us, we could have reduced the fuel where you allocate the funds. serve for one purpose and one purpose loading and, in many instances, we Mr. CRAIG. Will the Senator yield? only. We find it right here in a letter might have saved those homes. That is Mr. BRYAN. I will yield. from the United Brotherhood of Car- exactly what we are trying to deal with Mr. CRAIG. We checked with the penters and Joiners of America. This here. Forest Service when we prepared the labor union—men and women who I hope my colleagues will vote with Forest Service budget, and their pre- work for the forest products indus- me in voting down the Bryan amend- paredness program has been fully budg- tries—says: ment. There is no basis for the argu- eted for the year. They told us that it The Bryan amendment places thousands of ments that are placed today that relate was adequate to meet their needs, and forest product jobs at risk and jeopardizes to the amendment itself. I yield the the current needs. the social and economic stability of rural floor. Does the Senator know otherwise? communities. The PRESIDING OFFICER. The Sen- Mr. BRYAN. The Senator from Ne- You are darned right it does. In the ator from Nevada. vada believes it is not adequate. In- rural communities of Idaho, Oregon, Mr. BRYAN. Mr. President, I will be deed, I think the amount of money and Washington that still have mill very brief. I must say I have difficulty that has been—— jobs, that still ought to be cutting following the arguments of my friend Mr. CRAIG. Even though the chief trees. We have 13 and 14 percent unem- from Idaho. First, I have no objection and his budget people say it is? I see. ployment, and this will drive the un- to—in fact, I am very supportive of it— That is what we understood. Does the employment up even further. the amendment offered by Senator Senator now have information from No, those communities are not reap- DOMENICI last week. That has to do the Forest Service that says otherwise? ing the benefit of the current full em- with hazardous fuels reduction, $120 Mr. BRYAN. If the Senator follows ployment economy. The mills on the million going to the Forest Service, that line of reasoning, would he not eastern side of Washington are not $120 million going to BLM. I am for agree the same managers will tell you reaping the benefit of the high-tech that. that $220 million is adequate for the jobs of western Washington. The mills As the Senator knows, that is a sepa- timber harvest program, would the in north Idaho are not reaping the ben- rate budget category entirely than the Senator agree with that? efits of the high-tech jobs of south issue of the Bryan-Fitzgerald amend- Mr. CRAIG. No, not at all, because Idaho, and so on. ment. That is a subcategory of fire op- what we did with the $220 million—— What we have attempted to do with erations. What we are talking about is Mr. BRYAN. Did they argue for reasonably consistent and environ- preparedness money, a totally different more? mentally sound policy is to ensure a concept. Mr. CRAIG. Are you talking about balance. The Senator from Nevada de- The issue is not whether Lake Tahoe timber harvest or the fuel reduction nies us that balance by refusing to could be harmed. Lake Tahoe does not program? allow the Forest Service to have the have a commercial harvest timber pro- Mr. BRYAN. The program that is very tools necessary to properly man- gram as such. It is minimal. We are called timber harvest. age the current timber program. talking about the money that is nec- Mr. CRAIG. I am quite sure they This is not about new roads. There is essary to do the hazardous fuels reduc- would say that it is funded adequately a road moratorium. The Senator from tion. The Senator from Nevada is very because this administration does not Nevada knows that. The environmental supportive of that. The Senator from want to cut trees commercially. community last week claimed a major Nevada wants to see more money set Mr. BRYAN. You can’t have it both victory with the President’s new aside for preparedness and planning ways. roadless area initiative. The Senator which is cost effective. Mr. CRAIG. Yes, we can, because I knows there is not going to be any new Let me, by way of an additional com- am giving categorical facts that the roads built. So roads are not the argument, point out that the program President’s chief of the Forest Service July 17, 2000 CONGRESSIONAL RECORD — SENATE S7027 said the preparedness program was transfer of unobligated balances of funds pre- This burdensome situation was fully funded. That is all I am saying. viously appropriated under the heading caused by high crude oil prices, result- Mr. BRYAN. I would say to the Sen- ‘‘NAVAL PETROLEUM AND OIL SHALE RE- ing from low crude oil supplies and low ator from Idaho, I thought we were all SERVES’’, and of which $8,000,000 shall be available for maintenance of a Northeast stocks of home heating oil converging Americans, and these positions did not Home Heating Oil Reserve.’’. with a downward turn in the weather represent a particular party; they rep- On page 225, between lines 11 and 12, insert that led to these price shocks that so resent the entire country. The national the following: disrupted the Northeast. forests belong not to Democrats or Re- SEC. 3. STRATEGIC PETROLEUM RESERVE PLAN. There were a series of meetings and publicans. (a) IN GENERAL.—For purposes of Amend- ment No. 6 to the Strategic Petroleum Re- much concern last winter. I think one Mr. CRAIG. Now, the chief is a polit- of the best ideas that emerged was to ical appointee. serve Plan transmitted by the Secretary of Energy on July 10, 2000, under section 154 of build on the strategic crude oil reserve Will the Senator yield for another the Energy Policy and Conservation Act (42 that we have and to create a regional question? U.S.C. 6234), the Secretary may draw down Northeast home heating oil reserve in Mr. BRYAN. I would yield for one product from the Regional Distillate Reserve which the Government would possess more question. only on a finding by the President that there home heating oil, which at times of cri- Mr. CRAIG. In the Tahoe Basin Res- is a severe energy supply interruption. (b) SEVERE ENERGY SUPPLY INTERRUP- sis could be moved out into the market toration Program, that is near and to increase supply and therefore reduce dear to the Senator—and it is to me; it TION.— (1) IN GENERAL.—For the purposes of sub- price. is a beautiful part of our country. section (a), a severe energy supply interrup- Mr. BRYAN. It is indeed. I recall that one of the places that tion shall be deemed to exist if the President this idea was discussed was at a bipar- Mr. CRAIG. Where trees must be re- determines that— moved—merchantable timber—there (A) a severe increase in the price of middle tisan meeting of Members of Congress are areas where thinning is clearly nec- distillate oil has resulted from an energy from the Northeast with the President essary and so proscribed under the act. supply interruption; or at the White House. He said he would Mr. BRYAN. The Senator from Ne- (B)(i) a circumstance other than that de- take this under advisement. In fact, vada would agree with that. scribed in subparagraph (A) exists that con- President Clinton did act to create a Mr. CRAIG. Those would be under the stitutes a regional supply shortage of signifi- Northeast home heating oil reserve cant scope or duration; and commercial logging program because earlier this month, pursuant to his (ii) action taken under this section would congressionally authorized authority they could be done for less money and assist directly and significantly in reducing more efficiently. And that is the point the adverse impact of the supply shortage. under the Energy Policy and Conserva- of my argument, I say to the Senator. (2) SEVERE INCREASE IN THE PRICE OF MID- tion Act. That is the program you are cutting. DLE DISTILLATE OIL.—For the purposes of This amendment, which Senators Mr. BRYAN. I am not sure I would paragraph (1)(A), a severe increase in the DODD and LEAHY and I offer, would ap- agree with the Senator from Idaho. price of middle distillate oil’’ shall be propriate $4 million to maintain the Clearly, the hazardous fuels reduction deemed to have occurred if— Northeast heating oil reserve that the (A) the price differential between crude oil program, in which we have provided, as and residential No. 2 heating oil in the President has now created. The Presi- you pointed out, 120 million additional Northeast, as determined by the Energy In- dent has directed that the reserve be dollars, would be the program that formation Administration, increases by— filled with home heating oil by con- would address that issue, in my judg- (i) more than 15 percent over a 2-week pe- ducting oil exchanges with the Stra- ment. riod; tegic Petroleum Reserve. Therefore, I know other colleagues need to (ii) more than 25 percent over a 4-week pe- there is no initial cost of filling the re- speak. riod; or serve. (iii) more than 60 percent over its 5-year Mr. CRAIG. We yield the floor. However, the funding that is made Mr. NICKLES. Mr. President, I know seasonally adjusted rolling average; and (B) the price differential continues to in- possible by this amendment is critical my colleague from Connecticut has an crease during the most recent week for for maintaining the reserve. The re- amendment, so I will defer to him. which price information is available. serve itself is an integral piece of en- The PRESIDING OFFICER. The dis- Mr. LIEBERMAN. Mr. President, I suring that if we do encounter exorbi- tinguished Senator from Connecticut is rise to offer an amendment along with tant prices and short supplies again recognized. my colleague from Connecticut, Sen- this winter, we will be able to count on Mr. LIEBERMAN. I thank the ex- ator DODD, and Senator LEAHY of our own publicly owned reserves of tremely distinguished occupant of the Vermont. I ask unanimous consent heating oil to get us through the crisis. chair. I also thank my friend from Senators DODD and LEAHY be added as In fact, the following Energy Infor- Oklahoma. I will try to respond to his cosponsors to the amendment. graciousness by being brief. mation Agency report, unfortunately, The PRESIDING OFFICER. Without indicates that the industry at the cur- AMENDMENT NO. 3811 objection, it is so ordered. rent time is way below the desirable Mr. LIEBERMAN. Mr. President, I Mr. LIEBERMAN. Mr. President, we level of building up inventories of call up amendment No. 3811, which I think this amendment is critical for home heating oil, which means that if filed at the desk. the energy security of the North- this continues as we head toward the The PRESIDING OFFICER. Without eastern United States. Last winter, in winter and the weather turns cold, peo- objection, the pending amendment is the Northeast, we were really whacked ple in our region of the country are set aside. by oil market whims, as we saw the going to be suffering economically and The clerk will report the amendment. prices of home heating oil soar, and we physically. So that is the intention of The bill clerk read as follows: hovered dangerously close to heating offering this amendment. The Senator from Connecticut [Mr. oil supply shortages. LIEBERMAN] proposes an amendment num- In New England, the price of home I do want to indicate that I am exer- bered 3811. heating oil rose from an average of cising my prerogative as sponsor of the Mr. LIEBERMAN. I ask unanimous $1.18 a gallon to about $1.79 a gallon in amendment to modify the amendment consent that reading of the amendment just 3 weeks’ time. by striking the section of the amend- be dispensed with. Some residents of my State were ac- ment that begins on line 8 on the first The PRESIDING OFFICER. Without tually paying over $2 for a gallon of page, and ends at the end of the docu- objection, it is so ordered. heating oil, which meant they were ment. This section describes an appro- The amendment is as follows: spending almost $500—some of them— priate trigger mechanism for releasing (Purpose: To provide funding for mainte- to fill their tanks. Of course, lower in- the home heating oil reserve. In addi- nance of a Northeast Home Heating Oil Re- come residents and fixed-income resi- tion, I want to change the amount of serve, with an offset) dents, including thousands of elderly, funding requested from $8 million to $4 On page 183, strike line 15 and insert were faced with the tough choice of million. Finally, I would like to specify ‘‘$165,000,000, to remain available until ex- buying heating oil for their homes or that the offset for these funds would pended, of which $8,000,000 shall be derived by food for their tables. come from unobligated funds from the S7028 CONGRESSIONAL RECORD — SENATE July 17, 2000 Strategic Petroleum Reserve petro- tion in 1996, when prices of heating oil More than 80,000 jobs have been lost leum account in the amount of $3 mil- soared. and a 1999 General Accounting Office lion, and $1 million from the Naval Pe- I want to offer my amendment to en- study reported that over forty million troleum Reserve and oil shale reserves. sure that this type of problem does not acres of National Forest system lands AMENDMENT NO. 3811, AS MODIFIED happen again. My amendment would are at risk of catastrophic wildfire. An- Mr. President, I send to the desk, appropriate four million dollars to other twenty-six million acres are at therefore, a copy of the amendment as maintain the Northeast heating oil re- risk from insects and disease. The re- it emerges after the modifications that serve that the President has created. cent fires in New Mexico and in other I have just announced, which is effec- The President has directed that the re- states provide alarming evidence of the tively a $4 million appropriation for serve be filled with home heating oil by impact of increased fuel loads in our this regional reserve the President has conducting oil exchanges with the forests. Already this year, more than created. Strategic Petroleum Reserve. There- four-and-a-half million acres have The PRESIDING OFFICER. Is there fore, there is no initial cost to filling burned. Active management is vital to objection to the modification? the reserve. However, this funding is forest health, and it is irresponsible for Without objection, it is so modified. critical for maintaining the reserve. the federal government to reduce the The amendment, as modified, is as The reserve itself is an integral piece management options available to local follows: to ensuring that if we do encounter ex- forest managers who best know how to On page 183, strike line 15 and insert orbitant prices and short supplies deal with their specific situations. ‘‘$165,000,000, to remain available until ex- again, we will be able to count on our It is confounding that additional cuts pended, of which $3,000,000 shall be derived by own reserves of heating oil to get us in the federal timber sale program are transfer of unobligated balances of funds pre- through the crisis. being considered at a time when the in- viously appropriated under the heading I would like to exercise my preroga- dustry and those working men and ‘‘STRATEGIC PETROLEUM RESERVES tive to modify my amendment by women who depend on it has already PETROLEUM ACCOUNT’’, and of which striking the section of the amendment been crippled by deep cuts and our for- $1,000,000 shall be derived by transfer of un- that begins on line 8 on the first page obligated balances of funds previously appro- ests are suffering from lack of active priated under the heading ‘‘NAVAL PETRO- and ends at the end of the document— management that includes responsible LEUM AND OIL SHALE RESERVES’’, and this section describes an appropriate timber harvest. Since the early 1990s, of which $4,000,000 shall be available for trigger mechanism for releasing home the timber program has been reduced maintenance of a Northeast Home Heating heating oil from the regional reserve. by 70 percent and more than 75 percent Oil Reserve.’’. In addition, I would like to change the of the National Forest system is off- Mr. LIEBERMAN. Mr. President, I amount of funding requested from limits to timber harvest. The federal rise today to offer an amendment to eight million dollars to four million timber supply has dropped from twelve the Interior appropriations bill that I dollars. Finally, I would like to specify billion board-feet harvested to three think is critical for the energy security that the offset for these funds will billion board-feet harvested annually. of the Northeastern United States. My come from unobligated funds from the This amendment would jeopardize amendment would fund the Northeast Strategic Petroleum Reserve Petro- 55,000 jobs and $2 billion in employment Home Heating Oil Reserve, which was leum Account in the amount of three income, mostly in rural areas. In addi- created by the President on Monday, million dollars and from the Naval Pe- tion, national forests have 50 percent of July 10. The President created this re- troleum and Oil Shale Reserves in the our nation’s softwood growing stock, serve under his Congressionally au- amount of one million dollars. which is used for home construction. Senator DODD joins me in offering thorized authority under the Energy New reductions in the availability of this amendment. Policy and Conservation Act. this supply will hurt housing prices. The Northeast region of the country I thank the Chair and yield the floor. The PRESIDING OFFICER (Mr. L. In my home State of Idaho, small, is heavily dependent upon home heat- rural communities continue to suffer CHAFEE). The Senator from Wash- ing oil—instead of natural gas, as is ington. devastating reductions in Forest Serv- the case in much of the rest of the Mr. GORTON. Mr. President, I thank ice Payments-to-states funds from tim- country—for heating homes and other the Senator from Connecticut for his ber sales. In rural Idaho and America, buildings during cold months of the explanation and for the modifications schools are going without needed ren- year. As heating oil is refined from which have at least brought this ovation, county governments are crude oil that is produced both domes- amendment within the parameters of struggling, and basic services are al- tically and abroad, the price of heating the bill itself. I must say, without ready being jeopardized by steep reduc- oil is subject to the same market going into it, I think there are several tions in federal timber harvest in re- whims that we have seen and continue serious policy questions about this cent years. This amendment would fur- to see in gasoline and other petroleum amendment, but more than that I ther reduce payments to rural counties products. The difference, however, is think it needs to be resolved in the by $7 million and returns to the treas- that when a family runs out of heating context of a reauthorization of the En- ury by $30 million. oil, they literally run out of heat. This ergy Policy and Conservation Act. I While some will claim that recre- is a dangerous situation in the North- understand the Senator from Con- ation receipts can replace timber re- east, where people may face days at a necticut is working with the chairman ceipts, this simply is not true in Idaho. time of icy-cold weather. of the committee on that, and so we Eight counties in Idaho derive more This part winter in the Northeast, we can defer our final decision until to- than 20 percent of their employment got a taste of market whims as we saw morrow. activity from the primary timber in- the prices of home heating oil soar, and Mr. CRAPO. Mr. President, I rise dustry. There are only two counties in as we hovered dangerously close to today in opposition to an amendment Idaho that have more than a 5 percent heating oil supply shortages. The price that would make drastic cuts to the dependence on the recreation industry. of home heating oil rose from an aver- timber program. This amendment is also age in New England of $1.18 per gallon While we have heard a lot of rhetoric counterintuitive from an environ- to about $1.79 per gallon in three regarding the timber program, it is im- mental perspective. Active forest man- weeks. Some residents were paying portant to understand the context agement, including thinning and other over $2.00 for a gallon of heating oil. within which these cuts to the timber timber harvest, has widely acknowl- Lower-income residents were faced sale and road construction programs edge benefits. In fact, most timber with buying heat for their homes are being considered. Federal timber sales are currently designed to attain versus food for their tables. In this in- sales are in a steep and devastating de- other stewardship objectives. Interest- stance, we saw high crude oil prices cline. Forest health is increasingly at ingly enough, it is the sales that have and low stocks of heating oil converge risk from fire, insects and disease. been planned to focus on stewardship with extremely cold weather, leading Both the economic and ecological objectives that have been criticized as to the price shocks that so disrupted contexts created by this reduction are below cost. Timber sales are the most the Northeast. We saw a similar situa- undesirable. economical, efficient, and effective July 17, 2000 CONGRESSIONAL RECORD — SENATE S7029 method available to local resource conditions, however, do not exist in June 8, 1906 (16 U.S.C. 431 et seq.) after July managers to treat and control many Western forests, nor will they exist 17, 2000, except by Act of Congress. insect epidemics. These harvests con- until our forest managers are allowed Mr. NICKLES. Mr. President, this tribute greatly to reducing the risk of to thin out the forests and remove the amendment basically says: Notwith- catastrophic wildfire and promoting di- dense undergrowth and some of the in- standing any other provision of law, no verse stands. creasingly taller layers of trees that funds shall be used to establish or ex- Each year, the National Forest sys- create the deadly fuel ladders that feed pand a national monument under the tem grows 23 billion board-feet. Six bil- catastrophic fires. act of June 8, 1906, the Antiquities Act, lion board-feet die naturally. Only 3 I am also deeply concerned about the after July 17, 2000, except by an Act of billion board-feet are harvested annu- impact this amendment could have on Congress. ally. Tree growth in the National For- rural economies. The United States is What I am trying to do is to make est system exceeds harvest by 600 per- importing more and more wood every sure we don’t have additional national cent. There is no need, environmental year as a result of declines in federal monuments declared by this adminis- or otherwise, to further cripple this im- timber sales. This means that the tration without some congressional portant program. I urge my colleagues American lumber market is being fed input. to vote against this amendment and for by highly-subsidized timber that was I will insert a copy of the Antiquities the health of rural economies and the produced under conditions that do not Act for the RECORD. It was passed in forests within the National Forest sys- meet our Nation’s high environmental 1906. The Antiquities Act states: tem. standards. As a result, not only do we The President of the United States is au- Mr. ENZI. Mr. President, I rise in op- thorized, in his discretion, to declare by pub- loose the environmental benefits that lic proclamation historic landmarks, his- position to the amendment introduced federal timber sales can produce, but toric and prehistoric structures, and other by the Senator from Nevada, Senator we are feeling negative social and eco- objects of historic or scientific interest that BRYAN, that would cut funding for the nomic effects as America jobs are lost are situated upon the lands owned or con- United States Forest Service’s Timber and moved offshore. The brunt of these trolled by the Government of the United Sale program. Our Nation is experi- losses are felt most keenly in rural States to be national monuments, and may encing a renaissance in Forest Health areas, where forest products jobs are reserve as a part thereof parcels of land, the initiatives. The terrible tragedies suf- concentrated. limits of which in all cases shall be confined fered in New Mexico earlier this sum- to the smallest area compatible with the In closing, Mr. President, I would proper care and management of the objects mer have awakened our understanding like to add that the Federal Timber to be protected. of the current state of our forests. Sale Program is not a subsidy for the That is the Antiquities Act. These forests, that traditionally forest products industry. Federal tim- This administration, particularly housed wildlife and produced valuable ber contractors do not receive any spe- this year, has added millions of acres resources used in building our Nation, cial benefit, nor do they pay less under the designation of national have become deadly fire time bombs. money for the timber they harvest on monuments without congressional au- The Forest Service itself has reported federal lands. Federal timber is sold by thorization or approval, without con- that more than 40 million acres of our means of a competitive bid system. As sent of Governors, without consent of National Forest System are at high a result, these auction sales are the local entities. I am saying there is an- risk of destruction by catastrophic most likely of any type of commercial other process. I happen to serve on the wildfire and an additional 23 million transaction to generate the returns Energy Committee with Chairman acres are at risk from insects and dis- that meet or exceed market value. Be- MURKOWSKI and others. We pass land ease. And yet, at a time when national cause timber sales are designed to gen- bills all the time. I urge the President, awareness is up, and we have an in- erate market value prices, we therefore if he wants to pass or declare some- creased commitment to improve forest must conclude that there is no subsidy. thing a national monument, send it to health, there are still those critics who Furthermore, the forest products in- Congress. We are happy to look at it. would remove the Forest Service’s sin- dustry has consistently demonstrated We are happy to pass it. This is a com- gle most effective tool for restoring that the benefits gained by the public mittee that works in a bipartisan fash- forest health. through the Federal timber sale pro- ion. We pass land bills all the time. The use of modern silviculture prac- gram far outweigh the costs to the This week we are supposed to mark up tices in regards to Federal timber sales Federal treasury. I therefore urge my 17. We do that in a bipartisan fashion. are designed to accomplish a number of colleagues to oppose Senator BRYAN’s I also will include for the RECORD a goals and objectives in regards to for- amendment and to support our Na- comparison of lands that have been est management. And they do so in a tional Forest and rural communities. added as national monuments during way that provides jobs for local com- AMENDMENT NO. 3884 all the Presidents. munities, and money for rural schools Mr. NICKLES. Mr. President, I ask This Antiquities Act passed under and counties. We have also just begun unanimous consent to set aside the Theodore Roosevelt in 1906. It is inter- to realize the value that a well-depending amendment, and I send an esting to note, Theodore Roosevelt, signed and carefully conducted timber amendment to the desk. who was quite the conservationist, sale can have on things like water The PRESIDING OFFICER. Without made some very significant additions quality and the future of a healthy objection, the clerk will report. to the national monuments, the total water table. The assistant legislative clerk read acreage of which was 1.5 million acres. The city of Denver had to learn this as follows: President Clinton has done more than the hard way. Several years ago a fire The Senator from Oklahoma [Mr. NICKLES] that this year alone. As a matter of swept through the city’s watershed and proposes an amendment numbered 3884. fact, President Clinton has already des- turned the surrounding ecosystem into Mr. NICKLES. Mr. President, I ask ignated 3.7 million acres. He has done ashes. Since then, the city has had to unanimous consent that reading of the more than any other President of the pay millions of dollars to dredge and amendment be dispensed with. United States, with the exception of remove silt and other particles carried The PRESIDING OFFICER. Without President Carter, who added a lot of into its water supply. What the city objection, it is so ordered. land in the State of Alaska. learned is that fires, not timber sales The amendment is as follows: It is also interesting to note that the are the biggest threat to watershed State of Alaska Senators had amended (Purpose: To defend the Constitutional sys- health. The city now actively manages tem of checks and balances between the the Antiquities Act to say no lands its watershed and conducts regular as- Legislative and Executive branches) should be made into a national monu- sessment and thinnings to maintain a At the appropriate place, add the fol- ment that exceeds 5,000 acres unless healthy, fire resilient forest. lowing: there is an act of Congress. That Notice I said fire resilient, not fire SEC. . FUNDING FOR NATIONAL MONUMENTS. doesn’t apply to the rest of the coun- resistant. Fire can be an invaluable Notwithstanding any other provision of try. management tool when conducted law, no funds shall be used to establish or ex- This administration, while they had under the proper circumstances. Those pand a national monument under the Act of designated 1.7 million acres in the first S7030 CONGRESSIONAL RECORD — SENATE July 17, 2000 7 years, in this year, since January, has Acreage Acreage already declared 2 million acres a na- Lassen Peak National Verendrye National tional monument. There is some talk Monument ...... 1,280 Monument ...... 253.04 Lewis & Clark National Yucca House National that there are additional monuments Monument ...... 160 Monument ...... 10 in the works. If there are, great. If this Montezuma Castle Na- amendment passes—I hope and expect tional Monument ...... 161.39 Total ...... 1,202,913.22 that it will—I am sure Congress will be Mount Olympus National happy to receive the request from the Monument ...... 639,000 W.G. Harding (1921–1923) Muir Woods National President. We will review it. We will Bryce Canyon National Monument ...... 295 Monument ...... 7,440 consider it. We will have hearings. We Natural Bridges National will go through the legislative process. Monument ...... 120 Carlsbad Cave National We will hear from the Governors. We Petrified Forest National Monument ...... 719.22 will hear from local entities. We will Monument ...... 60,776.02 Fossil Cycad National make a decision, as the process should Pinnacles National Monument ...... 320 Monument ...... 1,320 Hovenweep National be. Monument ...... 285.80 I believe the President’s actions, par- Tonto National Monu- ment ...... 640 Lehman Caves National ticularly this year, have greatly ex- Tumacacori National Monument ...... 593.03 ceeded what is called for in the Antiq- Monument ...... 10 Mound City Group Na- uities Act. Again, in the Antiquities Wheeler National Monu- tional Monument ...... 57 Act, it says, that the area: ment ...... 300 Papago Saguaro ...... ¥110 . . . in all cases should be confined to the Pinnacles National Total ...... 1,529,418.45 smallest area compatible with the proper Monument ...... care and management of the objects to be Pipe Spring National protected. William H. Taft (1909–1913) Monument ...... 0 Big Hole National Monu- Timpanogos Cave Na- We should abide by this law. When ment ...... 655.61 tional Monument ...... 250 the President has added 2 million acres Colorado National Monu- this year alone, I don’t believe he is in ment ...... 13,466.21 Total ...... 9,555.05 compliance with it. I think Congress Devils Postpile National has a legitimate role. If not, are we Monument ...... 798.46 Calvin Coolidge (1923–1929) Gran Quivara National going to allow the President to declare Castale Pinckney Na- Monument ...... 183.77 tional Monument ...... 3.50 wilderness areas, millions of acres? Lewis & Clark National Chaco Canyon National My point is, I may well agree with Monument ...... 160 the President on every single designa- Mount Olympus National Monument ...... tion he has made, but the process needs Monument Chiricahua National congressional authorization. It needs Mukuntuweap (Zion) Na- Monument ...... 3,655.12 tional Monument ...... 16,000 Craters of the Moon Na- congressional input; it needs congres- tional Monument ...... 22,651.80 sional hearings. It needs input from Natural Bridges National Monument ...... 120 Dinosaur National Monu- local officials and people who are di- Navajo National Monu- ment rectly impacted. ment ...... 360 Father Millet Cross Na- I hope our colleagues will support Oregon Caves National tional Monument ...... 0074 this amendment. I appreciate the lead- Monument ...... 465.80 Fort Marion (Castillo de ership of my friend and colleague, Sen- Petrified Forest National San Marcos) National ator GORTON of Washington, and also Monument Monument ...... 18.51 Fort Matanzas National Senator BYRD. I used to chair the sub- Rainbow Bridges Na- tional Monument ...... 160 Monument ...... 1 committee. It is a challenging sub- Shoshone Cavern Na- Fort Pulaski National committee, one which the Senator tional Monument ...... 210 Monument ...... 20 from Washington and the Senator from Sitka National Monu- Glacier Bay National West Virginia have handled with a ment ...... 51.25 Monument ...... 2,560,000 great deal of professionalism and ex- Lava Beds National pertise. I compliment them on their ef- Total ...... 32,631.10 Monument ...... 45,589.92 forts. I urge our colleagues to supports Meriwether Lewis Na- this amendment. Woodrow Wilson (1913–1921) tional Monument ...... 50 Bandelier National I ask unanimous consent to print in Pinnacles National Monument ...... 23,352 Monument the RECORD a list of Presidents and Cabrillo National Monu- Statue of Liberty Na- what they have added to the national ment ...... 50 tional Monument ...... 2.50 monuments under the Antiquities Act. Capulin Mountain Na- Wupatki National Monu- There being no objection, the list was tional Monument ...... 640.42 ment ...... 2,234.10 ordered to be printed in the RECORD, as Casa Grande National follows: Monument ...... 480 Total ...... 2,634,226.4574 Dinosaur National Monu- 80 PRESIDENTS AND THE ANTIQUITIES ACT ment Herbert Hoover (1929–1933) The following lists units and approximate Gran Quivira National Arched National Monu- acreage affected by each President. Where Monument acreage figures are not given they are not Katmai National Monu- ment ...... 4,520 available. ment ...... 1,088,000 Bandelier National Acreage Mount Olympus National Monument ...... Theodore Roosevelt (1906 Monument Black Canyon of the (Antiquities Act en- Mukuntuweap (Zion) Na- Gunnison National acted)-1909) tional Monument ...... 76,800 Monument ...... 10,287.95 Chaco Canyon National Natural Bridges National Colorado National Monu- Monument ...... 10,643.13 Monument ...... 2,740 ment Cinder Cone National Old Kasaan National Crater of the Moon Na- Monument ...... 5,120 Monument ...... 43 tional Monument Devil’s Tower National Papago Saguaro National Death Valley National Monument ...... 1,152.91 Monument ...... 2,050.43 Monument ...... 1,601,800 El Morro National Monu- Scotts Bluff National Grand Canyon II Na- ment ...... 160 Monument ...... 2,503.83 tional Monument ...... 273,145 Gila Cliff Dwellings Na- Sieur de Monts National Geat Sand Dunes Na- tional Monuments ...... 160 Monument ...... 5,000 tional Monument ...... 35,528.36 Grand Canyon I National Walnut Canyon National Holy Cross National Monuments ...... 808,120 Monument ...... 960 Monument ...... 1,392 July 17, 2000 CONGRESSIONAL RECORD — SENATE S7031 Acreage Acreage Acreage Katmai National Monu- Effigy Mounds National Statue of Liberty Na- ment Monument ...... 1,204 tional Monument ...... 48 Mount Olympus National Fort Matanzas National Monument Monument ...... 179 Total ...... 344,674 Petrified Forest National Great Sand Dunes Na- Monument ...... 11,010 tional Monument Richard M. Nixon (1969– Pinnacles National Hovenweep National 1973) ...... 0 Monument Monument ...... 80 Saguaro National Monu- Gerald R. Ford (1973–1977) ment ...... 53,510.08 Hovenweep National Monument ...... 81 Buck Island National Scotts Bluff National Monument ...... 30 Lava Beds National Monument Cabrillo National Monu- Monument ...... 211 Sunset Crater National ment ...... 56 Monument ...... 3,040 Muir Woods National White Sands National Monument ...... 504 Total ...... 86 Monument ...... 131,486.84 Sitka National Monu- ment ...... 54,30 Jimmy Carter (1977–1981) Total ...... 2,125,720.23 Admiralty Island Na- Total ...... 27,954.30 tional Monument ...... 1,100,000 Franklin Delano Roosevelt Aniakchak National (1933–1945) Dwight D. Eisenhower Monument ...... 350,000 Arches National Monu- Becharof National Monu- ment ...... 29,160 (1953–1961) Arches National Monu- ment ...... 1,200,000 Big Hole Battlefield Na- Bering Land Bridge Na- ment ...... ¥240 tional Monument ...... 195 tional Monument ...... 2,590,000 Black Canyon of the Bandelier National Cape Krusenstern Na- Gunnison National Monument ...... 3,600 tional Monument ...... 560,000 Monument ...... 2,860 Black Canyon of the Denali National Monu- Capitol Reef National Gunnison National ment ...... 3,890,000 Monument ...... 37,060 Monument ...... ¥470 Gates of the Arctic Na- Ceder Breaks National Cabrillo National Monu- tional Monument ...... 8,220,000 Monument ...... 5,701.39 ment ...... 80 Glacier Bay National Channel Island National Capitol Reef National Monument ...... 550,000 Monument ...... 1,119.98 Monument ...... 3,040 Katmai National Monu- Crater of the Moon (Dele- Chesapeake and Ohio ment ...... 1,370,000 tion of unknown size) Canal National Monu- Kenai Fjords National Death Valley National ment ...... 4,800 Monument ...... 570,000 Monument ...... 305,920 Kobuk Valley National Fort Jefferson National Colorado National Monu- ment ...... ¥91 Monument ...... 1,710,000 Monument ...... 47,125 Lake Clark National Fort Laramie National Edison Laboratory Na- tional Monument ...... 1 Monument ...... 2,500,000 Monument ...... 214.41 Misty Fiords National Fort Pulaski National Fort Matanzas National Monument ...... 2,285,000 Monument ...... Monument Noatak National Monu- Glacier Bay National Glacier Bay National ment ...... 5,800,000 ¥ Monument ...... 904,960 Monument ...... 24,925 Wrangell-St. Elias Na- ¥ Grand Canyon II ...... 71,854 Great Sand Dunes Na- tional Mlonument ...... 10,950,000 Jackson Hole National tional Monument ...... ¥8,805 Yukon-Charley National Monument ...... 210,950 Hovenweep National Monument ...... 1,730,000 Joshua Tree National Monument Yukon Flats National Monument ...... 825,340 White Sands National Monument ...... 10,600,000 Katmai National Monu- Monument ...... 478 ment Total ...... 55,975,000 Meriwether Lewis Na- Total ...... ¥22,530 tional Monument ...... 33,631.20 Ronald W. Reagan (1981– Montezuma Castle Na- 1989) ...... 0 tional Monument John F. Kennedy (1961–1963) Mukuntuweap (Zion) Na- 49,150 Bandelier National tional Monument Monument ...... ¥1,043 George Herbert Walker Bush (1989–1993) ...... 0 Organ Pipe Cactus Na- Buck Island Reef Na- tional Monument ...... 330,690 tional Monument ...... 850 William Jefferson Clinton Pinnacles National Crater of the Moon Na- (1993–Present) Monument ...... 4,589.26 tional Monument ...... 5,360 Scotts Bluff National Aquafria National Monu- Gila Cliff Dwelling Na- Monument ...... 46.17 ment—established Jan- tional Monument ...... 375 Santa Rosa Island Na- uary 11, 2000 ...... 71,100 tional Monument ...... 5,500.00 Natural Bridges National California Coastal Na- Statute of Liberty Na- Monument ...... 4,916 tional Monument tional Monument Russell Cave National (acreage unspecified) Tonto National Monu- Monument ...... 310 established January 11, ment Saguaro National Monu- 2000 ...... Tuzigoot National Monu- ment ...... 5,360 Canyon of the Ancients— ment ...... 42.67 Timpanogos Cave Na- established June 9, 2000 164,000 Walnut Canyon National tional Monument Cascade-Siskiyou Na- Monument tional Monument—es- White Sands National Total ...... 26,128 tablished June 9, 2000 .. 52,000 Monument ...... 158.91 Grand Canyon-Parashant National Monument— Total ...... 2,626,559.7 Lyndon B. Johnson (1963– established January 11, 1969 2000 ...... 1,014,000 Harry S. Truman (1953– Arches National Monu- Giant Sequoia National 1961) ment ...... 48,943 Monument—estab- Aztec Ruins National Capitol Reef National lished April 15, 2000 ...... 327,769 Monument ...... 1 Monument ...... 215,056 Grand Staircase- Channel Island National Katmai National Monu- Escalante National Monument ...... 25,600 ment ...... 54,547 Monument—estab- Death Valley National Marble Canyon National lished September 18, Monument ...... 40 Monument ...... 26,080 1996 ...... 1,700,000 S7032 CONGRESSIONAL RECORD — SENATE July 17, 2000 Acreage take into consideration grazing. He ment causes a conflict on my part Hanford Reach National wants to overlay Park Service and more than any other here. I agree with Monument—estab- BLM management into a confusing new the amendment. I think the power has lished June 9, 2000 ...... 195,000 Ironwood Forest Na- kind of configuration. been misused. I am not sure it can be tional Monument—es- Most importantly—this is the point reversed by another President. The tablished June 9, 2000 .. 129,000 the Senator from Oklahoma has just Senator from Idaho seems to feel that Pinnacles National made—there have been no public hear- it can be. But I believe we have had a Monument—estab- ings, no local input. He went around number of actions that have raised far lished January 11, 2000 7,900 and held some meetings with some af- more questions than they have actu- fected or potentially affected parties. Total ...... 3,789,669 ally settled. If the Congress were handling this, By the same token, I know perfectly Mr. NICKLES. I mentioned all of the we would have the full NEPA process. Presidents. President Clinton has well if this amendment is in the bill We would have an EIS. We would incor- that goes to the President, the Presi- greatly exceeded the amount of new ad- porate our county governments. We ditions compared to any President, dent will veto the bill. I simply say, would look at the kind of impact this since I know my friend from Nevada with the one exception of President designation would have. The Senator is Carter. To give a comparison, Presi- will be on the conference committee, I right, he and I might ultimately agree don’t intend to send a bill to the Presi- dent Ford added 86 acres in national with it, but what about the county monuments in his tenure as President. dent that we don’t believe he ought to roads that go through it and some of sign, at the very least. I just have to President Reagan and President Bush the private roads that go through it added zero. Teddy Roosevelt added 1.5 leave that notice at this point. and the elimination or the blockage of We have 4 more minutes. I will say million acres; William Taft, 32,000 those roads. Those are the kinds of one other thing. At least in theory, acres. I could go on down the list. My issues this President and this Sec- amendments can be brought up and dis- point is, the amount President Clinton retary have totally ignored in the cussed to this bill—the amendments has added this year alone exceeds what name of the Clinton legacy. that are listed in the unanimous con- almost any other President has done. I hope this amendment will pass. It is sent agreement—and they could be fur- I ask unanimous consent to print in time we halt this action and bring this ther discussed after the end of the the RECORD a copy of the Antiquities through the Congress to an appropriate many votes that we have tonight. Act. public process to sort out all these dif- I yield the floor to the Senator from There being no objection, the act was ficulties. That is what the committee Nevada so he can introduce the remain- ordered to be printed in the RECORD, as on which the Senator from Oklahoma ing amendments. follows: and I serve has the responsibility of The PRESIDING OFFICER. Without ANTIQUITIES ACT doing: refining and crafting public pol- objection, the pending amendment will TITLE 16—CONSERVATION icy. be temporarily set aside. CHAPTER 1—NATIONAL PARKS, MILI- I thank the Senator. TARY PARKS, MONUMENTS, AND SEA- Mr. NICKLES. I thank my colleague, AMENDMENT NO. 3885 SHORES Mr. President. Mr. REID. Mr. President, I send an Subchapter LXI—National and International I know the chairman of the sub- amendment to the desk and ask for its Monuments and Memorials committee wants to address this and immediate consideration. SEC. 431. NATIONAL MONUMENTS; RESERVATION perhaps other issues. The PRESIDING OFFICER. The OF LANDS; RELINQUISHMENT OF One other comment: The President clerk will report. PRIVATE CLAIMS. did this first in September of 1996 prior The assistant legislative clerk read The President of the United States is au- to the election. I know my colleague as follows: thorized, in his discretion, to declare by pub- from Nevada might remember this be- The Senator from Nevada [Mr. REID], for lic proclamation historic landmark, historic cause he did it with a press conference and prehistoric structures, and other objects Mrs. BOXER, proposes an amendment num- of historic or scientific interest that are sit- overlooking the Grand Canyon, talking bered 3885. uated upon the lands owned or controlled by about the addition of a new national Mr. REID. Mr. President, I ask unan- the Government of the United States to be monument, except the monument he imous consent that reading of the national monuments, and may reserve as a was talking about was not in Arizona, amendment be dispensed with. part thereof parcels of land, the limits of not in the Grand Canyon; it was actu- The PRESIDING OFFICER. Without which in all cases shall be confined to the ally in Utah. It was the Grand Stair- objection, it is so ordered. smallest area compatible with the proper case National Monument, 1.7 million The amendment is as follows: care and management of the objects to be acres. It happened to have billions of protected. When such objects are situated At the appropriate place insert the fol- upon a tract covered by a bona fide dollars of raw materials. lowing: unperfected claim or held in private owner- Interestingly enough, the Utah Gov- None of the funds appropriated under this ship, the tract, or so much thereof as may be ernor was not consulted. The Utah con- Act may be used for the preventive applica- necessary for the proper care and manage- gressional delegation was not con- tion of a pesticide containing a known or ment of the object, may be relinquished to sulted. People in the community were probable carcinogen, a category I or II acute the Government, and the Secretary of the In- not consulted. We had a massive land nerve toxin or a pesticide of the organo- terior is authorized to accept the relinquish- grab, power mineral grab—you name phosphate, carbamate, or organo- ment of such tracts in behalf of the Govern- it—by the President of the United chlorine class as identified by the Environ- ment of the United States. mental Protection Agency in National Parks States for a photo op for election pur- in any area where children may be present. (June 8, 1906, ch. 3060, Sec. 2, 34 Stat. 225.) poses that, in my opinion, may have AMENDMENT NO. 3886 TO AMENDMENT NO. 3885 Mr. CRAIG. Mr. President, will the been granted but needed congressional Mr. GORTON. Mr. President, I send Senator yield? input and authorization. That is the an amendment to the desk and ask for Mr. NICKLES. I am happy to yield. purpose of the amendment, to make its immediate consideration. Mr. CRAIG. I thank the Senator for sure this type of thing does not con- The PRESIDING OFFICER. The the leadership he has taken in this tinue without at least some input from clerk will report. area. It is so critically important. other local officials. About a month and a half ago, I got I yield the floor. The legislative clerk read as follows: a call from the Secretary of the Inte- The PRESIDING OFFICER. The Sen- The Senator from Washington [Mr. GOR- rior, Bruce Babbitt, who said: I am ator from Washington. TON], for Mr. BOND, proposes an amendment headed to Idaho. I am going to look at Mr. GORTON. Mr. President, we have numbered 3886 to amendment No. 3885. the Craters of the Moon National about 5 minutes remaining. The Sen- Mr. GORTON. Mr. President, I ask Monument. I might want to expand it. ator from Nevada is going to introduce unanimous consent that reading of the ‘‘I might want to expand it,’’ was two additional amendments, quite ap- amendment be dispensed with. what he said. It is currently 54,000 propriately, before that. The PRESIDING OFFICER. Without acres. He has recommended that it be In connection with this amendment, objection, it is so ordered. expanded to 754,000 acres. He doesn’t however, I need to say that this amend- The amendment is as follows: July 17, 2000 CONGRESSIONAL RECORD — SENATE S7033 (Purpose: To prohibit use of funds for appli- ister, or reassess tolerances for existing pes- children and other vulnerable sub-pop- cation of unapproved pesticides in certain ticides we try to ensure that our actions are ulations. The Environmental Protec- areas that may be used by children) protective of all consumers, especially chil- tion Agency has been implementing In lieu of the matter proposed to be in- dren. this law for the past four years. In the serted, insert the following: He continued on to say that, regulatory review process EPA reviews ll SEC. . PROHIBITION ON USE OF FUNDS FOR FQPA requires special protections for in- data from up to 120 tests conducted on APPLICATION OF UNAPPROVED PES- fants and children including: an explicit de- TICIDES IN CERTAIN AREAS THAT pesticides prior to registration. MAY BE USED BY CHILDREN. termination that tolerances are safe for chil- When registration decisions are dren; an additional safety factor, if nec- (a) DEFINITION OF PESTICIDE.—In this sec- made, the EPA includes additional essary, to account for uncertainty in data tion, the term ‘‘pesticide’’ has the meaning safety factors for children. According given the term in section 2 of the Federal In- relative to children; and consideration of children’s special sensitivity and exposure to to EPA, ‘‘. . . these specific require- secticide, Fungicide, and Rodenticide Act (7 ments in the statute will help EPA in U.S.C. 136). pesticide chemicals. (b) PROHIBITION ON USE OF FUNDS.—None of Let the record also show that the its efforts to implement the NAS re- the funds appropriated under this Act may reason that many pesticides are used is port and ensure that risks to infants be used for the application of a pesticide that to protect children from bacteria and and children are always considered. is not approved for use by the Environmental disease including asthma, encephalitis, . . .’’ And, under FIFRA, EPA has the Protection Agency in any area owned or authority to immediately cancel the managed by the Department of the Interior malaria, lyme disease, Legionnaires’ disease, and other diseases all of which use of any pest control product that it that may be used by children, including any believes poses an imminent risk to pub- national park. that occur here in the U.S. lic health. (c) COORDINATION.—The Secretary of the Mr. President, what is a pesticide? Interior shall coordinate with the Adminis- According to EPA, Obviously, EPA has the authority to trator of the Environmental Protection protect children. Obviously, EPA be- . . . all of these common products are con- lieves that the law protects children. Agency to ensure that the methods of pest sidered pesticides. Cockroach sprays and control used by the Department of the Inte- baits; insect repellents for personal use; rat Obviously, EPA believes they are pro- rior do not lead to unacceptable exposure of and other rodent poisons; flea and tick tecting children. children to pesticides. sprays, powders, and pet collars; kitchen, Since the new law in 1996, EPA has Mr. BOND. Mr. President, my bipar- laundry, and bath disinfectants and sani- re-reviewed thousands of products. We tisan amendment, cosponsored by Sen- tizer; products that kill mold and mildew; are spending about $50 million in tax- ators LINCOLN, KERREY of Nebraska, some lawn and garden products, such as payer money to pay full-time experts and ROBERTS, prevents funds from week killers; and, some swimming pool at the EPA to Administer the FQPA being used for the application of any chemicals. and to re-review the products. They pesticide that is not approved for use Pesticides eradicate a wide variety of tell us what is safe and what is not by the Environmental Protection pests, including cockroaches, biting in- safe. Agency in any area managed by the sects, algae, bacteria, poisonous Brown Contrary to what was mistakenly U.S. Park Service that may be used by Recluse Spiders—as found in the U.S. represented in previous debate, EPA children. Further, it directs the Sec- Capitol buildings—and infectious mi- does NOT support this amendment. Ac- retary of the Interior to coordinate crobes which result in unsanitary and cording to EPA in answers in response with EPA to ensure that pest control unhealthy conditions at food and med- to questions I submitted for the methods do not lead to unacceptable ical care facilities. RECORD on June 30, 2000, ‘‘. . . the exposure of children to pesticides. Many common cleaners, disinfect- amendment has not been subject to a Let there be no mistake that every ants and sanitizer are used to eradicate full review by the Administration, nor member of this Senate supports the infectious microbes, bacteria, and has the Administration taken a posi- protection of children. It is the man- algae in bathroom and kitchens and tion on the amendment.’’ date of the EPA to do so. They are al- nursing homes, hospitals and other With this extensive regulatory proc- ready required by law to do so. health care facilities. Cooling systems ess in place and recently updated, I The strict standard that mandates and water supplies are treated. Chlo- cannot support the Senator’s proposal EPA on product approval is: ‘‘reason- rine, which is registered as a pesticide to regulate further pesticides by com- able certainty of no harm.’’ That is a by EPA could be affected by the under- pletely ignoring and circumventing tall hurdle. lying amendment. Products that steri- EPA’s aggressive implementation of The shocking thing about this under- lize medical equipment are carcino- FQPA, as well as the Clinton Adminis- lying amendment by the Senator from genic and would thus also be affected. tration’s entire regulatory process. The California is that its premise holds Used according to EPA—label in- Senator from California’s proposal will that the EPA, is not, I repeat, not, structions, pesticides not only prevent effectively regulate pesticides from the doing its job protecting children. Let property damage from termites, but Senate floor on an appropriations bill, me repeat, this is a referendum on also protect our children. West Nile which is not only bad science, but bad whether EPA is protecting children. virus and encephalitis, which have been public policy as well, and a process we Now, I think, that if the EPA were pay- detected throughout the mid-Atlantic, all should want to avoid. I think if we ing attention, it would be news to the are carried by mosquitoes. Deer ticks are going to have a referendum on EPA Administrator that her agency is carry lyme disease, and cockroaches whether the EPA protect’s children, we not protecting children. As Chairman have been linked to the worsening of should have some cursory review of the of the Appropriations Subcommittee asthma symptoms. subject first. on VA/HUD, I have listened to count- According to the New York Times, I am also not an expert on asthma or less hours of testimony about the Ad- asthma is now the most common cause encephalitis or lyme’s disease or sal- ministrator’s devotion to protecting of hospitalization among American monella, or e. Coli or Legionnaires’ dis- children. I would think, that if we had children affecting a total of five mil- ease or the West Nile virus. a Sense of the Senate that Adminis- lion. Deaths among children with the If the Senator from California has trator Browner is not doing her job condition rose 78 percent from 1980 to some information that says that the protecting children, we would defeat 1993. EPA is not doing their job, then I think that. Again, these pesticides are approved the information should be reviewed and I asked the nominee (James V. by the EPA following a rigorous and the EPA should have the opportunity Aidala) to be Assistant Administrator science-based process to determine to respond and comment and defend for Toxic Substances of the Environ- what is safe and what is not safe. With itself. If there is an emergency that the mental Protection Agency if the EPA our concern for the safety of our chil- Senator from California is aware of, already protects children on military dren in mind, this body passed the EPA has the regulatory authority to bases from harmful pesticides and we Food Quality Protection Act (FQPA) deal with it and they should. If EPA is got the following response: unanimously in 1996. FQPA was de- not appropriately dealing with an The protection of children is one of our signed to update the safety standards emergency, perhaps we should ask the highest priorities. When we register, re-reg- of pesticides especially with respect to Administrator to tell us why that is S7034 CONGRESSIONAL RECORD — SENATE July 17, 2000 the case. Absent that, it is not a very vent disease and improve the quality of areas, particularly where they are near pub- good idea for us to be substituting our life for all Americans, especially chil- lic lands. Additionally, they pose a substan- scientific judgment for the judgment of dren. The EPA has a sound regulatory tial environmental and public health risk if Administrator Browner’s scientists as process in place that protects children left uncontrolled. For example, efforts to control mosquitoes carrying the deadly West to what is and is not safe. and provides safe, effective pest control Nile encephalitis virus could be threatened We also know that according to in- tools for use in the farmer’s field, the by this amendment, as could efforts to con- dustry and EPA, there is no legal or cafeteria, hospitals, playgrounds, and trol pests such as the Gypsy Moth Cater- regulatory or industry ‘‘term of art’’ the home. To undermine the process of pillar and Asian Longhorned Beetle that for a ‘‘category I or category II acute the strictest pesticide regulations in have devastated hardwoods in both our nerve toxin.’’ If we are going to tell the world would not only set a mis- urban and rural areas. EPA to prohibit something, EPA guided precedent, but would indeed Please oppose the Boxer amendment to the should understand what we want them threaten the health of our children. It Interior Appropriations bill. Sincerely, to prohibit. If we are going to tell in- would also send a shocking message BOB STALLMAN, dustry that they cannot use a product, that our EPA is not following its legal President. they should know what product they mandate and its perpetually-articu- Mr. REID. Mr. President, the amend- are forbidden to use. lated mission of protecting children. ment I offered on behalf of Senator One organophosphate, for example, is In summary, the underlying amend- BOXER would limit the use of dangerous Raid. Organochlorides, I am told, are ment it is unnecessary, it is overly- pesticides in our national parks. In products that contain carbon and chlo- broad, it is a horrible precedent and it particular, it prohibits the routine use rine which wipes out all hard surface is encumbered with far-reaching unin- of highly toxic pesticides—those con- disinfectants. One such hard surface tended negative consequences that are taining known or probable carcinogens, disinfectant which is used daily to harmful to children. acute nerve toxins, organophosphates, clean our bathrooms is Lysol disinfect- I just do not believe the U.S. Senate carbamates, or organochlorines—in our ant. Some of the same products are should take an action which makes the national parks, where children may be used to clean our cafeteria. Some car- visitor’s centers of our national parks present. cinogens are used to sterilize medical the largest cockroach hotels on the Such pesticides could be used in the equipment. planet. The chairman of the House Com- My amendment prohibits the use of case of an emergency. This is already mittee on Appropriations has just re- any pesticide not approved by Adminis- the policy of the National Park Serv- ceived a bipartisan letter from the trator Browner’s team and ensures con- ice. This amendment would codify this Chairmen and Ranking Members of the sultation to ensure that pest control important policy. House committee of jurisdiction stat- methods do not lead to unacceptable Mr. GORTON. Mr. President, the ing that this is an issue under their ju- exposure of children to pesticides. I Bond second-degree amendment pre- risdiction which should be dealt with urge my colleagues to support my vents funds from being used for the ap- solely through the authorization proc- amendment and preserve the effective- plication of any pesticide that is not ess. The bipartisan letter was signed by ness and the integrity of the science- approved for use by the Environmental Protection Agency in any area man- Congressmen COMBEST, STENHOLM, based regulatory system. aged by the Park Service that may be GOODLATTE and CLAYTON. I ask unanimous consent to print in Mr. President, I am continuously the RECORD a letter from the Farm Bu- used by children, and directs the Sec- amazed at the knowledge and dedica- reau opposing the underlying amend- retary of Interior to coordinate with tion of my Senate colleagues but I will ment. EPA to assure pest control methods do admit that I am not an expert on There being no objection, the letter not lead to unacceptable exposure of organophosphates or nerve toxins. I was ordered to be printed in the children to pesticides. fear that this issue about nerve toxins RECORD, as follows: Mr. REID. Mr. President, I ask unanimous consent that the pending amend- and organophosphates and ‘‘probable AMERICAN FARM BUREAU FEDERATION, carcinogens’’ may be a mystery to a Washington, DC, July 17, 2000. ments be temporarily set aside. good number of my colleagues and it is Hon. CHRISTOPHER S. BOND, The PRESIDING OFFICER. Without a horrible precedent for regulation, U.S. Senate, Washington, DC. objection, it is so ordered. which will impact not only the urban DEAR SENATOR BOND: On behalf of the AMENDMENT NO. 3887 American Farm Bureau Federation, I am Mr. REID. Mr. President, I send an uses of pest control products, but also writing to express our deep concern and op- the agricultural uses for our Nation’s position to the Boxer amendment to the In- amendment to the desk and ask for its farmers. terior Appropriations bill. The amendment immediate consideration. We know that the EPA does not sup- as proposed would stop the use of pesticides The PRESIDING OFFICER. The port this amendment. It has not re- on public lands, pesticides use to prevent and clerk will report. viewed it and I don’t expect them to re- control noxious weeds, invasive species and The legislative clerk read as follows: other pests that threaten the health and view it during an election year. The Senator from Nevada [Mr. REID], for long-term sustainability of those lands. The My amendment protects children by Mr. BINGAMAN, proposes an amendment num- allowing Carol Browner and her cops amendment is without merit or scientific bered 3887. basis and should be defeated. on the beat to do their job. This amendment is misguided and would be Mr. REID. Mr. President, I ask unan- We have a dreadful picture of a bite harmful to the public interest. The current imous consent that reading of the from a Brown recluse spider. This spi- federal laws governing pesticide use, specifi- amendment be dispensed with. der is bad news as the picture indi- cally the Federal Insecticide, Fungicide and The PRESIDING OFFICER. Without cates. This poisonous spider was found Rodenticide Act (FIFRA) and the Food Qual- objection, it is so ordered. in the Capitol on more than one occa- ity Protection Act (FQPA) require scores of The amendment is as follows: tests and large amounts of scientific data to sion and it is called a recluse spider be- (Purpose: To express the sense of the Senate cause it is hard to discover. In the last be submitted to the Environmental Protec- tion Agency (EPA) before a pesticide is ap- regarding the protection of Indian program three weeks, a Senate appropriations proved for public use. Products used in ac- monies from judgment fund claims) staffer was bitten by this spider. cordance with the label are safe. It is essen- On page 163, after line 23, add the fol- Used according to EPA-label instruc- tial for public confidence that pesticide deci- lowing: tions, pesticides protect our children sions be based on sound science and objective SEC. . (a) FINDINGS.—The Senate makes by controlling harmful pests like dis- regulatory review. This amendment arbi- the following findings: ease carrying insects, infectious bac- trarily circumvents the regulatory process (1) in 1990, pursuant to the Indian Self De- teria, poison ivy, and other noxious and creates confusion in the public mind. termination and Education Assistance Act Agricultural producers who farm and ranch (ISDEA), 25 U.S.C. et seq., a class action law- weeds. on or adjacent to public land face increased suit was filed by Indian tribal contractors This underlying Boxer amendment threats to their economic viability. The and tribal consortia against the United would prohibit the use of products that spread of pests, noxious weeds and invasive States, the Secretary of Interior and others have been scientifically tested and ap- species represents a real economic burden to seeking redress for failure to fully pay for in- proved for use by the EPA to help pre- farming and ranching operations in many direct contract support costs (Ramah Navajo July 17, 2000 CONGRESSIONAL RECORD — SENATE S7035 Chapter v. Babbitt, 112 F.3d 1455 (10th Cir. tion on Climate Change, which was these important efforts to project the 1997)); ratified by the Senate in 1992, and the Kemp’s ridley sea turtle. While I am (2) the parties negotiated a partial settle- Kyoto Protocol to that Convention? keenly aware of the fiscal constraints ment of the claim totaling $76,200,000 which Am I also correct in my understanding on the Fish and Wildlife Service, I once was approved by the court on May 14, 1999; (3) the partial settlement was paid by the that Section 329 is not intended to re- again encourage the Service to con- United States on September 14, 1999, in the strict international programs or activi- sider providing whatever support it can amount of $82,000,000; ties to encourage commitments by de- within these existing budget con- (4) the Judgment Fund, 31 U.S.C. 1304, was veloping countries to reduce green- straints. established to pay for legal judgments house gas emissions? Mr. BYRD. I agree with my col- awarded to plaintiffs who have filed suit Mr. BYRD. Mr. President, I appre- leagues from Washington and Lou- against the United States; ciate the question from my distin- isiana. The Fish and Wildlife Service (5) the Contract Disputes Act of 1978 re- guished colleague from Vermont, should make every effort to support quires that the Judgment Fund be reim- this project in order to uphold a sci- bursed by the responsible agency following whose background in international af- the payment of an award from the Fund; fairs is well known and impressive, in- entifically justified success in endan- (6) because the potential exists that Indian deed. In response, I say to my friend gered species management. program funds in the Bureau of Indian Af- that his understanding is correct, Sec- REGARDING THE NEED FOR EMERGENCY FUNDING fairs (BIA) and the Indian Health Service tion 329 is not intended to restrict U.S. FOR THE WASHAKIE DAM IN WYOMING’S WIND (IHS) would be used in Fiscal Year 2001 to re- negotiations or the other activities RIVER RESERVATION imburse the Judgment Fund, resulting in such as he has described. On the con- Mr. ENZI. Mr. President, I would like significant financial and administrative dis- to thank my colleague, Senator GOR- trary, the section is intended to pre- ruptions in the BIA, the IHS, and the Indian TON, for helping me address the need vent the Administration from imple- tribes who rely on such funds; for emergency funding for the Sho- menting the Kyoto Protocol prior to (b) SENSE OF THE SENATE.—It is the sense shone and Arapaho Tribes of Central of the Senate that— itss ratification by the Senate. Wyoming. On June 1, 2000, Gary Col- (1) the Secretary of the Interior and the Mr. GORTON. Mr. President, I concur lins, Director of Tribal Water Engi- Secretary of the Department of Health and with the statement just provided by neers Office for the Shoshone and Arap- Human Services should declare Indian pro- the Senator from West Virginia. gram funds unavailable for purposes of reim- aho Tribes on the Wind River Indian bursing the judgment fund; and SEA TURTLE CONSERVATION Reservation in central Wyoming an- (2) if the Secretary of the Interior and the Mr. BREAUX. Mr. President, will the nounced the need to evacuate homes Secretary of the Department of Health and distinguished Chairman of the Interior down river from the Washakie Dam. Human Services determines that there are Appropriations Subcommittee yield for The evacuation was the result of a no other available funds, the agencies a question? ‘‘first fill’’ test being conducted by the through the Administration should seek an Mr. GORTON. Mr. President, I will tribe for the newly refurbished appropriation of funds from Congress to pro- gladly yield to a question from my Washakie Dam. In accordance with vide for reimbursement of the judgment good friend from Louisiana. first fill protocol and criteria, the dam fund. Mr. BREAUX. Mr. President, I thank was filled to the first of two target lev- KYOTO PROTOCOL RESTRICTIONS the distinguished Chairman. I want to els and then held at that first level for Mr. LEAHY. Mr. President, as the commend the gentleman from Wash- a specified number of days to allow in- Senate debates the FY 2001 Interior ington and the distinguished ranking spection of the dam’s operation. Be- and Related Appropriations Act, I member for the great leadership they cause of unusually high seepage at a would like to take a moment to ask have demonstrated in crafting the key structural point—50 gallons per the distinguished subcommittee Chair- FY2001 Interior Appropriations bill. minute at the toe of the dam, however, man and Ranking Member a clarifying Gentlemen, last year you were both in- the tribe implemented its Emergency question concerning Section 329 of the strumental in securing funds for a Action Plan, ordered the down stream bill. That section, as my colleagues project of great personal interest to evacuation and conducted temporary know, contains language concerning Senator LOTT and myself, the Kemp’s repairs to stop the flow. The repairs the implementation of the Kyoto Pro- ridley sea turtle project. The project, were successful and the immediate tocol. funded in part through the U.S. Fish danger temporarily abated. Mr. President, the Senate has clearly and Wildlife Service is a twenty-year- While the seep is now under control, expressed its views regarding the old on-going success story in the recov- the first fill protocol is still to be com- Kyoto Protocol in S. Res. 98, the Byrd- ery of a highly endangered species. pleted. Under normal conditions, the Hagel resolution adopted unanimously Since 1978, the United States Fish and tribe would have restarted the first fill by the Senate on July 25, 1997. That Wildlife Service has spearheaded the protocol and would have refilled the resolution calls on the Administration sea turtle conservation work at Ran- dam to test it again for additional to support an approach to climate cho Nuevo, Mexico. This collaborative seepage or any other problems. There change that protects the economic in- conservation project with the Mexican is not enough water, however, to com- terests of the United States and seeks government and the U.S. shrimp indus- plete the first fill on the Washakie commitments from developing country, through the National Fisheries In- Dam. Wyoming, along with the rest of tries to reduce greenhouse gas emis- stitute, protects Kemp’s ridley sea tur- the west is suffering from a serious sions. The Administration is aggres- tle nests and females from predation drought situation. The first fill test sively engaging developing countries to and other hazards, and ensures that will not be completed until next spring reduce greenhouse gas emissions young turtles make it into the sea. I when, hopefully, we will have enough through international projects and ac- am pleased to report that this Spring, snowfall to generate the water needed tivities emphasizing market-based the project has reached an all time suc- to fill the reservoir. mechanisms and environmental tech- cess level with some 750 turtles laying As with the first fill of any dam, nology. Furthermore, the U.S. is cur- eggs in over 5,000 nests, a record in the there is always a concern that some rently engaged in climate change nego- past 40 years. However, this year, de- unanticipated event will occur which tiations to ensure meaningful partici- spite the demonstrable success of the requires immediate action to protect pation of developing countries and to project, the Fish and Wildlife Service life and property. The reconstruction ensure that greenhouse gas emissions did not request funds for the Kemp’s project was finished ahead of time, and reductions are achieved in the most ridley sea turtle project. I am ex- under budget, but the remaining funds cost-effective manner. tremely concerned and want to express will be inadequate to respond to any Mr. President, I ask my friend from my strong support for continued fund- catastrophic incident. It makes much West Virginia if my understanding is ing for this valuable conservation ef- more sense to set aside funds up front correct that Section 329 of the FY 2001 fort. to mitigate a possible catastrophe, Interior bill is not intended to restrict Mr. GORTON. It is clear from my than to spend millions of additional the Administration from engaging in friend’s statement that he knows much dollars, and possibly lose human life, these international negotiations re- about the sea turtle conservation pro- for a disaster that could have been lated to both the Framework Conven- tect, and I share his enthusiasm for averted. S7036 CONGRESSIONAL RECORD — SENATE July 17, 2000 The decision by Congress to provide vided for the Ecological Restoration tablishment of a major new historic emergency funding for incidents before Institute. and cultural park at Historic New they occur is not without precedent. Mr. GORTON. That is what we have Bridge Landing, in Central Bergen For example, in 1997 the U.S. Congress agreed to, with the concurrence of Sen- County, NJ. The Commission has es- provided funds to prevent flooding in ator BYRD. tablished a General Management Plan and around Devil’s Lake in North Da- Mr. BYRD. I am in agreement with which outlines the objectives of the kota. No actual disaster had occurred, that understanding. proposed park. but impending weather conditions HISTORICAL SITES IN NEW JERSEY Today, this site remains a hotly con- threatened surrounding communities Mr. TORRICELLI. Mr. President, I tested battleground, and while the na- and we provided the means to avert rise to ask the distinguished managers ture of the battle is different, the im- disaster. of the bill if they would consider a re- portance of prevailing is no less impor- I am therefore asking my colleague quest I have concerning the conference. tant. New Jersey has undergone a revo- for his thoughts on what we can do to Mr. GORTON; I would be happy to lution from ‘‘Garden State’’ to ‘‘Subur- help out the Eastern Shoshone and consider a request from my colleague ban State,’’ More than 40 percent of Northern Arapaho Tribes and ensure from New Jersey. New Jersey is developed. New Jersey is the safety of the residents living Mr. TORRICELLI. I rise to talk by far the most built-over state in the around the Washakie Dam. about two sites in New Jersey which nation and it is number 1 in the rate at Mr. GORTON. Mr. President, I appre- are worthy of federal funding for their which it is losing its open space. Since ciate the comments of my colleague protection. I would hope that should 1961, New Jersey has lost over half a and recognize the potential severity of additional funding become available, million acres to sprawl. The area adja- the situation at the Washakie Dam. the Senate would consider providing cent to New Bridge Landing have not I would like to assure my colleague federal funding to contribute to the ac- been spared. Virtually all of the land that I will work with him to ensure quisition of these sites. adjacent to the site has been developed. that adequate funding is available to The first is The Historic New Bridge This development is visible from the make any necessary repairs to the dam Landing, located in Bergen County, site, altering its character and dimin- or to conduct other activities nec- New Jersey. I am concerned that this ishing the visitor’s experience of the essary to ensure the safety of people site will be lost unless federal protec- park’s historic landscape. living in the vicinity of the dam. tion is afforded to it. In November 1776, Mr. President, I would like to intro- HAZARDOUS FUEL REMOVAL reeling from a series of devastating de- duce this letter from the National Park Mr. KYL. Mr. President, I’m pleased feats in Brooklyn and Manhattan, the Service testifying to the importance of to sponsor Senator DOMENICI’s amend- Continental Army fled across the Hud- Historic New Bridge Landing, and the ment, number 3782, to the fiscal year son River to New Jersey. The Red need for federal efforts to preserve and 2001 Interior and Related Agencies Ap- Coats, in hot pursuit, continually protect it. Historic New Bridge Land- propriations bill which adds critical forced Washington to retreat. ing is worthy of our protection, and I funding to the budgets of the Bureau of After crossing New Bridge, Wash- would hope that the Senate would con- Land Management and the Forest ington instructed a contingent of sider providing funding for the protec- Service for hazardous fuel removal. troops to dismantle the bridge and pro- tion of this important site. These funds are necessary to address tect the army’s rear. Though unable to The second site which I rise today to the immediate threats to wildland/ destroy the bridge, Washington’s speak in support of, is the Glen Gray urban interface areas across the coun- troops held off the British long enough Boy Scout Camp, located in the heart of the Ramapo Mountains, in New Jer- try which are surrounded by public to allow the Army to escape. sey. lands choking with natural fuels build- This bridge called ‘‘The Bridge that Much like the rest of my state, this Saved a Nation,’’ was strategically sit- up from a half-century of fire suppres- 850 acre tract is threatened with devel- uated at the narrows of the Hacken- sion. The Los Alamos fire was a tragic opment. Sprawl threatens to eat away sack River. The bridge and surrounding reminder of the threat that exists at this pristine site, and the remainder area were a hotly contested battle- today around many communities. In of the Highlands. New Jersey knows all ground, encampment ground, military my own state of Arizona, which has the too well the peril of sprawl and has intelligence post and headquarters. In largest ponderosa pine forest in the paid a terrible price at the hands of de- world, the communities of Flagstaff, 1780, when the Continental army re- velopers of shopping malls and subdivi- Tucson, Summer Haven, Pinetop-Lake- gained control of the area surrounding sions. side, Showlow, and countless others are the New Bridge, Washington used the An average of 10,000 acres of rural/ag- virtually surrounded by the national Steuben house as a headquarters and ricultural land is being developed forest. stayed in a second floor bedroom. piecemeal every year in New Jersey. The work being done by the Ecologi- This property has been the object of The NY–NJ Highlands has seen a 60 cal Restoration Institute at Northern attention for historians and preserva- percent increase in urbanization in the Arizona University to address forest tionists for many years. The historical last 25 years, and is expected to absorb ecosystem restoration is world-class. I significance of this has been confirmed; a 14 percent increase in population by believe my colleagues are aware of the the site is listed on both the New Jer- 2010. Years ago, we made an important forest treatment and public education sey and National Registers of Historic step in the preservation of the High- programs there. I understand that an Places. In addition, in 1999, the site was lands with the effort to protect Ster- agreement was reached to provide $8.8 named among the 10 Most Endangered ling Forest. This effort was aided by a million directly to the Ecological Res- Historic Sites in New Jersey by Preser- study of the New York-New Jersey toration Institute for its ongoing ef- vation New Jersey, a private state-wide Highlands Region, conducted by the forts from within the funds made avail- historic preservation organization. Fi- Forest Service. able to the Bureau of Land Manage- nally, this site is included in the Na- That study also found the Highlands ment. Is this correct? tional Park Service’s Revolutionary to be of national significance due to Mr. DOMENICI. I’m glad to have the War and War of 1812 Battlefield study, the diversity and quality of its natural Senator from Arizona as a sponsor of which aims to catalog important sites resources and landscape. In addition, my amendment, which does provide ad- in need of protection. the study confirmed threats from de- ditional necessary funding to the BLM New Bridge Landing encompasses 18 velopment to water quality, critical and the Forest Service for fuels reduc- acres on both sides of the Hackensack open space, and recreational resources. tion. And I am aware of the work being River in Central Bergen County, New The Highlands regional study has done by the Ecological Restoration In- Jersey. Commercial development, ne- shown us that this region is deserving stitute. My staff met with the director glect and time, have combined to erode of federal funding to allow for its proof the program. It is my understanding and threaten to destroy this histori- tection. I am hopeful that the Com- that, from within funds provided for cally significant site. Since 1995, the mittee will share my concern for this the Bureau of Land Management in Historic New Bridge Landing Commis- region, and commit funding for its pro- this amendment, $8.8 million is pro- sion has been working toward the es- tection. July 17, 2000 CONGRESSIONAL RECORD — SENATE S7037 I realize that the Committee faces ing of the Sage Grouse as an endan- onstration program in 1984 with an ini- many demands when putting this bill gered species. The U.S. Fish and Wild- tial appropriation of $750 million. In together. While these requests were not life Service has been petitioned to list subsequent years, I was able to add to included in the bill, I would ask the the species, which would have a dra- those funds for a total amount in ex- Committee to consider funding for matic impact on the lives of the people cess of $2.0 billion. I am pleased to re- these worthy projects in the Con- of Southern Idaho, as well as future call that then-President Ronald ference. BLM and Forest Service operations. It Reagan joined with me in endorsing Mr. GORTON. I thank the Senator becomes readily apparent when you the Clean Coal Technology Demonstra- from New Jersey and assure him that visit Southern Idaho that the entire re- tion program. the Committee recognizes the impor- gion is habitat for Sage Grouse. As established, the program calls for tance of protecting threatened lands Local working groups have been the cost of clean coal demonstration throughout the country. formed across Southern Idaho to find projects to be shared equally between IDAHO PROGRAMS local, collaborative projects to restore the Federal government and the pri- Mr. CRAIG. Mr. President, would the Sage Grouse habitat and the species vate sector. Forty clean coal projects distinguished Chairman of the Sub- which would make a listing under the have been selected through a series of committee yield for a colloquy regard- Endangered Species Act unnecessary. competitive solicitations issued by the ing several important, proposed To be successful, this effort appro- Department of Energy. And while Con- projects under the jurisdiction of the priately requires some federal support. gress required industry to contribute 50 Interior Subcommittee? Finally, also in Southern Idaho, percent of the cost of selected projects, Mr. GORTON. I would be pleased to there is an urgent need to re-open the I am proud to say that, in toto, indus- yield to the Senator from Idaho to dis- BLM’s air tanker resupply base at the try has in fact contributed more than cuss this important issue. Twin Falls airport. This base was 66 percent of the total cost. Moreover, Mr. CRAIG. First, allow me to thank closed in 1998, after an internal inspec- project sponsors are required to repay the Chairman and the Ranking Member tion indicated unsafe conditions. This the Federal government’s share of the for their hard work on the Fiscal year is the only such base within 100 miles project cost if and when the tech- 2001 Interior and Related Agencies Ap- of most of the Idaho-Nevada border, nologies are commercialized. propriations bill. Despite scarce re- which uniquely suits it to provide the Beyond the successes that have come sources and tough choices, they came fastest possible response and turn- from the Clean Coal program, though, up with a fiscally responsible bill that around times in this area during the a few simple facts will also underscore meets important priorities, which I fire season. In this vast expanse of vul- the real necessity of the program as support. nerable landscape, in the dry season, a well. Our nation has approximately 274 There are some important projects to small accident rapidly could become a billion tons of recoverable coal re- be funded in this bill that I would like major fire disaster. We’ve seen that serves. At current rates of consump- to work with the Chairman on. happen in other parts of the country tion those reserves amount to more We are proud to be the home of Lake and we should take steps here to pre- than a 200-year supply. Furthermore, Coeur d’Alene in North Idaho. It has vent it. The community has worked more than one half—54 percent to be become a world-class destination for diligently with the local BLM office to exact—of the electricity generated in all sorts of outdoor activities—from re-open the base as soon as possible. this country last year came from coal. golf to water sports to mountain However, in the national office, this Mr. President, those are staggering biking. This tourism is important to project has been slipped back from statistics which prove that American the local economy and the ability to year to year and down the priority list. coal is, and will remain, an abundant partake in these activities is vital to Everyone agrees this base must be re- and critically important energy source. the local residents’ quality of life. I placed. Our concern is simply that it But those statistics also suggest that know the Chairman is very familiar should be done now, rather than be our reliance on coal must be carried with the area, since it is a short dis- subject to further postponement. out in a manner which utilizes the tance from Spokane, Washington and is I hope the chairman will work with cleanest and most efficient tech- a popular recreation destination for me when this bill goes to conference to nologies possible. And that is what the many of his constituents. find funds for all of these important Clean Coal program is intended to ac- The problem we have encountered is and fiscally responsible projects. complish. a lack of public boat launching facili- Mr. GORTON. I appreciate the Sen- In furtherance of that objective, the ties. Most of the lake front land around ator from Idaho’s interest in these Committee on Appropriations, through the lake is privately owned, so land for projects. I am familiar with them and its report accompanying this bill, has public launch facilities is scarce. How- recognize their value. directed the Department of Energy to ever, the Bureau of Land Management I would be happy to work with the issue a report to Congress by March 1, has purchased land for a boat launch Senator to make sure appropriate con- 2001, depicting the nature and content facility and has completed all of the sideration is given to these projects in of a potential new round of Clean Coal appropriate studies and planning; they the Conference Committee. Technology projects. This information are simply lacking the funds to build Mr. CRAIG. I thank the Chairman. is vital if we in the Congress are to di- the facility. The local community, in- CLEAN COAL TECHNOLOGY rect the Department to utilize funds al- cluding many residents of Washington Mr. BYRD. Mr. President, as the Sen- ready available in the Clean Coal pro- State, tenaciously support the project ate considers the Fiscal Year 2001 Inte- gram for the purpose of funding addi- and are willing to provide about rior and Related Agencies appropria- tional demonstration projects. $700,000 toward the project. tions bills, I wish to take a moment to Indeed, Mr. President, I have heard In the same part of the great State of address the Department of Energy’s from a number of companies interested Idaho, mining has been and, hopefully, Clean Coal Technology Demonstration in coal and the development of tech- will continue to be a substantial part program, one of the most successful nologies that will allow this nation to of the local economy—providng the public-private research ventures ever make the best use of this abundant en- minerals we all need. The University of undertaken, and one of the more im- ergy resource. These companies, some Idaho and Washington State University portant projects funded in this legisla- of which are in my own state of West want to work with the U.S. Geological tion. Virginia, have recommended that any Survey to develop new high-tech meth- Fundamentally, the goal of the Clean new clean coal solicitation be focused ods of modeling geology, to be tested in Coal program is simple: Encourage the principally upon technologies that will North Idaho, but eventually applied private sector to design and dem- reduce the environmental impacts world-wide, to provide better explo- onstrate advanced technologies which from existing, as well as new, coal-fired ration and modeling techniques to find will use coal, our most abundant fossil facilities. In addition, I believe that we groundwater, minerals, etc. energy resource, more cleanly and effi- ought to be encouraging newer tech- In the Southern part of Idaho, we are ciently. To achieve that goal, I initi- nologies that are even more advanced very concerned about the proposed list- ated the Clean Coal Technology Dem- than the clean coal technologies that S7038 CONGRESSIONAL RECORD — SENATE July 17, 2000 have been demonstrated thus far. A consider the viability of concepts not itoring that the Plan called ‘‘crucial to new solicitation should therefore en- fully developed on low-rank coals and determining if desert tortoise popu- courage technologies capable of reduc- coals containing high sodium as it lations are stationary, declining, or in- ing emissions of sulfur dioxide (SO2), works on the study we have requested. creasing’’; the desert tortoise popu- nitrogen oxide (NOx), or mercury, as Mr. BYRD. Mr. President, I thank lation estimations that the Plan stated well as increasing the operating effi- the Senator for his consideration, and would be made every three to five ciency of coal-fired power plants there- wonder if he would answer a question years; and the Plan’s reassessment by reducing—and through technologies, or two to help clarify the Committee’s that also was to be conducted every working to eliminate—carbon dioxide directive regarding the Clean Coal three to five years. emissions. Technology Demonstration program? Mr. GORTON. The Senator is correct. Mr. DORGAN. Mr. President, I, too, Mr. GORTON. Mr. President, I would The Committee fully expects the would like to join my distinguished be happy to answer the Senator’s ques- USFWS to fulfill its commitments in colleague from West Virginia in ad- tions. I know he is a champion of coal the Recovery Plan to carry out the dressing the Clean Coal Technology and the Clean Coal Technology pro- desert tortoise monitoring, population program. I would also like to commend gram, and I am also aware of his abid- estimation, and Recovery Plan reas- the Chairman of the Interior Sub- ing interest in the environmentally sessment. Additionally, the Committee committee, Senator GORTON, and of sound use of coal as a source of power expected the plan called for in the recourse the Ranking Member, Senator for this nation. port language will focus solely on those BYRD for their work relating to the Mr. BYRD. Mr. President, would it be three tasks. Clean Coal Technology Demonstration the Senator’s thought that the Depart- Mr. BENNETT. One last point. To en- program. ment should support technologies sure that appropriated funds are spent Mr. President, I share the optimism which control emissions from coal use wisely, I want to voice my concern of the leaders of the Interior Appro- or increase the operating efficiency of that any methodology to be employed priations Subcommittee with respects coal-based power plants? in conducting the monitoring be de- to the innovations that could be made Mr. GORTON. In response, let me signed to permit correlation of the new with further clean coal technology say, Mr. President, that those are cer- data with the data gathered between projects. I specifically want to draw at- tainly the types of technologies that 1980 and 2000. This will ensure that pop- tention to one area in which I think the Department should address. ulation trends, and the efficacy of pro- that there is great potential—lignite Mr. BYRD. Would the distinguished grams and mitigation undertaken since energy development. In my state of Senator also agree with me that fur- 1980, can be determined. North Dakota, the lignite industry pro- ther demonstrations projects should be Mr. GORTON. The Senator makes an vides a low-cost, reliable energy source at a size that would permit immediate excellent point. The Committee agrees for more than 2 million people in the scale up to commercial capacity? And that the desert tortoise monitoring upper Midwest. This industry directly also, in that instance where the tech- methodology should be designed as you employs 3,000 people in North Dakota nology is to be applied to an existing suggest. and has great potential to increase the plant, that the technology should be Mr. BENNETT. I thank the Senator. efficiency of coal-fired power plants widely applicable to a very significant LAND AND WATER CONSERVATION FUNDS FOR while reducing the emissions with the number of existing coal-fired gener- IDAHO application of new coal technologies. ating facilities? Mr. CRAPO. Mr. President, would the Mr. President, because of the impor- Mr. GORTON. Mr. President, again, I distinguished Chairman of the Sub- tance of lignite coal, I would urge the agree with the Senator. Given pending committee yield for a colloquy regard- Department of Energy to specifically environmental requirements applicable ing Land and Water Conservation explore the development of low-rank to these coal-fired units, it would be Funds for Idaho? coals, coals containing high-sodium, my hope that the Department of En- Mr. GORTON. I would be pleased to and mine-mouth applications and con- ergy would consider larger scale yield to the Senator to discuss this im- cepts in any new round of Clean Coal projects able to be commercialized important issue. Technology projects. I also believe, and mediately. Also, any program should Mr. CRAPO. First, allow me to com- I would hope the Department would be aimed at developing technologies mend the Chairman for his leadership agree, too, that preference should be that could be applied to the greatest and hard work on this bill. He and the given to those states that have lignite number of existing units possible. Subcommittee have had to make dif- research and development programs re- Mr. BYRD. Mr. President, I thank ficult decisions with scarce resources quiring public and private collabora- the Senator from Washington for his and have worked hard to do so in a fair tion. This kind of work should be as- courtesy in answering my inquiries. manner. I appreciate the Chairman’s pects of the study that the Committee Mr. BENNETT. I would like to ask efforts and diligence. report requires of the Department. the Chairman a question about the lan- Idaho is a state of spectacular nat- Mr. BYRD. Mr. President, I appre- guage concerning the 1994 Desert Tor- ural beauty and wildlife habitat. As the ciate the comments of the distin- toise Recovery Plan on page 18 of the Chairman knows, an opportunity exists guished Senator from North Dakota report accompanying this legislation. to use Land and Water Conservation and I agree that the lignite energy in- It is the Chairman’s understanding Funds (LWCF) to acquire easements in dustry has the potential to develop that the language refers specifically to the state to protect these valuable more environmentally sound and eco- certain tasks which the Fish and Wild- habitats and scenic values. nomically efficient technologies. I cer- life Service committed in the Recovery While I am concerned regarding the tainly welcome efforts to ensure that Plan to complete by 1999 and, to my level of funding appropriated, I appre- the lignite energy industry is given due knowledge, have not even begun? ciate the Subcommittee’s recognition consideration by the Energy Depart- Mr. GORTON. The Senator is correct. of the importance of funding easements ment as it develops its criteria for fur- Mr. BENNETT. As the Chairman in the Sawtooth National Recreation ther Clean Coal Technology projects. knows, I am deeply troubled that the Area, near the Snake River Birds of Mr. President, does the Chairman of United States Fish and Wildlife Serv- Prey National Conservation Area, and the Interior Subcommittee agree with ice, Bureau of Land Management, and on the Lower Salmon River. However, us about the need to consider the po- other federal agencies have moved very many other LWCF projects in the state tential of lignite energy technologies quickly to impose the land use controls were not funded. Protecting deer habi- in any new round of Clean Coal Tech- recommended in the Recovery Plan, tat in the Soda Springs Hills, acquiring nology projects? but have failed to undertake the basic inholdings to protect elk range and ad- Mr. GORTON. Mr. President, I recog- tasks called for in that document to dress historic mining activities in the nize that the Clean Coal Technology determine whether those land use con- Silver Spar Land Acquisition, securing program is an important priority for trols are truly appropriate and are easements along the Upper Snake Senator BYRD and Senator DORGAN and proving to be effective. I am speaking River and South Fork of the Snake I urge the Department of Energy to of three tasks: the desert tortoise mon- River, and acquiring private land, the July 17, 2000 CONGRESSIONAL RECORD — SENATE S7039 Sulfur Creek Ranch, within the Frank thority—under the Antiquities Act—to Despite some controversy, the Presi- Church River of No Return Wilderness designate the Hanford Reach as a Na- dent’s designations have had the sup- area are all important projects. These tional Monument. port of members of Congress and the projects are all locally-driven, with Mr. President, it was the right thing public. In fact, I—along with many wide-spread support, and anxious will- to do. members of my state’s delegation in ing-sellers. That designation will help us recover the House—supported the President’s I recognize that the Subcommittee is salmon stocks, will ensure families can recent designation of the Hanford operating under significant financial continue to enjoy the Reach, and will Reach as a national monument. This restraints and that, unfortunately, not share the history of the Tri-Cities with designation was also supported by all worthy projects can be funded. It is the American public. And of course, many people in the Tri-Cities and my hope that if additional LWCF the designation will preserve a unique across the state. money becomes available, the Chair- habitat for future generations. Before I close I remind my colleagues man can revisit these important Idaho I hope that in the future, the Hanford that a similar amendment was included projects. I would ask the Chairman if Reach National Monument receives the in the House Interior bill as it was re- he would work with us in conference to attention and recognition that it de- ported by the Committee. Fortunately, evaluate these requests, with an eye serves. The Olympic National Park thanks to the leadership of Congress- toward inclusion in the conference re- began as a National Monument—one of man DICKS and Congressman BOEH- port. the first—designated by President Roo- LERT, that amendment was removed Mr. GORTON. I appreciate Senator sevelt in 1909. Many generations of from the House bill. However, before CRAPO’s interest in these projects. I am Americans have enjoyed the natural the amendment’s removal, the House familiar with these projects and recog- splendor that the Olympics and the bill received a veto threat because of nize the value in protecting these surrounding area offer. I hope that the this provision. We can certainly expect lands. Hanford Reach will also become a des- a similar veto threat from the Admin- I would be happy to work with the tination for Americans eager to learn istration if this amendment is adopted. Senator to reevaluate these projects in more about our past. For the first time in years, we have Unfortunately, the Nickles’ amend- the conference committee. If addi- the opportunity to pass a free standing ment would deny the possibility of tional LWCF funding becomes avail- Interior Appropriations bill into law. such protection to other deserving able, we will consider what can be done This amendment would seriously com- areas around the country. It is clear to address these needs. promise that possibility. that supporters of this amendment are Mr. CRAPO. I thank the Chairman. We should stand up for the people Mrs. MURRAY. Mr. President, our unhappy with the President’s use of and communities who are eager to Nation is blessed with many natural the Antiquities Act. But in the end, the share in the benefits of these national President has legally exercised the au- treasures that hold unique scientific or monuments. thority vested in him by the Act. Mr. President, I urge my colleagues cultural value. If this Congress is really unhappy to reject this amendment. That’s why in 1906 the Congress with the Antiquities Act, it could Mr. TORRICELLI. Mr. President, I passed and the President signed the amend the Act itself or override par- rise in support of the Bryan amend- Antiquities Act to give us a way to ticular designations. But we all know ment, which would ensure protection of protect these unique lands. that won’t happen. The reason it won’t our nations forests. This amendment Since 1906, presidents of all parties happen is because the majority of would cut $30 million from the Na- have used the act to designate over 100 Americans believe that the lands pro- tional Forest System’s forest products national monuments—including sev- tected under the Antiquities Act are program and would redirect $15 million eral which Congress later designated as deserving of such protection. to the Wildland Fire Management’s fire National Parks including the Grand The Grand Canyon, Devils Tower, Mt. preparedness program. The amendment Canyon, Grand Teton and Olympic Na- Olympus, Jackson Hole, Death Valley, would return the remaining funds to tional Parks. Joshua Tree—have all been named as the Treasury to reduce the national Each year, more than 50 million visi- national monuments. Few would argue debt. There are many reasons why I tors enjoy our country’s national these areas are not worthy of such rec- support this amendment, but let me monuments. Today, there are other ognition and protection. The fact is discuss just two. unique areas throughout our country many of these designations have been First, is the need to end corporate that hold similar value. Unfortunately, so popular that Congress later des- welfare. It is estimated that within the some of these remarkable areas are ignated them as national parks, often federal budget corporate welfare makes threatened by growth, development, expanding them at the same time. up anywhere from $86 billion (CATO In- and harvesting. Again, Olympic National Park in my stitute) to $265 billion (Progressive Pol- I believe we have a responsibility to home state is an example of such Con- icy Institute). A recent report by the protect these natural treasures. I be- gressional action. Green Scissors Coalition estimates lieve we have a responsibility to be a In 1906, Congress had the wisdom to that over a five year period the Federal good steward of these lands and to pass grant the President the power to pro- government will spend $36 billion on them on—untarnished—to future gen- tect important natural and historic wasteful and environmentally harmful erations areas of our country. The need for such projects such as the forest products I’m proud that Washington state is power is not at an end. Threats of de- program. home to the Hanford Reach—which is velopment and impacts from other ac- Second, simply, is that by passing the last-free flowing stretch of the Co- tivities will continue and in some cases this amendment, we enact good envi- lumbia River. During World War II and will lead to the recognition that great- ronmental policy. The continual con- the Cold War, the people of the Tri-Cit- er protection for certain federal lands struction of new roads required to ac- ies made sacrifices that helped our na- is warranted. At that time, the Presi- cess our nation’s forests removes tion end World War II and win the Cold dent, who ever she or he may be, ground cover and creates a channel for War. Because of the high security should have the ability to act as every water to run down, accelerates soil ero- around the nuclear facility, for decades President has since 1906. Indeed, since sion, weakens hillsides and fouls this part of the Columbia River and the the Antiquities Act was passed 14 of steams, destroying the foundation of surrounding land was protected from the 17 Presidents have used its powers. our recreational and commercial fish- development. Unfortunately, its future If it is indeed the will of Congress to eries. Logging roads are a major source was not certain. limit this historic power of the Presi- of non-point source water pollution. The Hanford Reach is a key salmon dency, then let us do so after a full and According to the National Forest Serv- spawning ground and as many of my public legislative process. This amend- ice, 922 communities receive their colleagues know we are working in the ment is simply a back-door attempt to drinking water from streams within Pacific Northwest to help recover our accomplish what the sponsor and sup- the national forests-streams that are once-abundant salmon stocks. I was porters know they cannot do through a polluted from contaminated run-off as- pleased that the President used his au- stand alone bill. sociated with construction. S7040 CONGRESSIONAL RECORD — SENATE July 17, 2000 The protection of our roadless areas sprawl is settling in over our open I’m fascinated by the claims of some is important because they represent an space. of my colleagues that the timber pro- important legacy for future genera- In a very exciting development, the gram is a subsidy to wealthy timber tions. Areas without roads are becom- House of Representatives recently and paper companies and the claims ing scarce in this country and in our passed LWCF legislation, and this bill that the timber program loses money national forests. Roadless areas pro- now stands in the Senate. I am hopeful because we’re giving timber away to vide significant benefits including: op- that the Senate will mark up its legis- these companies. If you truly believe portunities for dispersed recreation, lation this week, and I urge the Lead- that, I challenge you to visit forested clean, clear sources of public drinking ership to schedule floor time for this regions and speak with the families water; large undisturbed landscapes landmark initiative as soon as possible. who have lost their mills and the that provide privacy and seclusion; bul- Inscribed in one of the hallways of loggers who have lost their jobs. Talk warks against the spread of invasive our nation’s Capitol are the words of to the counties and the private land- species; habitat for fish and game and Theodore Roosevelt. He said: ‘‘The na- owners who cannot access to their own other rare plant and animal species. tion behaves well if it treats the nat- property because the Forest Service While I would prefer to see this pro- ural resources as assets which it must doesn’t have enough money to do the gram eliminated completely, at the turn over to the next generation in- environmental reviews. Or talk di- minimum timber companies should not creased, and not impaired in value.’’ rectly to the Forest Service personnel be subsidized by the taxpayers. The Let us act on this vision and pass this and let them tell you how lengthy and timber industry, like any other busi- extraordinary initiative during the costly environmental reviews and the ness, should bear its own costs. At a 106th Congress. overwhelming number of court chal- time when we are asking all Americans Mr. GRAMS. Mr. President, every lenges to those reviews are making the to do more with less, we should have year at this time it seems we’re here timber program so costly. the courage to ask the special interests on the Senate floor debating another Then go speak with state or county to at least pay their own way. I support attack on the Forest Service’s Timber land managers and ask them why their the Bryan amendment, and ask my col- Management Program. Every year timber programs are so successful. Ask leagues to join me by voting for this those who wish to eliminate logging in them why their lands are so much important initiative. our National Forests come up with an- more healthy than the federal lands While I have the floor, I will take a other angle which they claim helps and why they’re able to make money moment to comment on legislation protect the environment by elimi- with their timber programs. In Min- that the Senate will soon consider. The nating ‘‘wasteful’’ spending on logging nesota, St. Louis County only has to Conservation and Reinvestment Act practices. Every year people through- spend 26 cents in order to generate one would guarantee full funding for the out northern Minnesota and forested dollars of revenue in their timber pro- Land and Water Conservation Fund, regions across the country see their gram and the State of Minnesota spend and afford permanent protection to our jobs and their livelihoods threatened in 75 cents to generate one dollar of rev- nation’s threatened natural, cultural, the name of preservation or conserva- enue. The Superior National Forest, on and historical treasures. tion. And every year, those of us who the other hand, spend one dollar and In 1964, Congress made the decision represent the good people of the timber three cents to get the same results. to reinvest revenue from the develop- and paper industry in our states have I cannot see how my colleagues can ment of non-renewable resources into to fight, scratch, and claw our way to stand here on the Senate floor and tell acquisition and permanent protection a narrow victory that saves those jobs me that the forest and paper industry of key land, water, and open space. In and those families from economic ruin. in our country, and its employees, are the 30 years since its creation, the I come from a state in which the for- the bad guys. The forest and paper in- Land and Water Conservation Fund est and paper industry is vital to our dustry in America employs over 1.5 (LWCF) has been responsible for the economy. The reduction in the timber million people and ranks among the acquisition of nearly seven million program on National Forests has had a top ten manufacturing employers in 46 acres of parkland-contributing to the dramatic impact over the past ten states. These are good, traditional jobs creation of the Appalachian Trail, Ev- years on the number of jobs and the that help a family make a living, allow erglades and Rocky Mountain National economic vitality of northern Min- children to pursue higher education, Parks. In New Jersey, it helped fund nesota. According to Minnesota Forest help keep rural families in rural areas, the acquisition of Sterling Forest, and Industries (MFI), jobs provided by the and provide a legitimate a base from the Cape May and Walkill National timber program in Minnesota dropped which rural counties can fund basic Wildlife Refuges. from over 1,900 in 1987 to less than 1,100 services. These are jobs that we in Con- However, the LWCF is not a true last year, and they continue to decline. gress should be working diligently not trust fund in the way ‘‘trust fund’’ is The reduction in timber harvests on only to protect, but to grow. generally understood by the public. De- federal lands has had an equally dra- Unfortunately, many Members of spite the fact that by law, the revenues matic effect on unrealized economic Congress who advocate these ideas are supposed to go to the LWCF, Con- impacts. MFI estimates that unrealized have never taken the time to under- gress must appropriate the money be- economic benefits include over $10 mil- stand the positive economic and envi- fore it can be spent; if appropriations lion from timber sales, $25 million in ronmental benefits of science-based are not made, the revenues instead go federal taxes, $2.5 million in payments timber harvests. They’ve never sat to the General Treasury, to be spent on to states, and $116 million in commu- down with a county commissioner who defense, or roads, or whatever Congress nity economic impact in Minnesota doesn’t know where he is going to get decides. The practical effect is that alone. the money for some of the most basic historically, only a small portion of It’s important to point out that the services the county provides to its citi- the funds in the LWCF has actually timber program in National Forests zens. They’ve never considered that for been used for land preservation. have a very positive impact on the every 1 million board feet in timber At no time has full funding of the amount of federal money that goes to harvest reductions in Minnesota, 10 LWCF been more needed than today, as rural counties and schools. Nationally, people lose their jobs and over $570,000 the demands of development and sub- the program contribute $225 million to in economic activity is lost. And urbanization jeopardize land preserva- counties and schools each year through they’ve never taken the time to go into tion efforts. The United States loses 50 receipts from timber sales in national a health forest where prudent logging acres an hour to development. In New forests. In Minnesota, the timber pro- practices have been essential to ensur- Jersey, we know all too well the effects gram provided roughly $1.7 million to ing the vitality and diversity of spe- of suburban sprawl. Since 1961, New counties and schools in 1998 alone. If cies. Jersey has lost half a million acres to the timber program would have met its If Members of this body want to sprawl. This is not surprising when you allowable sale quantity in 1998, that make the timber program profitable consider that New Jersey ranks 9th in number would have risen to nearly $2.5 across the country, then we should terms of population. The reality is that million. have an honest debate about what July 17, 2000 CONGRESSIONAL RECORD — SENATE S7041 works and does not work in the pro- Wabasso Beach in Florida. It is the vey give special consideration to North gram. We should discuss frankly the ri- most important nesting area for log- Carolina’s needs and address the need diculous number of hoops public land gerhead sea turtles in the western for upgrades and enhancements managers have to jump through in hemisphere and the second most impor- through this appropriation. order to process a timber sale. I think tant nesting beach in the world. Mr. GORTON. I understand that the we need to discuss the fact that under Mr. MACK. I would like to join my USGS is willing to address North Caro- the Alaska National Interest Lands colleague in thanking Senators GORTON lina’s specific needs for stream gauges Conservation Act the federal govern- and BYRD and the Interior Appropria- and monitoring equipment through the ment must provide access across fed- tions Subcommittee for their support Real Time Hazards Initiative. The eral lands for state, county, and pri- for the Archie Carr National Wildlife Committee recognizes the unique dan- vate landowners to access their land. Refuge. Twenty percent of all logger- ger in North Carolina and, therefore, Yet in Minnesota, those landowners ei- head sea turtle and 35% of all green sea strongly encourages the USGS to en- ther have to wait a number of years or turtle nests in the United States occur sure that North Carolina’s stream pay for the environmental reviews in this twenty mile zone. Nesting den- gauges and monitoring devices are en- themselves because the Forest Service sities of 1,000 nests per mile have been hanced or upgraded to the degree pos- claims it doesn’t have enough money. recorded. Approximately half of this sible within appropriations provided We should also discuss openly the dra- area is available for acquisition. The for these types of activities. matic impact court challenges are hav- funds in this legislation will be critical ELECTRO-CATALYTIC OXIDATION (ECO) ing on the ability of the Forest Service in our ability to move forward on these Mr. DEWINE. Mr. President, I would to do its job and to carry out the tim- acquisitions. like to ask my colleagues, Senator ber program in a cost-effective manner. Mr. GRAHAM. Despite the impor- GORTON, Chairman of the Interior Ap- On top of that, it’s clear that under tance of this refuge to the loggerhead propriations Subcommittee; and Sen- this Administration the Forest Service sea turtle, there is no refuge station at ator BYRD, the Ranking Member of the doesn’t want a timber program that Archie Carr. The result is both a lack Subcommittee, about a new and inno- shows a profit and they’ve done an ef- of educational opportunities for visi- vative technology. Mr. Chairman, are fective job of using the powers of the tors and a lack of security at the ref- you aware of an emerging technology Executive Branch to vilify both the uge. I join my colleague, Senator known as electro-catalytic oxidation timber program and the men and MACK, in proposing that $200,000 of the (ECO), which has the potential to re- women of my state who rely upon that funds provided by the Fiscal Year 2001 duce emissions, as well as unusable by- program in order to meet their most Interior Appropriations bill for the Ar- products at coal-fired power plants? basic needs. chie Carr National Wildlife Refuge be Mr. GORTON. Mr. President, I would Virtually everyone in this body, in- available for use by the U.S. Fish and inform the Senator from Ohio that I cluding this Senator, is committed to Wildlife Service for the purpose of site have been made aware of ECO. the protection of our environment and evaluation for a visitor center/research Mr. DEWINE. I ask if he concurs that to the conservation of our wildlife spe- and education center. the Secretary of Energy should partici- cies and wildlife habitat. I believe we Mr. GORTON. Thank you, Senators pate in a full-scale demonstration of can expand upon our commitment to MACK and GRAHAM. I share your desire this technology that is planned for the wildlife and provide additional re- to support the need of our National near future. sources for habitat protection. But I do Wildlife Refuges, in particular the Mr. GORTON. I would certainly en- not believe we must do so on the backs needs of Archie Carr National Wildlife courage the Department to take a close of timber and paper workers through- Refuge, and will work with Senators look at this technology within the con- out the nation. I am willing to work MACK and GRAHAM to see if funds can text of its coal research programs, and with anybody in this chamber towards be identified to support site evaluation consider carefully any related research those conservation efforts, but let’s not for a visitor center/research and edu- or demonstration proposal that may be do it by pitting timber and paper work- cation center. submitted. ers against conservationists. Mr. BYRD. Thank you, Senator GOR- Mr. DEWINE. As the senior Senator We cannot simply stand here and TON. I, too, share the goal of ensuring from West Virginia is aware, the early claim that the Bryan amendment is an that our National Wildlife Refuge Sys- tests of this technology show a signifi- easy way to throw some money to- tem receives the funds it requires to cant reduction of nitrogen oxide (Nox), wards planning for the threat of forest preserve the critical habitat it was de- sulfur dioxide (SO2), mercury, and fine fires. Rather, this amendment is going signed to protect. I concur with your particulate matter. Would the Senator to take jobs from my constituents and position on the proposal made by Sen- agree that a cost-effective reduction of hurt the economy of the northern part ators GRAHAM and MACK. these emissions is in the best interest of my state. The Bryan amendment is NORTH CAROLINA’S STREAM GAUGES AND of coal-fired power consumers as well just one more step down the road to- MONITORING EQUIPMENT as the coal industry? ward eliminating logging on federal Mr. EDWARDS. I thank you for in- Mr. BYRD. I would agree with the land. This amendment is going to re- cluding my amendment to provide Senator from Ohio. duce the ability of a number of rural $1,800,000 in emergency funds for the Mr. DEWINE. I thank the very distin- counties in my state to make ends United States Geological Survey to re- guished senior Senator from West Vir- meet and to provide necessary services pair and replace stream monitoring ginia and would note that the Senator to residents. These are just a few of the equipment damaged by natural disas- from New Hampshire, the state were realities of the Bryan amendment and ters. As you know, your Committee ECO was developed, is optimistic about just a few of the reasons why I cannot recommended a significant increase in the potential of the technology. Would and will not support its passage. the USGS’s Real Time Hazards Initia- the Senator agree? ARCHIE CARR NATIONAL WILDLIFE REFUGE tive, including $3,100,000 for new or up- Mr. SMITH (of New Hampshire). I FUNDING graded stream gauging stations. would agree with my colleague from Mr. GRAHAM. Mr. President, I would 1999 was a devastating year for North Ohio and add that I applaud the inno- like to first thank my colleagues, Sen- Carolina. Hurricanes Floyd, Dennis and vative efforts that have led to the de- ators GORTON and BYRD for their sup- Irene did extensive damage across east- velopment of this emerging emissions port in obtaining $2 million in the Fis- ern North Carolina. And early indica- control technology. As many of you cal Year 2001 Interior Appropriations tions are that this hurricane season know, the Senate Environment and bill for the Archie Carr National Wild- will be just as active for North Caro- Public Works Committee is currently life Refuge. lina as last year. North Carolina’s working to develop a bill that will ad- Archie Carr National Wildlife Refuge stream gauges and monitoring equip- dress the significant problem of the was established in 1991. It is 900 acres ment are in desperate need of upgrade hodge-podge of overlapping Clean Air in Brevard County Florida which and enhancement. I respectfully re- Act regulation on utilities. Our goal is makes up the twenty mile section of quest that the Committee recommend to draft a comprehensive, multi-pollut- coastline from Melbourne Beach to that the United States Geological Sur- ant bill to provide a more sensible S7042 CONGRESSIONAL RECORD — SENATE July 17, 2000 emission control regime on utilities Ms. COLLINS. Phase II of the West project and your support for what is while at the same time achieving Branch project consists of the remain- currently the largest single land con- greater reductions of pollutants than is ing acreage of approximately 580,000 servation project in the world. I would currently possible under the Clean Air acres of what is one of the largest con- like to point out that, for any appro- Act. New technologies, much as tiguous blocks of forest under single priation to work under the agreement, electro-catalytic oxidation will be management in the eastern United I urge you to allocate the funds critically important to our ability to States and has sustained a flow of tim- through the National Fish and Wildlife successfully revise our approach to ber products for more than 100 years. Foundation to the New England For- utility emission control. I would sup- Mr. GORTON. I appreciate the Sen- estry Foundation, which will hold the port any efforts to expedite the devel- ators’ interest in this worthy project easement for the Pingree land. opment of this technology. and I would be happy to work with the Ms. COLLINS. I would like to add Mr. DEWINE. Mr. President, I thank Senators to ensure appropriate consid- that, in the past, all of NFWF’s federal the Chairman of the Environment and eration is given to these projects in grants have been appropriated through Public Works Committee for his sup- Conference. a designation to the U.S. Fish and port of this important technology, and Ms. SNOWE. The second Forest Leg- Wildlife Service’s Land and Water Con- I would welcome the opportunity to acy project, Mr. Chairman, known as servation Fund, and NFWF has re- more closely examine his proposals re- Mt. Blue/Tumbledown Mountain, is a ceived funds from the Forest Service lated to Clean Air reauthorization, and two-phase project totaling approxi- for grants over the past ten years. comment on them at a future time. I mately 33,400 acres and will protect NFWF’s excellent track record gives also thank the Chairman of the Inte- some of Maine’s most scenic areas—in- me confidence that it is the right stew- rior Subcommittee and the senior Sen- cluding Tumbledown Mountain, Jack- ard of this important project. ator from West Virginia and would en- son Mountain, Blueberry Mountain and Mr. GORTON. I agree that this clari- courage them to consider the benefits trailheads leading to these peaks. fication is necessary and agree that the of ECO to consumers of coal-fired Ms. COLLINS. An amount of $1.2 mil- funds should be allocated through power as well as coal producing states lion in Forest Legacy funding will NFWF. when this bill moves to conference allow the acquisition in fee of 3,600 Ms. SNOWE. Once again, I thank my with the other body. acres immediately adjacent to Maine’s distinguished colleague from Wash- FY 2001 INTERIOR APPROPRIATIONS FOR MAINE Mt. Blue State Park, and will bring ington State and praise his continuing PROJECTS needed protections to Maine’s scenic efforts for the conservation of our na- Ms. SNOWE. Mr. President, Maine and the nation have an opportunity to and popular Western Mountain region. tion’s private lands, especially those of accomplish an enormously meaningful I want to express my strong support for great importance to the people of level of forest protection in Maine’s 10 the project. Maine. million acre Northern Forest if signifi- Mr. GORTON. Once again, I appre- Ms. COLLINS. I also thank you for cant funding for Forest Service ac- ciate the Senators’ interest in this your support, Mr. Chairman, for sup- counts is allocated for Maine projects worthy project and I would be pleased porting these appropriations that will in fiscal year 2001. In the last two to work with the Senators to see that enable Pingree land to continue to sup- years, an astounding 20 percent of this project is considered fully in Con- ply area mills and support the local Maine’s total forestland acreage has ference. economy while allowing the public con- changed ownership, an occurrence that Ms. SNOWE. I also want to thank tinued recreational access. represents a significant shift in the you for your appropriations support for Mr. SANTORUM. Mr. President, I pattern of stable long-term ownership funds for the Pingree Forest, which is would like to engage in a brief colloquy and use that has characterized the an excellent example of private sector with the distinguished Chairman of the Maine woods for at least the last hun- cooperation and conservation, while at Interior Appropriations Subcommittee, dred years. the same time preserving the working Senator GORTON, concerning future Ms. COLLINS. The Senior Senator forests of our State. The Pingree Fam- demonstration projects under the for Maine is correct, Mr. Chairman. ily of Maine has been exemplary in the Clean Coal Technology program. Mr. This tremendous turnover calls into way it has managed its lands for seven President, clarifying the intent of the question whether the traditional use of generations—160 years. As you are program will be helpful in my efforts to these lands for forestry and for outdoor aware, the Pingree Family has entered ensure that a very worthwhile initia- recreational activities will continue. into the Pingree Forest Partnership tive in Pennsylvania received full con- We are fortunate that the present own- with the New England Forestry Foun- sideration by the Department of En- ers of these valuable lands are offering dation, which has committed to raise ergy. an opportunity to secure their lasting $30 million for a conservation easement The lack of a coherent and consistent protection and productivity. I, along on 754,673 acres of land in Northern and energy policy has contributed to the with Senator SNOWE, support these ef- Western Maine. high fuel prices that have hit the work- forts through funding from the Forest Ms. COLLINS. The New England For- ing families in Pennsylvania and across Legacy Program and the Forest Serv- estry Foundation is within $11.5 mil- the nation very hard. It is the lack of ice’s land acquisition program and lion of its goal, which, under the terms a national energy policy that has led to hope we can work together during this of the partnership agreement with the our nation’s reliance on foreign oil. appropriations process to take advan- Pingree family, must be met by De- Today, we import 56 percent of our tage of the opportunity afforded us at cember 31 of this year. I would note fuel. This is the highest level in the this time. that the Pingree Family has agreed to history of our country. For a historical Ms. SNOWE. Mr. President, I want to sell this easement on their land at only perspective, we only imported 36 per- thank you for your strong support for $37.10 an acre. cent of our oil during the energy crisis Forest Legacy funding in FY 2000 in ap- Mr. GORTON. I am very much in sup- of the 1970s. proving $3 million Title 6 funding for port of what the parties are trying to Mr. President, we must reduce our Maine for Phase I of the 656,000 acre preserve—a way of life through for- reliance on imported oil. We must con- West Branch project. This funding, estry in Maine and the conservation of serve energy resources, improve energy along with the $2 million already allo- the magnificent Northeast forests of efficiencies, and increase domestic en- cated from the state grant portion of this nation—and I will carry that sup- ergy supplies. We also need to aggres- LWCF, will complement the $4 million port into conference. Funding of this sively expand our research and develop- being secured through non-federal project is certainly a wise use of fed- ment efforts to encourage the use of sources for the conservation and pro- eral funds for the conservation of out- domestic renewable energy sources. tection of 70,000 acres of undeveloped standing undeveloped lands, and also The Pennsylvania initiative that I forestland, including more than 100 keeping the Maine woods in sustain- referred to would do just that by devel- miles of undeveloped shoreline along able forestry. oping a facility that would convert An- Moosehead Lake, Seboomook Lake, Ms. SNOWE. I thank you for your thracite culm to a clean diesel fuel. and several smaller lakes. close scrutiny of the merits of this The project would produce 1.4 million July 17, 2000 CONGRESSIONAL RECORD — SENATE S7043 barrels a year of zero-sulfur, high-en- current resolution on the budget for fiscal The PRESIDING OFFICER. The Sen- ergy diesel fuel, at the same time re- year 2001. ator from Delaware has the floor. claiming land now rendered unusable f Does he yield for a quorum call? and environmentally damaging. Addi- AMENDMENT NO. 3876, WITHDRAWN Mr. REID. Isn’t his minute up? tionally, it would create 1,000 construc- Mr. MOYNIHAN. Mr. President, there tion and 150 permanent jobs. Mr. REID. Mr. President, I ask unan- is no quorum call. Would the Senator agree that the es- imous consent, on behalf of Senator I urge the adoption of the chairman’s tablishment of such a facility, whose DODD, that his amendment No. 3876 be proposal. principal focus is to develop domestic withdrawn from consideration with re- The PRESIDING OFFICER. The renewable energy sources by trans- spect to H.R. 4810. chairman has requested a modification forming coal and coal waste into high The PRESIDING OFFICER. Without of the motion. quality diesel fuel, is the type of activ- objection, it is so ordered. Is there objection? ity that the Clean Coal Technology Mr. MOYNIHAN. Mr. President, I Mr. MOYNIHAN. As modified, sir. program should encourage? suggest the absence of a quorum. The PRESIDING OFFICER. Without Mr. GORTON. I agree with my friend The PRESIDING OFFICER. The objection, the motion is so modified. that the Clean Coal Technology pro- clerk will call the roll. Mr. ROTH. Mr. President, I ask that gram is meant to encourage projects The legislative clerk proceeded to we vitiate the yeas and nays on the that develop environmentally-friendly call the roll. motion. technologies, such as coal conversion. I Mr. ROTH. Mr. President, I ask unan- The PRESIDING OFFICER. Is there believe that the Department of Energy imous consent that the order for the objection to the substance of the mo- should use its limited funding re- quorum call be rescinded. tion, which is now a unanimous con- Mr. President, what is the regular sources to expand its efforts to encour- sent request? order? age the development of domestic re- Without objection, it is so ordered. The PRESIDING OFFICER. The newable energy sources. The revisions are so adopted. question is on the motion to waive by Mr. SANTORUM. As this bill moves Mr. MOYNIHAN. That is the spirit. the Senator from Delaware. forward into conference, is it the Sen- Let’s get on with it. ator’s intention to seek adequate fund- AMENDMENTS NOS. 3868 THROUGH 3873, Mr. ROTH. All right. ing for the Clean Coal Technology pro- WITHDRAWN Mr. STEVENS. Mr. President, I ask MOTION TO COMMIT gram so that the Department of En- The PRESIDING OFFICER. The ergy can begin a new round of dem- unanimous consent to withdraw all six of my pending amendments. question is now on the motion of the onstration projects, including a project Senator from Wisconsin to commit the such as the Pennsylvania initiative I The PRESIDING OFFICER. Is there objection? bill to the Finance Committee. have described here today? Who yields time? Mr. GORTON. As my colleague is Mr. MOYNIHAN. I second the motion. Mr. WARNER. Mr. President, the aware, the Senate report accom- Senate is again considering legislation panying the FY 2001 Interior bill di- The PRESIDING OFFICER. Without objection, it is so ordered. that will provide, at long last, relief rects the Department to report on op- from the marriage tax penalty. tions for a new solicitation in the There are 2 minutes of debate equally divided on the motion of the Senator The marriage tax penalty unfairly af- Clean Coal program. In the context of fects middle class married working preparing this report, and in con- from Delaware to waive. Mr. REID. I couldn’t hear the Chair. couples. For example, a manufacturing ducting any future solicitation, I would What did the Chair say? plant worker makes $30,500 a year in expect the Department to give full con- The PRESIDING OFFICER. There salary. His wife is a tenured elemen- sideration to such worthwhile projects are 2 minutes of debate equally di- tary school teacher, also bringing as the one described by my friend from vided. home $30,500 a year in salary. If they Pennsylvania. Mr. REID. But the amendments of both file their taxes as singles they Mr. President, with 1 minute to the Senator from Alaska were with- would pay 15 percent in income tax. spare, that concludes the introduction drawn. Is that right? But if they choose to live their lives in of all amendments pursuant to the The PRESIDING OFFICER. Yes. holy matrimony and file jointly, their unanimous consent agreement of last MODIFICATION OF MOTION combined income of $61,000 pushes week. them into a higher tax bracket of 28%. I repeat, if Members wish to speak to Mr. ROTH. Mr. President, it was my The result is a tax penalty of approxi- these amendments, they may do so intention when I moved to raise this mately $1,400. after the conclusion of all of the votes point of order, the waiver for the Lott The Republican marriage penalty re- on H.R. 4810, which will begin almost wraparound amendment, that it be a lief bill eliminates this unfairness immediately. These amendments, to comprehensive waiver to this point of without shifting of the tax burden and the extent that they require rollcall order for the different permutations of without increasing taxes on any indi- votes, will be voted on tomorrow, with the earned-income tax proposals con- vidual. Middle and low income families the exception of the Bingaman amend- tained in both the majority and minor- would benefit as much as earners with ment. It has 15 minutes for debate to- ity proposals. However, the majority higher incomes. morrow. leader subsequently offered an amend- According to the Congressional Budg- Mr. REID. If the Senator will yield, I ment that will be considered later. et Office, almost half of all married think we agree that we have heard ade- I ask unanimous consent that the couples—21 million—are affected by quate explanation previous times about Lott amendment be included in the the marriage penalty. Over 640,000 cou- these amendments. The Senator is not original waiver that I raised. ples in Virginia are affected, according soliciting more comments, is he? Specifically, the new motion is to Mr. GORTON. The Senator from Ne- waive all points of order under the to one study. vada states my position perfectly. budget process arising from the earned- Most of the tax relief under our plan goes to the middle class. The Congres- f income credit component in this pending tax—the amendment by Senator sional Joint Committee on Taxation’s MARRIAGE TAX PENALTY RELIEF MOYNIHAN, the amendment offered by distribution analysis estimates that RECONCILIATION ACT OF 2000 Senator LOTT, the House companion couples making under $75,000 annually The PRESIDING OFFICER. Under bill, any amendment between the will be the biggest winners. Addition- the previous order, the hour of 6:15 p.m. Houses, and any conference reports ally, the Joint Tax Committee esti- having arrived, the Senate will resume thereon. mates that couples earning between consideration of H.R. 4810. The PRESIDING OFFICER. Is there $20,000 and $30,000 will receive the big- The assistant legislative clerk read objection to the modification? gest percentage reduction in their fed- as follows: Mr. REID. Reserving the right to ob- eral taxes out of any income level, with A bill (H.R. 4810) to provide for reconcili- ject, Mr. President, I suggest the ab- couples making between $30,000–$40,000 ation pursuant to section 103(a)(1) of the con- sence of a quorum. fairing almost as well. S7044 CONGRESSIONAL RECORD — SENATE July 17, 2000 This money belongs to the taxpayers. The PRESIDING OFFICER. Is there a 3863, and related amendments and mo- With a surplus of over $2 trillion, not sufficient second? tions be considered next, and that including Social Security, all tax- There is a sufficient second. amendment No. 3863 be considered ger- payers are entitled to a return of their The question is on agreeing to the mane. tax overpayment. In addition, the fed- motion. The clerk will call the roll. The PRESIDING OFFICER. Is there eral government, through tax policy, The assistant legislative clerk called an objection? should not discourage either parent the roll. Without objection, it is so ordered. from staying at home with children. Mr. NICKLES. I announce that the Mr. ROTH. Mr. President, what is the The government should not penalize a Senator from Oklahoma (Mr. INHOFE), pending business? family simply because it takes both the Senator from Arkansas (Mr. MOTION TO WAIVE spouses working outside of the home to HUTCHINSON), the Senator from Texas The PRESIDING OFFICER. The make ends meet. Being a stay at home (Mrs. HUTCHISON) and the Senator from pending business is the Roth motion to parent should be rewarded. Virginia (Mr. WARNER), are necessarily waive the Budget Act for the amend- The Congressional Budget Office esti- absent. I further announce that the ments that would strike the sunset mates that taxpayers will send Uncle Senator from Georgia (Mr. COVERDELL) provisions in the bill and the Demo- Sam almost $2 trillion in additional is absent due to illness. cratic alternative. surplus taxes over the next ten years— I further announce that, if present Mr. ROTH. Mr. President, the Fi- after Congress has locked up 100% of and voting, the Senator from Okla- nance Committee complied with the Social Security surplus and paid down homa (Mr. INHOFE), would vote ‘‘no.’’ Byrd rule by terminating or sunsetting the public debt. This proposal gives Mr. REID. I announce that the Sen- the tax cuts in the bill generally on De- back to the middle class families just ator from West Virginia (Mr. ROCKE- cember 31, 2004. I note the Finance 10 cents out of every surplus dollar FELLER) is necessarily absent. Committee Democratic alternative they send to Washington. As I have The PRESIDING OFFICER. Are there contained a similar sunset provision. said before, the Federal government any other Senators in the Chamber de- The case before us that benefits a sim- should not put a price tag on the sac- siring to vote? ple, broad-based tax policy change that rament of marriage. The result was announced—yeas 45, reduces some of the tax burden placed Mr. MOYNIHAN. Mr. President, are nays 49, as follows: on married couples, outweighs the im- there 2 minutes equally divided for the [Rollcall Vote No. 198 Leg.] plications of the Byrd rule. rest of the evening? Frankly, I think there are few more The PRESIDING OFFICER. That is YEAS—45 correct. Akaka Durbin Levin compelling cases for waiving the Byrd Mr. MOYNIHAN. Mr. President, I Baucus Edwards Lieberman rule. Clearly, though, we differ on how Bayh Feingold Lincoln to deliver it. Every Senator should yield 1 minute to the Senator from Biden Feinstein Mikulski Wisconsin. Bingaman Graham Moynihan place an importance on permanent Mr. FEINGOLD. Mr. President, this Boxer Harkin Murray marriage tax relief. I urge my col- Breaux Hollings Reed leagues to strike a blow for permanent motion requires we do first things first. Bryan Inouye Reid It says we should pass marriage pen- Byrd Johnson Robb marriage tax relief and support my mo- alty relief, but it also says we should Chafee L., Kennedy Sarbanes tion to waive the Byrd rule. substantially extend the solvency of Cleland Kerrey Schumer The PRESIDING OFFICER. The Sen- Conrad Kerry Torricelli ator from New York. Social Security and Medicare at the Daschle Kohl Voinovich same time. By 2037, the Social Security Dodd Lautenberg Wellstone Mr. MOYNIHAN. I regret that I have trust fund will have consumed all of its Dorgan Leahy Wyden to disagree with my chairman. The Byrd rule has proved such an impor- assets. By 2025, the Medicare HI trust NAYS—49 tant measure to maintain budgetary fund will have consumed all of its as- Abraham Frist Murkowski sets. Allard Gorton Nickles discipline. It has brought about the To fix Social Security and Medicare, Ashcroft Gramm Roberts present happy circumstances; and this we can make small changes now or big Bennett Grams Roth is no time, in our view, to move back Bond Grassley Santorum to earlier practices which were so dev- changes later. That is why President Brownback Gregg Sessions Clinton was right when he said ‘‘save Bunning Hagel Shelby astating in their effect during the Social Security first.’’ It would be irre- Burns Hatch Smith (NH) 1980s. sponsible to enact tax cuts this size be- Campbell Helms Smith (OR) Mr. ROTH. Mr. President, have the Cochran Jeffords Snowe fore doing anything about Social Secu- Collins Kyl Specter yeas and nays been ordered? rity and Medicare. Before the Senate Craig Landrieu Stevens The PRESIDING OFFICER. They passes tax cuts this size, the Finance Crapo Lott Thomas have not. Committee should report a plan to ex- DeWine Lugar Thompson Mr. ROTH. Mr. President, I ask for Domenici Mack Thurmond tend Social Security and Medicare. We Enzi McCain the yeas and nays. should do first things first. That is Fitzgerald McConnell The PRESIDING OFFICER. Is there a sufficient second? what this motion requires. NOT VOTING—6 The PRESIDING OFFICER. Who There appears to be a sufficient sec- Coverdell Hutchison Rockefeller yields time in opposition? Hutchinson Inhofe Warner ond. Mr. ROTH. Mr. President, Senator The question is on agreeing to the FEINGOLD’s motion to commit to the The motion was rejected. motion. The clerk will call the roll. Finance Committee will not accom- Mr. ROTH. I move to reconsider the The legislative clerk called the roll. plish its stated purpose of Social Secu- vote and move to lay that motion on Mr. NICKLES. I announce that the rity and Medicare reform. The bill be- the table. Senator from Oklahoma (Mr. INHOFE), fore the Senate is limited under the The motion to lay on the table was the Senator from Arkansas (Mr. budget resolution to tax cuts. As chair- agreed to. HUTCHINSON), the Senator from Texas man of the Finance Committee, I can The PRESIDING OFFICER. The Sen- (Mrs. HUTCHISON), and the Senator tell you we are actively pursuing a real ator from Delaware. from Virginia (Mr. WARNER) are nec- bipartisan Medicare reform package. AMENDMENT NO. 3849 WITHDRAWN essarily absent. Our efforts are not a political stunt, Mr. ROTH. Mr. President, I ask unan- I further announce that the Senator like this motion. On Social Security imous consent to withdraw Senator from Georgia (Mr. COVERDELL) is ab- reform, everyone believes that it is a BROWNBACK’s amendment No. 3849. sent due to illness. worthy goal but not one where there is The PRESIDING OFFICER. Without I further announce that if present currently a bipartisan consensus. I objection, it is so ordered. and voting, the Senator from Okla- urge my colleagues to reject Senator The Senator from New York. homa (Mr. INHOFE) would vote ‘‘yes.’’ FEINGOLD’s motion. Mr. MOYNIHAN. Mr. President, I ask The PRESIDING OFFICER (Mr. Mr. FEINGOLD. I ask for the yeas unanimous consent that the Demo- BROWNBACK). Are there any other Sen- and nays. cratic alternative, amendment No. ators in the Chamber desiring to vote? July 17, 2000 CONGRESSIONAL RECORD — SENATE S7045 The yeas and nays resulted—yeas 48, Mr. ROTH. Mr. President, on amend- Mr. ROTH. Have the yeas and nays nays 47, as follows: ment No. 3865, I yield back the time been ordered? [Rollcall Vote No. 199 Leg.] and I will make a point of order that it The PRESIDING OFFICER. No. YEAS—48 is in violation of the Byrd rule. Mr. ROTH. I so request. The PRESIDING OFFICER. Is there a Abraham Fitzgerald McConnell The PRESIDING OFFICER. Does the Allard Frist Murkowski Senator from New York yield back his sufficient second? Ashcroft Gorton Nickles time? There is a sufficient second. Bennett Gramm Roberts Mr. MOYNIHAN. Yes. Mr. MOYNIHAN. Mr. President, we Bond Grams Roth Mr. ROTH. Again, I make a point of are now having 10-minute votes, under Brownback Grassley Santorum the previous order; is that right? Bunning Gregg Sessions order that this amendment is in viola- Burns Hagel Shelby tion of the Byrd rule of the Budget Act. The PRESIDING OFFICER. The Sen- Campbell Hatch Smith (NH) The PRESIDING OFFICER. The ator is correct. Cochran Helms Smith (OR) The PRESIDING OFFICER. The point of order is sustained. Collins Jeffords Snowe question is on agreeing to amendment Craig Kyl Specter AMENDMENT NO. 3863 No. 3863 of the Senator from New York. Crapo Lott Stevens Mr. MOYNIHAN. Mr. President, I will DeWine Lugar Thomas The clerk will call the roll. Domenici Mack Thompson exercise a brief 1 minute to describe The assistant legislative clerk called Enzi McCain Thurmond the Democratic alternative, which is the roll. NAYS—47 now to be offered. Mr. NICKLES. I announce that the The PRESIDING OFFICER. The Sen- Akaka Edwards Lieberman Senator from Arkansas (Mr. HUTCH- Baucus Feingold Lincoln ator from New York is recognized. INSON), the Senator from Texas (Mrs. Bayh Feinstein Mikulski Mr. MOYNIHAN. Mr. President, this HUTCHISON), and the Senator from Biden Graham Moynihan amendment can be described in one Oklahoma (Mr. INHOFE), are necessarily Bingaman Harkin Murray sentence. There are not many such, Boxer Hollings Reed absent. Breaux Inouye Reid and I would hope the body might hear I further announce that the Senator Bryan Johnson Robb me: We propose that married couples from Georgia (Mr. COVERDELL) is ab- Byrd Kennedy Rockefeller be enabled to file jointly or singly, pe- sent due to illness. Chafee, L. Kerrey Sarbanes Cleland Kerry Schumer riod, end of subject. I further announce that, if present Conrad Kohl Torricelli There are, sir, 65 marriage penalties and voting, the Senator from Okla- Daschle Landrieu Voinovich in the Tax Code. This amendment abol- homa (Mr. INHOFE) would vote ‘‘no.’’ Dodd Lautenberg Wellstone ishes them all. It would not allow the The PRESIDING OFFICER. Are there Dorgan Leahy Wyden Durbin Levin alternative minimum tax to take away any other Senators in the Chamber de- the benefits of marriage penalty relief siring to vote? NOT VOTING—5 either. Whereas we have before us as a The result was announced—yeas 46, Coverdell Hutchison Warner basic amendment that which would nays 50, as follows: Hutchinson Inhofe only take care of one marriage penalty [Rollcall Vote No. 200 Leg.] The PRESIDING OFFICER. On this and touch two others, here is the op- YEAS—46 motion, the yeas are 48, the nays 47. portunity to get rid of them all. Akaka Edwards Lieberman Three-fifths of the Senate duly chosen In our tax system, no matter how Baucus Feingold Lincoln and sworn not having voted in the af- large or small, whatever we do, we Bayh Feinstein Mikulski firmative, the motion is rejected. Biden Graham Moynihan must see that the American public be- Bingaman Harkin Murray Mr. SANTORUM. Mr. President, I lieves the tax system is fair. If there is Boxer Hollings Reed move to reconsider the vote. a considerable judgment anywhere that Breaux Inouye Reid Mr. BURNS. I move to lay that mo- something is not fair, then it ought to Bryan Johnson Robb tion on the table. Byrd Kennedy Rockefeller be corrected. Our amendment will do Chafee, L. Kerrey Sarbanes The motion to lay on the table was that, sir. Cleland Kerry Schumer agreed to. Thank you. Conrad Kohl Torricelli The PRESIDING OFFICER. The Sen- Mr. ROTH. Mr. President, this Daschle Landrieu Wellstone Dodd Lautenberg Wyden ator from Alaska is recognized. amendment is the same one we consid- Dorgan Leahy Mr. STEVENS. Mr. President, I ask ered in the Finance Committee. Sup- Durbin Levin unanimous consent to have 30 seconds porters of this amendment claim it is NAYS—50 to make an announcement. preferable because it is more targeted, Abraham Frist Nickles The PRESIDING OFFICER. Without that it only benefits certain married Allard Gorton Roberts objection, it is so ordered. families, and that it provides more Ashcroft Gramm Roth Mr. STEVENS. Mr. President, tomor- comprehensive marriage penalty relief. Bennett Grams Santorum Bond Grassley Sessions row, in S–128, models of the National I do not shy away from the fact that Brownback Gregg Shelby World War II Memorial will be on dis- our bill benefits virtually every Amer- Bunning Hagel Smith (NH) play for all Members and staff to see. ican family. I welcome it. The Joint Burns Hatch Smith (OR) We encourage you to take a look at the Committee on Taxation tells us that Campbell Helms Snowe Cochran Jeffords Specter models of this new memorial that will our bill will help over 45 million fami- Collins Kyl Stevens be on The Mall soon, we hope. lies. They also tell us the Democratic Craig Lott Thomas The PRESIDING OFFICER. The Sen- alternative will assist only 24 million. Crapo Lugar Thompson DeWine Mack Thurmond ator from Delaware is recognized. Our bill also addresses the marriage Domenici McCain Voinovich Mr. ROTH. Mr. President, I yield penalty without creating a new pen- Enzi McConnell Warner back my time. alty—a so-called homemaker penalty. Fitzgerald Murkowski The PRESIDING OFFICER. The Sen- With our approach, all married couples NOT VOTING—4 ator from New York. with the same income will be treated Coverdell Hutchison Mr. MOYNIHAN. Mr. President, I alike. This cannot be said of the alter- Hutchinson Inhofe yield back our time, and I raise a point native. The amendment (No. 3863) was re- of order that the Roth amendment No. Finally, the Democratic alternative jected. 3864 to strike would worsen the Na- includes that income cap. If we are se- Mr. ROTH. I move to reconsider the tion’s fiscal position in years beyond rious about addressing the inequity of vote. those reconciled in the budget resolu- this tax, we should not make this an Mr. MOYNIHAN. I move to lay that tion and, thus, violates section issue of rich versus poor. Our bill is motion on the table. 313(b)(1)(e) of the Congressional Budget fair, it is comprehensive, and it is the The motion to lay on the table was Act of 1974. right thing to do. I urge my colleagues agreed to. The PRESIDING OFFICER. The to oppose this Democratic substitute. Mr. LOTT. Mr. President, before we point of order is sustained and the The PRESIDING OFFICER. All time proceed, I don’t want to delay the pro- amendment falls. has expired. ceedings too long, but we are all very S7046 CONGRESSIONAL RECORD — SENATE July 17, 2000 much aware our friend and colleague is I further announce that, if present Employers who promise retiree cov- undergoing a difficult recovery at this and voting, the Senator from Okla- erage and then drop it will have to time and I know he has been on our homa (Mr. INHOFE) would vote ‘‘no.’’ allow early retirees to have COBRA- mind. I appreciate the Chaplain includ- The PRESIDING OFFICER (Mr. FITZ- continued coverage until they qualify ing him in the opening prayer this GERALD). Are there any other Senators for Medicare. morning. Could I ask my colleagues to in the Chamber desiring to vote? Second, it would create a 25-percent join me now in a moment of silence for The result was announced—yeas 40, tax credit for COBRA premiums gen- our colleague, a silent prayer, for his nays 56, as follows: erally. This credit will improve access speedy recovery. [Rollcall Vote No. 201 Leg.] to and affordability of health insurance (Moment of silence.) YEAS—40 for this very vulnerable group. The Mr. LOTT. I thank my colleagues. Akaka Harkin Mikulski amendment pays for this health cov- AMENDMENT NO. 3845 Boxer Hollings Moynihan erage by eliminating an inequitable The PRESIDING OFFICER. The Breaux Inouye Murray tax loophole: the percentage depletion pending business is the amendment of Byrd Johnson Reed Chafee, L. Kennedy Reid allowance for hard rock minerals the Senator from Wisconsin, Senator Cleland Kerrey Robb mined on Federal public lands. FEINGOLD, amendment No. 3845. There Daschle Kerry Rockefeller I thank the Chair. are 2 minutes equally divided between Dodd Kohl Sarbanes The PRESIDING OFFICER. Who each side. Dorgan Landrieu Schumer Durbin Lautenberg Torricelli yields time in opposition? The Senator from Wisconsin. Edwards Leahy Wellstone Mr. FEINGOLD. Mr. President, this Mr. ROTH. I yield such time as the Feingold Levin Wyden Senator from Nevada may use. amendment cuts taxes for 7 of 10 tax- Feinstein Lieberman payers who take a standard deduction Graham Lincoln The PRESIDING OFFICER. The Sen- ator from Nevada. and ensures that many working Ameri- NAYS—56 Mr. REID. Mr. President, this amend- cans would not owe any income taxes Abraham DeWine McConnell at all. It would increase the standard Allard Domenici Murkowski ment would be devastating to one of deduction for individuals by $250, and Ashcroft Enzi Nickles the finest industries in America today: would also increase the standard de- Baucus Fitzgerald Roberts hard rock mining. It is a net exporter Bayh Frist Roth of gold especially. Tens of thousands of duction for heads of households. It Bennett Gorton Santorum would continue to increase the stand- Biden Gramm Sessions jobs will be wiped out. These are the ard deduction for married couples to Bingaman Grams Shelby highest paid blue-collar jobs in Amer- twice that of an individual. It is paid Bond Grassley Smith (NH) ica. Brownback Gregg Smith (OR) for by striking the provision in the bill Bryan Hagel Snowe This amendment is bad. We should do that benefits only taxpayers in the top Bunning Hatch Specter everything we can to defeat it. There- quarter of the income distribution by Burns Helms Stevens fore, Mr. President, I move that the expanding tax brackets. Campbell Jeffords Thomas pending amendment is not germane Cochran Kyl Thompson My amendment better targets the Collins Lott Thurmond and raise a point of order that the marriage penalty relief and would sim- Conrad Lugar Voinovich amendment violates section 305(b)(2) of plify taxes and free many from paying Craig Mack Warner the Congressional Budget Act of 1974. income taxes altogether. The tradeoff Crapo McCain The PRESIDING OFFICER. The Sen- is clear. Strike the new benefits for the NOT VOTING—4 ator from Wisconsin. best off quarter of taxpayers to fund Coverdell Hutchison Mr. FEINGOLD. Mr. President, pur- benefits for 7 out of 10 taxpayers. Hutchinson Inhofe suant to section 904(c) of the Congres- Mr. ROTH. Mr. President, this The amendment (No. 3845) was re- sional Budget Act, I move to waive the amendment would strike the increase jected. applicable section of that act for con- in the rate brackets of the underlying Mr. MOYNIHAN. Mr. President, I sideration of my amendment, and I ask bill. As my colleagues may know, in move to reconsider the vote. for the yeas and nays. dollar terms, the greatest source of Mr. STEVENS. I move to lay that The PRESIDING OFFICER. Is there a marriage penalty for American fami- motion on the table. sufficient second? lies is the rate brackets. Under current The motion to lay on the table was There appears to be a sufficient sec- law, for instance, the 15 percent rate agreed to. ond. bracket ends for singles at $26,250; it AMENDMENT NO. 3846 The question is on agreeing to the ends for couples at $43,850. Our bill has The PRESIDING OFFICER (Mr. FITZ- motion. The clerk will call the roll. remedied that unfairness by phasing in GERALD). There are now 2 minutes The assistant legislative clerk called a doubling of the married couples’ rate evenly divided on the Feingold amend- the roll. bracket so that it ends at twice the ment No. 3846. Mr. NICKLES. I announce that the ending point of the single’s bracket. The Senator from Wisconsin. Senator from Arkansas (Mr. HUTCH- While I agree that a further increase Mr. FEINGOLD. The vital program in the standard deduction is a good INSON) is necessarily absent. known as COBRA helps ensure that I further announce that the Senator idea, I do not believe we should do it at people who lose their jobs do not lose the expense of the increase in the rate from Georgia (Mr. COVERDELL) is ab- their health insurance at the same brackets. Accordingly, I must oppose sent due to illness. time. The PRESIDING OFFICER. Are there this amendment. Mr. BYRD. Mr. President, can we Mr. FEINGOLD. Mr. President, I ask any other Senators in the Chamber de- have order in the Senate so we can for the yeas and nays. siring to vote? The PRESIDING OFFICER. Is there a hear what the Senator is saying? The yeas and nays resulted—yeas 30, sufficient second? The PRESIDING OFFICER. The Sen- nays 68, as follows: ate will be in order. Senators will There is a sufficient second. [Rollcall Vote No. 202 Leg.] please take their conferences off the The question is on agreeing to YEAS—30 amendment No. 3845. The clerk will floor. The Senator from Wisconsin. Akaka Graham Mikulski call the roll. Biden Harkin Murray The legislative clerk called the roll. Mr. FEINGOLD. The vital program Boxer Johnson Reed Mr. NICKLES. I announce that the known as COBRA helps ensure that Breaux Kennedy Robb Senator from Oklahoma (Mr. INHOFE), people who lose their jobs do not lose Collins Kerry Sarbanes their health insurance at the same Daschle Landrieu Schumer the Senator from Arkansas (Mr. Dodd Lautenberg Snowe HUTCHINSON), and the Senator from time. My amendment would expand ac- Durbin Leahy Torricelli Texas (Mrs. HUTCHISON) are necessarily cess to affordable health insurance Edwards Levin Wellstone absent. through COBRA in two ways. First, it Feingold Lieberman Wyden I further announce that the Senator would expand COBRA to cover retirees NAYS—68 from Georgia (Mr. COVERDELL) is ab- whose employer-sponsored coverage is Abraham Ashcroft Bayh sent due to illness. terminated. Allard Baucus Bennett July 17, 2000 CONGRESSIONAL RECORD — SENATE S7047 Bingaman Gorton McConnell While much has changed over the the Equal Pay Act. In fact, it would au- Bond Gramm Moynihan Brownback Grams Murkowski past 35 years, one thing has remained thorize remedies not available in any Bryan Grassley Nickles the same: the wage gap between men title VII discrimination case or Ameri- Bunning Gregg Reid and women. When President Kennedy cans with Disabilities Act case because Burns Hagel Roberts signed the Equal Pay Act in 1963, a damages under those statutes are Byrd Hatch Rockefeller Campbell Helms Roth woman earned only 59 cents for every capped. It would also make it easier for Chafee, L. Hollings Santorum dollar earned by a man. This landmark trial lawyers to create class action Cleland Hutchison Sessions bill reduced the pay gap and helped lawsuits. It is bad legislation and it Cochran Inhofe Shelby Conrad Inouye Smith (NH) women make great strides to narrow does not belong on this bill. I encour- Craig Jeffords Smith (OR) the pay gap. Nonetheless, 35 years age my colleagues to support the point Crapo Kerrey Specter later, women, on average, continue to of order and reject the amendment. DeWine Kohl Stevens earn only 73 cents for every dollar Domenici Kyl Thomas Mr. President, I make a point of Dorgan Lincoln Thompson earned by a man. This disparity is pat- order that the amendment offered by Enzi Lott Thurmond ently unfair. The time has come to im- my colleague from Iowa is not germane Feinstein Lugar Voinovich prove and strengthen President Ken- to the underlying bill and would, there- Fitzgerald Mack Warner Frist McCain nedy’s landmark law. fore, result in a section 305(b)(2) point Some have suggested that the pay of order under the Budget Act. I, there- NOT VOTING—2 gap is insignificant, but working fore, raise a point of order against the Coverdell Hutchinson women know better. Even after ac- amendment pursuant to section The PRESIDING OFFICER. On this counting for differences in education 305(b)(2) of the Congressional Budget vote, the yeas are 30, the nays are 68. and the amount of time in the work- Act of 1974. Three-fifths of the Senators duly cho- force, a woman’s pay still lags far be- The PRESIDING OFFICER. The Sen- sen and sworn not having voted in the hind the pay of a man doing the same ator from Iowa. affirmative, the motion is rejected. work. This persistent wage gap doesn’t Mr. HARKIN. Mr. President, pursu- The amendment would add new subject shortchange just women. It short- ant to section 904 of the Congressional matter to the bill and is therefore not changes families. The wage gap causes Budget Act of 1974, I move to waive the germane. The point of order is sus- the average American working family applicable sections of that act for the tained. The amendment falls. to lose more than $4000 a year. In fact, consideration of the pending amend- The Senator from West Virginia. it is women’s salaries that often bring ment, and I ask for the yeas and nays. EXPLANATION FOR NOT VOTING children and families out of poverty. Mr. ROCKEFELLER. Mr. President, And families suffer more in South Da- The PRESIDING OFFICER. Is there a on vote No. 198, I was unavoidably de- kota than in most states because we sufficient second? tained. I apologize for that. I missed have the highest percentage in the na- There is a sufficient second. the first vote. Had I been present, I tion of working mothers with children The question is on agreeing to the would have voted aye. under the age of 6. These mothers de- motion. The clerk will call the roll. The PRESIDING OFFICER. The Sen- serve equal pay for equal work. The legislative clerk called the roll. ator from Iowa. To address this serious problem, the Mr. NICKLES. I announce that the AMENDMENT NO. 3847 Paycheck Fairness Act uses a simple Senator from Arkansas (Mr. HUTCH- Mr. HARKIN. Mr. President, I call up approach: we believe that the pay gap INSON) is necessarily absent. my amendment. will decrease if women and men have I further announce that the Senator The PRESIDING OFFICER. Amend- more information about it; we believe from Georgia (Mr. COVERDELL) is ab- ment No. 3847 is pending. The Senator the pay gap will decrease if we enable sent due to illness. has 1 minute. women to pursue meaningful suits The PRESIDING OFFICER. Are there Mr. HARKIN. Mr. President, if we are against employers that have discrimi- any other Senators in the Chamber de- for equal pay for women and men who natory practices; and we believe that siring to vote? do the same work, then this is the the pay gap will decrease if employers The yeas and nays resulted—yeas 45, amendment to do it—the Paycheck are educated and rewarded for doing nays 53, as follows: Fairness Act, which was introduced their part to end wage discrimination. under Senator DASCHLE’s leadership. It My bill is a modest but needed step [Rollcall Vote No. 203 Leg.] provides stronger remedies in wage dis- in the fight against wage discrimina- YEAS—45 crimination cases and provides re- tion. The simple fact remains—working Akaka Edwards Levin sources to educate employers on wage families face the problem of wage dis- Baucus Feingold Lieberman discrimination. It ensures that women crimination every day and lose billions Bayh Feinstein Lincoln Biden Graham Mikulski cannot be retaliated against for shar- of dollars in wages because of it. In- Bingaman Harkin Moynihan ing their pay information with fellow stead of the risky tax scheme the Sen- Boxer Hollings Murray employees. ate is considering today, we should Breaux Inouye Reed It is time to stop giving America’s Bryan Johnson Reid give women and American families a Byrd Kennedy Robb women lipservice for equal pay for much needed raise. We should pass the Cleland Kerrey Rockefeller equal work, but to actually do some- Harkin amendment today and continue Conrad Kerry Sarbanes thing to make it happen. That is what to work towards the day when the pay Daschle Kohl Schumer this amendment does. I urge its adop- Dodd Landrieu Torricelli gap is eliminated. Dorgan Lautenberg Wellstone tion. The PRESIDING OFFICER. The Sen- Durbin Leahy Wyden Mr. DASCHLE. Mr. President, as we ator from Delaware. discuss the tax code and the issue of Mr. ROTH. Mr. President, I yield my NAYS—53 fairness for families, Senator HARKIN time to the Senator from Oklahoma. Abraham Frist Murkowski has offered an important amendment The PRESIDING OFFICER. The Sen- Allard Gorton Nickles Ashcroft Gramm Roberts to address an issue of fairness faced by ator from Oklahoma. Bennett Grams Roth millions of working women and their Mr. NICKLES. Mr. President, this Bond Grassley Santorum families. Senator HARKIN and I have amendment that my colleague from Brownback Gregg Sessions Bunning Hagel worked hard to craft legislation that Iowa has offered amends the Fair Shelby Burns Hatch Smith (NH) Campbell Helms addresses the wage gap between men Labor Standards Act but it has never Smith (OR) Chafee, L. Hutchison and women in this country. This had a hearing before the Labor Com- Snowe Cochran Inhofe Specter amendment is modeled after my bill, S. mittee. It has never been marked up by Collins Jeffords 74, the Paycheck Fairness Act. In an the Labor Committee. It is legislation Craig Kyl Stevens era characterized by economic oppor- that would make the trial lawyers very Crapo Lott Thomas Thompson tunity, it is time for the Senate to con- happy because it authorizes unlimited DeWine Lugar Domenici Mack Thurmond sider how America’s prosperity can be punitive and compensatory damages Enzi McCain Voinovich broadly and fairly shared. for discrimination cases brought under Fitzgerald McConnell Warner S7048 CONGRESSIONAL RECORD — SENATE July 17, 2000 NOT VOTING—2 ‘‘(3) CHILD WITH SPECIAL NEEDS.—The term marriage penalty in the Tax Code. But Coverdell Hutchinson ‘child with special needs’ means any child if low-income married parents face a a State has determined that the child’s eth- The PRESIDING OFFICER. On this more serious marriage penalty under nic background, age, membership in a minor- Medicaid. Under the current law, par- vote, the yeas are 45, the nays are 53. ity or sibling groups, medical condition or Three-fifths of the Senators duly cho- physical impairment, or emotional handicap ents who are married lose their health sen and sworn not having voted in the makes some form of adoption assistance nec- coverage under Medicaid in some 14 affirmative, the motion is rejected. essary.’’. States. In other States, they lose their The amendment would add new subject (b) INCREASE IN INCOME LIMITATIONS.—Sec- health coverage under Medicaid if they matter to the bill and is therefore not tion 23(b)(2) of the Internal Revenue Code of work more than 100 hours a month. 1986 (relating to income limitation) is germane. The point of order is sus- That is wrong. amended — Our answer to this problem is to pro- tained and the amendment falls. (1) in subparagraph (A)— vide States with the resources and au- Mr. ROTH. Mr. President, I move to (A) by striking ‘‘$75,000’’ and inserting thority to expand S-CHIP and Medicaid reconsider the vote. ‘‘$63,550 ($105,950 in the case of a joint re- Mr. CRAIG. I move to lay that mo- turn)’’, and to the parents of the children who are tion on the table. (B) by striking ‘‘$40,000’’ and inserting ‘‘the covered under these programs. It is a The motion to lay on the table was applicable amount’’, and sensible system. The President has agreed to. (2) by adding at the end the following new paid for it in his budget. It provides The PRESIDING OFFICER. The Sen- subparagraph: needed relief from the health marriage ‘‘(C) APPLICABLE AMOUNT.—For purposes of ator from Nevada is recognized. and work penalty under Medicaid. I subparagraph (A), the applicable amount, urge my colleagues to support it. Mr. REID. Mr. President, I ask the with respect to any taxpayer, for the taxable two managers to yield to the Senator Mr. ROTH. Mr. President, the year shall be an amount equal to the excess FamilyCare initiative prematurely from Louisiana for a unanimous con- of— sent request. ‘‘(i) the maximum taxable income amount doubles the size and scope of the new State Children’s Health Insurance Pro- AMENDMENT NO. 3888 for the 31 percent bracket under the table gram. S–CHIP has been enrolling chil- Ms. LANDRIEU. Mr. President, I ask contained in section 1 relating to such taxpayer and in effect for the taxable year, over dren for less than 3 years—and it has unanimous consent that the amend- ‘‘(ii) the dollar amount in effect with re- not reached its goals in terms of cov- ment I send to the desk be in order and spect to the taxpayer for the taxable year ering eligible children. Let us make that it take the place of a Dodd amend- under subparagraph (A)(i). sure the S–CHIP model works before we ment that was removed from the list. ‘‘(D) COST-OF-LIVING ADJUSTMENT.— expand it so dramatically. The PRESIDING OFFICER. Is there ‘‘(i) IN GENERAL.—In the case of a taxable In fact, Mr. President, it is worth objection? year beginning after 2001, each dollar noting that if the states want to extend Without objection, it is so ordered. amount under subparagraph (A)(i) shall be coverage to parents, they may do so The amendment is as follows: increased by an amount equal to— ‘‘(I) such dollar amount, multiplied by now under Medicaid waivers, or even AMENDMENT NO. 3888 ‘‘(II) the cost-of-living adjustment deter- under S–CHIP, if that coverage is (Purpose: To amend the Internal Revenue mined under section 1(f )(3) for the calendar ‘‘cost-effective’’. Code of 1986 to expand the adoption credit year in which the taxable year begins, deter- In addition to program concerns, to provide assistance to adoptive parents mined by substituting ‘calendar year 2000’ of special needs children, and for other pur- FamilyCare raises a fundamental ques- for ‘calendar year 1992’ in subparagraph (B) tion. Should parenthood be the driving poses) thereof. factor in terms of eligibility for health At the appropriate place, insert the fol- ‘‘(ii) ROUNDING RULES.—If any amount after lowing: adjustment under clause (i) is not a multiple insurance coverage? FamilyCare re- SEC. ll. EXPANSION OF ADOPTION CREDIT. of $1,000, such amount shall be rounded to wards parenthood and disadvantages (a) SPECIAL NEEDS ADOPTION.— the next lower multiple of $1,000.’’. working poor individuals who decide to (1) CREDIT AMOUNT.—Paragraph (1) of sec- (c) ADOPTION CREDIT MADE PERMANENT.— postpone having families until they are tion 23(a) of the Internal Revenue Code of Subclauses (A) and (B) of section 23(d)(2) of better able to afford to raise a child. 1986 (relating to allowance of credit) is the Internal Revenue Code of 1986 (defining Finally, this new initiative is ex- amended to read as follows: eligible child) are amended to read as fol- tremely costly. We are talking about ‘‘(1) IN GENERAL.—In the case of an indi- lows: creating a new program with a cost of ‘‘(A) who has not attained age 18, or vidual, there shall be allowed as a credit $50 billion over ten years—all without against the tax imposed by this chapter— ‘‘(B) who is physically or mentally incapa- ‘‘(A) in the case of a special needs adop- ble of caring for himself.’’. holding hearings on the bill and with- tion, $10,000, or (d) CONFORMING AMENDMENTS.— out any discussion of priorities. ‘‘(B) in the case of any other adoption, the (1) Section 23(a)(2) of the Internal Revenue Mr. President, I make a point of amount of the qualified adoption expenses Code of 1986 is amended by striking ‘‘(1)’’ and order that the Kennedy amendment is paid or incurred by the taxpayer.’’. inserting ‘‘(1)(B)’’. neither germane nor relevant to the (2) YEAR CREDIT ALLOWED.—Section 23(a)(2) (2) Section 23(b)(3) of such Code is amended reconciliation bill, it is in violation of of such Code (relating to year credit allowed) by striking ‘‘(a)’’ each place it appears and 305(b)(2) of the Budget Act. is amended by adding at the end the fol- inserting ‘‘(a)(1)(B)’’. Mr. KENNEDY. Mr. President, pursu- lowing new flush sentence: (e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable ant to section 904 of the Congressional ‘‘In the case of a special needs adoption, the years beginning after December 31, 2000. Budget Act of 1974, I move to waive the credit allowed under paragraph (1) shall be applicable sections of that act for the allowed for the taxable year in which the Mr. REID. Mr. President, if I may adoption becomes final.’’. have the attention of the Members, consideration of the pending amend- (3) DOLLAR LIMITATION.—Section 23(b)(1) of these 10-minute votes have been going ment, and I ask for the yeas and nays. such Code is amended— much closer to 15, 16, or 17 minutes. At The PRESIDING OFFICER. Is there a (A) by striking ‘‘subsection (a)’’ and insert- this late hour, I ask the Senators to sufficient second? There is a sufficient second. ing ‘‘subsection (a)(1)(B)’’, and stay in the Chamber or someplace The question is on agreeing to the (B) by striking ‘‘($6,000, in the case of a nearby. We are having to vote long pe- child with special needs)’’. motion. riods of time with people coming from (4) DEFINITION OF SPECIAL NEEDS ADOP- The clerk will call the roll. TION.—Section 23(d) of such Code (relating to offices and other places. We can do bet- The assistant legislative clerk called definitions) is amended by adding at the end ter and save a lot of time if we can vote the roll. the following new paragraph: within the 10-minute period. Mr. NICKLES. I announce that the ‘‘(4) SPECIAL NEEDS ADOPTION.—The term AMENDMENT NO. 3848 Senator from Arkansas (Mr. HUTCH- ‘special needs adoption’ means the final The PRESIDING OFFICER. The INSON), is necessarily absent. adoption of an individual during the taxable question is on the Kennedy amendment I further announce that the Senator year who is an eligible child and who is a child with special needs.’’. No. 3848. from Georgia (Mr. COVERDELL) is ab- (5) DEFINITION OF CHILD WITH SPECIAL The Senator from Massachusetts is sent due to illness. NEEDS.—Section 23(d)(3) of such Code (defin- recognized. The PRESIDING OFFICER. Are there ing child with special needs) is amended to Mr. KENNEDY. Mr. President, we are any other Senators in the Chamber de- read as follows: talking about relief from the so-called siring to vote? July 17, 2000 CONGRESSIONAL RECORD — SENATE S7049 The result was announced—yeas 51, It also corrects a disparity in current business, health insurance for the em- nays 47, as follows: law which says if a self-employed per- ployees of the small business. [Rollcall Vote No. 204 Leg.] son is eligible for health coverage from I urge my colleagues in the Senate to YEAS—51 another plan, a second job, or a support this amendment. Akaka Durbin Levin spouse’s plan, they cannot deduct. This The PRESIDING OFFICER. The Sen- Baucus Edwards Lieberman says you can deduct so long as you do ator from Oklahoma. Bayh Feingold Lincoln not participate in another health care Mr. NICKLES. Mr. President, I look Biden Feinstein Mikulski plan. at my colleague’s amendment, and he Bingaman Graham Moynihan Boxer Harkin Murray I thank my colleagues on both sides says for health care we will make it a Breaux Hollings Reed and my colleague from Illinois. tax credit. That means it is more valu- Bryan Inouye Reid I urge this body to accept the amendable than wages; that means it is more Byrd Jeffords Robb Chafee, L. Johnson Rockefeller ment. valuable than any other expenditure Cleland Kennedy Sarbanes The PRESIDING OFFICER. The Sen- for an employer. Collins Kerrey Schumer ator from Illinois. We passed several tax provisions to Conrad Kerry Snowe Mr. DURBIN. The Senator from Mis- encourage employers and individuals Daschle Kohl Specter DeWine Landrieu Torricelli souri has taken a very good amend- to buy health care. We passed that Dodd Lautenberg Wellstone ment and made it even better. I hope with the Patients’ Bill of Rights. We Dorgan Leahy Wyden Members will join in supporting the passed it with minimum wage. The NAYS—47 second-degree amendment by Senator amendment of my colleague from Illi- Abraham Gorton Murkowski BOND to my amendment, for the full nois, in my opinion, is misdirected and Allard Gramm Nickles deductibility of the health insurance very expensive. We have not had a Ashcroft Grams Roberts premiums for the self-employed. I hope hearing in the Finance Committee. I Bennett Grassley Roth you will resist efforts, if we are suc- Bond Gregg Santorum think it happens to be bad policy. It Brownback Hagel Sessions cessful, to remove this amendment at a says for this type of expenditure, it is Bunning Hatch Shelby later time. more important than any other that an Burns Helms Smith (NH) The PRESIDING OFFICER. The Campbell Hutchison Smith (OR) employer would make. Cochran Inhofe Stevens question is on agreeing to the second- I make a budget point of order under Craig Kyl Thomas degree amendment. section 305 that it is in violation of the Crapo Lott Thompson The amendment (No. 3851) was agreed Budget Act. Domenici Lugar Thurmond to. Enzi Mack Voinovich Mr. DURBIN. Mr. President, pursu- Fitzgerald McCain Warner Mr. BOND. I move to reconsider the ant to section 904 of the Congressional Frist McConnell vote. Budget Act of 1974, I move to waive the Mr. MOYNIHAN. I move to lay that NOT VOTING—2 applicable sections of the act for con- motion on the table. Coverdell Hutchinson sideration of the pending bill, and I The motion to lay on the table was seek the yeas and nays. The PRESIDING OFFICER. On this agreed to. The PRESIDING OFFICER (Mr. vote the yeas are 51, and the nays are AMENDMENT NO. 3850 SMITH of New Hampshire). Is there a 47. Three-fifths of the Senators present The PRESIDING OFFICER. Who sufficient second? and voting, not having voted in the af- yields time on the first-degree amend- There is a sufficient second. firmative, the motion to waive the ment? The question is on agreeing to the Budget Act is not agreed to. The Mr. DURBIN. Mr. President, I yield motion. The clerk will call the roll. amendment would add new subject back my time and ask for a favorable The legislative clerk called the roll. matter to the bill and is therefore not vote on the Durbin amendment, as Mr. NICKLES. I announce that the germane. The point of order is sus- amended. Senator from Georgia (Mr. COVERDELL) tained. The amendment falls. The PRESIDING OFFICER. The is absent due to illness. Mr. ROTH. I move to reconsider the question is on agreeing to the amend- Mr. REID. I announce that the Sen- vote. ment, as amended. ator from New Jersey (Mr. TORRICELLI) Mr. STEVENS. I move to lay that The amendment (No. 3850), as amend- is necessarily absent. motion on the table. ed, was agreed to. The PRESIDING OFFICER. Are there The motion to lay on the table was Mr. MOYNIHAN. I move to recon- any other Senators in the Chamber de- agreed to. sider the vote. siring to vote? AMENDMENT NO. 3851 TO AMENDMENT NO. 3850 Mr. BOND. I move to lay that motion The result was announced—yeas 49, The PRESIDING OFFICER. The on the table. nays 49, as follows: question is on agreeing to the Bond The motion to lay on the table was [Rollcall Vote No. 205 Leg.] second-degree amendment to the Dur- agreed to. YEAS—49 bin amendment. AMENDMENT NO. 3852 The Senator from Missouri. The PRESIDING OFFICER. The Sen- Akaka Edwards Lieberman Baucus Feingold Lincoln Mr. BOND. Mr. President, it is not ator from Illinois. Bayh Feinstein Mikulski fair that a self-employed person cannot Mr. DURBIN. I have another amend- Biden Graham Moynihan deduct 100 percent of health care costs ment at the desk, which if I am not Bingaman Harkin Murray when a large business can. A self-em- Boxer Hollings Reed mistaken, is next in order on the list Breaux Inouye Reid ployed person is denied that deduct- for consideration. Bryan Jeffords Robb ibility, even though we have worked The PRESIDING OFFICER. The Byrd Johnson Rockefeller since 1995 when this body accepted my question is on amendment 3852. Chafee, L. Kennedy Sarbanes Cleland Kerrey Schumer amendment at that time to increase The Senator from Illinois. Collins Kerry Snowe the deductibility of insurance costs for Mr. DURBIN. Mr. President, there Conrad Kohl Specter the self-employed. Still, only 60 per- are 44 million Americans without Daschle Landrieu Wellstone cent of the health insurance cost is de- health insurance. Among uninsured Dodd Lautenberg Wyden Dorgan Leahy ductible by the self-employed. workers, most of them work for small Durbin Levin I have talked to a lot of these people. businesses. This amendment creates a They cannot wait until 2003 when they tax credit for small businesses which NAYS—49 will get 100-percent deductibility. My will offer health insurance for their Abraham Cochran Gramm Allard Craig Grams amendment says there is 100-percent employees. The tax credits especially Ashcroft Crapo Grassley deductibility this year and makes sure favor those businesses which have not Bennett DeWine Gregg that the 5 million Americans in house- offered it in the past. I think it is a Bond Domenici Hagel Brownback Enzi Hatch holds headed by self-employed can get good investment to help small busi- Bunning Fitzgerald Helms health care coverage, including 1.3 mil- nesses take care of their No. 1 concern: Burns Frist Hutchinson lion children. health insurance for the owners of the Campbell Gorton Hutchison S7050 CONGRESSIONAL RECORD — SENATE July 17, 2000 Inhofe Nickles Stevens Now is the time to pass marriage tax this act contingent upon enactment of Kyl Roberts Thomas Lott Roth Thompson relief, an issue on which we have been other legislation. Therefore, it is non- Lugar Santorum Thurmond working for years. Now is the time to germane. The point of order is sus- Mack Sessions Voinovich be working together on Medicare re- tained and the amendment falls. McCain Shelby Warner form, as we are in the Finance Com- Mr. ROTH. Mr. President, I move to McConnell Smith (NH) Murkowski Smith (OR) mittee. Working together we can suc- reconsider the vote. ceed on both policies. Seeking division Mr. MOYNIHAN. I move to lay that NOT VOTING—2 we will fail on each. Notwithstanding motion on the table. Coverdell Torricelli any policy objections, the pending The motion to lay on the table was The PRESIDING OFFICER. On this amendment offered by the Senator agreed to. vote, the yeas are 49, the nays are 49. from Virginia is not germane to the AMENDMENTS NOS. 3854, 3855, 3859, 3860, 3877, AND Three-fifths of the Senators duly cho- underlying bill and would, therefore, 3888 sen and sworn not having voted in the result in a section 305(b)(2) point of Mr. ROTH. Mr. President, I ask unan- affirmative, the motion is rejected. order under the Budget Act. Therefore, imous consent that the following The amendment would add new subject I raise a point of order against the amendments be agreed to en bloc, the matter to the bill and is, therefore, not amendment pursuant to section motions to reconsider be laid upon the germane. The point of order is satis- 305(b)(2) of the Congressional Budget table, and any statements relating to fied. The amendment fails. Act of 1974. the amendments be printed in the Mr. ROTH. Mr. President, I move to Mr. ROBB. Mr. President, pursuant RECORD. The amendments are the fol- reconsider the vote. to section 904 of the Congressional lowing: Nos. 3854, 3855, 3859, 3860, 3877, Mr. BURNS. I move to lay that mo- Budget Act of 1974, I move to waive the and 3888. tion on the table. applicable sections of that act for the The PRESIDING OFFICER. Without The motion to lay on the table was consideration of the pending amend- objection, it is so ordered. agreed to. ment, and I ask for the yeas and nays. The amendments (Nos. 3854, 3855, AMENDMENT NO. 3853 The PRESIDING OFFICER. Is there a 3859, 3860, 3877, and 3888) were agreed to. The PRESIDING OFFICER. The next sufficient second? AMENDMENT NO. 3859 amendment is amendment No. 3853 of- There is a sufficient second. Mr. CLELAND. Mr. President, The fered by the Senator from Virginia, Mr. The question is on agreeing to the Cleland Savings Bond Tax-Exclusion ROBB. motion. The clerk will call the roll. for Long-Term Care Services Amend- Mr. REID. Mr. President, will the The assistant legislative clerk called ment would exclude United States sav- Senator withhold for a moment? It is the roll. ings bond income from being taxed if my understanding this is going to be Mr. NICKLES. I announce that the used to pay for long-term health care the last vote tonight, is that correct, I Senator from Georgia (Mr. COVERDELL) expenses. Current law provides an in- ask the Chairman? is absent due to illness. come exclusion for savings bond in- Mr. ROTH. Yes, that is correct. The PRESIDING OFFICER. Are there come used to pay for qualified higher Mr. REID. There are going to be any other Senators in the Chamber de- education expenses. This amendment some other votes that do not require siring to vote? expands the tax code section 135 to rollcalls after this? The yeas and nays resulted—yeas 49, allow the savings bond income exclu- Mr. ROTH. Yes. nays 50, as follows: sion for eligible long-term care ex- The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 206 Leg.] penses as well. This measure will assist ator from Virginia is recognized. YEAS—49 individuals struggling to accommodate Mr. ROBB. Mr. President, recog- Abraham Edwards Lieberman costs associated with many chronic nizing this is the last rollcall vote of Akaka Feingold Lincoln medical conditions and the aging proc- Baucus Feinstein Mikulski the evening, I will not take the time of Bayh Graham Moynihan ess. A staggering 5.8 million Americans this Chamber. It is a very simple Biden Harkin Murray are afflicted with the financial burdens amendment. A majority of this body Bingaman Hollings Reed of long-term care. has already gone on record saying that Boxer Inouye Reid This legislation will assist families Breaux Jeffords Robb we will make certain we pass a pre- Bryan Johnson Rockefeller by: scription drug benefit for seniors before Byrd Kennedy Sarbanes Providing a tax exclusion for savings we pass all of these other tax cuts. We Chafee, L. Kerrey Schumer bonds used to pay for long-term care; Cleland Kerry Snowe Allowing families to use their sav- passed a major tax cut on Friday. We Conrad Kohl Specter are proposing to pass tomorrow morn- Daschle Landrieu Wellstone ings bond assets to face the dual chal- ing another major tax cut. Dodd Lautenberg Wyden lenge of paying for long-term care serv- All this amendment says is, before Dorgan Leahy ices and higher education expenses. Durbin Levin these tax cuts go into effect, we will Thank you and I urge you to support have actually delivered on the promise NAYS—50 this proposal to provide tax relief to to provide a prescription drug benefit. Allard Gorton Murkowski Americans burdened by the financial I hope it will be the pleasure of this Ashcroft Gramm Nickles constraints of providing long-term care Bennett Grams Roberts Senate to adopt this amendment and Bond Grassley Roth and higher education expenses. I yield keep the faith with our seniors. Brownback Gregg Santorum the floor. The PRESIDING OFFICER. The Sen- Bunning Hagel Sessions AMENDMENT NO. 3860 Burns Hatch Shelby ator from Delaware. Campbell Helms Smith (NH) Mr. CLELAND. Mr. President, we Mr. ROTH. Mr. President, this is an Cochran Hutchinson Smith (OR) have on the books today a special en- amendment that undermines, not ad- Collins Hutchison Stevens hanced tax deduction for individuals vances, progress on two important Craig Inhofe Thomas and corporations which donate com- Crapo Kyl Thompson issues. Its only effect will be to stop DeWine Lott Thurmond puters to our nation’s elementary and tax cuts for families while not advanc- Domenici Lugar Torricelli secondary schools. This deduction— ing by a day Medicare reform that Enzi Mack Voinovich which helps to keep America on the Fitzgerald McCain Warner should include a prescription drug ben- Frist McConnell cutting-edge in technology—is sched- efit. If anything, it slows down Medi- uled to expire at the end of the year. care reform by politicizing the issue. NOT VOTING—1 The amendment I am offering is two- Prescription drugs should not be pit- Coverdell fold: it would extend this tax deduction ted against family tax cuts. We can and The PRESIDING OFFICER. On this for five years and it would expand it to should be for both. The budget surplus vote, the yeas are 49, the nays are 50. include computer donations to public allows for both. The budget passed by Three-fifths of the Senators duly cho- libraries and non-profit and govern- Congress allows for both and both are sen and sworn not having voted in the mental community centers as well. necessary policies, but they must first affirmative, the motion is rejected. My amendment will help to close the each be correctly thought through. The amendment makes provisions of ‘‘digital divide’’ which exists in this July 17, 2000 CONGRESSIONAL RECORD — SENATE S7051 country by providing a viable alter- We all know neither the administra- We’re going to see more and more of native for Americans who are being left tion nor the Democratic side have com- these con-games as sthe Year winds behind because they do not have access prehensive proposals to fix Social Se- down, and this tired, worn-out adminis- in their homes to computer and Inter- curity and Medicare, so this is just a tration desperately tries to reshape its net use. We know, for example, that delyaing tactic to kill the bill so, they disappointing place in history. Americans earning less than $20,000 say they’re for marriage penalty re- Mr. President, the time for delay is who use the Internet outside the home lief—but only sometime in the un- over. The time for gridlock is over. are twice as likely to get their access known future. That’s Washington D.C. Now is the time to pass this important through a public library or community double-talk. tax relief measure, and I urge the mem- center. And Americans who are not in Delaying this tax relief really means bers of this body to come together and the labor force, such as retirees or no tax relief at all. do what’s right, by passing this legisla- homemakers, are twice as likely to use Mr. President, we’ve heard other mis- tion. public libraries for on-line access. leading arguments that under the ma- Ms. SNOWE. Mr. President, I rise in I urge my colleagues to support this jority bill, married couples would get a strong support of H.R. 4810—legislation amendment. It would extend a tax de- tax cut, but single mothers with kids that would dramatically reduce one of duction which has proved invaluable in would not get one. However, an impor- the most insidious aspects of the tax boosting efforts by individuals and tant part of our bill repeals the alter- code: the marriage penalty. companies to donate computer equip- native minimum tax for over then mil- As my colleagues are aware, there ment and web access to our Nation’s lion people. Many of those helped will are several primary causes of the schools. And it will help to keep this be single mothers. But, guess what’s ‘‘marriage penalty’’ within the tax Nation a leader in the global economy even more interesting? The Democrat code, including different tax rate by helping to close the gap between the alternative bill is the bill that doesn’t schedules and different standard deduc- technological haves and the have nots. help single mothers at all. tions for joint filers versus single fil- AMENDMENTS NOS. 3856, 3857, 3861, 3862, 3866, 3867, In addition, it’s important to note ers. 3876, 3879, 3880, AND 3882 WITHDRAWN that the Democrat alternative dis- In terms of the impact of these dif- Mr. ROTH. Mr. President, I further criminates against stay-at-home fering tax provisions, the marriage ask unanimous consent that the fol- moms. That’s right, the Democrat pro- penalty is most pronounced for two- lowing amendments be withdrawn: Nos. posal only helps two earner couples. earner couples in which the husband 3856, 3857, 3861, 3862, 3866, 3867, 3876, 3879, So, it not only doesn’t helpt those sin- and wife have nearly equal incomes. 3880, and 3882. gle mothers the other side was crying While this may not have been as no- The PRESIDING OFFICER. Without crocodile tears over—it hurts those ticeable in society 30 or 40 years ago, objection, it is so ordered. families where one partent decides to the demographic changes that have oc- Mr. MOYNIHAN. Mr. President, I ask stay at home with the children. curred since the 1960s—with more mar- I hope all of you stay-at-home par- unanimous consent that Senators ried women entering the workforce to ents out there listening understand DASCHLE and JOHNSON be added as co- help support their families—has led to what the Democratic alternative will sponsors of the Dorgan amendment No. a significant increase in the share of 3877. do to them. couples who suffer from the marriage The PRESIDING OFFICER. Without Mr. President, we’re going to pass penalty. objection, it is so ordered. this tax relief measure anad send it to Mr. MOYNIHAN. Mr. President, I ask President Clinton. Make no mistake, the impact of the marriage penalty is severe. According unanimous consent that Senator JOHN- This begs the question—where is the to the Congressional Budget Office SON be added as a cosponsor of the Clinton-Gore administration on pro- Moynihan amendment No. 3863. viding this tax reljief to working (CBO), 42% of married couples incur The PRESIDING OFFICER. Without Americans? Well, a few weeks ago, the marriage penalties that average nearly objection, it is so ordered. administration offered to accept $1,400. Mr. GRASSLEY. Mr. President, I mariiage penalty tax relief for a Medi- When measured by income category, want to make a few comments about care prescription drug benefit. This is fully 12% of couples with incomes the reconciliation bill before us con- the same tax relief bill the Clinton- below $20,000 incurred a marriage pen- taining marriage penalty tax relief. Gore administration and Democrats alty in 1996; 44% of couples with in- This is an issue about fairness, Mr. have been attacking and deriding for comes of $20,000 to $50,000; and 55% of President for around thirty years our months. Now, they’re saying, forget all couples with incomes above $50,000. Tax Code has been penalizing people those bad things we said, we’re ready In addition, according to CBO, empir- just becuase they happen to be mar- to deal. ical evidence suggests that the married. This is a perfect example of how This just shows the Clinton-Gore ad- riage penalty may affect work pat- broken our Tax Code is. Just like the ministration either doesn’t have any terns, particularly for a couple’s sec- earnings limitation that discriminated principles, or they’re willing to trade ond earner. Specifically, because filing against older Americans, this unfiar them to the highest bidder. a joint return often imposes a substan- Tax needs to be dumped. It took a Re- Of course, for years this administra- tially higher tax rate on a couple’s sec- publican-led Congress to repeal the So- tion has been saying they would work ond earner, the higher rate reduces the cial Security earnings limit. with Congress to save social security second earner’s after-tax wage and may And now, it’s the same Republican- and medicare. But, here we are near cause that individual to work fewer led Congress that’s talking the lead in the end of this administration, and it hours or not at all. As a result, eco- repealing the marriage penalty tax. We has no comprehensive plan to save ei- nomic efficiency is harmed in the over- tried it a couple of months ago, but we ther program. They’re reduced to try- all economy. were blocked by the Democratic side ing to salvage a legacy by creating a Furthermore, while I would hope from passing the bill. Now, we’re back hugely expensive entitlement program that the tax code would not be a factor under reconciliation instructions that that could end up draining the hard- in a couple’s decision to marry or stay prevent the other side from gridlocking earned surplus. This is a surplus earned single, the simple fact is that a cou- the Senate. bythe American people, not the Gov- ple’s tax status could worsen if married Of course, the minority side wants ernment, who wants to spend it all. In- and could, therefore, impact a couple’s you to believe they’re all for getting terestingly, a recent polly said that 60 decision to marry. Therefore, we rid of the marriage penalty tax. Of percent of Americans credit American should eliminate this potential barrier course, they had control of the Con- workers and businesse for our success- to marriage and ensure that couples gress for decades and never once tried ful economy. Only 39 percent credit the make one of life’s biggest decisions to repeal it. administration, who would like you to based on their values and beliefs—not What’s worse, now they’re using the believe they did it all. on the federal tax code. old bait-and-switch routine. They say I think the American people are fi- As a strong opponent of the marriage they’re for this tax relief, but not until nally figuring out the Clinton-Gore penalty, I am an original cosponsor of Social Security and Medicare are fixed. charade. S. 15, legislation introduced by Senator S7052 CONGRESSIONAL RECORD — SENATE July 17, 2000 HUTCHISON that eliminates the mar- or standard deduction that a single unmarried couple with the same total riage penalty through a proposal taxpayer currently receives because income. This is poor policy. known as ‘‘income splitting.’’ Under only one-half of the couple has an in- Marriage neutrality is the principle this approach, a married couple would come to report. that when two people get married, add up all their income and then split I believe a spouse’s decision to work their total bill should not change. Un- it in half. Each spouse would then file outside the home and utilize daycare, fortunately, the U.S. income tax is not as a single individual and pay taxes on or work at home to raise children, marriage neutral. According to the his or her half of the total income, should be made with only the best in- Congressional Budget Office, almost with exemptions, deductions and cred- terests of the family in mind—not the half of all married couples—22 mil- its being split evenly between the two tax code. We should not take a signifi- lion—suffered from the marriage pen- spouses. cant step to eliminate the marriage alty last year. In my home state of Last year, to advance this legislation penalty only to replace it with a Idaho, 129,710 couples were adversely or any other proposal that would pro- ‘‘homemaker penalty’’—and I’m affected because of this system. These vide marriage penalty relief, I offered pleased that H.R. 4810 ensures that the married couples on average paid an an amendment during the markup of benefits it provides can be used by all extra $1,500 in income tax. Moreover, as the FY 2000 budget resolution that en- couples, including those in which a women are working hard to achieve sured a significant reduction in—or the spouse foregoes an income to raise a salary equity, it is unfortunate that as outright elimination of—the marriage family. women approach income levels similar penalty would be a central component It is my hope that, by considering to their husbands, the marriage pen- of any tax cut package adopted during this package of marriage penalty relief alty increasingly kicks in and the fed- last year’s reconciliation process. proposals as a stand-alone bill—and not eral government simply takes their Later that summer, in accordance as part of a broader, and potentially money back. with my budget amendment, the $792 controversial, tax cut package—we will Under this bill, beginning next year, billion tax cut reconciliation package not only pass this legislation with Congress will restore marriage neu- that was passed by the Senate included strong bipartisan support, but ulti- trality to the code. The Marriage Tax such relief, as did the final House-Sen- mately send a bill to the President Penalty Relief Reconciliation Act will ate conference report. However, just as that he will sign for the benefit of all increase the standard deduction for President Clinton vetoed the tax bill in married couples. married couples to approximately 1995 that included marriage penalty re- The bottom line is that we should $8,800. This is twice the basic standard lief, last year’s tax bill was vetoed as not condone or accept a tax code that deduction for a single tax filer. The bill well. penalizes married couples or discour- will also widen the 15 percent and 28 In an effort to address this issue out- ages marriage, and this bill provides percent income tax brackets for mar- side a broader tax package, the House the Senate with the opportunity to ried couples filing a joint return to of Representatives passed legislation correct this inequity in a straight- twice the size of the corresponding rate earlier this year—by a bipartisan vote forward manner. brackets of single individuals. This is a of 268 to 158—that would reduce the Ultimately, the bill we are consid- commonsense solution to ending any marriage penalty. The Senate considering is not simply about providing the disparity for married couples who find ered its version of the legislation in American people with a reasonable and they are paying a penalty. Fortunately April, but a Democratic filibuster pre- rational tax cut—rather, it is about for them, the rules under which we are vented us from bringing the bill to a correcting a gross discrepancy in the debating the Marriage Tax Penalty Re- final vote. Today, we are considering tax code that unfairly impacts married lief Reconciliation Act will also shield nearly identical legislation yet again, couples. Accordingly, even though indi- senators from excess delay and we will but—thanks to the budget reconcili- vidual members of this body disagree have an up-or-down vote. True to the ation process—we are assured it will on a wide variety of tax cuts policies, I bill’s name, we are here to reconcile an come to a final vote. would hope we would all agree that the unfair tax provision that is counter- Mr. President, H.R. 4810 would dra- act of marriage should not be penalized productive to our goal of equity and matically reduce the marriage penalty by the Internal Revenue Code—and fairness. by doubling the standard deduction for would support S. 4810 accordingly. Today, we have finally put an end to married couples relative to single fil- Mr. CRAPO. Mr. President, I rise expensive entitlements and the reck- ers; expanding the 15 percent and 28 today to express my strong support for less fiscal behavior that created large percent income tax brackets for mar- this pro-family, pro-economic growth deficits in the 1970s, 1980s, and early ried couples to twice the size of the legislation. It is unfortunate that gov- 1990s. Indeed, the surging U.S. economy corresponding tax brackets for single ernment continues to burden its citi- has produced an unprecedented tidal filers; increasing the phase-out range zens with excessive and unfair tax- wave of federal tax receipts. This year, of the Earned Income Credit for cou- ation. Indeed, America’s income tax the country will see a $76 billion dollar ples filing joint returns; and perma- system reduces freedom and economic surplus—over the next ten years the nently exempting family tax credits growth. An embarrassing example of non-social security surplus is esti- from the individual Alternative Min- this inequity is the marriage penalty— mated at $1.9 trillion. This raises the imum Tax. essentially, a quirk in the income tax question: when will the government I am especially pleased that the leg- code that causes some married couples start returning money to the people? islation does not penalize families in to be penalized and taxed at higher With these surpluses there is no doubt which a spouse foregoes an income to rates, simply because they marry. that there is room for marriage tax re- raise children. Unfortunately, the pro- The treatment of marriage provides lief and additional debt reduction. posal that is being espoused by the mi- an important example of why we need Therefore, we should seize this oppor- nority would do just that. to support equity in the tax code. Con- tunity to return these surplus dollars, Specifically, by allowing married sider that two couples who are exactly before the bureaucrats in town start couples to file their taxes as if they the same—except one is married and spending them. If we do not, an oppor- were single, the substitute proposal the other couple is not. A peculiar fea- tunity to restore horizontal equity to would provide relief only to families in ture in our tax code is that these two the tax code will be lost, because sur- which both spouses have taxable in- couples may pay different taxes. Sim- pluses—like we have today—will cer- comes. As a result, if a spouse has no ply put, when a man and woman get tainly invite an irresponsible flurry of earned income by virtue of the fact married, their tax liability can rise and new spending. that he or she is working at home to the federal government can take more Americans have historically and con- raise the family’s children—but doesn’t of the married couple’s money. This is sistently expressed their discontent for actually earn a salary for each of the a fundamental problem in the tax code. excessive and unfair taxation. I have myriad of tasks this profession en- I believe in fairness and simplicity stacks of letters in my office from hon- tails—the couple would receive none of when it comes to taxes. A married cou- est and hard-working Idahoans who the benefits of the larger tax brackets ple should not pay more taxes than an rightfully want to know where their July 17, 2000 CONGRESSIONAL RECORD — SENATE S7053 tax cut is. Let us take this opportunity The marriage penalty hits the work- monthly retirement checks. That to return something to those American ing poor particularly hard. Two-earner measure is now law. families who are married and working families making less than $20,000 often Last week, we voted to eliminate the to support families and loved ones. Let must devote a full eight percent of death tax, which unfairly taxes people us make good on our constituent prom- their income to pay the marriage pen- simply because they die. We voted to ise by voting to eliminate the marriage alty. Eight percent is an extraordinary substitute a capital-gains tax so that tax penalty and let us give the Presi- amount for couples that count on every inherited assets are taxed at the appro- dent an opportunity to honor his State dollar to make ends meet. priate time—when they are sold, and of the Union promise by signing this Let me stop here and give an example when income is actually realized. bill. of the marriage penalty at work. In Hopefully, the marriage-penalty re- The federal tax code remains intru- this example, the penalty comes about peal bill, like the death-tax repeal, will sive, overly complicated, and exces- because workers filing as single tax- pass with a strong, bipartisan major- sively burdensome. As part of my effort payers get a higher standard deduction, ity, and President Clinton will rethink to bring tax relief to the American peo- and because income-tax bracket his opposition and sign it when it ple, I have co-sponsored or voted for thresholds for married couples are reaches his desk. legislation to reduce the death tax, gas lower than the threshold for singles. We can debate the merits of any tax, beer tax, and telephone excise tax. Consider a married couple in which number of changes in the tax code: Today, we have an opportunity to vote each spouse earns about $30,000 a year. whether a flat tax is preferable to a for a bill that I hope will have broad bi- They would have paid $7,655 in federal sales tax; whether tax rates should be partisan support. Senators should be income taxes last year. By comparison, reduced across the board; or whether mindful of the opportunity to provide two individuals earning the same we should make the tax code more con- needed relief to married couples. Death amount, but filing single returns, ducive to savings and investment. and taxes are certainties in life. Let us would have paid only $6,892 between There are legitimate points to be made vote to ensure that fairness is too. I the two of them. That is a marriage on both sides. urge my colleagues to support repeal of penalty of $763. But when it comes to fairness, we the marriage tax penalty. It is the The average penalty—average pen- need to do what is right. The marriage right thing to do. alty—paid by couples is even higher penalty, like the earnings limit and the Mr. KYL. Mr. President, it was about than that—about $1,400 a year, accord- death tax, is wrong, it is unfair, and it two-and-a-half years ago that I came to ing to the Congressional Budget Office. is time to put it to rest. I urge support the Senate floor to call on the Senate Think what families could do with an for the marriage-penalty repeal bill. to repeal two of the most egregious and extra $1,400. They could pay for three Mr. BYRD. Mr. President, today the unfair taxes imposed by the nation’s or four months of day care if they Senate will consider legislation to ad- Tax Code: the steep taxes imposed on choose to send a child outside the dress the anomaly in the tax code people when they get married and when home—or make it easier for one parent known as the marriage penalty. The they die. The good news is, for the sec- to stay at home to take care of the Senate will consider this legislation in ond time in two years, the Senate has children, if that is what they decide is light of recent budget projections that cleared legislation to repeal the death best for them. They could make four or show a windfall in federal budget sur- tax. And this week, for the third time, five payments on their car or minivan. pluses over the next ten years, and we will clear a measure to repeal the They could pay their utility bill for under expedited rules that will almost marriage penalty. nine months. guarantee passage of some form of In 1995, Congress passed legislation The bill before us is the most com- marriage penalty relief. that would have provided a tax credit prehensive effort yet to eliminate the First, I am, as are many other Sen- to married couples to offset this pen- marriage penalty. It would expand the ators, concerned about the so-called alty somewhat. President Clinton ve- standard deduction for married couples marriage penalty. I can think of no toed that bill. filing jointly; widen the tax brackets reason why a married couple should In 1999, Congress again approved a for such couples; and increase the in- have a higher tax liability simply be- measure to provide married couples come phase-outs for the earned income cause they have chosen to make a life- with some relief. Last year’s bill would credit. long commitment together through the have set the standard deduction for Unlike President Clinton’s so-called sacred bond of marriage. I doubt that couples at twice the deduction allowed relief bill, the plan Chairman ROTH any Senator would refute the assertion for singles. It would also have set the brings to us today does not neglect that the promotion of marriage and lowest income-tax bracket for married married couples who choose to have family stability benefits the nation at couples at twice that allowed for single one parent stay at home to raise the large. Indeed, the marriage bond as rec- taxpayers. President Clinton vetoed children. It gives them relief, and, in so ognized in the Judaeo-Christian tradi- that measure last September. doing, it lets them know we value the tion, as well as in the legal codes of the According to the nonpartisan Tax choice they have made to stay home world’s most advanced societies, is a Foundation, the total tax burden borne and raise a family. cornerstone on which societies build by American taxpayers dipped slightly Unlike the Clinton plan, which would their morals and values. The Bible tells in 1998. That is the good news. The bad preserve the penalty for many couples, us in 1 Corinthians 7 to ‘‘. . . let every news is that Americans still spent our plan would eliminate the marriage man have his own wife, and let every more on federal taxes than on any of penalty in its entirety. Sure, that woman have her own husband. Let the the other major items in their house- means the revenue loss associated with husband render unto the wife due be- hold budgets. For the median-income, this legislation is greater than the nevolence: and likewise also the wife two-earner family, federal taxes still President proposed, but the smaller unto the husband. The wife hath not amounted to 39 percent of the family cost of providing relief under the Clin- power of her own body, but the hus- budget—more than what they spent on ton plan is also indicative of just how band: and likewise also the husband food, housing, and medical care com- little it would do to solve the problem. hath not power of his own body, but bined. One of the reasons why they We should not be stingy when attempt- the wife. Defraud ye not one the other, paid so much is the continuation of the ing to ensure fairness in the tax code. except it be with consent for a time, marriage penalty that exists in the Na- Passage of this legislation would con- that ye may give yourselves to fasting tion’s tax code. tinue the good progress we have made and prayer; and come together again, According to the Congressional Budg- this year in making the tax code fairer. that Satan tempt you not for your in- et Office, nearly half of all married First, we passed the measure to repeal continency.’’ The institution of mar- taxpayers—about 21 million couples— the Social Security earnings limita- riage was prized in the Bible, and like- filing a joint return paid a higher tax tion, a tax that has unfairly penalized wise, by the ancient world in Rome, than they would have if each spouse seniors for more than 60 years, simply and more particularly, in Greece. had been allowed to file as a single tax- because they wanted to earn some ‘‘There is nothing nobler or more admi- payer. extra income to supplement their rable than when two people who see S7054 CONGRESSIONAL RECORD — SENATE July 17, 2000 eye to eye keep house as man and wife, stay-at-home parent by providing these could easily change in the next few confounding their enemies and delight- families with a small amount of relief years so that, just as quickly as these ing their friends,’’ wrote Homer in The to assist with the costs of raising a surpluses appeared, they could dis- Odyssey (9th Century BC). child. appear. Our federal government has no offi- The Democratic proposal also at- I think that it is unfortunate that cial policy on marriage with respect to tempts to balance the goals of joint tax higher-than-expected surpluses have taxing or subsidizing the institution. entities and progressive taxation with paved the way for the enactment of Still, what can only be referred to as a marriage neutrality. This proposal massive tax cuts. The repeal of the es- quirk in the tax code causes some mar- would allow married couples to cal- tate tax, for example, which was re- ried couples to pay higher taxes than culate their income tax as either a cently passed by this body, if enacted they would if they were single. I have married couple or as two singles, de- into law, would cost $105 billion over always believed that the federal in- pending on which method would be less ten years, and then $50 billion per year come tax code should, at the very costly. The effect of this approach thereafter. No hearings were held on least, be marriage neutral. Unfortu- would be the elimination for eligible this proposal in the Senate. Little con- nately, marriage neutrality has proven couples of all sixty-five marriage pen- sideration was given to an alternative to be an elusive goal. The reason is alty provisions in the tax code, while plan that would have been less costly that marriage neutrality is incompat- maintaining the existing marriage bo- and would have more expeditiously ad- ible with a progressive tax system that nuses. dressed the plight of farmers and small allows for joint tax returns. When two Both proposals provide marriage pen- businesses by eliminating most from single taxpayers are married, their in- alty relief to families of all income lev- estate tax rolls. Little, if any, consid- comes increase and can, in some cases, els. In the Republican proposal, lower- eration was given to the negative effect push the couple into a higher tax income families who receive the earned that repealing the estate tax would bracket than when they filed as sepa- income tax credit would benefit from have on charitable contributions, rate singles. The opposite can also hap- marriage penalty relief, while the which are deductible from the gross pen, where married couples find them- elimination of the marriage penalty value of an estate under current law. selves in a lower tax bracket than caused by the standard deduction Yet, this body repealed the estate tax when they were single. would benefit middle-income house- under the guise that it was necessary Both the Republican and Democratic holds. The Democratic proposal, how- to protect small family farmers and proposals before the Senate today at- ever, is more targeted to lower- and businesses, when much less costly pro- tempt to balance the competing inter- middle-income households because the posals might have done the job just as ests of progressive taxation, joint tax marriage penalty relief is phased out well. returns, and marriage neutrality in the for couples with an income above Let us disabuse ourselves of the idea best way possible. The Republican pro- $150,000 per year. that all tax cuts are good policy be- posal, for example, reduces the mar- But, make no mistake, both pro- cause they are politically popular. ginal tax rates for married couples so posals, even in the glow of recent sur- They are not. It is easy to vote for tax that recently married couples would plus projections, would be extremely cuts. It does not require courage. And, not be bumped up into a higher tax expensive. The Republican proposal in the end, the American people will bracket. This would effectively elimi- would cost $248 billion over ten years, not thank us for acting in a fiscally ir- nate the marriage penalty relating to and $39 billion per year thereafter. The responsible manner. As I have said on marginal tax rates. The trade-off is Democratic proposal is slightly less ex- many occasions, while budget projec- that marriage bonuses, which occur pensive because of the income cap, but tions look rosy now, the future is when a married couple pay less in taxes would still cost $54.2 billion over five fraught with peril as the baby-boomers than they would if they filed as two years. My concern is not so much the exit the economy, and the Social Secu- single taxpayers, would be increased. cost of these proposals, because I think rity and Medicare programs become While some Senators would argue that the cost would be justified by the unable, as presently structured, to pay that the Republican proposal is a tax marriage incentives provided in each, full benefits to recipients. The Social giveaway to households that already but that marriage penalty relief could Security and Medicare Board of Trust- receive favorable tax treatment be- open the floodgates to other, more ees projected last March that Social cause of marriage, marriage bonuses massive tax cuts. Most Senators are Security payroll taxes by themselves provide increased assistance for fami- aware that the Office of Management would not be enough to cover benefit lies who make the difficult choice to and Budget announced during the week payments by 2015, and that the Social forgo a second income or career and for of June 26 that projected budget sur- Security trust fund would be insolvent one parent to stay at home with their pluses would exceed estimates made by 2037. Likewise, the trustees pro- children. Families in this situation just four months ago by $1.3 trillion, jected that the Medicare Hospital In- ought to be extended tax incentives and the Congressional Budget Office is surance trust fund would be insolvent just the same as those families with a close to releasing its projections that by 2025. limited income and a child in the child are likely to predict similar results. While I support eliminating any mar- care system. Raising children to be re- These new projections raise the esti- riage penalties that may exist in the sponsible, caring, law-abiding adults is mate of surpluses that will be collected tax code, my preference would be to one of the most important tasks that by the government over the next ten delay enactment of these costly pro- any of us will ever undertake. As we years (excluding Social Security) to posals until the long term solvency of can see daily from the steady stream of $1.9 trillion, and, consequently, have Social Security and Medicare have frightening newspaper headlines on fanned the furor for massive tax cuts. been addressed. However, in order to schoolyard shootings and gang activi- These surplus projections can have meet the political deadline of the up- ties, it is also one of the hardest. The an intoxicating effect, so much so that coming Party conventions, the Senate fabric of our society, the warp of fam- massive tax cuts seem suddenly afford- is acting on this legislation today, ily closeness and the woof of commu- able. What is forgotten is the fact that which is unfortunate. nity, is torn and frayed. If a family these surplus projections are highly I support marriage penalty relief, and makes the increasingly difficult choice volatile, and subject to dramatic I believe that both the Republican and to allow one parent to stay at home change. Just since last year, these ten- Democratic proposals would provide and focus on child rearing, then, frank- year surplus projections have increased substantial relief. However, I object to ly, I think we ought to make it easier by almost $2 trillion. Some of that in- the fashion in which these proposals for them to do so. We certainly should crease stemmed from an increase in tax are being considered. As I said before, not make it harder, or more financially revenues from the strong economy, but these proposals are extremely expen- punitive! It is too important for the most resulted from simple changes in sive. They should be debated in a way continued strength of our society. I am expectations about how well the econ- that would allow for many amend- pleased that this bill takes this impor- omy would perform five and ten years ments and ample debate time. Unfortu- tant step of recognizing the role of the out into the future. These expectations nately, they were brought up under July 17, 2000 CONGRESSIONAL RECORD — SENATE S7055 reconciliation protections to avoid for the proper mechanics for the safe DEPARTMENT OF THE INTERIOR such restrictions. While the intent of expression of public opinion to prevent AND RELATED AGENCIES APPRO- the legislation may be worthwhile, I popular majorities from pursuing their PRIATIONS ACT, 2001—Continued object to legislation being pushed purposes through means that wore AMENDMENTS NOS. 3778; 3779, AS MODIFIED; 3784, through in this manner. The fast-track away the bonds that might otherwise AS MODIFIED; 3786, AS MODIFIED; 3787, AS MODI- reconciliation procedures that were en- restrain them. I think it is also fair to FIED; 3788; 3789; 3891; 3892; 3893; 3894; 3895; 3896; 3897; acted in the Congressional Budget Act say that Madison would have opposed 3898; 3899; 3900; 3901; 3902; 3903; 3904; 3905; 3906; 3907; of 1974 were never intended to be used legislating in this fashion, and the en- AND 3908 as a method to enact massive tax cuts actment of tax legislation under rec- The amendments, en bloc, were that could not be passed without a onciliation instructions because it re- agreed to as follows: thorough debate and amendment proc- moves the bonds that ordinarily would AMENDMENT NO. 3778 ess. I know, because I helped to write prevent the majority party from push- (Purpose: To designate funds for the United the Congressional Budget Act of 1974, ing through legislation which happens Sioux Tribes of South Dakota Develop- and it was never my contemplation to be the hot political issue of the moment Corporation for the purpose of em- that the reconciliation process would ment. The Senate will learn one day ployment assistance) be used in this way and for these pur- the detrimental cost of legislating in On page 138, line 1, insert ‘‘; and of which poses—never! I would not have sup- this fashion. not to exceed $108,000 shall be for payment to ported it. I would have voted against the United Sioux Tribes of South Dakota De- Nonetheless, as I have said before, I it. velopment Corporation for the purpose of will support both marriage penalty re- providing employment assistance to Indian In fact, I would have left some loop- lief proposals in order to eliminate clients of the Corporation, including employ- holes in the process that would have what can only be described as an unin- ment counseling, follow-up services, housing saved us from this spectacle every services, community services, day care serv- year, where tax legislation with wide- tended and unfair consequence of the income tax code. However, I do so with ices, and subsistence to help Indian clients ranging ramifications on domestic and become fully employed members of society’’ defense spending priorities that should a certain degree of reluctance out of before the colon. be debated at great length and amend- concern that my support would, in any ed many times is rushed through this way, be considered an endorsement of AMENDMENT NO. 3779 AS MODIFIED Chamber in order to fulfill a political this style of legislating or that it On page 168, line 13, insert the following party’s agenda. Reconciliation has be- would indicate my willingness to for- before the colon: ‘‘, of which $1,000,000 shall come a bear trap that cuts off senators sake fiscal responsibility relating to be for the acquisition of lands on the Pisgah Social Security and Medicare in order National Forest and not to exceed $1,000,000 from debate and ensures that legisla- shall be for Forest Holdings’’. tion will be voted upon regardless of to finance massive tax cuts. whether there has been ample debate. Mr. ROTH. Mr. President, I ask unan- AMENDMENT NO. 3784 AS MODIFIED Reconciliation typically allows for imous consent that votes occur in rela- (Purpose: To provide for the management of only twenty hours of debate, equally tion to the following amendments in the Valles Caldera National Preserve) divided between the two leaders, which the following sequence, beginning im- On page 165, after line 18, add the fol- can be yielded back by the leaders mediately after the adoption of the In- lowing: under a nondebatable motion. This terior appropriations bill, with 2 min- For an additional amount to cover nec- year, the reconciliation bill will be utes prior to each vote for explanation: essary expenses for implementation of the voted upon after only two hours and Burns No. 3872, Hollings No. 3875, Lott Valles Caldera Preservation Act, $990,000, to twenty-two minutes of debate. Less No. 3881, final passage. remain available until expended, which shall than two and one-half hours on a meas- be available to the Secretary for the man- The PRESIDING OFFICER. Without agement of the Valles Caldera National Pre- ure that would cost $248 billion over objection, it is so ordered. serve: Provided, That any remaining balances ten years. We owe the American people be provided to the Valles Caldera Trust upon the assurance that their representa- Mr. ROTH. Mr. President, I further its assumption of the management of the tives are enacting legislation that will ask unanimous consent that following Preserve: Provided further, That the amount substantively address the marriage passage, the Senate insist on its available in this bill to the Office of the So- penalty problem in the most cost-effi- amendment, request a conference with licitor within the Department of the Interior cient method possible. the House, and the Chair be authorized shall not exceed $39,206,000. I spoke in April on marriage penalty to appoint conferees on the part of the relief and the majority party’s insist- Senate, with those conferees being AMENDMENT NO. 3786 AS MODIFIED ence on pushing this particular legisla- ROTH, LOTT, and MOYNIHAN. (Purpose: To direct monies from the federal tion through the Senate. While I sup- subsistence account to the State of Alaska The PRESIDING OFFICER. Without to provide effective dual management ported marriage penalty relief then, I objection, it is so ordered. under the federal subsistence fisheries pro- still opposed cloture to end debate on Mr. ROTH. Therefore, there will be gram) the underlying bill to allow senators to On page 170, line 3 insert before the period offer amendments, debate those no further votes, as already has been announced, this evening. Up to 11 votes the following: ‘‘, Provided, That $750,000 shall amendments, and then vote on those be transferred to the State of Alaska Depart- amendments. Incidentally, this legisla- will occur in a stacked sequence begin- ment of Fish and Game as a direct payment tion was withdrawn from the floor ning at 9:45 a.m. on Tuesday. for administrative and policy coordination after the minority party insisted on and an additional $250,000 shall be trans- these rights, which is why this mar- f ferred to United Fishermen of Alaska as a direct payment’’. riage penalty relief bill is now being considered in this fashion, under rec- ORDER OF PROCEDURE AMENDMENT NO. 3787 AS MODIFIED onciliation protection. I made remarks (Purpose: To authorize the accrual of inter- in April on the marriage penalty relief Mr. ROTH. Mr. President, I ask unanimous consent that the Senate now est on escrow accounts established under bill, and made reference to James section 1411 of the Alaska National Inter- Madison’s ideas on popular govern- turn to the Interior appropriations bill est Lands Conservation Act and relating to ment, and the irony of how pushing and I be recognized to call up the man- re-withdrawn lands) through marriage penalty relief based agers’ package of amendments which is At the end of Title I, insert the following on the notion that it is politically pop- at the desk, the amendments be renew section: ular represented Madison’s most pro- ported and agreed to, the motions to SEC. (a) All proceeds of Oil and Gas Lease found worries about the character of reconsider be laid upon the table, and sale 991, held by the Bureau of Land Manage- republican politics. A fear of impulsive the Senate then turn to H.R. 4516, the ment on May 5, 1999, or subsequent lease sales in the National Petroleum Reserve— and dangerous influence that runaway legislative appropriations bill, for Sen- ator BOXER to offer her amendment. Alaska within the area subject to with- public opinion could exert over legisla- drawal for Kuukpik Corporation’s selection tion lay at the core of his thinking in The PRESIDING OFFICER. Without under section 22(j)(2) of the Alaska Native 1787 and 1788. Indeed, Madison searched objection, it is so ordered. Claims Settlement Act, Public Law S7056 CONGRESSIONAL RECORD — SENATE July 17, 2000

92–203 (85 Stat. 688), shall be held in an es- AMENDMENT NO. 3894 ‘‘(1) CONVEYANCE.— crow account administered under the terms (Purpose: To set aside funding for the devel- ‘‘(A) IN GENERAL.—The Secretary shall con- of section 1411 of the Alaska National Inter- opment of a preservation plan for Cane vey to the County, subject to valid existing est Lands Conservation Act, Public Law 96– River National Heritage Area, Louisiana) rights, all right, title, and interest in and to 487 (94 Stat. 2371), without regard to whether On page 125, line 25, after ‘‘$58,209,000,’’ in- the parcels of public land described in para- a withdrawal for selection has been made, sert ‘‘of which not less than $500,000 shall be graph (2). and paid to Arctic Slope Regional Corpora- used to develop a preservation plan for the ‘‘(B) PRICE.—The conveyance under para- tion and the State of Alaska in the amount Cane River National Heritage Area, Lou- graph (1) shall be made at a price determined of their entitlement under law when deter- isiana, and’’. to be appropriate for the conveyance of land mined, together with interest at the rate for educational facilities under the Act of provided in the aforementioned section 1411, AMENDMENT NO. 3895 June 14, 1926 (commonly known as the ‘‘Recreation and Public Purposes Act’’) (43 from the date of receipt of the proceeds by (Purpose: To set aside funding for the Na- U.S.C. 869 et seq.).’’. the United States to the date of payment. tional Center for Preservation Technology There is authorized to be appropriated such and Training for the development of a sums as are necessary to carry out the pur- model for heritage education through dis- AMENDMENT NO. 3901 poses of this section. tance learning) On page 164, line 23 of the bill, immediately (b) This section shall be effective as of May On page 126, line 2, before the period at the preceding the ‘‘:’’ insert ‘‘and of which not 5, 1999. end, insert ‘‘, and of which $250,000 shall be less than an additional $500,000 shall be available to the National Center for Preser- available for law enforcement purposes on AMENDMENT NO. 3788 vation Technology and Training for the de- the Pisgah and Nantahala national forests.’’. (Purpose: To provide a monies to the City of velopment of a model for heritage education Craig, Alaska in lieu of municipal land en- through distance learning’’. AMENDMENT NO. 3902 titlements authorized under the Alaska On page 130, add the following after line 24: Statehood Act) AMENDMENT NO. 3896 ‘‘For an additional amount for ‘‘Surveys, Investigations, and Research’’, $1,800,000, to On page 168, line 18 insert before the period On page 165, at the end of line 25 before the remain available until expended, to repair or the following: ‘‘; Provided further, That of the colon: ‘‘of which not less than $2,4000,000 replace stream monitoring equipment and amounts appropriated and available, the shall be made available for fuels reduction associated facilities damaged by natural dis- Secretary of Agriculture shall transfer as a activities at Sequoia National Monument’’. asters; Provided, That the entire amount is direct payment to the City of Craig at least AMENDMENT NO. 3897 designated by the Congress as an emergency $5,000,000 but not to exceed $10,000,000 in lieu requirement pursuant to section 251(b)(2)(A) of any claims or municipal entitlement to On page 215, line 24, strike ‘‘or’’ and insert of the Balanced Budget and Emergency Def- land within the outside boundaries of the ‘‘and’’, and on page 216, line 1, strike ‘‘at’’ icit Control Act of 1985, as amended.’’ Tongass National Forest pursuant to section and insert ‘‘of’’. 6(a) of Public Law 85-508, the Alaska State- AMENDMENT NO. 3903 hood Act, as amended; Provided further, AMENDMENT NO. 3898 That should the directive in the preceding (Purpose: To create a curriculum for the in- (Purpose: To provide that funding shall be proviso conflict with any provision of exist- struction of Federal Land Managers in available to complete an updated study of ing law the preceding proviso shall prevail Alaska on the contents and legislative his- the New York-New Jersey highlands under and take precedence’’. tory of the Alaska National Interest Lands this Forest Stewardship Act of 1990) Conservation Act) On page 164, line 14, before the period at AMENDMENT NO. 3789 At the end of Title III, add the following: the end insert ‘‘, of which not less than ‘‘SEC. . Of the funds appropriated in Title $750,000 shall be available to complete an up- (Purpose: To provide for the relief of Harvey I of this Act, the Secretary shall provide dated study of the New York-New Jersey R. Redmond) $300,000 in the form of a grant to the Alaska highlands under section 1244(b) of the Food, At the end of Title I insert the following Pacific University’s Institute of the North Agriculture, Conservation, and Trade Act of new section: for the development of a curriculum on the 1990 (104 Stat. 3547)’’. ‘‘SEC. . Notwithstanding any other provi- Alaska National Interest Lands Conserva- sion of law, the Secretary of the Interior tion Act (ANILCA). At a minimum this AMENDMENT NO. 3904 ANILCA curriculum should contain compo- shall covey to Harvey R. Redmond of On page 125, line 11, strike ‘‘$1,443,795,000,’’ nents which explain the law, its legislative Girdwood, Alaska, at no cost, all right, title, and insert the following: ‘‘$1,443,995,000, of history, the subsequent amendments, and and interest of the United States in and to which $200,000 shall be available for the con- the principal case studies on issues that have United States Survey No. 12192, Alaska, conduct of a wilderness suitability study at risen during 20 years of implementation of sisting of 49.96 acres located in the vicinity Apostle Islands National Lakeshore, Wis- the Act; examine challenges faced by con- of T. 9N., R., 3E., Seward Meridian, Alaska.’’. consin, and’’. servation system managers in implementing the Act; and link ANILCA to other signifi- AMENDMENT NO. 3891 AMENDMENT NO. 3905 cant land and resource laws governing Alas- On page 125, line 25, strike ‘‘58,209,000,’’ and ka’s lands and resources. In addition, within (Purpose: To set aside funding for the design insert the following: ‘‘63,249,000, of which the funds provided, Alaska Pacific Univer- and consideration of educational and infor- $1,000,000 shall be for the Lewes Maritime sity’s Institute of the North shall gather the mational displays for the Missouri Recre- Historic Park’’. oral histories of key Members of Congress in ation Rivers Research and Education Cen- 1980 and before to demonstrate the intent of ter, Nebraska) AMENDMENT NO. 3892 Congress in fashioning ANILCA, as well as On page 126, line 22, before the period at (Purpose: To provide funding to carry out ex- members of President Carter’s and Alaska the end, insert ‘‘: Provided further, That not hibitions at and acquire interior fur- Governor Hammond’s Administrations, Con- less than $2,350,000 shall be used for construc- nishings for the Rosa Parks Library and gressional staff and stakeholders who were tion at Ponca State Park, Nebraska, includ- Museum, Alabama, with an offset) involved in the creation of the Act.’’ ing $1,500,000 to be used for the design and construction of educational and informa- On page 125, line 25, before ‘‘of which’’ in- AMENDMENT NO. 3899 tional displays for the Missouri Recreation sert the following: ‘‘of which $1,000,000 shall (Purpose: To set aside additional funding for Rivers Research and Education Center, Ne- be available to carry out exhibitions at and the Roosevelt Campobello International braska’’. acquire interior furnishings for the Rosa Park Commission) Parks Library and Museum, Alabama, and’’. On page 125, line 25, after ‘‘$58,209,000’’, in- AMENDMENT NO. 3906 sert ‘‘, of which not less than $730,000 shall be On page 159, strike lines 13 through 19 and AMENDMENT NO. 3893 available for use by the Roosevelt Campo- insert the following: (Purpose: To provide funding for acquisition bello International Park Commission, and’’. ‘‘SEC. 119. None of the funds in this Act of land around the Bon Secour National may be used to establish a new National Wildlife Refuge, Alabama, with an offset) AMENDMENT NO. 3900 Wildlife Refuge in the Kankakee River basin On page 122, line 9, before the period, At the end of Title I, add the following: unless a plan for such a refuge is consistent insert the following: ‘‘, of which ‘‘SEC. . CLARIFICATION OF TERMS OF CONVEY- with a partnership agreement between the $1,000,000 shall be used for acquisition ANCE TO NYE COUNTY, NEVADA. Fish and Wildlife Service and the Army Section 132 of the Department of the Inte- Corps of Engineers entered into on April 16, of land around the Bon Secour Na- rior and Related Agencies Appropriations 1999 and is submitted to the House and Sen- tional Wildlife Refuge, Alabama, and of Act, 2000 (113 Stat. 1535, 1501A–165), is amend- ate Committees on Appropriations thirty (30) which not more than $6,500,000 shall be ed by striking paragraph (1) and inserting days prior to the establishment of the refused for acquisition management’’. the following: uge.’’ July 17, 2000 CONGRESSIONAL RECORD — SENATE S7057 AMENDMENT NO. 3907 cinogens. They are acute nerve toxins cation of a pesticide containing a known or (Purpose: To help ensure general aviation and others that contain highly toxic probable carcinogen, a category I or II acute aircraft access to Federal land and the air- chemicals. nerve toxin or a pesticide of the space over that land) organophosphate, carbamate, or We do permit the spraying of such organochlorine class as determined by the On page 225, between lines 11 and 12, insert highly toxic chemicals in the rare case U.S. Environmental Protection Agency to the following: of an emergency. If there were a sudden U.S. Capitol buildings or grounds maintained SEC. 3ll. BACKCOUNTRY LANDING STRIP AC- emergency, if there were an outbreak or administered by the Architect of the U.S. CESS. where we needed to go to those highly Capitol.’’ (a) IN GENERAL.—None of the funds made toxic pesticides, under my amendment PESTICIDES AMENDMENT available by this Act shall be used to take Mrs. BOXER. Mr. President, I want any action to close permanently an aircraft we would be allowed to do that. But for landing strip described in subsection (b). routine spraying, we would go to the to thank the managers of the Legisla- (b) AIRCRAFT LANDING STRIPS.—An aircraft mildest forms of these pesticides, the tive Branch Appropriations bill for landing strip referred to in subsection (a) is ones which are classified by the EPA as agreeing to my amendment to limit a landing strip on Federal land administered having the greatest risk to public the use of toxic pesticides on U.S. Cap- by the Secretary of the Interior or the Sec- health. itol buildings and grounds. My amend- retary of Agriculture that is commonly I could cite studies that show how ment prohibits the preventive use of known and has been or is consistently used vulnerable children are to these var- pesticides containing a known or prob- for aircraft landing and departure activities. ious compounds. Children are not little able carcinogen, a class I or II acute (c) PERMANENT CLOSURE.—For the purposes adults. They are changing; their bodies nerve toxin or a pesticide of the of subsection (a), an aircraft landing strip organophosphate, carbamate or shall be considered to be closed permanently are changing. They react very badly to if the intended duration of the closure is these toxic chemicals. organocholorine class as identified by more than 180 days in any calendar year. Seven to ten million people visit the the Environmental Protection Agency. Capitol and surrounding buildings Such pesticides could be used, however, AMENDMENT NO. 3908 every year. A million take guided tours in the case of an emergency. On page 130, line 4, strike ‘‘$847,596,000’’ and of our historic buildings. We don’t Every year, approximately 7 to 10 insert ‘‘$846,596,000’’; know how many of those are children, million people visit the Capitol, many of them children. The National Acad- On page 165, line 25, strike ‘‘$618,500,000’’ but just by looking at the crowds, emy of Sciences has found that chil- and insert ‘‘$613,500,000’’; quite a number are. I know in my office On page 164, line 19, strike ‘‘$1,233,824,000’’ dren are particularly vulnerable to the alone—and I am sure the Chair has and insert ‘‘$1,231,824,000’’. harmful effects of toxic pesticides, that thousands of youngsters visiting in his f current Environmental Protection office—we studied it, and we have vis- Agency pesticide standards are not pro- LEGISLATIVE BRANCH its by over 33,000 school-age children tective of children and that up to 25% APPROPRIATIONS ACT, 2001 every year. I think by adopting this percent of childhood learning disabil- The PRESIDING OFFICER. Under amendment, we are setting a valuable ities may be attributable to a combina- the previous order, the Senate will now example here at the Capitol that I hope tion of exposure to toxic chemicals like proceed to the consideration of H.R. all the State capitols will follow. We pesticides and genetic factors. My 4516, an act making appropriations for will begin to see that we can in fact amendment will help protect young the legislative branch for the fiscal control these pests in a way that is visitors to Washington from the harm- year ending September 30, 2001, and for much more friendly to our children. ful effects of toxic pesticides by lim- other purposes. In closing, there is a wonderful orga- iting the use of such pesticides at the The text of H.R. 4516 is amended with nization in California named after a U.S. Capitol. the text of S. 2603, as follows: beautiful little child who died of envi- Mr. President, I thank the managers On page 2 after ‘‘Title 1 Congressional Op- ronmental causes several years ago. for their support and I hope that they erations’’ insert page 2, line 6 of S. 2603 Her parents founded this organization. will work to ensure that this amend- through page 13, line 14 It is called CHEC, the Children’s ment is preserved in conference. May I On page 8, line 8 of H.R. 4516, strike Health Environmental Coalition. They inquire of the distinguished Ranking through line 12, page 23 are the ones, years ago, who got me in- Member of the Subcommittee if she Insert line 15, page 13 of S. 2603 through terested in this area. What we are try- will support the amendment in con- line 11, page 23 ing to do on every bill that we can is to ference with the House? In H.R. 4516, strike line 17, page 23 through set this example and say we won’t be Mrs. FEINSTEIN. I thank my col- line 6, page 45 Insert line 12 page 23 of S. 2603 through line using this highly toxic form of control- league from California for her ques- 17, page 76. ling pests. Tomorrow I will have a de- tion. I assure her that I will work in bate with one of my colleagues on the conference to retain the Senator’s The amendments were agreed to. other side of the aisle. I am trying to amendment on pesticide use at the U.S. The PRESIDING OFFICER. Under offer a similar amendment to the Inte- Capitol. the previous order, the Senator from rior bill, but we may get into a bit of Mrs. BOXER. Mr. President, I move California, Mrs. BOXER, is recognized. a debate then. to reconsider the vote. AMENDMENT NO. 3909 Tonight is the night for me to say Mr. ROTH. I move to lay that motion Mrs. BOXER. Mr. President, I will thank you to you, Mr. President, for on the table. take but 2 minutes of the Senate’s your indulgence, and to the managers The motion to lay on the table was time, given that it is so late this who are here late this evening handling agreed to. evening. this. I will yield back my time, and I The PRESIDING OFFICER. The pro- I thank the managers of the legisla- expect we will have a voice vote and I visions of the unanimous consent tive appropriations bill for accepting would like to be present for that, if we agreement are executed. The bill (H.R. 4516), as amended, was this amendment. I think the Chair could do that. read the third time and passed, as fol- would be interested in it as well, given I yield back my time and ask that we lows: the fact that he is the chairman of the have a voice vote at this time. Environment Committee on which I The PRESIDING OFFICER. The Resolved, That the bill from the House of proudly serve. Representatives (H.R. 4516) entitled ‘‘An Act question is on agreeing to the amend- making appropriations for the Legislative This amendment merely says that we ment. Branch for the fiscal year ending September would limit the use of dangerous pes- The amendment (No. 3909) was agreed 30, 2001, and for other purposes.’’, do pass ticide spraying here at the Capitol and to, as follows: with the following amendments: on the Capitol Grounds where we have AMENDMENT NO. 3909 Ω1æPage 2, after line 5, insert: so many children and so many families (Purpose: limit funds for pesticide use) SENATE visiting us every year. My amendment At the appropriate place, insert the fol- EXPENSE ALLOWANCES prohibits the routine use of highly lowing: For expense allowances of the Vice President, toxic pesticides. Those are the ones ‘‘None of the funds appropriated under this $10,000; the President Pro Tempore of the Sen- that contain known or probable car- Act may be used for the preventative appli- ate, $10,000; Majority Leader of the Senate, S7058 CONGRESSIONAL RECORD — SENATE July 17, 2000 $10,000; Minority Leader of the Senate, $10,000; keeper of the Senate, $3,000; Secretary for the ‘‘(e) Any percentage used in any statute spe- Majority Whip of the Senate, $5,000; Minority Majority of the Senate, $3,000; Secretary for the cifically providing for an adjustment in rates of Whip of the Senate, $5,000; and Chairmen of the Minority of the Senate, $3,000; in all, $12,000. pay in lieu of an adjustment made under section Majority and Minority Conference Committees, CONTINGENT EXPENSES OF THE SENATE 5303 of title 5, United States Code, and, as the $3,000 for each Chairman; and Chairmen of the case may be, section 5304 or 5304a of such title INQUIRIES AND INVESTIGATIONS Majority and Minority Policy Committees, $3,000 for any calendar year shall be treated as the for each Chairman; in all, $62,000. For expenses of inquiries and investigations percentage used in an adjustment made under ordered by the Senate, or conducted pursuant to such section 5303, 5304, or 5304a, as applicable, REPRESENTATION ALLOWANCES FOR THE section 134(a) of Public Law 601, Seventy-ninth MAJORITY AND MINORITY LEADERS for purposes of subsection (a).’’. Congress, as amended, section 112 of Public Law SEC. 3. (a) Section 6(c) of the Legislative For representation allowances of the Majority 96–304 and Senate Resolution 281, agreed to Branch Appropriations Act, 1999 (2 U.S.C. 121b– and Minority Leaders of the Senate, $15,000 for March 11, 1980, $73,000,000. 1(c)) is amended— each such Leader; in all, $30,000. EXPENSES OF THE UNITED STATES SENATE CAUCUS (1) by striking ‘‘and agency contributions’’ in SALARIES, OFFICERS AND EMPLOYEES ON INTERNATIONAL NARCOTICS CONTROL paragraph (2)(A), and For compensation of officers, employees, and For expenses of the United States Senate Cau- (2) by adding at the end the following: others as authorized by law, including agency cus on International Narcotics Control, $370,000. ‘‘(3) Agency contributions for employees of contributions, $92,321,000, which shall be paid SECRETARY OF THE SENATE Senate Hair Care Services shall be paid from the appropriations account for ‘SALARIES, OFFICERS from this appropriation without regard to the For expenses of the Office of the Secretary of AND EMPLOYEES’.’’ below limitations, as follows: the Senate, $2,077,000. OFFICE OF THE VICE PRESIDENT (b) This section shall apply to pay periods be- SERGEANT AT ARMS AND DOORKEEPER OF THE ginning on or after October 1, 2000. For the Office of the Vice President, SENATE SEC. 4. (a) There is established in the Treas- $1,785,000. For expenses of the Office of the Sergeant at ury of the United States a revolving fund to be OFFICE OF THE PRESIDENT PRO TEMPORE Arms and Doorkeeper of the Senate, $71,261,000, known as the Senate Health and Fitness Facil- For the Office of the President Pro Tempore, of which $2,500,000 shall remain available until ity Revolving Fund (‘‘the revolving fund’’). $453,000. September 30, 2003. (b) The Architect of the Capitol shall deposit OFFICES OF THE MAJORITY AND MINORITY MISCELLANEOUS ITEMS in the revolving fund— (1) any amounts received as dues or other as- LEADERS For miscellaneous items, $8,655,000. sessments for use of the Senate Health and Fit- For Offices of the Majority and Minority SENATORS’ OFFICIAL PERSONNEL AND OFFICE ness Facility, and Leaders, $2,742,000. EXPENSE ACCOUNT (2) any amounts received from the operation OFFICES OF THE MAJORITY AND MINORITY WHIPS For Senators’ Official Personnel and Office of the Senate waste recycling program. For Offices of the Majority and Minority Expense Account, $253,203,000. (c) Subject to the approval of the Committee Whips, $1,722,000. OFFICIAL MAIL COSTS on Appropriations of the Senate, amounts in the revolving fund shall be available to the Archi- COMMITTEE ON APPROPRIATIONS For expenses necessary for official mail costs tect of the Capitol, without fiscal year limita- For salaries of the Committee on Appropria- of the Senate, $300,000. tion, for payment of costs of the Senate Health tions, $6,917,000. ADMINISTRATIVE PROVISIONS and Fitness Facility. CONFERENCE COMMITTEES SECTION 1. SEMIANNUAL REPORT. (a) IN GEN- (d) The Architect of the Capitol shall with- For the Conference of the Majority and the ERAL.—Section 105(a) of the Legislative Branch draw from the revolving fund and deposit in the Conference of the Minority, at rates of com- Appropriations Act, 1965 (2 U.S.C. 104a) is Treasury of the United States as miscellaneous pensation to be fixed by the Chairman of each amended by adding at the end the following: receipts all moneys in the revolving fund that such committee, $1,152,000 for each such com- ‘‘(5)(A) Notwithstanding the requirements of the Architect determines are in excess of the mittee; in all, $2,304,000. paragraph (1) relating to the level of detail of current and reasonably foreseeable needs of the OFFICES OF THE SECRETARIES OF THE CON- statement and itemization, each report by the Senate Health and Fitness Facility. FERENCE OF THE MAJORITY AND THE CON- Secretary of the Senate required under such (e) Subject to the approval of the Committee FERENCE OF THE MINORITY paragraph shall be compiled at a summary level on Rules and Administration of the Senate, the for each office of the Senate authorized to obli- Architect of the Capitol may issue such regula- For Offices of the Secretaries of the Con- gate appropriated funds. tions as may be necessary to carry out the provi- ference of the Majority and the Conference of ‘‘(B) Subparagraph (A) shall not apply to the sions of this section. the Minority, $590,000. reporting of expenditures relating to personnel SEC. 5. For each fiscal year (commencing with POLICY COMMITTEES compensation, travel and transportation of per- the fiscal year ending September 30, 2001), there For salaries of the Majority Policy Committee sons, other contractual services, and acquisition is authorized an expense allowance for the and the Minority Policy Committee, $1,171,000 of assets. Chairmen of the Majority and Minority Policy for each such committee; in all, $2,342,000. ‘‘(C) In carrying out this paragraph the Sec- Committees which shall not exceed $3,000 each OFFICE OF THE CHAPLAIN retary of the Senate shall apply the Standard fiscal year for each such Chairman; and Federal Object Classification of Expenses as the For Office of the Chaplain, $288,000. amounts from such allowance shall be paid to Secretary determines appropriate.’’. either of such Chairmen only as reimbursement OFFICE OF THE SECRETARY (b) EFFECTIVE DATE AND APPLICATION.— for actual expenses incurred by him and upon For Office of the Secretary, $14,738,000. (1) IN GENERAL.—Subject to paragraph (2), the certification and documentation of such ex- OFFICE OF THE SERGEANT AT ARMS AND amendment made by this section shall take ef- penses, and amounts so paid shall not be re- DOORKEEPER fect on the date of enactment of this Act. ported as income and shall not be allowed as a (2) FIRST REPORT AFTER ENACTMENT.—The For Office of the Sergeant at Arms and Door- deduction under the Internal Revenue Code of Secretary of the Senate may elect to compile and keeper, $34,811,000. 1986. submit the report for the semiannual period dur- SEC. 6. (a) The head of the employing office of OFFICES OF THE SECRETARIES FOR THE MAJORITY ing which the date of enactment of this section an employee of the Senate may, upon termi- AND MINORITY occurs, as if the amendment made by this sec- nation of employment of the employee, author- For Offices of the Secretary for the Majority tion had not been enacted. ize payment of a lump sum for the accrued an- and the Secretary for the Minority, $1,292,000. SEC. 2. SENATE EMPLOYEE PAY ADJUSTMENTS. nual leave of that employee if— AGENCY CONTRIBUTIONS AND RELATED EXPENSES Section 4 of the Federal Pay Comparability Act (1) the head of the employing office— of 1970 (2 U.S.C. 60a–1) is amended— For agency contributions for employee bene- (A) has approved a written leave policy au- (1) in subsection (a)— fits, as authorized by law, and related expenses, thorizing employees to accrue leave and estab- (A) by inserting ‘‘(or section 5304 or 5304a of $22,337,000. lishing the conditions upon which accrued leave such title, as applied to employees employed in may be paid; and OFFICE OF THE LEGISLATIVE COUNSEL OF THE the pay locality of the Washington, D.C.-Balti- (B) submits written certification to the Finan- SENATE more, Maryland consolidated metropolitan sta- cial Clerk of the Senate of the number of days For salaries and expenses of the Office of the tistical area)’’ after ‘‘employees under section of annual leave accrued by the employee for Legislative Counsel of the Senate, $4,046,000. 5303 of title 5, United States Code,’’; and which payment is to be made under the written OFFICE OF SENATE LEGAL COUNSEL (B) by inserting ‘‘(and, as the case may be, leave policy of the employing office; and section 5304 or 5304a of such title, as applied to (2) there are sufficient funds to cover the lump For salaries and expenses of the Office of Sen- employees employed in the pay locality of the sum payment. ate Legal Counsel, $1,069,000. Washington, D.C.-Baltimore, Maryland consoli- (b)(1) A lump sum payment under this section EXPENSE ALLOWANCES OF THE SECRETARY OF dated metropolitan statistical area)’’ after ‘‘the shall not exceed the lesser of— THE SENATE, SERGEANT AT ARMS AND DOOR- President under such section 5303’’; (A) twice the monthly rate of pay of the em- KEEPER OF THE SENATE, AND SECRETARIES FOR (2) by redesignating subsection (e) as sub- ployee; or THE MAJORITY AND MINORITY OF THE SENATE section (f); and (B) the product of the daily rate of pay of the For expense allowances of the Secretary of the (3) by inserting after subsection (d) the fol- employee and the number of days of accrued an- Senate, $3,000; Sergeant at Arms and Door- lowing: nual leave of the employee. July 17, 2000 CONGRESSIONAL RECORD — SENATE S7059 (2) The Secretary of the Senate shall deter- by the Chief Administrative Officer of the vided to the Sergeant at Arms of the House of mine the rates of pay of an employee under House. Representatives under the heading ‘‘SALARIES’’; paragraph (1) (A) and (B) on the basis of the For other joint items, as follows: (2) the Committee on Appropriations of the annual rate of pay of the employee in effect on OFFICE OF THE ATTENDING PHYSICIAN Senate, in the case of amounts transferred from the date of termination of employment. For medical supplies, equipment, and contin- the appropriation provided to the Sergeant at (c) Any payment under this section shall be gent expenses of the emergency rooms, and for Arms and Doorkeeper of the Senate under the paid from the appropriation account or fund the Attending Physician and his assistants, in- heading ‘‘SALARIES’’; and used to pay the employee. cluding: (1) an allowance of $1,500 per month to (3) the Committees on Appropriations of the (d) If an individual who received a lump sum the Attending Physician; (2) an allowance of Senate and the House of Representatives, in the payment under this section is reemployed as an $500 per month each to three medical officers case of other transfers. employee of the Senate before the end of the pe- while on duty in the Office of the Attending SEC. 102. APPOINTMENT OF CERTIFYING OFFI- riod covered by the lump sum payment, the indi- Physician; (3) an allowance of $500 per month to CERS OF THE CAPITOL POLICE. The Capitol Po- vidual shall refund an amount equal to the ap- one assistant and $400 per month each not to ex- lice Board shall appoint certifying officers to plicable pay covering the period between the ceed 11 assistants on the basis heretofore pro- certify all vouchers for payment from Capitol date of reemployment and the expiration of the vided for such assistants; and (4) $1,159,904 for Police appropriations and funds. lump sum period. Such amount shall be depos- reimbursement to the Department of the Navy SEC. 103. CERTIFYING OFFICERS OF THE CAP- ited to the appropriation account or fund used for expenses incurred for staff and equipment ITOL POLICE; ACCOUNTABILITY; RELIEF BY to pay the lump sum payment. assigned to the Office of the Attending Physi- COMPTROLLER GENERAL. Each officer or em- (e) The Committee on Rules and Administra- cian, which shall be advanced and credited to ployee of the Capitol Police, who has been duly tion of the Senate may prescribe regulations to the applicable appropriation or appropriations authorized in writing by the Capitol Police carry out this section. from which such salaries, allowances, and other Board to certify vouchers for payment from ap- (f) In this section, the term— expenses are payable and shall be available for propriations and funds, shall (1) be held respon- (1) ‘‘employee of the Senate’’ means any em- all the purposes thereof, $1,835,000, to be dis- sible for the existence and correctness of the ployee whose pay is disbursed by the Secretary bursed by the Chief Administrative Officer of facts recited in the certificate or otherwise stat- of the Senate, except that the term does not in- the House. ed on the voucher or its supporting papers and clude a member of the Capitol Police or a civil- for the legality of the proposed payment under CAPITOL POLICE BOARD ian employee of the Capitol Police; and the appropriation or fund involved; (2) be held (2) ‘‘head of the employing office’’ means any CAPITOL POLICE responsible and accountable for the correctness person with the final authority to appoint, hire, SALARIES of the computations of certified vouchers; and discharge, and set the terms, conditions, or For the Capitol Police Board for salaries of of- (3) be held accountable for and required to make privileges of the employment of an individual ficers, members, and employees of the Capitol good to the United States the amount of any il- whose pay is disbursed by the Secretary of the Police, including overtime, hazardous duty pay legal, improper, or incorrect payment resulting Senate. differential, clothing allowance of not more from any false, inaccurate, or misleading certifi- SEC. 7. (a) Agency contributions for employees than $600 each for members required to wear ci- cate made by him, as well as for any payment whose salaries are disbursed by the Secretary of vilian attire, and Government contributions for prohibited by law or which did not represent a the Senate from the appropriations account health, retirement, Social Security, and other legal obligation under the appropriation or fund ‘‘JOINT ECONOMIC COMMITTEE’’ under the head- applicable employee benefits, $102,700,000, of involved: Provided, That the Comptroller Gen- ing ‘‘JOINT ITEMS’’ shall be paid from the Sen- which $51,350,000 is provided to the Sergeant at eral of the United States may, at his discretion, ate appropriations account for ‘‘SALARIES, OFFI- Arms of the House of Representatives, to be dis- relieve such certifying officer or employee of li- CERS AND EMPLOYEES’’. bursed by the Chief Administrative Officer of ability for any payment otherwise proper when- (b) This section shall apply to pay periods be- the House, and $51,350,000 is provided to the ever he finds (1) that the certification was based ginning on or after October 1, 2000. Sergeant at Arms and Doorkeeper of the Senate, on official records and that such certifying offi- SEC. 8. Section 316(b) of Public Law 101–302 to be disbursed by the Secretary of the Senate: cer or employee did not know, and by reason- (40 U.S.C. 188b–6(b)) is amended by striking Provided, That, of the amounts appropriated able diligence and inquiry could not have ‘‘shall’’ and inserting ‘‘may’’. under this heading, such amounts as may be ascertained, the actual facts, or (2) that the ob- Ω2æPage 8, strike out all after line 7, over to necessary may be transferred between the Ser- ligation was incurred in good faith, that the and including line 12 on page 23, and insert: geant at Arms of the House of Representatives payment was not contrary to any statutory pro- JOINT ITEMS and the Sergeant at Arms and Doorkeeper of the vision specifically prohibiting payments of the character involved, and the United States has For Joint Committees, as follows: Senate, upon approval of the Committee on Ap- propriations of the House of Representatives received value for such payment. JOINT CONGRESSIONAL COMMITTEE ON and the Committee on Appropriations of the SEC. 104. ENFORCEMENT OF LIABILITY OF CER- INAUGURAL CEREMONIES OF 2001 Senate. TIFYING OFFICERS OF THE CAPITOL POLICE. The liability of these certifying officers or employees For all construction expenses, salaries, and GENERAL EXPENSES other expenses associated with conducting the shall be enforced in the same manner and to the For the Capitol Police Board for necessary ex- inaugural ceremonies of the President and Vice same extent as now provided by law with re- penses of the Capitol Police, including motor ve- President of the United States, January 20, 2001, spect to enforcement of the liability of dis- hicles, communications and other equipment, se- in accordance with such program as may be bursing and other accountable officers; and curity equipment and installation, uniforms, adopted by the joint committee authorized by they shall have the right to apply for and ob- weapons, supplies, materials, training, medical Senate Concurrent Resolution 89, agreed to tain a decision by the Comptroller General on services, forensic services, stenographic services, March 2, 2000 (One Hundred Sixth Congress), any question of law involved in a payment on personal and professional services, the employee and Senate Concurrent Resolution 90, agreed to any vouchers presented to them for certification. assistance program, not more than $2,000 for the March 2, 2000 (One Hundred Sixth Congress), awards program, postage, telephone service, CAPITOL GUIDE SERVICE AND SPECIAL SERVICES $1,000,000 to be disbursed by the Secretary of the travel advances, relocation of instructor and li- OFFICE Senate and to remain available until September aison personnel for the Federal Law Enforce- For salaries and expenses of the Capitol Guide 30, 2001. Funds made available under this head- ment Training Center, and $85 per month for Service and Special Services Office, $2,371,000, to ing shall be available for payment, on a direct extra services performed for the Capitol Police be disbursed by the Secretary of the Senate: Pro- or reimbursable basis, whether incurred on, be- Board by an employee of the Sergeant at Arms vided, That no part of such amount may be used fore, or after, October 1, 2000: Provided, That of the Senate or the House of Representatives to employ more than 43 individuals: Provided the compensation of any employee of the Com- designated by the Chairman of the Board, further, That the Capitol Guide Board is au- mittee on Rules and Administration of the Sen- $6,884,000, to be disbursed by the Capitol Police thorized, during emergencies, to employ not ate who has been designated to perform service Board or their delegee: Provided, That, notwith- more than two additional individuals for not for the Joint Congressional Committee on Inau- standing any other provision of law, the cost of more than 120 days each, and not more than 10 gural Ceremonies shall continue to be paid by basic training for the Capitol Police at the Fed- additional individuals for not more than 6 the Committee on Rules and Administration, but eral Law Enforcement Training Center for fiscal months each, for the Capitol Guide Service. the account from which such staff member is year 2001 shall be paid by the Secretary of the paid may be reimbursed for the services of the STATEMENTS OF APPROPRIATIONS Treasury from funds available to the Depart- staff member (including agency contributions For the preparation, under the direction of ment of the Treasury. when appropriate) out of funds made available the Committees on Appropriations of the Senate under this heading. ADMINISTRATIVE PROVISIONS and the House of Representatives, of the state- JOINT ECONOMIC COMMITTEE SEC. 101. Amounts appropriated for fiscal year ments for the second session of the One Hundred 2001 for the Capitol Police Board for the Capitol Sixth Congress, showing appropriations made, For salaries and expenses of the Joint Eco- Police may be transferred between the headings indefinite appropriations, and contracts author- nomic Committee, $3,315,000, to be disbursed by ‘‘SALARIES’’ and ‘‘GENERAL EXPENSES’’ upon the ized, together with a chronological history of the Secretary of the Senate. approval of— the regular appropriations bills as required by JOINT COMMITTEE ON TAXATION (1) the Committee on Appropriations of the law, $30,000, to be paid to the persons des- For salaries and expenses of the Joint Com- House of Representatives, in the case of ignated by the chairmen of such committees to mittee on Taxation, $6,686,000, to be disbursed amounts transferred from the appropriation pro- supervise the work. S7060 CONGRESSIONAL RECORD — SENATE July 17, 2000 OFFICE OF COMPLIANCE buildings; heating the Government Printing Of- LIBRARY OF CONGRESS SALARIES AND EXPENSES fice and Washington City Post Office, and heat- SALARIES AND EXPENSES For salaries and expenses of the Office of ing and chilled water for air conditioning for Compliance, as authorized by section 305 of the the Supreme Court Building, the Union Station For necessary expenses of the Library of Con- Congressional Accountability Act of 1995 (2 complex, the Thurgood Marshall Federal Judici- gress not otherwise provided for, including de- U.S.C. 1385), $2,066,000. ary Building and the Folger Shakespeare Li- velopment and maintenance of the Union Cata- brary, expenses for which shall be advanced or CONGRESSIONAL BUDGET OFFICE logs; custody and custodial care of the Library reimbursed upon request of the Architect of the buildings; special clothing; cleaning, laundering SALARIES AND EXPENSES Capitol and amounts so received shall be depos- and repair of uniforms; preservation of motion For salaries and expenses necessary to carry ited into the Treasury to the credit of this ap- pictures in the custody of the Library; operation out the provisions of the Congressional Budget propriation, $39,569,000, of which $523,000 shall and maintenance of the American Folklife Cen- Act of 1974 (Public Law 93–344), including not remain available until expended: Provided, That ter in the Library; preparation and distribution more than $2,500 to be expended on the certifi- not more than $4,400,000 of the funds credited or of catalog records and other publications of the cation of the Director of the Congressional to be reimbursed to this appropriation as herein Library; hire or purchase of one passenger Budget Office in connection with official rep- provided shall be available for obligation during motor vehicle; and expenses of the Library of resentation and reception expenses, $27,113,000: fiscal year 2001. Congress Trust Fund Board not properly Provided, That no part of such amount may be LIBRARY OF CONGRESS chargeable to the income of any trust fund held used for the purchase or hire of a passenger CONGRESSIONAL RESEARCH SERVICE by the Board, $267,330,000, of which not more motor vehicle. than $6,500,000 shall be derived from collections SALARIES AND EXPENSES ADMINISTRATIVE PROVISION credited to this appropriation during fiscal year SEC. 105. Beginning on the date of enactment For necessary expenses to carry out the provi- 2001, and shall remain available until expended, of this Act and hereafter, the Congressional sions of section 203 of the Legislative Reorga- under the Act of June 28, 1902 (chapter 1301; 32 Budget Office may use available funds to enter nization Act of 1946 (2 U.S.C. 166) and to revise Stat. 480; 2 U.S.C. 150) and not more than into contracts for the procurement of severable and extend the Annotated Constitution of the $350,000 shall be derived from collections during services for a period that begins in one fiscal United States of America, $73,374,000: Provided, fiscal year 2001 and shall remain available until year and ends in the next fiscal year and may That no part of such amount may be used to expended for the development and maintenance enter into multi-year contracts for the acquisi- pay any salary or expense in connection with of an international legal information database tion of property and services, to the same extent any publication, or preparation of material and activities related thereto: Provided, That as executive agencies under the authority of sec- therefor (except the Digest of Public General the Library of Congress may not obligate or ex- tion 303L and 304B, respectively, of the Federal Bills), to be issued by the Library of Congress pend any funds derived from collections under Property and Administrative Services Act (41 unless such publication has obtained prior ap- the Act of June 28, 1902, in excess of the amount U.S.C. 253l and 254c). proval of either the Committee on House Admin- authorized for obligation or expenditure in ap- istration of the House of Representatives or the propriations Acts: Provided further, That the ARCHITECT OF THE CAPITOL Committee on Rules and Administration of the total amount available for obligation shall be re- CAPITOL BUILDINGS AND GROUNDS Senate. duced by the amount by which collections are CAPITOL BUILDINGS GOVERNMENT PRINTING OFFICE less than the $6,850,000: Provided further, That of the total amount appropriated, $10,398,600 is SALARIES AND EXPENSES CONGRESSIONAL PRINTING AND BINDING to remain available until expended for acquisi- For salaries for the Architect of the Capitol, For authorized printing and binding for the the Assistant Architect of the Capitol, and other tion of books, periodicals, newspapers, and all Congress and the distribution of Congressional other materials including subscriptions for bib- personal services, at rates of pay provided by information in any format; printing and binding law; for surveys and studies in connection with liographic services for the Library, including for the Architect of the Capitol; expenses nec- $40,000 to be available solely for the purchase, activities under the care of the Architect of the essary for preparing the semimonthly and ses- Capitol; for all necessary expenses for the main- when specifically approved by the Librarian, of sion index to the Congressional Record, as au- special and unique materials for additions to the tenance, care and operation of the Capitol and thorized by law (44 U.S.C. 902); printing and electrical substations of the Senate and House collections: Provided further, That of the total binding of Government publications authorized amount appropriated, $2,506,000 is to remain office buildings under the jurisdiction of the Ar- by law to be distributed to Members of Congress; chitect of the Capitol, including furnishings and available until expended for the acquisition and and printing, binding, and distribution of Gov- partial support for implementation of an Inte- office equipment, including not more than $1,000 ernment publications authorized by law to be for official reception and representation ex- grated Library System (ILS): Provided further, distributed without charge to the recipient, That of the total amount appropriated, penses, to be expended as the Architect of the $73,297,000: Provided, That this appropriation Capitol may approve; for purchase or exchange, $10,000,000 is to remain available until expended shall not be available for paper copies of the for salaries and expenses to carry out the Rus- maintenance and operation of a passenger permanent edition of the Congressional Record motor vehicle; and not to exceed $20,000 for at- sian Leadership Program enacted on May 21, for individual Representatives, Resident Com- 1999 (113 STAT. 93 et seq.). tendance, when specifically authorized by the missioners or Delegates authorized under 44 Architect of the Capitol, at meetings or conven- U.S.C. 906: Provided further, That this appro- COPYRIGHT OFFICE tions in connection with subjects related to work priation shall be available for the payment of under the Architect of the Capitol, $44,191,000, obligations incurred under the appropriations SALARIES AND EXPENSES of which $4,255,000 shall remain available until for similar purposes for preceding fiscal years: expended. For necessary expenses of the Copyright Of- Provided further, That notwithstanding the 2- fice, $38,332,000, of which not more than CAPITOL GROUNDS year limitation under section 718 of title 44, $21,000,000, to remain available until expended, For all necessary expenses for care and im- United States Code, none of the funds appro- shall be derived from collections credited to this provement of grounds surrounding the Capitol, priated or made available under this Act or any appropriation during fiscal year 2001 under 17 the Senate and House office buildings, and the other Act for printing and binding and related U.S.C. 708(d): Provided, That the Copyright Of- Capitol Power Plant, $5,512,000, of which services provided to Congress under chapter 7 of fice may not obligate or expend any funds de- $225,000 shall remain available until expended. title 44, United States Code, may be expended to rived from collections under 17 U.S.C. 708(d), in SENATE OFFICE BUILDINGS print a document, report, or publication after excess of the amount authorized for obligation the 27-month period beginning on the date that For all necessary expenses for the mainte- or expenditure in appropriations Acts: Provided such document, report, or publication is author- nance, care and operation of Senate office further, That not more than $5,783,000 shall be ized by Congress to be printed, unless Congress buildings; and furniture and furnishings to be derived from collections during fiscal year 2001 reauthorizes such printing in accordance with expended under the control and supervision of under 17 U.S.C. 111(d)(2), 119(b)(2), 802(h), and section 718 of title 44, United States Code. the Architect of the Capitol, $63,974,000, of 1005: Provided further, That the total amount This title may be cited as the ‘‘Congressional which $21,669,000 shall remain available until available for obligation shall be reduced by the Operations Appropriations Act, 2001’’. expended. amount by which collections are less than $26,783,000: Provided further, That not more Ω3æPage 23, strike out all after line 16, over TITLE II—OTHER AGENCIES than $100,000 of the amount appropriated is to and including line 6 on page 45, and insert: BOTANIC GARDEN available for the maintenance of an ‘‘Inter- CAPITOL POWER PLANT SALARIES AND EXPENSES national Copyright Institute’’ in the Copyright For all necessary expenses for the mainte- For all necessary expenses for the mainte- Office of the Library of Congress for the purpose nance, care and operation of the Capitol Power nance, care and operation of the Botanic Gar- of training nationals of developing countries in Plant; lighting, heating, power (including the den and the nurseries, buildings, grounds, and intellectual property laws and policies: Provided purchase of electrical energy) and water and collections; and purchase and exchange, main- further, That not more than $4,250 may be ex- sewer services for the Capitol, Senate and House tenance, repair, and operation of a passenger pended, on the certification of the Librarian of office buildings, Library of Congress buildings, motor vehicle; all under the direction of the Congress, in connection with official representa- and the grounds about the same, Botanic Gar- Joint Committee on the Library, $3,653,000, of tion and reception expenses for activities of the den, Senate garage, and air conditioning refrig- which $150,000 shall remain available until ex- International Copyright Institute and for copy- eration not supplied from plants in any of such pended. right delegations, visitors, and seminars. July 17, 2000 CONGRESSIONAL RECORD — SENATE S7061

BOOKS FOR THE BLIND AND PHYSICALLY fill these permanent positions through the non- ‘‘§ 1708. Prices for sales copies of Government HANDICAPPED competitive conversion of the incumbents in the information products; resale by dealers; SALARIES AND EXPENSES ‘‘indefinite-not-to-exceed’’ positions to ‘‘perma- sales agents For salaries and expenses to carry out the Act nent’’ positions. ‘‘(a) Sales prices for Government information of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 ARCHITECT OF THE CAPITOL products will be established by the Public Print- U.S.C. 135a), $48,711,000, of which $14,154,000 er to cover the costs of production, dissemina- LIBRARY BUILDINGS AND GROUNDS shall remain available until expended. tion, and other appropriate costs associated with this service, including the offering of sales FURNITURE AND FURNISHINGS STRUCTURAL AND MECHANICAL CARE discounts and any other costs associated with For necessary expenses for the purchase, in- For all necessary expenses for the mechanical the Sales Program. stallation, maintenance, and repair of furniture, and structural maintenance, care and operation ‘‘(b) The Superintendent of Documents may furnishings, office and library equipment, of the Library buildings and grounds, prescribe terms and conditions under which he $4,892,000. $16,347,000, of which $5,000,000 shall remain authorizes the resale of Government information ADMINISTRATIVE PROVISIONS available until expended. products by book dealers, and he may designate any Government officer his agent for the sale of SEC. 201. Appropriations in this Act available GOVERNMENT PRINTING OFFICE Government information products under regula- to the Library of Congress shall be available, in OFFICE OF SUPERINTENDENT OF DOCUMENTS an amount of not more than $202,300, of which tions agreed upon by the Superintendent of $60,500 is for the Congressional Research Serv- SALARIES AND EXPENSES Documents and the head of the respective department or establishment of the Government.’’. ice, when specifically authorized by the Librar- For expenses of the Office of Superintendent (b) The table of sections for chapter 17, of title ian of Congress, for attendance at meetings con- of Documents necessary to provide for the cata- 44, United States Code, is amended by striking cerned with the function or activity for which loging and indexing of Government publications the item relating to section 1708 and inserting the appropriation is made. and their distribution to the public, Members of the following: SEC. 202. Appropriated funds received by the Congress, other Government agencies, and des- ‘‘1718. Prices for sales copies of Government in- Library of Congress from other Federal agencies ignated depository and international exchange to cover general and administrative overhead formation products; resale by libraries as authorized by law, $30,255,000: Pro- dealers; sales agents.’’. costs generated by performing reimbursable vided, That travel expenses, including travel ex- GENERAL ACCOUNTING OFFICE work for other agencies under the authority of penses of the Depository Library Council to the sections 1535 and 1536 of title 31, United States Public Printer, shall not exceed $175,000: Pro- SALARIES AND EXPENSES Code, shall not be used to employ more than 65 vided further, That amounts of not more than For necessary expenses of the General Ac- employees and may be expended or obligated— $2,000,000 from current year appropriations are counting Office, including not more than $7,000 (1) in the case of a reimbursement, only to authorized for producing and disseminating to be expended on the certification of the Comp- such extent or in such amounts as are provided Congressional serial sets and other related pub- troller General of the United States in connec- in appropriations Acts; or lications for 1999 and 2000 to depository and tion with official representation and reception (2) in the case of an advance payment, only— other designated libraries. expenses; temporary or intermittent services (A) to pay for such general or administrative under section 3109(b) of title 5, United States overhead costs as are attributable to the work GOVERNMENT PRINTING OFFICE REVOLVING Code, but at rates for individuals not more than performed for such agency; or FUND the daily equivalent of the annual rate of basic (B) to such extent or in such amounts as are The Government Printing Office is hereby au- pay for level IV of the Executive Schedule under provided in appropriations Acts, with respect to thorized to make such expenditures, within the section 5315 of such title; hire of one passenger any purpose not allowable under subparagraph limits of funds available and in accord with the motor vehicle; advance payments in foreign (A). law, and to make such contracts and commit- countries in accordance with section 3324 of title SEC. 203. Of the amounts appropriated to the ments without regard to fiscal year limitations 31, United States Code; benefits comparable to Library of Congress in this Act, not more than as provided by section 9104 of title 31, United those payable under sections 901(5), 901(6), and $5,000 may be expended, on the certification of States Code, as may be necessary in carrying 901(8) of the Foreign Service Act of 1980 (22 the Librarian of Congress, in connection with out the programs and purposes set forth in the U.S.C. 4081(5), 4081(6), and 4081(8)); and under official representation and reception expenses budget for the current fiscal year for the Gov- regulations prescribed by the Comptroller Gen- for the incentive awards program. ernment Printing Office revolving fund: Pro- eral of the United States, rental of living quar- SEC. 204. Of the amount appropriated to the vided, That not more than $2,500 may be ex- ters in foreign countries, $384,867,000: Provided, Library of Congress in this Act, not more than pended on the certification of the Public Printer That not more than $1,900,000 of reimbursements $12,000 may be expended, on the certification of in connection with official representation and received incident to the operation of the General the Librarian of Congress, in connection with reception expenses: Provided further, That the Accounting Office building shall be available for official representation and reception expenses revolving fund shall be available for the hire or use in fiscal year 2001: Provided further, That for the Overseas Field Offices. purchase of not more than 12 passenger motor notwithstanding section 9105 of title 31, United SEC. 205. (a) For fiscal year 2001, the vehicles: Provided further, That expenditures in States Code, hereafter amounts reimbursed to obligational authority of the Library of Con- connection with travel expenses of the advisory the Comptroller General pursuant to that sec- gress for the activities described in subsection councils to the Public Printer shall be deemed tion shall be deposited to the appropriation of (b) may not exceed $92,845,000. necessary to carry out the provisions of title 44, the General Accounting Office then available (b) The activities referred to in subsection (a) United States Code: Provided further, That the and remain available until expended, and not are reimbursable and revolving fund activities revolving fund shall be available for temporary more than $1,100,000 of such funds shall be that are funded from sources other than appro- or intermittent services under section 3109(b) of available for use in fiscal year 2001: Provided priations to the Library in appropriations Acts title 5, United States Code, but at rates for indi- further, That this appropriation and appropria- for the legislative branch. viduals not more than the daily equivalent of tions for administrative expenses of any other SEC. 206. Section 1 of the Act entitled ‘‘An Act the annual rate of basic pay for level V of the department or agency which is a member of the to authorize acquisition of certain real property Executive Schedule under section 5316 of such National Intergovernmental Audit Forum or a for the Library of Congress, and for other pur- title: Provided further, That the revolving fund Regional Intergovernmental Audit Forum shall poses’’, approved December 15, 1997 (2 U.S.C. 141 and the funds provided under the headings be available to finance an appropriate share of either Forum’s costs as determined by the re- note) is amended by adding at the end the fol- ‘‘OFFICE OF SUPERINTENDENT OF DOCUMENTS’’ spective Forum, including necessary travel ex- lowing new subsection: and ‘‘SALARIES AND EXPENSES’’ together may not ‘‘(c) TRANSFER PAYMENT BY ARCHITECT.—Not- be available for the full-time equivalent employ- penses of non-Federal participants. Payments withstanding the limitation on reimbursement or ment of more than 3,285 workyears (or such hereunder to the Forum may be credited as re- transfer of funds under subsection (a) of this other number of workyears as the Public Printer imbursements to any appropriation from which section, the Architect of the Capitol may, not may request, subject to the approval of the Com- costs involved are initially financed: Provided later than 90 days after acquisition of the prop- mittees on Appropriations of the Senate and the further, That this appropriation and appropria- erty under this section, transfer funds to the en- House of Representatives): Provided further, tions for administrative expenses of any other tity from which the property was acquired by That activities financed through the revolving department or agency which is a member of the the Architect of the Capitol. Such transfers may fund may provide information in any format: American Consortium on International Public not exceed a total of $16,500,000.’’. Provided further, That the revolving fund shall Administration (ACIPA) shall be available to fi- SEC. 207. The Librarian of Congress may con- not be used to administer any flexible or com- nance an appropriate share of ACIPA costs as vert to permanent positions 84 indefinite, time- pressed work schedule which applies to any determined by the ACIPA, including any ex- limited positions in the National Digital Library manager or supervisor in a position the grade or penses attributable to membership of ACIPA in Program authorized in the Legislative Branch level of which is equal to or higher than GS–15: the International Institute of Administrative Appropriations Act, 1996 for the Library of Con- Provided further, That expenses for attendance Sciences. gress under the heading, ‘‘Salaries and Ex- at meetings shall not exceed $75,000. ADMINISTRATIVE PROVISIONS penses’’ (Public Law 104–53). Notwithstanding SEC. 209. SENIOR LEVEL POSITIONS. (a) Sub- DMINISTRATIVE PROVISION any other provision of law regarding qualifica- A chapter III of chapter 7 of subtitle I of title 31, tions and methods of appointment of employees SEC. 208. (a) Section 1708 of title 44, United United States Code, is amended by inserting of the Library of Congress, the Librarian may States Code, is amended to read as follows: after section 732 the following: S7062 CONGRESSIONAL RECORD — SENATE July 17, 2000 ‘‘§ 732a. Critical positions tirement for the purpose of realigning the agen- ‘‘(B) if the employment is with an entity in ‘‘The Comptroller General may establish sen- cy workforce in order to meet mission needs, cor- the legislative branch, the head of the entity or ior-level positions to meet critical scientific, recting skill imbalances, or reducing high-grade, the appointing official may waive the repay- technical or professional needs of the Office managerial, or supervisory positions. ment if the individual involved possesses unique from the positions authorized under sections ‘‘(3) For purposes of chapters 83 and 84 of title abilities and is the only qualified applicant 731(d), (e)(1), (e)(2), and 732(c)(4) of this title. 5 (including for purposes of computation of an available for the position; An individual serving in such a position shall— annuity under such chapters), an officer or em- ‘‘(C) if the employment is with the judicial ‘‘(1) be subject to the laws and regulations ap- ployee entitled to an annuity under this sub- branch, the Director of the Administrative Of- plicable to the General Accounting Office Senior section shall be treated as an employee entitled fice of the United States Courts may waive the Executive Service established under section 733 to an annuity under section 8336(d) or 8414(b) of repayment if the individual involved possesses of this title, with respect to rates of basic pay, such title, as applicable. unique abilities and is the only qualified appli- performance awards, ranks, carry over of an- ‘‘(4) The Comptroller General shall promul- cant available for the position; or nual leave, benefits, performance appraisals, re- gate regulations to implement paragraph (1) ‘‘(D) if the employment is without compensa- moval or suspension, and reduction in force; that provide for offers of early retirement to any tion, the appointing official may waive the re- ‘‘(2) have the same rights of appeal to the individual employee or groups of employees payment; General Accounting Office Personnel Appeals based on skills, knowledge, performance, or ‘‘(8) shall be paid under regulations providing Board that are provided to the General Ac- other similar factors or combination of such fac- that offers of separation pay shall be based on counting Office Senior Executive Service; tors determined by the Comptroller General. skills, knowledge, performance, or other similar ‘‘(3) be exempt from the same provisions of law ‘‘(5) As used in this subsection, the terms ‘em- factors or combination of such factors deter- made inapplicable to the General Accounting ployee’ and ‘annuity’ shall have the same mean- mined by the Comptroller General; ‘‘(9) shall be paid upon the condition that the Office Senior Executive Service under section ing as defined in chapters 83 and 84 of title 5, General Accounting Office remit to the Office of 733(d) of this title, except for section 732(e) of as applicable. The term ‘officer’ shall have the Personnel Management for deposit in the Treas- this title; same meaning as ‘employee.’ ury to the credit of the Civil Service Retirement ‘‘(4) be entitled to receive a discontinued serv- ‘‘(6) The Comptroller General may not utilize and Disability Fund an amount equal to 45 per- ice retirement under chapter 83 or 84 of title 5 as the authority granted under this subsection to cent of the final annual basic pay for each em- if a member of the General Accounting Office grant voluntary early retirements to more than ployee covered under subchapter III of chapter Senior Executive Service; and 10 percent of the workforce of the General Ac- 83 or chapter 84 of title 5 to whom separation ‘‘(5) be subject to reassignment by the Comp- counting Office in any fiscal year.’’. pay has been paid under this section and— troller General to any Senior Executive Service SEC. 213. SEPARATION PAY. Section 732 of title ‘‘(A) such remittance shall be in addition to position created under section 733 of this title as 31, United States Code, as amended by section any other payments which the General Account- the Comptroller General determines necessary 212 of this Act, is amended by adding at the end ing Office is required to make under subchapter and appropriate.’’. the following: ‘‘(j) The Comptroller General may offer sepa- III of chapter 83 or chapter 84 of title 5; and (b) The table of sections for chapter 7 of title ‘‘(B) for purposes of this paragraph the term 31, United States Code, is amended by inserting ration pay to an officer or employee under this subsection subject to such limitations or condi- ‘final basic pay’ with respect to an employee after the item relating to section 732 the fol- means the total amount of basic pay which lowing: tions as the Comptroller General may require for purposes of realigning the workforce in order to would be payable for a year of service by such ‘‘732a. Critical positions.’’. meet mission needs, correcting skill imbalances, employee, computed using the employee’s final SEC. 210. REASSIGNMENT TO SENIOR LEVEL PO- or reducing high-grade, managerial, or super- rate of basic pay, and, if last serving on other SITIONS. Section 733(a) of title 31, United States visory positions. Such separation pay— than a full-time basis, with appropriate adjust- Code, is amended— ‘‘(1) shall be paid, at the option of the officer ment therefore; (1) by striking ‘‘and’’ at the end of paragraph or employee, in a lump sum or equal installment ‘‘(10) shall not be paid to more than 5 percent (6); payments; of the workforce of the General Accounting Of- (2) by redesignating paragraph (7) as para- ‘‘(2) shall be equal to the lesser of— fice in any fiscal year; and graph (8); and ‘‘(A) an amount equal to the amount the offi- ‘‘(11) shall be paid to employees under this (3) by inserting after paragraph (6) the fol- cer or employee would be entitled to receive section for a period of 5 years following the en- lowing: under section 5595(c) of title 5 if the officer or actment of this section unless Congress renews ‘‘(7) the Comptroller General may reassign a employee were entitled to payment under such the authority for an additional period of time.’’. member of the Senior Executive Service to any section; or SEC. 214. REDUCTION IN FORCE. Section 732(h) senior-level position created under section 732a ‘‘(B) $25,000; of title 31, United States Code, is amended to of this title as the Comptroller determines nec- ‘‘(3) shall not be a basis for payment, and read as follows: essary and appropriate; and’’. shall not be included in the computation, of any ‘‘(h)(1) Notwithstanding the provisions of sub- SEC. 211. EXPERTS AND CONSULTANTS. Section other type of Government benefit; chapter I of chapter 35 of title 5, the Comptroller 731(e) of title 31, United States Code, is ‘‘(4) shall not be taken into account for pur- General shall prescribe regulations for the re- amended— poses of determining the amount of any sever- lease of officers and employees of the General (1) by striking ‘‘not more than 3 years’’ in ance pay to which an individual may be entitled Accounting Office in a reduction in force which paragraph (1) and inserting ‘‘3-year renewable under section 5595 of title 5 based on any other is carried out for downsizing, realigning, or cor- terms’’; and separation; recting skill imbalances. The regulations shall (2) by striking ‘‘level V’’ in paragraph (2) and ‘‘(5) shall only be paid to an officer or em- give effect to military preference and may take inserting ‘‘level IV’’. ployee serving under an appointment without into account such other factors as skills, knowl- SEC. 212. VOLUNTARY EARLY RETIREMENT AU- time limitation, who has been currently em- edge, and performance in such a manner and to THORITY. Section 732 of title 31, United States ployed for a continuous period of at least 12 such an extent as the Comptroller General deter- Code, is amended by adding at the end the fol- months, but does not include— mines necessary and appropriate. lowing: ‘‘(A) a reemployed annuitant under sub- ‘‘(2) Except as provided under paragraph (3), ‘‘(i)(1) An officer or employee of the General chapter III of chapter 83 of title 5, chapter 84 of an employee may not be released, due to a re- Accounting Office who is separated from the title 5, or another retirement system for employ- duction in force, unless such employee is given service under conditions described in paragraph ees of the Government; or written notice at least 60 days before such em- (2) of this subsection after completing 25 years ‘‘(B) an officer or employee having a dis- ployee is so released. Such notice shall include— of service or after becoming 50 years of age and ability on the basis of which such officer or em- ‘‘(A) the personnel action to be taken with re- completing 20 years of service is entitled to an ployee is or would be eligible for disability respect to the employee involved; ‘‘(B) the effective date of the action; annuity in accordance with the provisions of tirement under any of the retirement systems re- ‘‘(C) a description of the procedures applica- chapter 83 or 84 of title 5, as applicable. ferred to in subparagraph (A); ble in identifying employees for release; ‘‘(2) Paragraph (1) of this subsection applies ‘‘(6) shall terminate, upon reemployment in ‘‘(D) the employee’s ranking relative to other to an officer or employee who— the Federal Government, during receipt of in- competing employees, and how that ranking ‘‘(A) has been employed continuously by the stallment payments; was determined; and General Accounting Office for more than 30 ‘‘(7) shall be repaid in its entirety upon reem- ‘‘(E) a description of any appeal or other days before the date on which the Comptroller ployment in the Federal Government or working rights which may be available. General makes the determination required under for any agency of the Government through per- ‘‘(3) The Comptroller General may, in writing, subparagraph (D); sonal services contract within 5 years after the shorten the period of advance notice required ‘‘(B) is serving under an appointment that is date of the separation on which payment of the under paragraph (2) with respect to a particular not limited by time; separation pay is based, except that— reduction in force, if necessary because of cir- ‘‘(C) has not received a decision notice of in- ‘‘(A) if the employment is with an Executive cumstances not reasonably foreseeable, except voluntary separation for misconduct or unac- agency, the Director of the Office of Personnel that such period may not be less than 30 days.’’. ceptable performance that is pending decision; Management may, at the request of the head of SEC. 215. ANNUAL REPORT. Section 719 of title and the agency, waive the repayment if the indi- 31, United States Code, is amended— ‘‘(D) is separated from the service voluntarily vidual involved possesses unique abilities and is (1) in subsection (a)— during a period in which the Comptroller Gen- the only qualified applicant available for the (A) in paragraph (1) by striking ‘‘and’’ after eral offers the officer or employee an early re- position; the semicolon; July 17, 2000 CONGRESSIONAL RECORD — SENATE S7063 (B) in paragraph (2) by striking the period practicable, shall provide to such entity a notice (A) performs security support functions; and and inserting ‘‘; and’’; and describing the statement made in subsection (a) (B) is designated for transfer by the Chief of (C) by adding at the end the following: by the Congress. the Capitol Police in the applicable memo- ‘‘(3) appropriate legislative changes to sec- (c) If it has been finally determined by a court randum of understanding under subsection (h). tions 732(h), (i), and (j) of this title.’’; and or Federal agency that any person intentionally (d) MEMBERS OF CAPITOL POLICE.—Subject to (2) in subsection (b)(1)— affixed a label bearing a ‘‘Made in America’’ in- subsection (e), each LOC police employee and (A) in subparagraph (B) by striking ‘‘and’’ scription, or any inscription with the same GPO police employee transferred under sub- after the semicolon; meaning, to any product sold in or shipped to section (c) shall be a member of the Capitol Po- (B) in subparagraph (C) by striking the period the United States that is not made in the United lice. and inserting ‘‘; and’’; and States, such person shall be ineligible to receive (e) QUALIFICATION DETERMINATIONS.— (C) by adding at the end the following: any contract or subcontract made with funds (1) IN GENERAL.—Subsection (d) shall not ‘‘(D) a description of the actions taken under provided pursuant to this Act, pursuant to the apply to any individual who the Chief of the sections 732 (h), (i), and (j) of this title, includ- debarment, suspension, and ineligibility proce- Capitol Police determines does not meet the ing information on the number of employees dures described in section 9.400 through 9.409 of qualifications required to be a member of the who received voluntary early retirements and title 48, Code of Federal Regulations. Capitol Police. separation pay under sections 732(i) and (j) and SEC. 306. Such sums as may be necessary are (2) AGE LIMITATION.—For purposes of this who were released under a reduction in force appropriated to the account described in sub- subsection, the Chief of the Capitol Police may action under section 732(h), and an assessment section (a) of section 415 of Public Law 104–1 to waive the application to any individual of the of the effectiveness and usefulness of these pay awards and settlements as authorized under maximum age limitation of 37 years for hiring a human capital initiatives in achieving the agen- such subsection. member of the Capitol Police. cy’s mission, meeting its performance goals, and SEC. 307. Amounts available for administrative (3) TRAINING.—During the 1-year period be- fulfilling its strategic plan.’’. expenses of any legislative branch entity which ginning on the date of enactment of this Act, participates in the Legislative Branch Financial SEC. 216. FIVE-YEAR ASSESSMENT. (a) Not later the Capitol Police Board may waive any regula- than 5 years after the date of the enactment of Managers Council (LBFMC) established by tion, standard, guideline, or other limitation charter on March 26, 1996, shall be available to this Act, the Comptroller General shall submit to prescribed by the Capitol Police Board relating finance an appropriate share of LBFMC costs Congress a report concerning the implementa- to the training of a member of the Capitol Police as determined by the LBFMC, except that the tion and effectiveness of sections 209 through with respect to any LOC police employee or total LBFMC costs to be shared among all par- 214 of this Act. GPO police employee transferred under this sec- ticipating legislative branch entities (in such al- (b) The report under this section shall tion. locations among the entities as the entities may include— (4) APPLICATION FOR QUALIFICATION DETER- determine) may not exceed $252,000. (1) a summary of the portions of the annual MINATION.—Not later than October 1, 2000, any SEC. 308. Section 316 of Public Law 101–302 is LOC police employee or GPO police employee reports required under sections 719(a)(3) and amended in the first sentence of subsection (a) (b)(1)(D) of title 31, United States Code; who is transferred under this section may file an by striking ‘‘2000’’ and inserting ‘‘2001’’. application for a qualification determination (2) recommendations for continuation of or SEC. 309. RUSSIAN LEADERSHIP PROGRAM. Sec- under this subsection with the Chief of the Cap- legislative changes to sections 732(h), (i), and (j) tion 3011 of the 1999 Emergency Supplemental itol Police. of title 31, United States Code; and Appropriations Act (Public Law 106–31; 113 Stat. (f) TRANSITION PROVISIONS.— (3) any assessments or recommendations of the 93) is amended— (1) TRANSFER AND ALLOCATIONS OF APPRO- General Accounting Office Personnel Appeals (1) by striking ‘‘fiscal years 1999 and 2000’’ in PRIATIONS.—The unexpended balances of appro- Board and interested employee groups or asso- subsections (a)(1), (b)(4)(B), (d)(3), and priations, authorizations, allocations, and other ciations within the General Accounting Office. (h)(1)(A) and inserting ‘‘fiscal years 2000 and funds employed, used, held, arising from, avail- TITLE III—GENERAL PROVISIONS 2001’’; and (2) by striking ‘‘2001’’ in subsection (a)(2), able to, or to be made available in connection SEC. 301. No part of the funds appropriated in (e)(1), and (h)(1)(B) and inserting ‘‘2002’’. with the functions transferred by this section this Act shall be used for the maintenance or SEC. 310. CAPITOL SECURITY CONSOLIDATION. shall be transferred to the appropriations ac- care of private vehicles, except for emergency (a) SHORT TITLE.—This section may be cited as counts for the Capitol Police under the sub- assistance and cleaning as may be provided the ‘‘Capitol Security Consolidation Act of headings ‘‘SALARIES’’ and ‘‘GENERAL EXPENSES’’ under regulations relating to parking facilities 2000’’. under the heading ‘‘CAPITOL POLICE’’ under the for the House of Representatives issued by the (b) DEFINITIONS.—In this section— heading ‘‘CAPITOL POLICE BOARD’’, as ap- Committee on House Administration and for the (1) the term ‘‘Act of August 4, 1950’’ means the plicable. Funds for salaries shall be provided in Senate issued by the Committee on Rules and Act entitled ‘‘An Act relating to the policing of equal amounts to the Sergeant at Arms and Administration. the buildings and grounds of the Library of Doorkeeper of the Senate, to be disbursed by the SEC. 302. No part of the funds appropriated in Congress’’, approved August 4, 1950 (2 U.S.C. Secretary of the Senate, and the Sergeant at this Act shall remain available for obligation be- 167 et seq.); Arms of the House of Representatives, to be dis- yond fiscal year 2001 unless expressly so pro- (2) the term ‘‘GPO police employee’’— bursed by the Chief Administrative Officer of vided in this Act. (A) means an employee of the Government the House of Representatives. Unexpended SEC. 303. Whenever in this Act any office or Printing Office designated to serve as a special funds transferred under this section shall be position not specifically established by the Leg- policeman under section 317 of title 44, United used only for the purposes for which the funds islative Pay Act of 1929 is appropriated for or States Code (as in effect immediately before the were originally authorized and appropriated. the rate of compensation or designation of any effective date of this section); and (2) REORGANIZATION.—The Capitol Police office or position appropriated for is different (B) does not include any civilian employee Board is authorized to allocate or reallocate any from that specifically established by such Act, performing support functions; function transferred under this section among the rate of compensation and the designation in (3) the term ‘‘function’’ means any duty, obli- members of the Capitol Police, and to establish, this Act shall be the permanent law with respect gation, power, authority, responsibility, right, consolidate, alter, or discontinue such organiza- thereto: Provided, That the provisions in this privilege, activity, or program; and tional entities in the Capitol Police as may be Act for the various items of official expenses of (4) the term ‘‘LOC police employee’’— necessary or appropriate. (A) means an employee of the Library of Con- Members, officers, and committees of the Senate (3) INTERIM ASSIGNMENTS.—During the period gress designated as police under the first section and House of Representatives, and clerk hire for beginning on October 1, 2000, through September of the Act of August 4, 1950 (2 U.S.C. 167) (as in Senators and Members of the House of Rep- 30, 2001, each LOC police employee or GPO po- effect immediately before the effective date of resentatives shall be the permanent law with re- lice employee may perform any function trans- this section); and spect thereto. ferred under subsection (c)(2), as applicable, (B) does not include any civilian employee SEC. 304. The expenditure of any appropria- under the direction of the Chief of the Capitol tion under this Act for any consulting service performing support functions. (c) TRANSFER OF PERSONNEL AND FUNC- Police. Any such employee performing such through procurement contract, pursuant to sec- TIONS.—There are transferred to the United functions who is not a member of the Capitol tion 3109 of title 5, United States Code, shall be States Capitol Police— Police at the close of September 30, 2001, shall be limited to those contracts where such expendi- (1) each LOC police employee and each GPO separated from service at that time. tures are a matter of public record and available police employee; (4) HIGH RANKING LOC AND GPO POLICE OFFI- for public inspection, except where otherwise (2) any— CERS.—The Capitol Police Board may reduce the provided under existing law, or under existing (A) functions performed under section 317 of rank of any LOC police employee or GPO police Executive order issued pursuant to existing law. title 44, United States Code, and the first section employee who holds the rank of lieutenant (or SEC. 305. (a) It is the sense of the Congress and section 9 of the Act August 4, 1950 (2 U.S.C. the equivalent of such rank) or higher imme- that, to the greatest extent practicable, all 167) (as in effect immediately before the effective diately before the effective date of this section. equipment and products purchased with funds date of this section); and (5) NONREDUCTION IN PAY.—Except as pro- made available in this Act should be American- (B) related functions designated in the appli- vided under paragraph (3), the transfer of any made. cable memorandum of understanding under sub- employee under this section shall not cause that (b) In providing financial assistance to, or en- section (h); and employee to be separated or reduced in pay be- tering into any contract with, any entity using (3) any civilian employee of the Library of fore October 1, 2002. funds made available in this Act, the head of Congress or the Government Printing Office (6) REFERENCES.—Reference in any other Fed- each Federal agency, to the greatest extent who— eral law, Executive order, rule, regulation, or S7064 CONGRESSIONAL RECORD — SENATE July 17, 2000

delegation of authority, or any document of or (H) maintain or improve the public safety of (k) LEAVE.—Any annual or sick leave to the relating to the Librarian of Congress, the Public the Library of Congress or the Government credit of an individual transferred under this Printer, the Library of Congress, or the Govern- Printing Office, as the case may be; and section may be transferred to the credit of that ment Printing Office with regard to functions (I) provide for the efficient implementation of individual as a member of the Capitol Police as transferred under this section, shall be deemed the transfer of employees and functions under determined by the Capitol Police Board. to refer to the Capitol Police Board. this section. (l) EFFECTIVE DATE.— (g) LOC AND GPO POLICE JURISDICTION.— (3) LIBRARY OF CONGRESS REGULATIONS.—The (1) IN GENERAL.—Except as otherwise provided (1) LIBRARY OF CONGRESS.— memorandum of understanding between the in this section, this section and the amendments (A) DESIGNATION OF LOC POLICE EMPLOYEES.— Chief of the Capitol Police and the Librarian of made by this section shall take effect on October The first section of the Act of August 4, 1950 (2 Congress shall provide for the enforcement of, 1, 2000. U.S.C. 167) is repealed. and any modifications to, regulations prescribed (2) DATE OF ENACTMENT.—Subsections (e) and (B) JURISDICTION OF LOC POLICE EMPLOYEES.— under section 7 of the Act of August 4, 1950 (2 (h) shall take effect on the date of enactment of Section 9 of the Act of August 4, 1950 (2 U.S.C. U.S.C. 167f). this Act. 167h) is amended by striking ‘‘The police pro- (i) CAPITOL POLICE BOARD.— SEC. 311. (a)(1) Any State may request the vided’’ through ‘‘Provided, That the’’ and in- (1) IN GENERAL.—Section 9 of the Act entitled Joint Committee on the Library of Congress to serting ‘‘The’’. ‘‘An Act to define the area of the United States approve the replacement of a statue the State (C) REGULATIONS.—Section 7(a) of the Act of Capitol Grounds, to regulate the use thereof, has provided for display in Statuary Hall in the August 4, 1950 (2 U.S.C. 167f(a)) is amended by and for other purposes’’, approved July 31, 1946 Capitol of the United States under section 1814 striking ‘‘the Librarian of Congress’’ and insert- (40 U.S.C. 212a) is amended by adding at the of the Revised Statutes (40 U.S.C. 187). ing ‘‘the Capitol Police Board, in consultation end the following: (2) A request shall be considered under para- with the Librarian of Congress,’’. ‘‘The Librarian of Congress and the Public graph (1) only if— (2) GOVERNMENT PRINTING OFFICE.— Printer of the Government Printing Office shall (A) the request has been approved by a resolu- (A) IN GENERAL.—Section 317 of title 44, be nonvoting ex officio members of the Capitol tion adopted by the legislature of the State and United States Code, is amended to read as fol- Police Board.’’. the request has been approved by the Governor (2) EFFECTIVE DATE.—This subsection shall lows: of the State, and take effect with respect to the Librarian of Con- ‘‘§ 317. Protection of persons and property (B) the statue to be replaced has been dis- gress and the Public Printer of the Government ‘‘The Capitol Police shall protect persons and played in the Capitol of the United States for at Printing Office on the date on which the appli- property in premises and adjacent areas occu- least 25 years as of the time the request is made. cable officer signs the memorandum of under- pied by or under the control of the Government (b) If the Joint Committee on the Library of standing described under subsection (h), respec- Printing Office, in accordance with the Capitol Congress approves a request under subsection tively. Security Consolidation Act of 2000.’’. (a), the Architect of the Capitol shall enter into (j) RETIREMENT BENEFITS.— (B) TECHNICAL AND CONFORMING AMEND- an agreement with the State to carry out the re- (1) SERVICE DEEMED TO BE SERVICE AS CAPITOL MENT.—The table of contents for chapter 3 of placement in accordance with the request and POLICE.—Any period of service performed by an title 44, United States Code, is amended by strik- individual as a LOC police employee or a GPO any conditions the Joint Committee may require ing the item relating to section 317 and inserting police employee (including any period of service for its approval. Such agreement shall provide the following: performed by that individual on interim assign- that— ‘‘317. Protection of persons and property.’’. ment under subsection (f)(3)) shall be deemed to (1) the new statue shall be subject to the same conditions and restrictions as apply to any stat- (h) MEMORANDA OF UNDERSTANDING.— be service performed as a member of the Capitol (1) IN GENERAL.—Not later than October 1, Police for purposes of chapters 83 and 84 of title ue provided by a State under section 1814 of the 2000, the Chief of the Capitol Police shall enter 5, United States Code, if— Revised Statutes (40 U.S.C. 187), and into— (A) the individual becomes a member of the (2) the State shall pay any costs related to the (A) a memorandum of understanding with the Capitol Police under this section; replacement, including costs in connection with Librarian of Congress; and (B) not later than 90 days after the date of the the design, construction, transportation, and (B) a memorandum of understanding with the qualification determination under subsection placement of the new statue, the removal and Public Printer of the Government Printing Of- (e), the individual makes an election to be cov- transportation of the statue being replaced, and fice ered under this paragraph; and any unveiling ceremony. (2) CONTENT.—Each memorandum under para- (C) the individual makes the payment under (c) Nothing in this section shall be interpreted graph (1) shall— paragraph (2). to permit a State to have more than 2 statues on (A) provide for the performance of law en- (2) EMPLOYEE CONTRIBUTIONS.—An individual display in the Capitol of the United States. forcement functions relating to the Library of who makes an election under paragraph (1)(A) (d)(1) The Joint Committee on the Library of Congress or the Government Printing Office, as to be covered under that paragraph shall pay Congress may approve the transfer to a State of the case may be, by members of the Capitol Po- an amount determined by the Office of Per- the ownership of any statue being replaced lice; sonnel Management equal to— under this section if the State includes a request (B) ensure that such members are under the (A) the difference between— for the approval of such transfer at the same direction of the Chief of the Capitol Police; (i) the amount deducted and withheld from time a request is made under subsection (a). (C) designate the related functions transferred basic pay under chapters 83 and 84 of title 5, (2) If any statue is removed from the Capitol under subsection (c)(2); United States Code, for the period of service de- of the United States as part of a transfer of (D)(i) provide for the interim assignment scribed under paragraph (1); and ownership under paragraph (1), then it may not under subsection (f)(3) of any LOC police em- (ii) the amount that would have been de- be returned to the Capitol for display unless ployee or GPO police employee, as the case may ducted and withheld during that period, if serv- such display is specifically authorized by Fed- be; ice during that period had been performed as a eral law. (ii) coordinate the functions performed by member of the Capitol Police; and ADMINISTRATIVE PROVISION such employees on interim assignments with (B) interest as prescribed under section 8334(e) members of the Capitol Police and civilian em- of title 5, United States Code, based on the SEC. 312. (a) Section 201 of the Legislative ployees; and amount determined under subparagraph (A). Branch Appropriations Act, 1993 (40 U.S.C. 216c (iii) ensure that such employees on interim as- (3) AGENCY CONTRIBUTIONS.—The Capitol Po- note) is amended by striking ‘‘$10,000,000’’ each signments are under the direction of the Capitol lice shall pay an amount for applicable agency place it appears and inserting ‘‘$14,500,000’’. Police; contributions based on payments made under (b) Section 201 of such Act is amended— (E) provide for— paragraph (2). (1) by inserting ‘‘(a)’’ before ‘‘Pursuant’’, and (i) the designation of civilian employees of the (4) DEPOSIT OF PAYMENTS.—Payments under (2) by adding at the end the following: Library of Congress or the Government Printing paragraphs (2) and (3) shall be deposited in the ‘‘(b) The Architect of the Capitol is authorized Office, as the case may be, for transfer under Civil Service Retirement and Disability Fund. to solicit, receive, accept, and hold amounts subsection (c)(3); and (5) AGE LIMITATION.—During the period begin- under section 307E(a)(2) of the Legislative (ii) the assignment of functions of such em- ning on October 1, 2000, through September 30, Branch Appropriations Act, 1989 (40 U.S.C. ployees as civilian employees of the Capitol Po- 2002, sections 8335(d) and 8425(c) of title 5, 216c(a)(2)) in excess of the $14,500,000 author- lice; United States Code, shall not apply to any indi- ized under subsection (a), but such amounts (F) provide for the coordination of any secu- vidual who becomes a member of the Capitol Po- (and any interest thereon) shall not be expended rity-related functions performed by civilian em- lice under this section (including an individual by the Architect without approval in appropria- ployees of the Library of Congress or the Gov- who makes an election under paragraph (1)(A) tion Acts as required under section 307E(b)(3) of ernment Printing Office, as the case may be, of this subsection to be covered under that para- such Act (40 U.S.C. 216c(b)(3)).’’. with— graph). SEC. 313. CENTER FOR RUSSIAN LEADERSHIP (i) law enforcement functions performed by (6) REGULATIONS.—After consultation with the DEVELOPMENT. (a) ESTABLISHMENT.— members of the Capitol Police; and Capitol Police Board, the Office of Personnel (1) IN GENERAL.—There is established in the (ii) any support functions performed by civil- Management shall prescribe regulations to carry legislative branch of the Government a center to ian employees of the Capitol Police; out this subsection, including regulations relat- be known as the ‘‘Center for Russian Leader- (G) provide for procedures for determining ing to employee contributions under paragraph ship Development’’ (the ‘‘Center’’). rank and pay and providing necessary training (2) that are similar to regulations under section (2) BOARD OF TRUSTEES.—The Center shall be for individuals transferred under this section; 8334 of title 5, United States Code. subject to the supervision and direction of a July 17, 2000 CONGRESSIONAL RECORD — SENATE S7065

Board of Trustees which shall be composed of 9 (c) ESTABLISHMENT OF FUND.— (5) the officers of the United States Capitol members as follows: (1) IN GENERAL.—There is established in the Police serve their country with commitment, (A) 2 members appointed by the Speaker of the Treasury of the United States a trust fund to be heroism, and great patriotism; House of Representatives, 1 of whom shall be known as the ‘‘Russian Leadership Develop- (6) the employees of the United States working designated by the Majority Leader of the House ment Center Trust Fund’’ (the ‘‘Fund’’) which in the United States Capitol are essential to the of Representatives and 1 of whom shall be des- shall consist of amounts which may be appro- safe and efficient operation of the Capitol build- ignated by the Minority Leader of the House of priated, credited, or transferred to it under this ing and the Congress; Representatives. section. (7) the operation of the Capitol and the legis- (B) 2 members appointed by the President pro (2) DONATIONS.—Any money or other property lative process are dependent on the profes- tempore of the Senate, 1 of whom shall be des- donated, bequeathed, or devised to the Center sionalism and hard work of those who work ignated by the Majority Leader of the Senate under the authority of this section shall be cred- here, including the United States Capitol Police, and 1 of whom shall be designated by the Mi- ited to the Fund. congressional staff, and the staff of the Con- nority Leader of the Senate. (3) FUND MANAGEMENT.— gressional Research Office, the General Ac- (C) The Librarian of Congress. (A) IN GENERAL.—The provisions of sub- counting Office, the Congressional Budget Of- (D) 4 private individuals with interests in im- sections (b), (c), and (d) of section 116 of the fice, the Government Printing Office, and the proving United States and Russian relations, Legislative Branch Appropriations Act, 1989 (2 Architect of the Capitol; and designated by the Librarian of Congress. U.S.C. 1105 (b), (c), and (d)), and the provisions (8) the House of Representatives should re- of section 117(b) of such Act (2 U.S.C. 1106(b)), store the cuts in funding for the United States Each member appointed under this paragraph shall apply to the Fund. Capitol Police, congressional staff, and congres- shall serve for a term of 3 years. Any vacancy (B) EXPENDITURES.—The Secretary of the sional support organizations. shall be filled in the same manner as the origi- Treasury is authorized to pay to the Center from (b) It is the sense of the Senate that— nal appointment and the individual so ap- amounts in the Fund such sums as the Board of (1) the United States Capitol Police and all pointed shall serve for the remainder of the Trustees of the Center determines are necessary legislative employees are to be commended for term. Members of the Board shall serve without and appropriate to enable the Center to carry their commitment, professionalism, and great pay, but shall be entitled to reimbursement for out the provisions of this section. patriotism; and travel, subsistence, and other necessary ex- (d) EXECUTIVE DIRECTOR.—The Board shall (2) the conferees on the legislative branch ap- penses incurred in the performance of their du- appoint an Executive Director who shall be the propriations legislation should maintain the ties. chief executive officer of the Center and who Senate position on funding for the United States (b) PURPOSE AND AUTHORITY OF THE CEN- shall carry out the functions of the Center sub- Capitol Police and all legislative branch employ- TER.— ject to the supervision and direction of the ees. (1) PURPOSE.—The purpose of the Center is to Board of Trustees. The Executive Director of the Ω4æPage 45, after line 6, insert: establish, in accordance with the provisions of Center shall be compensated at the annual rate SEC. 315. None of the funds appropriated paragraph (2), a program to enable emerging po- specified by the Board, but in no event shall under this Act may be used for the preventative litical leaders of Russia at all levels of govern- such rate exceed level III of the Executive application of a pesticide containing a known or ment to gain significant, firsthand exposure to Schedule under section 5314 of title 5, United probable carcinogen, a category I or II acute the American free market economic system and States Code. nerve toxin or a pesticide of the the operation of American democratic institu- (e) ADMINISTRATIVE PROVISIONS.— organophosphate, carbamate, or organochlorine tions through visits to governments and commu- (1) IN GENERAL.—The provisions of section 119 class as determined by the United States Envi- nities at comparable levels in the United States. of the Legislative Branch Appropriations Act, ronmental Protection Agency to United States (2) GRANT PROGRAM.—Subject to the provi- 1989 (2 U.S.C. 1108) shall apply to the Center. Capitol buildings or grounds maintained or ad- sions of paragraphs (3) and (4), the Center shall (2) SUPPORT PROVIDED BY LIBRARY OF CON- ministered by the Architect of the United States establish a program under which the Center an- GRESS.—The Library of Congress may disburse Capitol. nually awards grants to government or commu- funds appropriated to the Center, compute and nity organizations in the United States that The PRESIDING OFFICER. Under disburse the basic pay for all personnel of the the previous order, the Senate insists seek to establish programs under which those Center, provide administrative, legal, financial organizations will host Russian nationals who management, and other appropriate services to on its amendments, requests a con- are emerging political leaders at any level of the Center, and collect from the Fund the full ference with the House, and the Chair government. costs of providing services under this paragraph, appoints Mr. BENNETT, Mr. STEVENS, (3) RESTRICTIONS.— as provided under an agreement for services or- Mr. CRAIG, Mr. COCHRAN, Mrs. FEIN- (A) DURATION.—The period of stay in the dered under sections 1535 and 1536 of title 31, STEIN, Mr. DURBIN, and Mr. BYRD, as United States for any individual supported with United States Code. grant funds under the program shall not exceed conferees on the part of the Senate. (f) AUTHORIZATION OF APPROPRIATIONS.— f 30 days. There are authorized to be appropriated such (B) LIMITATION.—The number of individuals sums as may be necessary to carry out this sec- MORNING BUSINESS supported with grant funds under the program tion. Mr. ROTH. Mr. President, I now ask shall not exceed 3,000 in any fiscal year. (g) TRANSFER OF FUNDS.—Any amounts ap- (C) USE OF FUNDS.—Grant funds under the propriated for use in the program established unanimous consent that the Senate program shall be used to pay— under section 3011 of the 1999 Emergency Sup- proceed to a period of morning business (i) the costs and expenses incurred by each plemental Appropriations Act (Public Law 106– with Senators permitted to speak program participant in traveling between Russia 31; 113 Stat. 93) shall be transferred to the Fund therein for up to 10 minutes each. and the United States and in traveling within and shall remain available without fiscal year The PRESIDING OFFICER. Without the United States; limitation. objection, it is so ordered. (ii) the costs of providing lodging in the (h) EFFECTIVE DATES.— f United States to each program participant, (1) IN GENERAL.—This section shall take effect whether in public accommodations or in private on the date of enactment of this Act. VICTIMS OF GUN VIOLENCE homes; and (2) TRANSFER.—Subsection (g) shall only (iii) such additional administrative expenses apply to amounts which remain unexpended on Mr. REID. Mr. President, it has been incurred by organizations in carrying out the and after the date the Board of Trustees of the more than a year since the Columbine program as the Center may prescribe. Center certifies to the Librarian of Congress tragedy, but still this Republican Con- (4) APPLICATION.— that grants are ready to be made under the progress refuses to act on sensible gun leg- (A) IN GENERAL.—Each organization in the gram established under this section. islation. United States desiring a grant under this section SEC. 314. SENSE OF SENATE COMMENDING CAP- Since Columbine, thousands of Amer- shall submit an application to the Center at ITOL POLICE. (a) The Senate finds that— icans have been killed by gunfire. Until such time, in such manner, and accompanied by (1) the United States Capitol is the people’s we act, Democrats in the Senate will such information as the Center may reasonably house, and, as such, it has always been and will require. remain open to the public; read some of the names of those who (B) CONTENTS.—Each application submitted (2) millions of people visit the Capitol each lost their lives to gun violence in the pursuant to subparagraph (A) shall— year to observe and study the workings of the past year, and we will continue to do so (i) describe the activities for which assistance democratic process; every day that the Senate is session. under this section is sought; (3) the Capitol is the most recognizable symbol In the name of those who died, we (ii) include the number of program partici- of liberty and democracy throughout the world will continue this fight. Following are pants to be supported; and those who guard the Capitol guard our the names of some of the people who (iii) describe the qualifications of the individ- freedom; uals who will be participating in the program; (4) on July 24, 1998, Officer Jacob Chestnut were killed by gunfire one year ago and and Detective John Michael Gibson of the today. (iv) provide such additional assurances as the United States Capitol Police sacrificed their July 17: Reggie Allen, 20, Miami-Dade Center determines to be essential to ensure com- lives to protect the lives of hundreds of tourists, County, FL; Brady Ball, 25, New Orle- pliance with the requirements of this section. Members of Congress, and staff; ans, LA; Lynn Beck, 16, Dallas, TX; S7066 CONGRESSIONAL RECORD — SENATE July 17, 2000 Sherron Britt, 31, St. Louis, MO; Khary As years went by, the U.S. Fish and ADDITIONAL STATEMENTS Daley, 24, Boston, MA; Willie Ennett, Wildlife Service which manages the 23, Detroit, MI; Monroe Gibson, 23, New programs, started straying further and Orleans, LA; Hemenorio Gonzalez, 45, further from the original intent of HEALTHY CULTURE INITIATIVE San Antonio, TX; Wilbert Hooten, 64, Pittman-Robertson funds. After an ∑ Mr. BROWNBACK. Mr. President, I Chicago, IL; Fernando Marquez, 32, oversight investigation by House Com- rise to recognize the ground-breaking Chicago, IL; Jim Rest, 58, Minneapolis, mittee on Resources, chaired by Mr. and encouraging work being performed MN; Terrence Roberts, Detroit, MI; YOUNG of Alaska, it was found that the by the Healthy Culture Initiative, a Paul Trapp, 50, Detroit, MI; Sam Fish and Wildlife Service was using non-profit group with which I am hon- Wright, 35, Detroit, MI; Unidentified Pittman-Robertson for purposes far ored to be associated. The Healthy Cul- male, 77, Nashville, TN. outside the intent of the law. Funds ture Initiative (HCI) is an organization f were used for everything from foreign committed to strengthening and im- SURFACE TRANSPORTATION travel to grants for anti-hunting proving the health of America’s culture BOARD’S RAIL MERGER MORATO- groups and programs that work against by recognizing and replicating the RIUM the interests of hunters. This is just many innovative, local initiatives plain wrong, and goes against every- aimed at solving community chal- Mr. HOLLINGS. Mr. President, I rise thing the program was originally in- lenges. to commend the Surface Transpor- tended to accomplish. The Healthy Culture Initiative recog- tation Board for issuing its rail merger In response to the abuse uncovered nizes that there are many challenges moratorium, which has just been by his Committee, Mr. YOUNG intro- we face as a nation—over the last thir- upheld by the D.C. Circuit Court of Ap- duced legislation to fix the problems. ty years, we have seen huge increases peals. We on the Commerce Committee in family breakdown, out-of-wedlock have been watching the railroad indus- Part of the legislation caps the admin- births, single parent families, teen sui- try closely these last several years and istrative expenses for the program and cide, drug abuse, violence, and civic we believe time is needed to reevaluate sets in stone what is an authorized ad- disengagement. But for every problem where the industry has been and where ministrative expense. This is a step in in America, there is already a solu- it should be going. To have moved for- the right direction, because it will re- tion—a solution that is in place in ward with a new round of mergers now store the integrity to this program. His neighborhoods across America. Indeed, would have been shortsighted and not bill, H.R. 3671, passed the House on in the public interest. I am pleased April 5th with an overwhelming vote of many of the most effective solutions to that the Board had the courage to call 423–2. the complex social problems of crime, a time-out on rail mergers to reexam- I am proud to be included as a co- drug abuse, family breakdown, teen ine its rail merger policy before pro- sponsor of the Senate version of this suicide, illegitimacy, and poverty arise ceeding further at this important bill, S. 2609. My colleagues from Idaho, from the committed efforts of a small crossroads for the rail sector. I am also Mr. CRAIG and Mr. CRAPO, have mod- group of individuals working within gratified that the Court shared my eled it after H.R. 3671 and included pro- their own community. view, and the view of many of us in the visions for valuable programs like The Healthy Culture Initiative seeks Senate, that the Board has the author- hunter safety, as well as a multi-state to recognize these exciting efforts, and ity to do what needs to be done. conservation grant program. This bill encourage their replication. HCI has four primary objectives: f ensures that the money sportsmen pay for wildlife conservation and hunter First, through a series of Success WILDLIFE AND SPORT FISH RES- safety is actually used for those pur- Summits to be held in cities across TORATION PROGRAMS IMPROVE- poses and restores the accountability America, the Healthy Culture Initia- MENT ACT OF 2000 that has been missing for too long. It is tive will recognize, and help replicate, Mr. BURNS. Mr. President, today I time we made this right, and earned community-based solutions to pressing rise on behalf of the men and women of back the trust of the people we are social challenges. this country who value hunting and here to serve. Second, the Healthy Culture Initia- fishing as an important part of their tive will jump-start important civic lives. I am one of them, and I know I f dialogue about ways that ordinary peo- am not alone in the Senate. Many of ple, working alone or in small groups, can help strengthen families, schools, my colleagues have joined me as mem- THE VERY BAD DEBT BOXSCORE bers of the Sportsmen’s Caucus, and I neighborhoods, and ultimately, our Na- am pleased that we enjoy such strong Mr. HELMS. Mr. President, at the tion. support. In my home state of Montana, close of business Friday, July 14, 2000, Third, HCI will measure the success hunting and fishing are incredibly im- the Federal debt stood at of new initiatives. In conjunction with portant. These are some of the activi- $5,666,749,557,909.16 (Five trillion, six the Gallup organization, the Healthy ties we engage in to enjoy our beautiful hundred sixty-six billion, seven hun- Culture Initiative will work to quan- outdoors. Hunting and fishing give us dred forty-nine million, five hundred tify the actual results of each new ini- the chance to spend time with our fam- fifty-seven thousand, nine hundred tiative launched, so that resources and ilies, and to take part in the traditions nine dollars and sixteen cents). attention can be concentrated on the that generations of Montanans have One year ago, July 14, 1999, the Fed- most effective efforts. enjoyed. eral debt stood at $5,624,307,000,000 And finally, HCI will develop a net- It is this strong tradition that brings (Five trillion, six hundred twenty-four work of information resources, includ- me here today. There has been a grave billion, three hundred seven million). ing web links and educational mate- injustice dealt to America’s sportsmen. Five years ago, July 14, 1995, the Fed- rials, to assist community activists in I am referring to the abuse of Pittman- eral debt stood at $4,933,039,000,000 initiating new programs in their neigh- Robertson and Dingell-Johnson funds (Four trillion, nine hundred thirty- borhoods. by the U.S. Fish and Wildlife Service. three billion, thirty-nine million). I can personally attest to the excit- These are funds from the Wildlife and Twenty-five years ago, July 14, 1975, ing work undertaken by the Healthy Sport Fish Restoration Programs the Federal debt stood at Culture Initiative, in that I and Sen- which impose an excise tax on the $531,818,000,000 (Five hundred thirty-one ator JOE LIEBERMAN, currently serve as equipment hunters and fishermen buy. billion, eight hundred eighteen million) honorary co-chairs. I am excited by the Then the tax monies from the sporting which reflects a debt increase of more caliber and quality of individuals who goods are used for things like wildlife than $5 trillion—$5,134,931,557,909.16 are leading this initiative—including habitat and hunter safety programs. (Five trillion, one hundred thirty-four Don Clifton, President and CEO of the These programs were started in 1937, billion, nine hundred thirty-one mil- Gallup Corporation; Charles Krulak, with the strong support of both the lion, five hundred fifty-seven thousand, former Commandant of the United sportsmen who pay the tax and the nine hundred nine dollars and sixteen States Marine Corps, Executive Direc- states who administer the projects. cents) during the past 25 years. tor Cindy Cobb; Don Eberly, CEO of the July 17, 2000 CONGRESSIONAL RECORD — SENATE S7067 National Fatherhood Initiative, Curt In those days, the term patriot more close- announced that the Speaker has signed Smith of the Hudson Institute, Jay ly equated to insurgent. A patriot was a rev- the following enrolled bills: Speigel of the Reserve Officers Associa- olutionary who promoted the independence H.R. 3544. An act to authorize a gold medal tion, and many others. of his people from the country or union of to be presented on behalf of the Congress to The plans of the Healthy Culture Ini- countries that controlled them. Pope John Paul II in recognition of his many From the British perspective, patriots and enduring contributions to peace and reli- tiative are ambitious and wide-ranging. were criminals; to them, the term was an ep- It is my hope that by celebrating the gious understanding, and for other purposes. ithet carrying the negative connotation of H.R. 3591. An act to provide for the award many exciting success stories taking disloyalty. Thus, in 1775, when George Wash- of a gold medal on behalf of the Congress to place in our communities across Amer- ington dubbed the original rag-tag band of former President Ronald Reagan and his wife ica, we can encourage their replica- fighters ‘‘the patriot army,’’ he was making Nancy Reagan in recognition of their service tion—and build a healthier culture, and a profoundly political and deliberately in- to the Nation. a stronger America.∑ flammatory statement; this newborn army H.R. 4391. An act to amend title 4 of the would win independence for America. f Untied States Code to establish souring re- Over time, the word ‘‘patriot’’ evolved to a quirements for State and local taxation of 225TH ANNIVERSARY OF THE U.S. more heroic meaning—a person who loves his mobile telecommunication services. ARMY country and who defends and promotes its The enrolled bills were signed subse- interests. It is especially applied to soldiers ∑ Mr. SMITH of Oregon. Mr. President, who fight for love of country. Thanks to the quently by the President pro tempore I rise today to commemorate the 225th success of the American Revolution, the con- (Mr. THURMOND). Anniversary of the United States Army notation of that simple term changed from f one of disloyalty to one of allegiance. and ask unanimous consent that an ar- MEASURE REFERRED ticle written by the Chief of Staff of Since the end of the Revolution, American the Army, General Eric K. Shinseki, soldiers, imbued with the spirit of the origi- The following bill was read the first nal patriots, have pledged their allegiance to which pays due tribute to the U.S. and second times by unanimous con- this nation through their sacrifices in uni- sent, and referred as indicated: Army and its contributions to our free- form. In doing so, hundreds of thousands of H.R. 3323. An act to designate the Federal doms be printed in the RECORD. them have given their last full measure of building located at 158–15 Liberty Avenue in There being no objection, the article devotion in ultimate demonstration of love Jamaica, Queens, New York, as the ‘‘Floyd was ordered to be printed in the for country. H. Flake Federal Building.’’ RECORD, as follows: Today, thousands of soldiers serve around f [Copyright 2000 The Baltimore Sun Com- the globe to maintain our freedom and to pany, The Baltimore Sun, Thurs., June 15, provide the promise of a better life to others PETITIONS AND MEMORIALS 2000] for whom liberty is but a dream. They are the finest men and women the nation has to The following petitions and memo- THE ARMY AT 225: A NEW PATRIOTISM offer—active, guard and reserve soldiers rials were laid before the Senate and (By Eric K. Shinseki) doing the heavy lifting so we can enjoy the were referred or ordered to lie on the WASHINGTON—In two weeks, Mel Gib- comforts and freedoms of our way of life. table as indicated: son’s latest movie, ‘‘The Patriot,’’ opens na- They are unknown to most of us, but they POM–551. A resolution adopted by the As- tionwide. Set during the American Revolu- sacrifice daily in places like Kosovo, Saudi sembly of the State of Wisconsin relative to tion, it is the story of a colonist who be- Arabia, Bosnia, East Timor, Kuwait, Korea the Washington Juneteenth 2000 National comes a militia leader when the sweep of war and Macedonia in order to promote democ- Holiday Observance; ordered to lie on the and the advance of the British endanger his racy and to preserve peace and stability. table. farm and family. These men and women are our patriots. ASSEMBLY RESOLUTION 29 Whether by design or mere coincidence, They are prepared to defend our country, and the release of ‘‘The Patriot’’ comes at a par- they are also the best ambassadors for de- Whereas, more than 130 years old, ticularly fitting time in our nation’s history mocracy we could have, carrying the same Juneteenth, National Freedom Day is the because this month marks the 225th anniver- torch of liberty that was lit 225 years ago. In oldest and only African-American holiday sary of the birth of our Army. the remotest corners of the globe, American observance in the United States, which is The birth of our Nation and the birth of soldiers command respect because they sym- also known as ‘‘Emancipation Day,’’ ‘‘Eman- our Army are inseparably linked. bolize the traits of our forefathers; a passion cipation Celebration,’’ ‘‘Freedom Day,’’ A year before we formally declared our for liberty and a willingness to fight to pro- ‘‘Jun-Jun’’ and ‘‘Juneteenth’’; and independence, we had already begun fighting Whereas, Juneteenth National Freedom tect freedom. for it at Lexington and Concord and the Bat- Day commemorates the survival, due to God- As we reflect on the Army’s 225th birthday, tle of Bunker Hill, the bloodiest single en- given strength and determination, of Afri- let us remember that with our Army was gagement of the Revolution. On that small can-Americans, who were first brought to born a nation; with that nation was born de- piece of ground, over the course of one day, this country stacked in the bottom of slave mocracy; and with democracy was born the the British lost a staggering 1,054 regulars. ships in a month-long journey across the At- hope that peace and liberty could someday The colonists lost about 440. lantic Ocean, known as the ‘‘Middle Pas- be attained by all oppressed peoples of the After Bunker Hill, the British would never sage’’; and world.∑ again underestimate the tenacity and fight- Whereas, approximately 11,500,000 African- ing spirit of the American soldier. These f Americans survived the voyage to the New early engagements surprised the British, MESSAGE FROM THE PRESIDENT World (the number that died is likely great- who saw themselves as professionally trained er), only to be subjected to whipping, castra- soldiers and the militiamen as little more A message from the President of the tion, branding, rape, tearing apart of fami- than a disorganized rabble. United States was communicated to lies and forced submission to slavery for But let us not forget that we surprised our- the Senate by Ms. Evans, one of his more than 200 years after arrival in the selves as well. Despite our dogged determina- secretaries. United States; and tion to confront the foe, we were unproven Whereas, Juneteenth commemorates the and uncertain of our abilities. Who could EXECUTIVE MESSAGE REFERRED day on which freedom was proclaimed to all have imagined that our ill-equipped and un- As in executive session the presiding slaves in the South by Union General Grang- trained colonial militia would fare as well as officer laid before the Senate a mes- er, on June 19, 1865, in Galveston, Texas, it did? Our success in those early battles was sage from the President of the United more than 2.5 years after the signing of the significant. States submitting a nomination which Emancipation Proclamation by President The victories strengthened national pride, was referred to the Committee on Com- Abraham Lincoln; and engendered new confidence and bolstered the Whereas, for the first time, in over 130 will to fight. When word spread down the merce. years of the annual celebration, Juneteenth coast that New England farmers had success- (The nomination received today is has finally been ‘‘officially recognized’’ as fully stood up to the well-equipped and well- printed at the end of the Senate pro- Juneteenth Independence Day in America by trained British regulars, colonists every- ceedings.) the President and Congress of the United where were filled with newfound courage and f States; and patriotic fervor. Frustration turned to moti- Whereas, this reality is particularly under- vation, and from that point on, the cry for MESSAGES FROM THE HOUSE scored by the fact that it was in the 1st Ses- independence simply would not be quelled. sion of the 105th Congress, via the bipartisan ENROLLED BILLS SIGNED On June 14, 1775, Congress took the first cooperation of former Congresswoman Bar- formal step in the march toward independ- At 8:22 p.m., a message from the bara Rose-Collins (D-Michigan, former Sen- ence by voting to establish what was then House of Representatives, delivered by ator Carol Mosley-Braun (D-Illinois), Con- the Continental Army. Mr. Hayes, one of its reading clerks, gressman J.C. WATTS (R-Oklahoma), former S7068 CONGRESSIONAL RECORD — SENATE July 17, 2000 House Speaker Newt Gingrich (R-Georgia), State, including Bergen, Essex, Hunterdon, Virginia relative to consumer credit report- Senate Majority Leader TRENT LOTT (R-Mis- Mercer, Middlesex, Morris, Passaic, Som- ing agencies; to the Committee on Banking, sissippi) and Senate Minority Leader TOM erset, and Union, to be federal disaster areas, Housing, and Urban Affairs. DASCHLE (D-South Dakota), that Senate and this federal disaster declaration allows HOUSE JOINT RESOLUTION NO. 310 Joint Resolution 11 and House Joint Resolu- for the federal funding of disaster relief to Whereas, the Fair Credit Reporting Act es- tion 56 were successfully shepherded through public entities, businesses and individuals, as tablished a statutory framework for pro- both houses of Congress, in a successful ef- well as funding for mitigation against future tecting the rights of consumers to fair dis- fort to officially recognize Juneteenth as the similar disasters; and closure of credit information; and Independence Day observance of Americans Whereas, The damages in the State result- Whereas, the Fair Credit Reporting Act of African descent in 1997; and ing from Hurricane Floyd and its associated permits credit reporting agencies to report Whereas, Americans of all colors, creeds, flooding are estimated by the Federal Emer- information related to a consumer’s credit cultures, religions and countries-of-origin gency Management Agency to be approxi- history; and share in a common love of, and respect for, mately $500,000,000 and this estimate is rising Whereas, credit reporting agencies provide ‘‘freedom,’’ as well as a determination to as more assessments are conducted and an overall rating of the consumer’s credit protect their right to freedom through demo- verified; and risk on the consumer’s credit report; and cratic institutions, by which the ‘‘tenets-of- Whereas, The total number of houses, Whereas, credit reporting agencies con- freedom’’ are guaranteed and protected; and apartments and businesses destroyed, dam- sider the number of inquiries into a con- Whereas, the ‘‘19th of June’’ or Juneteenth aged or affected by Hurricane Floyd and its sumer’s credit report when determining the Independence Day, along with the ‘‘4th of associated flooding exceeds 70,000; and overall rating; and July,’’ completes the ‘‘cycle of freedom’’ for Whereas, United States Senator Frank Whereas, the number of inquiries request- America’s Independence Day observances; Lautenberg and United States Representa- ing a consumer’s credit report is not sub- and tive Marge Roukema have proposed federal Whereas, ‘‘Until All are Free, None are stantially related to a consumer’s credit risk legislation to help small businesses and and is often outside the consumer’s control; Free’’ is an oft-repeated maxim that can be farmers recover from the damage inflicted used to highlight the significance of the end and by Hurricane Floyd and its associated flood- Whereas, creditors rely on the information of the era of slavery in the United States; ing, which legislation would make available, reported by credit reporting agencies to and through the Federal Emergency Manage- evaluate the credit risk of a consumer; and Whereas, the National Juneteenth Observ- ment Agency, one-time grants to small busi- ance Foundation is sponsoring the premier Whereas, many consumers are denied cred- nesses and farmers in amounts up to $50,000 it based on a credit reporting agency’s rating celebration, concert, worship services and or at least 50 percent of the cost to replace campaign to commemorate America’s 2nd of that consumer: Now, therefore be it non-insured contents and inventory or to Resolved by the House of Delegates, the Sen- Independence Day observance, the ‘‘19th of carry out repairs, provided that the grant is ate concurring; That the Congress of the June,’’ as one which completes the cycle of not used to relocate the business outside of United States be urged to amend the Fair America’s 18th century Independence Move- the community and provided that the grant Credit Reporting Act to prohibit credit re- ment, initiated with the ‘‘4th of July,’’ 1776, recipient purchases and maintains flood in- porting agencies from using information re- ‘‘Declaration of Independence’’ and to recog- surance coverage; and lated to the number of inquires in a con- nize this country’s movement towards a Whereas, Individuals and businesses have sumer’s credit report to determine the con- ‘‘One America,’’ advanced by a sincere dia- suffered extraordinary hardships, and it is in sumer’s overall rating; and, be it logue of the realization of what Juneteenth the public interest to assist individuals and Resolved further, That the General Assem- historically means to all Americans, pro- businesses recovering from the devastating bly of Virginia most fervently urge and en- moting racial healing, restoration and jus- effects of Hurricane Floyd in the most expe- courage each state legislative body of the tice: Now, therefore, be it ditious manner possible; and Resolved by the assembly, That the members United States of America to enact this reso- Whereas, It is in the best interest of the lution, or one similar in context and form, as of the Wisconsin assembly support this his- residents of the State to urge the President, toric recognition and encourage participa- a show of solidarity in petitioning the fed- the Congress of the United States, and the eral government for greater protection for tion of our members, families and commu- Federal Emergency Management Agency to nities in the ‘‘officially recognized’’ Wash- consumers in obtaining credit; and, be it take all available steps to provide financial Resolved finally, That the Clerk of the ington Juneteenth 2000 National Holiday Ob- assistance in the most expeditious manner House of Delegates transmit copies of this servance, on the National Mall, Lincoln Me- possible to New Jersey’s flood areas and resolution to the President of the United morial and U.S. capital grounds, scheduled flood victims; now, therefore, be it States, the Speaker of the United States for Saturday, June 17, 2000, from 8 a.m. until Resolved by the General Assembly of the State House of Representatives, the President of 5 p.m., which will be followed by a Sunday of New Jersey: the United States Senate, the Secretary of evening Juneteenth Fathers’ Day Benefit 1. This House urges the President and the the United States Department of Labor, each Concert honoring African-American Fathers, Federal Emergency management Agency to member of the Virginia Congressional Dele- and a Monday, June 19, 2000, noon rally in provide financial assistance in the most ex- gation, and to the Chairman of the Council support of National Juneteenth Independ- peditious manner possible to provide relief of State Governments, requesting that he ence Day holiday legislation and a series of to New Jersey’s flood areas and flood vic- distribute copies of this resolution to the evening Juneteenth prayer and praise wor- tims. This House also urges the President presiding officer of each house of each state ship services in churches and houses of wor- and the Federal Emergency Management legislative body in the United States of ship throughout the Washington, D.C., area Agency to not deduct any State monies pro- America in order that they may be apprised and the country; and, be it further vided for flood relief from the calculation of of the sense of the General Assembly of Vir- Resolved, That the assembly chief clerk federal monies allocated to New Jersey to re- ginia in this matter. shall provide a copy of this resolution to the cover from the devastating effects of Hurri- president and secretary of the U.S. senate, to cane Floyd and its aftermath. POM–554. A concurrent resolution adopted the speaker and clerk of the U.S. house of 2. This House urges the Congress of the by the Legislature of the State of Hawaii, representatives and to each member of the United States to act swiftly on legislation relative to community goals and outcomes; congressional delegation from this state at- proposed by United States Senator Frank to the Committee on Governmental Affairs. testing the adoption of this resolution by the Lautenberg and United States Representa- 1999 assembly of the state of Wisconsin. tive Marge Roukema to help small business SENATE CONCURRENT RESOLUTION NO. 12 and farmers recover from the damage in- Whereas, the Hawaii State Legislature has POM–552. A resolution adopted by the Gen- flicted by Hurricane Floyd and its associated recognized the importance of measuring eral Assembly of the State of New Jersey rel- flooding. progress towards shared outcomes through ative to flood areas and flood victims; to the 3. A duly authorized copy of this resolu- the establishment of the Hawaii Perform- Committee on Banking, House, and Urban tion, signed by the Speaker of the General ance Partnerships Board by Act 160, Session Affairs. Assembly and attested by the Clerk thereof, Laws of Hawaii 1999, and the adoption of ASSEMBLY RESOLUTION NO. 200 shall be transmitted to the President of the House Concurrent Resolution No. 38 by the Whereas, Tremendous damage was caused United States, the President of the United Legislature in 1998; and in the State of New Jersey by the high States Senate, the Speaker of the United Whereas, a memorandum of agreement has winds, waves, storm surge, severe flooding States House of Representatives, the major- been executed between the federal, state, and fires associated with Hurricane Floyd; ity and minority leaders of the United States county, community, and business sectors to and Senate and the United States House of Rep- encourage and facilitate cooperation to rede- Whereas, Up to 13 inches of rain fell in por- resentatives, the Director of the Federal sign and test an outcomes-oriented approach tions of the State, causing rivers and other Emergency Management Agency, and each to intergovernmental service delivery; and inland waterways to flood streets, homes and member of Congress elected from the State Whereas, the federal government, through businesses, and high winds downed many of New Jersey. the efforts of the National Partnership for trees and damaged many structures; and Reinventing Government, has empowered Whereas, The President of the United POM–553. A joint resolution adopted by the federal agencies to provide incentives, such States declared certain counties in this General Assembly of the Commonwealth of as decreased state matching funds, waived July 17, 2000 CONGRESSIONAL RECORD — SENATE S7069 regulations, or additional federal funds to Whereas, In 1976 the Indonesian govern- Whereas, Pearl Harbor Naval Shipyard prostate agencies in partnership with commu- ment admitted that 60,000 East Timorese had vides for trade and skills training for the nity-based organizations that measure been killed since the invasion and President youth of Hawaii through the Apprentice pro- progress towards shared outcomes through Suharto signed legislation declaring East gram in partnership with the University of initiatives such as Boost4Kids; and Timor as Indonesia’s 27th province; and Hawaii; and Whereas, Hawaii’s aloha spirit connects its Whereas, In the 1970’s and 1980’s tens of Whereas, Pearl Harbor Naval Shipyard re- people in a unique manner, by guiding our thousands of East Timorese died of starva- solves a quality of life issue for the military decisions and actions; and tions, military bombardment, and execu- by accomplishing the ship repair overhauls Whereas, Hawaii’s communities have tions as thousands of other suffered mal- and repairs in Hawaii and the Homeport of joined together to create outcomes and goals nutrition, sterilization, relocation in settle- the Navy ships; and to improve the well-being of Hawaii’s people ment camps, and arrest and torture at the Whereas, Pearl Harbor Naval Shipyard has in several different efforts, such as Ke Ala hands of the Indonesian forces; and the capacity to accomplish more Navy work Hoku, Education Goals 2000, Healthy 2010, Whereas, Despite continued military at- in Pearl Harbor with the skilled workforce Hawaii Family Touchstones; and tacks on East Timorese civilians during 1999 and the availability of the Homeport ships; Whereas, the acceptance of a common set and fears of widespread violence against vot- and of desired outcomes, compatible with statu- ers, a heavy turnout at the polls on August Whereas, Pearl Harbor Naval Shipyard tory mandates, will enable state, county, 30, 1999, provided almost an 80 percent vote needs to be ‘‘right sized’’ for its current and and community agencies to focus on achiev- for the independence of East Timor from In- future workload to allow Pearl Harbor and ing positive results that exemplify Hawaii’s donesia; and the Navy to maintain and overhaul ships in uniqueness; and Whereas, Within hours of the announce- Hawaii; and Whereas, achieving results require cre- ment of the election results on September 4, Whereas, Pearl Harbor Naval Shipyard ation of accountability systems that cross 1999, a systematic campaign of terror was would require the hiring of 700 to 800 perma- agency boundaries to measure the combined launched against the East Timorese by the nent civilian employees over the next two efforts of many partners, both public and pri- Indonesian armed forces and their allied mi- years to obtain the necessary skilled per- vate; and litias during which three-quarters of the pop- sonnel to execute the Navy work; and Whereas, the Hawaii Performance Partner- ulation was displaced. In a coordinated man- Whereas, Pearl Harbor Naval Shipyard has ships Board has considered the achievements ner, the Indonesian military and militias an application list of 1,000 qualified local ap- of many of Hawaii’s people in creating out- forced hundreds of thousands of East Timor- plicants seeking employment at Pearl Har- comes and goals: Now, therefore, be it ese at gunpoint to board trucks, boats, and bor Naval Shipyard: Now, therefore, be it Resolved by the Senate of the Twentieth Leg- airplanes for transportation to West Timor Resolved by the Senate of the Twentieth Leg- islature of the State of Hawaii, Regular Session and other parts of Indonesia; and islature of the State of Hawaii, Regular Session of 2000, the House of Representatives concur- Whereas, By the end of 1999, United Na- of 2000, the House of Representatives concurring, That the following key community out- tions agencies reported that over 125,000 East ring, That this body hereby urges the United comes are hereby endorsed by the Legisla- Timorese had returned home; however, more States Navy to increase the workload and ture as state policy: than 100,000 East Timorese remain unable to employment in Pearl Harbor Naval Shipyard (1) A safe, nurturing social environment; return home, many months after the an- to utilize the full capacity of the Hawaiian (2) A healthy, natural environment; ship repair industry; and be it further (3) A thriving, diverse, sustainable econ- nouncement of the referendum results and Resolved, That the United States Navy is omy; despite repeated pledges by the Indonesian (4) Educated people; and government to remedy the situation. Thou- requested to brief the Legislature and com- (5) Civic vitality; sands of East Timorese taken to other areas munity business leaders on the future work Be it further resolved, That public and pri- of Indonesia remain unaccounted for now, load plans for Pearl Harbor Naval Shipyard; vate agencies committed to improving the therefore, be it and be it further well-being of Hawaii’s peoples be encouraged Resolved by the Assembly and Senate of the Resolved, That certified copies of this Con- to utilize these outcomes as a basis for pol- State of California, jointly. That the Legisla- current Resolution be transmitted to the icy and program development, planning, and ture of the State of California respectfully President and Vice President of the United for budgeting; and be it further requests the President and the Congress of States, the Hawaii Congressional Delegation, Resolved, that all public and private agen- the United States to employ diplomatic and the Governor, and the United States Navy cies are encouraged to form partnerships and other resources to persuade the Indonesian through the chain of command to the Chief measure progress towards the outcomes government to expedite the return of all of Naval Operations, the Secretary of the most appropriate to their individual mis- East Timorese refugees in Indonesia who Navy, and the Secretary of Defense. sions; and be it further wish to return home; and be it further Resolved, That certified copies of this con- Resolved, That the Chief Clerk of the As- POM–558. A resolution adopted by the current resolution be transmitted to the sembly transmit copies of this resolution to House of the Legislature of the State of Ha- Governor, the Vice President of the United the President and Vice President of the waii relative to toxic waste; to the Com- States, the United States Secretary of Agri- United States, and to each Senator and Rep- mittee on Armed Services. culture, the United States Secretary of Edu- resentative from California in the Congress HOUSE RESOLUTION NO. 124 of the United States. cation, the United States Secretary of Whereas, the United States and the people Health and Human Services, the Hawaii Per- of Hawaii have had long historical, cultural, POM–557. A concurrent resolution adopted formance Partnerships Board, the Mayor of and economic ties with the people of the by the Legislature of the State of Hawaii rel- the County of Maui, the Mayor of the City Philippines as part of the Pacific-Asia com- ative to Pearl Harbor Naval Shipyard; to the and County of Honolulu, the Mayor of the munity; and Committee on Armed Services. County of Kauai, the Mayor of the County of Whereas, Filipinos all over the world, in- Hawaii, Aloha United Way, the Hawaii Com- SENATE CONCURRENT RESOLUTION NO. 102 cluding the Filipino-American community in munity Foundation, HMSA Foundation/Ha- Whereas, Pearl Harbor Naval Shipyard is Hawaii and the United States and their waii Medical Service Association, The Cham- strategically located in the Pacific Ocean friends, commemorated the centennial of the ber of Commerce of Hawaii, all state depart- and the Naval Base is in the best interest of birth of the Republic of the Philippines ments, Partnering for Outcomes, State Pro- the National Security; and (June 12, 1898), a culmination of the Filipino curement Office, Good Beginnings Alliance, Whereas, Pearl Harbor Naval Shipyard is peoples’ struggle for freedom and independ- Interdepartmental Council, Hawaii Primary the largest industrial employer in the State ence against Spanish colonial rule; and Care Association, and Covering Kids. of Hawaii; and Whereas, in December 1992, United States Whereas, Pearl Harbor Naval Shipyard em- military forces withdrew from Clark Air POM–555. A resolution adopted by the ployed 6,900 employees in 1989, and has since Base and Subic Naval Base, thus ending al- Council of the City of Mayfield Heights, Ohio experienced a 58% reduction of the work- most a century of United States military relative to a United Nations Convention, to force, and currently employs 3,200 employ- presence in the Philippines; and the Committee on Foreign Relations. ees; and Whereas, reports from the United States POM–556. A joint resolution adopted by the Whereas, Pearl Harbor Naval Shipyard was General Accounting Office, United States Legislature of the State of California rel- the Homeport for 41 Navy ships and sub- Department of Defense, the World Health Or- ative to East Timorese refugees; to the Com- marines in 1989, and currently is the Home- ganization, United States experts, environ- mittee on Foreign Relations. port for 31 navy ships and submarines; and mental baseline surveys conducted by Amer- ASSEMBLY JOINT RESOLUTION NO. 54 Whereas, Pearl Harbor Naval Shipyard pro- ican firms, and recent media reports, includ- Whereas, In 1975, after the former Por- vided Navy contract work for 65 to 75 percent ing those conducted by the Boston Globe and tuguese colony of East Timor gained its of the private ship repair industry in Hawaii; CNN, identified serious contamination at independence, Indonesian forces invaded and forty-six sites at both Clark and Subic bases; East Timor and occupied the country despite Whereas, Pearl Harbor Naval Shipyard and the call of the United Nations Security spends in excess of $350 million in material Whereas, many of the chemicals identified, Council for Indonesia to withdraw its forces; purchases, contracts with local businesses, such as polychlorinated biphenyls (PCBs) and and payroll costs; and Aldrin, Dieldrin, Benzene, and Heptachlor, S7070 CONGRESSIONAL RECORD — SENATE July 17, 2000 are part of the family chemicals known as including Fort Belvoir in Fairfax County; Resolved, That the Chief Clerk of the As- persistent organic pollutants (POPs) because and sembly transmit copies of this resolution to of their persistence in the environment and Whereas, Fort Belvoir is located near the President and Vice President of the association with health problems like can- Mount Vernon, the residence of George United States, the Majority Leader of the cer, reproductive failure, and behavior dis- Washington, the first President of the United Senate, the Speaker of the House of Rep- orders; and States and Commander-in-Chief; and resentatives, to each Senator and Represent- Whereas, a ‘‘Health for All’’ survey con- Whereas, locating the United States Army ative from California in the Congress of the ducted by internationally-recognized health Museum in Virginia would enhance Vir- United States, to the President of the United expert Doctor Rosalie Bertell on behalf of ginia’s tourism and economic development States Chamber of Commerce, the President the Canadian Institute for the Concern for efforts; and of the California Chamber of Commerce, the Public Health and released in November 1998, Whereas, locating the United States Army- Chairman of the New York Stock Exchange, found conspicuously high and disparate lev- Museum at Fort Belvoir is a logical choice and the Chairman of the Board of the United els of kidney, urinary, nervous, and female due to its proximity to Washington, D.C., the Colors of Benetton. system health problems among 716 families Pentagon, and Arlington Cemetery: Now, surveyed in the Clark Air Base area alone; therefore, be it POM–561. A joint resolution adopted by the and Resolved by the House of Delegates, the Sen- General Assembly of the State of Colorado Whereas, on January 27, 1999, the Phil- ate concurring, That the Congress of the relative to the Federal Communications ippines House of Representatives Committee United States be urged to establish the na- Commission; to the Committee on Com- on Ecology released a report holding the tional United States Army Museum at Fort merce, Science, and Transportation. United States responsible for toxic wastes Belvoir, Virginia; and, be it SENATE JOINT RESOLUTION 00–031 left behind in the former United States mili- Resolved further, That the Clerk of the Whereas, According to its comprehensive tary bases at Clark and Subic, which threat- House of Delegate transmit copies of this plan and its duly adopted zoning regulations, en to make these areas economically dev- resolution to the Speaker of the United the Board of County Commissioners of Jef- astated, largely uninhabitable, and unusable; States House of Representatives, the Presi- ferson County, Colorado denied an applica- and dent of the United States Senate, and the tion by Lake Cedar Group, LLC, to rezone Whereas, the Filipino-American commu- members of the Virginia Congressional Dele- land on Lookout Mountain from residential nity, including the National Federation of gation in order that they may be apprised of and agricultural zoning to planned develop- Filipino American Associations (NFFAA) the sense of the General Assembly of Vir- ment zoning in order to allow construction and various church groups, such as the ginia in this matter. of an 854-foot telecommunications Church Coalition for Human Rights in the supertower and a 26,000 square foot support Philippines and the 20th General Synod of POM–560. A joint resolution adopted by the building; and the United Church of Christ (United States), Legislature of the State of California rel- Whereas, Such decision was a quasi-adju- have expressed grave concern for the United ative to commercial marketing; to the Com- dicative decision based on factual evidence States government’s lack of response and re- mittee on Commerce, Science, and Transpor- presented to the Jefferson County Board of sponsibility over its legacy of toxic wastes in tation. County Commissioners and application of the Philippines; and ASSEMBLY JOINT RESOLUTION NO. 50 applicable legal standards and as such can be Whereas, The Filipino Coalition for Soli- Whereas, The death penalty was originally appealed judicially to Jefferson County Dis- darity, Inc., a civil rights group based in Ha- instituted in California in 1851 under the trict Court, which court is fully empowered waii, is spearheading the information cam- Criminal Practices Act and reinstated in to grant full and appropriate relief to the ap- paign in Hawaii regarding this issue: Now, 1978; and pellant if appropriate under the facts of the therefore, be it Whereas, Due to the heinous nature of case; and Resolved by the House of Representatives of crimes that are punishable by the death pen- Whereas, Lake Cedar Group filed an appeal the Twentieth Legislature of the State of Ha- alty, only 5 percent of murderers reside on of Jefferson County’s decision in Jefferson waii, Regular Session of 2000, That the Legis- death row; and County District Court, which appeal is now lature expresses its strong concern for the Whereas, The international retail corpora- pending the filing of briefs by the parties; serious environmental problems caused by tion, the United Colors of Benetton, has and toxic wastes left behind by the United States glamorized death row inmates through Whereas, Despite the pending judicial ap- and the grave threat these wastes pose to photos and interviews, in order to sell peal, and after Jefferson County spent sev- public health in the communities adjoining Benetton products; and eral months preparing the voluminous record its former bases in Clark and Subic; and be Whereas, Such ‘‘shock marketing’’ per- of proceedings for the Jefferson County Dis- it further versely profiles criminals who have com- trict Court action, Lake Cedar Group, with- Resolved, That the Legislature calls on the mitted grossly inhuman acts of murder; and out notifying the Jefferson County Board of United Sates government to assist the Phil- Whereas, The 26 criminals profiled by County Commissioners or any other inter- ippines, which has neither the funds nor the Benetton have murdered at least 45 innocent ested party, filed a petition with the Federal technical capacity to conduct an environ- victims; and Communications Commission (FCC) request- mental clean up, as it has already done in Whereas, The advertisement campaign is ing the FCC to ‘‘preempt’’ Jefferson County’s cleaning up toxic contamination in overseas causing unnecessary pain and distress to the decision and to declare Jefferson County’s United States military bases in Germany, family and friends of the murder victims; decision ‘‘prohibited and unenforceable’’; and Italy, the United Kingdom, and in other and Whereas, By Public Notice dated April 10, countries; and be it further Whereas, This marketing constitutes a 2000, the FCC seeks public comment on Lake Resolved, That certified copies of this Reso- flippant ‘‘style statement’’ in what has been, Cedar Group’s petition; and lution be transmitted to the President of the and should remain, a serious issue for re- Whereas, In the United States, control United States, the President pro tempore of sponsible public debate; and over individual land use decisions is firmly the United States Senate, the Speaker of the Whereas, A good corporate citizen must vested in local governments, through statu- United States House of Representatives, the maintain a good standard of ethics and re- tory delegation from state governments; and Secretary of State, the Secretary of Defense, spect the bounds of responsible discourse Whereas, The FCC is barred by the 10th the Administrator of the Environmental concerning matters of policy dealing with Amendment to the United States Constitu- Protection Agency, the members of Hawaii’s the lives of citizens and the values of law- tion from attempting to preempt decisions congressional delegation, the Governor of abiding citizens; and made by local governments on individual Hawaii, the President of the Philippines, the Whereas, The glamorization of death row land use applications because the United President of the Philippines Senate, and the inmates in Benetton’s marketing campaign States Congress has not directed or author- Speaker of the Philippines Senate, and the does not appear to be consistent with being ized the FCC to preempt such local decisions; Speaker of the Philippines House of Rep- a good corporate citizen: Now, therefore, be and resentatives. it Whereas, The FCC lacks not only the au- Resolved by the Assembly and Senate of the thority, but also the expertise and any POM–559. A joint resolution adopted by the State of California Jointly. That Benetton’s adopted standards to second-guess and inval- General Assembly of the Commonwealth of glorification of criminals for profit is both idate local government land use decisions; Virginia relative to the United States Army inappropriate and insensitive to the families and Museum; to the Committee on Armed Serv- of the victims; and be it further Whereas, Any attempt by the FCC to pre- ices. Resolved, That the Members of the Assem- empt local government land use decision- HOUSE JOINT RESOLUTION NO. 207 bly and Senate of the State of California en- making in this manner would represent an Whereas, the Department of the Army has courage all citizens in California to express illegal, unauthorized, and unjustified attack been granted approval by Congress to estab- to the United Colors of Benetton, in what- on state- and local-government land use au- lish a national United States Army Museum; ever manner they deem most effective, their thority; Now, therefore, be it and opinion of the inappropriate and insensitive Resolved by the Senate of the Sixty-second Whereas, several sites are being considered death row marketing campaign and be it fur- General Assembly of the State of Colorado, the by Congress for the location of this museum, ther House of Representatives concurring herein: July 17, 2000 CONGRESSIONAL RECORD — SENATE S7071 That the General Assembly of the State of and to each member of the Louisiana con- tion for truckers seeking to get their re- Colorado hereby encourages the FCC not to gressional delegation. quired rest as prescribed by federal law; and preempt local government land use decision- Whereas, construction of additional inter- making and state judicial processes, thus POM–563. A concurrent resolution adopted state highway rest stops and expansion of ex- overriding local and state government au- by the Legislature of the State of Louisiana isting facilities would enable truckers to thority; and be it further relative to the Migratory Bird Treaty Act; to comply with federal hours-of-service require- Resolved, That copies of this Joint Resolu- the Committee on Appropriations. ments safely and inexpensively, resulting in tion be sent to the President of the United HOUSE CONCURRENT RESOLUTION NO. 23 fewer highway accidents and improved safety States Senate; the Speaker of the United Whereas, the Migratory Bird Treaty Act of for the motoring public: Now, therefore, be it States House of Representatives; each mem- 1972 as amended (16 U.S.C. 701 et seq.) was en- Resolved by the House of Delegates, the Sen- ber of Colorado’s Congressional delegation; acted to protect and manage migratory birds ate concurring, That the Congress of the each member of the House of Representa- in the United States and includes the regula- United States be urged to provide federal tives Subcommittee on Telecommunications, tion of taking, possessing, transporting, funding for expansion of certain highway Trade and Consumer Protection of the Com- shipping, exporting, and importing of migra- rest stops and for construction of additional mittee on Commerce; the Governor of Colo- tory birds; and interstate highway rest stops and, be it rado; and the Commissioners of the Federal Whereas, the enforcement of those laws Resolved further, That the Clerk of the Communications Commission. and regulations is essential to the goal of the House of Delegates transmit copies of this Migratory Bird Treaty Act, enforcement resolution to the Speaker of the United POM–562. A concurrent resolution adopted which, in the state of Louisiana, is the re- States House of Representatives, the Presi- by the Legislature of the State of Louisiana sponsibility of the enforcement division of dent of the United States Senate, and the relative to Internet taxation; to the Com- the Department of Wildlife and Fisheries; members of the Virginia Congressional Dele- mittee on Commerce, Science, and Transpor- and gation in order that they may be apprised of tation. Whereas, the hunting of migratory birds is the sense of the General Assembly of Vir- HOUSE CONCURRENT RESOLUTION NO. 9 a widespread recreational and tourist activ- ginia in this matter. Whereas, the Internet is a collection of ity in the state of Louisiana with an eco- POM–565. A joint resolution adopted by the computer networks that enables people to nomic impact in the state in excess of $131 Legislature of the State of California rel- communicate electronically with people in million, including an annual harvest of over ative to hemophilia relief; to the Committee other states and nations around the world 3.5 million birds by more than 128,000 hunters on Appropriations. and millions of organizations and consumers participating in over 1.7 million hunting are taking advantage of this technological trips; and ASSEMBLY JOINT RESOLUTION NO. 55 innovation to transact electronic interstate Whereas, with that level of activity in the Whereas, The Ricky Ray Hemophilia Relief commerce; and state of Louisiana, the enforcement division Fund Act of 1998 (P.L. 105–369) was enacted Whereas, business-to-consumer sales trans- of the Department of Wildlife and Fisheries by Congress to provide for compassionate acted through the Internet have increased is confronted with the monumental task of payments to individuals with blood-clotting the interstate commerce of items which have enforcement of the provisions of the Migra- disorders, such as hemophilia, who con- traditionally been sold in intrastate com- tory Bird Treaty Act, violations of which are tracted the human immunodeficiency virus merce, increasing competition between tra- estimated to have an annual negative impact due to contaminated blood products; and ditional ‘‘main street’’ family businesses and on the state’s economy of nearly $8.2 million; Whereas, In its review of the events sur- interstate mail order and electronic com- and rounding the HIV infection of thousands of merce businesses; and Whereas, the enforcement division of the people with blood-clotting disorders, such as Whereas, under current federal court deci- Department of Wildlife and Fisheries has hemophilia, a 1995 study, entitled ‘‘HIV and sions, some Internet vendors and other re- performed this responsibility through the the Blood Supply,’’ of the Institute of Medi- mote sellers cannot be legally compelled to years and, in fact, has issued more than cine found a failure of leadership and an in- collect sales and use taxes from consumers eighty-nine percent of the citations issued adequate institutional decisionmaking proc- in other states; and for violations of the Migratory Bird Treaty ess in the system responsible for ensuring Whereas, the difficulties in requiring sales Act, all without the benefit of federal mone- blood safety, concluding that a failure of and use tax collections from remote sellers tary support for its efforts: Therefore, be it leadership led to less than effective donor place local ‘‘main street’’ merchants at an Resolved, That the Louisiana Legislature screening, weak regulatory actions, and in- unfair competitive disadvantage and the does hereby memorialize the U.S. Congress sufficient communication to patients about Internet and Internet vendors should not re- to authorize and appropriate sufficient funds the risk of AIDS; and ceive preferential tax treatment at the ex- to the enforcement division of the Depart- Whereas, It is important for both the fed- pense of such merchants; and ment of Wildlife and Fisheries to enable the eral and state government to halt imme- Whereas, state sales and use tax collec- enforcement of the Migratory Bird Treaty diately the funding of a product or program tions comprise a substantial percentage of Act, and to enable efforts for conservation if they become aware of a risk of infection state revenues; and and protection of the migratory birds re- when using the product and have not in- Whereas, states have the primary responsi- quired by that Act; be it further formed the public; and bility for the delivery of education, public Resolved, That a copy of this Resolution be Whereas, This legislation, named after a safety, transportation, and health and forwarded to the presiding officers of the teenage hemophiliac who died from AIDS, human services; and House of Representatives and the Senate of was enacted to provide financial relief to the Whereas, the projected growth of elec- the U.S. Congress and to each member of the families of hemophiliacs who were dev- tronic commerce transactions will have a Louisiana congressional delegation. astated by the federal government’s policy substantial negative impact on state sales failure in its handling of the AIDS epidemic; and use tax collections; and POM–564. A joint resolution adopted by the and Whereas, the federal Internet Tax Freedom General Assembly of the Commonwealth of Whereas, Although the relief bill has been Act has temporarily limited the states’ abil- Virginia relative to highway rest stops; to enacted into law, Congress has been reluc- ity to design new taxing schemes to keep up the Committee on Appropriations. tant to fund it: Now, therefore, be it with today’s rapidly transforming tech- HOUSE JOINT RESOLUTION NO. 103 Resolved by the Assembly and Senate of the nology-drive economy; and Whereas, it is a well-established fact that State of California, jointly, That the Legisla- Whereas, prior to the end of the morato- driver fatigue is a major factor contributing ture of the State of California respectfully rium period imposed by the Internet Tax to highway accidents; and memorializes the President and the Congress Freedom Act, the United States Congress Whereas, federal law prescribes limits on of the United States to fully fund the Ricky will be charged with the responsibility to de- the number of continuous hours truckers Ray Hemophilia Relief Fund, enacted into cide the future course of taxation of the may drive and the length of time they must law under the Ricky Ray Hemophilia Relief Internet, possibly to the detriment of state rest before driving again; and Fund Act of 1998, so that there is no delay and local governments and traditional ‘‘main Whereas, one of the most convenient places between the authorization and the timely street’’ merchants: Therefore, be it where long-haul truckers could break their appropriation of this relief; and be it further Resolved, That the Louisiana Legislature trip and get the rest they need to operate Resolved, That the President and the Con- does hereby memorialize the United States safely is rest stops along interstate high- gress of the United States are respectfully Congress to consider the needs of state and ways; and urged to withhold the appropriation of funds local governments and local ‘‘main street’’ Whereas, this option is not realistically to programs that have not clearly disclosed retailers when determining a course of ac- open to truckers, because the Common- to the consumer the risks of infection for a tion regarding Internet taxation; be it fur- wealth limits vehicle stays at these rest product the program manufactures or dis- ther stops to no more than two hours; and tributes; and be it further Resolved, That a copy of this Resolution be Whereas, the cost of motel rooms and the Resolved, That the Chief Clerk of the As- transmitted to the presiding officers of the inability of many motel parking lots to ac- sembly transmit copies of this resolution to Senate and the House of Representatives of commodate large tractor-trailer combina- the President and Vice President of the the Congress of the United States of America tions make use of motels an impractical op- United States, to the Speaker of the House S7072 CONGRESSIONAL RECORD — SENATE July 17, 2000 of Representatives, and to each Senator and merly a Senator from the State of Rhode Is- tion and celebrates 100-years of the Na- Representative from California in the Con- land; considered and agreed to. tional Wildlife Refuge System on gress of the United States. f March 14, 2003. The bill commemorates f STATEMENTS ON INTRODUCED the Refuge System by creating a Com- REPORTS OF COMMITTEES BILLS AND JOINT RESOLUTIONS mission that will oversee the Centen- nial anniversary and promote public The following reports of committees By Mr. SMITH of New Hampshire awareness and understanding of the were submitted: (for himself, Mr. BAUCUS, Mr. importance of refuges to our nation. By Mr. MCCAIN, from the Committee on CRAPO, Mr, WARNER, Mr. Additionally, the bill directs the Fish Commerce, Science, and Transportation, GRAHAM, Mr. L. CHAFEE, Mr. and Wildlife Service to prepare a long- with an amendment in the nature of a sub- LIEBERMAN, Mr. REID, Mr. LAU- term plan for the Refuge System that stitute. TENBERG, and Mrs. BOXER): S. 2487: A bill to authorize appropriations will enable the Service to look ahead S. 2878: A bill to commemorate the and determine the future needs and pri- for Fiscal year 2001 for certain maritime pro- centennial of the establishment of the grams of the Department of Transportation orities of the system network. first national wildlife refuge in the (Rept. No. 106–345). This bill celebrates the legacy of our United States on March 14, 1903, and for f national refuge lands, and recognizes other purposes; to the Committee on the tireless efforts of numerous dedi- Environmental and Public Works. INTRODUCTION OF BILLS AND cated individuals from both the private JOINT RESOLUTIONS NATIONAL WILDLIFE REFUGE SYSTEM and public sectors who have worked to The following bills and joint resolu- CENTENNIAL COMMEMORATION ACT OF 2000 preserve this invaluable national herit- tions were introduced, read the first Mr. SMITH of New Hampshire. Mr. age. I encourage my colleagues to show and second times by unanimous con- President, I am proud to come before your support for the National Wildlife sent, and referred as indicated: the Senate today to introduce the ‘‘Na- Refuge System by co-sponsoring this tional Wildlife Refuge System Centen- By Mr. SMITH of New Hampshire : legislation. I ask unanimous consent to S. 2878. A bill to commemorate the centennial Commemoration Act of 2000’’. This print the text of the bill in the appro- landmark bill commemorates the cen- nial of the establishment of the first na- priate place in the RECORD. tennial of the first national wildlife tional wildlife refuge in the United States on There being no objection, the bill was March 14, 1903, and for other purposes; to the refuge in the United States, established ordered to be printed in the RECORD, as Committee on Environment and Public on March 14, 1903, by a great man and follows: Works. conservationist, President Theodore By Ms. COLLINS (for herself, Mr. Roosevelt. By setting aside land at In- S. 2878 BREAUX, Mr. ABRAHAM, Mr. BUNNING, dian River Lagoon on Pelican Island, Be it enacted by the Senate and House of Rep- and Mr. CRAIG): Florida as a haven for birds, President resentatives of the United States of America in S. 2879. A bill to amend the Public Health Congress assembled, Service Act to establish programs and ac- Roosevelt began a conservation legacy tivities to address diabetes in children and known as the National Wildlife Refuge SECTION 1. SHORT TITLE. youth, and for other purposes; to the Com- System. This Act may be cited as the ‘‘National mittee on Health, Education, Labor, and Today, the National Wildlife Refuge Wildlife Refuge System Centennial Com- Pensions. System has evolved into the most commemoration Act of 2000’’. By Mr. CONRAD (for himself and Mr. prehensive system of lands devoted to SEC. 2. FINDINGS. DORGAN): wildlife protection and management in Congress finds that— S. 2880. A bill to provide construction as- the world—spanning nearly 93 million (1) President Theodore Roosevelt began an sistance for a project for a water trans- American wildlife conservation legacy by es- mission line from the Missouri River to the acres across the United States and its tablishing the first national wildlife refuge city of Williston, North Dakota; to the Com- territories. By placing special empha- at Indian River Lagoon on Pelican Island, mittee on Environment and Public Works. sis on conservation, our nation’s net- Florida, on March 14, 1903; By Mr. SMITH of Oregon: work of refuges ensures the continued (2) the National Wildlife Refuge System is S. 2881. A bill to update an existing Bureau protection of our wildlife resources, in- comprised of more than 93,000,000 acres of of Reclamation program by amending the cluding threatened and endangered spe- Federal land managed by the United States Small Reclamation Projects Act of 1956, to cies, and land areas with significant Fish and Wildlife Service in more than 520 establish a partnership program in the Bu- wildlife-oriented recreational, histor- individual refuges and thousands of Water- reau of Reclamation for small reclamation fowl Production Areas located in all 50 projects, and for other purposes; to the Com- ical and cultural value. States and the territories of the United mittee on Energy and Natural Resources. Currently, there are more than 500 States; By Mr. SMITH of Oregon (for himself refuges in the United States and its (3) the System is the only network of Fed- and Mr. WYDEN): territories, providing important habi- eral land that— S. 2882. A bill to authorize Bureau of Rec- tat for 700 bird species, 220 mammal (A) is dedicated singularly to wildlife con- lamation to conduct certain feasibility stud- species, 250 species of amphibians and servation; and ies to augment water supplies for the Klam- reptiles, and over 200 fish species. The (B) has wildlife-dependent recreation and ath Project, Oregon and California, and for Refuge System also hosts some of our environmental education as priority public other purposes; to the Committee on Energy uses; and Natural Resources. country’s premiere fisheries, and serves (4) the System serves a vital role in the By Mr. CRAPO (for himself, Mr. SMITH a vital role in the protection of threat- conservation of millions of migratory birds, of New Hampshire, Mr. HUTCHINSON, ened and endangered species by pre- hundreds of endangered and threatened spe- Mr. CRAIG, Mr. SHELBY, Mr. COVER- serving their critical habitats. cies, some of the premier fisheries of the DELL, Mr. ENZI, Mr. GRAMM, and Mr. Approximately 98 percent of the Ref- United States, marine mammals, and the INHOFE): uge System land is open to the public. habitats on which those species depend; S.J. Res. 50. A joint resolution to dis- Each year, the System attracts more (5)(A) each year the System provides mil- approve a final rule promulgated by the En- than 34 million visitors to participate lions of Americans with opportunities to par- vironmental Protection Agency concerning in a variety of recreational activities ticipate in wildlife-dependent recreation, in- water pollution; to the Committee on Envi- cluding hunting, fishing, and wildlife obser- ronment and Public Works. that include observing and vation; and f photographing wildlife, fishing, hunt- (B) through those activities, Americans de- ing and taking part in system-spon- velop an appreciation for the natural won- SUBMISSION OF CONCURRENT AND sored educational programs. By pro- ders and wildlife heritage of the United SENATE RESOLUTIONS viding the public with an opportunity States; The following concurrent resolutions to participate in these activities, ref- (6) the occasion of the centennial of the beginning of the System, in 2003, presents a and Senate resolutions were read, and uges promote a sense of appreciation for the natural wonders of this nation historic opportunity to enhance natural re- referred (or acted upon), as indicated: source stewardship and expand compatible By Mr. LOTT (for himself and Mr. and emphasize our important role as public enjoyment of the national wildlife ref- DASCHLE): stewards of these lands. uges of the United States; and S. Res. 337. A resolution relative to the The bill that I introduce today marks (7) the United States Fish and Wildlife death of the Honorable John O. Pastore, for- a milestone in the history of conserva- Service— July 17, 2000 CONGRESSIONAL RECORD — SENATE S7073

(A) recognizes that the System has a back- (b) REPORTS TO CONGRESS.— 51 and subchapter III of chapter 53 of title 5, log of unmet critical operations and mainte- (1) ANNUAL REPORTS.—Not later than De- United States Code, relating to classification nance needs; cember 31 of the first calendar year that be- of positions and General Schedule pay rates. (B) has worked to prioritize those needs; gins after the date on which the Commission (B) MAXIMUM RATE OF PAY.—The rate of and holds its initial meeting, and December 31 of pay for the personnel appointed under para- (C) has made efforts to control the extent each calendar year thereafter through 2003, graph (2) shall not exceed the rate payable of the backlog. the Commission shall submit to the Com- for level V of the Executive Schedule under SEC. 3. DEFINITIONS. mittee on Environment and Public Works of section 5316 of title 5, United States Code. In this Act: the Senate and the Committee on Resources (c) TRAVEL EXPENSES.—Each member, the (1) COMMISSION.—The term ‘‘Commission’’ of the House of Representatives a report on Executive Director, and other personnel of means the National Wildlife Refuge System the activities and plans of the Commission. the Commission shall be allowed travel ex- Centennial Commission established by sec- (2) FINAL REPORT.—Not later than Decem- penses, including per diem in lieu of subsist- tion 4. ber 31, 2004, the Commission shall submit to ence, at rates authorized for an employee of (2) SYSTEM.—The term ‘‘System’’ means the Committee on Environment and Public an agency under subchapter I of chapter 57 of the National Wildlife Refuge System estab- Works of the Senate and the Committee on title 5, United States Code, while away from lished by the National Wildlife Refuge Sys- Resources of the House of Representatives a the home or regular place of business of the tem Administration Act of 1966 (16 U.S.C. final report on the activities of the Commis- individual in the performance of the duties 668dd et seq.). sion, including an accounting of all funds re- of the Commission. SEC. 4. ESTABLISHMENT OF COMMISSION. ceived and expended by the Commission. SEC. 8. TERMINATION OF COMMISSION. (a) ESTABLISHMENT.—There is established a SEC. 6. POWERS. (a) DATE.—The Commission shall termi- commission to be known as the ‘‘National (a) MEETINGS.—The Commission may hold nate 90 days after the date on which the Wildlife Refuge System Centennial Commis- such meetings, sit and act at such times and Commission submits the report of the Com- sion’’. places, take such testimony, and receive mission under section 5(b)(2). (b) MEMBERSHIP.—The Commission shall be such evidence as the Commission considers (b) DISPOSITION OF COMMISSION PROPERTY.— composed of the following members: advisable to carry out this Act. (1) MEMORABILIA.—On termination of the (1) The Secretary of the Interior. (b) INFORMATION FROM FEDERAL AGEN- Commission and after consultation with the (2) The Director of the United States Fish CIES.— Archivist of the United States and the Sec- and Wildlife Service. (1) IN GENERAL.—The Commission may se- retary of the Smithsonian Institution, the (3) The Executive Director of the National cure directly from a Federal agency such in- Executive Director may— Fish and Wildlife Foundation established by formation as the Commission considers nec- (A) deposit all books, manuscripts, mis- the National Fish and Wildlife Foundation essary to carry out this Act. cellaneous printed matter, memorabilia, rel- Establishment Act (16 U.S.C. 3701 et seq.). (2) PROVISION OF INFORMATION.—On request ics, and other similar materials of the Com- (4) Up to 10 individuals, recommended by of the Chairperson of the Commission, the mission relating to the centennial of the be- the Secretary of the Interior and appointed head of the agency shall provide the informa- ginning of the System in a Federal, State, or by the President, who— tion to the Commission. local library or museum; or (A) are not officers or employees of the (c) FINANCIAL AND ADMINISTRATIVE SERV- (B) make other disposition of such mate- Federal Government; and ICES.—Subject to subsection (e)(2), the Sec- rials. (B) shall be broadly representative of the retary of the Interior, acting through the Di- (2) OTHER PROPERTY.—The Executive Direc- diverse beneficiaries of the System and have rector of the United States Fish and Wildlife tor may— outstanding knowledge or appreciation of Service, shall provide to the Commission fi- (A) use property that is acquired by the wildlife, fisheries, natural resource manage- nancial and administrative services (includ- Commission and remains on termination of ment, or wildlife-dependent recreation. ing services relating to budgeting, account- the Commission (other than property de- (5) The Chairman and Ranking Member of ing, financial reporting, personnel, and proscribed in paragraph (1)) for the purposes of the Committee on Environment and Public curement). the System; or Works of the Senate and the Chairman and (d) POSTAL SERVICES.—The Commission (B) dispose of such property as excess or Ranking Member of the Committee on Re- may use the United States mails in the same surplus property. sources of the House of Representatives, who manner and under the same conditions as SEC. 9. LONG-TERM PLAN FOR SYSTEM. shall be nonvoting members. other agencies of the Federal Government. (c) TERM; VACANCIES.— After taking into consideration the rec- (e) GIFTS.— (1) TERM.—A member shall be appointed ommendations of the Commission under sec- (1) ACCEPTANCE.—The Commission may ac- for the life of the Commission. tion 5(a)(3), the Secretary of the Interior cept, use, and dispose of gifts or donations of shall develop a long-term plan for the Sys- (2) VACANCIES.—A vacancy on the services or property to carry out this Act. Commission— tem to address— (2) ADMINISTRATION OF FUNDS.—The Na- (A) shall not affect the powers of the Com- (1) the priority staffing and operational tional Fish and Wildlife Foundation shall ad- needs as determined through— mission; and minister, on behalf of the Commission, any (B) shall be filled in the same manner as (A) the refuge operating needs system; and gifts of funds received under paragraph (1) in (B) comprehensive conservation plans for the original appointment was made. accordance with the rules and procedures of (d) INITIAL MEETING.—Not later than 30 refuges required under section 4(e) of the Na- the Foundation. days after the date on which all members of tional Wildlife Refuge System Administra- (f) APPLICABLE LAW.—Federal laws (includ- the Commission have been appointed, the tion Act of 1966 (16 U.S.C. 668dd(e)); Commission shall hold the initial meeting of ing regulations) governing procurement by (2) the priority maintenance and construc- the Commission. Federal agencies shall not apply to the Com- tion needs as identified in the maintenance (e) MEETINGS.—The Commission shall meet mission, except for laws (including regula- management system, the 5-year deferred at the call of the Chairperson. tions) concerning working conditions, wage maintenance list, and the 5-year construc- (f) CHAIRPERSON.—The Secretary of the In- rates, and civil rights. tion list, developed by the Secretary of the terior shall serve as Chairperson of the Com- SEC. 7. COMMISSION PERSONNEL MATTERS. Interior; and mission. (a) COMPENSATION OF MEMBERS.—A member (3) any transition costs as identified by the SEC. 5. DUTIES. of the Commission shall serve without com- Secretary of the Interior in conducting anal- (a) IN GENERAL.—The Commission shall— pensation for the services of the member to yses of newly acquired refuge lands. (1) develop and carry out, in cooperation the Commission. SEC. 10. DESIGNATION OF YEAR OF THE WILD- with Federal, State, local, and nongovern- (b) STAFF.— LIFE REFUGE. mental entities (including public and private (1) EXECUTIVE DIRECTOR.—The Chief of the (a) IN GENERAL.—Congress designates 2003 associations and educational institutions), a National Wildlife Refuge System of the as the ‘‘Year of the Wildlife Refuge’’. plan to commemorate, on March 14, 2003, the United States Fish and Wildlife Service shall (b) PROCLAMATION.—Congress requests the centennial of the beginning of the System; serve as the Executive Director of the Com- President to issue a proclamation calling on (2) provide, in cooperation with the enti- mission. the people of the United States to celebrate ties, host services for conferences on the (2) OTHER PERSONNEL.—The Chairperson of the Year of the Wildlife Refuge with appro- System and assist in the activities of the the Commission may, without regard to the priate ceremonies and programs. conferences; civil service laws (including regulations), ap- SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (3) make recommendations to the Sec- point and terminate such personnel as are There are authorized to be appropriated to retary of the Interior concerning the long- necessary to enable the Commission to per- carry out the activities of the Commission term plan for the System required under sec- form the duties of the Commission. under this Act— tion 9; and (3) COMPENSATION.— (1) $100,000 for fiscal year 2001; and (4) make recommendations to the Sec- (A) IN GENERAL.—Except as provided in (2) $250,000 for each of fiscal years 2002 retary of the Interior concerning measures subparagraph (B), the Chairperson of the through 2004. that can be taken to enhance natural re- Commission may fix the compensation of the sources stewardship and expand compatible personnel appointed under paragraph (2) Mr. BAUCUS. Mr. President, I am public enjoyment of the System. without regard to the provisions of chapter pleased to join Chairman SMITH and S7074 CONGRESSIONAL RECORD — SENATE July 17, 2000 others to introduce the ‘‘National Sixteen million Americans suffer am introducing today, will do just Wildlife Refuge System Centennial from diabetes, and about 800,000 new that. Commemoration Act of 2000.’’ cases are diagnosed each year. It is one One of the most important actions First established by that great con- of our nation’s most costly diseases in we can take is to establish a type I dia- servation leader, President Theodore both human and economic terms. Dia- betes monitoring system. Currently, Roosevelt in 1903, the National Wildlife betes is the leading cause of kidney there is no way to track the incidence Refuge System has grown today to be failure, blindness in adults, and ampu- of type I diabetes across the country. the premier system of reserves for the tations not related to injury. It is a As a consequence, the estimates for the conservation of wildlife habitat and bi- major risk factor for heart disease and number of people with type I diabetes ological diversity in the world. stroke and shortens life expectancy up There are more than 500 refuges to 15 years. Moreover, diabetes costs from the American Diabetes Associa- today, supporting over 1500 vertebrate our nation more than $105 billion a tion, the Juvenile Diabetes Founda- species and thousands of species of year in health-related expenditures. tion, the Centers for Disease Control plants. Open to the public, these ref- More than one out of every ten health and Prevention, and the National Insti- uges are the focal point of thousands of care dollars and about one out of four tutes of Health vary enormously—from visitors each year that participate in Medicare dollars are spent on people 123,000 to over 1.5 million, a 13-fold var- wildlife viewing, photography, hunting, with diabetes. iation. fishing or biking. They are places Unfortunately, there is no method to According to noted epidemiologist where families go to introduce young- prevent or cure diabetes, and available Alex Languimer, ‘‘Good monitoring sters to nature and to teach them the treatments have only limited success does not necessarily ensure the making meaning of stewardship. in controlling its devastating con- of right decisions, but it does reduce In some cases, refuges provide the sequences. The burden of diabetes is the risk of wrong ones.’’ One of the last habitats for endangered species. In particularly heavy for children and best ways to define the prevalence and all cases, the nearly 93 million acres in young adults with type I, or insulin de- incidence of a disease, as well as to the National Wildlife Refuge system pendent diabetes, also known as juve- characterize and study populations, is provide special places for wildlife, fish, nile diabetes. In type I diabetes, the to establish a registry specific to that plants and people. These lands provide immune system attacks the insulin- disease. The bill I am introducing a buffer against ever-increasing devel- producing beta cell in the pancreas and today directs the Secretary of Health opment and are reserved for future gen- destroys them. As a consequence, the and Human Services (HHS), acting pancreas produces little or no insulin. erations to enjoy and learn from. through the Centers for Disease Con- In Montana, we have seven National Juvenile diabetes is the second most trol and Prevention (CDC), to create a Wildlife Refuges including the 2,800 common chronic disease affecting chil- National Registry on Juvenile Diabetes acre Lee Metcalf Refuge, the 15,500 acre dren. Moreover, it is one that they so that we can develop a national data- Bowdoin National Wildlife Refuge in never outgrow. base on type I diabetes, including infor- the Central Flyway, and the National As the founder of the Senate Diabe- mation about incidence and preva- Bison Range, originally set aside to tes Caucus, I have met many children protect the last of the great bison with diabetes who face a daily struggle lence. The Secretary would also be di- herds. to keep their blood glucose levels rected to establish an advisory board of Mr. President, the bill that we are in- under control: kids like nine-year-old epidemiologists, clinicians, ethicists, troducing today will celebrate the last Nathan Reynolds, an active young boy patients and others to help guide this 100 years of the National Wildlife Ref- from North Yarmouth who was Maine’s effort. uge System on Mary 14, 2003. In addi- delegate to the Juvenile Diabetes Obesity and inadequate physical action, the bill establishes a commission Foundation’s Children’s Congress last tivity—both major problems in the to look ahead and plan for the future, year. Nathan was diagnosed with diabe- United States today—are important including a review of the backlog of tes in December of 1997, which forced risk factors for type 2, or non-insulin maintenance needs at our refuges. It is him to change both his life and his dependent diabetes. Unfortunately, my hope that this bill will increase family’s life. He has learned how to obesity is a significant and growing public awareness and understanding of take his blood—something his four- problem among children in the United these national treasures. year-old brother reminds him to do be- States, which has led to a disturbing I encourage my colleagues to support fore every meal—check his blood sugar increase in the incidence of type 2 dia- this bill. level, and give himself an insulin shot betes among young people. This is par- on his own, sometimes with the help of ticularly alarming since type 2 diabe- By Ms. COLLINS (for herself, Mr. his parents or his school nurse. Nathan tes has long been considered an BREAUX, Mr. ABRAHAM, Mr. told me that his greatest wish was ‘‘adult’’ disease. Nearly all of the docu- BUNNING, and Mr. CRAIG) that, just once, he could take a ‘‘day mented cases of type 2 diabetes in S. 2879. A bill to amend the Public off’’ from his diabetes. young people have occurred in obese Health Service Act to establish pro- The sad fact is that children like Na- children, who are also at increased risk grams and activities to address diabe- than with diabetes can never take a for the complications associated with tes in children and youth, and for other day off from their disease. There is no the disease. Moreover, these complica- purposes; to the Committee on Health, holiday from dealing with their diabe- tions will likely develop at an earlier Education, Labor, and Pensions. tes. They face a lifetime of multiple age than if these children had devel- PEDIATRIC DIABETES RESEARCH AND daily finger pricks to check their blood oped type 2 diabetes as adults. PREVENTION ACT sugar levels and daily insulin shots. Ms. COLLINS. Mr. President, today, Moreover, insulin is not a cure for dia- The Pediatric Diabetes Research and on behalf of myself, Senator BREAUX, betes, and it does not prevent the onset Prevention Act will direct the Sec- and Senator ABRAHAM, I am pleased to of serious complications. As a con- retary of HHS to implement a national introduce the Pediatric Diabetes Re- sequence, children like Nathan also public health effort to address type 2 search and Prevention Act. Both Sen- face the possibility of lifelong disabling diabetes among children, including: 1) ator BREAUX and Senator ABRAHAM complications, such as kidney failure enhanced surveillance systems and ex- have been leaders in the fight against and blindness. panded research to better assess the diabetes. Reducing the health and human bur- prevalence of type 2 diabetes in young Our legislation will help us reduce den of diabetes as well as its enormous people and determine the extent to the tremendous toll that diabetes economic impact depends upon identi- which type 2 diabetes is incorrectly di- takes on our Nation’s children and fying the factors responsible for the agnosed as type 1 diabetes among chil- young people. Diabetes is a dev- disease and developing new methods for dren; 2) assistance to States to estab- astating, lifelong condition that affects prevention, better treatment, and ulti- lish coordinated school health pro- people of every age, race, and nation- mately a cure. The Pediatric Diabetes grams and physical activity and nutri- ality. Research and Prevention Act, which I tion demonstration projects to control July 17, 2000 CONGRESSIONAL RECORD — SENATE S7075 weight and to increase physical activ- Mr. CRAIG. Mr. President, I thank limited maintenance to date in part be- ity among school children; and 3) de- the Senator from Maine, and I want to cause the line runs through an area velopment and improvement of labora- recognize her leadership in this area. near the river that has become super- tory methods to assist in diagnosis, In the last couple of years, I have saturated due to the rising water table treatment, and prevention of diabetes. begun to focus my attention on child- behind the dam. As the transmission In addition, the Collins, Breaux, hood type 1 diabetes. What the Senator line continues to age, it has become Abraham legislation calls for long- from Maine is offering today is clearly susceptible to failures, as dem- term studies of persons with type 1 dia- moving us well in advance. onstrated in April 1998. betes at the National Institutes of I ask the Senator to allow me to be On April 8, 1998, maintenance crews Health (NIH) where these individuals a sponsor of her legislation. discovered a major leak in the trans- will be followed for 10 years or more. The Senator’s effort struck a particu- mission line near the water treatment larly loud chord with me, because it These long-term studies will examine plant. City officials immediately alert- was exactly one year ago today that disease manifestations, medical his- ed residents of the problem and im- the Senate and I lost a friend and col- tories, environmental factors, develop- posed water restrictions to essential league, Ken Foss, related to his diabe- ment of complications, and other fac- water uses only. Through an emer- tes. tors. This long-term analysis of type 1 gency declaration, the National Guard This Senate and this Congress should was enlisted to install an overland diabetes will provide an invaluable focus on diabetes, as we have cancer pipeline to help provide temporary basis for the identification of potential and other health areas in our country, water for the city. The high water environmental triggers thought to pre- to move more quickly toward a cure. cipitate the disease. It will also provide The Senator is so right in recog- table from Lake Sakakawea made re- for the delineation of clinical charac- nizing we have already moved a long pairs difficult with extensive pumping teristics or lab measures associated way and there is a great deal known. and dewatering procedures needed to with the complications of diabetes as My rather limited reading suggests locate and fix the broken pipeline. It well as help to identify a potential that the great push forward might well took more than two weeks to make the study population for clinical trials. break us into those areas of remedy, at necessary repairs. If the failure had oc- Type 1 diabetes is considered an least for type 1, and there is a great curred during the winter, repairs and autoimmune disease, which results deal of work going on. My congratula- temporary water service would have when the body’s system for fighting in- tions to the Senator for her leadership been almost impossible to provide. fection turns against a part of the in that area. I stand to help in any way This experience supports the need for body. A variety of promising new ap- I can. Williston to have a second trans- proaches to treatment and prevention Ms. COLLINS. Mr. President, I very mission line from the water treatment of autoimmune responses are currently much appreciate the kind, supportive plant to the city’s water distribution under development. For the most part, words from my colleague. I am very system. however, these studies are conducted in honored to add him as a cosponsor of The bill I am introducing today will adult populations. Moreover, at my bill. authorize the Corps to construct a new present, there is an insufficient infra- transmission line. The city has identi- structure to conduct the clinical trials By Mr. CONRAD (for himself and fied a new route for the line that pro- necessary to take advantage of new Mr. DORGAN): vides improved access, avoids unstable therapeutic approaches. S. 2880. A bill to provide construction site conditions, provides potential serv- The Pediatric Diabetes Research and assistance for a project for a water ice for future industrial sites, while Prevention Act directs the Secretary of transmission line from the Missouri minimizing the length and cost of the HHS, acting through the Director of River to the city of Williston, North new transmission line. the NIH, to support regional clinical Dakota; to the Committee on Environ- Mr. President, I believe the Federal centers for the cure of type 1 diabetes ment and Public Works. government has a responsibility to as- and through these centers, provides CONSTRUCTION ASSISTANCE WATER PROJECT IN sist communities mitigate the adverse for: (1) a population of children appro- WILLISTON, NORTH DAKOTA consequences resulting from the con- priate for study; (2) well-trained clin- THE WILLISTON WATER TRANSMISSION LINE struction of the Garrison Dam and cre- ical scientists able to conduct such Mr. CONRAD. Mr. President, I rise ation of Lake Sakakawea. The Corps of trials; (3) appropriate clinical settings today to introduce legislation to au- Engineers built the Garrison Dam to house these studies; and (4) appro- thorize the Army Corps of Engineers to which resulted in the need for this priate statistical capability, data, safe- construct a new water transmission project, and in my view the Corps ty and other monitoring capacity. line from the Missouri River to the should be responsible for addressing city of Williston. This project is very the unintended consequences of build- And finally, the legislation directs important to the reliability of the ing that dam. This bill will help the the Secretary of HHS to provide for a water supply for the residents of Federal government live up to its re- national effort to develop a vaccine for Williston and is needed to mitigate sponsibility and ensure that the resi- type 1 diabetes. Animal studies suggest long-term consequences from construc- dents of Williston have a reliable water great promise for the development of a tion of the Garrison Dam. supply. I urge my colleagues to review new vaccine to prevent type 1 diabetes The construction of the Garrison this legislation quickly so we can pass in humans. The Pediatric Diabetes Re- Dam and creation of Lake Sakakawea it this year, before there is another dis- search and Prevention Act provides for by the Corps forced the city of ruption to the city’s water supply. a combination of increased efforts in Williston to relocate its water intake research and development of candidate and treatment plant to its present lo- By Mr. SMITH of Oregon (for vaccines, coupled with an enhanced cation approximately five miles up- himself and Mr. WYDEN): ability to conduct large clinical trials stream of the city. As a requirement of S. 2882. A bill to authorize Bureau of in children. the new location, a large-diameter Reclamation to conduct certain feasi- The Pediatric Diabetes Research and transmission line was constructed to bility studies to augment water sup- Prevention Act will help us to better convey the entire city’s water supply plies for the Klamath Project, Oregon understand and ultimately conquer from the treatment plant to the city. and California, and for other purposes; this disease which has had such a dev- All of the water for the city’s resi- to the Committee on Energy and Nat- astating impact on millions of Amer- dents and businesses must flow ural Resources. ican children and their families. I urge through this single transmission line. THE KLAMATH BASIN WATER SUPPLY all of my colleagues to join me in co- As a result, the existing transmission ENHANCEMENT ACT OF 2000 sponsoring this important legislation. line is the only link between the water Mr. SMITH of Oregon. Mr. President, Mr. CRAIG. Mr. President, will the treatment plant and the city’s water today I am introducing legislation, co- Senator yield to me? distribution system. sponsored by my colleague Mr. WYDEN, Ms. COLLINS. I am happy to yield to The existing transmission line has to authorize the Bureau of Reclama- the Senator from Idaho. been in service for nearly 40 years with tion, an agency of the Department of S7076 CONGRESSIONAL RECORD — SENATE July 17, 2000 the Interior, to conduct feasibility concerning water pollution; to the that will accomplish our goal of more studies in the Klamath basin. Committee on Environment and Public clean water more quickly; revoking the The Klamath Project in Oregon and Works. hurriedly completed rule will allow the California is one of the earliest federal DISAPPROVING A FINAL RULE PROMULGATED BY EPA to focus its efforts on a program reclamation projects. The Secretary of THE ENVIRONMENTAL PROTECTION AGENCY that will actually achieve the goals of the Interior authorized development of CONCERNING WATER POLLUTION the Clean Water Act. I urge my col- the project on May 15, 1905, under pro- ∑ Mr. CRAPO. Mr. President, I rise leagues to join me in opposing the visions of the Reclamation Act of 1902. today to introduce a joint resolution, EPA’s efforts to circumvent Congress The project irrigates over 200,000 acres co-sponsored by Senators BOB SMITH, and encouraging it to develop an effec- of farmland in south-central Oregon HUTCHINSON, CRAIG, SHELBY, COVER- tive proposal in collaboration with the and north-central California. The two DELL, ENZI, GRAMM, and INHOFE, revok- public.∑ main sources of water supply for the ing the Environmental Protection project are Upper Klamath Lake and Agency’s (EPA) rule on Total Max- f the Klamath River, as well as Clear imum Daily Loads under the Clean ADDITIONAL COSPONSORS Lake Reservoir, Gerber Reservoir, and Water Act. Lost River, which are located in a I strongly support the EPA’s goal of S. 74 closed basin. The total drainage area is cleaning up our nation’s water bodies At the request of Mr. DASCHLE, the approximately 5,700 square miles. The but disagree with its approach. We name of the Senator from Montana Klamath River is subject to an inter- must accelerate cleanup of our rivers, (Mr. BAUCUS) was added as a cosponsor state compact between the States of lakes, and streams; unfortunately, the of S. 74, a bill to amend the Fair Labor Oregon and California. EPA’s rule will not accomplish that Standards Act of 1938 to provide more There are also several wildlife ref- goal. In fact, the EPA’s hastily com- effective remedies to victims of dis- uges in the basin that are an important pleted rule will divert billions of dol- crimination in the payment of wages part of the western flyway. There are lars from programs that are working to on the basis of sex, and for other pur- listed suckers in Upper Klamath Lake an unreasonable, prohibitively-expen- poses. that require the lake to be maintained sive, and technically-unworkable pro- S. 85 at certain levels throughout the sum- gram. At the request of Mr. BUNNING, the mer. There are also salmon in the Since the EPA’s draft TMDL rule was names of the Senator from Arizona Klamath River for which federal agen- first published in August 1999, many (Mr. KYL) and the Senator from Illinois cies are seeking additional flow. It is stakeholders including states, indus- (Mr. FITZGERALD) were added as co- my understanding that there will be try, environmental organizations, the sponsors of S. 85, a bill to amend the significant additional flow require- public, and Congress have all raised se- Internal Revenue Code of 1986 to reduce ments next year. rious concerns. The EPA received over the tax on vaccines to 25 cents per The Upper Basin has not been adju- 34,000 public comments, most over- dose. dicated by the State of Oregon, which whelmingly in opposition to the rule. S. 555 is trying to use an alternative process Twenty public forums were conducted; At the request of Mr. DEWINE, the to formal adjudication. The tribes in again, sentiments ran overwhelmingly name of the Senator from Maine (Ms. the basin are also seeking a resolution in opposition to the EPA’s rule. Twelve SNOWE) was added as a cosponsor of S. of their water rights claims. congressional hearings were held, re- 555, a bill to amend title 38, United In recent years, there has been grow- vealing that the proposal is unreason- States Code, to authorize the Secretary ing concern about meeting the com- able and unworkable. The National of Veterans Affairs to continue pay- peting needs of various water uses in Governors’ Association denounced the ment of monthly educational assist- the Basin, including the needs of the rule as an inflexible, unfunded mandate ance benefits to veterans enrolled at farmers, the fish, the tribes and the that will eliminate opportunities to re- educational institutions during periods wildlife refuges. There is a consensus in duce overall pollution. In a May 19 let- between terms if the interval between the basin about the need to increase ter, six environmental groups urged such periods does not exceed eight overall water supplies in order to meet the EPA to ‘‘withdraw the current weeks. version of the proposed rule, which is these growing needs and enhance the S. 1016 so fundamentally flawed that it would environment. At the request of Mr. DEWINE, the The bill I am introducing today is an weaken the existing TMDL program.’’ name of the Senator from Massachu- effort to build on this consensus. I have When it became clear that the EPA setts (Mr. KENNEDY) was added as a co- was ignoring concerns and proceeding discussed the concepts in this bill with sponsor of S. 1016, a bill to provide col- to fast-track its rule, even in the fact a number of the stakeholders in the lective bargaining for rights for public of such serious opposition, Congress, Upper Basin, and I am committed to a safety officers employed by States or rightly, exercised its oversight respon- legislative process that will consider their political subdivisions. the views of the various interest groups sibility by including specific language S. 1020 in the basin. I know that there will be in the Fiscal Year 2001 Military Con- At the request of Mr. GRASSLEY, the other issues that stakeholders will struction Supplemental Appropriations name of the Senator from Maine (Ms. want considered, and I will endeavor to bill to prevent finalization of the rule. SNOWE) was added as a cosponsor of S. do so. Similar language was also passed by I believe it is vitally important, how- the House in the FY 2001 VA–HUM- 1020, a bill to amend chapter 1 of title ever, that we take the first step to en- Independent Agencies Appropriations 9, United States Code, to provide for able the Department of the Interior to bill. In clear defiance of Congress, the greater fairness in the arbitration study ways to improve both the water EPA promulgated the rule on July 11, process relating to motor vehicle fran- quality and the water quantity in the 2000. chise contracts. Upper Klamath basin. There is signifi- The Congressional Review Act, 5 S. 1109 cant private irrigation in the Upper U.S.C. 801–808 provides for expedited At the request of Mr. MCCONNELL, Basin as well, and I am committed to a congressional review of agency rule- the name of the Senator from Pennsyl- process that includes these water users making; specially, Section 802 provides vania (Mr. SPECTER) was added as a co- as well. a legislative procedure by which Con- sponsor of S. 1109, a bill to conserve gress can disapprove an agency’s rule. global bear populations by prohibiting By Mr. CRAPO (for himself, Mr. This congressional review statute was the importation, exportation, and SMITH of New Hampshire, Mr. approved in the 104th Congress for situ- interstate trade of bear viscera and HUTCHINSON, Mr. CRAIG, Mr. ations just such as this to reserve to items, products, or substances con- SHELBY, Mr. COVERDELL, Mr. Congress a mechanism for exercising taining, or labeled or advertised as con- ENZI, Mr. GRAMM, and Mr. its agency oversight responsibility. taining, bear viscera, and for other pur- INHOFE): It is important that we work to de- poses. S.J. Res. 50. A joint resolution to dis- velop a program that will enhance, not S. 1322 approve a final rule promulgated by hinder, our cleanup efforts. Repeatedly, At the request of Mr. DASCHLE, the the Environmental Protection Agency the EPA was urged to repropose a rule name of the Senator from Washington July 17, 2000 CONGRESSIONAL RECORD — SENATE S7077 (Mrs. MURRAY) was added as a cospon- tutes of Health of an experimental proof S. 2709, to establish a Beef Industry sor of S. 1322, a bill to prohibit health gram to stimulate competitive re- Compensation Trust Fund with the du- insurance and employment discrimina- search. ties imposed on products of countries tion against individuals and their fam- S. 2408 that fail to comply with certain WTO ily members on the basis of predictive At the request of Mr. BINGAMAN, the dispute resolution decisions. genetic information or genetic serv- names of the Senator from Nevada (Mr. S. 2725 ices. REID), the Senator from Wyoming (Mr. At the request of Mr. SMITH of New S. 1571 ENZI) and the Senator from Alaska Hampshire, the name of the Senator At the request of Mr. JEFFORDS, the (Mr. STEVENS) were added as cospon- from Rhode Island (Mr. REED) was name of the Senator from Maine (Ms. sors of S. 2408, a bill to authorize the added as a cosponsor of S. 2725, a bill to COLLINS) was added as a cosponsor of President to award a gold medal on be- provide for a system of sanctuaries for S. 1571, a bill to amend title 38, United half of the Congress to the Navajo Code chimpanzees that have been designated States Code, to provide for permanent Talkers in recognition of their con- as being no longer needed in research eligibility of former members of the tributions to the Nation. conducted or supported by the Public Selected Reserve for veterans housing S. 2591 Health Service, and for other purposes. loans. At the request of Mr. JEFFORDS, the S. 2739 S. 1592 name of the Senator from Hawaii (Mr. At the request of Mr. LAUTENBERG, At the request of Mr. DURBIN, the INOUYE) was added as a cosponsor of S. the names of the Senator from Wis- name of the Senator from South Da- 2591, a bill to amend the Internal Rev- consin (Mr. FEINGOLD) and the Senator kota (Mr. JOHNSON) was added as a co- enue Code of 1986 to allow tax credits from Connecticut (Mr. DODD) were sponsor of S. 1592, a bill to amend the for alternative fuel vehicles and retail added as cosponsors of S. 2739, a bill to Nicaraguan Adjustment and Central sale of alternative fuels, and for other amend title 39, United States Code, to American Relief Act to provide to cer- purposes. provide for the issuance of a semipostal tain nationals of El Salvador, Guate- S. 2609 stamp in order to afford the public a mala, Honduras, and Haiti an oppor- At the request of Mr. CRAIG, the convenient way to contribute to fund- tunity to apply for adjustment of sta- name of the Senator from Montana ing for the establishment of the World tus under that Act, and for other pur- (Mr. BURNS) was added as a cosponsor War II Memorial. poses. of S. 2609, a bill to amend the Pittman- S. 2743 S. 2061 Robertson Wildlife Restoration Act and At the request of Mr. KENNEDY, the At the request of Mr. BIDEN, the the Dingell-Johnson Sport Fish Res- name of the Senator from New Mexico names of the Senator from North Caro- toration Act to enhance the funds (Mr. BINGAMAN) was added as a cospon- lina (Mr. EDWARDS) and the Senator available for grants to States for fish sor of S. 2743, a bill to amend the Pub- from Georgia (Mr. CLELAND) were and wildlife conservation projects, and lic Heath Service Act to develop an in- added as cosponsors of S. 2061, a bill to to increase opportunities for rec- frastructure for creating a national establish a crime prevention and com- reational hunting, bow hunting, trap- voluntary reporting system to contin- puter education initiative. ping, archery, and fishing, by elimi- ually reduce medical errors and im- S. 2217 nating chances for waste, fraud, abuse, prove patient safety to ensure that in- At the request of Mr. CAMPBELL, the maladministration, and unauthorized dividuals receive high quality health name of the Senator from Vermont expenditures for administration and care. (Mr. JEFFORDS) was added as a cospon- implementation of those Acts, and for S. 2829 sor of S. 2217, a bill to require the Sec- other purposes. At the request of Mr. HUTCHINSON, retary of the Treasury to mint coins in S. 2690 the name of the Senator from New commemoration of the National Mu- At the request of Mr. LEAHY, the Hampshire (Mr. SMITH) was added as a seum of the American Indian of the names of the Senator from Connecticut cosponsor of S. 2829, a bill to provide of Smithsonian Institution, and for other (Mr. DODD) and the Senator from Cali- an investigation and audit at the De- purposes. fornia (Mrs. BOXER) were added as co- partment of Education. S. 2274 sponsors of S. 2690, a bill to reduce the S. 2842 At the request of Mr. GRASSLEY, the risk that innocent persons may be exe- At the request of Mr. REID, the name name of the Senator from Tennessee cuted, and for other purposes. of the Senator from Nevada (Mr. (Mr. FRIST) was added as a cosponsor of S. 2700 BRYAN) was added as a cosponsor of S. S. 2274, a bill to amend title XIX of the At the request of Mr. L. CHAFEE, the 2842, a bill to direct the Secretary of Social Security Act to provide families names of the Senator from Hawaii (Mr. Agriculture to convey certain land to and disabled children with the oppor- INOUYE) and the Senator from Indiana Lander County, Nevada, for continued tunity to purchase coverage under the (Mr. BAYH) were added as cosponsors of use as a cemetery. medicaid program for such children. S. 2700, a bill to amend the Comprehen- S. 2868 S. 2288 sive Environmental Response, Com- At the request of Mr. FRIST, the At the request of Mr. ABRAHAM, the pensation, and Liability Act of 1980 to name of the Senator from Wyoming name of the Senator from South Da- promote the cleanup and reuse of (Mr. ENZI) was added as a cosponsor of kota (Mr. JOHNSON) was added as a co- brownfields, to provide financial assist- S. 2868, a bill to amend the Public sponsor of S. 2288, a bill to amend the ance for brownfields revitalization, to Health Service Act with respect to Internal Revenue Code of 1986 and the enhance State response programs, and children’s health. Social Security Act to repeal provi- for other purposes. S.J. RES. 48 sions relating to the State enforcement S. 2703 At the request of Mr. CAMPBELL, the of child support obligations and the At the request of Mr. AKAKA, the names of the Senator from Massachu- disbursement of such support and to re- name of the Senator from Massachu- setts (Mr. KENNEDY), the Senator from quire the Internal Revenue service to setts (Mr. KENNEDY) was added as a co- Louisiana (Ms. LANDRIEU), the Senator collect and disburse such support sponsor of S. 2703, a bill to amend the from Illinois (Mr. DURBIN), the Senator through wage withholding and other provisions of title 39, United States from Ohio (Mr. VOINOVICH), the Senator means. Code, relating to the manner in which from Montana (Mr. BAUCUS) , the Sen- S. 2358 pay policies and schedules and fringe ator from Nevada (Mr. REID), the Sen- At the request of Mr. INHOFE, the benefit programs for postmasters are ator from New York (Mr. MOYNIHAN), name of the Senator from South Caro- established. the Senator from Minnesota (Mr. lina (Mr. THURMOND) was added as a co- S. 2709 WELLSTONE), the Senator from Mis- sponsor of S. 2358, a bill to amend the At the request of Mr. BAUCUS, the sissippi (Mr. COCHRAN), the Senator Public Health Service Act with respect name of the Senator from Wyoming from New Mexico (Mr. BINGAMAN), the to the operation by the National Insti- (Mr. THOMAS) was added as a cosponsor Senator from Arizona (Mr. MCCAIN), S7078 CONGRESSIONAL RECORD — SENATE July 17, 2000 the Senator from Indiana (Mr. LUGAR) ment No. 3845 proposed to H.R. 4810, a kota (Mr. DASCHLE) was added as a co- and the Senator from Mississippi (Mr. bill to provide for reconciliation pursu- sponsor of amendment No. 3877 pro- LOTT) were added as cosponsors of ant to section 103(a)(1) of the concur- posed to H.R. 4810, a bill to provide for S.J.Res. 48, a joint resolution calling rent resolution on the budget for fiscal reconciliation pursuant to section upon the President to issue a procla- year 2001. 103(a)(1) of the concurrent resolution mation recognizing the 25th anniver- AMENDMENT NO. 3848 on the budget for fiscal year 2001. sary of the Helsinki Final Act. At the request of Mr. KENNEDY, the At the request of Mr. JOHNSON, his S. RES. 294 name of the Senator from New Mexico name was added as a cosponsor of amendment No. 3877 proposed to H.R. At the request of Mr. ABRAHAM, the (Mr. BINGAMAN) was added as a cospon- names of the Senator from Oklahoma sor of amendment No. 3848 proposed to 4810, supra. (Mr. NICKLES) and the Senator from H.R. 4810, a bill to provide for reconcili- f Massachusetts (Mr. KENNEDY) were ation pursuant to section 103(a)(1) of SENATE RESOLUTION 337—REL- added as cosponsors of S.Res. 294, a res- the concurrent resolution on the budg- ATIVE TO THE DEATH OF THE olution designating the month of Octo- et for fiscal year 2001. HONORABLE JOHN O. PASTORE, ber 2000 as ‘‘Children’s Internet Safety AMENDMENT NO. 3849 FORMERLY A SENATOR FROM Month.’’ At the request of Mr. JOHNSON, his THE STATE OF RHODE ISLAND S. RES. 301 name was added as a cosponsor of By Mr. LOTT (for himself and Mr. At the request of Mr. SANTORUM, his amendment No. 3849 proposed to H.R. DASCHLE) submitted the following reso- name was added as a cosponsor of S. 4810, a bill to provide for reconciliation lution; which was considered and Res. 301, a resolution designating Au- pursuant to section 103(a)(1) of the con- agreed to: gust 16, 2000, as ‘‘National Airborne current resolution on the budget for S. RES. 337 Day.’’ fiscal year 2001. Resolved, That the Senate has heard with S. RES. 304 AMENDMENT NO. 3853 profound sorrow and deep regret the an- At the request of Mr. BIDEN, the At the request of Mr. ROBB, the name nouncement of the death of the Honorable names of the Senator from Mississippi of the Senator from Nevada (Mr. John O. Pastore, formerly a Senator from (Mr. COCHRAN) and the Senator from the State of Rhode Island. BRYAN) was added as a cosponsor of Resolved, That the Secretary of the Senate Maryland (Mr. SARBANES) were added amendment No. 3853 proposed to H.R. communicate these resolutions to the House as cosponsors of S.Res. 304, a resolution 4810, a bill to provide for reconciliation of Representatives and transmit an enrolled expressing the sense of the Senate re- pursuant to section 103(a)(1) of the con- copy thereof to the family of the deceased. garding the development of edu- current resolution on the budget for Resolved, That when the Senate adjourns cational programs on veterans’ con- fiscal year 2001. today, it stand adjourned as a further mark tributions to the country and the des- of respect to the memory of the deceased AMENDMENT NO. 3855 Senator. ignation of the week that includes Vet- At the request of Mr. TORRICELLI, the Mr. LOTT. Mr. President, tonight, as erans Day as ‘‘National Veterans name of the Senator from North Caro- Awareness Week’’ for the presentation we adjourn, we do so in memory of lina (Mr. HELMS) was added as a co- of such educational programs. John O. Pastore, who served the people sponsor of amendment No. 3855 proof Rhode Island here in the Senate AMENDMENT NO. 3457 posed to H.R. 4810, a bill to provide for from 1950 to 1976. At the request of Mr. LEVIN, the reconciliation pursuant to section Senator Pastore’s life was in many name of the Senator from Massachu- 103(a)(1) of the concurrent resolution ways a realization of the American setts (Mr. KENNEDY) was added as a co- on the budget for fiscal year 2001. dream—characterized by humble begin- sponsor of amendment No. 3457 in- AMENDMENT NO. 3860 nings, hard work, opportunity, and ac- tended to be proposed to S. 2536, an At the request of Mr. CLELAND, the complishment. His father was an immi- original bill making appropriations for name of the Senator from South Da- grant tailor who passed away when Agriculture, Rural Development, Food kota (Mr. JOHNSON) was added as a co- John was a young boy. From that time and Drug Administration, and Related sponsor of amendment No. 3860 pro- on, he and his four siblings were reared Agencies programs for the fiscal year posed to H.R. 4810, a bill to provide for by their mother, who supported the ending September 30, 2001, and for reconciliation pursuant to section family as a seamstress. other purposes. 103(a)(1) of the concurrent resolution Senator Pastore earned his law de- AMENDMENT NO. 3798 on the budget for fiscal year 2001. gree from Northeastern University, At the request of Mr. REED, the through evening classes the school of- AMENDMENT NO. 3863 names of the Senator from Massachu- fered at the Providence YMCA. The At the request of Mr. JOHNSON, his setts (Mr. KENNEDY) and the Senator family home was his first law office. name was added as a cosponsor of from New York (Mr. SCHUMER) were Senator Pastore, was initially elect- added as cosponsors of amendment No. amendment No. 3863 proposed to H.R. ed to office in 1934, when he became a 3798 proposed to H .R. 4578, a bill mak- 4810, a bill to provide for reconciliation Member of the Rhode Island House of ing appropriations for the Department pursuant to section 103(a)(1) of the con- Representatives. He subsequently of the Interior and related agencies for current resolution on the budget for served as assistant state attorney gen- the fiscal year ending September 30, fiscal year 2001. eral, lieutenant governor, and in 1945 2001, and for other purposes. AMENDMENT NO. 3874 became governor when his predecessor resigned for another office. Senator AMENDMENT NO. 3811 At the request of Mr. JOHNSON, his Pastore was then elected to two terms At the request of Mr. LIEBERMAN, the name was added as a cosponsor of amendment No. 3874 proposed to H.R. in his own right. names of the Senator from Vermont In 1950, he was elected to the U.S. (Mr. JEFFORDS) and the Senator from 4810, a bill to provide for reconciliation pursuant to section 103(a)(1) of the con- Senate to fill a vacant seat. Two years New Jersey (Mr. TORRICELLI) were later, he won the first of four full added as cosponsors of amendment No. current resolution on the budget for fiscal year 2001. terms in this institution. He never lost 3811 proposed to H.R. 4578, a bill mak- an election. AMENDMENT NO. 3876 ing appropriations for the Department Many individuals have passed of the Interior and related agencies for At the request of Mr. JOHNSON, his through the doors of this great cham- the fiscal year ending September 30, name was added as a cosponsor of ber, and each has left a unique imprint. 2001, and for other purposes. amendment No. 3876 proposed to H.R. Senators for years to come will think At the request of Ms. SNOWE, her 4810, a bill to provide for reconciliation of John Pastore whenever the ‘‘Pastore name was added as a cosponsor of pursuant to section 103(a)(1) of the con- rule’’, relating to germaneness of de- amendment No. 3811 proposed to H.R. current resolution on the budget for bate, is invoked. 4578, supra. fiscal year 2001. Senator Pastore will be remembered AMENDMENT NO. 3845 AMENDMENT NO. 3877 in the United States Senate as a serv- At the request of Mr. ROBB, his name At the request of Mr. DORGAN, the ant of the people and a man committed was added as a cosponsor of amend- name of the Senator from South Da- to his beliefs. July 17, 2000 CONGRESSIONAL RECORD — SENATE S7079 Today, the thoughts and prayers of given the term in section 2 of the Federal In- on the budget for fiscal year 2001; as the Senate are with his family and his secticide, Fungicide, and Rodenticide Act (7 follows: constituents. U.S.C. 136). At the appropriate place, insert the fol- (b) PROHIBITION ON USE OF FUNDS.—None of f lowing: the funds appropriated under this Act may SEC. ll. EXPANSION OF ADOPTION CREDIT. be used for the application of a pesticide that AMENDMENTS SUBMITTED (a) SPECIAL NEEDS ADOPTION.— is not approved for use by the Environmental (1) CREDIT AMOUNT.—Paragraph (1) of sec- Protection Agency in any area owned or tion 23(a) of the Internal Revenue Code of DEPARTMENT OF THE INTERIOR managed by the Department of the Interior 1986 (relating to allowance of credit) is AND RELATED AGENCIES APPRO- that may be used by children, including any amended to read as follows: national park. PRIATIONS ACT, 2001 ‘‘(1) IN GENERAL.—In the case of an indi- (c) COORDINATION.—The Secretary of the vidual, there shall be allowed as a credit Interior shall coordinate with the Adminis- against the tax imposed by this chapter— trator of the Environmental Protection ‘‘(A) in the case of a special needs adop- BRYAN (AND FITZGERALD) Agency to ensure that the methods of pest AMENDMENT NO. 3883 tion, $10,000, or control used by the Department of the Inte- ‘‘(B) in the case of any other adoption, the Mr. BRYAN (for himself and Mr. rior do not lead to unacceptable exposure of amount of the qualified adoption expenses FITZGERALD) proposed an amendment children to pesticides. paid or incurred by the taxpayer.’’. to the bill (H.R. 4578) making appro- (2) YEAR CREDIT ALLOWED.—Section 23(a)(2) priations for the Department of the In- BINGAMAN AMENDMENT NO. 3887 of such Code (relating to year credit allowed) is amended by adding at the end the fol- terior and related agencies for the fis- Mr. REID (for Mr. BINGAMAN) pro- cal year ending September 30, 2001, and lowing new flush sentence: posed an amendment to the bill, H.R. ‘‘In the case of a special needs adoption, the for other purposes; as follows: 4578, supra; as follows: credit allowed under paragraph (1) shall be On page 164, line 19, strike ‘‘$1,233,824,000,’’ On page 163, after line 23, add the fol- allowed for the taxable year in which the and insert ‘‘$1,203,824,000,’’. lowing: adoption becomes final.’’. On page 164, line 23, strike ‘‘(16 U.S.C. SEC. . (a) FINDINGS.—The Senate makes (3) DOLLAR LIMITATION.—Section 23(b)(1) of 460l6a(i)):’’ and insert ‘‘(16 U.S.C. 460l6a(i)), of the following findings: such Code is amended— which $220,844,000’’ shall be available for for- (1) in 1990, pursuant to the Indian Self De- (A) by striking ‘‘subsection (a)’’ and insert- est products:’’. termination and Education Assistance Act ing ‘‘subsection (a)(1)(B)’’, and On page 165, beginning on line 6, strike (ISDEA), 25 U.S.C. et seq., a class action law- (B) by striking ‘‘($6,000, in the case of a ‘‘Provided’’ and all that follows through ‘‘ac- suit was filed by Indian tribal contractors child with special needs)’’. complishment:’’ on lines 11 and 12. and tribal consortia against the United (4) DEFINITION OF SPECIAL NEEDS ADOP- On page 165, line 25, strike ‘‘$618,500,000, to States, the Secretary of the Interior and oth- TION.—Section 23(d) of such Code (relating to remain available until expended:’’ and insert ers seeking redress for failure to fully pay definitions) is amended by adding at the end ‘‘$633,500,000, to remain available until ex- for indirect contract support costs (Ramah the following new paragraph: pended, of which $419,593,000 shall be avail- Navajo Chapter v. Babbitt, 112 F.3d 1455 (10th ‘‘(4) SPECIAL NEEDS ADOPTION.—The term able for preparedness and fire use func- Cir. 1997)); ‘special needs adoption’ means the final tions:’’. (2) the parties negotiated a partial settle- adoption of an individual during the taxable ment of the claim totaling $76,200,000 which year who is an eligible child and who is a NICKLES AMENDMENT NO. 3884 was approved by the court on May 14, 1999; child with special needs.’’. Mr. NICKLES proposed an amend- (3) the partial settlement was paid by the (5) DEFINITION OF CHILD WITH SPECIAL United States on September 14, 1999, in the NEEDS.—Section 23(d)(3) of such Code (defin- ment to the bill, H.R. 4578, supra; as amount of $82,000,000; ing child with special needs) is amended to follows: (4) the Judgment Fund, 31 U.S.C. 1304, was read as follows: At the appropriate place, add the fol- established to pay for legal judgments ‘‘(3) CHILD WITH SPECIAL NEEDS.—The term lowing: awarded to plaintiffs who have filed suit ‘child with special needs’ means any child if SEC. . FUNDING FOR NATIONAL MONUMENTS. against the United States; a State has determined that the child’s eth- Notwithstanding any other provision of (5) the Contract Disputes Act of 1978 re- nic background, age, membership in a minor- law, no funds shall be used to establish or ex- quires that the Judgment Fund be reim- ity or sibling groups, medical condition or pand a national monument under the Act of bursed by the responsible agency following physical impairment, or emotional handicap June 8, 1906 (16 U.S.C. 431 et seq.) after July the payment of an award from the Fund; makes some form of adoption assistance nec- 17, 2000, except by Act of Congress. (6) because the potential exists that Indian essary.’’. program funds in the Bureau of Indian Af- (b) INCREASE IN INCOME LIMITATIONS.—Sec- tion 23(b)(2) of the Internal Revenue Code of BOXER AMENDMENT NO. 3885 fairs (BIA) and the Indian Health Service (IHS) would be used in Fiscal Year 2001 to re- 1986 (relating to income limitation) is (Ordered to lie on the table.) imburse the Judgment Fund, resulting in amended — Mr. REID (for Mrs. BOXER) proposed significant financial and administrative dis- (1) in subparagraph (A)— an amendment to the bill, H.R. 4578, ruptions in the BIA, the IHS, and the Indian (A) by striking ‘‘$75,000’’ and inserting supra; as follows: tribes who rely on such funds. ‘‘$63,550 ($105,950 in the case of a joint re- (b) SENSE OF THE SENATE.—It is the sense turn)’’, and At the appropriate place insert the fol- of the Senate that— (B) by striking ‘‘$40,000’’ and inserting ‘‘the lowing: (1) the Secretary of the Interior and the applicable amount’’, and None of the funds appropriated under this Secretary of the Department of Health and (2) by adding at the end the following new Act may be used for the preventive applica- Human Services should declare Indian pro- subparagraph: tion of a pesticide containing a known or gram funds unavailable for purposes of reim- ‘‘(C) APPLICABLE AMOUNT.—For purposes of probable carcinogen, a category I or II acute bursing the judgment fund; and subparagraph (A), the applicable amount, nerve toxin or a pesticide of the (2) if the Secretary of the Interior and the with respect to any taxpayer, for the taxable organophospate, carbamate, or organo- chlo- Secretary of the Department of Health and year shall be an amount equal to the excess rine class as identified by the Environmental Human Services determines that there are of— Protection Agency in National Parks in any no other available funds, the agencies ‘‘(i) the maximum taxable income amount area where children may be present. through the Administration should seek an for the 31 percent bracket under the table appropriation of funds from Congress to pro- contained in section 1 relating to such tax- BOND AMENDMENT NO. 3886 vide for reimbursement of the judgment payer and in effect for the taxable year, over ‘‘(ii) the dollar amount in effect with re- Mr. GORTON (for Mr. BOND) proposed fund. spect to the taxpayer for the taxable year an amendment to the amendment pro- under subparagraph (A)(i). posed by Mrs. BOXER to the bill, H.R. MARRIAGE TAX PENALTY RELIEF ‘‘(D) COST-OF-LIVING ADJUSTMENT.— 4578, supra; as follows: RECONCILIATION ACT OF 2000 ‘‘(i) IN GENERAL.—In the case of a taxable In lieu of the matter proposed to be in- year beginning after 2001, each dollar serted, insert the following: amount under subparagraph (A)(i) shall be SEC. ll. PROHIBITION ON USE OF FUNDS FOR LANDRIEU AMENDMENT NO. 3888 increased by an amount equal to— ‘‘(I) such dollar amount, multiplied by APPLICATION OF UNAPPROVED PES- Ms. LANDRIEU proposed an amend- TICIDES IN CERTAIN AREAS THAT ‘‘(II) the cost-of-living adjustment deter- MAY BE USED BY CHILDREN. ment to the bill (H.R. 4810) to provide mined under section 1(f )(3) for the calendar (a) DEFINITION OF PESTICIDE.—In this sec- for reconciliation pursuant to section year in which the taxable year begins, deter- tion, the term ‘‘pesticide’’ has the meaning 103(a)(1) of the concurrent resolution mined by substituting ‘calendar year 2000’ S7080 CONGRESSIONAL RECORD — SENATE July 17, 2000 for ‘calendar year 1992’ in subparagraph (B) LANDRIEU (AND BREAUX) At the end of title I, add the following: thereof. AMENDMENTS NOS. 3894–3895 ‘‘SEC. . CLARIFICATION OF TERMS OF CONVEY- ‘‘(ii) ROUNDING RULES.—If any amount after ANCE TO NYE COUNTY, NEVADA. adjustment under clause (i) is not a multiple Mr. ROTH (for Ms. LANDRIEU (for her- ‘‘Section 132 of the Department of the Inte- of $1,000, such amount shall be rounded to self and Mr. BREAUX)) proposed two rior and Related Agencies Appropriations the next lower multiple of $1,000.’’. amendments to the bill, H.R. 4578, Act, 2000 (113 Stat. 1535, 1501A–165), is amend- (c) ADOPTION CREDIT MADE PERMANENT.— supra: as follows: ed by striking paragraph (1) and inserting Subclauses (A) and (B) of section 23(d)(2) of AMENDMENT NO. 3894 the following: the Internal Revenue Code of 1986 (defining On page 125, line 25, after $58,209,000,’’ in- ‘‘(1) CONVEYANCE.— eligible child) are amended to read as fol- sert ‘‘of which not less than $500,000 shall be ‘‘(A) IN GENERAL.—The Secretary shall con- lows: used to develop a preservation plan for the vey to the County, subject to valid existing ‘‘(A) who has not attained age 18, or Cane River National Heritage Area, Lou- rights, all right, title, and interest in and to ‘‘(B) who is physically or mentally incapa- isiana, and’’. the parcels of public land described in para- ble of caring for himself.’’. graph (2). (d) CONFORMING AMENDMENTS.— AMENDMENT NO. 3895 ‘‘(B) PRICE.—The conveyance under para- (1) Section 23(a)(2) of the Internal Revenue On page 126, line 2, before the period at the graph (1) shall be made at a price determined Code of 1986 is amended by striking ‘‘(1)’’ and end, insert ‘‘, and of which $250,000 shall be to be appropriate for the conveyance of land inserting ‘‘(1)(B)’’. available to the National Center for Preser- for educational facilities under the Act of (2) Section 23(b)(3) of such Code is amended vation Technology and Training for the de- June 14, 1926 (commonly known as the by striking ‘‘(a)’’ each place it appears and velopment of a model for heritage education ‘‘Recreation and Public Purposes Act’’) (43 inserting ‘‘(a)(1)(B)’’. through distance learning’’. U.S.C. 869 et seq.).’’. (e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable FEINSTEIN AMENDMENT NO. 3896 EDWARDS AMENDMENTS NOS. 3901– years beginning after December 31, 2000. Mr. ROTH (for Mrs. FEINSTEIN) pro- 3902 posed an amendment to the bill, H.R. Mr. ROTH (for Mr. EDWARDS) pro- ASHCROFT AMENDMENT NO. 3889 4578, supra; as follows: posed two amendments to the bill, H.R. Mr. ROTH (for Mr. ASHCROFT) pro- On page 165, at the end of line 25 colon, in- 4578, supra; as follows: sert: ‘‘of which not less than $2,400,000 shall posed an amendment to the bill, H.R. AMENDMENT NO. 3901 be made available for fuels reduction activi- 4578, supra; as follows: ties at Sequoia National Monument. On page 164, line 23 of the bill, immediately On page 164, line 23, strike ‘‘6a(i):’’ and in- preceding the ‘‘:’’ insert ‘‘and of which not less than an additional $500,000 shall be sert ‘‘6a(i), of which not less than an addi- CHAFEE AMENDMENT NO. 3897 tional $500,000 shall be available for use for available for law enforcement purposes on law enforcement purposes in the national Mr. ROTH (for Mr. L. CHAFEE) pro- the Pisgah and Nantahala national forests’’. forest that, during fiscal year 2000, had both posed an amendment to the bill, H.R. the greatest number of methamphetamine 4578, supra; as follows: AMENDMENT NO. 3902 dumps and the greatest number of meth- On page 215, line 24, strike ‘‘or’’ and insert Intended to be proposed by Mr. EDWARDS amphetamine laboratory law enforcement ‘‘and’’, and on page 216, line 1, strike ‘‘at’’ On page 130, add the following after line 24: actions in the national forest system: and insert ‘‘of’’. ‘‘For an additional amount for ‘‘Surveys, Investigations, and Research’’, $1,800,000, to MURKOWSKI AMENDMENT NO. 3898 remain available until expended, to repair or HATCH (AND BINGAMAN) replace stream monitoring equipment and AMENDMENT NO. 3890 Mr. ROTH (for Mr. MURKOWSKI) pro- associated facilities damaged by natural dis- posed an amendment to the bill, H.R. asters: Provided, That the entire amount is Mr. ROTH (for Mr. HATCH (for himself 4578, surpa; as follows: designated by the Congress as an emergency and Mr. BINGAMAN)) proposed an ‘‘SEC. . Of the funds appropriated in Title requirement pursuant to section 251(b)(2)(A) amendment to the bill, H.R. 4578, I of this Act, The Secretary shall provide of the Balanced Budget and Emergency Def- supra; as follows: $300,000 in the form of a grant to the Alaska icit Control Act of 1985, as amended.’’ On page 126, line 2, before the period, insert Pacific University’s Institute of the North the following: ‘‘, and of which $2,250,000 shall for the development of a curriculum on the TORRICELLI AMENDMENT NO. 3903 be used to construct and maintain the Four Alaska National Interest Lands Conserva- Corners Interpretive Center authorized by tion Act (ANILCA). At a minimum this Mr. ROTH (for Mr. TORRICELLI) pro- Public Law 106–143’’. ANILCA curriculum should contain compo- posed an amendment to the bill, H.R. nents which explain the law, its legislative 4578, supra; as follows: history, the subsequent amendments, and On page 164, line 14, before the period at the principal case studies on issues that have ROTH AMENDMENT NO. 3891 the end insert ‘‘, of which not less than risen during 20 years of implementation of $750,000 shall be available to complete an up- Mr. ROTH proposed an amendment to the Act; examine challenges faced by con- dated study of the New York-New Jersey the bill, H.R. 4578, supra; as follows: servation system managers in implementing highlands under section 1244(b) of the Food, On page 125, line 25, strike ‘‘58,209,000,’’ and the Act; and link ANILCA to other signifi- Agriculture, Conservation, and Trade Act of insert the following: ‘‘63,249,000, of which cant land and resource laws governing Alas- 1990 (104 Stat. 3547)’’. $1,000,000 shall be for the Lewes Maritime ka’s lands and resources. In addition, within Historic Park,’’. the funds provided, Alaska Pacific Univer- sity’s Institute of the North shall gather the FEINGOLD (AND KOHL) oral histories of key Members of Congress in AMENDMENT NO. 3904 SESSIONS AMENDMENTS NOS 3892– 1980 and before to demonstrate the intent of Mr. ROTH (for Mr. FEINGOLD 3893 Congress in fashioning ANILCA, as well as (for members of President Carter’s and Alaska himself and Mr. KOHL)) proposed an Mr. ROTH (for Mr. SESSIONS) pro- Governor Hammond’s Administrations, Con- amendment to the bill, H.R. 4578, posed two amendments to the amend- gressional staff and stakeholders who were supra; as follows: ments to the bill, H.R. 4578, supra; as involved in the creation of the Act.’’ On page 125, line 11, strike ‘‘$1,443,795,000,’’ follows: and insert the following: ‘‘$1,443,995,000, of AMENDMENT NO. 3892 SNOWE AMENDMENT NO. 3899 which $200,000 shall be available for the con- On page 125, line 25, before ‘‘of which’’ in- Mr. ROTH (for Ms. SNOWE) proposed duct of a wilderness suitability study at sert the following: ‘‘of which $1,000,000 shall an amendment to the bill H.R. 4578, Apostle Islands National Lakeshore, Wis- consin, and’’. be available to carry out exhibitions at and supra; as follows: acquire interior furnishings for the Rosa On page 125, line 25, after ‘‘$58,209,000’’, in- Parks Library and Museum, Alabama, and’’. sert ‘‘, of which not less than $730,000 shall be KERREY (AND HAGEL) available for use by the Roosevelt Campo- AMENDMENT NO. 3905 AMENDMENT NO. 3893 bello International Park Commission, and’’. Mr. ROTH (for Mr. KERREY (for him- On page 122, line 9, before the period, insert self and Mr. HAGEL)) proposed an the following: ‘‘, of which $1,000,000 shall be REID AMENDMENT NO. 3900 used for acquisition of land around the Bon amendment to the bill, H.R. 4578, Secour National Wildlife Refuge, Alabama Mr. ROTH (for Mr. REID) proposed an supra; as follows: and of which not more than $6,500,000 shall be amendment to the bill, H.R. 4578, On page 126, line 22, before the period at used for acquisition management.’’ supra; as follows: the end, insert ‘‘: Provided further, That not July 17, 2000 CONGRESSIONAL RECORD — SENATE S7081 less than $2,350,000 shall be used for construc- organophosphate, carbamate, or A resolution (S. Res. 337) relative to the tion at Ponca State Park, Nebraska, includ- organochlorine class as determined by the death of the Honorable John O. Pastore, for- ing $1,500,000 to be used for the design and U.S. Environmental Protection Agency to merly a Senator from the State of Rhode Is- construction of educational and informa- U.S. Capitol buildings or grounds maintained land. tional displays for the Missouri Recreation or administered by the Architect of the U.S. The Senate proceeded to consider the Rivers Research and Education Center, Ne- Capitol.’’ resolution. braska’’. f Mr. LOTT. Mr. President, tonight, as NOTICES OF HEARINGS we adjourn, we do so in memory of DURBIN AMENDMENT NO. 3906 John O. Pastore, who served the people COMMITTEE ON AGRICULTURE, NUTRITION, AND URBIN of Rhode Island here in the Senate Mr. ROTH (for Mr. D ) proposed FORESTRY an amendment to the bill, H.R. 4578, from 1950 to 1976. Mr. LUGAR. Mr. President, I would supra; as follows: Senator Pastore’s life was in many like to announce that the Committee On page 159, strike lines 13 through 19 and ways a realization of the American on Agriculture, Nutrition, and For- dream—characterized by humble begin- insert the following: estry will meet on July 27, 2000 in SR– ‘‘SEC. 119. None of the funds in this Act nings, hard work, opportunity, and ac- may be used to establish a new National 328a at 9:00 a.m. The purpose of this complishment. His father was an immi- Wildlife Refuge in the Kankakee River basin hearing will be to review proposals to grant tailor who passed away when unless a plan for such a refuge is consistent establish an international school lunch John was a young boy. From that time with a partnership agreement between the program. on, he and his four siblings were reared Fish and Wildlife Service and the Army COMMITTEE ON AGRICULTURE, NUTRITION, AND Corps of Engineers entered into on April 16, by their mother, who supported the FORESTRY family as a seamstress. 1999 and is submitted to the House and Sen- Mr. LUGAR. Mr. President, I would ate Committees on Appropriations thirty (30) Senator Pastore earned his law de- days prior to the establishment of the ref- like to announce that the Committee gree from Northeastern University, uge.’’ on Agriculture, Nutrition, and For- through evening classes the school of- estry will meet on July 26, 2000 in SR– fered at the Providence YMCA. The CRAPO AMENDMENT NO. 3907 328a at 9:00 a.m. The purpose of this family home was his first law office. hearing will be to review the federal Senator Pastore was initially elected Mr. ROTH (for Mr. CRAPO) proposed sugar program. to office in 1934, when he became a an amendment to the bill, H.R. 4578, COMMITTEE ON AGRICULTURE, NUTRITION, AND Member of the Rhode Island House of supra; as follows: FORESTRY Representatives. He subsequently On page 225, between lines 11 and 12, insert Mr. LUGAR. Mr. President, I would served as assistant state attorney gen- the following: like to announce that the Committee eral, lieutenant governor, and in 1945 ll SEC. 3 . BACKCOUNTRY LANDING STRIP AC- on Agriculture, Nutrition, and For- became governor when his predecessor CESS. estry will meet on July 20, 2000 in SD– (a) IN GENERAL.—None of the funds made resigned for another office. Senator available by this Act shall be used to take 106 at 9:00 a.m. The purpose of this Pastore was then elected to two terms any action to close permanently an aircraft meeting will be to examine the impli- in his own right. landing strip described in subsection (b). cations of high energy prices on U.S. in 1950, he was elected to the U.S. (b) AIRCRAFT LANDING STRIPS.—An aircraft agriculture. Senate to fill a vacant seat. Two years landing strip referred to in subsection (a) is COMMITTEE ON AGRICULTURE, NUTRITION, AND later, he won the first of four full a landing strip on Federal land administered FORESTRY terms in this institution. He never lost by the Secretary of the Interior or the Sec- SUBCOMMITTEE ON PRODUCTION AND PRICE an election. retary of Agriculture that is commonly COMPETITIVENESS known and has been or is consistently used Many individuals have passed for aircraft landing and departure activities. Mr. LUGAR. Mr. President, I would through the doors of this great cham- (c) PERMANENT CLOSURE.—For the purposes like to announce that the Committee ber, and each has left a unique imprint. of subsection (a), an aircraft landing strip on Agriculture, Nutrition, and For- Senators for years to come will think shall be considered to be closed permanently estry subcommittee on Production and of John Pastore whenever the ‘‘Pastore if the intended duration of the closure is Price Competitiveness will meet on rule’’, relating to germaneness of de- more than 180 days in any calendar year. July 18, 2000 in SR–328a at 2:30 p.m. The bate, is invoked. purpose of this hearing will be to re- Senator Pastore will be remembered GORTON (AND BYRD) AMEND- view proposals to examine the future of in the United States Senate as a serv- MENT NO. 3908 U.S. agricultural export programs. ant of the people and a man committed Mr. ROTH (for Mr. GORTON (for him- f to his beliefs. self and Mr. BYRD)) proposed an amend- Today, the thoughts and prayers of ment to the bill, H.R. 4578, supra; as AUTHORITY FOR COMMITTEES TO the Senate are with his family and his follow: MEET constituents. On page 130, line 4, strike ‘‘$847,596,000’’ and SPECIAL COMMITTEE ON AGING Mr. ROTH. Mr. President, I ask unan- insert ‘‘$846,596,000’’; imous consent that the resolution be On page 165, line 25, strike ‘‘$618,500,000’’ Mr. GORTON. Mr. President, I ask and insert ‘‘$613,500,000’’; unanimous consent that the Special agreed to, the preamble be agreed to, On page 164, line 19, strike ‘‘$1,233,824,000’’ Committee on Aging be authorized to the motion to reconsider be laid upon and insert ‘‘$1,231,824,000’’. meet today, July 17, 2000 from 1:30 the table, and a statement of expla- p.m.–4:30 p.m. in Dirksen 628 for the nation appear at this point in the LEGISLATIVE BRANCH purpose of conducting a hearing. RECORD. The PRESIDING OFFICER. Without APPROPRIATIONS ACT, 2001 The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. f The resolution (S. Res. 337) was BOXER AMENDMENT NO. 3909 agreed to. RELATIVE TO THE DEATH OF The preamble was agreed to. Mrs. BOXER proposed an amendment FORMER SENATOR JOHN O. PAS- The resolution, with its preamble, to the bill (H.R. 4516) making appro- TORE reads as follows: priations for the Legislative Branch for Mr. ROTH. Mr. President, I ask unan- S. RES. 337 the fiscal year ending September 30, imous consent that the Senate now Resolved, That the Senate has heard with 2001, and for other purposes; as follows: proceed to the immediate consider- profound sorrow and deep regret the an- At the appropriate place, insert the fol- ation of S. Res. 337, submitted earlier nouncement of the death of the Honorable lowing: John O. Pastore, formerly a Senator from by Senator LOTT and Senator DASCHLE. ‘‘None of the funds appropriated under this the State of Rhode Island. Act may be used for the preventative appli- The PRESIDING OFFICER. The Resolved, That the Secretary of the Senate cation of a pesticide containing a known or clerk will report the resolution by communicate these resolutions to the House probable carcinogen, a category I or II acute title. of Representatives and transmit an enrolled nerve toxin or a pesticide of the The legislative clerk read as follows: copy thereof to the family of the deceased. S7082 CONGRESSIONAL RECORD — SENATE July 17, 2000 Resolved, That when the Senate adjourns ate stand in recess from 12:30 p.m. until For the remainder of the day, it is today, it stand adjourned as a further mark 2:15 p.m. for the weekly party con- expected that the Senate will begin of respect to the memory of the deceased ferences to meet. consideration of the Agriculture appro- Senator. The PRESIDING OFFICER. Without priations bill. f objection, it is so ordered. ORDERS FOR TUESDAY, JULY 18, f f 2000 PROGRAM ADJOURNMENT UNTIL 9:15 A.M. Mr. ROTH. Mr. President, I ask unan- Mr. ROTH. Mr. President, upon con- TOMORROW imous consent that when the Senate vening at 9:15 a.m., the Senate will im- completes its business today, it ad- mediately resume debate on the Inte- Mr. ROTH. Mr. President, if there is journ until the hour of 9:15 a.m. on rior appropriations bill, with Senators no further business to come before the Tuesday, July 18. FEINGOLD and BINGAMAN in control of Senate, I now ask that the Senate I further ask unanimous consent that 15 minutes each to offer and debate stand in adjournment under the pre- on Tuesday, immediately following the their amendments. Following that de- vious order. prayer, the Journal of the proceedings bate, at approximately 9:45, the Senate There being no objection, the Senate, be approved to date, the morning hour will proceed to rollcall votes on the re- at 9:44 p.m., adjourned until Tuesday, be deemed to have expired, the time for maining amendments to the Interior July 18, 2000, at 9:15 a.m. the two leaders be reserved for their appropriations bill, as well as on final use later in the day, and the Senate passage. Following the disposition of f then resume consideration of the Inte- the Interior appropriations bill, the rior appropriations bill under the pre- Senate will begin the final four votes NOMINATIONS vious order. on the reconciliation bill. Therefore, Executive nominations received by The PRESIDING OFFICER. Without Senators should be prepared to stay in the Senate July 17, 2000: objection, it is so ordered. the Chamber for up to 12 votes, with all DEPARTMENT OF COMMERCE Mr. ROTH. Mr. President, further, I votes after the first vote limited to 10 NORMAN Y. MINETA, OF CALIFORNIA, TO BE SEC- ask unanimous consent that the Sen- minutes each. RETARY OF COMMERCE, VICE WILLIAM M. DALEY. July 17, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1253 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS 2:30 p.m. provide for the support of Native Amer- Energy and Natural Resources ican Language Survival Schools. Title IV of Senate Resolution 4, Water and Power Subcommittee SR–485 agreed to by the Senate on February 4, To hold oversight hearings on the status Health, Education, Labor, and Pensions 1977, calls for establishment of a sys- of the Biological Opinions of the Na- To hold hearings on genetic information tem for a computerized schedule of all tional Marine Fisheries Service and the in the workplace. meetings and hearings of Senate com- U.S. Fish and Wildlife Service on the SD–430 operations of the Federal hydropower Judiciary mittees, subcommittees, joint commit- system of the Columbia River. Business meeting to consider pending tees, and committees of conference. SD–366 calendar business. This title requires all such committees Indian Affairs SD–226 to notify the Office of the Senate Daily To hold oversight hearings on activities Banking, Housing, and Urban Affairs Digest—designated by the Rules com- of the National Indian Gaming Com- To hold oversight hearings on the con- mittee—of the time, place, and purpose mission. duct of monetary policy by the Federal of the meetings, when scheduled, and SR–485 Reserve. Commerce, Science, and Transportation SH–216 any cancellations or changes in the Science, Technology, and Space Sub- Foreign Relations meetings as they occur. committee Near Eastern and South Asian Affairs Sub- As an additional procedure along To hold hearings on proposed legislation committee with the computerization of this infor- authorizing funds for fiscal year 2001 To hold hearings on issues relating to mation, the Office of the Senate Daily for the National Science Foundation, the governement of Afghanistan, focus- focusing on current research activities. ing on the conduct of the Taliban (Mili- Digest will prepare this information for SR–253 tia tha rules Afghanistan). printing in the Extensions of Remarks Foreign Relations SD–419 section of the CONGRESSIONAL RECORD To hold hearings to examine giving per- 2 p.m. on Monday and Wednesday of each manent normal trade relations status Energy and Natural Resources week. to Communist China, focusing on Forests and Public Land Management Sub- human rights, labor, trade and eco- committee Meetings scheduled for Tuesday, July nomic implications. To hold hearings on S. 2757, to provide 18, 2000 may be found in the Daily Di- SD–419 for the transfer or other disposition of gest of today’s RECORD. certain lands at Melrose Air Force JULY 20 Range, New Mexico, and Yakima MEETINGS SCHEDULED 9 a.m. Training Center, Washington; S. 2691, Agriculture, Nutrition, and Forestry to provide further protections for the To hold hearings to examine implica- watershed of the Little Sandy River as JULY 19 tions of high energy prices on Unites part of the Bull Run Watershed Man- 9:30 a.m. States agriculture. agement Unit, Oregon; S. 2754, to pro- Energy and Natural Resources SD–106 vide for the exchange of certain land in Business meeting to consider pending 9:30 a.m. the State of Utah; S. 2834, to authorize calendar business. Energy and Natural Resources the Secretary of the Interior, acting SD–366 To hold oversight hearings on the United through the Bureau of Reclamation, to Environment and Public Works States General Accounting Office’s in- convey property to the Greater Yuma Fisheries, Wildlife, and Drinking Water vestigation of the Cerro Grande Fire in Port Authority of Yuma County, Ari- Subcommittee the State of New Mexico, and from zona, for use as an international port of To hold oversight hearings on the Fish Federal agencies on the Cerro Grande entry; H.R. 3023, to authorize the Sec- and Wildlife Services’s administration Fire and their fire policies in general. retary of the Interior, acting through of the Federal Aid Program. SD–366 the Bureau of Reclamation, to convey SD–406 Veterans’ Affairs property to the Greater Yuma Port Au- Commerce, Science, and Transportation To hold hearings to consider the Depart- thority of Yuma County, Arizona, for To hold hearings on the nomination of ment of Veterans’ Affairs adjudication, use as an international port of entry; Norman Y. Mineta, of California, to be and pending legislation including S. and H.R. 4579, to provide for the ex- a Member of the Board of Directors of 1810, to amend title 38, United States change of certain lands within the the Metropolitan Washington Airports Code, to clarify and improve veterans’ State of Utah. Authority. claims and appellate procedures, and S. SD–366 SR–253 2544, to amend title 38, United States Foreign Relations Health, Education, Labor, and Pensions Code, to provide compensation and ben- To hold hearings on inter-American Con- Business meeting to consider pending efits to children of female Vietnam vention for the Protection and Con- calendar business. veterans who were born with certain servation of Sea Turtles, with Annexes, SD–430 birth defects. done at Caracas December 1, 1996, (the 10 a.m. SR–418 ‘‘Convention’’), which was signed by Governmental Affairs Armed Services the United States, subject to ratifica- To hold hearings on certain legislative To hold closed hearings on the situation tion, on December 13, 1996 (Treaty Doc. proposals and issues relevant to the op- in Iraq and U.S. military operations in 105-48); international Plant Protection erations of Inspectors General, includ- and around Iraq. Convention (IPPC), adopted at the Con- ing S. 870, to amend the Inspector Gen- S–407, Capitol ference of the Food and Agriculture Or- eral Act of 1978 (5 U.S.C. App.) to in- Small Business ganization (FAO) of the United Nations crease the efficiency and account- To hold hearings to examine the General at Rome on November 17, 1997 (Treaty ability of Offices of Inspecter General Accounting Office’s performance and Doc. 106-23); food Aid Convention 1999, within Federal departments, and an accountability review. which was opened for signature at the Administrative proposal to grant stat- SR–428A United Nations Headquarters, New utory law enforcement authority to 23 Commerce, Science, and Transportation York, from May 1 through June 30, Inspectors General. To hold hearings on purchasing tickets 1999. Convention was signed by the SD–342 through the Internet, and whether or United States June 16, 1999 (Treaty Banking, Housing, and Urban Affairs not it benefits the consumer. Doc. 106-14); convention (No. 176) Con- Securities Subcommittee SR–253 cerning Safety and Health in Mines, To hold hearings on adapting a 1930’s fi- 10 a.m. adopted by the International Labor nancial reporting model to the 21st Indian Affairs Conference at its 82nd Session in Gene- century. To hold hearings on S. 2688, to amend the va on June 22, 1995 (Treaty Doc. 106-08); SD–538 Native American Languages Act to and the nomination of Everett L.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1254 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2000 Mosley, of Virginia, to be Inspector 10 a.m. 11 a.m. General, Agency for International De- Indian Affairs Foreign Relations velopment. To hold oversight hearings on the Native Business meeting to consider pending SD–419 American Graves Protection and Repa- calendar business. 2:30 p.m. triation Act. SD–419 Intelligence SR–485 2:30 p.m. To hold closed hearings on pending intel- Finance Energy and Natural Resources ligence matters. Taxation and IRS Oversight Subcommittee Forests and Public Land Management Sub- SH–219 To hold hearings on federal income tax committee issues relating to proposals to encour- To hold oversight hearings on potential JULY 21 age the creation of public open spaces timber sale contract liability incurred in urban areas and the preservation of by the government as a result of tim- 9:30 a.m. farm and other rural lands for con- ber sale contract cancellations. Energy and Natural Resources servation purposes. SD–366 Forests and Public Land Management Sub- SD–215 Indian Affairs committee To hold hearings on S. 2526, to amend the To hold oversight hearings on the Draft JULY 26 Indian Health Care Improvement Act Environmental Impact Statement im- 9 a.m. to revise and extend such Act. plementing the October 1999 announce- Small Business SR–485 ment by the President to review ap- Business meeting to markup S. 1594, to proximately 40 million acres of na- amend the Small Business Act and JULY 27 tional forest for increased protection. Small Business Investment Act of 1958. 9 a.m. SD–366 SR–428A Agriculture, Nutrition, and Forestry Agriculture, Nutrition, and Forestry To hold hearings to review proposals to JULY 25 To hold hearings to review the federal establish an international school lunch 9:30 a.m. sugar program. program. Armed Services SR–328A SR–328A To hold hearings to examine the Na- 10 a.m. tional Missile Defense Program. Governmental Affairs SEPTEMBER 26 SH–216 To hold hearings on S. 1801, to provide 9:30 a.m. Energy and Natural Resources for the identification, collection, and Veterans’ Affairs To hold oversight hearings on Natural review for declassification of records To hold joint hearings with the House Gas Supply. and materials that are of extraordinary Committee on Veterans’ Affairs on the SD–366 public interest to the people of the Legislative recommendation of the United States. American Legion. SD–342 345 Cannon Building Monday, July 17, 2000 Daily Digest

HIGHLIGHTS Senate passed Legislative Branch Appropriations bill. Senate Department of the Interior and related agencies for Chamber Action the fiscal year ending September 30, 2001, taking Routine Proceedings, pages S6991–S7082 action on the following amendments proposed there- Measures Introduced: Five bills and two resolu- to: Pages S7007±09, S7014±43, S7055±57 tions were introduced, as follows: S. 2878–2882, S.J. Adopted: Res. 50, and S. Res. 337. Page S7072 Roth (for Daschle) Amendment No. 3778, to designate funds for the United Sioux Tribes of South Measures Reported: Reports were made as follows: Dakota Development Corporation for the purpose of S. 2487, to authorize appropriations for Fiscal employment assistance. Pages S7055±57 Year 2001 for certain maritime programs of the De- Roth (for Edwards) Modified Amendment No. partment of Transportation, with an amendment in 3779, to make funds available for the acquisition of the nature of a substitute. (S. Rept. No. 106–345) lands on the Pisgah National Forest. Pages S7055±57 Page S7072 Roth (for Domenici) Modified Amendment No. Measures Passed: 3784, to provide for the management of the Valles Legislative Branch Appropriations: Senate passed Caldera National Preserve. Pages S7055±57 H.R. 4516, making appropriations for the Legisla- Roth (for Stevens) Modified Amendment No. tive Branch for the fiscal year ending September 30, 3786, to direct monies from the federal subsistence 2001, after incorporating the text of S. 2603, Senate account to the State of Alaska to provide effective companion measure, and after agreeing to the fol- dual management under the federal subsistence fish- lowing amendment proposed thereto, as follows: eries program. Pages S7055±57 Pages S7057±65 Roth (for Stevens) Modified Amendment No. Boxer Amendment No. 3909, to limit funds for 3787, to authorize the accrual of interest on escrow the preventative application of a pesticide containing accounts established under section 1411 of the Alas- a known or probable carcinogen, a category I or II ka National Interest Lands Conservation Act and re- acute nerve toxin or a pesticide of the organophos- lating to re-withdrawn lands. Pages S7055±57 phate, carbamate, or organochlorine class as deter- Roth (for Stevens) Amendment No. 3788, to pro- mined by the Environmental Protection Agency to vide monies to the City of Craig, Alaska in lieu of U.S. Capitol buildings or grounds maintained or ad- municipal land entitlements authorized under the ministered by the Architect of the U.S. Capitol. Alaska Statehood Act. Pages S7055±57 Page S7057 Roth (for Stevens) Amendment No. 3789, to pro- Senate insisted on its amendments, request a con- vide for the relief of Harvey R. Redmond. ference with the House thereon, and the Chair was Pages S7055±57 authorized to appoint the following conferees on the Roth (for Ashcroft) Amendment No. 3889, to part of the Senate: Senators Bennett, Stevens, Craig, provide funding for the Department of the Interior Cochran, Feinstein, Durbin, and Byrd. Page S7065 to fight methamphetamine production and trafficking in our national forests. Pages S7055±57 Death of Former Senator Pastore: Senate agreed Roth (for Hatch) Amendment No. 3890, to pro- to S. Res. 337, relative to the death of the Honor- vide funds for the construction of the Four Corners able John O. Pastore, formerly a Senator from the Interpretive Center. State of Rhode Island. Pages S7081±82 Roth Amendment No. 3891, to make funds avail- Interior Appropriations: Senate resumed considerable for the Lewes Maritime Historic Park. ation of H.R. 4578, making appropriations for the Pages S7055±57 D756

VerDate 11-MAY-2000 10:50 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY0.REC pfrm04 PsN: D17JY0 July 17, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D757 Roth (for Sessions) Amendment No. 3892, to pro- Missouri Recreation Rivers Research and Education vide funding to carry out exhibitions at and acquire Center, Nebraska. Pages S7055±57 interior furnishings for the Rosa Parks Library and Roth (for Durbin) Amendment No. 3906, to pro- Museum, Alabama, with an offset. Pages S7055±57 vide that none of the funds in this Act may be used Roth (for Sessions) Amendment No. 3893, to pro- to establish a new National Wildlife Refuge in the vide funding for acquisition of land around the Bon Kankakee River basin unless a plan for such a refuge Secour National Wildlife Refuge, Alabama, with an is consistent with a partnership agreement between offset. Pages S7055±57 the Fish and Wildlife Service and the Army Corp of Roth (for Landrieu/Breaux) Amendment No. Engineers. Pages S7055±57 3894, to set aside funding for the development of a Roth (for Crapo) Amendment No. 3907, to help preservation plan for Cane River National Heritage ensure general aviation aircraft access to Federal land Area, Louisiana. Pages S7055±57 and the airspace over that land. Pages S7055±57 Roth (for Landrieu/Breaux) Amendment No. Roth (for Gorton/Byrd) Amendment No. 3908, to 3895, to set aside funding for the National Center limit certain funding. Pages S7055±57 for Preservation Technology and Training for the de- Withdrawn: velopment of a model for heritage education through Thomas Amendment No. 3800, to provide au- distance learning. Pages S7055±57 thority for the Secretary of the Interior to conduct Roth (for Feinstein) Amendment No. 3896, to a study on the management of conflicting activities make funds available for fuels reduction activities at and uses. Pages S7016±24 Pending: Sequoia National Monument. Pages S7055±57 Roth (for Chafee) Amendment No. 3897, to make Reed Amendment No. 3798, to increase funding for weatherization assistance grants, with an offset. certain technical corrections. Pages S7055±57 Pages S7014±16 Roth (for Murkowski) Amendment No. 3898, to Bryan/Fitzgerald Amendment No. 3883, to reduce create a curriculum for the instruction of Federal the Forest Service timber sale budget by Land Managers in Alaska on the contents and legis- $30,000,000 and increase the wildland fire manage- lative history of the Alaska National Interest Lands ment budget by $15,000,000. Pages S7024±27 Conservation Act. Pages S7055±57 Lieberman Modified Amendment No. 3811, to Roth (for Snowe) Amendment No. 3899, to set provide funding for maintenance of a Northeast aside additional funding for the Roosevelt Campo- Home Heating Oil Reserve, with an offset. Pages S7055±57 bello International Park Commission. Pages S7027±29 Roth (for Reid) Amendment No. 3900, to clarify Nickles Amendment No. 3884, to defend the terms of conveyance to Nye County, Nevada. Constitutional system of checks and balances be- Pages S7055±57 tween the Legislative and Executive branches. Roth (for Edwards) Amendment No. 3901, to Pages S7029±32 make funds available for law enforcement purposes Reid (for Boxer) Amendment No. 3885, to pro- on the Pisgah and Nantahala national forests. vide that none of the funds appropriated under this Pages S7055±57 Act may be used for the preventive application of a Roth (for Edwards) Amendment No. 3902, to pesticide containing a known or probable carcinogen, make funds available for ‘‘Surveys, Investigations, a category I or II acute nerve toxin or a pesticide of and Research’’ to remain available until expended, to the organophosphate, carbamate, or organochlorine repair or replace stream monitoring equipment and class as identified by the Environmental Protection associated facilities damaged by natural disasters. Agency in National Parks in any area where children Pages S7055±57 may be present. Page S7032 Roth (for Torricelli) Amendment No. 3903, to Gorton (for Bond) Amendment No. 3886, to pro- provide that funding shall be available to complete hibit use of funds for application of unapproved pes- an updated study of the New York-New Jersey ticides in certain areas that may be used by children. highlands under the Forest Stewardship Act of 1990. Pages S7032±34 Pages S7055±57 Reid (for Bingaman) Amendment No. 3887, to Roth (for Feingold/Kohl) Amendment No. 3904, express the sense of the Senate regarding the protec- to make funds available for the conduct of a wilder- tion of Indian program monies from judgment fund ness suitability study at Apostle Islands National claims. Pages S7034±35 Lakeshore, Wisconsin. Pages S7055±57 A unanimous-consent agreement was reached pro- Roth (for Kerrey/Hagel) Amendment No. 3905, viding for further consideration of the bill and cer- to set aside funding for the design and construction tain amendments to be proposed thereto, on Tues- of educational and informational displays for the day, July 18, 2000.

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Marriage Tax Penalty Relief Reconciliation Act: back along with legislation that would substantially Senate resumed consideration of H.R. 4810, to pro- extend the solvency of Social Security and Medicare. vide for reconciliation pursuant to section 103(a)(1) Page S7043±44 of the concurrent resolution on the budget for fiscal By 46 yeas to 50 nays (Vote No. 200), Moynihan year 2001, striking all after the enacting clause and Amendment No. 3863, in the nature of a substitute. inserting in lieu thereof the text of S. 2839, Senate Page S7045 companion measure, as an amendment, which was Earlier, Amendment No. 3863 (listed above), was subsequently agreed to, and taking action on the fol- ruled germane. lowing amendments proposed thereto: Pages S7043±55 By 40 yeas to 56 nays (Vote No. 201), Feingold Adopted: Amendment No. 3845, to strike the adjustment to Roth (for Bond) Amendment No. 3851 (to the rate brackets and to further adjust the standard Amendment No. 3850), to amend the Internal Rev- deduction. Page S7046 enue Code of 1986 to allow a deduction for 100 per- Withdrawn: cent of the health insurance costs of self-employed Reid (for Dodd) Amendment No. 3876, to amend individuals. Page S7049 the Internal Revenue Code of 1986 to increase the Reid (for Durbin) Amendment No. 3850, to unified credit exemption and the qualified family- amend the Internal Revenue Code of 1986 to in- owned business interest deduction, to increase, ex- crease the deduction for health insurance costs of pand, and simplify the child and dependent care tax self-employed individuals. Page S7049 credit, to expand the adoption credit for special Reid (for Torricelli) Amendment No. 3854, to en- needs children, to provide incentives for employer- sure that children enrolled in the Medicaid program provided child care. Pages S7043, S7051 at highest risk for lead poisoning are identified and Roth (for Stevens) Amendment No. 3868, to treated. Page S7050 amend the Internal Revenue Code of 1986 to main- Reid (for Torricelli) Amendment No. 3855, to tain exemption of Alaska from dyeing requirements amend the Social Security Act to waive the 24- for exempt diesel fuel and kerosene. Page S7043 month waiting period for Medicare coverage of indi- Roth (for Stevens) Amendment No. 3869, to viduals disabled with amyotrophic lateral sclerosis. amend section 415 of the Internal Revenue Code. Page S7050 Page S7043 Reid (for Cleland) Amendment No. 3859, to Roth (for Stevens) Amendment No. 3870, to amend the Internal Revenue Code of 1986 to ex- amend the Internal Revenue Code of 1986 to pro- clude United States savings bond income from gross vide a charitable deduction for certain expenses in- income if used to pay long-term care expenses. curred in support of Native Alaskan subsistence Page S7050 whaling. Page S7043 Reid (for Cleland) Amendment No. 3860, to Roth (for Stevens) Amendment No. 3871, to amend the Internal Revenue Code of 1986 to expand amend the Internal Revenue Code to provide for eq- the enhanced deduction for corporate donations of uitable treatment of trusts created to preserve the computer technology to public libraries and commu- benefits of Alaska Native Settlement Act. Page S7043 nity centers. Pages S7050±51 Roth (for Stevens) Amendment No. 3872, to clar- Dorgan Amendment No. 3877, to amend the In- ify the tax treatment of passengers filling empty ternal Revenue Code of 1986 to treat payments seats on noncommercial airplanes. Page S7043 under the Conservation Reserve Program as rentals Roth (for Stevens) Amendment No. 3873, to from real estate, expand the applicability of section amend title 26 of the Taxpayer Relief Act of 1986 179 expensing, provide an exclusion for gain from to allow income averaging for fishermen without the sale of farmland, and allow a deduction for 100 negative Alternative Minimum Tax treatment, for percent of the health insurance costs of self-employed the creation of risk management accounts for fisher- individuals. Page S7050 men. Page S7043 Landrieu Amendment No. 3888, to amend the In- Brownback Modified Amendment No. 3849, to ternal Revenue Code of 1986 to expand the adoption provide tax relief for farmers. Page S7044 credit to provide assistance to adoptive parents of Reid (for Torricelli) Amendment No. 3856, to special needs children. Pages S7048, S7050 amend the Internal Revenue Code of 1986 to lower Rejected: the adjusted gross income threshold for deductible By 45 yeas to 49 nays (Vote No. 198), Feingold disaster casualty losses to 5 percent, to make such motion to commit the bill to the Committee on Fi- deduction an above-the-line deduction, to allow an nance with instructions that the Committee report it election to take such deduction for the preceding or

VerDate 11-MAY-2000 10:44 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY0.REC pfrm04 PsN: D17JY0 July 17, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D759 succeeding year, and to eliminate the marriage pen- voted in the affirmative, Senate rejected Roth motion alty for individuals suffering casualty losses. to waive any point of order made against Amend- Page S7051 ments numbered 3864 and 3865 (to Amendment Reid (for Torricelli) Amendment No. 3857, to No. 3863). Pages S7044±45 amend the Internal Revenue Code of 1986 to elimi- Senate sustained a point of order against Roth nate the marriage penalty for individuals suffering Amendment No. 3864, to strike sunset provision, as casualty losses. Page S7051 being in violation of the Byrd Rule of the Budget Roth (for Grams) Amendment No. 3861, to re- Act, and the amendment thus fell. Page S7045 peal the increase in tax on Social Security benefits. Senate sustained a point of order against Roth Page S7051 Amendment No. 3865 (to Amendment No. 3863), Roth (for Abraham) Modified Amendment No. to strike sunset provision, as being in violation of 3862, to express the sense of the Senate regarding the Byrd Rule of the Budget Act, and the amend- the need to repeal the marriage tax penalty and im- ment thus fell. Page S7045 prove coverage of prescription drugs under the Medi- By 30 yeas to 68 nays (Vote No. 202), three-fifths care program this year. Page S7051 of those Senators duly chosen and sworn not having Reid Amendment No. 3866 (to Amendment No. voted in the affirmative, Senate rejected a motion to 3861), to express the sense of the Senate that the waive certain provisions of the Congressional Budget general fund transfer mechanism included in the Act of 1974 with respect to the consideration of Grams Social Security amendment should be used to Feingold Amendment No. 3846, to provide a non- extend the life of the Medicare trust fund through refundable credit against tax for costs of COBRA 2030, to ensure that Medicare remains a strong continuation insurance and allow extended COBRA health insurance program for our nation’s seniors and coverage for qualified retirees. Subsequently, a point that its payments to health providers remain ade- of order that the amendment was in violation of sec- quate. Page S7051 tion 305(b)(2) of the Congressional Budget Act was Roth (for Grams) Amendment No. 3867 (to sustained, and the amendment thus fell. Amendment No. 3861), to repeal the increase in tax Pages S7046±47 on Social Security benefits. Page S7051 By 45 yeas to 53 nays (Vote No. 203), three-fifths Reid (for Wellstone) No. 3879, to express the of those Senators duly chosen and sworn not having sense of the Senate regarding the restoration of re- voted in the affirmative, Senate rejected a motion to ductions in payments under the Medicare program waive certain provisions of the Congressional Budget caused by the Balanced Budget Act of 1997. Act of 1974 with respect to the consideration of Page S7051 Harkin Amendment No. 3847, to amend the Fair Reid (for Wellstone) No. 3880, to express the Labor Standards Act of 1938 to provide more effec- sense of the Senate regarding the restoration of re- tive remedies to victims of discrimination in the ductions in payments under the Medicare program payment of wages on the basis of sex. Subsequently, caused by the Balanced Budget Act of 1997. a point of order that the amendment was in viola- Page S7051 tion of section 305(b)(2) of the Congressional Budget Nickles (for Lott) Amendment No. 3882, to pro- Act was sustained, and the amendment thus fell. vide a substitute. Page S7051 Pages S7047±48 Pending: By 51 yeas to 47 nays (Vote No. 204), three-fifths Burns Amendment No. 3874, to repeal of the of those Senators duly chosen and sworn not having modification of the installment method. Page S7055 voted in the affirmative, Senate rejected a motion to Reid (for Hollings) Amendment No. 3875, to pay waive certain provisions of the Congressional Budget down the debt by striking the tax cuts. Page S7055 Act of 1974 with respect to the consideration of Nickles (for Lott) Amendment No. 3881, to pro- Kennedy Amendment No. 3848, to amend title vide a substitute. Page S7055 XIX and XXI of the Social Security Act to permit During consideration of this measure today, the States to expand coverage under the Medicaid pro- Senate took the following actions: gram and SCHIP to parents of enrolled children. Roth Modified motion to waive all points of order Subsequently, a point of order that the amendment under the budget process, arising from the earned- was in violation of section 305(b)(2) of the Congres- income credit component. Subsequently, Senate sional Budget Act was sustained, and the amend- failed to sustain the point of order against section 4 ment thus fell. Pages S7048±49 of the bill that it violates section 313 of the Con- By 49 yeas to 49 nays (Vote No. 205), three-fifths gressional Budget Act. Page S7043 of those Senators duly chosen and sworn not having By 48 yeas to 47 nays (Vote No. 199), three-fifths voted in the affirmative, Senate rejected a motion to of those Senators duly chosen and sworn, not having waive certain provisions of the Congressional Budget

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Act of 1974 with respect to the consideration of Notices of Hearings: Page S7081 Reid (for Durbin) Modified Amendment No. 3852, Authority for Committees: Page S7081 to amend the Internal Revenue Code of 1986 to allow small business employers a credit against in- Additional Statements: Pages S7066±67 come tax for employee health insurance expenses Text of H.R. 4205, as Previously Passed: paid or incurred by the employer. Subsequently, a Pages S6871±S6982 (Record of 7±14±00) point of order that the amendment was in violation Record Votes: Nine record votes were taken today. of section 305(b)(2) of the Congressional Budget Act (Total—206) Pages S7044±S7050 was sustained, and the amendment thus fell. Adjournment: Senate convened at 12 noon, and ad- Pages S7049±50 journed at 9:44 p.m., until 9:15 a.m. on Tuesday, By 49 yeas to 50 nays (Vote No. 206), three-fifths July 18, 2000. (For Senate’s program, see the re- of those Senators duly chosen and sworn not having marks of the Acting Majority Leader in today’s voted in the affirmative, Senate rejected a motion to Record on page S7082.) waive certain provisions of the Congressional Budget Act of 1974 with respect to the consideration of Reid (for Robb) Amendment No. 3853, to make the Committee Meetings bill effective upon enactment of a Medicare prescription drug benefit. Subsequently, a point of order (Committees not listed did not meet) that the amendment was in violation of section END-OF-LIFE CARE 305(b)(2) of the Congressional Budget Act was sus- Special Committee on Aging: Committee held hearings tained, and the amendment thus fell. Page S7050 A unanimous-consent agreement was reached pro- to examine certain professional and public education viding for further consideration of the bill on Tues- initiatives that are under way to inform Americans day, July 18, 2000, with votes to occur on pending about appropriate end-of-life care that may improve amendments and final passage. Further, that the Sen- care, ease pain, and help families as the nation ages, ate insist on its amendment, request a conference receiving testimony from Joanne Lynn, Arlington, with the House thereon, and the Chair be authorized Virginia, on behalf of the Americans for Better Care of the Dying, and the RAND Center to Improve to appoint the following conferees on the part of the Care of the Dying; James A. Tulsky, Duke Univer- Senate: Senators Roth, Lott, and Moynihan. sity Department of Medicine Institute on Care at the Page S7055 End of Life, Durham, North Carolina, on behalf of Nominations Received: Senate received the fol- the Durham Veterans Affairs Medical Center; Linda lowing nomination: Todd, Hospice of the Siouxland, Sioux City, Iowa, Norman Y. Mineta, of California, to be Secretary on behalf of the National Hospice and Palliative of Commerce. Page S7082 Care Organization; Richard Rosenquist, University Messages From the House: Page S7067 of Iowa, Iowa City, Iowa, on behalf of the Iowa City Veterans Affairs Medical Center Pain Management Measures Referred: Page S7067 Clinic; Linda Emanuel, Northwestern University, Petitions: Pages S7067±72 Chicago, Illinois, on behalf of the Education for Phy- Statements on Introduced Bills: Pages S7072±76 sicians on End-of-Life Care Project, Shelly Twiford, Dakota City, Nebraska; and Peggy Gulotta, New Additional Cosponsors: Pages S7076±78 Orleans, Louisiana. Amendments Submitted: Pages S7079±81 Hearings recessed subject to call.

VerDate 11-MAY-2000 10:44 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY0.REC pfrm04 PsN: D17JY0 July 17, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D761 House of Representatives United States Virgin Islands and Guam, amended Chamber Action (H. Rept. 106–745); Bills Introduced: 4 public bills, H.R. 4864–4867; S. 439, to amend the National Forest and Public and 1 resolution, H. Con. Res. 372, were intro- Lands of Nevada Enhancement Act of 1988 to adjust duced. Page H6354 the boundary of the Toiyabe National Forest, Nevada Reports Filed: Reports were filed today as follows. (H. Rept. 106–746); H.R. 4437, to grant to the United States Postal S. 1629, to provide for the exchange of certain Service the authority to issue semipostals, amended land in the State of Oregon (H. Rept. 106–747); (H. Rept. 106–734, Pt. 1); S. 1374, to authorize the development and main- H.R. 2671, to provide for the Yankton Sioux tenance of a multi agency campus project in the Tribe and the Santee Sioux Tribe of Nebraska certain town of Jackson, Wyoming (H. Rept. 106–748); benefits of the Missouri River Basin Pick-Sloan S. 1705, to direct the Secretary of the Interior to project (H. Rept. 106–735); enter into land exchanges to acquire from the private H.R. 2435, to expand the boundaries of the Get- owner and to convey to the State of Idaho approxi- tysburg National Military Park to include the Wills mately 1,240 acres of land near the City of Rocks House, amended (H. Rept. 106–736); National Reserve, Idaho (H. Rept. 106–749); H.R. 3468, to direct the Secretary of the Interior H.R. 3676, to establish the Santa Rosa and San to convey to certain water rights to Duchesne City, Jacinth Mountains National Monument in the State Utah (H. Rept. 106–737); of California, amended (H. Rept. 106–750); H.R. 3817, to redesignate the Big South Trail in H.R. 4115, to authorize appropriations for the the Comanche Peak Wilderness Area of Roosevelt United States Holocaust Memorial Museum, amend- National Forest in Colorado as the ‘‘Jaryd Atadero ed (H. Rept. 106–751); Legacy Trail’’, amended (H. Rept. 106–738); H. Res. 553, providing for consideration of a mo- H.R. 2773, to amend the Wild and Scenic Rivers tion to go to conference on any Senate amendments Act to designate the Wekiva River and its tribu- to H.R. 4810, to provide for reconciliation pursuant taries of Rock Springs Run and Black Water Creek to section 103(a)(1) of the concurrent resolution on in the State of Florida as components of the national the budget for fiscal year 2001 (H. Rept. 106–752); wild and scenic rivers system, amended (H. Rept. H.R. 4843, to amend the Internal Revenue Code 106–739); of 1986 to provide for retirement security and pen- H.R. 2833, to establish the Yuma Crossing Na- sion reform, amended (H. Rept. 106–753); and tional Heritage Area, amended (H. Rept. 106–740); Conference report on H.R. 4576, making appro- H.R. 2919, to promote preservation and public priations for the Department of Defense for the fiscal awareness of the history of the Underground Rail- year ending September 30, 2001 (H. Rept. road by providing financial assistance, to the Free- 106–754). Pages H6102±H6345, H6353±54 dom Center in Cincinnati, Ohio, amended (H. Rept. Speaker Pro Tempore: Read a letter from the 106–741); Speaker wherein he designated Representative H.R. 3236, to authorize the Secretary of the Inte- Biggert to act as Speaker pro tempore for today. rior to enter into contracts with the Weber Basin Page H6055 Water Conservancy District, Utah, to use Weber Basin Project facilities for the impounding, storage, Recess: The House recessed at 12:41 p.m. and re- and carriage of nonproject water for domestic, mu- convened at 2 p.m. Page H6056 nicipal, industrial, and other beneficial purposes, Recess: The House recessed at 4:41 p.m. and recon- amended (H. Rept. 106–742); vened at 7 p.m. Page H6085 H.R. 3291, to provide for the settlement of the Suspensions: The House agreed to suspend the rules water rights claims of the Shivwits Band of the Pai- and pass the following measures: ute Indian Tribe of Utah, amended (H. Rept. 106–743); Postage Stamps Sold At A Premium: H.R. 4437, H.R. 3657, to provide for the conveyance of a amended, to grant to the United States Postal Serv- small parcel of public domain land in the San ice the authority to issue semipostals; Pages H6068±71 Bernardino National Forest in the State of California, Vicki Coceano Post Office Building in Miramar amended (H. Rept. 106–744); City, Florida: H.R. 3985, amended, to designate H.R. 3999, to clarify the process for the adoption the facility of the United States Postal Service lo- of local constitutional self-government for the cated at 14900 Southwest 30th Street in Miramar

VerDate 11-MAY-2000 10:44 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY0.REC pfrm04 PsN: D17JY0 D762 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 2000 City, Florida, as the ‘‘Vicki Coceano Post Office ered as read, that all points of order against it and Building.’’ Agreed to amend the title; Pages H6071±72 against its consideration be waived ; that it be de- Inadequate Security Policy and Procedures with- batable for two hours equally divided and controlled in the National Nuclear Security Administration: by the Chairman of the Committee on Ways and H. Res. 534, expressing the sense of the House of Means (in opposition) and a Member in support; that Representatives that the recent nuclear weapons se- pursuant to sections 152 and 153 of the Trade Act curity failures at Los Alamos National Laboratory of 1974, the previous question be considered as or- demonstrate that security policy and security proce- dered to final passage without intervening motion; dures within the National Nuclear Security Admin- and that these provisions shall not otherwise apply istration remain inadequate, that the individuals re- to any joint resolution disapproving the extension of sponsible for such policy and procedures must be the waiver authority with respect to China for the held accountable for their performance, and that im- remainder of the second session of the 106th Con- mediate action must be taken to correct security de- gress. Further it is the intent that the 2 hours of deficiencies x(agreed to by a yea and nay vote of 391 bate be yielded fairly between members of the ma- yeas to 5 nays with 2 voting ‘‘present’’, Roll No. jority and minority parties on both sides of the issue. Page H6086 401); Pages H6072±77, H6086 Rehabilitation of Floodwater Retention Projects: Late Report—DOD Conference Report: The H.R. 728, amended, to amend the Watershed Pro- Committee on Appropriations received permission to tection and Flood Prevention Act to authorize the have until midnight to file a conference report on Secretary of Agriculture to provide cost share assist- H.R. 4576, making appropriations for the Depart- ance for the rehabilitation of structural measures ment of Defense for the fiscal year ending September 30, 2001. Page H6089 constructed as part of water resource projects previously funded by the Secretary under such Act or Quorum Calls—Votes: Four yea and nay votes de- related laws. Agreed to amend the title; veloped during the proceedings of the House today Pages H6077±81 and appear on pages H6086, H6087, H6087–88, and H6088. There were no quorum calls. Congratulating the Republic of Latvia on the 10th Anniversary Reestablishment of its Independ- Adjournment: The House met at 12:30 p.m. and ence: H. Con. Res. 319, congratulating the Republic adjourned at 10 p.m. of Latvia on the 10th anniversary of the reestablishment of its independence from the rule of the former Committee Meetings Soviet Union (agreed to by a yea and nay vote of MARRIAGE TAX PENALTY RELIEF 398 yeas with none voting ‘‘nay’’, Roll No. 402); RECONCILIATION ACT—RESOLVE and Pages H6081±83, H6087 DIFFERENCES WITH SENATE Attack on the Jewish Community Center in Committee on Rules: Granted, by voice vote, a rule Buenos Aires, Argentina: H. Res. 531, amended, providing for consideration of a motion to go to con- condemning the 1994 attack on the AMIA Jewish ference on H.R. 4810, Marriage Penalty Tax Elimi- Community Center in Buenos Aires, Argentina, urg- nation Reconciliation Act. The rule provides that the ing the Argentine Government to punish those re- motion shall be debatable for one hour equally di- sponsible (agreed to by a yea and nay vote of 402 vided and controlled by the chairman and ranking yeas to one nay, Roll No. 403). minority member of the Committee on Ways and Pages H6083±85, H6087±88 Means. Finally, the rule provides that H. Res. 550 Suspension Failed—Internet Gambling Prohibi- is laid on the table. tion: The House failed to suspend the rules and pass MISCELLANEOUS TRADE AND TECHNICAL H.R. 3125, amended, to prohibit Internet gambling CORRECTIONS ACT (With 2/3 required to pass, failed by a yea and nay vote of 245 yeas to 159 nays, Roll No. 404). Committee on Ways and Means: Subcommittee on Pages H6057±68, H6088 Trade approved for full Committee action the Mis- cellaneous Trade and Technical Corrections Act of Order of Business—Disapproving the Extension 2000. of Trade Waiver to China: Agreed that it be in order an any time on Tuesday, July 18, or any day CORRECTIONS ACT thereafter to consider H.J. Res. 103, disapproving Committee on Ways and Means: Subcommittee on the extension of the waiver authority contained in Trade approved for full Committee action the Mis- section 402(c) of the Trade Act of 1974 with respect cellaneous Trade and Technical Corrections Act of to the People’s Republic of China, that it be consid- 2000.

VerDate 11-MAY-2000 10:44 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY0.REC pfrm04 PsN: D17JY0 July 17, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D763 COMMITTEE MEETINGS FOR TUESDAY, Committee on Commerce, Subcommittee on Oversight and JULY 18, 2000 Investigations, hearing on ‘‘Medicaid Provider Enroll- ment: Assessing State Efforts to Prevent Fraud,’’ 10 a.m., (Committee meetings are open unless otherwise indicated) 2322 Rayburn. Senate Committee on Government Reform, hearing on ‘‘Mercury in Medicine-Are We Taking Unnecessary Risks?’’ 1 p.m., Committee on Agriculture, Nutrition, and Forestry: Sub- 2154 Rayburn. committee on Production and Price. Subcommittee on Government Management, Informa- Competitiveness, to hold hearings to examine the fu- tion and Technology, oversight hearing on ‘‘The U.S. ture of the United States agricultural export program, General Accounting Office,’’ 10 a.m., 2154 Rayburn. 2:30 p.m., SR–328A. Committee on the Judiciary, hearing on the following Committee on Appropriations: business meeting to mark bills: H.R. 1686, Internet Freedom Act; and H.R. 1685, up H.R. 4733, making appropriations for energy and Internet Growth and Development Act of 1999, Part 2, water development for the fiscal year ending September 9:30 a.m., 2141 Rayburn. 30, 2001; and H.R. 4690, making appropriations for the Subcommittee on Commercial and Administrative Law, Departments of Commerce, Justice, and State, the Judici- hearing on H.R. 1293, Transportation Employee Fair ary, and related agencies for the fiscal year ending Sep- Taxation Act of 1999; and a hearing and markup of H.R. tember 30, 2001, 2 p.m., SD–106. 4700, to grant the consent of the Congress to the Kansas Committee on Banking, Housing, and Urban Affairs: Sub- and Missouri Metropolitan Culture District Compact, 10 committee on Housing and Transportation, to hold hear- a.m., 2237 Rayburn. ings on S. 2733, to provide for the preservation of as- Committee on Resources, Subcommittee on National Parks sisted housing for low income elderly persons, disabled and Public Lands, hearing on the following bills: H.R. persons, and other families, 2 p.m., SD–538. 2317, Lower Delaware Wild and Scenic Rivers Act; and Committee on Commerce, Science, and Transportation: to H.R. 4828, Steens Mountain Wilderness Act of 2000, 10 hold hearings to examine the impact of climate change a.m., 1324 Longworth. on the United States, 9:30 a.m., SR–253. Committee on Rules, to consider the following: a measure Committee on Energy and Natural Resources: business making appropriations for the Treasury Department, the meeting to consider pending calendar business, 9:30 a.m., United States Postal Service, the Executive Office of the SD–366. President, and certain Independent Agencies, for the fiscal Committee on Finance: Subcommittee on Taxation and year ending September 30, 2001; H.R. 4118, Russian- IRS Oversight, to hold hearings on federal income tax American Trust and Cooperation Act of 2000; and H.R. issues relating to proposals to lower U.S. dependency on 4843, Comprehensive Retirement Security and Pension foreign oil used in transportation fuels, 10 a.m., SD–215. Reform Act of 2000, 5 p.m., H–313 Capitol. Committee on Foreign Relations: to hold hearings to exam- Committee on Science, Subcommittee on Energy and Envi- ine national security implications of granting Permanent ronment, hearing on Reexamining the Scientific Basis for Normal Trade Relations status to communist China, the Linear No-Threshold Model of Low-Dose Radiation, 10:30 a.m., SD–419. 10 a.m., 2318 Rayburn. Committee on Health, Education, Labor, and Pensions: to Subcommittee on Space and Aeronautics, hearing on hold hearings on the impact of increases in prescription Financing Commercial Space Ventures, 2 p.m., 2318 drug costs, 2 p.m., SD–430. Rayburn. Select Committee on Intelligence: to hold closed hearings on Committee on Transportation and Infrastructure, Sub- pending intelligence matters, 3 p.m., SH–219. committee on Ground Transportation, hearing on the Im- plementation of the Federal Railroad Administration House Grade-Crossing Whistle Ban Law, 10 a.m., 2167 Ray- Committee on Appropriations, to mark up a measure mak- burn. ing appropriations for the Treasury Department, the Committee on Veterans’ Affairs, Subcommittee on Bene- United States Postal Service, the Executive Office of the fits, to mark up the following: H.R. 4850, Veterans Ben- President, and certain Independent Agencies, for the fiscal efits Act of 2000; and H.R. 4864, Veterans Claims As- year ending September 30, 2001, 10 a.m., 2359 Rayburn. sistance Act of 2000, 10 a.m., 334 Cannon.

VerDate 11-MAY-2000 10:44 Jul 18, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY0.REC pfrm04 PsN: D17JY0 D764 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Tuesday, July 18 9 a.m., Tuesday, July 18

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of Suspensions: ation of H.R. 4578, Interior Appropriations, with votes (1) H.R. 3113—Unsolicited Commercial Electronic to occur on certain amendments and final passage begin- Mail Act; ning at 9:45 a.m.; following which, Senate will continue (2) H.R. 2634—Drug Addiction Treatment Act; consideration of H.R. 4810, Marriage Tax Penalty Relief (3) H.R. 3380—Military Extraterritorial Jurisdiction Reconciliation Act, with votes to occur on certain amend- Act; ments and final passage. Also, Senate expects to begin (4) H.R. 2961—International Patient Act; consideration of H.R. 4461, Agriculture Appropriations. (5) H.R. 4430—Alfred Rascon Post Office Building in (Senate will recess from 12:30 p.m. until 2:15 p.m. for their Fulton, Maryland; respective party conferences.) (6) H.R. 4157—Matthew ‘Mack’ Robinson Post Office Building in Pasadena, California; (7) H.R. 4517—Alan B. Shepard, Jr. Post Office Building in Derry, New Hampshire; (8) H.R. 4554—Joseph F. Smith Post Office Building in Philadelphia, Pennsylvania; (9) H.R. 4865—Debt Relief Reconciliation Act of 2001; and (10) H.R. 1264—Right-To-Know National Payroll Act. Consideration of H.J. Res. 103, disapproving the extension of the trade waiver authority for China (unanimous consent agreement, 2 hours of debate); and Possible consideration of a motion to go to conference on H.R. 4810, Marriage Tax Penalty Elimination Rec- onciliation (closed rule, 1 hour of debate).

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